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Home My WebLink About20153356.tiff CLAGPROfessionals U wr LOYLRS OP AG RIGU cru Nr Water Supply Weld County USR Application Prepared for Arrowhead Self Storage Copy • Certificate No. ,' -A CITY OF EVANS, COLORADO PRE-PAID WATER DEVELOPMENT FEE CERTIFICATE This certificate is proof of payment of fees as required by the City of Evans and entitles the owner of such certificate to all rights allowed for as hereinafter described. Date Mav 8. 1996 Size of water tap 'A" Associated water rights satisfied:Yes 2._No Legal Description. UNDFSJGAIATFA TilptT /NORTH 0 _NKE (TP c.//V) A.K.A. (street address) 37'1 Sr DC WAD AriUE Certificate Holder(owner) Company Lake Arrowhead.Inc. Mailing Address P.O.Box 632 City Greeley. State CO Zip 80632 Transferral of Certificate(notify City of Evans) • Date Name Ong owner) Company Address Mailing Address City State Zip (bruises Weds a[(Malmo Wain ad t.Eiry er Erns wet b rnY mach ism inner teeSun) into cow irrrrat.Formby Re end a bw b MLprr.y.) OFFICE USE ONLY: Date May 8 1996 Receipt Information:In accordance with Arrowhead City of Evans Representative—:9 n (Jf/FF Rtfl4 &F/MR. Sigrrare Title Date of Disposition Disposition Information Person Requesting Disposition Address City Sum Zip Code City of Evans Representative Kti Signature Title • CC Y • Certificate No, /9—A —A CITY OF EVANS, COLORADO PRE-PAID WATER DEVELOPMENT FEE CERTIFICATE This certificate is proof of payment of fees as required by the City of Evans and entitles the owner of such certificate to all rights allowed for as hereinafter described. Date Mav 8. 1996 Size of water tap 34" Associated water rights satisfied:Yes ,_ No Legal Description: f/AIDfsreNATFA —rider NDJeTH or LAKE (TAP#a v A.K.A. (street address) 3T"Sr 4RRotUH/eo ORr OE Certificate Holder(owner) Company Lake Arrowhead,Inc. Mailing Address P.O.Box 632 City Creaky State CO Zip 80632 Transferral of Certificate(notify City of Evans) . Date Name(newewna) Company Address • Mailing Address City State Zip Maisie aee Nab V.(*.Nen ails% de.Cye(rwr air be radd r much See watts—plael (11+wwb.arced*bwS sg,we ant Mb Omitryary) ,OFFICE USE ONLY: Date May 8. 1996 Receipt Information- In_accordaance with Arrowhead �em< , a . [ City of Evans Representative sery NofFfiC/A�— Signature Tttb Date of Disposition Disposition Information Person Requesting Disposition Address City State Zip Code City of Evans Representative Signature Title .....r.r.w.ue. r( • Certificate No. alb-A CITY OF EVANS, COLORADO PRE-PAID WATER DEVELOPMENT FEE CERTIFICATE This certificate is proof of payment of fees as required by the City of Evans and entitles the owner of such certificate to all rights allowed for as hereinafter described. Date Mav 8. 1996 Size of water tap V." Associated water rights satisfied:Yes (_No Legal Description: Urns Ole norrio —7 A AF In No A1orX of .LAKF P#3e A.K.A.(street address) Inn Sr AnearfA0 JLPiv; Certificate Holder(owner) Company Lake Arrowhead.Inc. Mailing Address P.O. Box 632 City crreeley State CO Zip 80632 Transferral of Certificate(notify City of Evans) • Date Name(new oang> Company Address Mailing Addresc City State Zip (rtiimYr iiddrdaftdan..'fanaea Intl the Cry*Mies be soiled neck FeroenF tots Set) re miff Is=pert Paid"tip rd emdrf Yr b amour I /OFFICE USE ONLY: Date May 8. 1996 Receipt Information:In accordance with Arrowhead Agt men �7 n City of Evans Representative erc? 9�w/amp ! or Rog 6FF/[/RL Si nsa1R Tide Date of Disposition Disposition Information Person Requesting Disposition Address City Slate Zip Code City of Evans Representative usaa. Signature Title I • Certificate No. a?1-A CITY OF EVANS, COLORADO PRE-PAID WATER DEVELOPMENT FEE CERTIFICATE This certificate is proof of payment of fees as required by the City of Evans and entitles the owner of such certificate to all rights allowed for as hereinafter described. Date May 8. 1996 Size of water tap 1/4" Associated water rights satisfied:Yes X No Legal Description- thinscies/ATt° 77,9•47- OF /-AND NOR?7f elf Ives APit A.K.A. (street address) 37'-" Sr RRlloNNfso 1 .e. 0 Certificate Holder(owner) Company Lake Arrowhead.Inc. Mailing Address P O.Box 632 City Greeley State CO Zip 80632 Transferral of Certificate(notify City of Evans) • Date Name(new owner) Company Address • Mailing Address City State Zip (n+(mY ow(hula.Y as.am.wfen.+..W a.e.,ett..n nis be Raid u rels.wide SW plate) J"t"^^i=por ttfinal*imp w toady"w water papacy) OFFICE USE ONLY: Date May 8. 1996 Receipt Information:In accordance with Arrowhead semen( / n /� City of Evans Representative Jon) Jrt nip le- BOG ,47/[/AL Signature Title Date of Disposition Disposition Information Person Requesting Disposition Address City State Zip Code City of Evans Representative .uti Signature Title ;C AGPROfessionals DEVELOPERS OF ACRICUEILIRE Sewage Weld County USR Application Prepared for Arrowhead Self Storage 4052429 Pages: 1 of 12 10/ea/2014 01.24 PM R Fee:$66.00 Ji•o�Ifl i4l�J✓f,�lh+�l�ILin order Weld County. ca l�1 lf:I VINK ,Ii'MIK ti III AGREEMENT AND DEED FOR EASEMENT AND RIGHTS-OF-WAY (Ashcroft Draw Sanitary Sewer Line) This Agreement is entered into this 94 day of tCdv ,r , 2014, by and between the City of Evans,a Colorado home rule municipality("the City") and Lake Arrowhead,Inc. ("Owner"). WHEREAS, the Owner is the owner of the property described on Exhibit A - Land Survey Plat, attached hereto ("the Property"); and WHEREAS, a sanitary sewer line has been installed across the Property to service properties lying within and outside the City of Evans; and WHEREAS, the City has been maintaining the sanitary sewer line and intends to continue to do so in the future;and WHEREAS, the Owner wishes to grant the City an easement across the Property for the sanitary sewer line and uses associated with the sanitary sewer line; and WHEREAS, in connection with the construction of the sanitary sewer line, the City entered into a Reimbursement Agreement dated December 3, 2002,pursuant to which the City and the entity referred to in the Reimbursement Agreement as the "Developer" (which bore the initial cost of constructing the sanitary sewer line), agreed that the Developer would be entitled to be reimbursed for portions of the costs of such construction under certain terms and conditions; and WHEREAS, the Property is benefited by the sanitary sewer line and the Owner of the Property is therefore subject to certain reimbursement obligations under the Reimbursement Agreement;and WHEREAS, the parties recognize that at some point in the future rights-of way across a portion of the Property for roadways and utilities and related purposes will need to be conveyed to the City to facilitate development of the Property and surrounding properties. NOW THEREFORE, in consideration of the premises cited above, and the mutual covenants and promises contained herein, the sufficiency of which is acknowledged,the Owner and the City agree as follows: Page 1 of 12 , or MISn• A t_9m xe,)$C,)W 1. CONVEYANCE OF PERMANENT SANITARY SEWER EASEMENT tiOO �m Owner hereby conveys to the City, at no cost to the City other than the consideration set si:,-e forth in this Agreement and Deed, and the City hereby accepts the conveyance from aS��d A Owner of a twenty foot wide easement located ten feet on each side of the center line '_W O?!. described on Exhibit A-1 Drawing and A-2 Legal Description, attached hereto ("the .6-R aN Permanent Sanitary Sewer Easement"). The Permanent Sanitary Sewer Easement is granted for the purposes of surveying, construction, installation, maintenance, repair, and replacement of the existing sanitary sewer line and associated utilities and improvements ^s_m located within the Permanent Sanitary Sewer Easement. The City is granted the right to aa enter upon the Permanent Sanitary Sewer Easement for all of the indicated purposes. 9R,R Areas disturbed as a result of any work performed by or at the direction of the City shall r7" be restored to pre-work condition at the City's expense. The Owner shall not take or g permit any action or construct any improvements on the Permanent Sanitary Sewer Easement that will interfere in any manner with the City's use of the Easement for its r intended purposes. 2. AGREEMENT FOR FUTURE CONVEYANCE OF RIGHTS-OF-WAY Owner hereby agrees to grant and convey to the City, at no cost to the City other than the consideration set forth in this Agreement and Deed, rights-of-ways sixty (60) feet in width for portions of 37th Street and for the extension of 47th Avenue South of 37th Street, designated as "Future Rights-of-Way" on Exhibit B-1 Drawing and B-2 Legal Description for 37th Street and Exhibit C-1 Drawing and C-2 Legal Description for 47th Avenue. Such conveyance shall be subject to the following teens and provisions a. Such rights-of-way shall be conveyed to the City upon the occurrence of the earliest of the following future events: (1)At such time as the property located on the North side of 37th Street adjacent to the Property submits an application for plat approval or other development approval to the City; (2) at such time as the property located on the East side of the Property submits an application for plat approval or other development approval to the City; (3) at such time as the City requests the dedication of the rights-of-way as a result of the funding of a capital improvement program or project for the improvement and/or widening of either 37th Street or 57th Avenue adjacent to the Property; or (4) January 1, 2023. The Owner shall convey the rights-of-way within 30 days of the occurrence of the earliest of the foregoing events. b. Such conveyance shall authorize and permit the City or its designee or permittee to use such rights-of-way for surveying, constructing, installing, maintaining, repairing, and replacing roadways, curbs, gutters, walkways, water lines, sanitary sewer lines, storm sewer lines,electric lines,and other utilities authorized by the City. c. Such conveyance by Owner to the City shall be accomplished by dedication, deed or other conveyance document in a form acceptable to the City attorney at the time of auch annveyance. et Page 2 of 12 4052429 Pages: 3 of 12 I0/08/2014 01:24 PM R Fee:$66.00 Stave Moreno, Clerk and Recorder, Weld County. CO VIII PriALWASPridihrlar:LciiithiNIIA hlh,liY i 3. PROVISION OF SANITARY SEWER TAPS In partial consideration for the conveyance of the sanitary sewer line easement and the future conveyance of the rights-of-way, the City agrees to provide to the Owner at no cost to the Owner, four (4) sanitary sewer taps, currently valued at $5,873.75 per tap, subject to the following terms and provisions: a. Such taps are to be used only to provide sanitary sewer service to parcels or lots within the boundaries of the Property. b. Such taps are appurtenant to the Property and may be conveyed with the Property or portions thereof, as designated by the Owner. c. The Owner shall comply with all other provisions of the City Code regarding development of the Property and use of the taps, other than payment for the taps. 4. PAYMENT OF REIMBURSEMENT AGREEMENT OBLIGATION ASSOCIATED WITH THE PROPERTY The parties acknowledge and agree that the Owner of the Property is obligated to reimburse the Developer of the sanitary sewer line for a portion of the costs of constructing and installing the line pursuant to the provisions of the Reimbursement Agreement and that the rate applicable to the Property for such reimbursement is the rate for Basin/Sub-basin 2C as set forth in Section III.E.2., of the Reimbursement Agreement. in partial consideration for the conveyance of the sanitary sewer line easement and the future conveyance of the rights-of-way, the City agrees to pay the reimbursement costs associated with the Property that are due to the Developer under the Reimbursement Agreement and that the amount of such costs are $6,435.57. Such payment will be made by the City to the Developer on or before December 31, 2014. 5. MISCELLANEOUS PROVISIONS a. Mutual cooperation. The parties mutually agree to fully cooperate with each other and execute all documents reasonably necessary to effectuate the parties' intent and fulfill the purposes of this Agreement and Deed. b. Severability: If any provisions or parts of this Agreement and Deed are judged to be unenforceable or invalid, to the extent practicable, such judgment shall not affect, impair, or invalidate the remaining parts of this Agreement and Deed, the intention being that the various parts and provisions hereof are severable. c. Recording of Agreement: This Agreement and Deed shall be recorded with Weld County and shall be a covenant running with and against the Property. The City shall pay the costs for recording. Page 3 of 12 d. Binding Effect: This Agreement shall be binding upon the City and the Owner,their heirs, successors,assigns,transferees, and any other person or entity acquiring or purchasing any interest in any portion of the Property. e. Transfer or Assignment: In the event of a sale or transfer of any portion of the Property, the seller or transferor and the purchaser or transferee shall be jointly and severally liable for the performance of each of the obligations contained in this Agreement and Deed unless, prior to the transfer or the sale, a written agreement satisfactory to the City delineating and allocating the various rights and obligations provided for under this Agreement and Deed has been approved and executed by the City Council. 1. Title and Authority: Owner expressly warrants and represents to the City that it is the record owner of the Property in fee simple absolute, free and clear of all encumbrances and liens, and that it will defend and indemnify the City against any claims against the Property or claims asserting an interest in the Property. The Owner further represents and warrants that the Owner has full power and authority to enter into this Agreement and Deal Owner understands that the City is relying on the representations and warranties contained herein, in approving and in entering into this Agreement and Deed. IN WITNESS WHEREOF, and agreeing to be fully bound by the terms of this Agreement and Deed,the parties have set their hands below on the dates indicated. [signatures on next page] 4052429 Pages: 4 of 12 Stevea/2014 Moreno 01;24 erk end R0ecorrder,Meee County. CO NM 1I rNtiFrilklllfitgrilik11 AUslialvi X101 Page 4 of 12 G OWNER: Lake Arrowhead, Inc. Elmer LC it President Date STATE OF COLORADO COUNTY OF -jet. I CL _ss. SUBSCRIBED AND SWORN to before me this J day of' C>ct 2014,by $ Irr.sr t —r—:' c"-'} WITNESS my hand and official seal. My commission expires: �1 l ,� o ZNARY PUBP r K Notary Public STATE OF COLORADO (SEAL) NOTARY ID 19944002162 RPf co*NSSI t EXPfRE$FEBRUARY B,2018 CITY OF EVANS, COLORADO A Municipal Corporation Morris, M4'or.: ':r2 Date ATTEST: Stitt• c egan Robb,City Clerk Date 4052429 Pages: 5 of 12 10/08/2014o 01:24 PN R Ft.;365 h'r411YP!`��f�'tl tor r�Lzh'I�Ii�A�lhkti{�dhlW� 11111 Page Sof12 MI'--a om EXHIBIT A—LAND SURVEY PLAT �'oNN ^imp a Tn.., 1•NO3 xraYI moo-29 ■ • Np d NIP a0 y 0 Cos �•01 hi II m-oa; tad p r , ` lie ,.. 4 , 1 a_Y■ g d 'v r .� b 4 lt•N. 4 r Mf - ! II it Xpr Ovi i . I c ii St iIi ! • i•.., : ._, S •i:r, .h L E 3, r; w': la iffiP 4Nr.. ( �„ K r ( Page 6 of 12 EXHIBIT A-1 —PERMANENT SANITARY SEWER EASEMENT Drawing •N-a grtit �;m t °: �0 u 2 3':d 6 � W.7pr. M a ciao pp i .. ' gad 3§ _ rr i ; 1I i • 4 hyit" P` 1 • stsSt a�I in KR c t 11 S Wil 9a rr tit • ii alit g rr t ,l i i i )IZ-11 r. Y t nb11 1 r rd a pS Z:i It‘iv Ci 0 iii 8( ,i,, i* to 9 i ' c a #J ` f he he 1 i 4 : 1 r !' ' ll[li F I i PL. n r I x Page 7 of 12 EXHIBIT A-2-PERMANENT SANITARY SEWER EASEMENT Legal Description A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6'PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTUCULARLY DESCRIBED AS FOLLOWS: A PERMANENT UTILITY EASEMENT BEING A STRIP OF LAND TEN FEET EITHER SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 TO BEAR SOUTH 00°00'00" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 00°00'00"EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 A DISTANCE OF 404.06 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°18'20"WEST A DISTANCE OF 379.89 FEET; THENCE NORTH 68°09'12"WEST A DISTANCE OF 280.52 FEET; THENCE NORTH 87°31'12"WEST A DISTANCE OF 127.25 FEET; THENCE NORTH 52°21'04"WEST A DISTANCE OF 380.02 FEET; THENCE NORTH 79°44'07" WEST A DISTANCE OF 352.82 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27, SAID POINT ALSO BEING THE POINT OF TERMINATION THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 30,410 SQUARE FEET, 0.6981 ACRES,MORE OR LESS. 4052429 08/ of 12 Pages: 8 12 10 20]♦ 0t: a PM R F l0 Slave Morena, Clerk end Retarder, Neld COn IY• CO IIIIIP��JlI1TM�IFIN��d;I�CFi�t'MI:1!I+K`k'l+�I�Y�W+� 11111 Page 8 of 12 m&% EXHIBIT B-! —FUTURE RIGHTS OF WAY for q 37TH STREET/WCR 54 \) Drawing §a � 22 tai 79@ ram', e | /- ! k a%X a ea b ` 1111 La:, - _ ?® On ; | xi' §% y , \!» |k Uz E # § § 19h : 1 z I— 2 Fa §i iwt i---- 8I §Ii / Ot § ! ; ' 4 ' I! § ■I ri } 4 � tz� ;at R \-€4;{-.... | g Page 9 of 12 •a t. pN EXHIBIT B-2—FUTURE RIGHTS OF WAY for n(9 37Th STREET/WCR 54 ;. Legal Description t2m N13 }r ABM • VLp �ff h w ow. ,--__.g met m A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION ,-ate-: °. 27, TOWNSHIPS NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, FEI.. WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS - �N FOLLOWS: a A RESERVATION OF PUBLIC RIGHT OF WAY BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 TO BEAR SOUTH 00°00'00" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 00°00'00"EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°00'00" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 A DISTANCE OF 30.00 FEET; THENCE NORTH 89°46'49"WEST A DISTANCE OF 1,474.26 FEET; THENCE NORTH 00°00'37"WEST A DISTANCE OF 11.20 FEET; THENCE NORTH 75`50'00" WEST A DISTANCE OF 77.99 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 54 (3f"STREET); THENCE SOUTH 89°46'49" EAST ALONG THE EXISTING SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 54 (37Th STREET) A DISTANCE OF 1,550.16 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 44,943 SQUARE FEET, 1.0317 ACRES,MORE OR LESS. Y \1 t r Page 10 of 12 EXHIBIT C-I —FUTURE RIGHTS OF WAY for 47TH AVENUE Drawing Mira; MimmN 110JJii. 110 7: it-n. =FAyO C ~a3 !~ila I li - u ' I' ��yyy $y i I wt.N P II 33 in �eAug of S Y$\j� \ f_O I• L n i W'',194:_:.F::✓t re I. O •Frz %i6r $ r" a4 Itl •Ili a 8e. ss4 g: li [ NF s' � s Y r t 4 wygolirdog ,_1 l l 2 I il�� ch N�- 7 Page 11 of 12 EXHIBIT C-2—FUTURE RIGHTS OF WAY for 47TH AVENUE Legal Description A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A RESERVATION OF PUBLIC RIGHT OF WAY BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 27, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 TO BEAR SOUTH 00°00'00" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 00°00'00"EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 54(37Th STREET), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°00'00" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27 A DISTANCE OF 379.18 FEET; THENCE SOUTH 72°51'00"WEST A DISTANCE OF 62.79 FEET; THENCE NORTH 00°00'00" WEST A DISTANCE OF 397.93 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 54(37Th STREET); THENCE SOUTH 89°46'49"EAST ALONG THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 54 (37TH STREET)A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 23,312 SQUARE FEET, 0.5352 ACRES,MORE OR LESS. 4052429 Pages: 12 of 12 •G'v Steve Morren°,10/08/24,14 IDClerk Imd Rec°rde r6Neted County, CO G,v VIIIifitr t% rbla(PdVi '�Lr1aJh'tI1�K�w59�1��wkii II Ii Page 12 of 12 Hello