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HomeMy WebLinkAboutHORSETOOTH COMMONS PUD - Filed ED-EASEMENT DEDICATION - 2009-03-12600 AGREEMENT FOR DEDICATION OF EASEMENT The Dedication of Easement (exhibit "A") is granted to the City of Fort Collins at the request of Karg Investment Company, A Colorado General Partnership by Progressive Living Structures, Inc., A Colorado Corporation. Karg Investment Company agrees to the following: 1. Change storm sewer inlet detail to curb inlet. 2. Allow Progressive Living Structures, Inc. to review and approve inlet detail change. 3. Coordinate with Progressive Living Structures, Inc. manhole elevations, to be constructed. 4. Extend an eight inch sewer line five feet west of easement from manhole to be constructed at minimum grade. 5. Indemnify Progressive Living Structures, Inc. from any and all liens that may result in the construction of storm drainage and sanitary sewer facilities to be constructed within easement. Approved and accepted this 20th day of February 1987. Karg Investment Company, A Colorado Progressive Living Structures, Inc. General Part,pership A Colorado Corporation '/l "7 �r L'-'J ebbie Tamlin '" Y� JocelyK R. Carney, Secretar Treasurer %Affiliated Brokers v 2601 South Lemay Fort Collins, Co. 80525 State of Colorado County of Larimer The foregoing instrument was acknowledged before me this 20th day of February, 1987 by Debbie Tamlin and Jocelyn R. Carney as secretary/treasurere of Progressive Living Structures, Inc., A Colorado Corporation. Witness my hand and official seal. My commission expires: July 8, 1989 notary public 743 Scotch Elm Loveland, Co. 80538 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned Harl P. Clark and Audria E. Clark, being the owners of the following described land, to -wit: A tract of land located in the Southeast quarter of Section 27, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, as recorded in Book 1386, Page 594, Reception No. 948387; do hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, for public use forever a permanent 20 foot wide easement for drainage in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: A tract of land located in the Southeast quarter of Section 27, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particul4rly described as follows: Commencing at the Southeast quarter of said Section 27 and considering the east line of the Southeast to bear North 000 00' 00" East with all bearing contained herein relative thereto; thence along said East line North 000, 00' 00" East, 663.25 feet; thence North 89° 44' 16" West, 50.00 feet to the True Point of Beginning; thence North 00' 00' 00" East, 257.86 feet; thence North 89° 44' 16" West, 20.00 feet; thence South 00° 00' 00" East, 257.86 feet; thence South 890 44' 16" East, 20.00 feet to the True Point of .Beginning. Said tract of land contains 5,157 square feet more or less and is subject to any easements of record or that may now exist on said tract. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our ds and seals :t'his .G�wri�`' day; .o-f A.D. , 1987. Signature 'liarl P. lark Audria E. Clark State of Colorado ) ss County of Larimer ) The foregoing instrument was acknowledged before me this19 day of �� �.h/�C /4�� A.D., 1987 by Har Clark and Audria E. Clark. Not P lic My notarial commission expires: My March Jqon Exn+,•e., loan My business address is: /��j y ., (J<,, ; �, In n AGREEMENT FOR EASEMENT DEDICATION 1.) The undersigned, Harl P. Clark and Audria E. Clark, owners, having hereby received a down payment of Five Hundred Dollars ($500.00) as consideration and partial payment in this agreement by and between Karg Venture, A Partnership, the undersigned hereby agree to complete the following conditions of this agreement. 2.) In consideration of the following conditions, Harl P. Clark and Audria E. Clark agree to execute and deliver to Karg, the attached easement agreement. 3.) Karg shall pay to Clarks, Two Thousand Five Hundred Seventy Eight Dollars and 50/100 Dollars ($2,578.50), for the said easement right. This amount is based on fifty cents per square foot of easement which is 5,157 square feet. 4.) Karg shall pay to Clarks, One Thousand Dollars ($1,000.00) for the replacement of a concrete drive (valued at $200.00) and for one-half of the cost of a sewer tap (valued at $800.00). 5.) Karg shall pay to Clarks, Five Hundred Dollars ($500.00) for an internal revenue service lien that was inadvertently placed on the Clark property. 6.) A total of $4,078.50 is due to Clarks less the $500.00 hereby received on this agreement. The balance of $3,578.50 shall be paid by Kargs to Clark within Ninety (90) days of the date that the City of Fort Collins approves the storm drainage system and the development known as Horsetooth Commons. If the City shall turn down Kargs development in whole or part, then this agreement is null and void and all monies received by Clarks shall be returned to Kargs. Upon receipt of the $3,578.50, Clarks shall simultaneously deliver to Kargs an executed easement dedication. 7.) Time is the essence hereof. Signed this 23rd day of February, 1987. T lffarl P.-Mark Audria E. 'Cl ark Karg Ven ure, A rtnership By: 6 EASF.MNT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned Harl P. Clark and Audria E. Clark, being the owners of the following described land, to -wit: A tract of land located in the Southeast quarter of Section 27, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, as recorded in Book 1386, Page 594, Reception No. 948387; do hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, for public use forever a permanent 20 foot wide easement for drainage in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: A tract of land located in the Southeast quarter of Section 27, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Commencing at the Southeast quarter of said Section 27 and considering the east line of the Southeast to bear North 000 00' 00" East with all bearing contained herein relative thereto; thence along said East line North 00° 00' 00" East, 663.25 feet; thence North 89° 44' 16" West, 50.00 feet to the True Point of Beginning; thence North 00° 00' 00" East, 257.86 feet; thence North 89° 44' 16" West, 20.00 feet; thence South 000 00' 00" East', 257.86 feet; thence South 89° 44' 16" East, 20.00 feet to the True Point of Beginning. Said tract of land contains 5,157 square feet more or less and is subject to any easements of record or that may now exist on said tract. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this day of A.D. 1987. Signature Harl P. Clark Audria E. Clark State of Colorado ) ss County of Larimer ) The foregoing instrument was acknowledged before me this day of A.D., 1987 by Harl P. Clark and Audria E. Clark. Notary Public My notarial commission expires: My business address is: