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Home My WebLink AboutRIGDEN FARM EIGHTH THE SHOPS AT RIGDEN FARM - Filed ED-EASEMENT DEDICATION - 2005-08-09II'tII�I II�I�I II�II�I�II��I�I�IIIIII I�� LARIMER'YLECDUMTY` COk RCP21 10 T"k 2004-0102613 12 /46:0004 PAGES - 6 FEE $31.00 DOC $0.00 tt395524 DEED OF DEDICATION FOR EASEMENT STATE DOCUMENTARY FEE (Rigden Farm #12 - Drainage Easement) EXEMPT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RIGDEN FARM, LLC, a Colorado Limited Liability Company, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer and convey to the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, the mailing address of which is Post Office Box 580, Fort Collins, Colorado 80522-0580, for public use, forever, a non- exclusive, permanent drainage easement over, across and upon the real property legally described on Exhibit "A -I" and depicted upon Exhibit "A-2" attached hereto and incorporated herein by reference. The above described easement shall be used only for stormwater drainage purposes, which purposes shall include, but not be limited to, the installation and maintenance of pipes, strictures and stormwater conveyance systems and modification or alteration of the grade, slope or contour of the land within the easement to facilitate stormwatcr drainage. 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 1 _day of �A/1'(� 2004. Address: 1027 W. Horsetooth Road, RIGDEN FARM, LLC, a Colorado Limited Ste. 200 Liability Company Fort Collins, CO 80526 By: Sierra Resources Corporation, a Colorado Corporation, Manager By_ David J. ietenpol, President By: Wolverine Management Group, Inc., a Colorado 1Corporation, Manager Fred L. Croci, President (111'&',1 02/27/04) RESOLUTION NO. PZ04-19 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF A DRAINAGE EASEMENT ON UNPLATTED PROPERTY AT THE SOUTHEAST CORNER OF TIMBERLINE ROAD AND DRAKE ROAD WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication for a drainage easement located on the real property at the southeast corner of Timberline Road and Drake Road, which easement is more particularly described in the "Deed of Dedication for Easement' attached hereto; and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the "Deed of Dedication for Easement' conveying a drainage easement to the City on unplatted property at the southeast corner of Timberline Road and Drake Road, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 19ffi day of August A.D. 2004. / Chairman ATTEST: ��2��irvr cretary DEED OF DEDICATION FOR EASEMENT (Rigden Farm #12 - Drainage Easement) KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RIGDEN FARM, LLC, a Colorado Limited Liability Company, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer and convey to the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, the mailing address of which is Post Office Box 580, Fort Collins, Colorado 80522-0580, for public use, forever, a non- exclusive, permanent drainage casement over, across and upon the real property legally described on Exhibit "A-l" and depicted upon Exhibit "A-2" attached hereto and incorporated herein by reference. The above described easement shall be used only for stormwater drainage purposes, which purposes shall include, but not be limited to, the installation and maintenance of pipes, structures and stormwater conveyance systems and modification or alteration of the grade, slope or contour of the land within the easement to facilitate stormwater drainage. 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 NIOi(& , 2004. Address: 1027 W. Horsetooth Road, RIGDEN FARM, LLC, a Colorado Limited Ste. 200 Liability Company Fort Collins, CO 80526 By: Sierra Resources Corporation, a Colorado Corporation, Manager By David J. ietenpol, President By: Wolverine Management Group, Inc., a Colorado Corporation, Manager ByCJ�� Fred L. Croci, President (HF&M 02/27/04) STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this I � day of 2004, by David J. Pietenpol, as President of Sierra Resources Corporation, a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: STATE OF COLOR -ADO ) ) ss. COUNTY OF LARIMER ) KIM DEI 4V Commission Expires Sept. 29. 200F The foregoing instrument was acknowledged before me this 115k�- day of 2004, by Fred L. Croci, as President of Wolverine Management Group, Inc., a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. Y SPR•... O: po '' WITNESS my hand and official seal. KIM My commission expires: 1 -i DEI 29. 20' (HF&M 02/27/(M) 2 CONSENT AND APPROVAL BY LIENHOLDER The undersigned, being the owner of a Deed of Trust encumbering the above - described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this Z day of H' kk-H 12004. BANK OF 4;OLORADO STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was knowledged before me this day of 2004, by ly• l m c-,— as of BANK OF COLORADO. WITNESS my hand and official seal. My commission expires: (HF&M 02/27/04) 3 2o�PRY..!'.C!e�� KIM DEI My Commission Expires Sept. 20, 20r ACCEPTED by the City of Fort Collins, Colorado, on the _ day of _ 2004. CITY OF FORT COLLINS, COLORADO, a Municipal Corporation LM City Clerk ATTORNEY'S CERTIFICATION I hereby certify that the foregoing Deed of Dedication for Easement has been duly executed as required pursuant to Section 2.2.3(C)(3)(a) through (e), inclusive, of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon an examination of the records of the Clerk and Recorder of Larimer County, Colorado, as of the date of execution of the Deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land ijseSode. �Aa ,IOSEPH H. FOWRA, Attorney Address: Hasler, Fonfara and Maxwell LLP 125 S. Howes, 6`h Floor Fort Collins, CO 80521 Registration No. 6586 (HF&M 02/27/04) 4 EXHIBIT A-1 LEGAL DESCRIPTION 20.00 FOOT UTILITY EASEMENT A STRIP OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING TEN (10) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BASIS OF BEARING: THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 29, BEING MONUMENTED ON THE WEST BY A 2 1/2" ALUMINUM CAP MARKED "LS 14823" IN A RANGE BOX AND ON THE EAST END BY A 3" ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUM17D TO BEAR S89°26'35"E, WITH A DISTANCE OF 2641.75 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE S89026'35"E, ON THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER, A DISTANCE OF 1094.66 FEET; THENCE S000024I"E, A DISTANCE OF 30.00 FEET, TO THE SOUTH RIGHT-OF-WAY OF DRAKE ROAD AND THE POINT OF BEGINNING; THENCE S000024I"E, A DISTANCE OF 325.45 FEET; THENCE S89043'24"W, A DISTANCE OF 360.70 FEET TO THE EAST RIGHT OF WAY OF ILLINOIS DRIVE (TO BE PLATTED IN THE FUTURE) AND THE POINT OF TERMINUS. CONTAINING AN OVERALL AREA OF 0.315 ACRES (13,723 SQUARE FEET). THE SIDE LINES OF THE ABOVE DESCRIBED STRIPS SHALL BE SHORTENED OR LENGTHENED TO BEGIN ON THE SOUTH RIGHT-OF-WAY OF DRAKE ROAD, TO END ON THE EAST RIGHT OF WAY OF ILLINOIS DRIVE (TO BE PLATTED IN THE FUTURE) AND AS NECESSARY TO FORM A CONTINUOUS STRIP. I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN THE STATE O DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTAT REPREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BAST Y.'hLGRMATION, AND BELIEF, ARE CORRECT. 43 MICHAELDO fL SSIONAL ENGINEER AND LAND SURVEYOR COLORAS NO. 28262 FOR AND ON THE BEHALF OF JR ENGINEERING, LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETER�14INE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD, JR ENGINEERING AND THE SURVEYOR OF RECORD ASS-MMES CO RESPOPISIBTLITY FOR OWNERSHIP .RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS C'ONSG"LTATION WITH AN ATTORNEY. 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