HomeMy WebLinkAboutHUNTINGTON HILLS PUD FIFTH - Filed ED-EASEMENT DEDICATION - 2002-11-07cmoFFOarc,
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!o'o GRANT OF DRAINAGE EASEMENT
o U3 TO HUNTINGTON HILLS, ET AL.
BY D.O.L.L. DEVELOPMENT COMPANY
THIS GRANT OF DRAINAGE EASEMENT is executed this ZC rj
day of 1992, by and between D.O.L.L. DEVELOPMENT
COMPANY, a Colorado Partnership ("Grantor") and HUNTINGTON
W , HILLS CORPORATION ("the Corporation"), THE CITY OF FORT
W COLLINS, a Municipal Corporation ("The City"), and 327006
k w ALBERTA, LTD., a Canadian Corporation ("Alberta"). The
o Corporation, Alberta and the City shall be hereinafter
0
collectively referred to as the "Grantees".
ra
W WITNESSETH:
U) H
O F RECITALS:
< U)
a
WHEREAS, the Grantor is the owner of certain real
o property more particularly described in Exhibit 1 attached
hereto and incorporated herein by reference ("the Property");
o PH
z WHEREAS, Grantor has previously conveyed to Fossil
Creek Development Group (predecessor in interest to the
U Corporation) and to the general public, a grant of easement
.,-iw� dated May 21, 1981, which grant is to be recorded concurrently
with the recording of this Agreement ("the Present Drainage
a Easement"), for the purposes of the construction and
rn FC maintenance of a drainage facility (a copy of said Present
Drainage Easement grant is attached hereto as Exhibit 2); and
iw WHEREAS, the parties now wish to modify and enlarge the
o area of said easement.
rn w NOW, THEREFORE, for good and valuable consideration,
a the adequacy and receipt of which is hereby acknowledged, the
parties agree as follows:
�w
O V
w 1. Grantor, for good and valuable consideration,
m hereby grants to Grantees in perpetuity, a non-exclusive
w drainage easement (hereinafter referred to as "the Additional
EE,0 Drainage Easement") to allow the flow of drainage waters upon,
a a over, under and across an area generally described within the
a X area shown on Exhibit 3 attached hereto. (a) The exact location
and metes and bounds description of the Additional Drainage
Easement shall be determined at a subsequent date by mutual
agreement of the parties or if the parties cannot agree as to
the location and precise area of such Additional Drainage
Easement, then the location of such drainage easement will be
determined by the City of Fort Collins Storm Water Drainage
Department, which determination shall be conclusive upon the
parties. The exact location of such drainage easement shall be
evidenced by a supplemental instrument which shall be executed
by the Grantor and recorded with the Clerk and Recorder of
Larimer County, and the cost of the metes and bounds
description, set forth in the supplemental instrument, shall
be borne by the Corporation. The cost of the metes and bounds
description describing the Drainage Easement filed for record
shall be borne by Corporation.
— _ LEGAL DESCRIPTION (CONY.)
298.33 feet;
thence North 18 degrees 52 minutes 04 seconds West,
thence North 10 degrees 23 minutes 28 seconds West, 295.53 feet;
thence South 89 degrees 06 minutes 33 seconds East, 1152.81 feet more or
Quarterocorner ofthe rsaidlSectionat hl2Nand4of said the TRUE POINT o0F1BEGINNING.
2 to the North
County of Larimer, State of Colorado the East
EXCEPT a County Road right
used;
EXCEPT the land described in Book 2153 at Page
EXCEPT the land described in Book 2249 at Page
EXCEPT all of HUNTINGTON MEWS FIRST PHASE, now
P.U.D. FILING I,
30 feet thereof as now is
863;
2006;
known as HUNTINGTON HILLS
and
EXCEPT all of HUNTINGTON HILLS, FILING TWO
being a portion of the ESTATES AT HUNTINGTON HILLS, FILING ONE, A P.U.D.
PARCEL II:
TRACT B,
HUNTINGTON MEWS FIRST PHASE
now known as
HUNTINGTON HILLS
County of Larimer
and
LOTS 134 through
and
T A
P.U.D. FILING I
. State of Colorado
161 and LOTS 165 through 215,
TRAC ,
HUNTINGTON HILLS FILING TWO
being a portion of the
ESTATES AT HUNTINGTON HILLS FILING ONE, A P.U.D.,
County of Larimer, State of Colorado ILING TWO contained within the
EXCEPT any portion of HUNTINGTON HILLS F
streets or easements of HUNTINGTON HILLS P.U.D. FILING I.
Page s
a
The supplemental instrument shall reference its
relationship to this grant of drainage easement set forth
herein. In the event that Grantor should refuse to execute such
supplemental instrument, for any reason, the Grantor hereby
appoints the City as its attorney in fact, to draft, execute
and file such instrument on Grantor's behalf. The foregoing
power of attorney shall be deemed coupled with an interest and
shall be irrevocable and shall survive the subsequent
dissolution of the Grantor, and shall extend to and be binding
upon the successor and assigns of the Grantor.
The Additional Drainage Easement shall be sufficient,
both in width and alignment, to provide the sufficient drainage
area for drainage waters, based on a 100 year storm release
rate for: (a) the historic flow of drainage prior to any
development in the drainage area plus (b) the existing
Additional Drainage flow resulting from the development of land
upstream from the Grantor's property described on Exhibit 1,
plus the additional future flow arising from the development of
Huntington Hills P.U.D, the legal description of which is
described as Exhibit 4.
Grantor further agrees with respect to the Present
Drainage Easement, that it will not make, suffer or allow
interruption of flow of drainage waters to the present drainage
culvert provided nothing herein contained in this paragraph
shall be constructed to prevent the enlargement or relocation of
the drainage culvert or the enlargement or relocation of any
subsequent drainage system improvements made by Grantor,
provided there is no interruption of drainage discharge upon the
Property. Grantor further agrees that it will not make, suffer
or allow interruption of flow of drainage waters upon, over,
under and across the Drainage Easement created by this
instrument.
2. Binding Effect. This Grant of Drainage Easement
shall be binding upon and inure to the benefits of any
successors, representatives or assigns of the respective
parties. Grantor and it's heirs, representatives or assigns
agree not to make, suffer or allow any of the Property burdened
by the easement described in this Agreement to be used in a
manner inconsistent with the grant of easement herein.
3. Miscellaneous. This Agreement contains the entire
understanding among the parties, and may not be amended nor may
rights be waived except in writing signed by all of the parties
sought to be charged with such amendment or waiver and shall be
construed in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have executed this
Grant of Drainage Easement the day and year first written above.
►A
T�
D.O.L/A. /DEVELOPA8NT COMPANY
0
GRANTEE:
HUNTINGTON HILLS CORPORATION, a
Colorado corporation
By
Its President
CITY OF FORT COLLINS, a Municipal
Corpo r9tion
By: C,
City Manager
327006 ALBERTA, LTD., a Canadian
Corporation
By:
A.L. Barrett, President
STATE OF COLORADO )
)SS.
COUNTY OF LARIMER )
htz��
Neil/Lotder, General Partner '
ATTEST:
0
Secretary
ATTEST:
City
; Q !' fit"M;
beputy (11+y Attorney
The foregoing was acknowledged on this day of
1992, by Lawrence Odau,-,a..-. General Partner of
O.L.L. Development.
Not ry Publicc�
y commission expires:
l7q �•.
3 '
v�
STATE OF COLORADO )
) SS.
CITY AND COUNTY OF DENVER )
The foregoing was acknowledged on this JO day of
r�ou'EFrfF, 1992, by Marcus Palkowitsh, President of Huntington
Hills Corporation and by Neil Loader, General Partner of
D.O.L.L. Development Company.
Notary Pub is
My commission expires:
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
The foregoing was acknowledged on this /—'v21t?1day of
r}•> 1994, by Steve Burkett, City Manager and
-, L , City Clerk of the City of Fort Collins, a
Municipalorporation.
Notary Public
My commission expi es: 0�'-16--C,")
PROVINCE OF ALBERTA )
) SS.
CITY OF EDMONTON )
The foregoing was acknowledged on this day of
1994r by Qri�r;(XnXIYvX>(XY?�:Xx"�l� of 327006
ALBERTA, LTD A.L. Barrett, President
Z
N ry PubUc
My commi8sF expires: ifW,c� no cvPJ�c
a y .n.p
S�/lifc.-
4
I
LEGAL DESCRIPTION - D.O.L.L. DEVELOPMENT PROPERTY
A Tract of land situate in the Southwest 1/4 of Section
12, Township 6 North, Range 69 West of the Sixth P.M., County
of Larimer, State of Colorado, which, considering the North
line of said Southwest 1/4 as bearing 5890541E and with all
bearings contained herein relative thereto, is contained within
the boundary lines which begin at the Center 1/4 corner of said
Section 12 and run thence S0001213011W 892.18 feet along the East
line of said Southwest 1/4; thence West 368.48 feet; thence
S0001213011W 316.12 feet; thence West 208.71 feet; thence N000
1213011E 316.12 feet; thence along the arc of a 206.96 foot
radius curve to the left a distance of 165.30 feet, the long
chord of which bears 5670 0711011W 160.94 feet; thence 5440
1412011W 76.87 feet; thence South 407.17 feet; thence East
200.00 feet; thence 5000 1213011W 417.42 feet; thence West
360.00 feet; thence N0001213011E 1.29 feet; thence West 837.92
feet; thence N00 12130E 166.18 feet; thence along the arc of a
40.19 foot radius curve to the right a distance of 63.05 feet;
the long chord of which bears N45 09'15"E 56.78 feet; thence
N00 061E 60.00 feet; thence N25036150"W 236.15 feet; thence
N89 541W 360.00 feet; thence N00028130"W 270.00 feet; thence S
890541E 617.40 feet; thence N00028130"W 671.98 feet; thence
5890541E 489.00 feet; thence N00028'30"W 375.26 feet; thence
N890541W 80.00 feet; thence N00028130"W 40.00 feet; thence S89
541E 1187.75 feet to the point of beginning, containing 55.0000
acres, more or less.
SEP-24-92 THU 16:02
TY of FT COLLINS 281 FAX NO, '032216378
P. 07
tY
U
DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS that %�. G• L,L . %ace �:
the owner of the real property described in Exh b t attached hereto does
hereby grant to Fossil Creek Meadows Development Croup, its successors, assigns
and the general public, a drainage easement on either side of the center
line of pipe described in perpetuity, for th�allation, operation and
maintenance of water drainage pipe or culvert or any replacement therefor.
IN WITNESS WHEREOF the grantors have executed this instrument asp f
this �_ day of zj,ad 1981.
STATE.OF COLORADO )
$a.
COUNTY OF LARIMER }
The foreggoing instrument was acknowledged before me this 27th day
of May , 1981. by Lawrence A. Odau
Witness my hand and official seal.
My Commission expires: fi,nn Ir.
1QR'A /
Kotar-
y-publ is
IN WITNESS WHEREOF the holders of a Deed of Trust have executed this
Instrument as of this day of , 1981.
STATE OF COLORADO
is.
COUNTY OF LARIMER
The foreggoing instrument was acknowledged before me this day
of , 1981, by
hand and official seal.
on expires..
Notary Public
EXHIBIT 2
L
sr
CCT-15-92 THU 11:54 "ITY of FT COLLINS 281 FAX NO, 3032216378 P.02
i
The following real property situate in the Southwest 1/4 of Section
12, Township 6 North, Range 69 West of the 6th Principal Meridian.
From the West 1/4 Corner of Section 12, Township 6 North, Range 69 Vest of
the 6th Principal Meridian, proceed along the East�West center of section
line of said Section 12 on a bearing of S 89'54' E a distance of 1979.0
_ feet to a point of beginning.
The casement shall be 10 feet either side of a line described to -wit:
From the point of beginning proceed S 60`29' E a distance of 150 feet.
This easement contains 1500 square feet.
Certification:
I, Mack N. Adams, do hereby certify that this description accurately
describes an area of Village Crove
easement for a culvert under Skyway
21 . OF
EXHrRIT A
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_.L. CEP"r r,•
E EA ____ EXHIB _ F`
HAHN
¢y,�f'� ��•:,, _ „�i,,A1'o-�, FORT COLLINS o
)� TIO
L I N S
of \�\777
. �.
f I �
CENTER LINE
F DRAINAGEWAY ACCROSS`I--
D.O.L.L. PROPERTY \\ 1138i
� �\' J �� ' Per � r I \ i ' ✓ l 14 \ - C
\ rat _ .� �' .�(\ ` �� `I•P ` � i/���\�� �
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LEGAL DESCRIPTION
OF
HUNTINGTON HILLS P X.D.
PARCEL I:..
A tract of land situated in Section 12, Township 6 North, Range 69 West
of the 6th P.M., and Section
17,ly descrPbedNort, Ranse 68 West of the
6th P.M., being more p
Considering the North line of the NW1/4 of said Section 12 as bearing
South 89 degrees 06 minutes 33 seconds East and with all bearings
contained herein relative thereto:
BEGINNING at the North Quarter Corner of said Section feet
l�12, proceed the
Nor!
Sutlinehof9thegNEl/40ofmsaideSectionsecondsNortheast Corner ofsaidsectio
12;
minutes 19 seconds West, 1360.70 feet along
thence South 00 degrees 02
the East line of the NE1/4 of said Section 12; South 89
thence leaving said East line of the NEl/4 of said Section 12,
degrees 57 minutes 41 seconds East, 30.00 feet;
thence South 26 degrees 22 minutes 41 seconds East, 570.20 feet;
thence South 09 degrees 35 minutes 47 seconds West, 216.64 feet;
thence South 23 degrees 08 minutes 19 seconds West, 554.90 feet;
thence North 89 degrees 57 minutes 41 seconds West, 30.00 feet to the
existing East Quarter Corner of said Section 12;
thence South 00 degrees 03 minutes 37 seconds West, 568.00 feet;
thence North 89 degrees 56 minutes 23 seconds West, 530.00 feet;
thence South 00 degrees 03 minutes 37 seconds West, 258.21 feet;
85.56 feet;
thence North 87 degrees 29 minutes 45 seconds West,
thence North 87 degrees 29 minutes 30 seconds West, 715.82 feet;
thence North 87 degrees 47 minutes 30 seconds West, 750.07 feet;
thence North 60 degrees 08 minutes 29 seconds West, 509.70 feet;
thence North 00 degrees 15 minutes 13 seconds East, 343.38 feet more o
less to the Center Quarter Corner of said Section 12;
thence North 89 degrees 40 minutes 22 seconds West, on 12 7 feet more
less along the South line of the NW1/4Sof said Sectnd ioa Subdivisionto the xont
Southeast Corner of the Kelmar Strip,thence a]
uni
file in the office of the Larimer COSecondlFiling, Northerk andd00�degrees 24
the East line of said Kelmar Strip,
minutes 32 seconds West, 1332.30 feet to the existing Northeast Cornet
said Kelmar Strip, Second Filing;
thence South 88 degrees 57 minutes 2'2 seconds East, 1634.53 feet;
thence North 00 degrees 29 minutes 24 seconds East, 344.09 feet;
99
thence North 64 degrees 37 minutes 06 seconds West, .28 feet;
53.
thence North 31 degrees 12 minutes 14 seconds West, 353feet;