HomeMy WebLinkAboutARAPAHOE FARM TOWNHOMES PUD - Filed ED-EASEMENT DEDICATION - 2002-11-12RCPTN # 9b007621 02/08/9b 10:31:00 # PAGES - 4 FEE - $20.00
M RUDENBERGER REC'ORDFR, LARIMER COUNTY CO STATE DOC FEE - $.00
EASEMENT DEDICATION
KNOW ALL BY THESE PRESENTS: That Oak Farm, Inc., a Colorado
Corporation ("Grantor"), being the owner of the following described land,
A portion of the Southwest quarter of Section 34, Township 7 North,
Range 69 West of the 6th P.M., Larimer County Colorado
does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado ("City"),
for public use a nonexclusive temporary easement ("Easement") for Storm Drainage,
Slope and Utility Easement in the City of Fort Collins, County of Larimer, State of
Colorado more particularly described on Exhibit A attached hereto.
The Easement may be used only for the aforesaid purpose. All construction and
other work within the Easement shall be in accordance with and subject to any
applicable P.U.D., laws, ordinances, regulation, guidelines and requirements of the City
Conditions and Restrictions and Grant of Easements, as any of the foregoing may be
amended from time to time and whether or not of record as of the date of this
Easement. Any person or entity performing construction and other work within the
Easement shall, upon completion of construction and at its sole cost and expense,
restore the surface of the ground to its condition immediately prior to the initiation of
constructions, except as necessarily modified to accommodate improvements installed
within the Easement, which restoration shall be completed within 30 days after the date
of completion of such improvements. Any such person or entity shall properly repair
any and all damage caused by or arising from its performance of construction or other
work within the Easement and shall indemnify and hold the Grantor, its directors,
officers, employees, invitees, agents, successors and assigns harmless from any and
all expenses, including reasonable attorney's fees, losses, claim or damages,
specifically including damages to the property of Grantor or its successors and
licensees, arising from the performance of construction or other work within the
Easement by such person or entity, its employees, agents, contractors, subcontractors
and others under its direction or control. It is understood that the City is not a "person
or entity" which will be engaging in the performance of construction or other work within
the Easement and, accordingly, shall have not duty to restore the surface, repair
damages or indemnify, as hereinbefore required of "persons or entities."
Grantor, its successors and assigns shall have the right, at their .expense, to
relocate the Easement and any improvements therein, if necessary in their discretion
for development or sale of properties owned by then in the vicinity of the Easement.
The Easement shall automatically terminate on the platting of the property
including the Easement or the movement of the Easement pursuant to the preceding
paragraph.
ea/
RSM\WILDEAS2.D0C
9-
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 I th day of � , 1994.
OAK FARM, INC.,
a Colorado Corporation
ATTEST:
11
Roberta S. Martin, Secretary Michael S. Byrne, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this Zth day of
„� c, 1994 by Michael S. Byrne and Roberta S. Martin, as President and Secretary,
respectively, of Oak Farm, Inc., a Colorado Corporation.
WITNESS my hand and official seal.
My commission expires:_, , 0 1`6?
(SEAL)
tary Public
ATTORNEY'S CERTIFICATE
This is to certify and on the /Ah day of Je.nk - , 1995" 1 examined the title
to the property as described hereon and established a tth tt he owners and proprietors of
record of the said property as construed in C.R.S. 1973, 31-23-111, are shown herein
as of said date.
Michael A. Maxwell
Hasler, Fonfara & Maxwell
125 South Howes, 6th Floor
Ft. Collins, CO 80521
Registration No. 8755
RSM\WILDEAS2.D0C
INC.
Engineering Consultants EXHIBIT "A-1"
209 S. Meldrum
Fort Collins, Colorado 80521
303/482-5922
FAX: 303/482-6368
DESCRIPTION FOR ACCESS, UTILITY & GRADING EASEMENT
An easement located in the Southwest Quarter of Section 34,
Township 7 North, Range 69 West of the 6th Principal Meridian, City
of Fort Collins, Larimer County, Colorado, being more particularly
described as follows:
Considering the South line of the Southwest Quarter of said Section
34 as bearing South 89053142" West and with all bearings contained
herein relative thereto:
Commencing at the South Quarter corner of said Section 34; thence
along the South line of said Southwest Quarter, South 89053142"
West, 644.65 feet; thence, North 00006/1811 West, 30.00 feet to the
North line of the Harmony Road, said point being the POINT OF
BEGINNING; thence along said North line, South 89053/4211 West,
300.00 feet; thence, North 17000/0011 East, 90.00 feet; thence,
North 22000/0011 West, 129.76 feet to a point on the Southeasterly
line of Harmony Road and on a curve concave to the Northeast having
a central angle of 1902315011, a radius of 1135.00 feet and the
chord of which bears, South 57026109" East, 382.42 feet; thence
along said Southeasterly line and the arc of said curve 384.25 feet
to the Point of Beginning.
The above described easement contains 0.531 acres and is subject to
all easements and rights -of -way now on record or existing.
10/21/94
607-001
Denver 303/458-5526
Engineering Consultants
EXHIBIT "A-2"
CLIENT
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90 UTILITY AND
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EXISTING HARMONY -ROAD --
VICINITY MAP
MAP 2
OAK FARM EASEMENT
ACCESS, UTILITY & GRADING
01/17/95