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Home My WebLink AboutMARTINEZ PUD - Filed ED-EASEMENT DEDICATION - 2002-11-25F.CPTN # 98054068 06/29/98 13:50:00 # PAGES - 4 FEE - $21.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 [WONDERAE.WPD Rev. 6/16/98] PUBLIC ACCESS, UTILITY AND DRAINAGE EASEMENT THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "Grantor', for and in consideration of Ten Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto WONDERLAND HILL DEVELOPMENT COMPANY, hereinafter referred to as the "Grantee", whose address is 745 Poplar Avenue, Boulder, Colorado, 80304, its successors, assigns, lessees, licensees and agents a non-exclusive, perpetual easement for access, utility and storm drainage across all of the herein described real property more fully described on Exhibit "A" attached hereto and by this reference made a part hereof. The Grantee agrees to construct the access, utilities and storm drainage facilities as shown on the Final Utility Plans for Martinez P.U.D. dated April 1998 and incorporated herein by reference. The Grantor hereby reserves unto itself, for public use shared and concurrent with the use authorized and granted herein to the Grantee, the access, utility and storm drainage easement described in the above paragraph of this Deed of Easement, which public use may include all uses and activities authorized and granted to the Grantee hereby. Grantee shall be responsible for all damages caused to Grantor or Grantor's property arising from the Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold Grantor harmless from any claim, loss or damage, including reasonable attorney's fees, arising out of or in any way associated with Grantee's use of the easement. In addition, the Grantee shall not exercise any rights herein granted that shall interfere, hinder or in any way disrupt the Grantor's use of Grantor's property. The Grantor reserves the right to occupy and use said easement for all purposes not inconsistent with the rights herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the 26th day of June, 1998; and the Grantee has hereunto set their hand and seal the day and year first above written. Grantor reserves the right to occupy and use said easement for all purposes not inconsistent with the rights herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the 2-�Lhday ofJune , 1998; and the Grantee has hereunto set their hand and seal the day and year first above written. GRANTOR: CITY OF FORT COLLINS, COLORADO, a Municipal Corporation City Manager A EST "APPROVED AS TO FORM: Assistant City Attdrhey 2 ti J GRANTEE: WONDERLAND HILL DEVELOPMENT COMPANY By; Title: P .ATTEST: STATE OF COLORADO ) 5wLDER )ss COUNTY OF:.:E,z ) The foregoing instrument was acknowledged before me this 1t day of t 1997;sby$B 4Rich-rJso, as _Yse °+esi Htand A1avi/ym Mesas_ as Sc t� of Wonderland Hill Development Company. Witness my hand and official seal. My Commission expires:_ia-2__A&*0 Notre ary Public 3 EXHIBIT "A" Page 1 of 2 DESCRIPTION FOR A DRAINAGE EASEMENT: A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Latimer County, Colorado, being more particularly described as follows: Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00'06'14" West from a Brass cap at the Northeast Comer of said Section 11 to a Brass can at the East Quarter cornea of said Section 11 and with all bearings contained herein relative thereto: Commencing at the Northeast Comer of said Section 11; thence along the East line of the Northeast Quarter of said Section 11, South 00'06'14" West, I I07.C6 feet; thence North 89'51'46" West, 260.00 feet; thence, South 00'06'14" West, 132.07 feet; thence, North 38'03'22" West, 236.46 feet; thence, Norfli 68'34'19" West, 97.79 feet to the POINT OF BEGINIING; thence, North 63'34'19" West, 20.40 feet; thence, North 00' 00'00" East, 49.72 feet: thence, North 22025'09" East, 137.79 fret; thence, North 0603747" East, 27.56 feet; thence, South 46'50'55" West, 80.28 feet to a point on a carve concave to the Northwest having a central angle of 46'27'45", a radius of 185.00 feet an the chord of wh ch be s South 70°0 48" West, 145.94 feet; L ence aloes the arc of said curve 150.02 feet, thence, North 86'41'20' west, 179.00 feet; thence, North 63°38'52" West, 404.17 fee thence, North 11'40'40" East, 3939 feet; thence, North 24'14'16" East, 47.32 feet; thence, North 65'45'44" West, 50.00 fee; thence, Sout1`12 14' 16" West, 4732 feet; thence, North 65°-'.5' -'." West 47.29 fee'.; thence, Nor-tli 45'47'57" West, 378.06 feet; thence, North 4=:'12'03" East , 50.00 feet; thence, South 45'47'5 /" East, 3.83 feet to a point on a curve concave to tie Northwest having a ' central angle of 19'04'34", a radius of 146.79 feet and the chord of which begs North 40'00'47" East,='.8.65 feet; thence along the arc of said curve 48.87 fee.*, thence along a non -tangent line, North 87043'57" East, 75.81 feet; thence, North 27'48"5 7" East, 177.52 feet; thence, South 62'l F0=3,"East, 50.00 feet; thence, South 27043'57" West, 300.00 feet; thence, South 45'47'57" East, 95.52 feet, - thence, South 65 45'44" East. 218.77 feet; thence, South 37 02'29" East, 93.47 feet thence, South 70051'18" East, 251.95 feet; thence, South 6202742" East, 110.00 feet; thence. South78052'00" East, 154.47 feet; thence, North 7728'51" East, 50.65 fret; thence, North 46'50'55" East, 119.11 feet; thence. South 43'09'05" East, 50.00 feet thence, South 06037'47" West, 60.59 feet; thence. South 22°25'09" West, 136.30 feet; thence, South 00'00'00" West,.135.79 feet to a point or. t're North right-of-wav line of Mason Court said point being on a cl-uve concave to the Southwest having a central angle of 075138", a radius of 120.50 fret and the chord of which bears North 21'1933" West, 16.52 feet; thence along said North rght-of-way line of Mason Court and along the arc of said curve 16.53 feet; thence. North 00'00'00" East, 68.13 feet to the POINT OF BEGINNING. The above described tract of land contains 2.935 acres and is subiect to all easements and rights -of - way now on record or existing. 779001a3.wpd 5/19/98 MPM \?6� EXHIBIT "A,. ) J �\ mz 2 % ® » / Z g �� O ¥! \ 132.07* 2q .]!� § e; \�) In .! 2> �m/ 4-4 =30 M.r 2�1> 2qq§ ?.. mKz0 7 oƒ$> > 2�em 2 ;21 M 30 > 0< $ Sq;( z am§m � G}CO§ / $o 2«( CDk§ § � 2 YLE IIIIIII III'llll 11 l.I�IIII�III�IIIIIIII III LARIMEROCOUNTYLERK Exhibit "I" RGPT"# 2005-10063915 10:46:0005 PAGES - 3 FEE $16.00 DOC $0.00 #497212 DEED OF DEDICATION FOR EASEMENT STATE DOCUMENTARY FEE EXEMPT KNOW ALL MEN BY THESE PRESENTS: That THE RIVER ROCK COMMONS CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), whose legal address is 520 N. Sherwood Street, #35, Fort Collins, CO 80524, being the owner of the real property described on Exhibit A attached hereto and incorporated herein by this reference ("Grantor's Property"), in consideration of Ten Dollars ($10.00) in hand paid, the 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 home -rule municipality ("City"), a non-exclusive permanent easement for emergency access purposes over and across Grantor's Property. It is understood by the Grantor that by acceptance of the deed of dedication of easement, the City does not accept any duty of maintenance of such easement. DATED this _JS�tf.day of r 1-1 12005. THE RIVER ROCK COMMONS CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation By:t�- Don Flick, President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _l57"`day of 2005, by Don Flick, as President of The River Rock Commons Condominium Ass ciation, a Colorado nonprofit corporation. ' Witness my hand and official seal. -?ry NublicMission expires: Deed of Dedication for Easement 1 CITY CLERK CITY OF FORT CCLt.I�" EXHIBIT A TO DEED OF DEDICATION FOR EASEMENT "Legal Description of Grantor's Property" Tract E as shown on map of The River Rock Commons Condominiums recorded July 14, 1999 at Reception No. 99062703, City of Fort Collins, County of Larimer, State of Colorado Deed of Dedication for Easement SCOTT DOYLE, CLERK 1111111111111111111111,`1111'I'III"II LRRIMER COUNTY CO Khibit "2" RCPTN08/02/20 # 2005-0063916 110:46:0005 PAGES - 3 FEE $16.00 DOC $0.00 #497213 DEED OF DEDICATION FOR EASEMENT STATE DOCUMENTARY FEE EXEMPT KNOW ALL MEN BY THESE PRESENTS: That THE MARTINEZ PARK HOMEOWNERS .ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), whose legal address is 415 Mason Court #4, Fort Collins, CO 80524, being the owner of the real property described on Exhibit A attached hereto and incorporated herein by this reference ("Grantor's Property"), in consideration of Ten Dollars ($10.00) in hand paid, the 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 home -rule municipality ("City"), a non-exclusive permanent easement for emergency access purposes over and across Grantor's Property. It is understood by the Grantor that by acceptance of the deed of dedication of easement, the City does not accept any duty of maintenance of such easement. DATED this day of 2005. THE MARTINEZ PARK HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation By: Ken eth Dean Smith, President STATE OFCOLORADO ) ss. COUNTY OF LARIMER ) Tl c foregoing instrument was acknowledged before me this /Z5 day of ( 2005, by Kenneth Dean Smith as President of The Martinez Park Homeowners As luation, a Colorado nonprofit corporation. s Witness my hand and official seal �'YSC expires: 10---C)5 Deed of Dedication for Easement EXHIBIT A TO DEED OF DEDICATION FOR EASEMENT "Legal Description of Grantor's Property" Tract B, Martinez P.U.D., City of Fort Collins, County of Larimer, State of Colorado Deed of Dedication for Easement ATTEST: City Clerk -'APPROVED AS TO FORM: Assistant City Atto CITY OF FORT COLLINS, COLORADO, a Municipal Corporation GRANTEE: WONDERLAND- HILL DEVELOPMENT CO Y By. Title: ATTEST -.- STATE OF COLORADO ) ) ss 13c ;L- COUNTY OF Ev ) The foregoing instrument was acknowledged before me this lL"`day of - ec-cmbe1- 1901, by r` ✓czR H vG,ca as _V 2,JP+ nd M«v lyn Mess as � ear - Witnessmy hand and official seal. My -commission expires: Notary Public K Exhibit "A" DESCRIPTION FOR A PUBLIC ACCESS, UTILITY AND DRAINAGE EASEMENT: A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69 Westof the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00006114" West from a Brass cap at the Northeast Comer of said Section 11 to a Brass cap at the East one - quarter comer of said Section 11 and with all bearings contained herein relative thereto: Commencing at the Northeast Comer of said Section 11; thence along the East line of the Northeast Quarter of said Section 11, South 00°06'14" West, 1107.06 feet; thence North 89°53'46" West, 260.00 feet; thence, South 00°06'14" West, 132.07 feet; thence, North 88°03'22" West, 236.46 feet; thence, North 68°34'19" West,160.25 feet; thence, North 50°03'46" West, 131.60 feet; thence, North 86°41'20" West, 179.00 feet; thence, North 63°38'52 West, 404.17 feet; thence, North 45°47'57" West, 460.69 feet to the POINT OF BEGINNING; thence, North 89°55'46"West, 406.40 feet to a point on the East line of Sherwood Street; thence along said Eastline, North 00°04'14" East, 20.00 feet; thence, South 89055'46" East, 119.68 feet to a point on a curve concave to the Northwest having a central angle of 29°14'17", a radius of 70.00 and the chord of which bears North 75027'06" East, 35.33 feet; thence along the arc of said curve 35.72 feet; thence, North 60°49'57', 27.96 feet to a point on a curve concave to the Southeast having a central angle of 29°14'17, a radius of 125.00 feet and the chord of which bears North 75°27'06" East, 63.10 feet; thence along the arc of said curve 63.10 feet; thence, South 89°55'46" East, 153.47 feet; thence, North 78°29'13" East, 13.89 feet; thence, South 00°04'14" West, 61.29 feet to the Point of Beginning. The above described tract of land contains 0.393 acres and is subject to all easements and rights -of -way now on record or existing. 77900la4.wpd 9/13/97 (sheet 1 of 2) Exhibit "A" _ ,90'LOII M >1,90,00 S rc ya $'CV N �3pp V—ZN P ~ g mC PVC P2 Z�N ON WNI=i u W�m J¢O N Owz WOm N m 2 e� 3 Z N b_ W WLL rpm O = Q WJ = R W a�C) o° am �0 ^- W tA�r¢ W _ W WQcr O om m 3 w� Z �ZIiU h Q 0R0LL z ne ^o v m� z cl Z=} W � H�UQ �m Z1 Ym ow ZZZy Q N6 h oao Q n Q Q z` } waow a xL= F—¢� N \\ awo J Uzi¢ ? H OZJJ ~ J�Q Q I = C)< 4 Z E--0 N U) Q�Z} W W JZQr J W LLZdZ r\o U Oa=o Q UUmV \' a GyW N J HLLF Z (� <0 l- am OL • P W� W = 3, o n; o o e e e e W �\\CC z a 0 -p NP'rn� n� mOCmiN P VP n 8 oeeu°�3 4Pr�u e� w 3 W� o W m� m -o Q�✓ 1S GOOM83HS � (sheet 2 of 2) RCPTN # 98054070 06/29/98 13:50:00 # PAGES - 4 FEE - M RODENBERGER RECORDER, LAP,IMER COUNTY CO STATE DOC FEE - [WONDERUE.WPD 6/16/98] UTILITY EASEMENT THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "Grantor", for and in consideration of Ten Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto WONDERLAND HILL DEVELOPMENT COMPANY, hereinafter referred to as the "Grantee", whose address is 745 Poplar Avenue, Boulder, Colorado, 80304, its successors, assigns, lessees, licensees and agents a non-exclusive, perpetual easement for utilities across all of the herein described real property more fully described on Exhibit "A" attached hereto and by this reference made a part hereof. The Grantee agrees to construct the utilities as shown on the Final Utility Plans for Martinez P.U.D. dated April, 1998, and incorporated herein by reference. The Grantor hereby reserves unto itself, for public use shared and concurrent with the use authorized and granted herein to the Grantee, the utility easement described in the above paragraph of this Deed of Easement, which public use may include all uses and activities authorized and granted to the Grantee hereby. Grantee shall be responsible for all damages caused to Grantor or Grantor's property arising from the Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold Grantor harmless from any claim, loss or damage, including reasonable attorney's fees, arising out of or in any way associated with Grantee's use of the easement. In addition, the Grantee shall not exercise any rights herein granted that shall interfere, hinder or in any way disrupt the Grantor's use of Grantor's property. The Grantor reserves the right to occupy and use said easement for all purposes not inconsistent with the rights herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. $21.00 $.00 IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the 26th day of June, 1998; and the Grantee has hereunto set their hand and seal the day and year first above written. 1 ✓.,-.r-,,� a--- CITY OF FORT COLLINS, COLORADO, a Munici al Corporation By:- City anager ATTEST:. :City Clerk, . o APPROVED AS TO FORM: Assistant City Attb y GRANTEE: WONDERLAND-� HILL DEVELOPMENT 71 COMPANY J Title: `ATTEST: STATE OF COLORADO ) ) ss(900�042e COUNTY OF _"gin ) " The foregoing instrument was acknowledged before me this V day of �em�tizr 1997; as hc;a 4-i and -mar,*/ - as S"Y . Witness.my hand and official seal. ,My Commission expires: ia-z-aoo� N tary Public 2 Exhibit "A" DESCRIPTION FOR A UTILITY EASEMENT: A tract of land located in the Northeast Quarter of Section 11, 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: Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00°06'14" West from a Brass cap at the Northeast Comer of said Section i l to a Brass cap at the East one - quarter comer of said Section 11 and with all bearings contained herein relative thereto: Commencing at the Northeast Comer of said Section 11; thence along the East line of the Northeast Quarter of said Section 11, South 00°06'14" West, 1107.06 feet; thence North 89°53'46" West, 260.00 feet; thence, South 00°06' 14" West, 132.07 feet; thence, North 88°03'22" West, 236.46 feet; thence, North 68°34'19" West, 97.79 feet; thence, South 00°00'00" West, 49.64 feet to a point on a non -tangent curve concave to the West having a central angle of 32°41'43, a radius of 129.50 feet and the chord of which bears South 16°20'52" East, 72.90 feet, said point being the POINT OF BEGINNING; thence along the arc of said curve 73.90 feet; thence, South 00°00'00" East, 92.45 feet to a point on the North line of Cherry Street; thence along said North line, North 90°00'00" West, 9.00 feet; thence departing said North line, North 00°00'00" East, 92.45 feet to a point on a curve concave to the West having a central angle of 25' 15'22", a radius of 120.50 feet and the chord of which bears North 12°37'41" West, 52.69 feet; thence along the arc of said curve 53.12 feet to a point on a non -tangent line; thence along said line, North 00°00'00" East, 18.54 feet to the Point of Beginning. The above described tract of land contains 1,406 square feet and is subject to all easements and rights -of -way now on record or existing. 779001a1.wpd 9/13/97 (sheet 1 of 2) SEAR -BROWN Exhibit "A" UTILITY EASEMENT A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SCALE 1"=50' 9/5/97 NOTE: NO PROPOSED OR EXISTING EASEMENTS ARE SHOWN HEREON. o `\ o \ N 00'00'0I W \ \4 \ A =\'15'22" --- R = 120.50' T = 27.00' L = 53.12' I CH = N 12'37'41" W PROPOSED 52.69' MARTINEZ P.U.D. i N 00'00'00" EI- 92.45' NORTH LINE OF - CHERRY STREET 6834'79.. 9> �9. {y NORTHEAST CORNER SECTION 11. T7N, R69W FND. BRASS CAP 3 1 m 0 0 o 0 0 EAST LINE OF THE NORTHEAST QUARTER OF SEC. 11 (BASIS OF BEARINGS) N 89'53'46" W 260.00' 1 N 88'03'22" W 236.46' POINT OF BEGINNING A = 32'41'43" R = 129.50' T = 37.99' L = 73.90' CH - S 16'20'52" E 72.90' 00'00'00" E 92.45' \-N 90'00'00" W EAST 1/4 CORNER---' CHERRY ST. 9.00' SECTION 11. T7N, R69W FND. BRASS CAP RCPTN # 98054072 06/29/98 13:50:00 # PAGES - 5 FEE - $26.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 DRAINAGE EASEMENT [WONDERSD.WPD 5/14/98] THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "Grantor", for and in consideration of Ten Dollars and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto WONDERLAND HILL DEVELOPMENT COMPANY, hereinafter referred to as the "Grantee", whose address is 745 Poplar Avenue, Boulder, Colorado 80304, its successors, assigns, lessees, licensees and agents a non-exclusive, perpetual easement for storm drainage flows across all of the hereinafter described real property more fully described on Exhibit "A" attached hereto and by this reference made a part hereof. NOW, THEREFORE, in consideration of the foregoing, the parties agree to the following as shown on the Final Utility Plans for Martinez P.U.D. dated April 1998, and incorporated herein by reference: 1. The Grantee agrees to construct a grass -lined swales as shown on Sheets 12 thru 14 of the Final Utility Plans for Martinez P.U.D. 2. The Grantee agrees to construct two storm sewer outlets to be constructed as shown on Sheets 11 and 17 of the final Utility Plans for Martinez P.U.D. 3. The Grantee agrees to install buried riprap at the storm sewer outlets as shown on Sheets 14, 15 and 20 of the Final Utility Plans for Martinez P.U.D. 4. The Grantee agrees to prohibit the installation of any future drainage infrastructure on Martinez P.U.D. which would convey surface or groundwater onto the Park property. This includes, but is not limited to, subdrains that might be constructed with foundations. 5. The Grantor will be responsible for annual landscape maintenance of the swale and the storm sewer outlets on the Park property. The Grantor will not be responsible for maintenance of the storm sewer on private property. 6. The Grantee agrees that any future work in the easement area shall not be, donewithout the written approval by the Grantor. Grantee shall be responsible for all damages caused to Grantor or Grantor's property arising from the Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold Grantor harmless from any claim, loss or damage, including reasonable attorney's fees, arising out of or in any way associated with Grantee's use of the easement. In addition, the Grantee shall not exercise any rights herein granted that shall interfere, hinder or in any way disrupt the Grantor's use of Grantor's property. The