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HomeMy WebLinkAboutHAMLET AT MIRAMONT PUD - Filed ED-EASEMENT DEDICATION - 2002-11-25RCPTN # 98072778 08/25/98 14:49:00 # PAGES - 5 FEE - $26.00 M RODENBERGER RECORDER, LAR;-MER COUNTY CO STATE DOC FEE - $.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company, pursuant to the authority reserved and granted to it in Section 9.21 of that certain Declaration of Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, 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, for public use forever a permanent easement for utilities in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. 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 v i day of December, 1997. BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company By William R. Krug, Manager STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Y' The foregoing instrument was acknowledged before me this day of December, 1997, by William R. Krug, as Manager of BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: J� Z' ! % � '4'�' ATTORNEY'S CERTIFICATE Waived, per Director of Community Planning and Environmental Services, in accorda Wj!Ketobi "F" attached hereto and by this reference made a part hereof. z COLG EXHIBIT "F" (PAGE 2 OF HASLER, FONFARA AND MAXWELL LLP AROR.EY5 AT LA\V Mr. Greg Byrne November 10, 1997 Page 2 Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded on March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, Bueno, as the Declarant, has full right and authority, without the consent or joinder of any other parties, to grant the requested utility easements to the City of Fort Collins. By a copy of this letter, I am forwarding the revised form of Deed of Dedication for Easement to Mr. Eckman for his review and approval. Please evidence your consent to the requested waiver by executing a copv of this letter and r=_turnna it to this office. Thank you in advance for your cooperation. Certainly, if you or Mr. Eckman have any further questions, please feel free to contact me. e ely you JOSEPH H. FONFARA JHF/bh Enclosures cc/enc: Mr. W. Paul Eckman Mr. David S. Brown The undersigned, Director of Community Planning and Environmental Services for the City of Fort Collins, does hereby waive the requirement of attorney certification for the Deed of Dedication for Easement described in the foregoing letter. D:,T iD tll_s 1z dal- CITY OF FORT COLLINS BY -� eg ByrrSe j �ir�ctor Immunity P1ayniing and Environmental Services RCPTN # 98072780 08/2b/98 14:49:00 # PAGES - b FEE - $26.00 M RODENBERGER RECORDFF[, LARIMER COUNTY CO STATE DOC FEE - $.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company, pursuant to the authority reserved and granted to it in Section 9.21 of that certain Declaration of Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, 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, for public use forever a permanent easement for utilities in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "C" attached hereto and by this reference made a part hereof. 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 December, 1997. BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company B�1 William R. Krug, Manager STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of December, 1997, by William R. Krug, as Manager of BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires:` i Notary Put ATTORNEY'S CERTIFICATE Waived, per Director of Community Planning and Environmental Services, in " F" attached hereto and by this reference made a part hereof. 9zhibit THE SEAR -BROWN GROUP FULLSERVICE DESIGN PROFESSIONALS FORMERLY R13D. INC. 209 SOUTH MEMPUNI PORT COLI.INS, COI.0RA1)080521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A PERMANENT UTILITY EASEMENT, (LOT 21): A permanent utility easement being a portion of Lot 21, The Hamlet at Miramont P.U.D., located in the Southeast Quarter of Section 1, TownsMp 6 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 Hamlet at Miramont P.U.D. as bearing North 00'04'26" East and with all bearings contained herein relative thereto: Commencing at the Southeast corner of Hamlet at Miramont P.U.D.; thence North 00'04'26" East along said East line of the The Hamlet at Miramont P.U.D., 68.05 feet; thence South 90'00'00" West, 40.10 feet; thence North 00°04'47" West, 38.87 feet to the POINT OF BEGINNING, said point also being on the Northerly line of an existing access, drainage and utility easment; thence along said Northerly line North 77°47'55" West, 7.84 feet; thence North 12`12'05" East, 36.48 feet to a point on the East line of an existing access, utility and drainage easment; thence along said East line South 00*04'26" West, 37.32 feet to the Point of BCgnLllng. The above described permanent utility easement contains 144 square feet more or less and is subject to all easements and rights -of -way now on record or existing. 8/12/97 EXHIBITC.DOC N1 W YORK • K NNSYLVANIA COLORADO • I I Al I STANDARDS IN EXCELLENCE EOUAL 011PURTUNITY EMPLOY! H E 1 I D m Z X Z x ovz o in z o O 70 m m V rn� mcNi�C m vNi D - cc'N vDi m ' cno? U; m o r- m m C'n z N 10O'04'47' E � 38.8T-- C�o 0 A O C.i 'P O O m 0 N N z z � �o N 00'04'26" E N 68.05' c \ m C W>> z m CD -1 m A ic m O Z X i:- Z co Ti Zc< D n c G� r o m n a --I rz m � z � m-i _ ro 000G m O C r M �x4S 0 N O 1 [[[[++^^JJ l7 t�tJ ..M Vep�y PPorox W C n �K. n o u ro x = Ul w o � . r o rn y U ➢ z On n G) D m m n rn o m z D Z O (n O O --1 m � NO Z -[ c n 0:� 5�➢ Ti m m m r Q' ➢ O >_�7 m K m 0 O X Frl �DDzz � o CO Dyer- -j 0 0 0 FrI 0 m A m 0 n0 D =1 r-z0m O- z = n ➢ D oOM + r 0 -A 0 = J r 0 0 Z Z �mo -1 C O EXHIBIT 'IF" (PAGE V 2) TIMOTHYW HASLER JOSFPH It PONPARA ,11C11AEL A. MAXWELL TIMOTHY L. GODDARD LARK Y S. BUCKENDCRF HASLER, FONFARA AND MAXWELL LLP ATTORNEYS AT LAIV Sixth Floor, Key Bank Building 125 South Hcwes Sleet Fort Collins. Colorado 90521 November 10, 1997 Mr. Greg Byrne Director of Community Planning and Environmental services City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Dear Mr. Byrne: MAILING ADORESS. P05T OEI=ICE BOX 2267 POET COLLINS, COLORADO 00522 TELEPHONE (970) 193 5070 TELECOPIER (9I01 453-9703 Re: Hamlet Condominiums at Miramont Our File No. 3673-2-96 Hopefully, by the time you receive this letter, you will have spoken to or received correspondence from W. Paul Eckman, Deputy City Attorney, regarding the issue which is discussed below. I am enclosing for your convenience copies of the following items: 1. Letter dated October 31, 1997, from me to Mr. Eckman. 2. Portion of Section 2.2.3(c) of the City's Land Use Code. 3. Revised form of Deed of Dedication for Easement. As noted by the enclosed letter dated October 21, 1997, the condominium declaration for Hamlet Condominiums at Miramont specifically reserved to Bueno Development, LLC ("Bueno"), the right and authority to grant easements across, upon, over and under any part of the common elements within the condominium project. Please accept this letter as a formal request on behalf of Bueno to waive the requirement of an attorney certification certifying that all current owners of any recorded fee interest in the surface of the property have joined in the execution of the Deed of Dedication for Easement. As a material inducement to the City of Fort Collins to grant the foregoing waiver, please accept this letter as my formal opinion, as legal counsel to Bueno, that, pursuant to the provisions of Section 9.21 of that certain Declaration of EXHIBIT "F" (PAGE 2 OF 2; HASLER, FONFARA AND MAXWELL LLP ATTORNEYS AT LA'.v lll Mr. Greg Byrne November 10, 1997 / Page 2 Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded on March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, Bueno, as the Declarant, has full right and authority, without the consent or joinder of any other parties, to grant the requested utility easements to the City of Fort Collins. By a copy of this letter, I am forwarding the revised form of Deed of Dedication for Easement to Mr. Eckman for his review and approval. Please evidence your consent to the requested waiver by executing a copy of this letter and,r=turnSng it to this office. Thank you in advance for your cooperation. Certainly, if you or Mr. Eckman have any further questions, please feel free to contact me. JHF/bh Enclosures cc/enc: Mr Mr eely you , SEPH H. FONFARA ZAJ07 A W. Paul Eckman David S. Brown The undersigned, Director of Community Planning and Environmental Services for the City of Fort Collins, does hereby waive the requirement of attorney certification for the Deed of Dedication for Easement described in the foregoing letter. L CII LLU '..11_J 17 d:iy cf- :i ��✓`..:I rl .�_.1 , �i J 1 . CITY OF FORT COLLINS By � Gre4ByrrTe�,-' �31r.Pctor community �apning and Environmental Services RCPTN # 98072781 08/25/98 14:49:00 # PAGES - 5 FEE - $26.00 M RODENBERGER RECORDER, LARZMER COUNTY CO STATE DOC FEE - $.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company, pursuant to the authority reserved and granted to it in Section 9.21 of that certain Declaration of Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, 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, for public use forever a permanent easement for utilities in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "D" attached hereto and by this reference made a part hereof. 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 December, 1997. BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company William R. Krug, Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) J'i The foregoing instrument was acknowledged before me this � day of December, 1997, by William R. Krug, as Manager of BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal i My commission expires: '<: ATTORNEY'S CERTIFICATE �(i o L I G •°� Waived, per Director of Community Planning and Environmental Services, in accordan WERK "F" attached hereto and by this reference made a part hereof. 'vim 'J ' THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERLY RBD, INC. 209 SOUTII MELDRUM J:0Rr COLLINS. COLORAI 0O W521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A PERMANENT UTILITY EASEMENT, (LOT 1 3): A permanent utility easement being a portion of Lot 13, The Hamlet at Miramont P.U.D., located in the Southeast QUa ter of Section 1, Township 6 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 Northwesterly line of said Lot 13 as bearing North 41 `13'43" East and with all bearings contained herein relative thereto: Conuncncing at the Southwesterly corner of said Lot 13; thence along the Southwesterly line of said Lot 13, North 41'13'41" East, 19.05 feet to a point on the Northeasterly line of an existing access, utility and drainage easement; thence along said Northeasterly line, South 44`48'32" East, 7.49 feet to the POINT OF BEGINNING; thence North 45 11'28" East, 10.00 feet; thence South 44'48'32" East, 10.00 feet; thence South 45 11'28" West, 10.00 feet; thence North 44'48'32" West, 10.00 feet to the Point of Begirming. The above described permanent utility easement contains 100 square feet more or less and is subject to all easements and rights -of -way now on record or existing. 8/12/97 EXHIBITD.DOC NI-M Ml,K • PGNNSY LA'ANIA COLORADO • U"I Al I STANDARDS IN EXCELLENCE EouALOf�l�OaTUNIFYtnil)LOYea � r O � � � // g +» 41 9 o £ r O y � � ® ) ƒ j \oz \\ O ® / w \ /® EXHIBIT "F" (PAGE -)F 2) \7� HASLER, FONFARA AND MAXWELL LLP ATTORNEYS AT LA1V TIMOTHY Yl. HASIER JOSEPHH. PONFARA MICMAEL A. IAA%WELL T,MOT'rnL GODOARO LARRT S. BUCKLNDORF Swh Floor, Key Bank Building 125 Soulll Howes Street Fort Collins, Colorado 80521 November 10, 1997 Mr. Greg Byrne Director of Community Planning and Environmental Services City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Dear Mr. Byrne: MAILING A00RESs. POST OFFICE BOX 2267 FORT Cow NS. COLORADO 00522 TELEFRONE (910) n93-500 TELEOOPIER (970) 493-9703 Re: Hamlet Condominiums at Miramont Our File No. 3673-2-96 Hopefully, by the time you receive this letter, you will have spoken to or received correspondence from W. Paul Eckman, Deputy City Attorney, regarding the issue which is discussed below. I am enclosing for your convenience copies of the following items: 1. Letter dated October 31, 1997, from me to Mr. Eckman. 2. Portion of Section 2.2.3(c) of the City's Land Use Code. 3. Revised form of Deed of Dedication for Easement. As noted by the enclosed letter dated October 21, 1997, the condominium declaration for Hamlet Condominiums at Miramont specifically reserved to Bueno Development, LLC ("Bueno"), the right and authority to grant easements across, upon, over and under any part of the common elements within the condominium project. Please accept this letter as a formal request on behalf of Bueno to waive the requirement of an attorney certification certifying that all current owners of any recorded fee interest in the surface of the property have joined in the execution of the Deed of Dedication for Easement. As a material inducement to the City of Fort Collins to grant the foregoing waiver, please accept this letter as my formal opinion, as legal counsel to Bueno, that, pursuant to the provisions of Section 9.21 of that certain Declaration of THE SEAR -BROWN GROUP FULL,SERVICE DESIGN PROFESSIONALS FORMERLY R13D, INC. 209 SOUTH ME-LDRUM IUN I COLLINS COLON AUU 60721-2003 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A PERMANENT UTILITY EASEMENT, (LOT 15 and LOT 18): A permanent utility easement being a portion of Lot 15 and Lot 18, in The Hamlet at Miramont P.U.D., located in the Southeast Quarter Corner of Section 1, Township 6 North, Rank 69 West of the 6th Principal Meridian, City of Port Collins, County of Larimer, State of Colorado, being more particularly described as follows: That portion of an easement 20 feet in width with foreshortened and prolonged sidelines so as to meet the North line of an existing access, utility and drainage easement and shall be 10 feet each side measured at right angles and parallel with the centerline described as follows: Considering the East line of said Lot 15 as bearing North 16°06'15" East and with all bearings contained herein relative thereto: Conuncncing at the Southeast corner of said Lot 15; thence along the East line of said Lot 15, North 16'06' 15" East, 19.00 feet to the POINT OF BEGINNING of said centerline, said point also being on the North line of said access, utility and drainage easement; thence North 16'06' 15" East, 58.56 feet to the terminus of said centerline. The above described easement contains 1171 square feet more or less and is subject to all easements and rights -of -way now on record or existing. 8/12/97 EXHIBITA.DOC N ICE?' Y'OKK • I'P.N NSYLVP.N IA cot-OIZADO • U rAI1 STANDARDS IN EXCELLENCE EQUAL OPPORTUNITY EMPLOYt:R EXHIBIT "F" (PAGE 2 OF \ HASLER, FONFARA AND MAXWELL LLP ATTORNEYS AT LAW Mr. Greg Byrne November 10, 1997 Page 2 Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded on March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, Bueno, as the Declarant, has full right and authority, without the consent or joinder of any other parties, to grant the requested utility easements to the City of Fort Collins. By a copy of this letter, I am forwarding the revised form of Deed of Dedication for Easement to Mr. Eckman for his review and approval. Please evidence your consent to the requested waiver by executing a copy of this letter and,r=_turn�ng it to this office. Thank you in advance for your cooperation. Certainly, if you or Mr. Eckman have any further questions, please feel free to contact me. �e�ielly you JOSEPH H. FONFARA JHF/bh Enclosures cc/enc: Mr. W. Paul Eckman Mr. David S. Brown The undersigned, Director of Community Planning and Environmental Services for the City of Fort Collins, does hereby waive the requirement of attorney certification for the Deed of Dedication for Easement described in the foregoing letter. DATED tli's 1z day CITY OF FORT COLLINS By—'/ , eg Byrrfe, �1r�ctor ommunity �aing and Environmental Services RCPTN # 98072782 08/25/98 14:49:00 # PAGES - 5 FEE - $26.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company, pursuant to the authority reserved and granted to it in Section 9.21 of that certain Declaration of Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, 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, for public use forever a permanent easement for utilities in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "E" attached hereto and by this reference made a part hereof. 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 December, 1997. BLEND DEVELOPMENT, LLC, a Colorado Limited Liability Company By % William R. Krug, Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of December, 1997, by William R. Krug, as Manager of BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: ATTORNEY'S CERTIFICATE Waived, per Director of Community Planning and Environmental Services, in "F" attached hereto and by this reference made a part hereof. Q-; lyTHE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERLY R13D, INC. 209 SOU"III MELDI.UM 170I.1COLLINS, COLORADO 80521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A PERMANENT UTILITY EASEMENT, (LOT 18): A permanent utility easement being a portion of Lot 18, The Hamlet at Mirarnont P.U.D., located in the Southeast Quarter of Section 1, Township 6 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more particularly described as follows: Considering the East line of said Lot 18 as bearing North 16`06' 15" East and with all bearings contained herein relative thereto: Commencing at the Southeast comer of said Lot 18; thence along the East line of said Lot 18, North 16'06'15" East, 55.35 feet to a point on the Northerly line of an existing access, utility and drainage easement; thence along said Northerly line, North 73'53'45" West, 12.00 feet to the POINT OF BEGINNING; thence, North 73°53'45" West, 10.00 feet; thence, North 16°06'15" East, 10.00 feet; thence, South 73°53'45" East, 10.00 feet; thence, south 16'06' 15" West, 10.00 feet to the Point of Beginning. The above described permanent utility easement contains 100 square feet more or less and is subject to all easements and rights -of -way now on record or existing. 8/12/97 EX-E.DOC M NY 1'ORK • UNNSYINANIA COLORADO • UFAI I STANDARDS IN EXCELLENCE EOUAL OPPORTUNITY P-1KQYP. , D m Z X p � O ."L1 Z Z a / am m m A a ` m ti / Z pw Om pCn l o JJJc � m _ 1606,75„ \�• (� CD �` S 16.06 75 W z r,_ 70.00, I (SA JSUNf Nw S/ O�F F CO AI?INrSB ul S r— O W D -1 D Z D moo O > Z L O Timm m C O :z C z 5� D < M -u p rn D O Apo m D X m _ �Ar W Nfr0� -I D K: m Flmm� m ooc)� q -1-1 �Za f- O D A CD m .0 z D m(n-i O = C)rnD O z oO r O Z r� z-i-i U = -o C EXHIBIT 'IF" (PAGE ')F 2) ` HASLER, FONFARA AND MAXWELL LLP ATTORNEYS AT LA'.v Sixth Floor. Key Bank Building 125 Soe!h Hcwes Street Fon cw;ns. Cclorado 80521 TIMOTHY W HASLPR JOSE.;,H H FONFARA Mi G11AEL A. MAXWP_LL TIMOTHY L GODDARD LARR'/ S. BUCKENDC11f November 10, 1997 Mr. Greg Byrne Director of Community Planning and Environmental Services City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Dear Mr. Byrne: MAILING ADDRESS. POST OFFICE BOX 2207 FORT CCLUN'S, COLORADO e0522 TELEPHONE (970) a93-5G70 TELECOPIER (970) 4S3-5703 Re: Hamlet Condominiums at Miramont Our File No. 3673-2-96 Hopefully, by the time you receive this letter, you will have spoken to or received correspondence from W. Paul Eckman, Deputy City Attorney, regarding the issue which is discussed below. I am enclosing for your convenience copies of the following items: 1. Letter dated October 31, 1997, from me to Mr. Eckman. 2. Portion of Section 2.2.3(c) of the City's Land Use Code. 3. Revised form of Deed of Dedication for Easement. As noted by the enclosed letter dated October 31, 1997, the condominium declaration for Hamlet Condominiums at Miramont specifically reserved to Bueno Development, LLC ("Bueno"), the right and authority to grant easements across, upon, over and under any part of the common elements within the condominium project. Please accept this letter as a formal request on behalf of Bueno to waive the requirement of an attorney certification certifying that all current owners of any recorded fee interest in the surface of the property have joined in the execution of the Deed of Dedication for Easement. As a material inducement to the City of Fort Collins to grant the foregoing waiver, please accept this letter as my formal opinion, as legal counsel to Bueno, that, pursuant to the provisions of Section 9.21 of that certain Declaration of EXHIBIT "F" (PAGE 2 OF HASLER, FONFARA AND MAXWELL LLP n on NErs AT LAW Mr. Greg Byrne ( November 10, 1997 U Page 2 Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded on March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, Bueno, as the Declarant, has full right and authority, without the consent or joinder of any other parties, to grant the requested utility easements to the City of Fort Collins. By a copy of this letter, I am forwarding the revised form of Deed of Dedication for Easement to Mr. Eckman for his review and approval. Please evidence your consent to the requested waiver by executing a copy of this letter and r�=_turning it to this office. Thank you in advance for your cooperation. Certainly, if you or Mr. Eckman have any further questions, please feel free to contact me. �e�ielly you JOSEPH H. FONFARA JHF/bh Enclosures cc/enc: Mr. W. Paul Eckman Mr. David S. Brown The undersigned, Director of Community Planning and Environmental Services for the City of Fort Collins, does hereby waive the requirement of attorney certification for the Deed of Dedication for Easement described in the foregoing letter. D i�T i.0 titles �z day" NwWAN0* = *i60=010)An*m By eg Byrrfe, 'Eli rprc-or `Community Pqapning and Environmental Services - J _-J L RULE DR. eG! - 9Gsy po 9 w QP z p Easements to Z be Dedicated j P G C9� He let at iram t D w J c9F, 7 0 BECVEpERE CT. VICINITY MAP MAP #6 Permanent Utility Easements. 04/10/98 NTS -17 U YI. 1`I/.VI-; LAM l Oi I Mu V IV /c z �0 c� z� r �m D O / D o / > zm / O c� D> r Do-� z O O D D �N ® mFdz o 0 0 m z m z ow 7 i CTm () VI a:G) V� D N / o —1 m N�N a y C D � o aCDi � m 0 0 � O S -_I / m m o m o r p D Z X_�CD m �-op� X mzcr-i%v:160615 D>0 W 58.5 Cn D D X D m / 4 m O m m z z N zrss / momo 0 c oZ o �c ti oD0- n i jm O O Z O 00 Dn -i / z :nK r 0�-4m O D N v Z N ® 0 O S m ~� Z D -Tl/ 0 = r- z r v m > O W O z Z = D / O Nm� m�xm" N� Mom n N rl 0 EXHIBIT 'IF" (PAGE )F 2) HASLER, FONFARA AND MAXWELL LLP ATTORNEYS AT LAW Sixth Floar, Key Bank Building 125 South Hcwes Street Fort Collins. Cclorado 80521 TIMOTHYW HASLEH MAKING ADDRESS. JOSEPII H. FONFAHA POST OFFICE BOX 2267 FCRT CvLLINS, COLORADO B0522 MICHAEL A. MAXWELL TIMOTHY L. GODDARD LARK'! S. ©UCKENDCHF TELEPHONE (970) a935070 TELECOPIER 1970) 453-9703 November 10, 1997 Mr. Greg Byrne Director of Community Planning and Environmental Services City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Re: Hamlet Condominiums at Miramont Our File No. 3673-2-96 Dear Mr. Byrne: Hopefully, by the time you receive this letter, you will have spoken to or received correspondence from W. Paul Eckman, Deputy City Attorney, regarding the issue which is discussed below. I am enclosing for your convenience copies of the following items: 1. Letter dated October 31, 1997, from me to Mr. Eckman. 2. Portion of Section 2.2.3(c) of the City's Land Use Code. 3. Revised form of Deed of Dedication for Easement. ,s noted by the enclosed letter dated October 31, 1997, the condominium declaration for Hamlet Condominiums at Miramont specifically reserved to Bueno Development, LLC ("Bueno"), the right and authority to grant easements across, upon, over and under any part of the common elements within the condominium project. Please accept this letter as a formal request on behalf of Bueno to waive the requirement of an attorney certification certifying that all current owners of any recorded fee interest in the surface of the property have joined in the execution of the Deed of Dedication for Easement. As a material inducement to the City of Fort Collins to grant the foregoing waiver, please accept this letter as my formal opinion, as legal counsel to Bueno, that, pursuant to the provisions of Section 9.21 of that certain Declaration of EXHIBIT "F" (PAGE 2 OF HASLER, FONFARA AND MAXWELL LLP ATTOMEYS AT UW Mr. Greg Byrne November 10, 1997 Page 2 Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded on March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, Bueno, as the Declarant, has full right and authority, without the consent or joinder of any other parties, to grant the requested utility easements to the City of Fort Collins. By a copy of this letter, I am forwarding the revised form of Deed of Dedication for Easement to Mr. Eckman for his review and approval. Please evidence your consent to the requested waiver by executing a copy of this letter and r=_turnina it to this office. Thank you in advance for your cooperation. Certainly, if you or Mr. Eckman have any further questions, please feel free to contact me. e ely you , JOSEPH H. FONFARA JHF/bh Enclosures cc/enc: Mr. W. Paul Eckman Mr. David S. Brown The undersigned, Director of Community Planning and Environmental Services for the City of Fort Collins, does hereby waive the requirement of attorney certification for the Deed of Dedication for Easement described in the foregoing letter. -A,-, th' s dz y cf., 6v✓e;-.dDlel , CITY OF FORT COLLINS BY eg Byr e, Dir, 'ctor ommunity Plapniing and Environmental Services crlry c '.ii`;'i C="o RCPTN # 98072779 08/25/98 14:49:00 # PAGES - 5 FEE - $26.00 M RODFNRERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - g.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company, pursuant to the authority reserved and granted to it in Section 9.21 of that certain Declaration of Covenants, Conditions and Restrictions of Hamlet Condominiums at Miramont recorded March 4, 1997, at Reception No. 97013505 of the Larimer County, Colorado records, 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, for public use forever a permanent easement for utilities in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof. 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 December, 1997. BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company By - William R. Krug, Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this Y day of December, 1997, by William R. Krug, as Manager of BUENO DEVELOPMENT, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires', `;' Notary Public (.A AATTORNEY'S CERTIFICATE ':!BL\Q• DO Waived, per Director of Community Planning and Environmental Services, in "F" attached hereto and by this reference made a part hereof. X THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS FORMERLY RBD, INC. 209 SOMIi MELDROM LORI' COLLINS, COLORADO 8052I-2(,03 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A PERMANENT UTILITY EASEMENT, (LOT 16): A permanent utility easement being a portion of Lot 16, The Hamlet at Miramont P.U.D., located in the Southeast Quarter of Section 1, Township 6 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 said Lot 16 as bearing South 17`59'56" East and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Lot 16; thence along the East line of said Lot 16, South 17'59'56" East, 23.06 feet to a point on the Southerly line of an existing access, utility and drainage easement; thence along said Southerly line North 73'53'45" West, 32.76 feet to the POINT OF BEGINNING; thence South 16'06' 15" West, 12.00 feet; thence North 73`53'45" West, 12.00 feet; thence North 1°6 06' 15" East, 12.00 feet to a point on said Southerly line; thence along said Southerly line South 73'53'45" East, 12.00' feet to the Point of Beginning. The above described permanent utility easement contains 144 square feet more or less and is subject to all easements and rights -of -way now on record or existing. 8/12/97 EXHIBITB.DOC NIAV YOKE- I'I: NNSYINANIA COLOKADO • MAI I STANDARDS IN EXCELLENCE O JALCATORIUNIFY ENIPLO) I_R r� D �rD D O0 Z➢J r0* tt m O 0 (D D Z Z m�0 co S mm m C O � Z C _ = D mmm ODo mCl) r = = 00 m Z O -T, - -D m -II D 0 D i�: m - m70N m° 0D=�m 0ZZ= r 0 D ;Z - o� m o p : mZD -q (n -1 0=� 77 D - �rnD c) z OZO r O z r � V =-0 O EXHIBIT 'IF" (PAGE )F 2) HASLER, FONFARA AND MAXWELL LLP ATTORNEYS AT LAW Sixth Floor, Key Bank Building 125 South Hcwcs Street FOR Collins. Ccicrado 80521 TIW)THP W HASLER JOSFPH H. FOUFAP.A MO 1AEL A. MAXWELL TIMGTin L. GODDARD LAIR Y S_ BJCKENDORF November 10, 1997 Mr. Greg Byrne Director of Community Planning and Environmental Services City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Dear Mr. Byrne: MAILING ADDRESS. POST CRPCE BOX 2257 FORT COLLINS, CCLGPADO 80522 TELEPHONE (9101 a93 5C10 TELECOPIER (970) 4,3-9703 Re: Hamlet Condominiums at Miramont Our File No. 3673-2-96 Hopefully, by the time you receive this letter, you will have spoken to or received correspondence from W. Paul Eckman, Deputy City Attorney, regarding the issue which is discussed below. I am enclosing for your convenience copies of the following items: 1. Letter dated October 31, 1997, from me to Mr. Eckman. 2. Portion of Section 2.2.3(c) of the City's Land Use Code. 3. Revised form of Deed of Dedication for Easement. As noted by the enclosed letter dated October 31, 1997, the condominium declaration for Hamlet Condominiums at Miramont specifically reserved to Bueno Development, LLC ("Buena"), the right and authority to grant easements across, upon, over and under any part of the common elements within the condominium project. Please accept this letter as a formal request on behalf of Bueno to waive the requirement of an attorney certification certifying that all current owners of any recorded fee interest in the surface of the property have joined in the execution of the Deed of Dedication for Easement. As a material inducement to the City of Fort Collins to grant the foregoing waiver, please accept this letter as my formal opinion, as legal counsel to Bueno, that, pursuant to the provisions of Section 9.21 of that certain Declaration of