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HomeMy WebLinkAboutHARMONY SCHOOL SHOPS SECOND - Filed ED-EASEMENT DEDICATION - 2002-11-26RCPTN # 98109891 12/15/98 11:06:00 # PAGES - 4 FEE - $21.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned Oak Farm, Inc., survivor by merger with Timberline Farm Inc., a Colorado Corporation ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described at Book 224 Page 1150 on June 16, 1983 in the Larimer County Records more generally described as: A portion of the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a municipal corporation ("City'), for public use a nonexclusive vehicular, pedestrian and emergency access easement for internal circulation and emergency purposes in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit "I" 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 approved development plan, laws, ordinances, regulations, and requirements of the City, as 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 construction, except as necessarily modified to accommodate improvements installed within the Easement, which restoration shall be completed within (thirty) 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 attorneys 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 no duty to restore the surface, repair damages or indemnify, as hereinbefore required of "persons or entities." Grantor, its successors and assigns, upon the written approval of the City, shall have the right, at its expense, to relocate the Easement and any improvements therein, if necessary, for development or sale of properties owned by it in the vicinity of the Easement. Any such relocation shall be accompanied by a new deed of easement dedicating to the City, such easement as are necessary to fully replace this easement. This easement shall automatically terminate upon either (a) the platting of the property included in the easement and the dedication to the City upon the plat of such easements as are neccessary to fully replace this easement, or (b) the movement of the easement pursuant to the preceding paragraph. 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 Z "" day of ruc , 1998. RSM DISK WINWORMOAKEASE.DOC / " i' GIN G RC<+Y ^OLI_INS RCPTN # 98109896 12/15/98 11:06:00 # PAGES - 3 FEE - $16.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Oak Farm Inc., survivor by merger with Timberline Farm Inc., being the owner of certain real property in Larimer County, Colorado legally described at Book 2224, Page 1150 in the Larimer County 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 thiso?^JO day of Taty 1998. AT-1 E T: Roberta S. Martin, Secretary STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Grantor: Oak Farm Inc., a Colorado Corporation Michael S. Byrn resident The foregoing instrument was acknowledged before me this,.' day of 1998 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: Notary Public Accepted by the City of Fort Collins on the LI day ofl , 1999. City Clerk ATTORNEY'S CERTIFICATE I hereby certify that the foregoing Deed has been duly executed as required pursuant to Section 2.2.3(C)(a) through (c) 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 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 Use Code. Da Michael A. Maxwell, A.R. #8755 HASLER, FONFARA & MAXWELL 125 South Howes, 6th Floor Fort Collins, CO 80521 RSM DISK WINWORMOAKEASE.DOC THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOU 'I'I IMF[,I)kUM FORT COLLINS, COLORADO 80521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A UTILITY EASEMENT: ( Exhibit B ) A utility easement being a portion of Lot 3, Harmony School Shops, First Filing located in the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6' Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89°38'02" East from an aluminum cap in a range box at the Southwest corner of said Section 32 to a V pipe in a range box at the South'/4 Corner of said Section 32 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 32; thence along the South line of said Southwest Quarter, South 89°38'02" East, 832.46 feet; thence, North 00°04'44" East, 30.00 feet to the Southeast corner of said Lot 3; thence along the East line of said Lot 3, North 00004'44" East, 145.05 feet; thence; North 89°55'16" West, 20.00 feet; thence, South 00°04'44" West, 39.16 feet to the POINT OF BEGINNING; thence, South 00°04'44" West, 10.03 feet; thence, North 90°00'00" West, 17.35 feet; thence, North 00100'00" East, 10.00 feet; thence, South 90°00'00" East, 17.36 feet to the POINT OF BEGINNING. The above described utility easement contains 174 square feet and is subject to all easements rights -of -way now on record or existing. 6/5/98 8.doc(VJG) NI.At 1( RK . I'I. NNtiY I.VAN!.A STANDARDS IN EXCELLENCE C'6 F �. O Z LL W0 2z Omm Q LL Wa 3 WI 10 F— LL m 0 = U XQ W Cc F- Q 2 F- cr ZLLo n0cr a0 _ J WZUU Z Q�Zii UOQO 0~ClW J EEf- Z Z -i U) ,JOJ LL. Q li 4. W ~w0� �U)-CC LL LL O aWO O Q : Z 00ap O N U co F- W z }2�J OO<°O Cc (1) W F— Er =W Z0 cr LL Z I I I I I I I I I I I I I I I I I I I I �_--1_ I 1 I i I O 1 I 0 I O 1 I ry I I 3 1 I 1 I � I I 1 I � 1 I � 1 co 1 I � 1 Z 1 I 1 I I t I 1 I I 1 I I I 1 I 1 I 1 I I I 1 1 1 I � 1 1 I 1 1 1 I I I I I I I I I 1 I 1 I 1 I 1 � 1 1 1 I 1 I 1 I I I I I I I I I I I 1 I I I 1 I 1 I I I I I 1 I I I 1 I 1 i 1 I 1 1 I 1 rl w ¢, z �I ALi3 1 a OWI `tO �Q ao � pm � FI o 0 ox o ?cnl 017 3 m N O Oil Z w C Z _ Q C SO-Stl 3 „44,VO.00 N I o v z a c.) ,£0,01 M ,44,40.00 S U W O ___ ______ _ ____ N to s Z .—� c� Z Z Z w 3 o o . 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MILESTONE Grading & Access Easement yd� 0 EAST HARMONY ROAD VICINITY MAP Temporary Grading and Access Easement 10/06/98 NTS C(T`{Cg FG4 C;Oi1"S RCPTN # 98109888 ! 12/15/98 11:06:00 # PAGES - 4 FEE - $21.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned Oak Farm, Inc., survivor by merger with Timberline Farm Inc., a Colorado Corporation ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described at Book 224 Page 1150 on June 16, 1983 in the Larimer County Records more generally described as: A portion of the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer. State of Colorado does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a municipal corporation ("City"), for public use a nonexclusive utility easement in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit "L" 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 approved development plan, laws, ordinances, regulations, and requirements of the City, as 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 construction, except as necessarily modified to accommodate improvements installed within the Easement, which restoration shall be completed within (thirty) 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 no duty to restore the surface, repair damages or indemnify, as hereinbefore required of "persons or entities." Grantor, its successors and assigns, upon the written approval of the City, shall have the right, at its expense, to relocate the Easement and any improvements therein, if necessary, for development or sale of properties owned by it in the vicinity of the Easement. Any such relocation shall be accompanied by a new deed of easement dedicating to the City, such easement as are necessary to fully replace this easement. This easement shall automatically terminate upon either (a) the platting of the property included in the easement and the dedication to the City upon the plat of such easements as are neccessary to fully replace this easement, or (b) the movement of the easement pursuant to the preceding paragraph. 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 thisoPAw day OfJuc , 1998. RSM DISK WINWORD\OAKEASE.DOC / 0 ATTEST: .1 Ro erta S. Martin, Secretary STATE OF COLORADO ) ss. COUNTY OF LARIMER ) OAK FARM INC. a Colorado Corporation Michael S. Byrne, Pr sident cl The foregoing instrument was acknowledged before me this - � day of- 1998 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: t< Notary Public Accepted by the City of Fort Collins on the L"�day 0*4, 19 I.� !._, City Clerk ATTORNEY'S CERTIFICATE I hereby certify that the foregoing easement dedication has been duly executed as required pursuant to Section 2.2.3(C)(a) through (c) 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 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 Use Code. Michael A. Maxwell, A.R. #8755 HASLER, FONFARA & MAXWELL 125 South Howes, 6th Floor Fort Collins, CO 80521 RSM DISK WINWORMOAKEASE.DOC THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SO[ 'I'II MrI,DRUM FORT COLONS, COLORADO 80521-2604 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A UTILITY EASEMENT: ( Exhibit L ) A utility easement located in the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6' Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89°38'02" East from an aluminum cap in a range box at the Southwest corner of said Section 32 to a 1" pipe in a range box at the South'/4 Corner of said Section 32 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 32; thence along the South line of said Southwest Quarter, South 89°38'02" East, 832.46 feet; thence, North 00004'44" East, 30.00 feet to a point on the North Right -of -Way line of Colorado State Highway Number 68; thence, North 00°04'44" East, 102.12 feet; thence, North 90°00'00" East, 20.00 feet to the POINT OF BEGINNING; thence, North 00°04'44" East, 10.03 feet, South 90°00'00" East, 16.55 feet; thence, South 00°00'00" West, 10.00 feet; thence, North 90°00'00" West, 16.56 feet to the POINT OF BEGINNING. The above described utility easement contains 166 square feet and is subject to all easements and rights -of -way now on record or existing. 6/5/98 12.doc(VJG) NI(W Vela:-I'6.N Nhv I',ANM COIUKAIA� - II Al STANDARDS IN EXCELLENCE I I ;"I I vWll','I:It h V I I I ) 0 1 Q n I m mcn U D i I `�� m in n rTi Z C-)I Z( O �� /� - 1 1 m O N Z CC) 0 (n .... �� I I --1m F7 m V .Z1 Z V1 �C I J.I Ci � 0 1 1 Z Q Z7 = 1 I `/ Z Ln Z03 r m Cl) O m L` Z m > CO) N O Z 0 0 c-) m 0 (il z� 3 a co _ S x xx m ' ' D M< C0 Z TX 2 N 1 �ov�ca) 0 Z Z CD 1 1 T - N 1 1 N cn o C 0 a p _ O o r 0 p m = O V1 F 4.7 1 I 1 I n O m m Z � Z O c v o r- rnG�O < �o ti a O pr m C:0 O m ' �o rn= (A a --------`_------t,----------I i r co j1j Cr)v� IC) z m 00 o cn� m O m 1 1 n c Z i 1 c -4 p Zpc D c rn O z z m N Z I i ZI 1 Z `- 1 01 C) O vZ Al z z N 00'04'44° E 102.12- m� N 90'00'00" E co 00 2 1 x ' - ---------- --- - - - --- -- -T — — —i O akIo �I Z VIA Z t0 ` (A I O I I p O n O m O I O VI CP OMb m =m 00 m ml I I I D m 0 00 .0 I I I I MAP-#G 0 a O Cc W Z J CE w m 2 F QP• MILESTONE Access Easement 0 9 S�� EAST HARMONY ROAD VICINITY MAP 10/06/98 Access NTS Easement CM., C.= Ft-,' .. , �, :,, RCPTN # 98109893 12/15/98 11:06:00 # PAGES - 4 FEE - $21.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned Oak Farm, Inc., survivor by merger with Timberline Farm Inc., a Colorado Corporation ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described at Book 224 Page 1150 on June 16, 1983 in the Larimer County Records more generally described as: A portion of the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a municipal corporation ("City"), for public use a nonexclusive utility easement in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit "I"' 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 approved development plan, laws, ordinances, regulations, and requirements of the City, as 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 construction, except as necessarily modified to accommodate improvements installed within the Easement, which restoration shall be completed within (thirty) 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 no duty to restore the surface, repair damages or indemnify, as hereinbefore required of "persons or entities." Grantor, its successors and assigns, upon the written approval of the City, shall have the right, at its expense, to relocate the Easement and any improvements therein, if necessary, for development or sale of properties owned by it in the vicinity of the Easement. Any such relocation shall be accompanied by a new deed of easement dedicating to the City, such easement as are necessary to fully replace this easement. This easement shall automatically terminate upon either (a) the platting of the property included in the easement and the dedication to the City upon the plat of such easements as are neccessary to fully replace this easement, or (b) the movement of the easement pursuant to the preceding paragraph. 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 thisdA'o day Of.Tuu 1998. RSM DISK WINWORD\OAKEASE.DOC OAK FARM INC. a Colorado Corporation ATTEST: Roberta S. Martin, S cretary Michael S. Byrne, Pr6sident STATE OFCOLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this .. day of 1998 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: i N6 ary Public Accepted by the City of Fort Collins on the L day of?�#'U, 199 S. 4 ,6 �. ■�LINE a] rZN ATTORNEY'S CERTIFICATE I hereby certify that the foregoing easement dedication has been duly executed as required pursuant to Section 2.2.3(C)(a) through (c) 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 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)(0 of the Land Use Code. Michael A. Maxwell, A.R. #8755 HASLER, FONFARA & MAXWELL 125 South Howes, 6th Floor Fort Collins, CO 80521 RSM DISK WINWORMOAKEASE.DOC OAK FARM INC. a Colorado Corporation ATTEST: 4Ad Roberta S.Martin, Secretary Michael S. Byrne, P sident STATE OF COLORADO ) ss. COUNTY OF LARIMER ) r' The foregoing instrument was acknowledged before me this day of—:_ 1998 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: ,\ j Notary Public Accepted by the City of Fort Collins on the 11*day ofkjjM4A, 19J City Clerk ATTORNEY'S CERTIFICATE I hereby certify that the foregoing easement dedication has been duly executed as required pursuant to Section 2.2.3(C)(a) through (c) 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 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 Use Adl lZ - Michael A. Maxwell, A.A. #8755 HASLER, FONFARA & MAXWELL 125 South Howes, 6th Floor Fort Collins, CO 80521 RSM DISK WINWORMOAKEASE.DOC 3 _- THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOUTH MFLDRUM FO R'1' CO L.I .INS, CO LO R A DO 80521-26M 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A UTILITY EASEMENT: ( Exhibit F ) A utility easement located in the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6' Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89038'02" East from an aluminum cap in a range box at the Southwest corner of said Section 32 to a 1" pipe in a range box at the South'/4 Corner of said Section 32 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 32; thence along the South line of said Southwest Quarter South 89°38'02" East, 832.46 feet; thence, North 00004'44" East, 30.00 feet to a point on the North Right -of -Way line of Colorado State Highway Number 68; thence North 00°04'44" East, 145.05 feet; thence, South 89°55'16" East, 367.79 feet to the POINT OF BEGINNING; thence, South 89°55' 16" East, 10.03 feet; thence, South 00°00'00" West, 46.94 feet; thence, North 90000'00" Nest, 10.00 feet; thence, North 00°00'00" East, 46.96 feet to the POINT OF BEGINNING. The above described utility easement contains 470 square feet and is subject to all easements rights -of -way now on record or existing. 6/5/98 5.doc(VJG) N b.VJ V1)R1 I'I NN,n v,,uI 'O[1 Kv i)' •II'I P11 STANDARDS IN EXCELLENCE r ------------------- ' -------------J I I — J W 1 � N ' N ' m I � r l I 0 (0 I m � \ 1 1 J \ I ' O U N Z a 1 w 1 m 1 LL Cl t_ ODW3: I a M F } f- Q FL O Z = ' ; ..C7FO 1 WW3 Cl) o W= 1b _.1 m Co0oU W�a¢L 11Fa¢OU. FL O F-ZF1LW J - pc O F- F-WZ}FF-- ~ i U 1 U lL a cc 0 F'p Z w p m Z W -J F- Z U O Q F- U ~ LLJ Q V/ ----------------------------- 1 , I 1 , , , ' z31 p I O < 0 O W' 0 I Q'I J I = HI , f Nr I O,� Z 1 1 r 1 W r 1 0 o n o m 1 O P 0 Q 1 Z N ' C\ r 1 i w , , �r or , N n n ' ul b 1 m m n , N ' , 1 1 n 1 , O r J ' I 1 o ' U ' , w ' z ' i r .- ,90'S4l 3 ..",40.00 N -,'�- w z Z_ Q W m w 0 N a m N w H w O w z J F- 0 0 N \ m x a W Z n � o� z U Cl W Q N N O Z Z � W N W X 2 wzz oe X o 3 00 m 0 2 w N < ~ 3 Oz U W !r Q W Of N o¢ w Z W Z N (r U H O N N Q Z MAP--#7 ---------------- a O cc W Z J R W M M F �P MILESTONE Grading Easement 0 EAST HARMONY ROAD VICINITY MAP 10/06/98 Temporary NTs Grading Easement CM' C7 ! 4 MT [h'N TINS RCPTN # 98109894 12/15/98 11:06:00 # PAGES - 4 FEE - $21.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned Oak Farm, Inc., survivor by merger with Timberline Farm Inc., a Colorado Corporation ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described at Book 224 Page 1150 on June 16, 1983 in the Larimer County Records more generally described as: A portion of the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a municipal corporation ("City"), for public use a nonexclusive utility easement in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit "D" 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 approved development plan, laws, ordinances, regulations, and requirements of the City, as 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 construction, except as necessarily modified to accommodate improvements installed within the Easement, which restoration shall be completed within (thirty) 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 no duty to restore the surface, repair damages or indemnify, as hereinbefore required of "persons or entities." Grantor, its successors and assigns, upon the written approval of the City, shall have the right, at its expense, to relocate the Easement and any improvements therein, if necessary, for development or sale of properties owned by it in the vicinity of the Easement. Any such relocation shall be accompanied by a new deed of easement dedicating to the City, such easement as are necessary to fully replace this easement. This easement shall automatically terminate upon either (a) the platting of the property included in the easement and the dedication to the City upon the plat of such easements as are neccessary to fully replace this easement, or (b) the movement of the easement pursuant to the preceding paragraph. 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 thisZ AW day of .Tr , 1998. /; I; r C' I...Ov.;-; GOtLtWq RSM DISK WINWORMOAKEASE.DOC ATTEST: O 4..,! Roberta S. Martin, Secretary STATE OF COLORADO ) ss. COUNTY OF LARIMER ) OAK FARM INC. a Colorado Corporation Michael S. Byrne, President The foregoing instrument was acknowledged before me this day of ' 1998 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: `I , ' 4) rY. Notary Public Accepted by the City of Fort Collins on theft day oflf� ! 194 ATTORNEY'S CERTIFICATE I hereby certify that the foregoing easement dedication has been duly executed as required pursuant to Section 2.2.3(C)(a) through (c) 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 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)(0 of the Land Use Code. Michael A. Maxwell, A.R. #8755 HASLER, FONFARA & MAXWELL 125 South Howes, 6th Floor Fort Collins, CO 80521 RSM DISK WINWORMOAKEASE.DOC THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOUTI I MP:LDIZUM I'OR] COLLINS. COLORAPO 80521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A UTILITY EASEMENT: ( Exhibit D ) A utility easement located in the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6" Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89038'02" East from an aluminum cap in a range box at the Southwest corner of said Section 32 to a 1" pipe in a range box at the South'/4 Corner of said Section 32 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 32; thence along the South line of said Southwest Quarter, South 89°38'02" East, 832.46 feet; thence, North 00°04'44" East, 30.00 feet to a point on the North Right -of -Way line of Colorado State Highway Number 68; thence North 00°04'44" East, 160.05 feet to the Northeast corner of Lot 3, Harmony School Shops, First Filing; thence along the North line of said Lot 3 North 89°55'16" West, 147.02 feet; thence North 00°04'44" West 15.00 feet to the POINT OF BEGINNING; thence, North 89°55' 16" West, 10.00 feet; thence, North 00°00'00" East, 18.61 feet; thence, South 90°00'00" East, 10.00 feet; thence, South 00000'00" West, 18.62 feet to the POINT OF BEGINNING. The above described utility easement contains 186 square feet and is subject to all easements and rights -of -way now on record or existing. 4/13/98 1l.doc(VJG) NIlA'Y�>I I •PI'J J,FI '.1.� Ct q..A' v11, ii-III-.,, STANDARDS IN EXCELLENCE q� LL ram. co m w H Q L � Z W w /W/ V/� = J Q0 `W} U) / _ Z w DU 0 m Z XQ J W LL 0 G LLJ H LL 0 U) w Go fD W Q) co 1 i I I (D 0 zr� I 1 rI 3I¢w Or I I �i � �C) I 1 00 1 1 0l �I= o --------1--4 UI o� oLil "� I zl zla z �.— — 1 ---------------------------- .90'09 L 3 t V,V0.00 :V) N — 1 I I I 1 I 1 Z_ I I I I 00 Z 1 1 _ . O 00 � i ; LJ m I I I 1 1 ci 0 1 1 LL 0 o CD CDF I I D O O Z 1 00L' � ~--J 0 Li- 0)o I I cci I a;• PE, f- Z In N 1 Z I A Q cr Li 0 LL _ LL ¢ 0 0� Z � U 0 Q 0 0 LL 0 W L— t"' U) CL c� U) Q G Z 0 LY 0 LLI J L— 2 N J co Q 0Z U n- w U) 1 0 Y'i ll� co LJ Y? 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COLORADO 80521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR AN ACCESS EASEMENT: ( Exhibit I ) An access easement located in the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6' Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89°38'02" East from an aluminum cap in a range box at the Southwest corner of said Section 32 to a 1" pipe in a range box at the South'/4 Corner of said Section 32 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 32; thence along the South line of said Southeast Quarter, South 89' 18'02" East, 832.46 feet; thence, North 00004'44" East, 30.00 feet to a point on the North Right -of -Way line of Colorado State Highway Number 68; thence North 00°04'44" East, 160.05 feet to the Northeast corner of Lot 3, Harmony School Shops, First Filing; thence along the North line of said Lot 3, North 89°55' 16" West, 95.00 feet; thence North 00°04'44" West 15.00 feet to the POINT OF BEGINNING; thence, North 00°04'44" East, 6.00 feet; thence, South 89°55'16" East, 70.00 feet; thence, North 00°04'44" East, 66.12 feet; thence, South 89°55'16" East, 65.51 feet; thence South 00°04'44" West, 72.12 feet; thence, North 89°55'16" West, 135.51 feet to the POINT OF BEGINNING. The above described utility easement 5145 square feet and is subject to all easements and rights -of -way now on record or existing. 4/13/98 3.doc(VJG) NI.AA'vukr .I'I NpJ 1I S VIA STANDARDS IN EXCELLENCE aIlk m m Z D O Iq � A z0 �C3 Lf)o Cf) m =o 00 � �o Z m = X M a� rn z 00 z v i m 0 x N 0 c r z n m r- 2 O m M D > :33 n 09 N f = 0 MZ� > m j�Ln N Z 0 0 0 D v /T m v co Z Ci I 1 (n 1 n > I I I � I I 1 I ; N I O] j> M � 1 O Z, N � w� 1 m , N � 1 0 ---- -----------�=^--------' 1. 1 I 0 ; 0 N 00'04'44" E 160.05 1 ----------------------------r — — �tOZ Z 00 co A I m wo �o y 101 0-A Imo I I ? ; I r I m = I I I2 r I c,l l 1Dm i 1 �� I I m D -I D 0 z � W r N .n r m >v m z M - 0 D 0 M -n 0 O 0 7° On D Or O (zip 0 C z 0 0 z cn m v z m z m 0) 0) m v 0 m --I m r D z v r 0 -I m v z X m C D m 1 0 � m YN y '!T r5 00'04'44" W 72.12' I I I I I I X D m m MAP#1, 0 a 0 c W Z J w W CD F __ QP MILESTONE Proposed Easement 0 EAST HARMONY ROAD VICINITY MAP Proposed Permanent Utility Easement 10/06/98 NTS Fry 1 I�`\y'I i1 C'3! I f;IQ RCPTN # 98109897 12/15/98 11:06:00 # PAGES - 3 FEE - M RODENBERGER RECORDER, MARIMER COUNTY CO STATE DOC FEE - $16.00 $.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Oak Farm Inc., survivor by merger with Timberline Farm Inc., being the owner of certain real property in Larimer County, Colorado legally described at Book 2224, Page 1150 in the Larimer County 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 o?AW day of T Lt 1998. ATTE ZIA D Ro erta S. Martin, Secretary STATE OFCOLORADO ) ss. COUNTY OF LARIMER ) Grantor: Oak Farm Inc., a Colorado Corporation wsw k::::� Michael S. Byrne President The foregoing instrument was acknowledged before me this'J day of 1998 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: j Notary Public Accepted by the City of Fort Collins on the day of��1990. 14 �a� City Clerk ATTORNEY'S CERTIFICATE I hereby certify that the foregoing Deed has been duly executed as required pursuant to Section 2.2.3(C)(a) through (c) 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 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 Use Code. Michael A. Maxwell, A.R. #8755 HASLER, FONFARA & MAXWELL 125 South Howes, 6th Floor Fort Collins, CO 80521 / RSM DISK WINWORMOAKEASE.DOC THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOUTH MI!LDRUM FORT COI.I.INS, COLORADO 80521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION FOR A UTILITY EASEMENT: ( Exhibit A) A utility easement being a portion of lot 3 Harmony School Shops, First Filing, located in the Southwest Quarter of Section 32, Township 7 North, Range 68 West of the 6" Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89°38'02" East from an aluminum cap in a range box at the Southwest corner of said Section 32 to a 1" pipe in a range box at the South'/4 Corner of said Section 32 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 32; thence along the South line of said Southwest Quarter South 89°38'02" East, 832.46 feet; thence, North 00004'44" East, 30.00 feet to a point on the North Right -of -Way line of Colorado State Highway Number 68; thence North 00°04'44" East, 145.05 feet; thence North 89°55' 16" West, 39.00 feet to the POINT OF BEGINNING; thence, South 00°04'44" West, 10.00 feet; thence, North 89°55' 15" West, 10.00 feet; thence, North 00°04'44" West, 10.00 feet; thence, South 89°55' 16" East, 10.00 feet to the POINT OF BEGINNING. The above described utility easement contains 100 square feet and is subject to all easements and rights -of way now on record or existing. 4/13/98 7.doc(VJG) NI AA' S,,IJ<• I'I'IN`;c LPAVLA t ,I l I"A , • [ITN I STANDARDS IN EXCELLENCE 3 O ai r-) 3 lD In co I I Q Z3;:1 1 Jc�l 1 1 0I I , I I JI OWl K, C) cQl I I �- W I Vl' I Z I O O I I SO'Sti t 3 -b,t�0.00 N - I coo I I ----------------------------- I 1 � y cr O O ZLp Z ' wl W V) f"0 r�OCc O; 3 ; n }O w; O; `' o 00 J FI O N cp W ZUU O' a u- 1 n l 0 In o rn O Q3:ZIL � z e I--' J 00 Q O ; z C) n Zu.OwO �cq i �______________�„r- ti LLJ F— 1 Z V Ch '1 �0 O ZOJ� ; s U— cc Qcr O W o. �W U 0 _ i-Q-U) CC< M !— C7 LL LLO a J ; J z cn ate, LL ; W aC�O F-mOw 0 2cc=} ..r Z (n<PZ ¢ IOOLL LL 0U ~ O �0/J� �V0//� in F- WLIJ v/ W F- 0:3 o Q Q0)� to Lli � U Z i cn w N M co w 0 co N z Z Q W m w 0 (N N m LO w x w 0 w z x 0 N W o W C04 3 m tau °0 � w Ckf Y O z aJ Z r Q � O — U N n. W Q >U I1 U n O c� z Z O w Nw X 2 m z O O Q ig:Of w m Z p c� C= oz G U W � � w � w ME L W N => OZ Q O U Z W U � N v4 ¢ w F- O I Z MAP-# 0 0 Er W Z J Q W m H QP• MILESTONE Proposed Utility Easement �a �o T�1 9 h� EAST HARMONY ROAD VICINITY MAP Proposed Utility Easement 10/06/98 NTS