HomeMy WebLinkAboutHARMONY MARKET PUD - Filed ED-EASEMENT DEDICATION - 2002-11-27RCPTN # 89029106 06/ /89 11:26:is # OF PACE - 6 FEE -
M. RODENRERCER, RECORDER - LARIMER COUNTY CO STATE DOC FEE -
EASEMENT DEDICATION
KNOW ALL BY THESE PRESENTS: That Oak Farm Inc., a
Delaware corporation ("Grantor") being the owner of the
following described land, to -wit:
A portion of the northeast quarter of
Section 1, Township 6 North, Range 69 West
of the 6th P.M., Larimer County, Colorado
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does hereby dedicate, transfer, and convey to the City of Fort
Collins, Colorado ("City"), for public use a nonexclusive
permanent easement for drainage and a temporary easement for
drainage (collectively "Easement") in the City of Fort Collins,
County of Larimer, State of Colorado, more particularly
described on Exhibit A attached hereto and by reference made a
part hereof.
The Easement may be used only for the aforesaid
purpose(s). All construction and other work within the Easement
shall be in accordance with and subject to any applicable
P.U.D., laws, ordinances, regulations, guidelines and
requirements of the City and the Declaration of Establishment of
Protective Covenants, Conditions and Restrictions and Grant of
Easements for Harmony Market, as any of the foregoing may be
amended from time to time and whether or not of record as of the
date of this Easement. Any person or entity performing
construction and other work within the Easement shall, upon
completion of construction and at its sole cost and expense,
restore the surface of the ground and to the condition it was in
immediately prior to the initiation of construction, except as
necessarily modified to accommodate improvements installed
within the Easement, which restoration shall be completed within
30 days after the date of completion of such improvements. Any
such person or entity shall properly repair any and all damage
caused by or arising from their 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, claims 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 parson or
entity, their respective employees, agents, contractors,
subcontractors and others under their 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."
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Grantor, Grantor, its successors and assigns, shall have the
right, at their expense, to relocate the Easement and any
improvements therein, if necessary in their discretion for
development or sale of properties owned by them in the vicinity
of the Easement.
The Easement shall automatically terminate on the
platting of the property including the Easement or the movement
of the Easement pursuant to the preceding paragraph.
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
1989.
OAK FARM INC., a Delaware
ATTEST: corporation
Ro erta S. Martin, Secretary Michael S. Byrne; President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me
this `^ day of , 1989 by Michael S. Byrne and
Roberta S. Martin, as President and Secretary, respectively,
of Oak Farm Inc., a Delaware corporation.
Subscribed and sworn before me this )u(' day of
, 1989.
My Commission Expires:`��
Notary Publics
6'=
EXHIBIT "A"
DESCRIPTION FOR 20 FOOT PERMANENT DRAINAGE EASEMENT AT OAKRIDGE
DRIVE AND SOUTH.
A Permanent drainage easement over and across portions of that
certain parcel located in Section 1, Township 6 North, Range 69
West of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado being more particularly described as follows:
An easement 20 feet in width located on the subject parcel with
foreshortened and prolonged sidelines to meet the property lines
of the subject parcel, and shall be 10 feet each side measured at
right angles and parallel with the centerline described as
follows:
Considering the East line of the Northeast Quarter of said Sec-
tion as bearing, South 0°10'00" West, from a found number four
rebar with yellow cap at the Northeast corner, to a found rebar
in a valve box at the East Quarter corner of said Section 1 and
with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section l; thence
along said East line, South 0°10'00" West, 1748.31 feet; thence,
North 89°50'00" West, 700.00 feet to the said centerline, said
point being the Point of Beginning; thence along said centerline,
North 89°50'00 West, 10.00 feet; thence, North 0°10'00 East,
438.19 feet to a point on a curve concave to the West having a
central angle of 34°47'43 a radius of 200.00 feet and the chord
of which bears North 17013'51" West, 119.60 feet; thence along
the arc of said curve 121.46 feet; thence, North 34°37'43 West,
151.68 feet to Point "A", said point being the terminus of said
Permanent Drainage Easement.
The above described easement contains 0.332 acres more or less
and is subject to all easements and right-of-way now on record or
existing.
DESCRIPTION FOR 20 FOOT TEMPORARY DRAINAGE EASEMENT NORTH OF OAK -
RIDGE DRIVE
A temporary drainage easement over and across portions of that
certain parcel located in Section 1, Township 6 North, Range 69
West of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado being more particularly described as follows:
An easement 20 feet in width located on the subject parcel with
foreshortened and prolonged sidelines to meet the property lines
of the subject parcel, and shall be 10 feet each side measured at
right angles and parallel with the centerline described as
follows:
Beginning at aforementioned Point "A"; thence, South 71°53'48"
West, 441.73 feet; thence, North 90°00'00" West, 35.00 feet to
the terminus of said Temporary drainage easement.
The above described easement contains 0.219 acres more or less
and is subject to all easements and right-of-ways now on record
or existing.
May 10, 1989
Job # 306-003
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ATTORNEY'S CERTIFICATE
This is to certify that on the 26th day of May, 1969, I
examined the title to the property as described hereon and
established that the owners and proprietors of record of the said
property as construed in C.R.S. 1973, 31-23-111, are shown hereon
as of said date.
Ways B. Schroeder
Calkins, Kramer, Grimshaw
& Harring
1700 Lincoln Street, Ste. 3800
Denver, Colorado 80203
Registration No. 2447
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