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MULBERRY AND LEMAY CROSSINGS FILING NO. 2 - Filed ED-EASEMENT DEDICATION - 2003-02-14
Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. RESOLUTION NO. PZ04-24 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF AN ACCESS EASEMENT ON LOT 2 OF MULBERRY AND LEMAY CROSSING, FILING NO. 2 WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication for an access easement located on the real property known as Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which easement is more particularly described below, and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the "Easement Dedication" conveying an access easement to the City on Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning -Board of the City of Fort Collins held this 161" day of September A.D. 201)4; , Chairman ATTEST: Se tary DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned FICHE DEPOT U.S.A. , INC.being*the owner of certain real property in Latimer County, Colorado legally described at Reception No. * in the Larimer County Records, in consideration of Ten Dollars (V 0.00) 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 access 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 day of August 2004 **2004-0069586 Grantor: HO^E DEPOT .S.A., INC. By 11 Title: r�pocate-CaaroseL Name and Address: H(IS DEPOT U.S.A., INC. 3800 W. Chapman Avenue Orange. CA 92868 ATTEST By: Title: -----SEE ATTACHED FOR NOTARY ACKN70NLEDCEHENNTS---- State of ) ) ss The foregoing instrument was acknowledged before me this _ day of 00— by as , and Witness my hand and official seal. My Accepted by the City of Fort Collins on the _ day of , 200. City Clerk STATE OF CALIFORNIA ) ) as. COUNTY OF ORANGE ) On �,f�!„/pn�" ? 2004, before me, e q .S/1-il4A— a Notary Public in anefor said state, personally appeared y 1Kck Y✓751 %✓� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SIGNA E OF NOTARY PUBLIC tISA M. SMIiH Comm.p1290415 (SEAL) � �� NOiAPv GUBLI(LFOFOANIA N Oienpe Coumy � � My Cam f�piies is I1, 10p5 � rPIZ!•- *JIMMOW ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (C)(3)(a) through (e) 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 an examination of 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 `asonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land Use Code. Attorney Address r-i'S.i tciWr, z,oc/ e'/<u Registration No. Date: 4 Exhibit "A" A 24.00 FOOT WIDE ACCESS EASEMENT BEING A PART OF LOT 2, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS RECORDED NOVEMBER 28, 2001 AT RECEPTION NO. 2001107558 OF THE OFFICIAL RECORDS OF LARIMER COUNTY, COLORADO SITUATE IN THE SW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2, THENCE S88"03'54"E, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 453.58 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING S88`03'54"E, ALONG SAID NORTH LINE, A DISTANCE OF 24.00 FEET; THENCE S01"56'06"W A DISTANCE OF 72.76 FEET TO A POINT OF CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S42"55'46"E A DISTANCE OF 16.93 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 89°43'45", A RADIUS OF 12.00 FEET AND AN ARC LENGTH OF 18.79 FEET TO A POINT OF TANGENT, THENCE S87"47'39"E, ALONG SAID TANGENT, A DISTANCE OF 52.91 FEET TO A POINT OF CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S42°56'59"E A DISTANCE OF 69.11 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 89°41'19", A RADIUS OF 49.00 FEET AND AN ARC LENGTH OF 76.70 FEET TO A POINT OF TANGENT, THENCE S01 "53'40"W, ALONG SAID TANGENT, A DISTANCE OF 202.98 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S13°03'52"W A DISTANCE OF 18.98 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 22"20'25", A RADIUS OF 49.00 FEET AND AN ARC LENGTH OF 19.11 FEET TO A POINT OF TANGENT; THENCE S24°14'05"W, ALONG SAID TANGENT, A DISTANCE OF 125.65 FEET TO A POINT OF CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S28°07'42"W A DISTANCE OF 6.66 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 7"47'14", A RADIUS OF 49.00 FEET AND AN ARC LENGTH OF 6.66 FEET TO A POINT OF REVERSE CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S07"07'08"E A DISTANCE OF 18.94 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 78°16'54", A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 20.49 FEET TO A POINT OF TANGENT, THENCE S46°15'35"E, ALONG SAID TANGENT, A DISTANCE OF 19.19 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 2, THENCE S43"44'25"W, ALONG SAID EASTERLY LINE, A DISTANCE OF 24.00 FEET, THENCE N46"15'35"W A DISTANCE OF 13.96 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S86°12'07"W A DISTANCE OF 22.13 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 95"04'35", A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 24.89 FEET TO A POINT OF TANGENT; THENCE S38°39'50"W, ALONG SAID TANGENT, A DISTANCE OF 145.80 FEET TO A POINT ON THE EASTERLY LINE OF THE 20 00 FOOT ACCESS AND UTILITY EASEMENT AS DEPICTED ON SAID PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2, SAID POINT LYING N19°24'17"W 79.07 FEET DISTANT FROM THE SOUTHEASTERLY CORNER OF SAID LOT 2;; THENCE N01"56'06"E, ALONG SAID EASTERLY LINE OF SAID 20.00 FOOT ACCESS AND UTILITY EASEMENT, A DISTANCE OF 40.13 FEET, THENCE N38°39'50"E A DISTANCE OF 160.49 FEET TO A POINT OF CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N31`26'57"E A DISTANCE OF 6.28 FEET, SAID CURVE HAVING A CENTRAL ANGLE Sheet 1 of 3 Exhibit "A" OF 14"25'45", A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 6.30 FEET TO A POINT OF TANGENT; THENCE N24°14'05"E, ALONG SAID TANGENT, A DISTANCE OF 125.65 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N13°03'52"E A DISTANCE OF 9.69 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 22°20'25", A RADIUS OF 25,00 FEET AND AN ARC LENGTH OF 9.75 FEET TO A POINT OF TANGENT; THENCE N01 °53'40"E, ALONG SAID TANGENT, A DISTANCE OF 202.98 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N42"56'59"W A DISTANCE OF 35.26 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 89"41'19 A RADIUS OF 25.00 FEET AND AN ARC LENGTH OF 39.13 FEET TO A POINT OF TANGENT; THENCE N87°47'39"W, ALONG SAID TANGENT, A DISTANCE OF 88.74 FEET; THENCE N01 "56'06"E A DISTANCE OF 108.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 19,125 SQUARE FEET (0.4391 ACRES). THE BEARINGS USED IN THE DESCRIPTION ABOVE ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF SAID LOT 2 (COMMON WITH LOT 6) BEARS N01-56.06-E, AS REFERENCED ON THE RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS BOUNDED ON BOTH ENDS BY A FOUND PK NAIL AND BRASS TAGS LS 24670, DATE PREPARED JANUARY 14, 2004 DATE OF LAST REVISION: PREPARED BY. BRETT L. MILLER, PLS NO. 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE. 303-337-1393 Sheet 2 of 3 LINE DATA TABLE COURSE BEARING DISTANCE Lt 58603'S4'E 24.00' L2 SO1'56'06W 72.76' 0 SB747'39'E 52.91' L4 SOi'53'40W 202.98' L5 52,V14'05W 125.65' L6 5461575E 19.19, L7 54344'25W 24.00' L6 N4615'35W 13.96' L9 53639'S0W 145.80' L10 N01'56'06T 40.13' 13 39'50'E 160.49' L12 N24'14'05-E 125.65' L13 N01'S3'40-E SO2.98' L14 NBT4739V 68.74' LEL11 L15 N01'S6'06T 106.59' EXHIBIT "A" EAST MAGNOLIA STREET �588'03'S4'E (R.O.W VARIES) ___455R _ 2I BEG I [3 ts L®91- " yl �Oln IiN®olroi�i(�i�oQff".. 10 1 N 2• FWND NAIL & 8RA95 TAG LS. NO. 24670 CURVE DATA TABLE COURSE CENTRAL ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD DISTANCE C1 6743W 12.00' 18.79' S42LWWE 16.93. C2 6741'19' 49.W' 76.70' S4256'59'E 59.11, C3 2720'25' 49.00' 19.11, S13'03'52W 16.98, C4 0747'14" 49.00' 6.66' S2WOT42W 6.66' C5 7616'S4' 15.00' 20.49' SOTO]'WT 18.94' C6 95'04'35' 15.00' 2C89' MW12'07W 22.13' C) 14'25'45' 25.00' 6.30' N31'26'57'E 6.28, CB 2720'25' 25.00' 9.75' NITO3'S2'E 9.59' C9 69'41'19' 25.00' }9.1}' N42'S6'S9W 35.28' PARCEL CONTA" 19.1P3 SYl'NRF = av k"l AG GALCOWAY {V� � P SBOCU7FS V r arAcn A16evA.aeo er. IF/maw w" 9ENNLE CQIWANY /J(p SYN/!N PoRATNC SlAYF/, SU/1T 1T6 'c AURJ99 L1XC191M �!T - CITY OF FORT COLLINS xorz. mo�o-r aLr.ODmimcn?wMMoc PoN. Sheet 3 of 3 24' ACCESS EASEMENT A PART OF LOT 2 OF MULBMW AND LEMAY CROSSINGS FIUNG NO. 2. SITUATED IN THE SW 1/4 OF SECTION T. T.)N., R.WW.. OF THE 8TH P.M. OF FORT GOWNS, COUNTY OF LARIMER. STATE OF N.\4 DWGS\GALLOWAI HOMEOEPO\i OLLINS\MUL9ERRv EXHISRR\HOMMLG DWG RESOLUTION NO. PZ04-25 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF AN EMERGECNY ACCESS AND UTILITY EASEMENT ON LOT 2 OF MULBERRY AND LEMAY CROSSING, FILING NO. 2 WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication for an emergency access and utility easement located on the real property known as Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which easement is more particularly described below. and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the "Easement Dedication" conveying an emergency access and utility easement to the City on Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Boar of the City of Fort Collins held this 16th day of September A.D. 200 Chairman ATTEST: ry DEED OF DEDICATION FOR EASEMENT I�NpW kL MRBY THESE PRESENTS: That the undersigned H�� »EPCJP U' S.A" INC' , being the owner of certain real property in Larimer County, Colorado legally described at Reception No. ** 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 aric� utilities Municipal Corporation, for public use forever a permanent easement for rry- gency a te% m he 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 thisa day of June , 2004 **2004-0069586 Grantor: HOME DEPOT U.S.A., INC. By: "' C Title: Ann tK. (Urhoff Name and Add r s Legal Press: HCYIE DEPOT .U.S.A. , INC. 3800 W. ChaFxian Ave. Orange, CA 98268 ATTEST: By: _ Title: ss County of ) a •�ia�• •• • ••a •mot• re+ai� The foregoing instrument was acknowledged before m _ day of 200� by as an as Witness my hand and offici . My com expires: Notary Public Accepted by the City of Fort Collins on the _ day of 200_. City Clerk Page is too large to OCR. STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 5 , 2004, before me, /n? -� a Notary Publfc-in/and for said state, personally appeared %v n K , 2tP4 AJ-l` personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand/and official seal. i v� SIGNAT OF NOTARY PUBLIC LISA M. SMITH �� Comm. p 129015 N N . NOCo YUtltIC CAI4 IFOflNIA uwgt County (SEAL) ' Yy Comm Ex ues Jen.12,2005 106666.0001 /616007.2 ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (C)(3)(a) through (e) 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 an examination of 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 throug asonable inquiry and is limited as authorized by Section 22.3(C)(3)(f) of the Land Use Code. Attorney Address j S 1 6%taPi/Gl < 77/�c� Registration No. O (C y Date: Exhibit "A" EASEMENT DEDICATION A 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT BEING A PART OF LOT 2, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS RECORDED NOVEMBER 28, 2001 AT RECEPTION NO. 2001107558 OF THE OFFICIAL RECORDS OF LARIMER COUNTY, COLORADO SITUATE IN THE SW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE S88°03'54"E, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 226.58 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 88003'54"E, ALONG SAID NORTH LINE, A DISTANCE OF 24.00 FEET; THENCE S01056'06"W A DISTANCE OF 77.04 FEET; THENCE S1002715711W A DISTANCE OF 107.78 FEET, THENCE S01056'06"W A DISTANCE OF 197.29 FEET; THENCE S40038'02"W A DISTANCE OF 44.87 FEET; THENCE S01056'06"W A DISTANCE OF 73.61 FEET; THENCE S48046'03"E A DISTANCE OF 56.92 FEET; THENCE S01056106"W A DISTANCE OF 47.54 FEET; THENCE N88003'54"W A DISTANCE OF 24.00 FEET; THENCE N01°56'06"E A DISTANCE OF 28.42 FEET, THENCE N48046'03"W A DISTANCE OF 64.67 FEET; THENCE N01 °56'06"E A DISTANCE OF 90.70 FEET; THENCE N65033'54"W A DISTANCE OF 9.16 FEET; THENCE N24°26'06"E A DISTANCE OF 20.00 FEET; THENCE S65°33'54"E A DISTANCE OF 9.98 FEET; THENCE N40°38'02"E A DISTANCE OF 39.42 FEET; THENCE N01 °56'06"E A DISTANCE OF 100.14 FEET; THENCE N88°03'54' W A DISTANCE OF 8.01 FEET; THENCE N01°56'06"E A DISTANCE OF 20.00 FEET; THENCE S88°03'54"E A DISTANCE OF 8.01 FEET; THENCE N01056'06"E A DISTANCE OF 62.24 FEET; THENCE N10027'57"E A DISTANCE OF 37.54 FEET; THENCE N76°48'54"W A DISTANCE OF 8.47 FEET; THENCE N13°11'06"E A DISTANCE OF 20.00 FEET; THENCE S76048'54"E A DISTANCE OF 7.53 FEET; THENCE N10°27'57"E A DISTANCE OF 56.96 FEET: THENCE N01°56'06"E A DISTANCE OF 68.51 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 16,506 SQUARE FEET (0.3789 ACRES). THE BEARINGS USED IN THE DESCRIPTION ABOVE ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF SAID LOT 2 (COMMON WITH LOT 6) BEARS N01"56'06"E, AS REFERENCED ON THE RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS BOUNDED ON BOTH ENDS BY A FOUND PK NAIL AND BRASS TAGS LS 24670. DATE PREPARED: June 21, 2004 DATE OF LAST REVISION: PREPARED BY: BRETT L. MILLER, PLS NO. 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE: 303-337-1393 Sheet 1 of 4 LINE DATA TABLE COURSE BEARING DISTANCE L1 S88'03'54"E 24.00' L2 SOI-56'06-W 77.04' L3 S1927'571Y 107.78' L4 S01'5CO6-W 197.29' L5 S4038'02^M 44.67' L6 S01,56'0" 73.61' L7 S48'46'03"E 56.92' LB S01'56'06Y! 47.54' L9 NSB'03'54'W 24.00' L10 N01-56'OCE 28.42' LlI N4846'03'W 64.67' L12 NO1'56'06-E 90.70' L13 N6533'54'W 9.16' L14 N2426'06'E 20.00' L15 S6533'54"E 9.98' L16 N40'38'02*E 39.42' L17 N01'56'O5"E 100.14' L18 N88'03'54 W 8.01' LIS NOV56'06-E 20.00' L20 S8903'54'E 8.01, L21 N01'56'06'E 52.24' L22 N10'2757-E 37.54' L23 N76'48'54W 8.47' L24 N13'11'06-E 20.00' L25 S76'48'54'E 7.53' L26 N10'27'57"E 56.96' L27 NO1'56'06'E 68.51' EXHIBIT "A" EAST MAONI r NW CORNER OF LOT 2. MULBERRY AND LEMAY CROSSINGS FILING NO. 2 (FOUND AL 0)BRASS T N O� W b 4l0 O � w .n �I� Z b _ 3 FOUND NAIL h BRASS TAG L.S. NO. 24670 L LR L1 Z25 w V LOrP G'f7U.9'6A9Q P RRERAREO �S®6Vr!IlY �O��s'JPL� 5150 OTC RARAWAr PROPOSED 24' < CRIZ-A*V120 P&L4a- COLO.E406' 60111 EMERGENCY ACCESS & URLITY EASEMENT Ai4E9AREO B!? 1.700 S0U7Hll V70Aw S7)WfT, S4117F 126 \ V AORtM GLN.R84W "12 Frt«. \ _ I E%ISTING 24' Sheet 2 4 Y EASCEMENT of & UUTTILf CITY OF FORT COLLINS I4' CN1CG�®�����p �Q��2���5�� a Il LSLik�LSIN[ILSIIV Il A D NU THIS IXHIBR GOES NOT REPRESENT MONUMEN(ED SURI R 6 INTENDED ONLY TO DEPIU THE ATTACHEO DEECRJ T ON. LJ 9 9LSI1 11 A PART OF LOT 2 OF MULBERRY LEMAY CROSSINGS OF S NO.TIO 2. . SITUATED IN THE SW 1/4 OF SECTION 7, T.7N., „ DRAWN Im: scuE R.D.w. n[cf RMN ;7.n R.CO T THE AR P.M. CRY OF FORT COLLINS., COUNTY OF LPRIMER, STATE OF COLORA00 -11 CHECKED ar: wTE: E ....,.,.,.,..�. — ,,,,.,..♦ w.¢nmm -1— 1-1 uui ono—. 11—IT6 MtW 111A1 OFD9 [ Exhibit "A" EASEMENT DEDICATION A 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT BEING A PART OF LOT 2, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS RECORDED NOVEMBER 28, 2001 AT RECEPTION NO. 2001107558 OF THE OFFICIAL RECORDS OF LARIMER COUNTY, COLORADO SITUATE IN THE SW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, MULBERRY AND LEMAY CROSSINGS FILING NO. 2; THENCE N86°08'41 "E A DISTANCE OF 118.92 FEET TO A POINT ON THE NORTH LINE OF AN EXISTING 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT AND THE POINT OF BEGINNING, THENCE, ALONG THE ARC OF ,A CURVE TO THE RIGHT WHOSE CHORD BEARS S76008'31"E A DISTANCE OF 51.24 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23°50'46", A RADIUS OF 124.00 FEET AND AN ARC LENGTH OF 51 61 FEET TO A POINT OF REVERSE CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S76'08'31 "E A DISTANCE OF 31.40 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23°50'46", A RADIUS OF 76.00 FEET, AND AN ARC LENGTH OF 31.63 FEET TO A POINT OF TANGENT, THENCE S88°03'54"E A DISTANCE OF 7.00 FEET TO A POINT OF CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N34°07'48"E A DISTANCE OF 25.39 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 115°36'35"A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 30.27 FEET TO A POINT OF NON -TANGENT; THENCE S48°46'03"E A DISTANCE OF 8.89 FEET, THENCE S01 °56'06"W A DISTANCE OF 27.35 FEET THENCE N88`03'54"W A DISTANCE OF 32.74 FEET, THENCE N73°03'54"W A DISTANCE OF 64.04 FEET; THENCE N88°03'54"W A DISTANCE OF 13.66 FEET; THENCE N01"56 06"E A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 1,401 SQUARE FEET (0.0322 ACRES). THE BEARINGS USED IN THE DESCRIPTION ABOVE ARE BASED UPON THE ASSUMPTiON THAT THE WEST LINE OF SAID LOT 2 (COMMON WITH LOT 6) BEARS N01'56'06" F, AS REFERENCED ON THE RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS BOUNDED ON BOTH ENDS BY A, FOUND PK NAIL AND BRASS TAGS ITS 24670 DATE PREPARED: June 21, 2004 DATE OF LAST REVISION. PREPARED BY. 13RETT L. MILLER, PIES NO. 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY '1300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE. 303-337-1393 Sheet 3 of 4 I k EXHIBIT "A" EAST MAGNOLIA STREET (R.O.W VARIES) FOUND NAIL k Z BRASS TAG L.S. � N0. 24670 CZI O �Z n _212 �N oNl N OKI N urn w 7 V w e v SE CORNER LOT B. AND LEMAY CROSSIP NO. 2. (FOUND NAIL TAG L.S. NO. 2467C /�.7F+'Cr?EC [�C7Nl-7/NS , r r• „ I I I � I \ \ \ EXISTING 24' \ \ \ \ EMERGENCY ACCESSEXIST \\ k UTIUTTY EASEMENT NG 24* \ EMERGENCY ACCESS \ k UTILITY EASEMENT \ I G��OG>�JGUOG1� � I N L1 I _ 1 I L4 — } � � _---_\\ I FWGN G 13 I I \�I LOTP AY//LB�Pi9)'.!RDLEiL9Y I r -' I L9'63'f1L/�8'6A'G! P I I I L� I EXISTING 24' EMERGENCY ACCESS k UTILITY EASEMENT I I LOHIE oa4a 4AML1- COURSE BEARING DISTANCE Lt S88'03'54"E 7.00' L2 S48-46.03"E 8.89, L3 S01'56'06'W 27.35' L4 N88'03'S4'W 32.74' LS N7S03'54'Yi 64.05' L6 N88'03'54 W 13.66' L7 NOT56.06-E 12.OU' cF��cc�lvar scan�E��.. �s;ScTc�L4rEs „ rrr r r- ,r EN(d/NEEF'/Nc'. tiEF,'I//GE LC7MF'.JN)' r, r •r r (gumWE COURSE CENTRAL ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD DISTANCE C7 23'50'46" 124.OD' 51.61' S76'0831"E 51.24' C2 23'50'46" 76.00' 31.63' S76'08'31'E 31.40' C3 115'36'35" 15.0[)' 30.27' N34'07'48"E 25.39' CITY OF FORT COLLINS THIS IXHIBF DOES NOT REPRESEM A MONUMENIED SURVEY. R 15 INTENDED ONLY TO DEPICT THE ATTMHED OESCRIP➢ON. 4of4 LML r�iV WsaIRMEHU A PART OF LOT 2 OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2. SITUATED IN THE SW 1/4 OF SECTION 7, T.7N.. R.68W., OF THE 6TH P.M. ! OF FORT COWNS, COUNTY OF LARIMER, STATE OF COLOI MEMORANDUM DATE: TO: Aimee Jensen, Deputy City Clerk FROM: RE: Resolution PZ04-25 Dedication of an emergency access and utility easement enda Date: September 16, 2004 [G'rantor: City of Fort Collins antee: f1Dyl7onLot South of Magnolia Street and East of Location: Dedication of an emergency access utiMulbex Description: and Lema Crossin Filin No. Account Number: Check #15579 for $ `1 -f and Check #15580 for $ `4 C (for recording purposes) (totaling $ �gi ) (5 of 7 documents, 7 pages - $36) Monetary consideration: 10.j Description: being A 24 foot wide emergency access and utility easemenE",,/4of gal Lot 2, Mulberry and Lemay Crossing Filing No. 2, in [Have T7N,R68W we received other documents or will we be getting more documents in the future related to s one? Yes Project Name% Mulberry and Lemay Crossing Filing No. 2, Lot 2 cc: RESOLUTION NO. PZ04-25 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF AN EMERGECNY ACCESS AND UTILITY EASEMENT ON LOT 2 OF MULBERRY AND LEMAY CROSSING, FILING NO. 2 WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication for an emergency access and utility easement located on the real property known as Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which easement is more particularly described below; and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the "Easement Dedication" conveying an emergency access and utility easement to the City on Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Boar of the City of Fort Collins held this 16`" day of September A.D. 200 Chairman IT F%1 NO 6 MLlfl'ING DATI9/16/04 SIAfI __ Sheri-W=hnf£ (itv of I oft Collins PLANNING AND ZONING BOARD STAF I)EPORT SUBJECT: Resolution PZ04-25 - Accepting the dedication of an emergency access and utility easement on Lot 2 of Mulberry and Lemay Crossing Filing No. 2, located south of Magnolia Street and east of 12`h Street. OWNER: Ft. PqIlins, rtner , LLC, 3300'Enterp se Park qy �eac6v6od, io 44 ,i�2 PROJECT DESCRIPTION: Request to accept an emergency access and utility easement on Lot 2 of Mulberry and Lemay Crossing Filing No. 2, more particularly described on Exhibit"A". RECOMMENDATION: Staff recommends approval of Resolution PZ04-25 EXECUTIVE SUMMARY: An emergency access and utility easement is needed to provide for emergency access and utility service along the front of the Home Depot store. The existing easements dic not work with the proposed building layout and did not follow the proposed driveway in front of the store so new easements needed to be provided. The ownership of the property has split, so several dedications from the two different property owners are needed to obtain all the necessary easements. (OAtAil Nlll I'14NN'INC ,1'',1)1-AVIRONMT.NIA1.S; MICfS 281N. Qil1ege Ave. P_O. Box 5801 ort( ollo, (Y18)522-0580(U'Oi 221G75P I SVVA�, fl I'.AI'IAII '�I DEED OF DEDICATION FOR EASEMENT I1aHE � DEP J7 L BY THESE PRESENTS: That the undersigned U'' '' , being the owner of certain real property in Larimer County, Colorado legally described at Reception No. ** in the Latimer 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 and utilities Municipal Corporation, for public use forever a permanent easement for emerge access/ m the City of Port 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 seats thisa day of June , 2004 **2004-0069586 Grantor: HOME DEPOT U.S.A., INC. By: L t Title: Ann K. rh erectt r ;.Legal Name and Ad�ress: HCYIE DEPOT U.S.A. , INC. 3800 W. Chapman Ave. Orange, CA 98268 ATTEST: By: -----SEE ATTACHED FOR NOTARY AC3 NONLEDGEMENi'---- Title: State of ss County of _) The foregoing instrument was acknowledged before m _ day of 200, by as an as Witness my hand and office My com expires: Notary Public Accepted by the City of Fort Collins on the _ day of , 200_. City Clerk Page is too large to OCR. STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) 2004, before me, a Notary Publk4n and for said state, personally appeared personally known. to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WETNESS my hand�i# official seal. SIGNATURE OF NOTAR LISA M. SMITH� Comm. q Z90415 Ifl NRi Rl vu BUG CAn1.WA (SEAL) �! singe County Hy Comm�E�x,ei Jan. 12, 2005 '+ ATTORNEY'S CERTIFICATION 1 hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 12.3 (C)(3)(a) through (e) 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 an examination of the records of the Gcrk and Recorder of Larimer County, Colorado as of the date of execution of the deed and other information discovered by me throug �asonable inquiry and is limited as authorized by Section 2 2.3(C)(3)(1) of the Land Use Code. Attorney Address ,j iJ 6� !/°P�wa ��C l7/✓c% Registration No. ;,-O (p y (� Date: 3 /,r/ n V Exhibit "A" EASEMENT DEDICATION A 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT BEING A PART OF LOT 2. MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS RECORDED NOVEMBER 28, 2001 AT RECEPTION NO. 2001107558 OF THE OFFICIAL RECORDS OF LARIMER COUNTY, COLORADO SITUATE IN THE SW 1/4 OF SECTION 7, T]N., R.68W.. OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE S88°03'54"E, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 226.58 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 88003'54"E, ALONG SAID NORTH LINE, A DISTANCE OF 24 00 FEET; THENCE S01056'06"W A DISTANCE OF 77.04 FEET; THENCE S10°27'57"W A DISTANCE OF 107.78 FEET; THENCE S01°56'06"W A DISTANCE OF 197.29 FEET, THENCE S40°38'02"W A DISTANCE OF 44.87 FEET; THENCE S01°56'06"W A DISTANCE OF 73.61 FEET; THENCE S48°46'03"E A DISTANCE OF 56.92 FEET; THENCE S0105610611W A DISTANCE OF 4, .54 FEET, THENCE N88°03'54"W A DISTANCE OF 24.00 FEET; THENCE N01 °56'06"E A DISTANCE OF 28.42 FEET, THENCE N48046'03"W A DISTANCE OF 64.67 FEET, THENCE N01 °56'06"E A DISTANCE OF 90.70 FEET, THENCE N65033'54"W A DISTANCE OF 9.16 FEET, THENCE N24°26'06"E A DISTANCE OF 20.00 FEET, THENCE S65°33'54"E A DISTANCE OF 9.98 FEET, THENCE N40°38'02"E A DISTANCE OF 39.42 FEET, THENCE N01'56'06"E A DISTANCE OF 100.14 FEET, THENCE N88°03154"W A DISTANCE OF 8.01 FEET, THENCE N01056'06"E A DISTANCE OF 20.00 FEET, THENCE S88°03'54"E A DISTANCE OF 8.01 FEET, THENCE N01°56'06"E A DISTANCE OF 62.24 FEET; THENCE N10°27'57"E A DISTANCE OF 37.54 FEET; THENCE N76048'54"W A DISTANCE OF 8.47 FEET; THENCE N13°11'06"E A DISTANCE OF 20.00 FEET; THENCE S76048'54"E A DISTANCE OF 7.53 FEET; THENCE N10°27'57"E A DISTANCE OF 56.96 FEET, THENCE N01°56'06"E A DISTANCE OF 68.51 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 16,506 SQUARE FEET (0.3789 ACRES). THE BEARINGS USED IN THE DESCRIPTION ABOVE ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF SAID LOT 2 (COMMON WITH LOT 6) BEARS N01°56'06"E, AS REFERENCED ON THE RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS BOUNDED ON BOTH ENDS BY A FOUND PK NAIL AND BRASS TAGS LS 24670. DATE PREPARED: June 21, 2004 DATE OF LAST REVISION: PREPARED BY: BRETT L. MILLER, PLS NO. 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE: 303-337-1393 Sheet 1 of 4 LINE DATA TABLE COURSE BEARING DISTANCE LI 588'03'54"E 24,00' L2 501'56'06-W 77.04' L3 S1027'57-6 107.78' L4 S01'56'06-W 197.29' LS 540'38'02-W 44.87' 16 SGI'56'06'W 73.61' L7 S48 46'03"E 56.92' 18 S01'56'06'W 47 54' L9 N88'03'54 W 24.00' L10 N01'56'06'E 28.42' L11 N48'46'03-W 64.67' L12 NO1'56'06"E 90.70' L13 N6533'54"W 9.16' Ltd N242606"E 2000. L15 565'33'54'E 9.96' L16 N40'38'02"E 39.42' 1=17 N01'56'06"E 100, 14' L18 N88'0354-W 8.01' 119 N01'56'06"E 2000.' L20 S8603'54'E 8.01' 121 N01'56'06'E 62.24' L22 N10'2 557"E 37.54' L23 N76'48'54-W 8.47' L24 N13-11.06"E 20.00' L25 S76-48.54"E 7.53' L26 N10'27'57"E 56.96' 1 L27 N01'56'06-E 68.51' Psi i�vL>2u4 16,506 5oU4RE FEET OR OJ789 ACRES EXHIBIT "A" EAST MAONI 0 14 V 1 01NT OF COMMENCEMENT NW CORNER OF LOT 2, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 (FOUND NAIL & BRASS TAG NI b o NEI w In NOz � to L20 \ `FOUND NAIL & 4 BRASS TAG L.S. NO. 24670 L 12617 d' V L FA L�- LOT1 wola�ruv�reer V 1 11�f%L11�A�. p PREPARED FOR 5350 OTC PARK r PROPOSED 24' CREEN)WO0 NLLACG 00Z0ROC47 60111 EMERGENCY ACCESS EASEMENT & UTILITY PREPAREO.BY' 14 �OnMC G�f._nW_/Tf — — — —� \ 0 V 37J7 SUITE 126 1300 S011R _ - AURq¢4 COLORACO: soar? V4 =a 6 ---_ L.9 I f I I EXISTING 24' Sheet 2 of 4 / EMERGENCY ACCESS —� @ UTILITY EASEMENT CITY OF FORT COLLINS RIV P 11 Il L�%.1�)LSII�%IILS IV ll NOTE: THIS EXHIJ37 DOES NOT REPRESENT MONUMEMED SURJEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHLO DESCRIPTION. �f��ISII A PART OF LOT 2 OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2. ...H er ICAi RD.W. EILE/ SITUATED IN THE SW 1/4 OF SECTION 7, T.7W, R.68W- OF THE 6TH P.M. CHECKED By DATE osxBLE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO DES 0s/2v04 N \ACADDWCSVGALLOWAY\HOO DE-'0\7COUINS\MULBERRY\EXwOITS\HOMULAs_DE02D.G Exhibit "A" EASEMENT DEDICATION A 24 00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT BEING A PART OF LOT 2, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS RECORDED NOV'EMBER 28, 2001 AT RECEPTION NO. 2001107558 OF THE OFFICIAL RECORDS OF LARIMER COUNTY, COLORADO SITUATE IN THE SW 1/4 OF SECTION 7, T]N., R.68W., OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, MULBERRY AND LEMAY CROSSINGS FILING NO. 2; THENCE N86'08'41"E A DISTANCE OF 118.92 FEET TO A POINT ON THE NORTH LINE OF AN EXISTING 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT AND THE POINT OF BEGINNING, THENCE, ALONG THE ARC OF,A CURVE TO THE RIGHT WHOSE CHORD BEARS S76'08'31"E A DISTANCE OF 51.24 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23°50'46", A RADIUS OF 124.00 FEET AND AN ARC LENGTH OF 51 61 FEET TO A POINT OF REVERSE CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S76'08'31 "E A DISTANCE OF 31.40 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23°50'46", A RADIUS OF 76.00 FEET, AND AN ARC LENGTH OF 31.63 FEET TO A POINT OF TANGENT, THENCE S88'03'54"E A DISTANCE OF 7.00 FEET TO A POINT OF CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N34°07'48"E A DISTANCE OF 25.39 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 115°36'35"A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 30.27 FEET TO A POINT OF NON -TANGENT, THENCE S48'46'03"E A DISTANCE OF 8.89 FEET: THENCE S01 °56'06"W A DISTANCE OF 27 35 FEET THENCE N88`03'54"W A DISTANCE OF 32.74 FEET, THENCE N73'03'54"W A DISTANCE OF 64.04 FEET, THENCE N88°03'54"W A DISTANCE OF 13.66 FEET, THENCE N01 "56'06"E A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 1,401 SQUARE FEET (0.0322 ACRES). THE BEARINGS USED IN THE DESCRIPTION ABOVE ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF SAID LOT 2 (COMMCN WITH '_CT 6) BEARS N01°56'06" E, AS REFERENCED ON THE RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS BOUNDED ON BOTH ENDS BY A FOUND PK NAIL AND BRASS TAGS LS 24670 DATE PREPARED: June 21, 2004 DATE OF LAST REVISION: PREPARED BY. BRETT L. MILLER, PLS NO. 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1:300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE: 303-337-1393 Sheet 3 of 4 EXHIBIT "A" EAST MAGNOLIA STREET (R.O.W VARIES) FOUND NAIL & Z- BRASS TAG /I(J N0. 24670 Q� z I. aN m col w �z o qz I l MCI �NMCCm I NVI v 2 I \ \ \ \ lOJN N N \ \ \ % ¢I EXISTING 24' �6 EMERGENCY ACCESS \ \ J> & UTILITY w EXISTING 24' EASEMENT \ \ \ \ EMERGENCY &UTILITY EASEMENT 3 I u7 /-Z N L6 G� V I � L4 �Lv'rlGl'uII�G�'LI'uIL�tG� � — I - SE CORNER LOT 6, MULBERRY - \ I AND LEMAY CROSSINGS FILING \ NO. 2. (FOUND NAIL & BRASS TAG L.S. NO. 24670) i ffAV .tY!/LBMrAfffL&Wr r J CAMWIMAX&FAMP? I I I L� EXISTING 24' ERGENCY ACCESS S ., 1,401 S0U4REFEET &MUTILITY EASEMENT OR ., 00322 ACRES j LUnMC [3&7&WGULE COURSE BEARING DISTANCE L1 S88'03'54"E 7.00' L2 54846'03"E 8.89' L3 S01'56'06"W 27.35' L4 N88'03'54-W 3274 L5 N73'03'54'W 64.04' L6 NSB'03'54 W 13.66' L7 N01'56'06'E 12.00' PREPARED FOR. 0Aug6 alM7Q' ; hff louy dS yffw 5350 OTC PARKWAY CREENNVOD YILLACE, C0Za%90 PREPARED BY' C�f�0GthL�0vG'12� 64��nf%��i 1300 SOUTH A C L STREET, 116 AURORA 000R400 800 12 EDMWE DAM rL%9dlIE II CENTRAL ARC CHORD CHORD COURSE ANGLE RADIUS LENGTH BEARING DISTANCE Cl 23'S0'46" 124.00' 51.61' S76'08'31'E 51.24' C2 23'S0'46" 76.00' 31.63' S76'08'31'E 31.40' C3 115'36'35" 15.00' 30.27 N34'07'48"E ns.39' CITY OF FORT COLLINS NOTE' ONLYMONUAO DEPICT THE ATTACHEDLEED DEOSCRIPLION. R O.N Sheet 4 of 4 UT'DL= F-6023WRHT' A PART OF LOT 2 OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2. SITUATED IN THE SW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6TH P.M. ' OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COL01 Dedication of Easements E MAGNOLIA ST 'Emergency Access and Utility Easement i Emergency Access and Utility Easement E MULBERRY ST PZ04-25 Dedication of Easement Mulberry and Lemay Crossings, 2nd Filing Vicinity Map August31, 2004 N A RESOLUTION NO. PZ04-26 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF AN EMERGECNY ACCESS AND UTILITY EASEMENT ON LOT 2 OF MULBERRY AND LEMAY CROSSING. FILING NO. 2 WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication for an emergency access and utility easement located on the real property known as Lot 2, Mulberry and Lernay Crossing, Filing No. 2, which easement is more particularly described below; and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the "Easement Dedication" conveying an emergency access and utility easement to the City on Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Boars of the City of Fort Collins held this 16rh day of September A.D. 200� Chairman ATTEST: cretary ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (C)(3)(a) through (e) 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 an examination of 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. Attorney Address J y' (c;s '6 /,,c J 6k, i Registration No. o (` y l< Date: r' Accepted by the City of Fort Collins on the day of , 2004. City Clerk EXHIBIT "A" EAST MAGNOLIA STREET (R.O.W VARIES) N FOUND NAIL & — Z BRASS TAG L.S. Q� NO. 24670 z W <N M KZI b a I �ZlI m I 0 b � �>nl I -4 I N Z S827621'E 8.92• v I I I l I l � EXISTING 24' EMERGENCY ACCESS EXISTING 24' & UTILITY EASEMENT EMERGENCY ACCESS 1 & UTILITY EASEMENT �\ _ L2 _ I SE CORNER LOT 6, MULBERRY AND LEMAY CROSSINGS FILING NO. 2. (FOUND NAIL & BRASS TAG L.S. NO. 24670) LOHIE Bala 4ROLM COURSE BEARING DISTANCE Lt N01'56'O6•E 12.00' L2 S88'03'54'E 32.74' 13 S73'03'54'E 64.04' 1-4 S88-03.54-E 13.66' L5 SOI'56'06'W 27.5D' L6 N88'03'54"W 12.40' I C h L6 A rrWaWr r 41120WALWAV I I I I L JJI EXISTING 24' EMERGENCY ACCESS & UTILITY EASEMENT I I �r-1 [ l]l Ud Y, s[�i17Ef70 S -1 sc'i'[7�/.1 rEs r r rrr r r • rr - r : C�M,LL rr r -r r (WHWE DQ4GQ 4GQDdL COURSE CENTRAL ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD DISTANCE Cl 90'00'00' 15.00' 23.56' N43'03'S4Yl 21.21' C2 23'S0'46' 100.00' 41.62' N76'OB'311V 41.32' C3 23'50'46• 100.OD' 41.62' N76'08'31'W 41.32' CITY OF FORT COLLINS NOTE: THIS EXHIaN DOES NOT REPRESENT A MONUMENTED SURVEY. R 15 INTENDED ONLY TO DEPICT ME ATTACHED DESCRIPTION. Sheet 2 of 2 941V mUVn lEmalEN0S7 &Qx9maa A PART OF LOT 2 OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2. SITUATED IN THE SW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6TH P.M. OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLON Page is too large to OCR. MEMORANDUM DATE: TO: Aimee Jensen, Deputy City Clerk FROM: RE: Resolution PZ04-26 Dedication of an emergency access and utility easement Date: September 16, 2004 Granror: City of Fort Collins Grantee: Ft. Collins Partners 1, LLC Location: South of Magnolia Street and East of 12`� Street Description: Dedication of an emergency access utility easement on Lot 2 of Mulberry and Lemay Crossing Filing No. 2 Account Number: Check # 15579 for 5 and Check #15580 for 3 (for recording purposes) (totaling $ l 51) (6 of 7 documents, 4 pages -21) Monetary consideration: I $10.00 Legal Description: A 24 foot wide emergency access and utility easement being a part of Lot 2, Mulberry and Lemay Crossing Filing No. 21 in the SW Y4 of S7, T7N,R68W Flave we received other documents or will we be getting more documents in the future related to this one? Yes Project Name? Mulberry and Lemay Crossing Filing No. 2, Lot 2 cc: RESOLUTION NO. PZ04-26 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF AN EMERGECNY ACCESS AND UTILITY EASEMENT ON LOT 2 OF MULBERRY AND LEMAY CROSSING, FILING NO. 2 WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication for an emergency access and utility easement located on the real property known as Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which easement is more particularly described below; and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the "Easement Dedication" conveying an emergency access and utility easement to the City on Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Boar ,of the City of Fort Collins held this 16`h day of September A.D. 200 Chairman ATTEST: cretary I I I_M NU - ME F.IING DAI1, 9/16/04__ ,x : s I v I Sheri Watnhoff (ih of I oft (ollinv PLANNING AND ZONING BOARD SUBJECT: Resolution PZ04-26 - Accepting the dedication of an emergency access and utility easement on Lot 2 of Mulberry and Lemay Crossing Filing No. 2, located south of Magnolia Street and east of 12`" Street. OWNER: Ft. Collins Partners I, LLC 3300 Enterprise Parkway Beachwood, Ohio 44122 PROJECT DESCRIPTION: Request to accept an emergency access and utility easement on Lot 2 of Mulberry and Lemay Crossing Filing No. 2, more particularly described on Exhibit"A". RECOMMENDATION: Staff recommends approval of Resolution PZ04-26 EXECUTIVE SUMMARY: An emergency access and utility easement is needed to provide for emergency access and utility service along the front of the Home Depot store. The existing easements did not work with the proposed building layout and did not follow the proposed driveway in front of the store so new easements needed to be provided. The ownership of the property has split, so several dedications from the two different property owners are needed to obtain all the necessary easements. (tAIA11 AIil I'I AVAIA(. AAI)IAAIROA'\7rATAI 51'. R% W Ell 281 N( ollege Ace. Pp.Hox58l1 Port( olhn. (t) WI l'-01H11 (9-11 —I �- �. DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Ft. Collins Partners 1, LLC, being the owner of certain real property in Larimer County, Colorado legally described at Reception No. Z7 / CiJJ 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 emergency access and 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 day of July, 2004. Grantor: FT. COLLINS PARTNERS I, LLC By: JDN Intgtmountaiij Holdings, Inc. By: Title: / C Name and Address: Ft. Collins Partners I, LLC c/o 3300 Enterprise Parkway Beachwood, Ohio 44122 STATE OF O/V lD ) ss. COUNTY OF �Yyf�04_A ) I certify that I know or have satisfactory evidence that I/inO7nV J B/L/de�- who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the 1L1 P/CE ci _—of JDN Intermountain Holdings, Inc., and on oath further stated that said corporation is a member of Ft. Collins Partners I, LLC, a Colorado limited liability company and that said corporation was authorized to execute the instrument on behalf of said limited liability company and that said instrument was the free and voluntary act and deed of said corporation and limited liability company for the uses and purposes therein mentioned. DATED: Nota re ublic Jane C. Jurenek Notary Public — State of Ohio My Commission Expires Dec. 29, 200 ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (C)(3)(a) through (e) 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 an examination of 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 13(C)(3)(t) of the Land Use Code. Attorney Address Registration No. 0, (vt(Lp Date: Accepted by the City of Fort Collins on the day of , 2004. City Clerk Exhibit "A" EASEMENT DEDICATION A 24,00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT BEING A PART OF LOT 2, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS RECORDED NOVEMBER 28, 2001 AT RECEPTION NO. 2001107558 OF THE OFFICIAL RECORDS OF: LARIMER COUNTY, COLORADO SITUATE IN THE SW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, MULBERRY AND LEMAY CROSSINGS FILING NO. 2, THENCE S82°16'21"E A DISTANCE OF 118.92 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT AND THE POINT OF BEGINNING, THENCE N01'56'06"E A DISTANCE OF 12.00 FEET, THENCE S88°03'54"E A DISTANCE OF 32.74 FEET, THENCE S73°03154"E A DISTANCE OF 64.04 FEET, THENCE S88°03'54"E A DISTANCE OF 13.66 FEET, THENCE S01 '56'06"W A DISTANCE OF 27.50 FEET TO A POINT OF CURVATURE; THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N43°03'54"W A DISTANCE OF 21.21 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 90'00'00", A RADIUS OF 15.00 FEET AND AN ARC LENGTH OF 23.56 FEET TO A POINT OF TANGENT, THENCE N88°03'54"W, ALONG SAID TANGENT, A DISTANCE OF 12.40 FEET TO A POINT OF CURVATURE, THENCE, ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS N76`08'31"W A DISTANCE OF 41.32 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23'50'46", A RADIUS OF 100.00 FEET AND AN ARC LENGTH OF 41.62 FEET TO A POINT OF REVERSE CURVATURE; THENCE, ALONG THE ARC OF A CURVE TO THE LEFT WHOSE: CHORD BEARS N76'08'31"W A DISTANCE OF 41.32 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 23°50'46", A RADIUS OF 100.00 FEET AND AN ARC LENGTH OF 41.62 FEET TO A POINT OF NON -TANGENT ON THE SOUTH LINE OF SAID EXISTING 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 1,450 SQUARE FEET (0.0333 ACRES). THE BEARINGS USED IN THE DESCRIPTION ABOVE ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF SAID LOT 2 (COMMON WITH LOT 6) BEARS N01'56'06"E, AS REFERENCED ON THE RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO, 2 AS BOUNDED ON BOTH ENDS BY A FOUND PK NAIL AND BRASS TAGS LS 24670. DATE PREPARED: June 21, 2004 DATE OF LAST REVISION: PREPARED BY: BRETT L. MILLER, PLS NO. 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE: 303-337-1393 Sheet 1 of 2 EXHIBIT "A" EAST MAGNOLIA STREET (R.O.W VARIES) FOUND NAIL & /Ij%Z_ BRASS TAG L.S. z N0. 24670 o aI ry m �o L o w� N m pNl o wy z I _ I S82'i6'_ 21'E — \ I 118.92 I/ � I I I � I � EXISTING 24' EMERGENCY ACCESS EXISTING 24' & UTILITY EASEMENT EMERGENCY ACCESS 1 & UTILITY EASEMENT �\ muuou I S iN% R. ��✓7MULBER� C+? V - AND LEMAY CROSSINGS FILING ���✓�0�✓® TAG L6 2. (FOUND NAIL �Y BRASS �! TAG L.S. N0. 24670) LAU ,ir�Lea�r,®,iaLareer r I Cwaffifs.9L/.irM 1 I I I L� I EXISTING 24'� EMERGENCY ACCESS p c/iT"�� & UTILITY EASEMENT 1, 450 5OLL4RE FEE7 OR 00333 ACRES UMFE DaVa'00L2 COURSE BEARING DISTANCE 11 N01'56'06'E 12.00' L2 S88'03'54'E 32.74' L3 S73'03'54'E 64.04' L4 S88'03'54'E 13.66' L5 S01'56'06"W 27.50' L6 NBF03'54"W 12.40' PREPARED FOR 5350 OTC PARKWAY CRFENML'40D k7ZLA04- COZOR400 PREPARED 6Y' 1300 SOUTH -070IWC STREET, S1117E 126 AURORA, COLO1U00 80012 (DUMWE EDA, Q 4GQD��S COURSE CENTRAL ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD DISTANCE Cl 90'00'00' 15.00' 23.56' N43'03'54"W 21.21' C2 23'50'46' 100.00' 41.62' N7608'3114 4L32' C3 23'50'46' 100.00' 41.62' N76'08'31'W 41.32' CITY OF FORT COLLINS NOTEOry �UMENUEP CNt TED FVEY 1HL `AITJS EDE5CR ILIDN. I D.. BE 1 SCALE 1 R 1). FILE# 1 Sheet 2 of 2 EnmnlEQalEMff z-60QMW VMOUIV M WE tIEIH7 A PART OF LOT 2 OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2- SITUATED IN THE SW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6TH P.M. ' OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Dedication of Easements E MAGNOLIA ST Emergency Access and Utility Easement 1 t 1 i. E MULBERRY ST PZ04-26 Dedication of Easement Mulberry and Lemay Crossings, 2nd Filing Vicinity Map August 31, 2004 N A MEMORANDUM DATE: TO: Aimee Jensen, Deputy City- Clerk FROM: RE: Resolution PZ04-27 Dedication of an emergency access and utility easement Agenda Date: September 16, 2004 Grantor: City of Fort Collins Geantee: Ft. Collins Partners I, LLC Location: South of Magnolia Street and East of 12`s Street Description: Dedication of an emergency access utility easement on Lot 2 of Mulberry and Lemav Crossing Filing No. 2 Account Number: (for recording purposes) Check #15579 for $ �-4 and Check #15580 for $ (totaling $ (7 of 7 documents, 4 pages - $21) Monetary consideration: $10.00 Legal Description: A 24 foot wide emergency access and utility easement being a part of Lot 2, Mulberry and Lemay Crossing Filing No. 2, in the SW '/< of S7, T7N,R68W Have we received other documents or will we be getting more documents in the future related to this one? Yes Project Name? Mulberry and Lemay Crossing Filing No. 2, Lot 2 cc: RESOLUTION NO. PZ04-267 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF AN EMERGECNY ACCESS AND UTILITY EASEMENT ON LOT 2 OF MULBERRY AND LEMAY CROSSING, FILING NO. 2 WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication for an emergency access and utility easement located on the real property known as Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which easement is more particularly described below; and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved bythe Planning and Zoning Board ofthe City of Fort Collins, that the "Easement Dedication" conveying an emergency access and utility easement to the City on Lot 2, Mulberry and Lemay Crossing, Filing No. 2, which deed is attached hereto and incorporated herein by this reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 16th day of September A.D. 2004. j Chair an ATTEST: — " �, C �= — Se tary Page is too large to OCR. I I FNI No, MFF LING DM 1: 9116/04 $ S I A h I �faer� Wamhoff — City o3 Fort Collin" PLANNING AND ZONING BOARD IA1I- REPORT SUBJECT: Resolution PZ04-27 - Accepting the dedication of an emergency access and utility easement on Lot 2 of Mulberry and Lemay Crossing Filing No. 2, located south of Magnolia Street and east of 121h Street. OWNER: Ft. Collins Partners I, LLC 3300 Enterprise Parkway Beachwood. Ohio 44122 PROJECT DESCRIPTION: Request to accept an emergency access and utility easement on Lot 2 of Mulberry and Lemay Crossing Filing No. 2, more particularly described on Exhibit"A". RECOMMENDATION: Staff recommends approval of Resolution PZ04-27 EXECUTIVE SUMMARY: An emergency access and utility easement is needed to provide for emergency access and utility service along the front of the Home Depot store. The existing easements did not work with the proposed building layout and did not follow the proposed driveway in front of the store so new easements needed to be provided. The ownership of the property has split, so several dedications from the two different property owners are needed to obtain all the necessary easements. UMAII'ti 111 I'I AAD I NVIRONMI'-NIAI "FRVICtS 281 % College Avr- R) Box580 rnrl Collin C0>8052' i680 19711l"1_I„90 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Ft. Collins Partners I, LLC, being the owner of certain real property in Larimer County, Colorado legally described at Reception No. / C>--4 SSA 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 emergency access and 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. �fftk Witness our hands and seals this 7 day of July, 2004. Grantor: FT. COLLINS PARTNERS I, LLC By: By: Titic Nan Ft. Collins Partners I, LLC c/o 3300 Enterprise Parkway Beachwood, Ohio 44122 STATE OF ©u 0 ) ss. COUNTY OF 6LV / Ol4 ) I certify that I know or have satisfactory evidence that 7-1en'j7W V T. 3.Qa,''E who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the �10E /�/L�SipE>vT of JDN Intermountain Holdings, Inc., and on oath further stated that said corporation is a member of Ft. Collins Partners I, LLC, a Colorado limited liability company and that said corporation was authorized to execute the instrument on behalf of said limited liability company and that said instrument was the free and voluntary act and deed of said corporation and limited liability company for the uses and purposes therein mentioned. DATED:' D Notary PuWc Ja C. Jureneic Notary Public — State of Ohio My Commission Expires Dec. 29, 2006 ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (C)(3)(a) through (e) 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 an examination of 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 22.3(C)(3)(f) of the Land Use Code. Attorney Address 7�'� Registration No. C (0Q Date: i Accepted by the City of Fort Collins on the day of 2004. City Clerk Exhibit "A" EASEMENT DEDICATION A 24,00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT BEING A PART OF LOT 2, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS RECORDED NOVEMBER 28, 2001 AT RECEPTION NO. 2001107558 OF THE OFFICIAL RECORDS OF LARIMER COUNTY, COLORADO SITUATE IN THE SW 1l4 OF SECTION 7, T.7N., R.68W., OF THE 6T" P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, MULBERRY AND LEMAY CROSSINGS FILING NO. 2, THENCE S83°52'51"E A DISTANCE OF 227.18 FEET TO THE POINT OF BEGINNING, THENCE S88°03'54"E A DISTANCE OF 24.00 FEET; THENCE S01 °56'06"W A, DISTANCE OF 56.41 FEET TO A POINT ON THE EASTERLY LINE OF THE EXISTING 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT AS DEPICTED ON SAID RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO, 2, THENCE N88'03'54"W A DISTANCE OF 24.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID EXISTING 24.00 FOOT WIDE EMERGENCY ACCESS AND UTILITY EASEMENT; THENCE N01°56'06"E A DISTANCE OF 6.20 FEET; THENCE N88°03'54"W A DISTANCE OF 8.00 FEET, THENCE N01 °56'06"E A DISTANCE OF 20.00 FEET; THENCE S88°03'54"E A DISTANCE OF 8.00 FEET; THENCE N01 °56'06"E A DISTANCE OF 30.21 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED EASEMENT CONTAINS 1,540 SQUARE FEET (0.0354 ACRES). THE BEARINGS USED IN THE DESCRIPTION ABOVE ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF SAID LOT 2 (COMMON WITH LOT 6) BEARS N01°56'06"E, AS REFERENCED ON THE RECORDED PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS BOUNDED ON BOTH ENDS BY A FOUND PK NAIL AND BRASS TAGS LS 24670. DATE PREPARED: June 21, 2004 DATE OF LAST REVISION: PREPARED BY BRETT L. MILLER, PLS NO. 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE: 303-337-1393 Sheet 1 of 2 LINE DATA TABLE COURSE BEARING DISTANCE L1 SSF03'54'E 24.00' L2 S01'56'06"W 56.41' L3 NBW03'54"W 24.00' L4 N01'56'06"E 6.20' L5 NBB'03'54 W 8.00, L6 N01'56'06"E 20.00' 17 SBB'03'54"E 8.00' LB N01-56.06"E 30.21' J ZGSYt L s90Gw 1,5405 OU4RE FELT OR O OJ54 ACRES PREPARED FOR' �[Yi7l?I>o GSt�GS'iIL `3iJ rS AAiGK4% 5J50 OTC PARKWAY CREENNYJ00 NLLACE COLOR400 80111 PREP,�pEO, BY' .- L�OG7✓�vG� Gi�i170� 1J00 500WK� 50)2- 125 A(/RQ21, .COLOR.ILYJ:;¢OOJ7 EXHIBIT "A" EAST MAGNOLIA STREET _ (R.O.W VARIES) \S88'03'S4"E 226.58' o FOUND NAIL & BRASS TAG 121 L.S. N0. 24670 pJlw LLEMAY �LMGLOT fi, MULBERRY ROSSINGS FILING o NO,D NAIL & BRASS z 24670) I NJWZOMDeoMKAWL/EN V S� I !.�✓®VW'�i�4hY F®L✓IVSB/�N. \siF I l \ \1 L3G�®OGv✓Gv✓OG L11 _ PROPOSED 24' EMERGENCY ACCESS L 7 v & UTILITY EASEMENT 10 V V L5 L'j EXISTING 24' L ¢ EMERGENCY ACCESS I & UTILITY EASEMEN' Sheet 2 of 2 CITY OF FORT COLLINS 2 0 CGn�L C�a G�JC� TLaI��nC��Cn NOTE THIS Exn113n DOEwI = NON YLPH l A � n Ld7v NONUMENILO ]UNVf Y. II 1: INNNOEI: ONLY TO DEPICT THE ANACNED DESCRIPnON A PART OF LOT 2 OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2. nw.wu ar-. $CALEa Tow. I'll -El SITUATED IN THE SW 1/4 OF SECTION 7, TJN., uwK Y-sc' R.68W., OF THE 6TH P.M. CHECKED BY: DATE DSKmE CITY OF FORT COLLINS, COUNTY OF LARIMER. STATE OF COLORADO DE. NT/21/.9 Dedication of Easements E MAGNOLIA ST Emergency Access and Utility Easement E MULBERRY ST PZ04-27 Dedication of Easement Mulberry and Lemay Crossings, 2nd Filing Vicinity Map August 31, 2004 N A Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.