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Home My WebLink AboutWILLOW BROOK THIRD - Filed ED-EASEMENT DEDICATION - 2012-08-03NOTICE Easement AD 12-04 (aka EAS 120011) for access and emergency access on Lot 45 and Tract A of Willow Brook Filing No. 3 was fully signed, but was not filed at Larimer County Clerk and Recorder due to the fact that the turnaround easement did not get recorded prior to the need to vacate the easement. The temporary turnaround easement was needed due to the construction phasing of the site. Stardust Lane was extended and constructed prior to the easement being recorded. Rather than record the easement and then process an easement vacation it was determined that we would just not record the document. Because plans, documents and records may indicate the existence of this easement a copy of this document has been kept along with this notice to clarify the decisions made. July 2, 2012 l�l oT Kssve-17 DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned NVH Development, LLC ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as Lot 45 and Tract A, WILLOW BROOK FILING NO. 3 (see exhibits A and B) 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 ("City"), whose mailing address for purposes of this deed is P.O. Box 580, Fort Collins, CO 80522, for public use an easement for access and emergency 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 (the "Easement"). Upon initial acceptance of Phase 3B within WILLOW BROOK FILING NO.3, this easement will no longer be needed and will be able to be vacated in its entirety. The City's rights under the Easement include the right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easement public improvements consistent with the intended purpose of the Easement; the right to install, maintain and use gates in any fences that cross the Easement; the right to mark the location of the Easement with suitable markers; and the right to permit other public utilities to exercise these same rights. Grantor reserves the right to use the Easement for purposes that do not interfere with the full enjoyment of the rights hereby granted. The City is responsible for maintenance of its own improvements and for repairing any damage caused by its activities in the Easement, but by acceptance of this dedication, the City does not accept the duty of maintenance of the Easement, or of improvements in the Easement that are not owned by the City. Grantor will maintain the surface of the Easement in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements. Except as expressly permitted in an approved plan of development or other written agreement with the City, Grantor will not install on the Easement, or permit the installation on the Easement, of any building, structure, improvement, fence, retaining wall, sidewalk, tree or other landscaping (other than usual and customary grasses and other ground cover). In the event such obstacles are installed in the Easement, the City has the right to require the Grantor to remove such obstacles from the Easement. If Grantor does not remove such obstacles, the City may remove such obstacles without any liability or obligation for repair and replacement thereof, and charge the Grantor the City's costs for such removal. If the City chooses not to remove the obstacles, the City will not be liable for any damage to the obstacles or any other property to which they are attached. The rights granted to the City by this Deed inure to the benefit of the City's agents, licensees, permittees and assigns. [SIGNATURES ON FOLLOWING PAGE] City Clerk's Office, Fort Collins, Colorado My commission expires Witness our hands and seals this day of, 2012. Grantor: NVH Development, LLC, a Delaware limited liability company 4 LOWE ENTERPRISES REAL ESTATE GROUP CENTRAL, INC., a Colorado corporation By: A14 W '*—, Name: R. Wa er Its: President 6312 S. Fiddlers Green Cir., Suite 125E Greenwood Village, CO 80111 The foregoing instrument was acknowledged before me this �4 day of , 201 L, by )e jet)2are iV- as P` 511 ' t , and _Y� as X's, Witness my hand and official seal. Not Pu4iF 0� 0 9� -6`0 4p CO LOPP o Z-O)RES 10�3o`ry This Deed of Dedication is accepted by the Director of Planning, Development, and Transportation Service Unit pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this j- day Of k r �wV-\c �V�4 201 '� . 6 As delegee for the Director of Planning, Development, and Transportation Service Unit EST: • L Mortgagee's Certificate: The undersigned as Mortgage Holder on part or all of the said Property shown hereon does hereby consent and agree to the easement across said Property. TCF National Bank By: Jeff Bas as Vice President Date: �'� 2— Id ATTORNEY'S CERTIFICATION co, 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)(0 of the Land Use Code. Attorney Address ! 5 5 0 Denver O T02.0ZJ Registration No. _ 3 P 4 )4 Date: x A o A z 19 EXHIBIT A EMERGENCY ACCESS EASEMENT A PARCEL BEING A PORTION OF LOT 45, WILLOW BROOK FILING NO. 3, RECORDED IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER AT RECEPTION NO. 20110032993, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER SAID LOT 45; THENCE ALONG THE EAST LOT LINE OF SAID LOT 45, S 01°23'24" W, PER SAID PLAT, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, 25.58 FEET; THENCE 53.48 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, OF RADIUS 60.00', A CENTRAL ANGLE OF 51004'18", CHORD BEARING OF S 42042'32" W, CHORD LENGTH OF 51.73 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT, OF RADIUS 40.00', A CENTRAL ANGLE OF 69047'15", CHORD BEARING S 33021'03" W, CHORD LENGTH OF 45.76 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE STAR DUST LANE; THENCE ALONG SAID RIGHT OF WAY LINE, N 01°32'34" W, 88.66 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, OF RADIUS 14.00', A CENTRAL ANGLE OF 92055'58", CHORD BEARING N 44055'25" E, CHORD LENGTH OF 20.30 FEET, ALSO BEING THE SOUTHEAST RIGHT-OF-WAY LINE OF THE INTERSECTION OF STARDUST LANE AND VOYAGER LANE; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF VOYAGER LANE, S 88036'36" E, 48.93 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 0.087 ACRES MORE OR LESS. I, CHAD R. WASHBURN, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. 1�6�Z01 CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR COLORADO NO. 37963.11 FOR AND ON BEHALF OF WASHBURN LAND SURVEYING, LLC p t N FOR AND ON BEHALF OF TST, INC. CONSULTING ENGINEERS. 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