HomeMy WebLinkAboutEVERGREEN PARK FOURTH - Filed ED-EASEMENT DEDICATION - 2016-08-17MEMORANDUM
DATE: October 17, 2013
TO: Aimee Jensen, Deputy City Clerk
FROM: Tyler Siegmund, Engineering
RE: AD 13-29 /Drainage Easement Dedication- 1330 Blue Spruce Dr
Agenda Date:
October 17, 2013
Grantor:
Kaufman and Robinson, Inc
1330 Blue Spruce Dr
Fort Collins, CO 805
Grantee:
CITY OF FORT COLLINS
Location:
1330 Blue S ruce Dr Lot 1, Evergreen Park Fourth Filin
Description:
Dedication of a drainage easement on Lot 1, Evergreen Park Fourth
Filing
Please process the vacation of drainage easement (AD13-28)
prior to the dedication of drainage easement documents (AD13-
29
Account Number:
Check #20849 for $56.00 (10 pages total)
for the drainage easement vacation- See AD13-28
(for recording purposes)
3 pages
7 a es for the drainaize easement dedication
Monetary consideration:
Legal Description:
$10.00
Lot 1, Evergreen Park Fourth Filing, City of Fort Collins, Larimer
County, Colorado, Northwest Quarter of Section 1, Township 7
North, Range 69 West of the Sixth P.M,
Parcel # (s)
9701217001
Have we received other documents or will we be getting mote documents in the future related to
this one? Yes
Project Name? Kaufman and Robinson Office Development
DEED OF DEDICATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: Thai the undersigned KAUFMAN AND ROBINSON, INC.
("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as LOT 1,
EVERGREEN PARK FOURTH FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO in the Larimer County Records, inconsideration 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 forever a permanent easement for Drainage purposes in the City
of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows and further depicted on
Exhibit `A' attached hereto and incorporated herein (the "Easement"):
Drainage Easement Description (Lot 1, Evergreen .Park. Fourth Filing);
That portion of Lot 1, EVERGREEN PARK FOURTH FILING, City of Fort Collins, Colorado, situate
In the Northwest Quarter of Section 1, "Township 7 North, Range 69 West ofthe 6th P.M., City of Fort
Collins, County of Latimer, State of Colorado, being more particularly described as follows;
Considering; the East line of said Lot I as bearing North 00°0W00" West and with all bearings contained
herein relative thereto;
BEGINNING,' at the Northeast comer of said Lot 1; thence along the North line of said Lot I, North
89058'05" West 78.00 feet; thence departing said North line and parallel with the East line of said Lot 1,
South 00100'00" East 110.00 feet; thence South 45°00'00" West 6.99 feet; thence parallel with the
South line of said Lot 1, North 89058'30" West 72.77 feet; thence parallel with the Fast line of said Lot
1, South 00100'00" East 85.00 feet to a plaint on the South line of said Lot 1; thence along said South "
line, South 89°58'30" East 155.71 feet to the Southeast corner of said Lot 1; thence along the East line of
said Lot 1, North 00°00'00" West 199,93 feet to the Northeast corner of said of Lot 1, EVERGREEN
PARK FOURTH FILING and the POINT OF BEGINNING.
The above described Drainage Easement contains 22,212.8 square feet (0.51 acres), more or less, and is
subject to any existing easements and/or rights of way of record.
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.
lUml\prjt11-6543-Ridgeiinc\( 0C,L)RAINArif EASL Mr:N'nCOrc EASEMENT DEDICATION 09-05-13.doc
lopment or other
tten
eement with
Except as expressly permitted in an approved plan on the Easement, ofanybuilding, structureeimpro improvement,
City, Grantor
will not install on the Easement, or permit the Ins grasses and other ground
fence, retaining wall, sidewalk, tree or other landscaping (other than usual and customary g
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.
Witness our hands and seals this th
day of Ste_, 2013.
GRANTOR: KAUFMAN AND ROBINSON, INC.
�R MP• S VA HA.i
By:
with title
Date:---t-�-f a ° l 3
Date: a G 1 -
Address:
ATTEST:
9, C,
/��`�.,�'�`• �""`.sir
By with title
STATE OF COLORADO )
SS
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of ' 2013, by
as T('>Z(.15 :l r e,y' , and as
of Kaufman and Robinson, Inc.
Witness my hand and official seal.
My commission expires: ��� l �� � 217� �
AMY E LINCOLN
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20054021468
MY COMMISSION EXPIRES MAY 31, 2017
Notary u is
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2
ACCEPTANCE
This Deed of Dedication of Easement 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 1A_day of C9c , 2013.
ATTEST:
City Clerk
By: a�v
As: .�` trt'Gy»r arms 3ccrrrUi7
ATTORNEY'S CERTIFICATION
I hereby certify that the forgoing Deed of Dedication of Easement 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.
' `tea � ' �" � • �.
• G
Registration No. I qC6*2.t
Date: bck-Jow 34 ;.01 ;k
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LENDER RATIFICATION
The undersigned, having a security interest in all or any part of the property, approves,
ratifies, confirms and consents to the foregoing Deed of Dedication of Easement for the purposes
of subordinating such security interest to the Deed of Dedication of Easement.
Dated this Z day of September, 2013.
ADMINISTRATOR, UNITED STATES
OMAS S ALL BUSINESW,4
RATION
71,
TSTATES
T / /7� J-
rM
State of California
County of Fresno
On SFP 2 5 2013 before a Notary Public,
personally appeared W`--> CC2etyyU , who proved to me on the basis of
satisfactory evidence to be the person(s) whose nameM is/are subscribed to the within
instrument and acknowledged to me that-he/she/they executed the same in-htis/her/their
authorized capacity(ies), and that by-lrrs/her/thei•�signature('s) on the instrument, the person(, or
the entity upon behalf of which the personN acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signa�tue!,§
r t',
SANDRA WINT— ERS
Commission # 1930169
a "-u Notary Public - California i
i - Fresno County
My Comm. Ex ires Apr 22, 2015
4
SLOPE EASEMENT BENEFICIARY RATIFICATION
The undersigned, being the beneficiary of the Slope Easement granted in the Easement
Dedication dated September 16, 1998 and recorded in the office of the Larimer County Clerk
and Recorder on September 16, 1998 at Reception Number 98080283 described as follows:
Beginning at the northwest corner of Lot 3, Block 5, Replat (No.1) of Evergreen Park,
and being the TRUE POINT OF BEGINNING of this description; Thence continuing North
90°00'00" East, 383.00 feet; Thence South 00°00'00" West 5.00 feet; Thence South 90°00'00"
West 383.00 feet to the west property line of said Lot 3; Thence continuing along the west
property line of said Lot 3, North 0°00'00" West 5.00 feet to the TRUE POINT OF
BEGINNING;
approves, ratifies, confirms and consents to the foregoing Deed of Dedication of Easement.
Dated this 2nd day of October, 2013.
Premier Plaza Condominium Association,
a Colorado non-profit corporation
Attest:
By:
Je akepeace, President
Patricia Reiter, Secretary
STATE OF COLORADO
ss.
COUNTY OF LARIMER
Acknowledged before me this 2nd day of October, 2013, by Jeff Makepeace as s�R
of Premier Plaza Condominium Association, a Colorado non-pr rt corporation.
Witness my hand and official seal r '• pUgLi�
My commission expires: &/Z ........
ary Public Cow
GQit1.
STATE OF COLOR -ADO )
1 ss.
COUNTY OF LARIMER )
Acknowledged before me this 2nd day of October, 2013, by Patricia Reiter, as Secretary
of Premier Plaza Condominium Association, a Colorado non-profit corporation.
Witness my hand and officiO se . -
My commission expires:/
RW$,E,
5
STATEMENT OF AUTHORITY
(C.R.S. Section 38-30-172)
This Statement of Authority is executed on behalf of the entity named below pursuant to
C.R.S. Section 38-30-172.
1. Name of entity: Kaufinan & Robinson, Inc.
2. Type of entity: a Colorado corporation
3. State of formation: Colorado
4. Mailing address: P.O. Box 1070, Fort Collins, CO 80522
5. Person authorized to execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the entity: James R. Kahn, Treasurer.
6. The authority of the foregoing person is limited to signing and recording that certain
Deed of Dedication of Easement dated September 9, 2013 from the entity to the City of Fort Collins,
Colorado.
Dated this 3 ra day of October, 2013.
Kaufinan & Robinson, Inc.,
a Colorado corporation
By: a.^
James R. Kahn, Treasurer
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
M�
The foregoing instrument was acknowledged before me this aJ day of October, 2013, by
James R. Kahn, as Treasurer of Kaufinan & Robinson, Inc., a Colorado corporation.
Witness my hand and official seal.
My commission expires:
-7-(9 �r
Notary Public
p I NOW
�11
CAI
Original Document Returned to: 6
Jeffrey J. Johnson, Myatt Brandes & Gast, PC
323 South College Avenue, Suite #1, Fort Collins, Colorado 80524
BLUE SPRUCE DRIVE
80' Right Of Way
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