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HomeMy WebLinkAboutREDTAIL RESIDENTIAL - PDP - 26-01 - SUBMITTAL DOCUMENTS - ROUND 2 - ACCESS, UTILITY, DRAINAGE EASEMENTAGREEMENT For good and valuable consideration, the undersigned parties agree as follows: 1. The City shall not extend the Frontage Road north at the intersection of the Frontage Road and Coronado Court and shall vacate same, abandoning all City right-of-way rights to such northerly extension of such Frontage Road with the exception of restricted access emergency access ways, if any. 2. City agrees to not require any through traffic connection anywhere from Coronado Court to the north, except for the limited emergency access way described above, thus assuring that no vehicular traffic from the north will impact the Coronado Court office neighborhood now or in the future. 3. The owners of the parking lot between Cameron Park Lot 15 and Cameron Park Lot 9, which parking lot is split diagonally by the common lot line between such two lots, in consideration of the foregoing commitments by the City, agree to execute an easement across such parking lot for emergency access using the standard City easement form for such purpose, and in addition, agree to allow the installation of signage, if any, at each end of the parking lot indicating emergency access way and any costs related to the foregoing shall be the sole expense of Lagunitas Fossil Creek, Inc. City of Fort Collins, City Manager Date Fossil Creek 15, LLC, Managing Partner S L8-0L Date �b"qj �/� t Y Lag\��A Vil Creek Inc., President Date J P/hlb CAShared Data F-DR IVE\Documents\RedtaihLegaMgrmt.Emergency Access.Lot 15.042402.doc R/D: 05/28/02 Dom, . I „r 1 P/n- sm/02 , " Ah F T ATTORNEY'S CERTIFICATION a fl hereby certify that the foregoing 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 (except to the extent that such execution has been waived / modified by the Director of Community Planning and Environmental Services of the City) 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. Attorney Address: Registration No.: FAR edtail\Legal\Esmnt. Emergency. Access. FC. Lots. 9,15.052902.doc 7/22/02 ATTORNEY'S CERTIFICATION U U'N I hereby certify that the foregoing 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 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: Registration No.: FARedtaillegaREsmnt. E me rg ency. Access. FC.Lots. 9,15.052902.doc 7/22/02 EXHIBIT A Exact legal description to be determined for an emergency access across the parking lot between Lots 9 and 15, Fossil Creek Office Park. F:\Redtail\Legai\Esmnt. Eme rg ency. Access. FC. Lots. 9,15.052902.doc 7/22/02 Grantor's Printed Name and Address: ATTEST: R All FT Name: Lagunitas Fossil Creek, Inc By: Address: 3944 JFK Parkway, 12-E Title: Fort Collins, CO 80525 State of Colorado) The foregoing instrument was acknowledged before me ) ss this _ day of 20 , by Jonathan J. Prouty County of Larimer) as President, and as of Lagunitas Fossil Creek, Inc. Witness my hand and official seal. My commission expires: Accepted by the City of Fort Collins on the day of City Clerk Notary Public 20_ FARedtail\LegaREsmnt.Emergency.Access. FC. Lots. 9,15.052902.doc 7/22/02 DEED OF DEDICATION FOR A W F T PERMANENT RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS: That the undersigned Fossil Creek 15, LLC and Lagunitas Fossil Creek, Inc., being the owners 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 Municipal Corporation, for public use forever a permanent right-of-way for emergency access purposes 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 right-of-way until permanent improvements have been made and accepted by the City. Witness our hands and seals this Grantor: Fossil Creek 15, LLC an Title: Grantor's Printed Name and Address: day of 20_. ATTEST: Name: By: Address: Title: State of Colorado) ) ss County of Larimer) The foregoing instrument was acknowledged before me this _ day of 20 , by as and as of Fossil Creek 15, LLC. Witness my hand and official seal. My commission expires: Grantor: Lagunitas Fossil Creek, Inc. By: Title President Notary Public F:\Redtail\LegaREsmnt. Em e rgency. Access. FC.Lots. 9,15.052902.doc 7/22/02 LAGUNITAS FOSSIL CREEK INC. 3944 JFK Parkway, Suite 12 E, Fort Collins, CO 80525 970-226-5000• Fax 970-226-5125 July 22, 2002 City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Re: Redtail Project Easement for Emergency Access Dear Sirs: It is our intention to grant an easement to a portion of the parking lot between Lots #15 and 9, Cameron Park Second Filing to the City of Fort Collins for the purpose of an emergency access route. A draft of the Deed of Dedication is attached for your reference. The exact legal description will be added when form is approved. We will need to know which Attorney's Certification will be needed. Note: a copy of the agreement between the private parties who own said lots is also included for your reference. Sincerely, Jon Prouty President J P/vd