HomeMy WebLinkAboutMARTINEZ PUD - FINAL - 4-97A - CORRESPONDENCE - EASEMENTSAPPROVED AS TO FORM:
Assistant City Attorney
STATE OF COLORADO )
) SS
COUNTY OF LARMER )
The foregoing instrument was acknowledged before me this
1997, by as and
Witness my hand and official seal.
My Commission expires:
Notary Public
day of ,
_ as
EASEMENT
The undersigned Grantor for and in consideration of DOLLARS and other
good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant
and convey unto Wonderland Hill Development Company whose address is 745 Poplar
Avenue Boulder, Colorado 80304 (the Grantee) its successors, assigns, lessees, licensees and
agents a non exclusive, perpetual easement for storm drainage flows across all of the hereinafter
described real property fully described on Exhibit "A" attached hereto and by this reference
made a part hereof.
Grantee shall be responsible for all damages caused to Grantor or Grantor's property arising
from the Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold
Grantor harmless from any claim, loss or damage, including reasonable attorney's fees, arising
out of or in any way associated with Grantee's use of the easement. In addition, the Grantee shall
not exercise any rights herein granted that shall interfere, hinder or in any way disrupt the
Grantor's use of Grantor's property. In addition, the both parties agree to the stipulations stated in
the attached agreement (Exhibit "B") attached hereto and by this reference made a part hereof.
The Grantor reserves the right to occupy and use said easement for all purposes not inconsistent
with the rights herein granted. The rights, conditions and provisions of this easement shall inure
to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns
of the respective parties hereto.
Dated this _ day of , 1997
C= OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
6. The parties agree to prohibit the installation of any concrete pans as part of the swale to
be constructed on the park property.
7. The City will be responsible for maintenance of the swale and the storm sewer on the
park property. The City will not be responsible for maintenance of the storm sewer on
private property.
8. The parties agree that upon completion of the offsite grading, the disturbed area shall be
stabilized to prevent erosion and when the weather allows the area shall be reseeded as
required by the City of Fort Collins Parks and Recreation Department.
9. The parties agree that any future work in the easement area other than maintenance work
by City employees shall not be done without the written approval from the City.
It is mutually agreed that all covenants and agreements herein contained shall be binding
upon all parties, their heirs, personal representatives and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written
WONDERLAND HILL DEVELOPMENT COMPANY
Attest
CITY OF FORT COLLINS
Mayor
Attest
EXHIBIT "B„
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1997, by
and among WONDERLAND HILL DEVELOPMENT COMPANY, hereinafter referred to as
Wonderland and the CITY OF FORT COLLINS, COLORADO, hereinafter referred to as the
"City,"
WITNESSETH:
Whereas, Wonderland represents to be the owner of a property adjacent to the southern boundary
of Lee Martinez Park; and
Whereas, Wonderland proposes to develop the property as a combined residential / commercial
project as described on the Plat titled " A Plat of Martinez P.U.D." Construction drawings
entitled "Final Utility Plans for Martinez P.U.D. are incorporated herein by reference. All
construction to be done in accordance with the plans as approved by the City; and
Whereas, the historical surface drainage from the property owned by Wonderland have naturally
and ultimately flowed into Lee Martinez Park if not obstructed; and
Whereas, the City is the owner of Lee Martinez Park, a recreation facility, adjoining the
proposed development; and
Whereas, the parties desire to provide adequate storm drainage conveyance facilities on the Lee
Martinez Park property to convey the surface flows from Martinez P.U.D. safely through and
around Lee Martinez P.U.D.
NOW THEREFORE, in consideration of the foregoing, parties agree to the following
1. The parties agree to the dedication of a drainage easement on the Lee Martinez Park
property. Said easement as described in attached Exhibit A is incorporated herein by
reference.
2. The parties agree to construction of a grass lined swale to be constructed as shown on
Sheet 11 of the Final Utility Plans for Martinez P.U.D. and incorporated herein by
reference. Said swale to be constructed in accordance with Section X-X as shown on the
Final Utility Plans for Martinez P.U.D. A copy of Section X-X is attached as Exhibit B.
Said swale to be constructed within said drainage easement as described in attached
Exhibit A
3. The parties agree to construction of two storm sewers to be constructed as shown on
Sheets 11 and 16 of the Final Utility Plans for Martinez P.U.D. and incorporated herein
by reference.
4. The parties agree to installation of buried riprap at at the outfall of the storm sewers as
shown on Sheet 16 of the Final Utility Plans for Martinez P.U.D. and incorporated herein
by reference. Said riprap to be buried in accordance with the detail shown on the
referenced construction drawings.
5. The parties agree to prohibit the installation of any future drainage infrastructure which
would create a point discharge of water onto the park property.
DESCRIPTION FOR A DRAINAGE EASEMENT:
A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69
Westof the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado,
being more particularly described as follows:
Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South
00°06'14" West from a Brass cap at the Northeast Corner of said Section 11 to a Brass cap at the
East one- quarter corner of said Section I 1 and with all bearings contained herein relative thereto:
Commencing at the Northeast Corner of said Section 11; thence along the East line of the
Northeast Quarter of said Section 11, South 00°06'14" West, 1107.06 feet; thence North
89°53'46" West, 260.00 feet; thence, South 00106'14" West, 132.07 feet; thence, North
88°03'22" West, 236.46 feet; thence, North 68134'19" West, 97.79 feet to the POINT OF
BEGINNING; thence, North 00' 00'00" East, 177.53 feet; thence, South 46°50'55" West, 29.74
feet to a point on a curve concave to the Northwest having a central angle of 46°26'33", a radius
of 185.00 feet an the chord of which bears South 70°04'12" West, 145.88 feet; thence along the
arc of said curve 149.96 feet; thence, North 86041'20' West, 179.00 feet; thence, North 63°38'52"
West, 404.17 feet; thence, North 11054157" East, 39.29 feet; thence, North 24°14'16" East, 47.32
feet; thence, North 65°45'44" West, 50.00 feet; thence, South 24°14'16" West, 47.32 feet; thence,
North 65°45'44" West, 47.29 feet; thence, North 45°47'57" West, 378.06 feet; thence, North
44012'03" East , 50.00 feet; thence, South 45°47'57" East, 354.74 feet; thence, North 75°08'30"
East, 67.18 feet; thence, South 65 45'44" East, 50.00 feet; thence, South 37 02'29" East, 98.47
feet; thence, South 70°51'18" East, 251.95 feet; thence, South 62°27'42" East, 110.00 feet;
thence, South 78°52'00" East, 154.47 feet; thence, North 77028,511, East, 50.87 feet; thence,
North 46°50'55" East, 118.78 feet; thence, South 43°09'05" East, 50.00 feet; thence, South
46'50'55" West, 61.63 feet; thence, South 00°00'00" East, 224.03 feet; thence, South 50058'50"
West, 25.74 feet, thence, North 00000'00" East, 44.15 feet to the Point of Beginning.
The above described tract of land contains 0.264 acres and is subject to all easements and
rights -of- way now on record or existing.
77900la3.wpd
9/13/97
13
SEAR -BROWN
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6S, S 37'02'29" E
S 2• W / /Ope4. M 98.47'
47.32'
N 65*45'44IN
47 29' N 2N 24-14'16" E/ 3 )0
I gs,
PROP 39.29'/ j S
O M
'9R
SCALE 1"-100'
9/5/97
NOTE: NO PROPOSED OR EXISTING
EASEMENTS SHOWN HEREON.
DRAINAGE EASEMENT
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER
OF.SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS.
COUNTY OF LARIMER, STATE OF COLORADO
NORTHEAST CORNER —
SECTION 11, T7N, R69W
FND. BRASS CAP
EAST LINE OF THE NORTHEAST
QUARTER OF SEC. 11
N 46'50'55" E (BASIS OF BEARINGS)
1181.78'
S 43*09*05" E
N 77'28'51" E 50.00'
50.87'
S 7852.00
5 46'SO'S5" W /
61.63'
179.00' _ T S 46'S0'S5
" W
./
729.4
A 4626'33' �R-15.00' ol
.QU.E
T 3- 7yy.T 177.3'
L - 19.96'
�
CH S' 70'04
145�12" W
PGINT OF
BEGINNING \
N 00'00'00E ,
44.15' `, 1
S 00'00'00" E
224.03'
`S 50'58'50" W
25.74'
0
O
o
o �
m
N 89'53'46" W I I
a
o
0 0
O �
o n
N 88'03'22" W
236.46'
EAST 1/4 CORNER —
SECTION 11, 7714, R69W
FND. BRASS CAP
DESCRIPTION FOR A UTILITY EASEMENT:
A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69 West
of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being
more particularly described as follows:
Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00°06'14"
West from a Brass cap at the Northeast Corner of said Section 11 to a Brass cap at the East one -
quarter corner of said Section 11 and with all bearings contained herein relative thereto:
Commencing at the Northeast Corner of said Section 11; thence along the East line of the Northeast
Quarter of said Section 11, South 00°06'14" West, 1107.06 feet; thence North 89053'46 West,
260.00 feet; thence, South 00006' 14" West, 132.07 feet; thence, North 88003'22" West, 236.46 feet;
thence, North 68034' 19" West, 97.79 feet; thence, South 00000'00" West, 49.64 feet to a point on a
non -tangent curve concave to the West having a central angle of 32°41'43, a radius of 129.50 feet
and the chord of which bears South 16°20'52" East, 72.90 feet, said point being the POINT OF
BEGINNING; thence along the arc of said curve 73.90 feet; thence, South 00000'00" East, 92.45 feet
to a point on the North line of Cherry Street; thence along said North line, North 90°00'00" West,
9.00 feet; thence departing said North line, North 00°00'00" East, 92.45 feet to a point on a curve
concave to the West having a central angle of 25°15'22", a radius of 120.50 feet and the chord of
which bears North 12°37'41" West, 52.69 feet; thence along the arc of said curve 53.12 feet to a
point on a non -tangent line; thence along said line, North 00000'00" East, 18.54 feet to the Point of
Beginning.
The above described tract of land contains 1,406 square feet and is subject to all easements and
rights -of -way now on record or existing.
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9/13/97
SEAR -BROWN
UTILITY EASEMENT
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER
OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO
SCALE 1"=50'
9/5/97
NOTE: NO PROPOSED OR EXISTING
EASEMENTS ARE
SHOWN HEREON.
Coll
o
A= 25'15'22"- -,
R = 120.50'
T = 27.00' I
L = 53.12'
CH = N 12'37'41" W
PROPOSED 52.69'
MARTINEZ P.U.D.
I
N 00'00'00" E —
92.45'
NORTH LINE OF
CHERRY STREET
N 6834'9w
9j�9 W
of
a
NORTHEAST CORNER
SECTION 11, T7N, R69W
FNO. BRASS CAP
3 1
to 0
o �
o n
o
EAST LINE OF THE NORTHEAST N
QUARTER OF SEC. 11
(BASIS OF BEARINGS)
N 89'S3'46" w �
260.00'
N 88'03'22" W
POINT OF BEGINNING
236.46'
A =
32'41'43"
R =
129.50'
T =
37.99'
L =
73.90'
CH
= S 16'20'52" E
72.90'
S 00'00'00" E
92.45'
CHERRY ST. �N 90000" W
9.
Ire
EAST 1 /4 CORNER -�
SECTION 11, T7N, R69W
FND. BRASS CAP
SEAR -BROWN
A - 2914'17"
R - 125.00'
T - 32.60'
L - 63.79'
CH - N 7527'06' E
- 2914'17' —` 63.f0'
R - 70.00'
T - 18.26'
L - 35.72'
CH - N 7527'06'
35.33'
00'04'14' E
20.00'
S 8935'46' E 119.68'
`i
Z1
EAST LINE OF
SHERWOOD ST.
PUBLIC ACCESS, UTILITY AND DRAINAGE EASEMENT
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER
OF SECTION 11. TOWNSHIP 7 NORTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS.
COUNTY OF LARIMER, STATE OF COLORADO
LEE MARTINEZ PARK
E N 60'49'57' E\ S 89/3/55''4/466''' E 153.47'
27.96
17,098 S.F.
T 1�1
N 893546' W / 406.40'
PROPOSED MARTINEZ PUD
78'29'13' E
13.89,
m
S 0004'14' W
61.29'
POINT OF
BEGINNING
N 45'47'57'
490.69'
N 63'38'52'
404.17'
SCALE 1'-50'
9/5/97
NOTE: NO PROPOSED OR EXISTING
EASEMENTS ARE
SHOWN HEREON.
N 86'41'20' W-7
179.00'
N 50'03'46' W
131.60'
N 68'34'19'
160.25'
NORTHEAST CORNER —
SECDON 11. T7N, R69W
FND. BRASS CAP
EAST LINE OF THE N(
OUARTER OF SEC. 11
(BASIS OF BEARINGS)
S 00'06'14' W
132.07'
N 8803'22'
236.46'
N 89'53'46'
260.00'
EAST 1/4 CORNERS
SECTION 11. T7N, R69W
FND. BRASS CAP
v
u
.4111k•
DESCRIPTION FOR A PUBLIC ACCESS, UTILITY AND DRAINAGE EASEMENT:
A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69 Westof
the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00°06' 14"
West from a Brass cap at the Northeast Corner of said Section 11 to a Brass cap at the East one -
quarter corner of said Section 11 and with all bearings contained herein relative thereto:
Commencing at the Northeast Comer of said Section 11; thence along the East line of the Northeast
Quarter of said Section 11, South 00006'14" West, 1107.06 feet; thence North 89°53'46" West,
260.00 feet; thence, South 00°06' 14" West, 132.07 feet; thence, North 88003122" West, 236.46 feet;
thence, North 68°34' 19" West,160.25 feet; thence, North 50°03'46" West,131.60 feet; thence, North
86°41'20" West, 179.00 feet; thence, North 63°38'52 West, 404.17 feet; thence, North 45°47'57"
West, 460.69 feet to the POINT OF BEGINNING; thence, North 89055'46"West, 406.40 feet to a
point on the East line of Sherwood Street; thence along said Eastline, North 00°04'14" East, 20.00
feet; thence, South 89°55'46" East, 119.68 feet to a point on a curve concave to the Northwest having
a central angle of 29014'17", a radius of 70.00 and the chord of which bears North 75°27'06" East,
35.33 feet; thence along the arc of said curve 35.72 feet; thence, North 60049'57', 27.96 feet to a
point on a curve concave to the Southeast having a central angle of 29014'17, a radius of 125.00 feet
and the chord of which bears North 75027'06" East, 63.10 feet; thence along the arc of said curve
63.10 feet; thence, South 89°55'46" East, 153.47 feet; thence, North 78029'13" East, 13.89 feet;
thence, South 00°04' 14" West, 61.29 feet to the Point of Beginning.
The above described tract of land contains 0.393 acres and is subject to all easements and
rights -of -way now on record or existing.
77900la4.wpd
9/13/97
LETTER OF TRANSMITTAL
TO Steve Olt
City of Fort Collins Planning
RE: Martinez P.U.D.
Project No. 1558-01-97
WE ARE SENDING YOU:
_ Shop drawings _ Prints _ Plans _ Samples _ Specifications
_ Copy of letter _ Change order _ Easement Legals and exhibits
COPIES DATE NO. DESCRIPTION
10/22/97 1 Offsite Drainage Easement in Lee Martinez Park
10/22/97 1 DRAFT of Offsite Drainage Easement Agreement
10/22/97 1 Offsite Utility Easement on east- side of Fat Tire
Lane
10/22/97 1 Offsite Public Access Utility and Drainage .
Easement at Sherwood Street
THESE ARE TRANSMITTED as checked below:
X For approval _ Approved as submitted
X For your use _ Approved as noted
_ As requested _ Returned for corrections
For review and comment
_ Resubmit copies for approval
_ Submit copies for distribution
_ Return —corrected prints
_ FOR BIDS DUE 19_ _ PRINTS RETURNED AFTER LOAN TO US
REMARKS These are the offsite easement descriptions and legals. The easement agreement
for the drainage easement in Martinez Park is being reviewed by the attorney for the Parks and
Rec Devartment. All these_ easements are being dedicated by the City. Please Route these to
Stormwater and Engineering for their review. ` \
COPY TO Wonderland Hills Development SIGNED:
Mark Oberschmidt
10/9/97
FAX - OLT 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 FAX (970) 282-0311