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HomeMy WebLinkAboutSAGE CREEK - FDP - 25-98C - CORRESPONDENCE - PROJECT SUBMITTAL AND RESUBMITTALIt is mutually agreed between the parties hereto that: A. Except to the extent that such rights may be inconsistent with or interfere with the rights and privileges herein granted to the District, the Grantor shall retain the right to use and enjoy the Easement. B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs, personal representatives, successors, or assigns of the parties hereto. C. Whenever used herein, the singular shall include the plural and the plural the singular and the use of any gender shall apply to all genders. written. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above GRANTOR: By: STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) z1:100 The foregoing strument was acknowledged before me this 3 day of HAY P9- by C� �2/Es S,�,k'c J�FF�r,¢N Witness my hand and official seal. JO�lyn� U®TARV°~' PUBUC r nc r%rtiaan STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) My Commission Expires: V• otary Pub GRANTEE: FORT COLLINS LOVELAND — WATER DISTRICT, a Political Subdivision of the State of Colorado Michael D. DiTullio, Manager The foregoing instrument was acknowledged before me this _ day of Witness my hand and official seal. My Commission Expires: Notary Public 199_ by 9 placed in locations which will minimize interference with any reasonable use of the Easement area by the Grantor. G. All other rights necessary and incident to the full and, complete use and enjoyment of the Easement for the purposes herein granted. The Grantor hereby covenants and agrees to and with the District, its successors and assigns that: A. Except as otherwise provided in subparagraph A, the Grantor, its heirs, personal representatives, administrators, successors, and assigns shall not erect or place any permanent building, structure, improvement, fence, tree, or other landscaping on the Easement. In the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A, the District shall have the right to require the Grantor to remove such obstacles from the Easement and, in the event the Grantor fails to do so upon request, the District may remove such obstacles without any liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantor, its heirs, personal representatives, administrators, successors, and assigns shall have the right, without the consent of the District, to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary for the full use and enjoyment of the Property. However, the District shall not be responsible for repair or replacement of any "exotic" plantings, ornamental trees, or similar landscaping other than usual and customary ground covering and shrubs. B. The Grantor does hereby covenant and agree to and with the District that the Grantor is lawfully seized of the Easement and the Grantor's Property, and that the Grantor has a good and lawful right to convey the Easement to the District and that the Grantor warrants the title thereto. The District does hereby covenant and agree to and with the Grantor as follows: A. The District shall not fence or otherwise enclose the easement, except during periods of construction and repair. B. All trenches and excavations made in the laying or repairing of the domestic waterline shall be properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All large gravel, stones, and clods will be removed from the finished backfill. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of said Easement by the Grantor shall be suitable for the purpose now used. The District will maintain the trench area and the domestic waterline. C. In the event the Grantor's Property is being used for grazing purposes, the District agrees that, during the period of construction of the domestic waterline or any subsequent alteration, removal or replacement of said domestic waterline, the District will leave or arrange for reasonable crossings over the Easement for cattle and livestock of the Grantor and its tenants and lessees. Further, whenever it becomes necessary for the District, its agents or contractors to cut a fence on the Grantor's Property, the District shall, at its option, either keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock through such opening, or to construction in any one or more places substantial gates with dual locks and to furnish the Grantor with one (1) set of keys thereto. Before any such fence is cut by the District, the fence shall be braced in order to'prevent slackening of wires along the fence in each direction from the District's temporary opening. D. In the event the Grantor's Property is being used for production of any crops which require irrigation at the time the pipeline is constructed as set forth in the Agreement, the District agrees, unless otherwise provided, to install and operate flumes or appropriate crossing devices across the Easement at all times during such construction operations. The District further agrees, unless otherwise provided, not to block, dam, or obstruct in any manner any irrigation canal, drainage ditches, or creeks located on the Grantor's Property and further agrees to replace or repair any levees or banks disturbed or damaged by the activities of the District on the Grantor's Property. E. The District shall pay the fair market value for any crops, fences, or livestock of the Grantor, his tenants and lessees which are damaged or destroyed as a result of the construction, operation, and maintenance of the domestic waterline. F. To the extent allowed by law, the District shall be liable for loss and damage which shall be caused by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent acts or omission of its agents or employees during the course of their employment on the Grantor's Property. 2 EASEMENT AND RIGHT-OF-WAY AGREEMENT Z-000 THIS AGREEMENT, made and entered into as of the 3 day of MAT i99' , by and between Hereinafter referred to as "the Grantor" and Fort Collins -Loveland Water District, a Political Subdivision of the State of Colorado, hereinafter referred to as "the District". WITNESSETH: For and in consideration of the mutual promises and covenants herein contained and the sum of Dollars ($ 1.00 ) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent non exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of one (1) or more domestic waterlines for the transmission and distribution of domestic water, and all underground and surface appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon: A foot right-of-wayy and easement, the centerline of which is described as follows: 56E A71i9r.(tEO 6,44, A,I A*+ 0 The parties hereto acknowledge that said easement and right-of-way (hereinafter referred to as "the Easement") is located on a parcel of property owned by the Grantor legally described as follows and hereinafter referred to as "the Grantor's Property": SEE 47T.x4Ea In addition to the foregoing grant of easement and right-of-way by the Grantor to the District, the Grantor further grants and conveys to the District the following rights and privileges: A. The right to grade the Easement for the full width thereof in such manner as the District may reasonably determine to be necessary or advisable. B. The right to support pipelines located within the Easement across ravines and watercourses with such structures as the District shall reasonably determine to be necessary or advisable. C. The right of ingress and egress to and from the Easement by means of existing roads (whether public or private) located on the Grantor's Property, if any, or in the absence of such roads, by such other routes as the District shall determine to be reasonably necessary taking into consideration the minimization of damage to the Grantor's Property. Notwithstanding the foregoing, in the event the Grantor' Property is subdivided and in the event roads are dedicated on the plat of such property, which roads provide adequate access to the Easement, then the District's right of ingress and egress over the Grantor's Property to the Easement shall be limited to such dedicated roads. D. The right to grade, construct, maintain, and use any private roads upon the Grantor's Property in such manner as the District may deem necessary or advisable in the exercise of its right of ingress and egress to and from the Easement. E. To install, maintain, and use gates or other livestock barriers on all fences which now cross or hereafter cross the Easement. F. To mark the location of the Easement with markers set in the ground provided that any such markers remaining after the period of construction of the domestic waterline and appurtenances shall be SEAR -BROWN FORT COLLINS/LOVELAND WATER DISTRICT EASEMENT EXHIBIT S 7 U)476- j,'" A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, MANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE* OF COLORADO. SCALE: 1." .= 50' DATE 2=01-0.0 LAST QUARTER CORNER SEC..5, T.6N., R:68W. FOUND 2-1/2"ALUMIN'UM CAP. RBD NC. LS 14823 N 88'35'03" E I 32.00', , r*7' , . j I z 0 ro p j �2 1 W , 3r/ �� Z ' A .POINT ON THE WEST �6,159 S.F./N� I RIGHT-OF-WAY LINE 'CD AC.� o' �0\ 1 P.O.B. N / I o`✓ N 79.41'32° W z ; 30,64' „60�78• I '. N 79•g1 ►• � • 1 Q- - a , Uj .``., Ln I US ¢ z :I 7 IN W . 0 it0] 1 LLI 0 A 'I W Z' cnLj O m 1 J IH SOUTHEAST CORNER 3 SEC. r T.Chi 0.681N. FOUND. 2-1%2"ALUMINUM CAP o RBD INC. LS 14823 o • m " a N'QTE: NO. RECORDED OR EXISTING z_ EASEMENTSSHOWN HEREON.: o _ 1 o-2-01-2000' "RAN CST-1192-0472 - •� •4 THE SEAR —BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOUTH MELDRUM FORT COLLINS, COLORADO 80521-2603 970-482-5922 FAX:970-482-6368 wnrE2 L,�NE R�/o�aroN E4s1yE,uT - Exti;d,r,4 DESCRIPTION: An Easement located in the Southeast Quarter of Section 5, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 5 as bearing North 01 °24'57" West with all bearings contained herein relative thereto: Commencing at the Southeast Comer of said Section 5; thence along said East line, North 01 °24'57" West, 716.12 feet; thence, North 79°41'32" West, 30.64 feet to a point on the West right-of-way line of County Road 9, said point being the POINT OF BEGINNING; thence departing said line, North 79°41'32" West, 60.78 feet; thence, North 01°25'20" West, 52.14 feet; thence, North 43°36'50" East, 38.89 feet; thence, North 01024'57" West, 44.72 feet; thence, North 88°35'03" East, 32.00 feet to a point on said West right-of-way line; thence along said line, South 01 °24'57" East, 136.69 feet to the POINT OF BEGINNING. The above described easement contains 0.141 acres more or less and is subject to all easements and rights -of -way now on record or existing. 861001 ut.wpd 2/01/00 R.A.N. NEW YORK • PENNSYLVANIA COLORADO•UTAH•WYOMING STANDARDS IN EXCELLENCE EQUAL OPPORTUNITY EMPLOYER written. It is mutually agreed between the parties hereto that: A. Except to the extent that such rights may be inconsistent with or interfere with the rights and privileges herein granted to the District, the Grantor shall retain the right to use and enjoy the Easement. B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs, personal representatives, successors, or assigns of the parties hereto. C. Whenever used herein, the singular shall include the plural and the plural the singular and the use of any gender shall apply to all genders. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above GRANTOR: By: STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was - acknowledged before me thi r day of AaAA .199— by Witness my hand and official seal. ANT. JO/y�� � ARY y PUB- LiC ri liVbO Y� STATE OF COLORADO ) .) ss. COUNTY OF LARIMER ) My Commissio xpires: I/Ci0w1fl WME— fM-050=2 tary Public SOUTH FORT COLLINS SANITATION DISTRICT, a Political Subdivision of the State of Colorado L-A Michael D. DiTullio, Manager The foregoing instrument was, acknowledged before me this _ day of 199_ by Witness my hand and official seal. My Commission Expires: Notary Public 3 F. To mark the location of the Easement with markers set in the ground provided that any such markers remaining after the period of construction of the sanitary sewer line and appurtenances shall be placed in locations which will minimize interference with any reasonable use of the Easement area by the Grantor. G. All other rights necessary and incident to the full and complete use and enjoyment of the Easement for the purposes herein granted. The Grantor hereby covenants and agrees to and with the District, its successors and assigns that: A. Except as otherwise provided in subparagraph A, the Grantor, its heirs, personal representatives, administrators, successors, and assigns shall not erect or place any permanent building, structure, improvement, fence, tree, or other landscaping on the Easement. In the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A, the District shall have the right to require the Grantor to remove such obstacles from the Easement and, in the event the Grantor fails to do so upon request, the District may remove such obstacles without any liability for repair or replacement thereof. Notwithstanding the foregoing, the Grantor, its heirs, personal representatives, administrators, successors, and assigns shall have the right, without the consent of the District, to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary for the full use and enjoyment of the Property. However, the District shall not be responsible for repair or replacement of any "exotic" plantings, ornamental trees, or similar landscaping other than usual and customary groundcovering and shrubs. B. The Grantor does hereby covenant and agree to and with the District that the Grantor is lawfully seized of the Easement and the Grantor's Property, and that the Grantor has a good and lawful right to convey the Easement to the District and that the Grantor warrants the title thereto. The District does hereby covenant and agree to and with the Grantor as follows: A. The District shall not fence or otherwise enclose the easement, except during periods of construction and repair. B. All trenches and excavations made in the laying or repairing of the sanitary sewer line shall be properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top. All large gravel, stones, and clods will be removed from the finished backfrll. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of said Easement by the Grantor shall be suitable for the purpose now used. The District will maintain the trench area and the sanitary sewer line. C. In the event the Grantor's Property is being used for grazing purposes, the District agrees that, during the period of construction of the sanitary sewer line or any subsequent alteration, removal or replacement of said sanitary sewer line, the District will leave or arrange for reasonable crossings over the Easement for cattle and livestock of the Grantor and its tenants and lessees. Further, whenever it becomes necessary for the District, its agents or contractors to cut a fence on the Grantor's Property, the District shall, at its option, either keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock through such opening, or to construction in any one or more places substantial gates with dual locks and to famish the Grantor with one (1) set of keys thereto. Before any such fence is cut by the District, the fence shall be braced in order to prevent slackening of wires along the fence in each direction from the District's temporary opening. D. In the event the Grantor's Property is being used for production of any crops which require irrigation at the time the pipeline is constructed as set forth in the Agreement, the District agrees, unless otherwise provided, to install and operate flumes or appropriate crossing devices across the Easement at all times during such construction operations. The District further agrees, unless otherwise provided, not to block, dam, or obstruct in any manner any irrigation canal, drainage ditches, or creeks located on the Grantor's Property and further agrees to replace or repair any levees or banks disturbed or damaged by the activities of the District on the Grantor's Property. E. The District shall pay the fair market value for any crops, fences, or livestock of the Grantor, his tenants and lessees which are damaged or destroyed as a result of the construction, operation, and maintenance of the sanitary sewer line. F. To the extent allowed by law, the District shall be liable for loss and damage which shall be caused by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent acts or omission of its agents or employees during the course of their employment on the Grantor's Property. 2 EASEMENT AND RIGHT-OF-WAY AGREEMENT Z000 THIS AGREEMENT, made and entered into as of the 3 day of MA 1J 499 , by and between hereinafter referred to as "the Grantor" and South Fort Collins Sanitation District, a Political Subdivision of the State of Colorado, hereinafter referred to as "the District". WITNESSETH: For and in consideration of the mutual promises and covenants herein contained and the sum of I Dollars ($ 1.00 ) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent non exclusive easement for the installation, construction, maintenance, inspection, operation, replacement, or removal of one (1) or more sanitary sewer lines for the collection and service of sanitary sewer and wastewater, and all underground and surface appurtenances thereto, including metering stations and other fixtures, in, over, across, and upon: A foot right-of-way and easement, the centerline of which is described as follows: 56, 471Acti60 Ex�,b.rA The parties hereto acknowledge that said easement and right-of-way (hereinafter referred to as "the Easement") is located on a parcel of property owned by the Grantor legally described as follows and hereinafter referred to as "the Grantor's Property": 5EE 471.4C4E0 EX�lb/rA In addition to the foregoing grant of easement and right-of-way by the Grantor to the District, the Grantor further grants and conveys to the District the following rights and privileges: A. The right to grade the Easement for the full width thereof in such manner as the District may reasonably determine to be necessary or advisable. B. The right to support pipelines located within the Easement across ravines and watercourses with such structures as the District shall reasonably determine to be necessary or advisable. C. The right of ingress and egress to and from the Easement by means of existing roads (whether public or private) located on the Grantor's Property, if any, or in the absence of such roads, by such other routes as the District shall determine to be reasonably necessary taking into consideration the minimization of damage to the Grantor's Property. Notwithstanding the foregoing, in the event the Grantor' Property is subdivided and in the event roads are dedicated on the plat of such property, which roads provide adequate access to the Easement, then the District's right of ingress and egress over the Grantor's Property to the Easement shall be limited to such dedicated roads. D. The right to grade, construct, maintain, and use any private roads upon the Grantor's Property in such manner as the District may deem necessary or advisable in the exercise of its right of ingress and egress to and from the Easement. E. To install, maintain, and use gates or other livestock barriers on all fences which now cross or hereafter cross the Easement. SEAR -BROWN SANITARY SEWER EASEMENT EXHIBIT B AN EASEMENT BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. SCALE: 1" = 50' DATE 3-23-00 PRIVATE ACCESS, UTILITY AND DRAINAGE EASEMENT TRACT Q HARVEST PARK SUBDIVISION TRACT L UTILITY AND DRAINAGE EASEMENT N 794132" W 370.98' ' L I I0 Z m iU U V' I w 0' 11 in(j O ' Ula Z z I Q1 J ' m 1n O S 01*24'57" E 654.53' �' wlw of O' �7-: I. N 01'24'57" W rn 30.58' L. V' ' NIo i MOw z �sA'^���yr 80'12'34" S 01'24'57" E $ TARj;^S ��^^r»3 r}30.58' �N �— ll o'.os�� EASEjNEIy /- z S,F,/ T Iw N 80 f��.4w C:�l��ll� 2 34 �l I o 233.36 NOTE: NO RECORDED OR EXISTING EASEMENTS SHOWN HEREON. 3-23-2000 RAN CST-1192-0472 P.O.B. I A POINT ON THE S 88'35'03" W i OD I WEST R/W LINE OF 30.00' 64 .S N ao , COUNTY ROAD 9 i I 0rl AST ORNER SEC. 5, T.6N. CR 68W. P-0-C" ? FOUND 2-1/2-ALUMINUM CAP RBD INC. LS 14823 ;i} f- E. THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOUTH MELDRUM FORT COLLINS, COLORADO 80521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION - SANITARY SEWER EASEMENT Exy, b)"T A An easement located in the Southeast Quarter of Section 5, Township 6 North, Range 68 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 Southeast Quarter of Section 5 as bearing North 01 °24'57" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of Section 5; thence along said East line, North 01°24'57" West, 785.84 feet; thence departing said line, South 88°35'03" West, 30.00 feet to the POINT OF BEGINNING, said point also being a point on the West right-of-way line of County Road No. 9; thence departing said West line, North 80°12'34" West, 233.36 feet to a point on the East line of Harvest Park Subdivision; thence along said East line of said Harvest Park Subdivision, North 01°24'57" West, 30.58 feet; thence departing said line, South 80°12'34" East, 233.36 feet to a point on said West right-of-way line of County Road No. 9; thence along said line, South 01 °24'57" East, 30.58 feet to the POINT OF BEGINNING. The above described easement contains 0.161 acres more or less and is subject to all easements and rights -of -ways now on record or existing. 861001 sa.wpd 3/20/00 RAN NEW YORK•PENNSYLVANIA COLORADO•UTAH•WYOMING STANDARDS IN EXCELLENCE EOUALOPPORTUNITY EMPLOYER DEED OF DEDICATION FOR DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Charles Spike Hoffman and Kimberly I Hoffman 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 easement for I)P-Alnl ACrE 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 the "t day of Hac. , 2000. Grantor: By: f� Title: OW /Jt<,- ATTE T: �A( T I Title: O W N E2_ State of 00 /OKf100 ) ) ss County of Z"I Neg- ) The foregoing instrument was acknowledged before me this 3 day of J'/AP 20 o U by 40>4nlas vw t-)C=p and klim b<5'! as Witness my hand and official seal. My commission expires: My Commission Expires05/29/2002 �l s P�j Tr n"q, �' �l✓t�?1�;�`b 8 otary Pub `��� `` ... " r�Y Accepted by the City of Fort Collins on the _ day of City Clerk \\FC2101\USR2\JOBS\861-001a\docs\Easements\hoffman McClelland Channel drainage easement 3 27 2000.doc SEAR -BROWN DRAINAGE EASEMENT EXHIBIT 5 AN EASEMENT BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. PRIVATE ACCESS, UTILITY AND DRAINAGE EASEMENT TRACT Q z Sz7 0 3-23-2000 RAN CST-1192-0472 S 66SS %. HARVEST PARK SUBDIVISION n 0 ` TRACT L N tri 0/ UTILITY AND DRAINAGE o/ Z / EASEMENT N 79'41'32" W 370.9g �l SCALE: 1" = 50' DATE 3-23-00 S 01 *24*57" E 654.53' NOTE: NO RECORDED OR EXISTING EASEMENTS SHOWN HEREON. DRAINAGE EASEMENT � /6.30 5./.� /0.3 N 79'41'T�•� P.O.B. A POINT ON THE WEST R/W LINE OF COUNTY ROAD 9 .72 m 0 F IU w fn Q I'- ww m wow ol= f- Q�o w mZ J Ir w w 0 O Z r- �13 S 88'35'03" W I n 30.00' 1 N N SOUTHEAST CORNER SEC. 5, T.6N., R.68W. FOUND 2-1/2"ALUMINUM CAP R8D INC. LS 14823 0 P.O.C. ? THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOUTH MELDRUM FORT COLLINS, COLORADO 80521-2603 970-482-5922 FAX:970-482-6368 DESCRIPTION - DRAINAGE EASEMENT — EX ti "b'7 * 4 it To DF.EO An easement located in the Southeast Quarter of Section 5, Township 6 North, Range 68 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 Southeast Quarter of Section 5 as bearing North 01 °24'57" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of Section 5; thence along said East line, North 01°24'57" West, 722.94 feet; thence departing said line, South 88°35'03" West, 30.00 feet to the POINT OF BEGINNING, said point also being a point on the West right-of-way line of County Road No. 9; thence departing said West line, North 79041'32" West, 233.79 feet to the Southeast comer of Harvest Park Subdivision; thence along the East line of said Harvest Park Subdivision, North 01°24'57" West, 85.04 feet; thence, South 66100'55" East, 55.77 feet; thence, South 81°09'36" East, 181.43 feet to a point on said West right-of-way line of County Road No. 9; thence along said line, South 01°24'57" East, 76.32 feet to the POINT OF BEGINNING. The above described easement contains 0.394 acres more or less and is subject to all easements and rights -of -ways now on record or existing. 861001da.wpd 3/20/00 RAN NEW YORK•PENNSYLVANIA COLORADO•UTAH•WYOMING STANDARDS IN EXCELLENCE EQUAL OPPORTUNITY EMPLOYER T3 0 s 0 e m 63 z z SEAR -BROWN ADDITIONAL RIGHT—OF—WAY EXHIBITS Row AcrGec6n&,vr A TRACT OF LAND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. PRIVATE ACCESS, N 88'35'03" E UTILITY AND DRAINAGE 12.00' EASEMENT TRACT Q ADDITIONAL N� °co ° HARVEST PARK RIGHT-OF-WAY °° SUBDIVISION WEST 3 w 2,250 S.F. n n TRACT L 0,052 AC. SCALE: 1" = 50' o 0 UTILITY AND DRAINAGE DATE 3-23-00 z h EASEMENT N 79'41'32" K, 37p.98, N 79'41'32" W 12.26' 3-23-2000 RAN CST-1192-0472 NOTE: NO RECORDED OR EXISTING EASEMENTS SHOWN HEREON. P.O.B. A POINT ON THE WEST R/W LINE OF tilw� S 88'35'03" W COUNTY ROAD 9 30.00' — SOUTHEAST CORNER SEC. 5, T.6N., R.68W. FOUND 2-1/2-ALUMINUM CAP RBD INC. LS 14823 ci Z I� IZ C �U a � w � IN o 0 0 C U �i w cc z z\ J " 7� wIN \m � o 0 N ow ¢I6 Z Jw �z IJ Ln O i< Iw w x N DEED OF DEDICATION FOR COUNTY ROAD NO. 9 RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS: That the undersigned Charles Spike Hoffman and Kimberly J Hoffman , 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 public street 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 the day of /tLA , 2000. Grant oW/� By: Title: OW A)64 ATTEST: 1 By; lr Title: 060 E K _ State of 0010R,400 ) ss County of Z.41z' NeX_ ) The fore ping instrument was acknowledged before me this day of 20 oo , by 0119 - /E s lllflw.- ,Aj as ou., ,o F and ,i! • : ��k iy 1."f�Fx" •:y,,!as �Jw ,t! CkL- Witness my hand and official seal. My commission expires: MyCommissinnFxpines05/29/2M2 ' C3� Njary Public `�►��� Accepted by the City of Fort Collins on the _ day of , 2� 00 City Clerk L:\JOBS\861-001a\docs\Easements\Spike Hoffman Right of way Dedication 3 27 2000.doc - .1 THE SEAR -BROWN GROUP FULL -SERVICE DESIGN PROFESSIONALS 209 SOUTH MELDRUM FORT COLLINS, COLORADO 80521-2603 970-482-5922 FAX: 970-482-6368 DESCRIPTION -ADDITIONAL RIGHT-OF-WAY - Exti%6;T'iQ- )ZOO) AraGK�ME�' A tract of land located in the Southeast Quarter of Section 5, Township 6 North, Range 68 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 Southeast Quarter of Section 5 as bearing North 01 °24'57" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of Section 5; thence along said East line, North 01°24'57" West, 722.94 feet; thence departing said line, South 88°35'03" West, 30.00 feet to the POINT OF BEGINNING, said point also being a point on the West right-of-way line of County Road No. 9; thence departing said West line, North 79°41'32" West, 12.26 feet; thence parallel to said West line, North 01 °24'57" West, 186.22 feet; thence, North 88035'03" East,12.00 feet to a point on said West right-of-way line of County Road No. 9; thence along said line, South 01 °24'57" East, 188.71 feet to the POINT OF BEGINNING. The above described easement contains 0.052 acres more or less and is subject to all easements and rights -of -ways now on record or existing. 861001rw.wpd 3/21/00 RAN NEW YORK•PENNSYLVANIA COLORADO•UTAH•WYOMING STANDARDS IN EXCELLENCE EOUALOPPORTUNITY EMPLOYER FEB-15-2000 TUE 03:U0 PM WRITEN PUNUHASING FAX NO 3037794370 P. 02102 LETTER OF INTENT To: City of Fort Collins From: The Writer Corporation Date: February 14, 2000 In regard to the I larvest Park, PUD, The Writer Corporation ("Writer") agrees to cooperate with the City of Fort Collins, as well as the The James Company, by granting temporary construction easements, grading easements and slope easements to re -grade the McClelland channel and construction of vehicle and pedestrian bridges. Writer also agrees to cooperate with the City of Fort Collins and The lames Company in granting easements necessary for the installation of tile sewer and water line, the widening of County Road #9, and the installation of a box culvert across County Road #9. Notwithstanding anything slated in the Letter of Intent to the contrary, Writer's agreements hereunder are subject to Writer's ability to develop Harvest PUD, without unreasonable delay or interference. Should you have any By STATE OF COLORADO) please call me at 303-779-4100. G(date) ) ss. COUNTY OFQ) Tie foregoing instrument was acknowledkcd before me this �5 day of 2000, by o a ��Ytcc Qr�sidatnX. �. •Vitgp�nmyhanand official seal. ssion expires• Al-:Zg -D . •,.';�, •. • .;•.. a` Notary Public - 'wI q(/lflllll{ll�(rf'%r l'hc Wfit�r k orporation (Axil S. Willow Drive, Smile 2.12 Ln-1mood, Colorwlu 80111 3X779.4100, JAX 303-779-109 JarmesCompany 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 (303) 443-6666 (303) 443-6777 Fax rI Friday, May 05, 2000 Ron Fuchs Staff Planner, City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80525 Re: Sage Creek Compliance Plans Resubmittal Dear Ron, Enclosed is a complete resubmittal of our compliance plans. We have made an in- depth effort in most cases by one to one contact with all of the staff members to make sure that this resubmittal is complete and is the final review. Unless there are additional staff member comments, we believe that we are done and we hope that our next submittal will be the mylars and check set. Since the development agreement is probably under way for Harvest Park, and most of it applies to Sage Creek, I would hope that work could begin soon on Sage Creek. With the mylar submittal, we will also be submitting our development permit application. I have enclosed a copy of the fully executed off -site easements for our development, and have given a copy of the same to Mark McCullum. If you have any questions, please contact me directly. Let me know at your earliest convenience when we can expect review comments. Jim James Company c.c. Mark McCullum