HomeMy WebLinkAboutSW PROSPECT & I-25 - ROADWAY PROJECT - RP180001 - SUBMITTAL DOCUMENTS - ROUND 1 - (4)CERTIFICATE OF DEDICATION:
The Owner does hereby dedicate and convey to the City of Fort Collins, Colorado (hereafter
“City”), for public use, forever, a permanent right-of-way for street purposes as laid out within
Exhibit A; provided, however, that (1) acceptance by the City of this dedication of Easements
does not impose upon the City a duty to maintain the Easements so dedicated, and (2)
acceptance by the City of this dedication of streets does not impose upon the City a duty to
maintain streets so dedicated until such time as the provisions of the Maintenance Guarantee
have been fully satisfied. The streets dedicated on by Exhibit A are the fee property of the
City as provided in Section 31-23-107 C.R.S. The City's rights under the Easements include
the right to install, operate, access, maintain, repair, reconstruct, remove and replace within
the Easements public improvements consistent with the intended purpose of the Easements;
the right to install, maintain and use gates in any fences that cross the Easements; the right
to mark the location of the Easements with suitable markers; and the right to permit other
public utilities to exercise these same rights. Owner reserves the right to use the Easements
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 Easements, but by acceptance of this dedication, the City does
not accept the duty of maintenance of the Easements, or of improvements in the Easements
that are not owned by the City. Owner will maintain the surface of the Easements 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, Owner will not install on the Easements, or permit the installation
on the Easements, 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 Easements, the City has the right to
require the Owner to remove such obstacles from the Easements. If Owner does not
remove such obstacles, the City may remove such obstacles without any liability or
obligation for repair and replacement thereof, and charge the Owner 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 Plat inure to the benefit of the City's agents, licensees,
permittees and assigns.