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HomeMy WebLinkAbout112 W. MAGNOLIA STREET PARKING LOT - FDP - FDP180017 - SUBMITTAL DOCUMENTS - ROUND 1 - EASEMENTSDEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned v.kllo:ra{~~V\k.. I (iJ."Grantor"A, ), being the owner in the Larimer of certain County real Records, property in in consideration Larimer County, ofTen Colorado Dollars ($legally~cribed 10.00) in hand paid, as 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 Irb \.;-t i~.!2 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 (the "Easement"). 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. Except as expressly permitted in an approved plan of development or other written agreement with the City, Grantor will not install on the Easement, or permit the installation on the Easement, 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 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. [SIGNATURES ON FOLLOWING PAGE] Witness our hands and seals this t" day :Title: of :,1'\-J\~t~ "3 U ,20~. ~~\Je.cr- ATTEST: By: 6wJiCe &t-c" Title: No.h;...rj f.;)&FC State of (() Ior~ ) ) ss County of &(_{..l« ) The foregoing instrument was acknowledged before me this ..l!_ day of j'\ ~J ' 2010. by blcllL. /110£1'- as viu e(t~,-k..J,and as _ Witness my hand and official seal. My commission expires: KANDICE SACA NOTARYPUBUC STATE OF COLORADO NOTARY 1020094010634 MY COMMISSION EXPIRES NOVEMBER 21, 2021 This Deed of Dedication 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 day of ,201_. Rick Richter As delegee for the Director of Planning, Development, and Transportation Service Unit ATTEST: City Clerk ATTORNEY'S CERTIFICATION I hereby certify that the forgoing 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 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)(f) of the Land Use Code. Attorney Address _ Registration No. _ Date: _ EXHIBIT A PARCEL DESCRIPTION EASEMENT DEDICATION A parcel ofland, being part of Lots I and 2, Block 113, Fort Collins as recorded January 18, 1873 as Reception No. 1727 of the Records of the Larimer County Clerk and Recorder, located in the Southeast Quarter (SE 1/4) of Section Eleven (11), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: The South 9.00 feet of Lot I, the West 8.00 feet of Lots 1 and 2, and the East 15.00 feet of Lots 1 and 2, Block 113, Fort Collins. Said described parcel ofland contains 3,803 Square Feet or 0.087 Acres, more or less (±). SURVEYOR'S STATEMENT I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. Steven Parks - on behalf of King Surveyors Colorado Licensed Professional Land Surveyor #38348 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011 P:120160589IDESCRIPTIONSIU&2.BI13.doc Page I of2 EASEMENT DEDICATION EXHIBIT-A LOTS 1 & 2, BLOCK 113, FORT COLLINS PAGE 2 OF 2 LOT3 190.00' ~ LOT2 ~ BLOCK 113, ~ FORT COLLINS ~ 190.00' ~ 15' G LOTI ~ ~ WEST MAGNOLIA STREET NOTE:This exhibit drawing is not intended to be a monumentedland survey. It's sole purpose is as a graphic representation to aid in the visualizationof the written property description which it accompanies. The written property description supersedesthe exhibit drawing. NOTICE:According to Coloradolow you must commenceany legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commencedmore than ten years from the dote of the certification shown hereon. (13-80-105 C.R.S.2012) 40 20 0 40 1"= 40' Steven Parks - On Behalf Of King Surveyors ColorodoLicensedProfessional Land Surveyor#38348 KING SURVEYORS PROJECT NO:20160589 DATE:4/5/2017 CUENT: QUALl1Y ENG. DWG:20160589EXH DRAWN: COL CHECKED: SIP 650 E. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-5011 I fax: (970) 686-5821 email: contact@KingSurveyors.com