HomeMy WebLinkAboutBREEZE THRU HEADQUARTERS - FDP190003 - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENTDEED OF DEDICATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Wenga, LLC (“Grantor”), being the
owner of certain real property in Larimer County, Colorado legally described as a portion of Lots 3 and 4 in the
Southwest Quarter of Section 12, Township 6 North, Range 69 West of the 6th P.M. 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 (“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 emergency access 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 of emergency vehicles and personnel to access the Easement;
the right to designate the Easement as a fire lane with the enforcement of provisions required through said designation
of a fire lane; and the right to cite, ticket, and/or tow vehicles and/or remove obstructions within the Easement that
prevent and/or restrict the maintaining of emergency access. 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.
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 any other obstruction that would negatively impact the ability of
emergency vehicles and personnel to utilize the Easement as intended, designed and approved. 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 ___ day of ________, 201_.
Grantor: Wenga, LLC
By: ___________________
Title: _________________
Name and Address:
______________________
______________________
______________________
ATTEST:
By: ________________
Title: _______________
State of _____________)
) ss
County of ___________)
The foregoing instrument was acknowledged before me this ___ day of __________, 201_, by Wenga,
LLC.
Witness my hand and official seal.
My commission expires: _______________________
___________________________________________________
Notary Public
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__.
Sheri Langenberger
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: _____________
LEGAL DESCRIPTION
A PART OF LOT 4, KEL-MAR STRIP SUBDIVISION, LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: ASSUMING THE NORTH LINE OF SAID LOT 4, AS
MONUMENTED BY A FOUND NO. 5 REBAR WITH 1-1/4” BLUE PLASTIC CAP “PLS 37054” AT THE
NORTHEAST CORNER OF SAID LOT 4, AND A FOUND NO. 5 REBAR WITH 1-1/4” BLUE PLASTIC CAP “PLS
37054” AT THE NORTHWEST CORNER OF SAID LOT 4, TO BEAR SOUTH 88°49’29” WEST A DISTANCE OF
340.10 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE
SOUTH 00°31'01" EAST ALONG THE WEST LINE OF SAID LOT 4 A DISTANCE OF
10.30 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID WEST LINE NORTH 89°38’17” EAST A DISTANCE OF 268.08 FEET;
THENCE SOUTH 00°21’43” EAST A DISTANCE OF 82.00 FEET TO POINT “A”;
THENCE SOUTH 89°38’17” WEST A DISTANCE OF 239.00 FEET;
THENCE NORTH 00°21’43” WEST A DISTANCE OF 62.00 FEET;
THENCE SOUTH 89°38’17” WEST A DISTANCE OF 29.03 FEET TO A POINT ON THE WEST LINE OF SAID LOT
4;
THENCE ALONG SAID WEST LINE NORTH 00°31’01” WEST A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING;
TOGETHER WITH:COMMENCING AT THE ABOVE DESCRIBED POINT “A”; THENCE NORTH 45°21’43”
WEST A DISTANCE OF 28.28 FEET TO POINT “B”;
THENCE SOUTH 89°38’17” WEST A DISTANCE OF 199.00 FEET;
THENCE NORTH 00°21’43” WEST A DISTANCE OF 42.00 FEET;
THENCE NORTH 89°38’17” EAST A DISTANCE OF 199.00 FEET;
THENCE SOUTH 00°21’43” EAST A DISTANCE OF 42.00 FEET TO POINT “B”
SAID PARCEL OF LAND CONTAINS 11,821 SQUARE FEET, OR 0.27 ACRES, MORE OR
LESS.
SURVEYOR'S STATEMENT
I, AARON ALVIN DEMO, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO 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, INFORMATION,
BELIEF, AND IN MY PROFESSIONAL OPINION, AND THAT IT IS NOT A MONUMENTED LAND SURVEY
____________________________________________________________
AARON ALVIN DEMO, PROFESSIONAL LAND SURVEYOR
COLORADO PLS NO. 38285
FOR AND ON BEHALF OF BASELINE ENGINEERING CORP.
BASELINE ENGINEERING CORP.
4007 SOUTH LINCOLN AVE, SUITE 405
LOVELAND, COLORADO 80537