HomeMy WebLinkAboutBREEZE THRU HEADQUARTERS - FDP190003 - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENT (4)DEED 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 utilities 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 ___ 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__.
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: _____________
LEGAL DESCRIPTION
A PORTION OF LOTS 3 AND 4, KEL-MAR STRIP SUBDIVISION, LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: ASSUMING THE SOUTH LINE OF SAID LOT 3, AS MONUMENTED BY A NO.
5 REBAR WITH A 1-1/4 INCH BLUE PLASTIC CAP STAMPED PLS 37054 AT THE SOUTHEAST
CORNER AND A MAG NAIL WITH BRASS DISK STAMPED PLS 37054 AT THE SOUTHWEST
CORNER OF SAID LOT 3 TO BEAR SOUTH 88°49'29" WEST, BEING A GRID BEARING OF THE
COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM
1983/2007, A DISTANCE OF 340.00 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO.
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3;
THENCE ALONG THE WEST LINE OF SAID LOTS 3 AND 4, NORTH 00°31’01” WEST A DISTANCE OF
200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 4;
THENCE ALONG THE NORTH LINE OF SAID LOT 3, NORTH 88°49’29” EAST A DISTANCE OF 3.24
FEET;
THENCE SOUTH 00°31’01” EAST A DISTANCE OF 200.00 FEET TO THE SOUTH LINE OF SAID LOT 3;
THENCE ALONG THE SOUTH LINE OF SAID LOT 3, SOUTH 88°49’29” WEST A DISTANCE OF 3.24
FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 648 SQUARE FEET OR 0.02 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