HomeMy WebLinkAboutBUENO DRIVE CONDOS - PDP190004 - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENTDEED OF DEDICATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned 5724 Bueno LLC (“Grantor”), being
the owner of certain real property in Larimer County, Colorado legally described at Reception No. 20180076974 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 5724 Bueno Drive in the City of
Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibits “A” and “B” 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 ________, 2019.
Grantor: 5724 Bueno LLC
By: ___________________
Title: Manager
Name and Address:
5724 Bueno LLC
Barry Van Everen
2425 E. Camelback Road, Suite 200
Phoenix, Arizona 85016-4221
ATTEST:
By: ________________
Title: _______________
State of Colorado )
) ss
County of Larimer )
The foregoing instrument was acknowledged before me this ___ day of __________, 2019, by Barry Van
Everen as Manager of 5724 Bueno LLC, a Colorado Limited Liability Company.
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
__________, 2019.
Chad Crager
As delegee for the Director of Planning, Development,
and Transportation Service Unit
ATTEST:
City Clerk
ATTORNEY’S CERTIFICATION
I hereby certify that the foregoing 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”
Utility Easement Description:
That portion of Lot 13-A, AMENDED PLAT OF LOTS 13-16, SOUTH 13 SUBDIVISION situated in the
Northwest 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;
Beginning at the Northeast corner of Lot 13-A, thence N89°34'30"W a distance of 134.00 feet to the TRUE
POINT OF BEGINNING; thence S89°34'30"E a distance of 9.00 feet; thence S00°25'30"W a distance of
115.00 feet; thence N89°34'30"W a distance of 9.00 feet; thence N00°25'30"E a distance of 115.00 feet to
the TRUE POINT OF BEGINNING.
The above described parcel contains 1035 square feet more or less and is subject to any existing easements
and/or rights of way of record.
The Basis of Bearing is the east property line of Lot 13-A S00°25'30"W.