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HomeMy WebLinkAboutBUENO DRIVE CONDOS - PDP190004 - SUBMITTAL DOCUMENTS - ROUND 3 - 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 Utilities 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] EXHIBIT “A” Utility Easement Description: That portion of Lot 13-A, AMENDED PLAT OF LOTS 13, 14, 15 AND 16, SOUTH 13 SUBDIVISION, situated in the Northwest 1/4 of Section 12, Township 6 North, Range 69 West of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows; The East 9.00 feet of the West 15.00 feet of Lot 13-A, AMENDED PLAT OF LOTS 13, 14, 15 AND 16, SOUTH 13 SUBDIVISION, public records of Larimer County, Colorado. 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. PREPARED BY AND ON BEHALF OF: PLS Corporation 532 West 66th Street Loveland, Colorado 80538 M. Bryan Short, PLS Colorado PLS 32444