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HomeMy WebLinkAbout614 LESSER DRIVE CARRIAGE HOUSE - FDP190013 - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTSDEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Taliesen LLC (“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as Reception No. 20190009987 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: By: Teliesen LLC Title: Owner Name and Address: Taliesen LLC 429 South Howes Street Fort Collins, CO 80521 ATTEST: By: ________________ Title: _______________ State of Colorado, County of Larimer. The foregoing instrument was acknowledged before me this ___ day of __________, 201_, by _____________________ as ________________, and _________________ as ________________. 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__. 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 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 UTILITY BASEMENT A parcel of land, being part of Lot 16, Lesser's Subdivision as recorded May 8,1947 as Reception No. 580666 of the Records of the Larimer County Clerk and Recorder, located in the Northeast Quarter (NE1/4) of Section Thirteen (13), 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 East 9.00 feet of the West 15.00 feet of said Lot 16. Said described parcel of land contains 360 Square Feet or, more or less (±). SURVEYORS 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 Majestic Surveying, LLC Colorado Licensed Professional Land Surveyor #3 8348 fifiE5FTESuRVEvi+i. 1111 Diamond Valley Drive, Suite 104 Windsor, Colorado 80550 C:\Majestic\Projectsuo I 9u019159\descriptions\UE.doc Page 1 of 2 Lot 16, Lesser's Subdivision NE1/4 Section 13, T.7N., R.69W. Utility Basement EXHIBIT A Steven Parks, PLS 38348 0n behalf of Majestic Surveying, LLC Note: This drawing does not represent a monumented land survey. Its sole purpose is a graphic representation of the accompanying written description. Notice: According to Colorado law you must commence any 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 commenced more than ten years from the date of the certification shown hereon. (CRS 13-80-105) iffriE5TTiEi5b'RT7EvifuG PROJECTNO: 2019159 CLIENT: HIGHCRAFT DATE: 6-14-2019 SCALE: 1"=20'