HomeMy WebLinkAboutHARMONY SCHOOL SHOPS PUD, FIRST FILING - FINAL - 42-89F - CORRESPONDENCE - ACCESS, UTILITY, DRAINAGE EASEMENT• IdAk LGT Asset Agement
A Member of Liechtenstein Global Trust
LGT Real Estate Advisors Inc.
Stanford Plaza
Fort Collins - 970-223-3933
3555 Stanford Road
Denver - 303-440-3433
Suite 100
Longmont - 303-651-6336
Fort Collins, CO
Facsimile - 970-223-4671
80525
MEMORANDUM
DATE: March 11, 1997
TO: Ted Shepard
CC: Eldon Ward
Mike Maxwell
FROM: Robert Martin
RE: Harmony School Shops First Filing
Please find enclosed two fully executed easements from Oak Farm Inc. for
offsite easements required for the above referenced project. The easements are
as follows.
1. Permanent non-exclusive utility, drainage and access easement.
2. Temporary drainage easement
Received by
City of Fort Collins Planning Department
(Date) (Time)
r
TEMPORARY EASEMENT DEDICATION
(DRAINAGE)
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, OAK
FARM INC., a Colorado Corporation, being the owner of certain real
property consisting of a portion of the Southwest quarter of
Section 32, Township 7 North, Range 68 West of the 6th P.M.,
Larimer County, Colorado, 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, for public use, a temporary non-exclusive easement for
temporary drainage purposes over the real property located in the
City of Fort Collins, County of Larimer, State of Colorado, as more
particularly described on Exhibit "A," attached hereto and
incorporated herein by this reference (the "Easement").
The Easement hereby granted may be used only for the above -
described purpose, and all construction and other work within the
Easement shall be in accordance with and subject to any applicable
P.U.D. laws, ordinances, regulations, guidelines and requirements
of the City, and any covenants, conditions and restrictions of
Harmony School Shops, P.U.D., as any of the foregoing may be
amended from time to time, and whether or not of record as of the
date of this Easement.
Any person or entity performing construction and other work
within the Easement shall, upon completion of such construction,
and at its sole cost and expense, restore the surface ground to its
condition immediately prior to the initiation of construction,
except as necessarily modified to accommodate improvements
installed within the Easement, or as necessary to serve the purpose
for which the Easement is granted. Any such person or entity shall
also indemnify and hold Grantor, its directors, officers,
employees, invitees, agents, successors and assigns, harmless from
and against any and all expenses, including reasonable attorneys'
fees, losses, claims or damages, specifically including damages to
the property of Grantor or its successors and assigns, arising from
the performance of construction or other work within the Easement
by such person or entity, its employees, agents, contractors,
subcontractors and others under its direction or control. It is
expressly understood that the City is not a "person or entity"
which will be engaging in the performance of construction or other
work within the Easement and, accordingly, the City shall have no
duty to restore the surface, repair damages or indemnify, as
hereinabove required of "persons or entities."
Grantors hereby reserves the right to use the Easement for
other purposes, or to relocate or modify the Easement, if such use,
relocation or modification is first approved by the City of Fort
Collins, which approval shall not be withheld so long as its use,
•
•
f relocation or modification does not unreasonably interfere with the
purposes of such Easement.
Grantor, its successors and assigns, shall have the right, at
their expense, to relocate the Easement and any improvements
therein, if deemed necessary in their discretion for the
development or sale of properties owned by them in the vicinity of
the Easement.
The Easement shall automatically terminate upon the earlier of
platting of the property upon which the Easement is located or
relocation of the Easement to Tract A, Harmony School Shops,
P.U.D., or relocation pursuant to the preceding paragraph.
It is understood by the undersigned that, by acceptance of
this dedication, the City of Fort Collins will not accept the duty
of maintenance of such Easement.
IN WITNESS WHEREOF, the undersigned has executed this Deed of
Dedication this /ad- day of March, 1997.
OAK FARM INC.,
a Colorado Corporation
By:
Name:
Title:
/'>/�`N�:r�: �' �✓
w 11�-/
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this /a 41
da&of March, 1997, by /1' ,JCI AEA 5. -dVfPj r as
ESInes-r of OAK FARM INC., a Colorado Corporation.
WIT14ESS my hand and official seal.
My commission expires: Tuur 2Z,/fff
Nota y Public
U
•
Accepted by the City of Fort Collins on the day of
, 1997.
CITY CLERK
ATTORNEYS CERTIFICATE
This is to certify that on the 3rd day of March, 1997, I
examined the title to the property as described hereon and
established that the owners and proprietors of record of the said
property as construed in C.R.S. 1973, § 31-23-111, are as shown
hereon as of said date.
Name:
MICHAEL A. MAXWELL
125 South Howes Street, Sixth Floor
Fort Collins, Colorado 80521
Registration No. 8755
3
EXHIBIT TTACHED TO AND MADE A PART OF TEMPORARY EASEMENT
DEDICATIOI RAINAGE) .
;i
THE SEAR -BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
FORMERLY R13D, INC.
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION:
A temporary drainage easement located in the Southwest Quarter of Section 32,
Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins,
Larimer County, Colorado, being more particularly described as follows:
Considering the West line of the Southwest Quarter of said Section 32 as bearing North
00°04'44' East and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 32; thence North 58044'35" East,
386.27 feet to the POINT OF BEGINNING; thence North 00°04'44" East, 80.00 feet;
thence South 89055'16" East, 225.00 feet; thence South 00004'44" West, 80.00 feet;
thence North 89°55'16" West, 225.00 feet to the Point of Beginning.
The above tract of land contains 0.413 acres and is subject to all easements and rights -of -
way now on record or existing.
226067e2.wpd
February 26, 1997
NEW YORK • PENNSYLVANIA
COLORADO•UTAH
STANDARDS IN EXCELLENCE
EQUAL OPPORTUNITY EMPLOYER
�a
U-cc
wO
Z F.
ww
Co z
G Q
F= 0
U
0
0
< En
H W
U W
? W O
Z v) p
p W
LO
~ Lj
U
U w
Q c/
Z
W
W
In
Q
W
W CA
W
Q
Z_ U
Of
Q Q
W 0 to '
Q
W
►- ,00'OS
m ji'i0.0n
Ln
Ln
co\\\\ G�
(A t\\\\\\\\\\\\M\\\\\\ z i
3 t*,VO.00 N
60
w
H
Q
J
a.
Z
C7
O
d
�p
.-
= Z I
1
W U
p = I
_ <
C�
,oc
J O I
w a I
O
O OU
3
Z ,
Cal
I
C0
O
a
M
O
I
Z
J O
O?
S li
U F-
Cl) CO
>- 12
Z U-
O
cc
Q
/ \ I
I
U \
Z
Z
Z \ I
p \ I
z
o \a �
�\ I
\ I
I
avow 3NIla39W11
3 J,ti0.00 N (SONI2IV H 30 SISVG)
x
3 m ., r
'C' W
c0 U
Z
w
Z ? �
O ~ Z
a
Ln v)
2
W
i
w
z
00 Z_
d
a
C,
�C'Z :D
CD
U �
3 w
cn cn a
M89� 'NL1 V '03S 20 b312fVM 1S3MH1f10S 3H1 30 3Nn 1S3M
DEED OF DEDICATION
(UTILITY, DRAINAGE AND ACCESS EASEMENT)
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, OAK
FARM INC., a Colorado Corporation, being the owner of certain real
property consisting .of a portion of the Southwest quarter of
Section 32, Township 7 North, Range 68 West of the 6th P.M.,
Larimer County, Colorado, 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, for public use forever, a permanent non-exclusive
easement for utilities, drainage and access over the real property
located in the City of Fort Collins, County of Larimer, State of
Colorado, as more particularly described on Exhibit "A," attached
hereto and incorporated herein by this reference (the "Easement").
Grantors hereby reserves the right to use the Easement for
other purposes, or to relocate or modify the Easement, if such use,
relocation or modification is first approved by the City of Fort
Collins, which approval shall not be withheld so long as its use,
relocation or modification does not unreasonably interfere with the
purposes of such Easement.
It is understood by the undersigned that, by acceptance of
this dedication, the City of Fort Collins will not accept the duty
of maintenance of such Easement.
IN WITNESS WHEREOF, the undersigned has executed this Deed of
Dedication this to d day of March, 1997.
OAK FARM INC.,
a Colorado Corporation
By :
Name:
Title:
s • •
u
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this /b 6i
day of March, 1997, by S. d%jjp*v- as
gsadE-4 fi of OAK FARM INC., a Colorado Corporation.
WITNESS my hand and official seal.
My commission expires: JuWG ZZ, )117
Notary Public
Accepted by the City of Fort Collins on the day of
, 1997.
CITY CLERK
ATTORNEY'S CERTIFICATE
This is to certify that on the 3rd day of March, 1997, I
examined the title to the property as described hereon and
established that the owners and proprietors of record of the said
property as construed in C.R.S. 1973, § 31-23-111, are as shown
hereon as of said date.
Name:
MICHAEL A. MAXWELL
125 South Howes Street, Sixth Floor
Fort Collins, Colorado 80521
Registration No. 8755
rd
EXHIBIT "A"4PTACHED TO AND MADE A PART OF DEED OF DEDICATION
(UTILITY, D NAGE AND ACCESS EASEMENT).
THE SEAR -BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
FORMERLY RBD, INC.
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION:
A utility, drainage, and access easement located in the Southwest Quarter of Section 32,
Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins,
Larimer County, Colorado, being more particularly described as follows:
Considering the West line of the Southwest Quarter of said Section 32 as bearing North
00°04'44' East and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 32; thence along the West line of
said Southwest Quarter, North 00°04'44" East, 30.00 feet; thence departing said West
line, South 89°38'02" East, 70.00 feet to a point on the North right-of-way line of
Colorado State Highway No. 68 and the East right-of-way line of Timberline Road;
thence along said North line, South 89°38'02" East, 762.46 feet to the Southeast corner of
the proposed Harmony School Shops, First Filing, said point also being the POINT OF
BEGINNING; thence departing said North line, North 00°04'44" East, 160.06 feet; thence
North 89°55'16" West, 518.52 feet; thence North 00°04'44" East, 174.50 feet; thence
South 89°55'16" East, 16.00 feet; thence South 00°04'44 West, 159.51 feet; thence South
89°55'16" East, 522.52 feet; thence South 00°04'44 West, 175.16 feet to the North right-
of-way line of Colorado State Highway No. 68; thence along said North line North
89°38'02" West, 20.00 feet to the Point of Beginning.
The above tract of land contains 0.318 acres and is subject to all easements and right-of-
way now on record or existing.
NEW YORK • PENNSYLVANIA
COLORADO•UTAH
STANDARDS IN EXCELLENCE
226067e2.wpd
February 26, 1997
EQUAL OPPORTUNITY EMPLOYER
•
7�
x
0
�m
g
N
fD LLJ
LD
� Z
W �
Z n �
O ~ Z
¢ W
O
II
F-
a-U
�- C.i O
aw
LiQ
d
3
J
o w Z Oi
N
�W p I
o0
p
�1 F V
O
;
I
N
O ¢
a0
.9V9Ll M Jt,M.00 S
z
or'o
W
?l
x
0
m
z G,n'd '3801S83NHOb
SW�1Y� 3NIIH39W11
Z
c a.
Cz
w ¢
ao:m
Nj Z
_ :
V F Q
\
N
Z
z
,90'09L 3„ t,t0.00 N
o
Qz
ww�
ao�
LLJ
W
I
�a
Q
ZNU
o=
Q
LQi.I
�(n00
Om"
I
Z Z J
Z�TTB
r
Ln M
�,,
CD, V
w v
VZ)
z
I
m V)
W J U N N
F- Q
> r
owz
co
Q
0=
—1
z
��
I
p
�I
Jo
w ¢
C14
00
��
I
O
4
M
p o
Q Z
w
_
z00
I
O Q
Is
N �'
o
z
oz
I
¢¢
¢ \ z
J
3
et c
I
< 'Z'
o
O
¢ N \
O W \
Cl)
`r CL
00
N �
w S
Z L-
I z
G U \
cOc
G
W
Q
Q
,lS 6 M` jt,i0.00 S +
cc
00
OS'bL l 3 �tit,ti0.00 N
c' '
w
x
m
00
w
00 o
w
¢
3�
---- ----- — ----
1Sd3
m
�-
c o
' 0
cc
z
a
CVOs 3Cd38P111 30 AVM-d0-1HOIb
0 o
Z
GYOH 3NI1838WI1
CD Inw
Z
N =D
� r7Z
U
=
3 N (SONIdd38
30 SIS S)Uh
"
,�ti,40.CC
M89d 'NLI 'N '33S 30 d31dbf10 1S3MHinoS 3H1 30 3NIl 1S3M