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HomeMy WebLinkAboutFAIRWAY APARTMENTS - FDP210023 - SUBMITTAL DOCUMENTS - ROUND 3 - LEGAL DOCUMENTS DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned SPRADLEY BARR, LLC, a Colorado limited liability company (“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as Lot 1, Spradley Barr Ford Subdivision, City of Fort Collins, Larimer County Colorado, 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, doe s 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 emergency access in the City of Fort Collins, County of Larimer, State of Colorado, more parti cularly 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 of emergency vehicles and personnel to access the Easement; the right to designate the Easement as a fire lane with the enforcement of provisions required through said designation of a fire lane; and the right to cite, ticket, and/or tow vehicles and/or remove obstructions within the Easement that prevent and/or restrict the maintaining of emergency access . 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. 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 any other obstruction that would negatively impact the ability of emergency vehicles and personnel to utilize the Easement as intended, designed and approved. 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 ________, 20 21. Grantor: SPRADLEY BARR, LLC, a Colorado limited liability company By: ___________________ Title: Kriss Spradley, its Manager Name and Address: ______________________ ______________________ ______________________ ATTEST: By: ________________ Title: _______________ State of _____________) ) ss County of ___________) The foregoing instrument was acknowledged before me this ___ day of __________, 202_, 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 Community Development and Neighborhood Services pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this ______day of __________, 202__. Brad Buckman, Interim City Engineer as delegee for the Director of Community Development and Neighborhood Services 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: _____________