HomeMy WebLinkAboutHEARTSIDE HILL RESIDENTIAL DEVELOPMENT - FDP230007 - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (2)
DEED OF DEDICATION OF EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned Christian Church Disciples of
Christ (“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as Lot 1,
Block 1, Heart of the Rockies Second Subdivision, City of Fort Collins, County of Larimer, State of 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, 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 Utility 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 ________, 202__.
Grantor:
By: ___________________
Title: _________________
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, 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: _____________