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HomeMy WebLinkAboutTHE SAVOY - FDP230012 - SUBMITTAL DOCUMENTS - ROUND 3 - DRAINAGE RELATED DOCUMENT DEED OF DEDICATION OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned ______________ (“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as “ A parcel of land being a part of that Tract of Land recorded 5/7/99 as Reception No. 99080533 of the Records of Larimer County and situate within the Northeast Quarter of Section Four (4), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), 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 Drainage 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 ________, 2023. Grantor: By: ___________________ Title: _________________ Name and Address: ______________________ ______________________ ______________________ ATTEST: By: ________________ Title: _______________ State of _____________) ) ss County of ___________) The foregoing instrument was acknowledged before me this ___ day of __________, 2023, 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: _____________ NORTHERNENGINEERING.COM | 970.221.4158 LEGAL DESCRIPTION FORT COLLINS | GREELEY 1 | 2 LEGAL DESCRIPTION AND EXHIBIT DESCRIPTION A parcel of land being a part of that Tract of land recorded 5/7/99 as Reception No. 99080533 of the Records of Larimer County and situate within the Northeast Quarter of Section Four (4), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows; Considering the South line of that Tract of land recorded as Reception No. 99080533 as bearing South 89° 29' 02" East and with all bearings contained herein relative thereto: COMMENCING at the Southwest corner of said Tract; THENCE along the South line of said Tract, South 89° 29' 02" East a distance of 733.45 feet; THENCE departing said South line, North 00° 30' 58" East a distance of 34.66 feet to the North line of an existing Utility Easement, said point being the POINT OF BEGINNING; THENCE along said North line, along the arc of a non-tangent curve concave to the Northeast a distance of 9.70 feet, said curve has a Radius of 6.00 feet, a Delta of 92° 39' 04" and is subtended by a Chord bearing North 43° 09' 18" West a distance of 8.68 feet; THENCE departing said North line, North 01° 00' 22" East a distance of 35.72 feet; THENCE South 82° 29'07" East a distance of 132.21 feet; THENCE North 82° 22'13" East a distance of 84.48 feet; THENCE North 76° 34'30" East a distance of 34.67 feet; THENCE South 46° 57' 36" East a distance of 50.39 feet; THENCE South 76° 34' 30" West a distance of 113.31 feet to the North line of said Utility Easement; THENCE along said North line the following 2 courses and distances: Along the arc of a non-tangent curve concave to the North a distance of 26.88 feet, said curve has a Radius of 373.01 feet, a Delta of 04° 07' 42" and is subtended by a Chord bearing South 88° 27' 02" West a distance of 26.87 feet; THENCE North 89° 29' 07" West a distance of 144.11 feet to the POINT OF BEGINNING. The above-described parcel of land contains 11,588 square feet or 0.266 acres, more or less (±), and may be subject to easements and rights-of-way now on record or existing. Exhibit attached hereto and made a part hereof. SURVEYOR’S CERTIFICATE I, Robert C. Tessely, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. ___________________________________________________________________________ Robert C. Tessely – for and on behalf of Northern Engineering Colorado Registered Professional Land Surveyor #38470 NORTHERN ENGINEERING 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 August 8, 2023 LMS S:\Survey Jobs\514-003\Dwg\Exhibits\514-003 EXHIBIT DESCRIPTION.docx BR O O K F I E L D DR I V E LE FEVER DRIVE (51' PUBLIC ROW) RECEPTION NO. 99080533 SOUTH LINE OF RECEPTION NO. 99080533 BASIS OF BEARINGS S89°29'02"E 733.45'N00°30'58"E 34.66' CURVE TABLE CURVE C1 C2 DELTA 92°39'04" 4°07'42" RADIUS 6.00' 373.01' LENGTH 9.70' 26.88' BEARING N43°09'18"W S88°27'02"W CHORD 8.68' 26.87' LINE TABLE LINE L1 L2 L3 L4 L5 LENGTH 35.72' 132.21' 84.48' 34.67' 144.11' BEARING N01° 00' 22"E S89° 29' 07"E N82° 22' 13"E N76° 34' 30"E N89° 29' 07"W AREA 11,588 sq. ft. 0.266 ac. NO R T H E R N LI G H T S D R . CI N Q U E F O I L D R I V E BROOKFIELD TRACT F BROOKFIELD TRACT E 9' UTILITY EASEMENT BY SEPARATE DOCUMENT PER PLAT OF BROOKFIELD 9' UTILITY EASEMENT BY SEPARATE DOCUMENT PER PLAT OF BROOKFIELD POSSIBLE TEMPORARY CONSTRUCTION EASEMENT BY SEPARATE DOCUMENT PER PLAT OF BROOKFIELD (NOT PLOTTABLE) MAY BE ON OR NEAR SUBJECT PARCEL L5C1 L1 L2 L3 L4 S46°57'36"E 50.39' S76°34'30"W 113.31'C 2 NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING.PAGE 2 OF 2 DRAFT 8-8-23 PRELIMI N A R Y - N O T F O R C O N S T R U C T I O N , RECORD I N G P U R P O S E S O R I M P L E M E N T A T I O N S:\SURVEY JOBS\514-003\DWG\EXHIBITS\514-003 EXHIBIT.DWG POINT OF COMMENCEMENT SW CORNER REC. NO. 99080533 POINT OF BEGINNING EXHIBIT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO