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HomeMy WebLinkAboutMASON STREET INFRASTRUCTURE - FDP230016 - LEGAL DOCS - EASEMENTS 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 ____________________ 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 ____________ 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: _____________ NORTHERNENGINEERING.COM | 970.221.4158 PROPERTY DESCRIPTION FORT COLLINS | GREELEY 1 | 2 PROPERTY DESCRIPTION AND EXHIBIT DESCRIPTION A parcel of land being a part of MARTINS FIRST ADDITION, recorded with the Larimer County Clerk and Recorder as Book 1429, Page 750, and situate in the Northeast Quarter of Section 2, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the west line of said MARTINS FIRST ADDITION as bearing South 00° 40’ 03” West, and with all bearings contained herein relative thereto: COMMENCING at the northwest corner of said MARTINS FIRST ADDITION; THENCE South 00° 40' 03" West, along the west line of said MARTINS FIRST ADDITION, a distance of 84.70 feet to a point on the southwest line of an existing Access Easement recorded as Reception No. 20140036292, said point being the POINT OF BEGINNING; THENCE along said southwest line the following 2 courses and distances: South 43° 09' 28" East a distance of 23.46 feet; THENCE along the arc of a curve concave to the southwest a distance of 65.53 feet, said curve has a radius of 188.00 feet, a delta of 19° 58' 12" and is subtended by a chord bearing South 33° 10' 19" East a distance of 65.19 feet; THENCE departing said southwest line, along the arc of a non-tangent curve concave to the southwest a distance of 41.76 feet, said curve has a radius of 138.00 feet, a delta of 17° 20' 19" and is subtended by a chord bearing North 35° 58' 26" West a distance of 41.60 feet; THENCE North 44° 38' 35" West a distance of 38.99 feet to the west line of said MARTINS FIRST ADDITION; THENCE along said west line of MARTINS FIRST ADDITION, North 00° 40' 03" East a distance of 10.27 feet to the POINT OF BEGINNING. Containing 0.008 acres (360 square feet) more or less. Subject to any and all easements, rights-of-way, covenants and restrictions of record. Exhibit attached hereto and made a part hereof. SURVEYOR’S CERTIFICATE I, Robert C. Tessely, a Colorado Registered Professional Land Surveyor do hereby certify 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. {4 CCR 730-1} ___________________________________________________________________________ Robert C. Tessely Colorado Registered Professional Land Surveyor #38470 For and on behalf of Northern Engineering NORTHERN ENGINEERING 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 October 4, 2023 LMS S:\Survey Jobs\1971-001\Dwg\Exhibits\1971-001 ACCESS EASEMENT DESCRIPTION MARTINS.docx 10' PSC GAS EASEMENT BOOK 1430 PAGE 930 30' R.O.W. EASEMENT REC. NO. 96005063 & NON-EXCLUSIVE ROADWAY/ACCESS BK 2125 PG 1500 24' ACCESS EASEMENT TO CITY OF FORT COLLINS REC. NO. 20140036292 20' WATERLINE AND ROW EASEMENT TO CITY OF FORT COLLINS REC. NO. 85040113 POINT OF COMMENCEMENT NORTHWEST CORNER OF MARTINS FIRST ADDITION BA S I S O F B E A R I N G S WE S T L I N E O F MA R T I N S F I R S T A D D I T I O N POINT OF BEGINNING 24' NON-EXCLUSIVE ACCESS EASEMENT TO CITY OF FORT COLLINS REC. NO. 20140036291 AREA 360 sq. ft. 0.008 ac. L3 L 1 C 1 C 2 L 2 MARTINS FIRST ADDITION AKA MUSTANG SUBDIVISION UNPLATTED QUIT CLAIM DEED REC. NO. 97027464 TRI-CO SUBDIVISION WARRANTY DEED - REC. NO. 20140038940 TRI-CO SUBDIVISION WARRANTY DEED - REC. NO. 20140038940 S0 0 ° 4 0 ' 0 3 " W 8 4 . 7 0 ' LINE TABLE LINE L1 L2 L3 BEARING S43° 09' 28"E N44° 38' 35"W N00° 40' 03"E LENGTH 23.46' 38.99' 10.27' CURVE TABLE CURVE C1 C2 LENGTH 65.53' 41.76' RADIUS 188.00' 138.00' DELTA 19°58'12" 17°20'19" BEARING S33°10'19"E N35°58'26"W CHORD 65.19' 41.60' NORTH Feet0 ( IN U.S. SURVEY FEET ) 1 inch = feet 50 50 50 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT REVIEW BY: DRAWN BY: DATE: PROJECT:Sheet Of Sheets THIS EXHIBIT IS NOT A MONUMENTED LAND SURVEY. IT IS MEANT TO AID IN THE VISUALIZATION OF THE ACCOMPANYING WRITTEN DESCRIPTION. THE WRITTEN DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. 2 2 S:\Survey Jobs\1971-001\Dwg\Exhibits\1971-001 ACCESS EASEMENT MARTINS.dwg 1791-001 LMS RCT 10/04/2023 Robert C. Tessely Colorado Registered Land Surveyor No. 38470 For and on behalf of Northern Engineering Services, Inc. PRELIMINARY LEGEND EXISTING EASEMENT LINE EXISTING PLAT LOT LINE EXHIBIT BOUNDARY LINE