HomeMy WebLinkAboutMASON STREET INFRASTRUCTURE PROJECT - FDP230016 - LEGAL DOCS - Access, Utility, Drainage Easement
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:
BEGINNING at the northwest corner of said MARTINS FIRST ADDITION;
THENCE along the north line of said MARTINS FIRST ADDITION, South 67° 41' 56" East a distance of 5.59 feet;
THENCE departing said north line, South 50° 09' 32" East a distance of 265.69 feet to the south line of said
MARTINS FIRST ADDITION;
THENCE along said south line, North 89° 20' 16" West a distance of 31.66 feet;
THENCE departing said south line, North 50° 09' 32" West a distance of 231.55 feet to the west line of said
MARTINS FIRST ADDITION;
THENCE along said west line, North 00° 40' 03" East a distance of 23.63 feet to the POINT OF BEGINNING.
Containing 0.116 acres (5,034 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 DRAINAGE 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
20' WATERLINE AND
ROW EASEMENT TO
CITY OF FORT COLLINS
REC. NO. 85040113
LINE TABLE
LINE
L1
L2
BEARING
S67° 41' 56"E
N00° 40' 03"E
LENGTH
5.59'
23.63'
24' NON-EXCLUSIVE
ACCESS EASEMENT TO
CITY OF FORT COLLINS
REC. NO. 20140036291
AREA
5,034 sq. ft.
0.116 ac.
L2
L1
S
5
0
°
0
9
'
3
2
"
E
2
6
5
.
6
9
'
N89°20'16"W
31.66'
N
5
0
°
0
9
'
3
2
"
W
2
3
1
.
5
5
'
24' ACCESS EASEMENT TO
CITY OF FORT COLLINS
REC. NO. 20140036292
POINT OF
BEGINNING
NORTHWEST CORNER OF
MARTINS FIRST ADDITION
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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
NORTH LINE OF
TRI-CO SUBDIVISION
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 DRAINAGE EASEMENT MARTINS.dwg
1791-001
LMS
RCT
10/4/2023
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