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Home My WebLink AboutPOLESTAR VILLAGE - FDP240010 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation (11)DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Ronald J. Albracht ("Grantor"), being the owner of certain real property in Larimer County, Colorado ega y escn e as Lot 21, Mountaire Subdivision, City of Fort Collins, pursuant to that deed recorded June 14, 2004 at reception no. 20040057507 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 stormwater improvements, drainage infrastructure, and retaining wall 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 oar hands and seals this � day of N�'� , 202 3 Grantor: Ronald J. Albracht 813 Kimball Rd. Fort Collins, CO 80521 ATTEST: By: Title: State of �'IJ1.DQ,1�.(�_) County of L.�Q,"11�iF� ss The foregoing instrument was acluiowledged before me this � day of �, 202� by Ronald J. Albracht. Witness my hand and official seal. SHELLY WELSH S NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944009817 MY COMMISSION EXPIRES JUNE 30, 2026 �� Not r�' Publi This Deed of Dedication is accepted by the Director of Planning, Development, and Transportation Service Unit pursuant to Section Z.1.5 of the Land Use Code of the City of Fort Collins this day of , 202_. City Engineer As delegee for the Director of Planning, Development, and Transportation Service Unit ATTEST: City Clerk I `� Approval of Lender: � �-q�� l�L f '/�-.� y� � G �C �,S f '� � "%�5, �YI G� R 5 � P�i� GT `G iR.� y�, qs ✓l9 � � � �4(-� i P�i' �0l`I �l�G �� REGIONS BANK DB/A REGICfiTS MORTGAGE � Beneficiary of rnortgage recorded September 30, 2021, at Reception No. 20210090420 �.. BY� QONN BURCH Its: , �� fi cc ►� s jd � ATTORNEY'S CERTIFICATION G.Z,C� i�s S`ucc�r�v1`s �,�� (� S.Si�.Jl S v 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 ail persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of tt�e State of Colorado. This Certiiication 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 2.23(C)(3)(fl of the Land Use Code. �� Bob Choate, Esq. Coan, Payton �i Payne, LLC 103 W. Mountain Ave., Suite 200 Fort Collins, CO 80524 Registration No. 4�588 Date: �c�.�_ � 3 � Zo Z�% ��. J•R ENGINEERING PROPEFi7Y DESCRIPTION DRAlMAG� �ASE�fEM i - LO'� �1 A PARCEL OF LAND BEING A PORTION OF LOT 21, MOUNTAIRE SUBDIVISION RECORDED IN BOOK 1770 AT PAGE 599 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEIIVG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF EEARIftIG�: THE SOUTH LIRIE OF THE NORTHWEST QUARTER �F SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUf�iENTED AT THE WEST END BY A 3-1(4" ALUMINUM CAP STAMPED "PLS 20123 1987" IN A RANGE BOX AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED "PLS 20123 1989" IN A RANGE BOX, BEARING S89°07'36" AS REFERENCED TO COLORADO STATE PLANE NORTH ZONE. COMMENCI�!G AT THE WEST QUARTER CORNER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE N58°08'42"E A DISTANCE OF 2,038.41 FEET, TO THE NORTHWESTERLY CORNER OF LOT 21, MOUNTAIRE SUBDiVISION, RECORDED IN BOOK 1770 AT PAGE 599 If� THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER AND THE POINT OF BEGINNING; THENCE ON THE NORTHERLY LINE OF SAID LOT 21, S89°59'08"E A DISTANCE OF 68.70 FEET, TO THE EASTERLY LINE OF SAID LOT 21, AND A POINT OF NON-TANGENT CURVE; THENCE ON SAID EASTERLY LINE, ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS S70°50'S2"W, HAVING A RADIUS OF 185.10 FEET, A CENTRAL ANGLE OF 06°26'31" AND AN ARC LENGTH OF 20.81 FEET, TO A POINT OF NON-TANGENT; THENCE DEPARTING SAID EASTERLY LINE, N89°59'08"W A DISTANCE OF 74.16 FEET, TO THE WESTERLY LINE OF SAID LOT 21; THENCE ON SAID WESTERLY LINE, N00°42'38"W A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,433 SQUARE FEET QR 0.0329 ACRES. PROPERTY DESCRIPTIOR! STATENiENT I, DEREK LEE VAGIAS, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COL�RADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION ARID ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. .l;��P�;L E•�C,�,v:_ � ,�� ,. � s�,��. DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR '�� c��`'.,,_;_:,� COLORADO NO. 3857$ �'`� � . '' 38578 �� FOR AND ON BEHALF OF JR ENGINEERING, LLC ��. �• : c'� o� ,� 7200 S Alion Way. Suitr C400. CentenniaL CO 30112 �'� +� �? .�J�' ?03-�40-9393 • Fax: 303-72I-9019 • �vw�v jrengineering,com —�`rn • � � - � � � 11/8/2022 X:13970000.a11\39797011Word\Legals\3979701LX-DE-Lot21.docx �j��'AL• I P�� SHEET 1 OF 2 ��,-� . , �PpO L 1� . ��c�,'�o�' �E� �%.'\' " ;��:-o"� 3�5�8 �;��;� �X�-I��I�' � cor is � I .�o' uriLirr \ � EASEMENT � i I POINT OF BEGINNI�!G LOT 20 , NORTHWESTERLY \ � �, ,, �` �. ��_ �lG�F�� : � � — CORNER OF LOT 21 ` � _� --�'`, __ s's, • . , , . • '`�� . S89'59'08"E ��%�L LA�� '�� 20' ORA/NAGE ��'� 68.70� - \`� EASEMENT ��' — — — � — .� . ,�' N89'S9'08"W 74.16 . NWl/4, SEC. 16, �� .'� N00'42'38"1NJ T7N, R69W, 6 TH P. M. �( `.� ,.' 20.00' � SPECIAL W,4RRA/VTY DEED � ,��' L DT 22 � ;� ��^::. ,vo. %�i?; o � � ��E� , ' I � � � MDUNTA/RE SUBD/ I//SION ,�� BOOK 1770, PA GE 599 � � LOi 23 � I_ � I � '\ / y ,� , _ , �' `�, �o' ura i' � EASEME i i � � — — � i � ,`I LOT 2� i i I o�a �;,, , ti' ,,�, � ' � , �o� a�`l ,' i � , �h � . � ,', i � i i j � / � i � POINT OF CONIMENCEMENT � W1/4 COR. SEC.16, T7N, R69W i �.3-1/4 " AL UM/NUM CAP � STAMPED.• PLS 2012.3 1987 � /N A RANGE BOX � �, L D T 25 � LOT 21 ,,,��R1 � S-� 0-5� 52 �� -� �� 1 I 6' UTJLITY � EASEMENT I �� J \` , JAERGER CT L�=6'26'31 " R=185.10' L=20.81' � � � m � Clf4 COR. SEC.16, T7N, R69W 3" AL UM/NUM CAP S iAMPED.• PL S 20123 1989 �' \ lN A RANGE BOX — — — � _ � 50 25 0 5fl ORIGINAL SCALE: 1" = 50' \ �\ � i BASIS OF BEARINGS � _ ��`�, SOUTH L/NE NW1/4 SEC.16 W EUZABETH ST ��'�� 58907,36'E 259Q83' NOTE: EXISTING EASEMENTS ARE PER PLAT OF MOUNTAIRE SUBDIVI510N. NOTE: THIS EXH181T DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. DRAINAGE EASEMENT-LOT 21 POLESTAR PROJECT NO.: 39797.01 DATE: 11 /8/2022 f � J•R ENGII�SIl�II�G A Westr{an Company SNEET: 2 OF 2 c�rkarriai 303-744-9390 • Co�uxfo � 71�55ec+--2�0 fart Cair�s 970-d.9F�JB88 • www'