HomeMy WebLinkAboutLegal - Easement - 11/07/2023DEED 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
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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
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BY� QONN BURCH
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ATTORNEY'S CERTIFICATION
G.Z,C�
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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�%
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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:_
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DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR '�� c���`'.,,_;_:,�
COLORADO NO. 3857$ �'`� � .
'' 38578 ��
FOR AND ON BEHALF OF JR ENGINEERING, LLC ��. �• : c'�
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7200 S Alion Way. Suitr C400. CentenniaL CO 30112 �'� +� �? .�J�'
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T7N, R69W, 6 TH P. M. �( `.� ,.' 20.00' �
SPECIAL W,4RRA/VTY DEED � ,���' L DT 22 �
;� ��^::. ,vo. %�i?; o � � ����E� , ' I
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,�� BOOK 1770, PA GE 599
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3" AL UM/NUM CAP
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50 25 0 5fl
ORIGINAL SCALE: 1" = 50'
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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
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TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT dated for reference purposes only
as of November 1, 2023 ("Easement"), is entered into between the Ronald J. Albracht
("Grantor") and Polestar Village Holdin�;s, Inc. ("Grantee"), whose address for purposes of this
Easement is 1942 Broadway Ste 314C, Boulder, CO 80302.
WHEREAS, Grantee needs to acquire a Temporary Construction Easement across certain
real property owned by Grantor, described in Exhibit A attached hereto and incorporated herein
("Easement Area"), for the purpose specified herein, on the terms and conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor and Grantee hereby agree as follows:
1. Grantor hereby sells, grants and conveys to Grantee a Temporary Construction
Easement in, on, over, under, across and through the Easement Area, as more particularly
described on Exhibit A for the purpose of surveying, testing, sampling, grading, excavating,
removal of trees and vegetation, remediation, restoration, revegetation, installing, constructing,
reconstructing, replacing and/or removing drainage and stormwater facilities, and related
appurtenances ("Improvements") on Grantor's real property in the City of Fort Collins, Larimer
County, Colorado. Grantee also shall have the right tQ excavate, fill and chanbe the grade of the
Easement Area, install environmental and erosion control measures, move, place and store
materials, fill, equipment and any other items related to the purposes set forth herein on, over,
under, across and through the Easement Area and to undertake any other activity reasonably related
to the construction contemplated by this Easement or the Improvements.
2. The Grantee, its agents, successors and permitted assigns, shall have and exercise
the right of ingress and egress in, on, to, through, over, under and across the Easement Area, for
any purpose necessary for the construction of the Improvements.
3. The term of this Easement shall take effect upon mutual execution of this
instrument, but Grantee shall not exercise its rights herein unless Grantee provides Grantor written
notice of no less than ten (10) days prior to entry. The temporary rights granted herein shall remain
available for Grantee's use for a period of no more than five (5) years, or upon the completion of
the Grantee's drainage improvements in the Easement Area, whichever is sooner, at which time
Grantee's rights herein shall expire and be of no force or effect. Extensions of time, if any, under
this Section shall be subject to negotiation and written memorialization by the parties.
4. Upon completion of construction activities, Grantee shall restore the Easement
Area to as near a condition as it was in prior to the commencement of Grantee's activities pursuant
to this Easement as is reasonably practicable. Grantee shall properly backfill all trenches using
original surface soil as much as is feasible.
5. Upon expiration of the ten-day notice period described in section 3 above, Grantor,
for itself and its successors and assigns, shall have no right to access the Easement Area for any
reason until such time as this Easement expires or is terminated by Grantee as provided herein,
Page 1 of 2
whichever occurs first. In the event Grantor violates the provisions of this Easement, Grantor shall
correct such violation immediately upon the receipt of written notice of such violation from
Grantee and, in the event Grantor fails or refuses to correct such violation, Grantee may do so
immediately at the sule expense of Grantor. Grantor further agrees that it will not, in any manner,
interfere with the purposes for which this Easement is conveyed.
6. Each party shall be entitled to all remedies at law or in equity for the enforcement
of this Easement.
7. The benefits and burdens of this Easement are covenants that touch, concern and
run with the land and shall inure to the benefit of, and be binding on, the respective heirs,
representatives, successors and assigns of the Grantor and Grantee.
8. The Grantor warrants that it is the owner of the subject property in fee simple and
has authority to grant the Easement to Grantee.
9. Th:s Easement may be executed in any number of counterparts each of which wher.
so executed shall be deemed to be an original and all of which taken together shall constitute one
and the same Easement.
EXECUTED as of the date first set forth above.
GRIINTOR:
_,.- __��"�
--------
By: Ronald J. Albracht
�
NOTARY ACKNOWLEDGEMENT
STATE OF CD�.�)
) ss
COUNTY OF L��j3_]��)
The foregoing instrument was acknowledged before me this �j,day of �` 202�by
Ronald J. Albracht.
My address is:
No ry Public
My commission expires: ��� o�o�
SHELLY WELSH
NOTARY PUBLIC
STATE OF COLORADO Page 2 of 2
NOTARY ID 19944009817
MY COMMISSION EXPIRES JUNE 30, 202fi
� y��'�..d
J R ENGINEERING
PROPERTY DESCRiPTION
TEMPOR,�►RY COf�STRUCTlO� EI�,SEMEi�T - LOl" 2�i
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 C)F SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERlDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
B�SIS OF �EARINGS: THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP
7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MER{DIAN, BEING
MONUMENTED 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 "PL5 20123 1989" IN A RANGE BOX, BEARING S89°07'36" AS
REFERENCED TO COLORADO STATE PLANE NaRTH ZONE.
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERiDIAN;
THENCE N58°Q8'42"E A DISTANCE OF 2,038.41 FEET, TO THE NORTHWESTERLY CORNER OF LOT 21,
MOUNTAIRE SUBDIVISION, REC�RDED IN BOOK 1770 AT PAGE 599 IN THE RECORDS OF THE
LARIMER COUNTY CLERK AND RECORDER AND THE POlNT 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°50'52"W, HAViNG A RADIUS OF 185.10 FEET, A CENTRAL ANGLE OF 09°35'S0" AND AN ARC
LENGTH OF 31.00 FEET, TO A POINT OF NON-TANGENT;
THENCE DEPARTING SAID EASTERLY LINE, N89°59'08"W A DISTANCE OF 76.00 FEET, TO THE
WESTERLY LINE OF SAID LOT 21;
THENCE ON SAID WESTERL`� LINE, N00°42'38"W A DISTANCE OF 30.00 FEET, TO THE POINT OF
BEGiNNING.
CONTAINING A CALCULATED AREA OF 2,184 SQUARE FEET OR 0.0501 ACRES.
PROPERTY DESCRIPTION STATEMENT
I, DEREK LEE VAGIAS, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EkHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF, ARE CORRECT. -----�-�
� ':,1��P��EE'/CF; �
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DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR "��. ����- .� �`r�;�' �
COLORADO NO. 38578 � � - •� � `
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REC. NO. 20210108962 ,' � '
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�- - - - BASIS OF BEARINGS
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W EL/ZAfETH ,5'r �'� S89 0736'E 259.0. R i'
NOTE: EXISTING EASEMENTS ARE PER PLAT OF MOUNTAIRE SUBDIVIS�ON.
NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. �T
IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION.
TEMPORARY CONSTRUCTION
POLESTAR
PROJECT NO.: 39797.01
DATE: 11 /$/2022
EASEMENT-LOT 21
SHEET: 2 OF 2
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Cl/4 COR. SEC.16, T7N, R69W
3" AL UMINUM CAP _
STAMPED: PL S 2012,3 1989 ��.
/N A RANGE BOX
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ORIGINAL SCALE: 1" = 50'
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