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HomeMy WebLinkAboutPOLESTAR VILLAGE - FDP240010 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation (7)DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Dennis Stenson and Bailey Stenson, whose address is 2820 West Elizabeth Street, Fort Collins, Colorado 80521 ("Grantor"), being the owner of certain real property in Lariiner Counry, Colorado legally described as a portion of the northwest quarter (NW1/4) of Section 16, Township 7 North, Range 69 West of the 6'" P.M., City of Fort Collins, County of Larimer, State of Colorado, as more particularly described in that certain deed recorded August 4, 2022 at reception number 20220049012 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 Ciry ofFort Collins, Colorado, a Municipal Corporation ("Ciry"), whose mailing address forpurposes of this deed is P.O. Box 580, Fort Collins, CO 80522, for public use forever a pennanent easement for a public paved pedestrian access easement in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference inade a part hereof (the "Easement"). The City's rights under the Easement include the right to install, operate, access, maintain, repair, reconstruct, reinove 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 entities and 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 Ciry is responsible for maintenance of its own improveinents and for repairing any damage caused by its activities in the Easeinent, but by acceptance of this dedication, the Ciry 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 pennitted in an approved plan of developinent ar other written agreeinent with the City, Grantor will not install on the Easement, or pennit the installation on the Easement, of any bliilding, 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 u7stalled in the Easeinent, the City has the right to require the Grantor to rernove such obstacles from the Easement. If Grantor does not remove such obstacles, the City may remove such obstacles without any liabiliry ar obligation for repair and replace�nent thereof, and charge the Grantor the Ciry'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 oiher 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 , 2024. Grantors: Dennis Stenson 2820 West Elizabeth Street Fort Collins, Colorado 80521 State of Colorado ) ) ss County of Larimer ) Bailey Stenson 2820 West Elizabeth Street Fort Collins, Colorado 80521 The foregoing instrument was acknowledged before me this and Bailey Stenson. Wimess my hand and official seal. My commission expires: day of , 2024, by Dennis Stenson Notary Public This Deed of Dedication is accepted by the Director of Conununity Development and Neighborhood Services purst►ant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this day of , 2024. City Engineer As delegee for the Director of Cominunity 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 Colarado. This Certification is based upon an exa�nination 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)(� of the Land Use Code. Bob Choate, Esq. Coan, Payton & Payne, LLC 103 W. Mountain Ave., Suite 200 Fort Collins, Colorado 80524 Registration No. 40588 Date: � J�R ENGINEERING ACCESS EASEMENT PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE PROPERTY DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED UNDER RECEPTION NO. 20220049012 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, 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 "PLS 20123 1989" IN A RANGE BOX, BEARING S89°07'36" AS REFERENCED TO COLORADO STATE PLANE NORTH ZONE. COMMENCING AT THE WEST QUARTER CORNER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16, S89°07'36"E A DISTANCE OF 1,431.92 FEET; THENCE DEPARTING SAID SOUTH LINE, N00°52'24"E A DISTANCE OF 30.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST ELIZABETH STREET, AND THE POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. N12°51'47"E A DISTANCE OF 44.83 FEET, TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 17°07'24" AND AN ARC LENGTH OF 14.94 FEET, TO A POINT OF COMPOUND CURVE; 3. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 37°10'44" AND AN ARC LENGTH OF 97.33 FEET, TO A POINT OF REVERSE CURVE; 4. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 18°30'28" AND AN ARC LENGTH OF 32.30 FEET, TO A POINT ON THE NORTHERLY LINE OF THE PROPERTY DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED UNDER RECEPTION NO. 20220049012 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ON SAID NORTHERLY LINE, N43°11'24"E A DISTANCE OF 1.08 FEET; THENCE CONTINUING ON SAID NORTHERLY LINE, N84°28'14"E A DISTANCE OF 7.37 FEET, TO A POINT OF NON-TANGENT CURVE; THENCE DEPARTING SAID NORTHERLY LINE THE FOLLOWING FOUR (4) COURSES: 7200 S Alton Way. Suite C400. Centennial. CO 80112 303-740-9393 • Fax: 303-721-9019 • www.jrengineeriug.com 9/26/2023 X:\3970000.a11\3979701\Word\Legals\3979701LX-AC01.docx SHEET 1 OF 3 1. ON THE ARC OF A CURVE TO THE LEFT, WHOSE CENTER BEARS N65°58'06"E, HAVING A RADIUS OF 92.00 FEET, A CENTRAL ANGLE OF 17°24'28" AND AN ARC LENGTH OF 27.95 FEET, TO A POINT OF REVERSE CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 158.00 FEET, A CENTRAL ANGLE OF 37°10'44" AND AN ARC LENGTH OF 102.53 FEET, TO A POINT OF COMPOUND CURVE; 3. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 58.00 FEET, A CENTRAL ANGLE OF 17°07'24" AND AN ARC LENGTH OF 17.33 FEET, TO A POINT OF TANGENT; 4. S12°51'47"W A DISTANCE OF 43.13 FEET, TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF WEST ELIZABETH STREET; THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE, N89°07'36"W A DISTANCE OF 8.18 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,524 SQUARE FEET OR 0.0350 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 EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. �,„ DEREK LEE VAGIAS, PROFESSIONAL LAND SURVEYOR COLORADO NO. 38578 FOR AND ON BEHALF OF JR ENGINEERING, LLC �?P°° �� ��F �,� �EE� �,q , J, . �.�,1`��'�� � • 38578 . � � '. ��Z6'Z3 •�� -� ���/�Nq L L AND •S�� 7200 S Alton Way. Suite C400, Centennial, CO 80112 303-740-9393 • Fax: 303-721-9019 • www.jrengineering.com 9/26/2023 X:\3970000.a11\3979701 \Word\Legals\3979701 LX-AC01.docx SHEET 2 OF 3 EXHIBIT �?'�� •�•��F �..��� �EE � � � L � �38578 `� o . ��ZG -Z 3 � .� �ss�o�qL, LANO•S�� N43'11'24"E 1.08' A�� -9 �y'�c�' S,9�T ��q9��Fr 0 �� �N W Q� �� �� o� ^� mm NW1/4, SEC. 16, r7N, R69W, 6TN P.M. PARCEL A BARGA/N AND SALE DEED REC. NO. 20220049013 N 84'28'14"E 7.37' �� o�, ��Rl N6�' � �-- �17'24'28" R=92.00' L=27.95' �, 8�3o�z8yJ R=100.00' v L=32.30' � ���c,�� \�� �O � .U,•o � �17'07'24" R=50.00' L=14.94'� / N12'51'47"E 44.83'� POINT OF BEGINNING �37'10'44" R=158.00' L=102.53� SPEC/AL WARRANTY DEED REC. NO. 20220049012 ; �• � � � ~ 0 � h O � 0 �� O� � � �� �o om � � � �17'07'24" I ` �R=58.00' I L=17.33' S12'51'47"W 43.13' — i N00'52'24"E� �N89'07'36"W 1431.92'_ 30.00' i 8•18� _ _ I S89 07'36'E 2590. 83' POINT OF COMMENCEMENT BASIS OF BEARINGS Wl/4 COR. SEC.16, T7N, R69W SOUTH L/NE NWl/4 SEC.16 3-1/4 " AL UM/NUM CAP W EL/ZABETH ST STAMPED: PLS 20123 1987 /N A RANGE BOX — — — — � C1/4 COR. SEC.16, T7N, R69W 3" AL UM/NUM CAP STAMPED: PLS 20123 1989 /N A RANG'E BOX 50 25 0 50 ORIGINAL SCALE: 1" = 50' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. ACCESS EASEMENT POLESTAR VILLAGE PROJECT NO.: 39797.01 DATE: 9/26/2023 SHEET: 3 OF 3 � J•R ENGIIVEERING A Westrian Company Ce�rrial 3ai-74o--93so • Co�orado S�riigs 1p--5eci-2590 fart Cais 97o-4st�988e • www�rgnee�inoom