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Home My WebLink AboutSALUD FAMILY HEALTH CENTER LOT 4 - FDP200011 - SUBMITTAL DOCUMENTS - ROUND 5 - Easements DEED OF DEDICATION OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned Vertical Bridge Towers IV LLC, a Delaware limited liability company, ("Grantor") whose mailing address for purposes of this deed is 750 Park of Commerce Drive, Suite 200, Boca Raton, FL 33487, being the owner of certain real property in Larimer County, Colorado legally described as set forth on Exhibit A attached hereto and by this reference made a part hereof, in consideration of the mutual covenants set forth in this deed and other good and valuable consideration, does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal Corporation, (“Grantee”) whose mailing address for purposes of this deed is PO Box 580, Fort Collins, CO 80522, for public use forever a permanent easement for a water line 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 foregoing waterline will be installed by and at the expense of Salud Family Health, Inc. (“Salud”), whose mailing address for purposes of this deed is 203 S. Rollie Ave, Fort Lupton, CO 80621 and who joins in this deed for the purpose of agreeing to the conditions of the installation of the waterline within the Easement. The Grantee’s rights under the Easement are limited as to the right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easement a water line consistent with the intended purpose of the Easement. Grantee and Salud each acknowledges that the Easement perpendicularly traverses Grantor’s easement for utilities and the location of Grantors power and fiber lines. The following are express conditions of the grant of this Easement to Grantee, which are also agreed to by Salud: 1. The water pipeline shall be installed by Salud at a depth of not less than thirty (30) inches below Grantor’s fiber and power cables. 2. Salud shall be permitted to bore under the Grantor’s fiber and power cables, as long as such boring is at least thirty (30) inches below Grantor’s fiber and power cables. 3. Salud shall be strictly liable for any damage to Grantor’s fiber and power cables during initial installation of said water line. 4. For initial installation of said water line, if Salud damages Grantor’s fiber and power cables and in doing so interrupts the operation of Grantor’s broadcast facilities, the harm to Grantor and its tenants cannot be calculated with specificity. Accordingly, Salud agrees with Grantor that in the event that Salud or its contractors damage Grantor’s fiber and power cables and in doing so interrupts the operation of Grantor’s broadcast facilities, Salud shall pay to Grantor liquidated damages of Twenty Five Thousand ($25,000.00) Dollars per day for each day that the operation of Grantor’s broadcast facilities is affected. This shall be in addition to the actual costs incurred to repair such damage. The city of Fort Collins will assume responsibility after initial installation is completed. The Grantee 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 Grantee does not accept the duty of maintenance of the Easement, or of improvements in the Easement that are not owned by the Grantee. 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 Towers IV or other written agreement with the Grantee, 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 Grantee has the right to require the Grantor to remove such obstacles from the Easement. If Grantor does not remove such obstacles, the Grantee may remove such obstacles without any liability or obligation for repair and replacement thereof, and charge the Grantor the Grantee's costs for such removal. If the Grantee chooses not to remove the obstacles, the Grantee will not be liable for any damage to the obstacles or any other property to which they are attached. The rights granted to the Grantee by this Deed inure to the benefit of the Grantee's agents, licensees, permittees and assigns. Witness our hands and seals this day of July, 2024. Grantor: Vertical Bridge Towers IV LLC, a Delaware limited liability company By:_____________________ Title: 750 Park of Commerce Drive, Suite 200 Boca Raton, FL 33487 State of Florida County of Palm Beach The foregoing instrument was acknowledged before me by means of physical presence this ____ day of June, 2024, 2023, by Adam B. Ginder, as Vice President and Associate General Counsel of Vertical Bridge Towers IV, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me. ______________________________ Notary Public Printed Name: _________________ My Commission Expires: ____________________ Commission # ________ Salud Family Health Centers By:__________________________ State of Colorado County of ____________ The foregoing instrument was acknowledged before me by means of physical presence this ____ day of July, 2024, 2023, by ___________, as ____________ of Salud Family Health, Inc., a Colorado corporation, on behalf of the company. ______________________________ Notary Public Printed Name: _________________ My Commission Expires: ____________________ Commission # ________ 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 , 2024. 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. FORT COLLINS: 301 North Howes Street, Suite 100, 80521 | 970.221.4158 GREELEY: 820 8th Street, 80631 | 970.395.9880 | WEB: www.northernengineering.com DESCRIPTION: A tract of land being a portion of that tract of land recorded at Reception No. 20080039353, located in the Northwest Quarter of Section 10, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of the Northwest Quarter as bearing North 89° 14' 44" West and with all bearings contained herein relative thereto: COMMENCING at the Center Quarter corner of Section 10; thence along the South line of the Northwest Quarter of Section 10, North 89° 14' 44" West, 330.31 feet; thence departing said South line, North 00° 45' 16" East, 50.00 feet to the Southeast corner of Lot 1, Leeper Subdivision; thence, North 00° 23' 46" East, 681.26 feet to the POINT OF BEGINNING; thence, North 00° 23' 46" East, 20.00 feet; thence, South 89° 14' 44" East, 20.00 feet; thence, South 00° 23' 46" West, 20.00 feet; thence, North 89° 14' 44" West, 20.00 feet to the POINT OF BEGINNING. The above described tract of land contains 400 square feet, more or less, and may be subject to easements and rights-of-way now on record or existing. LMS November 15, 2023 S:\Survey Jobs\1067-001\Dwg\Exhibits\1067-001 EXHIBIT DESCRIPTION.docx Page 1 of 2 EKBLAD ADDITION LOT 1 LEEPER SUBDIVISION WEST LAPORTE AVENUE SOUTH LINE OF THE NW 14 SECTION 10 BASIS OF BEARINGS N89°14'44"W 20.00' N00°23'46"E 20.00' S89°14'44"E 20.00' S00°23'46"W 20.00' AREA 400 sq. ft. N00°45'16"E 50.00'N89°14'44"W 330.31' N0 0 ° 2 3 ' 4 6 " E 6 8 1 . 2 6 ' UNPLATTED PARCEL NO. 9710200040 RECEPTION NO. 20150003372 RECEPTION NO. 20080039353 RECEPTION NO. 2015004297 RECEPTION NO. 20080039353 POINT OF COMMENCEMENT CENTER 14 CORNER SECTION 10-7-69 POINT OF BEGINNING NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. PAGE 2 OF 2 DRAFT 11-15-23 PRELIMI N A R Y - N O T F O R C O N S T R U C T I O N , RECORD I N G P U R P O S E S O R I M P L E M E N T A T I O N S:\SURVEY JOBS\1067-001\DWG\EXHIBITS\1067-001 EXHIBIT.DWG EXHIBIT A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO