HomeMy WebLinkAboutSALUD FAMILY HEALTH CENTER LOT 4 - FDP200011 - SUBMITTAL DOCUMENTS - ROUND 5 - Supporting Documentation (5)
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, 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, 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
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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.
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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