HomeMy WebLinkAboutTHE ELLIE AT OLD TOWN NORTH - FDP240015 - SUBMITTAL DOCUMENTS - ROUND 1 - Easements
DEED OF DEDICATION OF EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned Ellie OTN, LLC
(“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as
____________________ 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 drainage and utilities 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 our hands and seals this ___ day of ________, 202__.
Grantor:
By: ___________________
Title: _________________
Name and Address:
______________________
______________________
______________________
ATTEST:
By: ________________
Title: _______________
State of _____________)
) ss
County of ___________)
The foregoing instrument was acknowledged before me this ___ day of __________, 202__,
by _____________________ as ________________, and _________________ as
________________.
Witness my hand and official seal.
My commission expires: ____________________
______________________
Notary Public
This Deed of Dedication is accepted by the Director of Community Development and
Neighborhood Services pursuant to Section 6.2.5 of the Land Use Code of the City of Fort
Collins this ______day of __________, 202__.
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 6.3.3 (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 6.3.3(C)(3)(f) of the Land Use
Code.
______________________________
Attorney
Address _______________________
_______________________
Registration No. ________________
Date: _____________
8' utility & access easement /
garage & fence setback
Tract A
E a s t S u n i g a R o a d
Bl
o
n
d
e
l
S
t
r
e
e
t
a l l e y
8' utility & access easement /
garage & fence setback
Southeast corner of Tract A
Point of Commencement
S 0°38'02" W
5.75'
N 89°07'08" W
4.50'
8.
1
7
'
S
1
°
1
4
'
4
8
"
W
28
.
0
2
'
S
1
°
3
0
'
1
1
"
E
8.
1
5
'
S
0
°
3
8
'
0
2
"
W
S 89°21'58" E
4.68'
S 0°38'02" W
2.19'
8.14'
S 89°21'58" E
N 30°58'24" E
7.28'
25
.
6
0
'
N
0
°
3
8
'
0
2
"
E
7.42'
S 89°21'58" E
13
.
5
4
'
N
0
°
3
8
'
0
2
"
E
7.42'
N 89°21'58" W
6.
8
4
'
N
0
°
3
8
'
0
2
"
E
12.96'
N 89°27'07" W
east tract line
N
0
0
°
3
8
'
0
2
"
E
6
6
.
0
6
'
Point of
Beginning
drainage easement
943 sq. ft.
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R e v i s i o n sDate#
Party Chief
Survey Tech
Proj. Manager
Field Date Prepared for:Project#:
1205 Des Moines Ave,
Loveland, Colorado 80537
Office 970.669.2100 - Info@plscorporation.com
PLS Corporation
NOTICE: According to Colorado
law you must commence any
legal action based upon any
defect in this survey within three
years after you first discover such
defect. In no event, may any
action based upon any defect in
this survey be commenced more
than ten years from the date of
the certification shown hereon.
Description Exhibit
MBS
n/a
n/a
n/a
Van Horn Development Management
23057.008d
0
20
10
N
o
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-
S
c
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e
1
"
=
1
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Notes:
-This is not a Monumented Land Survey.
-Easements and rights of way shown are based on the subdivision plat of
OLD TOWN NORTH FIFTH FILING, as recorded at reception #
20200031386, of the public records of Larimer County, Colorado.
-No title search was performed by surveyor. There may be matters of
record not shown on this survey.
-Distances shown are in U.S. Survey Feet
Legal Description:
A portion of Tract A, OLD TOWN NORTH FIFTH FILING, City of Fort
Collins, County of Larimer, State of Colorado.
COMMENCE at the Southeast corner of Tract A, OLD TOWN NORTH
FIFTH FILING, City of Fort Collins, County of Larimer, State of Colorado
thence N 00°38'02" E for a distance of 66.06 feet along the east line of
said Tract A to the POINT OF BEGINNING;
thence N 00°38'02" E for a distance of 13.54 feet continue along the said
east line of Tract A;
thence N 89°21'58" W for a distance of 7.42 feet;
thence N 00°38'02" E for a distance of 6.84 feet;
thence N 89°27'07" W for a distance of 12.96 feet;
thence S 00°38'02" W for a distance of 5.75 feet;
thence N 89°07'08" W for a distance of 4.50 feet;
thence S 01°14'48" W for a distance of 8.17 feet;
thence S 01°30'11" E for a distance of 28.02 feet;
thence S 00°38'02" W for a distance of 8.15 feet;
thence S 89°21'58" E for a distance of 4.68 feet;
thence S 00°38'02" W for a distance of 2.19 feet;
thence S 89°21'58" E for a distance of 8.14 feet;
thence N 30°58'24" E for a distance of 7.28 feet ;
thence N 00°38'02" E for a distance of 25.60 feet;
thence S 89°21'58" E for a distance of 7.42 feet to the Point of Beginning.
Containing 943 square feet, more or less, and being subject to any
easements or right of ways of record.
Written by M. Bryan Short, Colorado PLS 32444
15' utility easement
8' utility & access easement /
garage & fence setback
Lot M1
a l l e y
E a s t S u n i g a R o a d
Tract A
Southwest corner of Tract A
Point of Commencement
west tract line
Point of
Beginning
utility
easement
91 sq. ft.10
.
6
2
'
S
0
°
3
8
'
0
2
"
W
8.60'
N 89°21'58" W
10
.
6
2
'
N
0
°
3
8
'
0
2
"
E
8.60'
S 89°21'58" E
8.
0
0
'
N
0
°
3
8
'
0
2
"
E
\\Mac\PLS Corp\Project\2023\23057\dwg\23057d008.dwg November 05, 2024 - 4:47pm
Office 970.669.2100 - Info@plscorporation.com
PLS Corporation
Loveland, Colorado 80537
1205 Des Moines Ave,
R e v i s i o n sDate#
Party Chief
Survey Tech
Proj. Manager
Field Date Prepared for:Project#:
NOTICE: According to Colorado law you must commence any legal
action based upon any defect in this survey within three years after you
first discover such defect. In no event, may any action based upon any
defect in this survey be commenced more than ten years from the date
of the certification shown hereon.
Description Exhibit
MBS
n/a
n/a
n/a
Van Horn Development Management
23057.008u
Notes:
-This is not a monumented land survey.
-No title search was performed by surveyor. There may be matters of
record not shown on this survey.
-Distances shown are in U.S. Survey Feet
0
20
10
N
o
r
t
h
-
S
c
a
l
e
1
"
=
1
0
'
Legal Description:
A portion of Tract A, OLD TOWN NORTH FIFTH FILING, City of Fort Collins,
County of Larimer, State of Colorado.
COMMENCE at the Southwest corner of Tract A, OLD TOWN NORTH
FIFTH FILING, City of Fort Collins, County of Larimer, State of Colorado
thence N 00°38'02" E for a distance of 8.00 feet along the west line of said
Tract A to the POINT OF BEGINNING;
thence N 00°38'02" E for a distance of 10.62 feet continue along the said
west line of Tract A;
thence S 89°21'58" E for a distance of 8.60 feet;
thence S 00°38'02" W for a distance of 10.62 feet;
thence N 89°21'58" W for a distance of 8.60 feet to the Point of Beginning.
Containing 91 square feet, more or less, and being subject to any easements
or right of ways of record.
Written by M. Bryan Short, Colorado PLS 32444