HomeMy WebLinkAboutMONTAVA - PHASE D CORE AND IRRIGATION POND - BDR240006 - SUBMITTAL DOCUMENTS - ROUND 4 - Easements4875-0427-2884, v. 2
DEED OF DEDICATION OF EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned MONTAVA
PARTNERS, LLC, a Colorado limited liability company (“Grantor”), being the owner of certain
real property in Larimer County, Colorado described in the Larimer County Assessor’s Records
as Parcel Numbers 88320-00-001, 88330-00-002, 88330-00-001, 88330-00-005 and 88330-00-
006, 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 utilities in the City of Fort Collins, County of Larimer, State of
Colorado, more particularly described on Exhibit A, consisting of twelve (12) pages, 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]
4875-0427-2884, v. 2
Witness our hands and seals this ___ day of ________, 202__.
Grantor:
Montava Partners, LLC
a Colorado limited liability company
By: Cameron Investments L.C.,
an Idaho limited liability company, its Manager
By: __________________________________
___________________[name], Manager
Address: 225 N. 9th Street, Suite 530
Boise, ID 83702-5735
State of _____________)
) ss
County of ___________ )
The foregoing instrument was acknowledged before me this ___ day of __________,
202__, by ________________________ as Manager of Cameron Investments L.C., Manager
of Montava Partners, LLC.
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
4875-0427-2884, v. 2
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.
Berg Hill Greenleaf Ruscitti
By: ___________________________
Peter C. Schaub
Address: 1712 Pearl Street
Boulder, CO 80302
Registration No. 37973
Date: _________________________
PARCEL DESCRIPTION
A parcel of land, situate in the Southwest Quarter of Section Thirty-three (33),Township 8 North (T.8N.),
Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of
Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the West corner of said Section 33 and assuming the West line of said NW1/4 as
bearing South 00°35'37" East a distance 2633.48 feet, being monumented by a 3.25" Brass cap stamped
PLS 15278 in a range box at the Northwest corner and a 3.25" Brass cap stamped PLS 15278 in a
monument box at the West corner and with all other bearings contained herein relative thereto;
THENCE South 89°48'29" East a distance of 50.00 feet to the South line of that parcel as described in the
Special Warranty Deed as recorded May 31, 2016 as Reception No. 20160033867 of the Larimer County
Clerk & Recorder, and the POINT OF BEGINNING;
THENCE South 89°48'29" East, on said South line, a distance of 15.00 feet to a point on a line 15.00 feet
east and parallel with said Easterly Right-of-Way of Giddings Road;
THENCE South 00°33'45" East a distance of 2591.90 feet to a point on the Northerly Right-of-Way or
Mountain Vista Drive;
THENCE South 89°58'54" West, on said Northerly Right-of-Way, a distance of 15.00 feet, to a point on the
Easterly Right-of-Way of Giddings Road;
THENCE South 00°33'45" West, on said Easterly Right-of-Way, a distance of 2591.96 feet to the POINT
OF BEGINNING;
Said described parcel of land contains 38,879 Square Feet or 0.893 Acres, more or less (±).
SURVEYOR'S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description
was prepared from under my personal supervision and checking, and that it is true and correct to the best
of my knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
SURVEYOR'S STATEMENT
Note: This drawing does not represent
a monumented land survey. Its sole
purpose is a graphic representation.
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 by
commend more than ten years from the
date of the certification shown hereon.
(CRS 13-80-105)
Steven Parks PLS 38348
on behalf of Majestic Surveying, LLC
PARCEL DESCRIPTION
A parcel of land, situate in the Northwest Quarter of Section Thirty-three (33),Township 8 North (T.8N.),
Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of
Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the West corner of said Section 33 and assuming the West line of said NW1/4 as
bearing South 00°35'37" East a distance 2633.48 feet, being monumented by a 3.25" Brass cap stamped
PLS 15278 in a range box at the Northwest corner and a 3.25" Brass cap stamped PLS 15278 in a
monument box at the West corner and with all other bearings contained herein relative thereto;
THENCE South 89°48'29" East a distance of 50.00 feet, to a point on the Easterly Right-of-Way of
Giddings Road, and the POINT OF BEGINNING;
THENCE North 00°35'37" West, on said Easterly Right-of-Way, a distance of 1091.87 feet to the South
line of that parcel as described in the Special Warranty Deed as recorded May 31, 2016 as Reception No.
20160033867 of the Larimer County Clerk & Recorder;
THENCE South 82°29'42" East, on said South line, a distance of 15.15 feet to a point on a line 15.00 feet
East and parallel with said Easterly Right-of-Way of Giddings Road;
THENCE South 00°35'37" East, on said Parallel line, a distance of 1089.94 feet to the North line of that
parcel as described in the Special Warranty Deed as recorded May 31, 2016 as Reception No.
20160033867 of the Larimer County Clerk & Recorder;
THENCE North 89°48'29" West a distance of 15.00 feet to the POINT OF BEGINNING;
Said described parcel of land contains 16,364 Square Feet or 0.376 Acres, more or less (±).
SURVEYOR'S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description
was prepared from under my personal supervision and checking, and that it is true and correct to the best
of my knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
SURVEYOR'S STATEMENT
Note: This drawing does not represent
a monumented land survey. Its sole
purpose is a graphic representation.
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 by
commend more than ten years from the
date of the certification shown hereon.
(CRS 13-80-105)
Steven Parks PLS 38348
on behalf of Majestic Surveying, LLC
PARCEL DESCRIPTION
A parcel of land, situate in the Northwest Quarter of Section Thirty-three (33),Township 8 North (T.8N.),
Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of
Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the Northwest corner of said Section 33 and assuming the West line of said NW1/4 as
bearing South 00°35'37" East a distance 2633.48 feet, being monumented by a 3.25" Brass cap stamped
PLS 15278 in a range box at the Northwest corner and a 3.25" Brass cap stamped PLS 15278 in a
monument box at the West corner and with all other bearings contained herein relative thereto;
THENCE South 00°35'37" East a distance of 1542.29 feet:
THENCE North 89°24'23" East a distance of 50.00 feet, to a point on the Easterly Right-of-Way of
Giddings Road, and the POINT OF BEGINNING;
THENCE North 00°35'37" West, on said Easterly Right-of-Way, a distance of 456.77 feet to the South line
of that parcel as described in the Special Warranty Deed as recorded May 31, 2016 as Reception No.
20160033867 of the Larimer County Clerk & Recorder;
THENCE North 89°24'18" East, on said South line, a distance of 15.00 feet to a point on a line 15.00 feet
East and parallel with said Easterly Right-of-Way of Giddings Road;
THENCE South 00°35'37" East, on said Parallel line, a distance of 458.91 feet to the North line of that
parcel as described in the Special Warranty Deed as recorded May 31, 2016 as Reception No.
20160033867 of the Larimer County Clerk & Recorder;
THENCE North 82°29'42" West, on said North line, a distance of 15.15 feet to the POINT OF BEGINNING;
Said described parcel of land contains 6,868 Square Feet or 0.158 Acres, more or less (±).
SURVEYOR'S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description
was prepared from under my personal supervision and checking, and that it is true and correct to the best
of my knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
SURVEYOR'S STATEMENT
Note: This drawing does not represent
a monumented land survey. Its sole
purpose is a graphic representation.
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 by
commend more than ten years from the
date of the certification shown hereon.
(CRS 13-80-105)
Steven Parks PLS 38348
on behalf of Majestic Surveying, LLC
PARCEL DESCRIPTION
A parcel of land, situate in the Northwest Quarter of Section Thirty-three (33),Township 8 North (T.8N.),
Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of
Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the Northwest corner of said Section 33 and assuming the West line of said NW1/4 as
bearing South 00°35'37" East a distance 2633.48 feet, being monumented by a 3.25" Brass cap stamped
PLS 15278 in a range box at the Northwest corner and a 3.25" Brass cap stamped PLS 15278 in a
monument box at the West corner and with all other bearings contained herein relative thereto;
THENCE South 00°35'37" East a distance of 1085.52 feet:
THENCE North 89°24'23" East a distance of 50.00 feet, to a point on the Easterly Right-of-Way of
Giddings Road, and the POINT OF BEGINNING;
THENCE on said Easterly Right-of-Way following Four Courses (4);
1.THENCE North 00°35'37" West a distance of 3.57 feet;
2.THENCE South 89°24'18" West a distance of 20.04 feet;
3.THENCE North 00°35'42" East a distance of 258.80 feet;
4.THENCE South 35°00'49" East a distance of 35.46 feet to the North line of that parcel as described in
the Special Warranty Deed as recorded May 31, 2016 as Reception No. 20160033867 of the Larimer
County Clerk & Recorder;
THENCE South 35°00'50" East, on said North Line, a distance of 26.54 feet, to a point on a line 15.00 feet
East of and Parallel with said Easterly Right-of-Way of Giddings Road;
THENCE on said Parallel line following Five Courses (5);
1.THENCE South 00°35'37" East a distance of 26.54 feet;
2.THENCE North 35°00'49" West a distance of 35.46 feet;
3.THENCE South 00°35'42" East a distance of 195.37 feet;
4.THENCE North 89°24'18" East a distance of 20.04 feet;
5.THENCE South 00°35'37" East a distance of 18.57 feet to the North line of that parcel as described in
the Special Warranty Deed as recorded May 31, 2016 as Reception No. 20160033867 of the Larimer
County Clerk & Recorder;
THENCE South 89°24'18" West, on said North Line, a distance of 15.00 feet to the POINT OF
BEGINNING;
Said described parcel of land contains 4,604 Square Feet or 0.106 Acres, more or less (±).
SURVEYOR'S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description
was prepared from under my personal supervision and checking, and that it is true and correct to the best
of my knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
SURVEYOR'S STATEMENT
Note: This drawing does not represent
a monumented land survey. Its sole
purpose is a graphic representation.
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 by
commend more than ten years from the
date of the certification shown hereon.
(CRS 13-80-105)
Steven Parks PLS 38348
on behalf of Majestic Surveying, LLC
PARCEL DESCRIPTION
A parcel of land, situate in the Northwest Quarter of Section Thirty-three (33),Township 8 North
(T.8N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins,
County of Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the Northwest corner of said Section 33 and assuming the West line of said NW1/4 as
bearing South 00°35'37" East a distance 2633.48 feet, being monumented by a 3.25" Brass cap stamped
PLS 15278 in a range box at the Northwest corner and a 3.25" Brass cap stamped PLS 15278 in a
monument box at the West corner and with all other bearings contained herein relative thereto;
THENCE South 00°35'37" East, along said West line, a distance of 852.41 feet:
THENCE North 89°24'23" East a distance of 50.00 feet, to a point on the Easterly Right-of-Way of
Giddings Road, and the POINT OF BEGINNING;
THENCE North 00°35'37" East, on said Easterly Right-of-Way, a distance of 801.85 to a point on the
Southerly Right-of-Way of Richards Lake Road;
THENCE South 89°57'45" East, on said Southerly Right-of-Way, a distance of 15.00 feet to a point on a
line 15.00 feet East and parallel with said Easterly Right-of-Way of Giddings Road;
THENCE South 00°35'37" East, on said parallel line, a distance of 823.58 feet to the North line of that
parcel as described in the Special Warranty Deed as recorded May 31, 2016 as Reception No.
20160033867 of the Larimer County Clerk & Recorder;
THENCE North 35°00'50" West, on said North line, a distance of 26.54 feet to the POINT OF BEGINNING;
Said described parcel of land contains 12,191 Square Feet or 0.280 Acres, more or less (±).
SURVEYOR'S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description
was prepared from under my personal supervision and checking, and that it is true and correct to the best
of my knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
SURVEYOR'S STATEMENT
Note: This drawing does not represent
a monumented land survey. Its sole
purpose is a graphic representation.
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 by
commend more than ten years from the
date of the certification shown hereon.
(CRS 13-80-105)
Steven Parks PLS 38348
on behalf of Majestic Surveying, LLC
PARCEL DESCRIPTION
A parcel of land, situate in the Northeast Quarter of Section Thirty-two (32),Township 8 North (T.8N.),
Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of
Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 32 and assuming the East line of said NE1/4 as
bearing South 00°35'37" East a distance 2633.48 feet, being monumented by a 3.25" Brass cap stamped
PLS 15278 in a range box at the Northeast corner and a 3.25" Brass cap stamped PLS 15278 in a
monument box at the East corner and with all other bearings contained herein relative thereto;
THENCE South 00°35'37" East a distance of 49.26 feet:
THENCE South 89°24'23" West a distance of 49.96 feet, to a point on the Westerly Right-of-Way of
Giddings Road, and the POINT OF BEGINNING;
THENCE South 00°35'37" East, on said Westerly Right-of-Way, a distance of 904.31 feet;
THENCE North 45°07'27" West a distance of 21.39 feet to a point on a line 15.00 feet East and parallel
with said Westerly Right-of-Way of Giddings Road;
THENCE North 00°35'37" West, on said parallel line, a distance of 889.31 feet to a point on the Southerly
Right-of-Way of Richards Lake Road;
THENCE South 89°39'06" East, on said Southerly Right-of-Way, a distance of 15.00 feet to the POINT OF
BEGINNING;
Said described parcel of land contains 13,452 Square Feet or 0.309 Acres, more or less (±).
SURVEYOR'S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description
was prepared from under my personal supervision and checking, and that it is true and correct to the best
of my knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
SURVEYOR'S STATEMENT
Note: This drawing does not represent
a monumented land survey. Its sole
purpose is a graphic representation.
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 by
commend more than ten years from the
date of the certification shown hereon.
(CRS 13-80-105)
Steven Parks PLS 38348
on behalf of Majestic Surveying, LLC