HomeMy WebLinkAboutLegal - Easement - 11/06/2024 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 P.O. Box 580, Fort Collins,CO 80522, for public
use forever a permanent easement for a water line("Water Line") in the City of Fort Collins, County of Larimer,
State of Colorado(the"Easement"), more particularly described and depicted on Exhibit A,
The foregoing Water Line 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
as the third-party beneficiary, the Developer of the adjacent property, for the purpose of agreeing to and being
bound by the conditions of the installation and maintenance of the Water Line 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. The Grantee and Salud each acknowledge that the Easement perpendicularly traverses the Grantor's
easement for utilities and the location of the Grantor's power and fiber lines ("Critical infrastructure"). So long
as the Grantor's Critical Infrastructure remains in the Easement,the following are express conditions of the grant
of this Easement, which are agreed to by either Salud or the Grantee, as specified below:
1. Salud shall install the Water Line at a depth of not less than thirty (30) inches below Grantor's
Critical Infrastructure, and the Water Line where it passes below the Critical Infrastructure must
be encased in a steel casing with valves to control water flow on either side of the Critical
Infrastructure.
2. Salud shall be allowed to bore under the Grantor's Critical Infrastructure for the installation of
the Water Line, as long as such boring is at least thirty (30) inches below the Grantor's Critical
Infrastructure.
3. Salud shall be strictly liable for any damage to Grantor's Critical Infrastructure during initial
installation of said Water Line. Salud will make such repairs or take such other action as may be
necessary to restore the Critical Infrastructure to a condition comparable to its condition before
installation of the Water Line.
4. For Salud's installation of the Water Line and the duration of Salud's maintenance and repair
guarantee obligations set forth in an approved plan of development or other written agreement
with the Grantee for the Water Line, if Salud damages the Grantor's Critical Infrastructure and in
doing so interrupts the operation of the Grantor's broadcast facilities,the harm to the Grantor and
its tenants cannot be calculated with specificity. Accordingly, Salud agrees with the Grantor that
in the event that Salud or its contractors damage the Grantor's Critical Infrastructure and in doing
so interrupt the operation of the Grantor's broadcast facilities, Salud shall pay to the Grantor
liquidated damages of twenty five thousand dollars ($25,000.00) per day for each day that the
operation of the Grantor's broadcast facilities is interrupted as a result of said damage.This daily
liquidated damage payment shall be in addition to the actual costs incurred to repair such damage.
5. The Grantee agrees that it will repair any damage to the Grantor's Critical Infrastructure caused
by the Grantee's activities. In the event of damage to Grantor's Critical Infrastructure, Grantee
promptly and without undue delay will make such repairs or take such other action as may be
necessary to restore the Critical Infrastructure to a condition comparable to its condition as of the
completion of the installation of the Water Line.
b. The Grantee further agrees that any direct access needed to the Water Line when exercising its
rights granted by this Easement will be done by boring at least thirty (30) inches below the
Grantor's Critical Infrastructure, unless otherwise directed by the City of Fort Collins acting City
Engineer.
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.The Grantor
will maintain the surface of the Easement in a sanitary condition in compliance with any applicable weed,nuisance
or other legal requirements.
The 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.
[SIGNATURES ON FOLLOWING PAGES]
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Witness our hands and seals this`day of November,2024.
Grantor: Vertical Bridge Towers IV, LLC,
a Delaware limited liability company
Adam B. Ginder
Title: Vice President
Address:
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-eday of
November, 2024, by Adam B. Ginder as Vice President of Vertical Bridge Towers IV, LLC, a Delaware limited
liability company, on behalf of the company. He is personally known to me.
e.. ........
Notary Public WY pu
Printed Name: 6re.A4 �� ?•• �c-
My Commission Expires: = MY COMMISSION =
5e&rnber EXPIRES 9-16-2028 _
Commission# u A S$xG71OF FU
oJji�j�g'Et�
Third-Party Ben ici
By: -�
ame: John Santistevan
Title: EO Pre s i dent
Address:
203 South Rollie Avenue
Ft. Lupton, Colorado 80621
State of Colorado
County of Q&
The foregoinguPstrument was acknowledged before me by means of physical presence this day of
2024, by�J '' � PU e ' 4 of Salud Family Health, Inc.. a Colorado
corporation, on behalf of�the�t company.
0
Notary Public
Printed Name:0L'5,,-Jq ey►'C'(765 GISELA TERRAZAS
My C mm.ission -Ex ires NOTARY PUBLIC
P State of Colorado
a0_-)7 Notary ID#20074001773
Commission# -227 y<p p/7?j IMY commission Expires 09/25/2027
This Deed of Dedication of Easement 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 of Dedication of Easement 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:
E PS NF
NORTHERN
GROUP ENGINEERING
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 of Section 10 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,North 89'14'44"West,along the South line of the Northwest Quarter of Section 10,a distance of
330.31 feet;
THENCE,North 00°45' 16" East,departing said South line,a distance of 50.00 feet to the Southeast corner of Lot
1,Leeper Subdivision;
THENCE,North 00'23'46" East,a distance of 681.26 feet to the POINT OF BEGINNING;
THENCE,North 00'23'46" East,a distance of 20.00 feet;
THENCE,South 89'14'44" East,a distance of 20.00 feet;
THENCE,South 00'23'46"West,a distance of 20.00 feet;
THENCE,North 89'14'44"West,a distance of 20.00 feet to the POINT OF BEGINNING.
Containing400 square feet,more or less.
May be subject to easements,rights-of-way,covenants and restrictions of record.
Exhibit attached hereto and made a part hereof.
SURVEYOR'S CERTIFICATE
I,Robert C.Tessely,a Colorado Registered Professional Land Surveyor,do hereby certify that this property
description was prepared under my personal supervision and checking,that it is true and correct to the best of
my knowledge,information and belief and is in accordance with applicable standards of practice. This is not a
guaranty or warranty,either expressed or implied.14 CCR 730-11
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Robert C.Tessely
Colorado Professional Land Surveyor No.38470
For and on behalf of EPS Group,Inc.
EPS GROUP,INC.
301 North Howes Street,Suite 100
Fort Collins,Colorado 80521
(970)221-4158
November 20,2024
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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
RECEPTION NO.
20080039353
S89014'44"E 20.00'
N00023'46"E 20.00' AREA
POINT OF 400 sq. ft.
BEGINNING._
I'CSOO.23'46"W 20.00'
UNPLATTED N89014'44"W 20.00'
PARCEL NO. 6,1
RECEPTION NO. 9710200040 RECEPTION NO.
2015004297 20080039353
EKBLAD
N ADDITION
w
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Co
LOT 1 z
LEEPER RECEPTION NO.
SUBDIVISION 20150003372
SOUTHEAST
— — CORNER LOT 1 — —
— — — — — — N00°45'16"E
_ — — 50.00' — — N89°14'44"W _—
WEST LAPORTE AVENUE —L 330.31'
SOUTH LINE OF THE
NW%SECTION 103�'— POINT OF
BASIS OF BEARINGS COMMENCEMENT
CENTER%4 CORNER
SECTION 10-7-69
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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.
150 0 150 Feet
EPA hU
` u IIu N RTHEE
( IN U.S. SURVEY FEET ) rt I N 41
970.221.4158 nothernengineering.com
1 inch = 150 ft. PAGE 2 OF 2
FORT COLLINS I GREELEV I MESA I GOODYEAR I TUCSON I NORTH PHOENIX I FORT WORTH
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