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HomeMy WebLinkAboutLegal - Easement - 06/23/2017 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,1 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO DEED OF DEDICATION OF EASEMENT Al)r� —y 3 KNOW ALL MEN BY THESE PRESENTS: That the undersigned Kederike,LLC,a Colorado limited liability company, whose address is PO Box 230, Ridgway, CO 81432 ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described at reception number #20000031800 ("Grantor Property") 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 emergency access 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 of emergency vehicles and personnel to access the Easement; the right to designate the Easement as a fire lane with the enforcement of provisions required through said designation of a fire lane; and the right to cite, ticket, and/or tow vehicles and/or remove obstructions within the Easement that prevent and/or restrict the maintaining of emergency access. 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. 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 any other obstruction that would negatively impact the ability of emergency vehicles and personnel to utilize the Easement as intended,designed and approved. In the event such obstacles are installed on 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. Notwithstanding any other term in this Easement, the Easement may only be used to access the Grantor Property and the real property legally described in the Larimer County Records at reception number 20160040659 and any property thereon. This Easement may be executed in counterparts and each of such fully executed counterparts of this Easement shall be deemed to be an original for the purposes hereof. Witness our hands and seals this43rLday of < _, 2017. Page I of 8 J City Clerk's Office, Fort Collins, Colorado RECEPTION#20170051847, 8/3/2017 10:29:40 AM,2 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO Grantor: By:Kenneth E.DeLine Title:Manager Kederike, LLC, a Colorado limited liability company State of of J-o ) ss County of J The foregoing instrument was acknowledged before me this day of�r-C 12017,by Kenneth E.DeLine as Manager of Kederike,LLC. Witness my hand and official seal. My commission expires: C.& x, Not Public MONICA DONOSO NOTARY PUBLIC STATE OF COLD.1•DO NOTARY ID 20054f)47Y09 MY COI'AMISSIM EI:F'.'I-B i2/1312017 Page 2 of 8 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,3 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO This Easement is accepted by the Director of Planning, Development,and Transportation Service Unit pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this_2.51 day of attl�/ , 2017. 7 ®�10Rr � i angenbe r T elegee for the Director of Planning, SEALa jSe elopment, and Transportation Service Unit ATTEST: 04"* City Clerk Page 3 of 8 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,4 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO As of this Ail day of—� ,2017 and in accordance with Section 2.2.3 (C)(3)(c)of the Land Use Code of the City of Fort Collins,this Easement is approved by Qualfon Data Services Group LLC,who has a lease for the Grantor By: Title: Qualfon Data Services Group LLC State of ss County of The foregoing instrument was acknowledged before me this G day of awl 14 , 2017,by 6cla, �,;_�,, as of Qualfon Data Services,Group,LLC. Witness my hand and official seal. Jo " My commission expires: O 3 -U-1-zl ?kbffy PW&C 0 Se of Umb Connwtiort dOt371I *1 Qwzftsion Exam tary Public AMneh�' � Page 4 of 8 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,5 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO N As of this day of ,2017 and in accordance with Section 2.2.3 (C)(3)(d)of the Land Use Code of the City of Fort Collins,this Easement is approved by , who has a financial encumbrance upon the Grantor Property. By: Title: Entity: State of ) ss County of ) The foregoing instrument was acknowledged before me this_day of , 2017,by as of Witness my hand and official seal. My commission expires: Notary Public Page 5 of 8 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,6 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO As of this D-')� day ofe�,2017 and in accordance with Section 2.2.3 (C)(3)(e) of the Land Use Code of the City of Fort Collins, this Easement is approved by Colorado Early Colleges Building Corporation, who has an easement upon the Grantor Property. 001LOK—)i A� By: Keith King Title: Administrator Colorado Early Colleges Building Corporation State of ss County of The foregoing instrument was acknowledged before me this�a---day of 2017, by Keith King as Administrator of Colorado Early Colleges Building Corporation. Witness my hand and official seal. FSHERRY H WHITLOCK NOTARY PUBLIC My commission expires: ATE OF COLOIRADO ARY �93�42%596g�t�tdfPIR SEPTEMBER 16,2020 Notary Page 6 of 8 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,7 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO 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) Land Use Code. t e Address "t2. � '3$ Registration No. Zb 5 Date: y Page 7 of 8 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,8 of 10,$58.00 Angela Myers,Clerk&Recorder,Larimer County,CO Exhibit A (legal and sketch) Page 8 of 8 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,9 of 10,S58.00 Angela Myers,Clerk&Recorder,Larimer County,CO EXHIBIT A DESCRIPTION: A PART OF THE PARCEL OF LAND DESCRIBED AT RECEPTION NO. 87045718, BEING A PART OF LOT 19, REPLAT OF LOTS 13, 14, 15, 16 AND 18, GOLDEN MEADOWS BUSINESS PARK, LOCATED IN THE SOUTH HALF OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL, THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89048'18"WEST A DISTANCE OF 39.84 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89048'18"WEST A DISTANCE OF 615.00 FEET, THENCE NORTH 00-11'42" EAST A DISTANCE OF 11.35 FEET TO THE WESTERLY LINE OF SAID LOT 19, THENCE ALONG SAID WESTERLY LINE NORTH 45013'03" EAST A DISTANCE OF 5.17 FEET, THENCE SOUTH 89048"8" EAST A DISTANCE OF 611.35 FEET, THENCE SOUTH 00011'42"WEST A DISTANCE OF 15.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 0.21 ACRES MORE OR LESS. BASIS OF BEARING: BEARINGS ARE BASED ON THE SOUTHERLY LINE OF THE PARCEL DESCRIBED AT RECEPTION NO. 87045718, ASSUMING TO BEAR NORTH 89048'18" �00 L/CF C5 i F U e - 6/9/17 38056 Weston D. Sp e 4�rmfr'$l Land Surveyor Colorado P.L.S No. for and on behalf of CCS Consultants, Inc. 2893 N. Monroe Ave Loveland. CO 80538 Phone (970)635.3031 1 OF 2 RECEPTION#20170051847, 8/3/2017 10:29:40 AM,10 of 10,$58.00 Angela Myers,Clerk&Recorder,Larimer County,CO EXHIBIT A FA PART OF THE PARCEL OF LAND DESCRIBED AT RECEPTION NO. 87045718 CITY OF FORT COLLINS,COUNTY OF LARITMER. STATE OF COLORADO I OT 19 REPLAT OF LOTS 13, 4, 15. 16 AND 18 GOLDEN MEADOWS BUSINESS PARK N 45'13'03" E 1n S 00'11'42" W 5.17 ----S 89_48'18" E 611.35' 15.00 N 00'11'42" E ------- ----------L-------- 11.35' N 89'48'18' W 615.00' P.O.B. P.D.C. x t19,4S/S OF B£A�S'/NV o � SOUTHERLY LINE OF THE N 89'48'18" W a < PARCEL DESCRIBED AT 39.84 Ln RECEPTION NO 87045718Lri zo w za Ln J O O C-) 0- N m 1 0 r;Ln LOT 19 Q v of `- o REPLAT OF LOTS 3, 14, 15, 16 AND 18 a- w Q GOLDEN MEADOWS BUSINESS PARK z � O w O =) J � zo � Co w w Q J f J 0 I � 4 � r r � q 1 Of 6 Z I 0 W Q n �pID0 Ltd oy p`s�,�'Ls SCALE: N.T.S. j UO 6/9/!7 Ryu o DATE: 06.09.2017 z 38056 ; SHEET 2 OF 2 ZUj N L LAN S 0 C.C.S. CONSULTANTS, INC. L 4860 Robb Street,Suite 206 2893 N.Monroc Ake Wheat Ridge.CO 80033 Loveland,CO 80538 lhi5 exhibit does rot represent o monumented s✓rivy. /t Phone:303.403.4706 Phone.97U.635.3U31 is intended only to depict the attoched description. a