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HomeMy WebLinkAboutLegal - Easement - 04/30/2025Easement & Right of Way Dedications / Vacations REVISED ϬϵͬϮϳͬϮϬϮϯ TO BE SUBMITTED WITH PAYMENT Name ________________________________________________________ Company _____________________________________________________ Address ______________________________________________________ City/State/Zip____________________________ Phone Number __________________ Email ________________________________________________________________ Project Information Project Name / Subdivision _______________________________________________________________________________ Project Physical Address _________________________________________________________________________________ Project Type ______________________________________________ Project/Permit# _______________________________ Development Review Coordinator___________________________________________________________________________ Submit form and materials electronically to Development Review Coordinator Easement or Right of Way DEDICATION Type of Easement __________________ # of Dedications _____ [$725 ea.] Amount___________ Easement and Right of Way Dedication Process Easement VACATION Type of Easement __________________ # of Vacations _____ [$1,300 ea.] Amount___________ Vacation of Easements Process Right of Way VACATION # of Vacations _____ [$2,050 ea.] Amount___________ Right-of-Way Vacation Request Process Grand Total Amount$____________ Payments can be made by check or credit card. Check: Make payable to City of Fort Collins. Mail to the Development Review Center, 281 N College Ave, Fort Collins, CO 80524, OR place in the blue drop box located at the west side of the building. Credit Card: Would be processed over the phone. Credit card payments include a convenience fee of 2% + $0.25 added to all payments under $2,500.00, and 2.75% added to all payments over $2,500.00. Visit https://www.fcgov.com/engineering/devrev.php for more information. Please reach out to Engineering Development Review EngDevRev@fcgov.com with any questions. Upon acceptance, deeds are recorded with the Larimer County Clerk and Recorder’s office by your Development Review Coordinator. Larimer County Recording Fees will apply. Carl Szanton Szanton Development Company 4100 E. Mississippi Ave. 4th Floor 80246 303-335-0408 cszanton@szantoncompany.com 302 Conifer Apartments/Lot 13, Block 5, Replat No.1 of Evergreen Park 302 Conifer Street BDR240019 Draiange 1 $ 725.00 $ 0.00 $ 0.00 $ 725.00 Marissa Pomerleau - mpomerleau@fcgov.com Basic Development Review ✔ DEED OF DEDICATION OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned Arrowleaf Development LLC (“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as Lot 13, Block 5, Replat No. 1 of Evergreen Park 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 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: Carl Szanton Title: Manager Name and Address: Arrowleaf Development LLC 720 S. Colorado Boulevard, 13th Floor, North Tower Denver, Colorado 80246 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: _____________ REVIEW BY:DRAWN BY: DATE: PROJECT:Sheet Of Sheets THIS EXHIBIT IS NOT A MONUMENTED LAND SURVEY. IT IS MEANT TO AID IN THE VISUALIZATION OF THE ACCOMPANYING WRITTEN DESCRIPTION. THE WRITTEN DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. CLIENT: ARIZONA | COLORADO epsgroupinc.com970.221.4158 SECTION-TWP-RGE: S1-T7N-R69W 1 3 S:\Survey Jobs\2085-001\Dwg\Exhibits\2085-001_Detention Exhibit.dwg 2085-001 04/23/25 CSZANTON CO. L. SMITH T. HELGERSON EXHIBIT DESCRIPTION A parcel of land being a portion of Lot 13, Block 5 of Replat (No. 1) of Evergreen Park, located in the Southwest Quarter Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the south line of Lot 13 as bearing South 89° 20' 47” East, and with all bearings contained herein relative thereto: COMMENCING at the southeast corner of said Lot 13; THENCE North 16° 59' 07" West, a distance of 97.24 feet, to the POINT OF BEGINNING; THENCE North 89° 20' 47" West, a distance of 57.39 feet; THENCE North 00° 39' 13" East, a distance of 22.00 feet; THENCE North 89° 20' 47" West, a distance of 14.06 feet; THENCE South 00° 39' 13" West, a distance of 22.00 feet; THENCE North 89° 20' 47" West, a distance of 2.64 feet; THENCE along the arc of a curve concave to the southeast, a distance of 6.28 feet, said curve has a Radius of 4.00 feet, a Delta of 90° 00' 00" and is subtended by a Chord bearing South 45° 39' 13" West, a distance of 5.66 feet; THENCE South 00° 39' 13" West, a distance of 10.09 feet; THENCE South 45° 39' 13" West, a distance of 2.00 feet; THENCE North 89° 20' 47" West, a distance of 25.59 feet; THENCE South 00° 39' 13" West, a distance of 1.50 feet; THENCE North 89° 20' 47" West, a distance of 61.00 feet; THENCE North 00° 39' 13" East, a distance of 17.00 feet; THENCE North 89° 20' 47" West, a distance of 145.00 feet; THENCE North 00° 39' 13" East, a distance of 23.00 feet; THENCE South 89° 20' 47" East, a distance of 72.35 feet; THENCE along the arc of a curve concave to the northeast, a distance of 2.89 feet, said curve has a Radius of 4.00 feet, a Delta of 41° 24' 35" and is subtended by a Chord bearing South 68° 38' 29" East, a distance of 2.83 feet; THENCE South 89° 20' 47" East, a distance of 3.00 feet; THENCE along the arc of a curve concave to the northwest, a distance of 6.28 feet, said curve has a Radius of 4.00 feet, a Delta of 90° 00' 00" and is subtended by a Chord bearing North 45° 39' 13" East, a distance of 5.66 feet; THENCE North 00° 39' 13" East, a distance of 13.00 feet; THENCE South 89° 20' 47" East, a distance of 97.00 feet; THENCE South 00° 39' 13" West, a distance of 13.00 feet; THENCE along the arc of a curve concave to the northeast, a distance of 6.28 feet, said curve has a Radius of 4.00 feet, a Delta of 90° 00' 00" and is subtended by a Chord bearing South 44° 20' 47" East, a distance of 5.66 feet; THENCE South 89° 20' 47" East, a distance of 3.00 feet; THENCE along the arc of a curve concave to the northwest, a distance of 6.28 feet, said curve has a Radius of 4.00 feet, a Delta of 90° 00' 00" and is subtended by a Chord bearing North 45° 39' 13" East, a distance of 5.66 feet; THENCE North 00° 39' 13" East, a distance of 13.00 feet; THENCE South 89° 20' 47" East, a distance of 97.00 feet; THENCE South 00° 39' 13" West, a distance of 14.67 feet; THENCE along the arc of a curve concave to the northeast, a distance of 14.14 feet, said curve has a Radius of 9.00 feet, a Delta of 90° 00' 00" and is subtended by a Chord bearing South 44° 20' 47" East, a distance of 12.73 feet; THENCE South 89° 20' 47" East, a distance of 15.08 feet; THENCE South 00° 39' 13" West, a distance of 15.33 feet, to the POINT OF BEGINNING. Containing 0.26 acres (11,231 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. REVIEW BY:DRAWN BY: DATE: PROJECT:Sheet Of Sheets THIS EXHIBIT IS NOT A MONUMENTED LAND SURVEY. IT IS MEANT TO AID IN THE VISUALIZATION OF THE ACCOMPANYING WRITTEN DESCRIPTION. THE WRITTEN DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. CLIENT: ARIZONA | COLORADO epsgroupinc.com970.221.4158 SECTION-TWP-RGE: S1-T7N-R69W 2 3 S:\Survey Jobs\2085-001\Dwg\Exhibits\2085-001_Detention Exhibit.dwg 2085-001 04/23/25 CSZANTON CO. L. SMITH T. HELGERSON EXHIBIT SURVEYOR'S CERTIFICATE I, Tharen J. Helgerson, a Colorado 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. {4 CCR 730-1}. Tharen J. Helgerson Colorado Professional Land Surveyor No. 38882 For and on behalf of EPS Group, Inc. PRELIMI N A R Y FOR REV I E W O N L Y 04/23/25 11,231 Sq. Ft. ± 0.26 Acres ± LOT 13 BLOCK 5 REPLAT (NO. 1) OF EVERGREEN PARK CONIFER STREET LOT 12 BLOCK 5 REPLAT (NO.1) OF EVERGREEN PARK N1 6 ° 5 9 ' 0 7 " W 9 7 . 2 4 ' (T I E ) POINT OF COMMENCEMENT SOUTHEAST CORNER OF LOT 13 BASIS OF BEARINGS SOUTH LINE OF LOT 13 POINT OF BEGINNING S89°20'47"E 368.05' C2 L10 C3 L1 1 S89°20'47"E 97.00' L1 2 C4 L13 C5 L1 4 S89°20'47"E 97.00' L1 5 C6 L16 15 . 3 3 ' S0 0 ° 3 9 ' 1 3 " W 57.39' N89°20'47"W L1 L2 L3 L4 C1 L5 L6L7 L8 N89°20'47"W 61.00' L9 N89°20'47"W 145.00' 23 . 0 0 ' N0 0 ° 3 9 ' 1 3 " E S89°20'47"E 72.35' LINE TABLE Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 Direction N0°39'13"E N89°20'47"W S0°39'13"W N89°20'47"W S0°39'13"W S45°39'13"W N89°20'47"W S0°39'13"W N0°39'13"E S89°20'47"E N0°39'13"E S0°39'13"W S89°20'47"E N0°39'13"E S0°39'13"W S89°20'47"E Length 22.00' 14.06' 22.00' 2.64' 10.09' 2.00' 25.59' 1.50' 17.00' 3.00' 13.00' 13.00' 3.00' 13.00' 14.67' 15.08' CURVE TABLE CURVE C1 C2 C3 C4 C5 C6 LENGTH 6.28' 2.89' 6.28' 6.28' 6.28' 14.14' RADIUS 4.00' 4.00' 4.00' 4.00' 4.00' 9.00' DELTA 90°00'00" 41°24'35" 90°00'00" 90°00'00" 90°00'00" 90°00'00" BEARING S45°39'13"W S68°38'29"E N45°39'13"E S44°20'47"E N45°39'13"E S44°20'47"E CHORD 5.66' 2.83' 5.66' 5.66' 5.66' 12.73' REVIEW BY:DRAWN BY: DATE: PROJECT:Sheet Of Sheets THIS EXHIBIT IS NOT A MONUMENTED LAND SURVEY. IT IS MEANT TO AID IN THE VISUALIZATION OF THE ACCOMPANYING WRITTEN DESCRIPTION. THE WRITTEN DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. CLIENT: ARIZONA | COLORADO epsgroupinc.com970.221.4158 SECTION-TWP-RGE: S1-T7N-R69W 3 3 S:\Survey Jobs\2085-001\Dwg\Exhibits\2085-001_Detention Exhibit.dwg 2085-001 04/23/25 CSZANTON CO. L. SMITH T. HELGERSON EXHIBIT LEGEND EXISTING LOT LINE EXHIBIT BOUNDARY LINE NORTH ( IN U.S. SURVEY FEET ) 1 inch = feet 0'60' 60 A PARCEL OF LAND BEING A PORTION OF LOT 13, BLOCK 5 OF REPLAT (NO. 1) EVERGREEN PARK, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXISTING RIGHT-OF-WAY LINE Tharen J. Helgerson Colorado Professional Land Surveyor No. 38882 For and on behalf of EPS Group, Inc. PRELIMI N A R Y FOR REV I E W O N L Y 04/23/25