HomeMy WebLinkAboutWHITMAN STORAGE FACILITY II AND ADDITION OF PERMITTED USE - FDP200017 - SUBMITTAL DOCUMENTS - ROUND 1 - EASEMENTSDEED OF DEDICATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RANDY WHITMAN
(“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as
LOT 3, BLOCK 1, LYNN ACRES SUBDIVISION, situate in the Southwest Quarter of Section 12,
Township 6 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado, 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 Stormwater Detention Facilities 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 access within the Easement consistent with
the intended purpose of the Easement. Grantor reserves the right to use the Easement for purposes that
do not interfere with the full enjoyment of the rights hereby granted. By acceptance of this dedication,
the City of Fort Collins will not accept the duty of maintenance of the Easement. 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 April , 2017.
Grantor: RANDY WHITMAN
By:
Randy Whitman
Name and Address:
Randy Whitman
209 East Skyway Drive
Fort Collins, Colorado 80525
State of Colorado )
) ss
County of Larimer )
The foregoing instrument was acknowledged before me this day of April , 2017
by Randy Whitman .
Witness my hand and official seal.
My commission expires:
Notary Public
This Deed of Dedication is accepted 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 day of , 2017.
Rick Richter
As delegee for the Director of Planning, Development,
and Transportation Service Unit
ATTEST:
City Clerk
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)(f) of the Land Use Code.
Attorney
Address
Registration No.
Date: