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HomeMy WebLinkAboutBLOCK 24 CHERRY STREET STATION - Filed ED-EASEMENT DEDICATION - 2006-09-20Exhibit A-1 LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT 2310 East Prospect Fort Collins, CO 80525 ph:970.484.7477 fo:970.484.7488 www.tec-engrs.com A 5.00 FOOT WIDE PERMANENT UTILITY EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 20040106608, LARIMER COUNTY RECORDS, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, LYING NORTH OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS: A PORTION OF THE SOUTH LINE OF BLOCK 24, MAP OF THE TOWN OF FORT COLLINS DATED JANUARY 16, 1873 BEING MONUMENTED AT THE SOUTHWEST CORNER OF SAID RECEPTION NUMBER BY A #4 REBAR AND BLUE PLASTIC CAP STAMPED "LS 14823, RBD" AND AT THE EAST END BY A PK NAIL AND BRASS TAG STAMPED "LS 17497" IS ASSUMED TO BEAR N89058'00"E A DISTANCE OF 255.46 FEET. BEGINNING AT THE REBAR AND BLUE PLASTIC CAP MARKING SAID SOUTHWEST CORNER OF SAID RECEPTION NUMBER 20040106608; THENCE N89058'00"E ON SAID SOUTH LINE A DISTANCE OF 191.36 FEET TO THE POINT OF TERMINUS, SAID POINT BEING THE SOUTHEAST CORNER OF SAID RECEPTION NUMBER. THE SIDELINES OF SAID 5.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE EASTERLY AND WESTERLY LINES OF SAID RECEPTION NUMBER 20040106608. CONTAINING A CALCULATED AREA OF 954 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT: I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL D PTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSI 1� ND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. �QP�-,,,,,, STFo a 31938 y cr /C)6 i 20 0 tv RICH RD W. PALS, REGIS D LAND SURwY R COLORADO NO. 31938 c 3S '"....... gJQ FOR AND ON BEHALF OF TH aN OMPANY 7 \\ co M \j k 00 i)_ --- ®y§ })§Ki ��®z 00 )\/ ���2 \}// � AD z�wm u m®� ©��sa /o / //)2 \ 00 o � §\ \2j - !j 56 . §) t\` , \ co »a §aZ §§ (§ §§ Lo ui TY § § § r r r z z �_ QZa aoZZ �NF-� r 3 �z E-< 20< 3 OQa �O�Ow� �!7~! W U a Z W :7 p OOn�j zxJ Q ✓� = —<OOQ (S] S r w 0 X C W W V) C Ii CC (DF W w I..a V U O W W N S O Z W 0 0 0 Z Z Z J Q TWO rZ rZZ] za zZVI WW 0 U a 0 U w 9 0 I U' O, 2¢ Dm Z W QdU VUOOOU Wlrlwro oz�� ,..a W" ¢Nm< x I o= w>a x`n3 Jr JOO U 0 1 zr,o� =ox=x zr aom w Q�z� rvlw3t-aoa Jar I I Q 0 W n LRO AS)z oCO RP I UNION PACIFIC NCH a a a T COLLINS BRA a V FOR i zz 0 < 0 .N 00 N V� � w ma N r:F 1 N W O O_ O r a oN s N N Z O o Q 0 Z w U < O r r"1 aom w W U 0 mNQ� U Q w Z m "O wm ? U 0 a 00 = L O Y N �(A p JM U rn V) O a GG mm N O w Ni [� ,>1 r. Z w Zcr z co O V m �� a S\ � O a um Of� am� U o o Oe <z as ( O`� s Zp v 3 do Um y DQ e� �o a� �O CL o `� m� NQ�vVdJ aM �0 N oN mm r" ZeJ o n aQ N Q O `yy � a LI 0 VN L) Q o ti J jQ - Z N 0 Od p0 O .Si 00 LL W _ w W a � ILp S < m v F m N � Vt N O b O a ��l Iaa3|ow| ey »! r - \ R a z 3 / � I � }j \ w°2 c / )§!: e ƒ}\} ^»°d ,� ■,2r k \ !( !! % r i9DNO-w DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned ToJo LLC & North College Lofts LLC, both known as Colorado Limited Liability Companies, ("the Grantors"), being the owners of certain real property in Larimer County, Colorado legally described of jVV ,pt4 # )q6/ in Exhibit A in the Larimer County Records, inconsideration 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, for public use forever a permanent easement for drainage purposes 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. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this a4k day of 2006. Pape 1 of I Grantors: ToJo LLC A Colorado Lii toe i Title: MAti1• T ,Jrj� !,6 G Name and Address: MI KA& ZZ3 14. 6a1-144 AYa FO127' r:O 2 ., North College Lofts A Eolorada Lt�i' nited Title: Name�ndNAd ress: t1A,rC� l a n ,bierng {) 9 FbAt i-z- � 0 5� ti ATTEST: State of � ,wN�.ss County of 1.TV1�) The foregoing instrument was acknowledged before me this'tdL day of 204 by 1tiV4L1-dA,1d.1,,1 as44, I-L.-it L,,c ,and _At(Ct.ii1AWe=,aa 'rYtn2�F. Ci.�G_z l' t5 Witness my hand and official seal. My commission expires: LIENHOLDER'S CONSENT RENPE WYNDHAM NOTARY PUBLIC STATE OF COLORADO Mar.1, Jack Hibler and Michael Rieger are the beneficiaries of a Deed of Trust recorded on November 4, 2004 at Reception No. 20040106609. We hereby consent and approve the granting of this easement as stated herein and agree that the terms of our deed of trust shall be subordinate to the easement granted. Michael Rieger ATTEST: State of Colorado ) ss County of Latimer ) The foregoing instrument was aclatowledged before me thi A' day of YLfn . 20f&, by Michael Reieer. Witness my hand and official se " My commission expires. P lic , GEORGIANAJ. DEINES Page 2 of 1 State of i L42 ss County of E' ) -7 f" / The foregoing instrument was acknowledged before me thi§ ay of i G'2` , 200 , by Jack Hibler Witness my hand and official seal. My commission expires: ��? Y TRt IA J .F� ,,Nolary Public ,. E,.p„aa 11112j2C3e dW V-lb00N32<254: i.....:::.........n:0,ft...N,°,b,.ry. Nan.::« .i 111310 : ollN1711.iM401M11► I Entrust Administration, Inc is the beneficiaries of a Deed of Trust recorded on October 7, 2005 at Reception No. 20050085858. 1, A.J. Glaser as owner of the self directed IRA, do declare that I have authority on behalf of Entrust Administration, Inc. and with that authority do hereby consent and approve the granting of this sement as stated herein and agree that the terms of the deed of trust shall be subordinate to the a ent grtgRed. State of Colorado ss County of Larimer ) The foregoing instrument was acknowledged before me this ay of rf I , 200� by A.J. Glaser. Witness my hand and official seal. My commission expires: '11-/d2- D [ary Public Page 3 of I 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 115 L ; 11lgj rt I i rl— OL, 4:77 C.11inS (a 6c,5).1 Registration No. 1'1$Sq Date: V-1 3 - 0& This Deed of Dedication is accepted by the Director of Community Planning and Environmental Services pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this day of 200 ( . 1 Cameron Gloss / ( As delegee for the Director of Community Planning and Environmental Services ATTEST: City Clerk Page 4 of 4 i Exhibit A A parcel of land being a portion of Block 24, in the original Map of the Town of Fort Collins, Larimer County, Colorado January 16, 1873, within the NE 1/4 of Section 11, Township 7 North, Range 69 West of the 6' P.M. and more particularly described as follows: Considering the East line of said Block 24 as bearing S 00002'00" E and with all other bearings herein being relative thereto: Commencing at the SE comer of said Block 24; thence S 89°58'00" W 102.03 feet along the said southerly line of said Block 24 to a point 25 feet measured radially and westerly from the centerline of the main track of the Fort Collins Branch of the Union Pacific Railroad Company as now constructed and operated and the True Point of Beginning; thence continuing S 89°58'00" W 192.02 feet along the Southerly line of said Block 24 to a point 294.05 feet westerly along a line parallel with and 294.05 feet distance westerly, measured at right angles from said easterly line of Block 24, N 00°02'00" W 9.80 feet at a point 25 feet distance southeasterly measured radially from the centerline of the main track of the Colorado and Southern Railroad as now constructed and operated, formerly known as the Fort Collins Development Railway Company, said point being the beginning of a non tangent curve concave southeasterly, the center of which bears S 47°01'07" E a distance of 521.44 feet; thence northeasterly along said curve; through an angle of 13 °41'07" and arc distance of 124.55 feet, more or less; thence N 00°02'00" W a distance of 2.10 feet; thence N 56 °40'00" E a distance of 92.82 feet; more or less to a point 25.00 feet distant westerly measured radially from said centerline of the main track of the Fort Collins Branch of the Union Pacific Railroad Company, said point also being the beginning of a non tangent curve concave easterly, the center of which bears N 86°26'24" E a distance of 980.37 feet; thence southerly along said curve, through an angle of 08 °26'24" an arc distance of 144.41 feet to the True Point of Beginning. Exhibit A-1 LEGAL DESCRIPTION 7* PERMANENT DRAINAGE EASEMENT 2310 East Prospect Fort Collins, CO 80525 ph:970.484.7477 fa: 970.484.7488 www.tec-angrs.com A PERMANENT DRAINAGE EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER 20040106608, LARIMER COUNTY RECORDS, LOCATED IN THE NORTHEAST ONE - QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: A PORTION OF THE SOUTH LINE OF BLOCK 24, MAP OF THE TOWN OF FORT COLLINS DATED JANUARY 16, 1873 BEING MONUMENTED AT THE SOUTHWEST CORNER OF SAID RECEPTION NUMBER BY A #4 REBAR AND BLUE PLASTIC CAP STAMPED "LS 14823, RBD" AND AT THE EAST END BY A PK NAIL AND BRASS TAG STAMPED "LS 17497" IS ASSUMED TO BEAR N890560WE A DISTANCE OF 255.46 FEET. COMMENCING AT THE REBAR AND BLUE PLASTIC CAP MARKING SAID SOUTHWEST CORNER OF SAID RECEPTION NUMBER 20040106608; THENCE N89°58'00"E ON SAID SOUTH LINE A DISTANCE OF 174.68 FEET; THENCE N00°02'00"W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE N00002'00"W A DISTANCE OF 15.00 FEET; THENCE N89058'00"E A DISTANCE OF 12.70 FEET TO A POINT ON CURVE, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ON SAID WESTERLY RIGHT OF WAY LINE AND ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 0*53-37", A RADIUS OF 980.37 FEET, A DISTANCE OF 15.29 FEET, THE CHORD OF WHICH BEARS S11 010'31 "E A DISTANCE OF 15.29 FEET TO A POINT WHICH LIES 5.00 FEET, MEASURED AT RIGHT ANGLES, NORTH OF SAID SOUTH LINE; THENCE S89958'00"W A DISTANCE OF 15.65 FEET TO THE POINT OF BEGINNING CONTAINING A CALCULATED AREA OF 212 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. 1, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIB D ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. APD ___Q7Sr� :s 31938 RICHA14D W. PALS, REGIST F{4NO SUR COLORADO NO. 31938 Fss''••.,",..•' FOR AND ON BEHALF OF THE Ai>EeRY° PANY