HomeMy WebLinkAboutTHUNDERBIRD ESTATES SIXTH DRAKE SHOPS - Filed ED-EASEMENT DEDICATION - 2006-11-15Av06- s
DEED OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned DRAKE VITAMINS
LLC, a Colorado limited liability company ("Grantor"), being the owner of certain real property in
Larimer County, Colorado legally described at Reception No. 2006-0016292 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 grant to the City of Fort
Collins, Colorado, a Municipal Corporation, for public use forever a permanent non-exclusive utility
easement 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.
Grantor reserves the right to use the easement area for any purpose consistent with the rights
and privileges herein granted and which will not interfere with the use granted herein, including the
right to install and maintain landscaping, sidewalks and curbs within the easement area, provided
however that it shall be the duty of the Grantor to remove, at its expense, any such improvements
upon the request of the Grantee if such removal is reasonably needed by Grantee in the exercise of its
rights under this easement.
Witness our hands and seals this ' day of 2006.
Grantor:
DRAKE VITAMINS LLC,
a Colorado limited liability company
By: Drake Real Estate Services LLC,
a glorado limited liability company
to
Hauser, its Manager
Name and Address:
Drake Vitamins LLC
c/o Drake Real Estate Services LLC
600 17"' Street, Suite 700 South
Denver, CO 80202
Attn: Jon Hauser
LEGAL DESCRIPTION
EMERGENCY ACCESS EASEMENT
A PARCEL OF LAND LOCATED IN LOT 1, THUNDERBIRD ESTATES SIXTH
SUBDIVISION, BEING A PART OF THE NORTHWEST 114 OF SECTION 25,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTH LINE OF LOT 1 OF THUNDERBIRD ESTATES
SIXTH FILING AS RECORDED IN BOOK 1376 AT PAGE 518 OF THE LARIMER
COUNTY RECORD, MONUMENTED ON THE WEST BY A 1" BRASS DISC
MARKED "2' WC PLS 37963" AND ON THE EAST BY A #4 REBAR WITH A
PLASTIC CAP MARKED "PLS 27609", ASSUMED TO BEAR S89045'00"W, WITH
ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE N89045'00"E, ON SAID SOUTH LINE, A DISTANCE OF 2.68 FEET, TO A
POINT OF CURVATURE, AND THE POINT OF BEGINNING;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID
CURVE HAVING A DELTA OF 82019'12" AND A RADIUS OF 50.00 FEET, AN
ARC LENGTH OF 71.84 FEET, THE CHORD OF SAID CURVE BEARING
N48°50'24"E, WITH A DISTANCE OF 65.82 FEET, TO A POINT OF TANGENCY;
THENCE N90000'00"E, A DISTANCE OF 24.77 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 90000'00" AND A RADIUS OF 30.00 FEET, AN ARC
LENGTH OF 47.12 FEET, THE CHORD OF SAID CURVE BEARING N45°00'00"E,
WITH A DISTANCE OF 42.43 FEET, TO A POINT OF TANGENCY;
THENCE N00°00'00"W, A DISTANCE OF 66.14 FEET, TO A POINT ON THE
SOUTHERLY LINE OF THAT PARCEL OF LAND AS DESCRIBED AT
RECEPTION NO. 97024358, IN THE LARIMER COUNTY RECORDS;
THENCE N89044'54"E, ON SAID SOUTHERLY LINE, A DISTANCE OF 20.00
FEET;
THENCE S00°00'00"W, A DISTANCE OF 66.22 FEET, TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A DELTA OF 90000'00" AND A RADIUS OF 50.00 FEET, AN ARC
LENGTH OF 78.54 FEET, THE CHORD OF SAID CURVE BEARING S45°00'00"W,
WITH A DISTANCE OF 70.71 FEET, TO A POINT OF TANGENCY;
THENCE S90000'00"W, A DISTANCE OF 24.77 FEET. TO A POINT OF
CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 76057'24" AND A RADIUS OF 30.00 FEET, AN ARC
LENGTH OF 40.29 FEET, THE CHORD OF SAID CURVE BEARING S51-31'18"W,
WITH A DISTANCE OF 37.33 FEET, TO A POINT OF NON -TANGENCY, AND
THE SOUTH LINE OF SAID LOT 1;
THENCE S89045'00"W, ON SAID SOUTH LINE, A DISTANCE OF 20.33 FEET, TO
THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 4,197 SQUARE FEET.
I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND
SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION
AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE
CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INF ATION, AND
BELIEF, ARE CORRECT.
t,AA J X. WASHB URN, PROFESSIONAL LAND SURVEYOR
COLORADO PLS NO.37963
FOR AND ON THE BEHALF OF JR ENGINEERING LLC
2620 EAST PROSPECT ROAD, SUITE 190
FORT COLLINS, CO. 80525
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITYFOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTSAND RECOMMENDS CONSULTATION WITH
ANATTORN£Y.
X:\3940000.all\3948000\Word\Legals\3948000LX2 EAE.doc
State of Colorado )
) ss
City and County of Denver)
The foregoing instrument was acknowledged before me this I`I day of UlkL
2006, by Jon Hauser, as Manager of Drake Real Estate Services LLC, a Colorado limited liability
company, as Manager of Drake Vitamins LLC, a Colorado limited liability company, Grantor.
Witness my hand and official seal.
My commission expires: jC)Zg 0g
ATTORNEY'S CERTIFICATION
JEANNE M ROONEY
Notary Public
State of Colorado
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 Latimer 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)(0 of the Land Use Code.
A'my R 1, Esq.
BroVatOein Hyatt & Farber P.C.
410 17a' Street, Twenty Second Floor
Denver, CO 80202
Registration NO.
Date: 06
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 7day of
200k.
ram;
Cameron Gloss
'Cameron
delegee for the rector of Community Planning
and Environmental Services
ATTEST:
City Clerk
G
W
m
Z
W
Lu
aa
W
J
O
V
N44'54'00"E
7.09'
NORTHWESTERLY
LINE OF LOT 1
DRAKE AVENUE
T / --7 T,
S89-4454"W 799
5' UTILITY EASEMENT
633 SQ. FT.
LOT 1
THUNDERBIRD ESTATES
SIXTH SUBDIVISION
S89'45'00"W 150.00'
2' WC TO WEST BASIS OF BEARING
1" DISC IN WALK S. LINE LOT 1, THUDERBIRD
PLS 37963" LOT 4, THUNDERBIRD ESTATES SIXTH SUBDIVISION
ESTATES SIXTH SUBDIVISION
S00'00'45"E
5.00'
\POINT OF
BEGINNING
POINT OF
COMMENCEMNT
SE CORNER LOT 1
FOUND P&C
"LS 27609"
LEGAL DESCRIPTION
UTILITY EASEMENT
A PARCEL OF LAND LOCATED IN LOT 1, THUNDERBIRD ESTATES SIXTH SUBDIVISION,
BEING A PART OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTH LINE OF LOT 1 OF THUNDERBIRD ESTATES SIXTH FILING AS
RECORDED IN BOOK 1376 AT PAGE 518 OF THE LARIMER COUNTY RECORD, MONUMENTED
ON THE WEST BY A 1" BRASS DISC MARKED "2' WC PLS 37963" AND ON THE EAST BY A ##4
REBAR WITH A PLASTIC CAP MARKED "PLS 27609", ASSUMED TO BEAR S89°45'00"W, WITH
ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE N00°00'45"W, ON THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 134.00, TO A
POINT ON A LINE 5.00 FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF
THAT PARCEL OF LAND AS DESCRIBED AT RECEPTION NO. 97024358, AND THE POINT OF
BEGINNING;
THENCE S89044'54"W, ON SAID PARALLEL LINE, A DISTANCE OF 129.08, TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LOT 1;
THENCE N44054'00"E, ON SAID NORTHWESTERLY LINE, A DISTANCE OF 7.09, TO A POINT ON
THE SOUTHERLY LINE OF SAID PARCEL;
THENCE N89044'54"E, ON SAID SOUTHERLY LINE, A DISTANCE OF 124.08, TO A POINT ON THE
EASTERLY LINE OF SAID LOT l;
THENCE S00°00'45"E, ON SAID EASTERLY LINE, A DISTANCE OF 5.00, TO THE POINT OF
BEGINNING;
CONTAINING A CALCULATED AREA OF 633 SQUARE FEET.
I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION, AND BELIEF, ARE CORRECT.
CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR
COLORADO PLS NO.37963
FOR AND ON THE BEHALF OF JR ENGINEERING LLC
2620 EAST PROSPECT ROAD, SUITE 190
FORT COLLINS, CO. 80525
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS
TRACTOR YERIFYEASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR
OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH ANATTORNEY
X:13940000.a11\3948000\Word\Legals\3948000LX3 UTILITY ESMT.doc
Aoo6-6
DEED OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned DRAKE VITAMINS
LLC, a Colorado limited liability company ("Grantor"), being the owner of certain real property in
Latimer County, Colorado legally described at Reception No. 2006-0016292 in the Latimer 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 grant to the City of Fort
Collins, Colorado, a Municipal Corporation, for public use forever a permanent non-exclusive
easement for emergency access in the City of Fort Collins, County of Latimer, 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 the City of Fort Collins will not accept the duty of
maintenance of such easement.
Grantor reserves the right to use the easement area for any purpose consistent with the
rights and privileges herein granted and which will not interfere with the use granted herein,
including the right to use the land for a public or private road, provided however, that it shall be
the duty of the Grantor to remove, at its expense, any such improvements upon the request of the
Grantee if such removal is reasonably needed by Grantee in the exercise of its rights under this
easement.
Witness our hands and seals this fL�day of ^ 12006.
Grantor:
DRAKE VITAMINS LLC,
a Colorado limited liability company
By: Drake Real Estate Services LLC
a Colorado limited liability company,
Zger
By:
Jon Hauser, Manager
Name and Address:
Drake Vitamins LLC
c/o Drake Real Estate Services LLC
600 17t' Street, Suite 700 South
Denver, CO 80202
Attn: Jon Hauser
State of Colorado )
) ss
City and County of Denver)
The foregoing instrument was acknowledged before me this 111-S y of 001-41
2006, by Jon Hauser, as Manager of Drake Real Estate Services LLC, a Colorado lAnited
company, as Manager of Drake Vitamins LLC, a Colorado limited liability company, Grantor.
Witness my hand and official seal.
My commission expires: �C) 28 06
JEANNE M ROONEY
Notary PibiIC
Stole of Colorado
tary Public
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. �L A, C"
Amy R hl, Esq.
Bro stein Hyatt & Farber P.C.
410 17"' Street, Twenty Second Floor
Denver, CO 80202
Registration No. 7�0
Date: 06
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 f'l h day of
5j. , 200_. i
�eron Gloss /
As delegee for the Director of Community Planning
and Environmental Services
ATTEST:
City Clerk
01
POINT OF
COMMENCEMENT
SW COR. LOT 1
DRAKE AVENUE
S89'44'54"W 113.06'
T� - - /--� 7 -
REC. NO. 97024358
N89'44'54"E 124.08' 20.00'
O
41
NI
31
al
LOT 1
oI
oI
THUNDERBIRD ESTATES
SIXTH SUBDIVISION
Pi
of
of
of
ZI
NI
6=90,00'00"
I
I
I
I
R=30.00'
L-47.12' \
1
�82'19'12•
CH=42.43' \.
R=50.00'
N45'00'00"E /
L=71.84'
CH=65.82'�
/
N48'50'24"E
�_____
i ' N9000'00"E 24.77'
/
,
EMERGENCY ACCESS EASEMENT
A-90'00'00"
/
4,197 SO. FT. /
//
R=50.00'
S90'00'00"W 24.77"
L=78.54'
-'�F=76'57 24"
CH=70.71'
R=30.00'
S45'00'00"W
L=40.29'
CH=37.33'
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of>
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3 3 Ld Z
a UPx
O O
JQNN
o o 3�w
z z ~
oQ
I w
2' WC TO WEST �v
S89'45'00"W
150.00'
i" DISC IN WALK
POINT OF BEGINNING
FOUND
"PLS 37963"
N89'4500"E 2.68'
BASIN O
INHUDERBIR "LS 2,
OBEA
LOT 4,
THUNDERBIRD ESTATES SIXTH
SUBDIVISION
ESTATES SIXTH
SUBDIVISION