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Home My WebLink AboutCITY OF FORT COLLINS COUNTY ROAD 9 - Filed ED-EASEMENT DEDICATION - 2008-06-03EASEMENT DEDICATION KNOW ALL BY THESE PRESENTS: That Oak Farm Inc., a Colorado Corporation ("Grantor"), being the owner of the following described land, A portion of the West half of Section 32, Township 7 North, Range 68 West of the 6th P.M., City of Ft. Collins, County of Larimer, State of Colorado does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado ("City"), for public use a nonexclusive temporary fifteen (15.00) foot easement ("Easement") for Storm Drainage, Slope and Utility Easement and a temporary fifty (50.00) foot construction easement immediately adjacent to and on the East side of Timberline Road and on the Westerly side of the herein after described real property situated in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit A-1 and A-2 attached hereto. The Easement may be used only for the aforesaid purpose. All construction and other work within the Easement shall be in accordance with and subject to any applicable P.U.D., laws. ordinances, regulation, guidelines and requirements of the City Conditions and Restrictions and Grant of Easements, as any of the foregoing may be amended from time to time and whether or not of record as of the date of this Easement. Any person or entity performing construction and other work within the Easement shall, upon completion of construction and at its sole cost and expense, restore the surface of the ground to its condition immediately prior to the initiation of constructions, except as necessarily modified to accommodate improvements installed within the Easement, which restoration shall be completed within 30 days after the date of completion of such improvements. Any such person or entity shall properly repair any and all damage caused by or arising from its performance of construction or other work within the Easement and shall indemnify and hold the Grantor, its directors, officers, employees, invitees, agents, successors and assigns harmless from any and all expenses, including reasonable attorney's fees, losses, claim or damages, specifically including damages to the property of Grantor or its successors and licensees, arising from the performance of construction or other work within the Easement by such person or entity, its employees, agents, contractors, subcontractors and others under its direction or control. It is understood that the City is not a "person or entity" which will be engaging in the performance of construction or other work within the Easement and, accordingly, shall have no duty to restore the surface, repair damages or indemnify, as here in before required of "persons or entities." Grantor, its successors and assigns shall have the right, at their expense, to relocate the Easement and any improvements therein, if necessary in their discretion for development or sale of properties owned by then in the vicinity of the Easement. rsmoakease.doc In City of Fort Collins Engineering Department 0 Map # 10 kow *APO The Easement shall automatically terminate on the platting of the property including the Easement or the movement of the Easement pursuant to the preceding paragraph. 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 ,o d day of January, 1995. OAK FARM, INC., a Colorado Corporation ATTE T: i Rol5erta S. Martin, Secretary Michael S. Byrne, President STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this —'- day of Sanuary, 1995by Michael S. Byrne and Roberta S. Martin, as President and Secretary, respectively, of Oak Farm, Inc., a Colorado Corporation. WITNESS my hand and official seal. �- My commission expires: (S E A L) Npt"ary Public J This is to certifythat on the -4 day of ' 1995. f examined the title to the property as described hereon and established thaf the owners and proprietors of record of the said property as construed in C.R.S. 1973, 31-23-111, are shown herein as of said date. Michael A. Maxwell Hasler, Fonfara & Maxwell 125 South Howes, 6th Floor Ft. Collins, CO 80521 Registration No. 8755 rsmoakease.doc M EXHIBIT "A-1" A tract of land located in the 7 North, Range 68 West of the County of larimer, State of described as follows: Quarter of the said and with all bearings Commencing at the Southwest corner of the said Section 32; thence along the said West line, North 00 04 44 East 30.14 feet to the Westerly prolongation of the Northerly Right of Way of Harmony Road; thence along the said Westerly prolongation South 89021125" East 70.00 feet to the Easterly line of the proposed 70.00 foot wide Right of Way of Timberline Road; thence along the said proposed Easterly Right of Way, North 00°04'44" East 570.19 feet to the TRUE POINT OF BEGINNING of this description; thence continuing along the said proposed Right of Way, North 00°04'44" East 267.82 feet; thence leaving the said proposed Right of Way South 69°12'58" East 56.82 feet; thence South 89°55'16" East 60.73 feet- thence North 69°10'49" North 64°5East 117.35 feet; thence /i'S4" East 156.13 feet; thence South 38°14`59" East 70.66 feet; thence South 50°10'42" East 80.58 feet; thence South feet; East 28.03 feet; thence South 32°23'477 West 137.93 feet; thence 241.62 feet along the arc of a tangent curve concave to the Northwest having a central angle of 57°40'57" a radius of 240.00 feet, the long chord of the said curve bearsSbuth 61°14'.'16" West 231.55 feet; thence North 89°55'16" West 212.85 feet to the Point of beginning. Said parcel contains 2.7664 acres, more or less, and is subject to all existing easements and/or rights of way of record. West Half of Section 32, Township 6th P.M., City of Fort Collins, Colorado being more particularly Considering the West line of the Southwest Section 32 as bearing North 00004'44" East contained herein relative thereto: *0 I I � I W z i J m PROPOSED 15' UTILITY, STOR DRAINAGE AND SLOPE EASEM IST PROPOSED 50' TEMPORARY CONSTRUCTI k EASEMEN oQ� MILESTONE Tt;; HARMONY ROAD VICINITY MAP 01/17/95 MAP 5 N OAK FARM EASEMENTS F- z w 0W W 0 Q Lo Z N ¢ JO W J - o �� 5> �z I JO W m w mi Ww I N =Z Lq O N o a O � } IL G z4 N N — SLO 0 W0 9 hz �a I � z a a O Z � W QN Li L O ~ �z ~ XOa w M� LO z I00 w LO U z C z _€ !IUnn � Q � O a I r W z O W m � I F Q O z O Q 2 o ;lit - EASEMENT DEDICATION KNOW ALL BY THESE PRESENTS: That Oak Farm Inc., a Colorado Corporation ("Grantor"), being the owner of the following described land, A portion of the West half of Section 32, Township 7 North, Range 68 West of the 6th P.M., City of Ft. Collins, County of Larimer, State of Colorado does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado ("City"), for public use a nonexclusive temporary fifteen (15.00) foot easement ("Easement") for Storm Drainage, Slope and Utility Easement and a temporary fifty (50.00) foot construction easement immediately adjacent to and on the East side of Timberline Road and on the Westerly side of the herein after described real property situated in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit A-1 and A-2 attached hereto. The Easement may be used only for the aforesaid purpose. All construction and other work within the Easement shall be in accordance with and subject to any applicable P.U.D., laws, ordinances, regulation, guidelines and requirements of the City Conditions and Restrictions and Grant of Easements, as any of the foregoing may be amended from time to time and whether or not of record as of the date of this Easement. Any person or entity performing construction and other work within the Easement shall, upon completion of construction and at its sole cost and expense, restore the surface of the ground to its condition immediately prior to the initiation of constructions, except as necessarily modified to accommodate improvements installed within the Easement, which restoration shall be completed within 30 days after the date of completion of such improvements. Any such person or entity shall properly repair any and all damage caused by or arising from its performance of construction or other work within the Easement and shall indemnify and hold the Grantor, its directors, officers, employees, invitees, agents, successors and assigns harmless from any and all expenses, including reasonable attorney's fees, losses, claim or damages, specifically including damages to the property of Grantor or its successors and licensees, arising from the performance of construction or other work within the Easement by such person or entity, its employees, agents, contractors, subcontractors and others under its direction or control. It is understood that the City is not a "person or entity" which will be engaging in the performance of construction or other work within the Easement and, accordingly, shall have no duty to restore the surface, repair damages or indemnify, as here in before required of "persons or entities." Grantor, its successors and assigns shall have the right, at their expense, to relocate the Easement and any improvements therein, if necessary in their discretion for development or sale of properties owned by then in the vicinity of the Easement. rsmoakease.doc the property including the Easement or the movement of the Easement pursuant to the preceding paragraph. 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 1995. I;Kan Eckles, Trustee STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) this ��day of The foregoing instrument was acknowledged before me this�� day of 1995 by Dan Eckles, Trustee. WITNESS my hand and official seal. My commission expires: (SEAL) ATTORNEY'S CERTIFICATE This is to certify that on the i3" day of )o , 1995, I examined the title to the property as described hereon and established that the owners and proprietors of record of the said property as construed in C.R.S 1973, 31-23-111, are shown herein as of said date. �1 255 E. Monroe, Suite 4 Fort Collins, CO 80525 Texas 15890500 Accepted by the City of Fort Collins on the day of 199 City Clerk EXHIBIT "A-1" A tract of land located in the Went 11alf of 9ectlon 32, Township 68 West of the 6th P.H., City of Fort Collins, County Colorado being more 7 North, Range g particularly described as followse °f LarLmer, State of Considering the West line of the Southwest bearing North 00°Od'44'• Eaet and with all Quarter Of the said Section 32 as thereto; bearings contained herein relative Commencing at the Southwest corner of the said Section 32; thence West line, North 00.04'44" Eaat 30.14 feet to the Westerly Northerly Right of along the sale prolongation South 89Way of Harmony Roadl thence along prolongation of the foot wide Right 21'25^ East 70.00 feet to the Easterlythe said Westerly in the off lceh o of Way of Timberline Road as described In Reception No. of t9Ooo O1300 35 Easterly f the Clark and Recorder of said county; thence along BEGINNING Rofht of Way' North 00.04144" East 1811.43 feet to the the said this description; thence continuln TRUE POINT or North 00.04'44" East 776.47 feet, thence ti g along the said Right concave to the southeast having a central angle fast along t ofof Wee feet, the ion gle of 90 18'12" the arc of a curve the south g chord of the said curve bears North 45° radius of 15.Oo Ste south subdt of ivision P UWay thence Of Caribou Road of the 13.58" Of stone feet to proposed plat of Sunstone Village East 252.09 feet along the said south Right of a ° West 216.02 feet] thence leaving the Bald south R1 y' South 89 37'04" northeast thence 218.37 feet along the arc hof of Way' South 00 °t2'S6e having a central angle of 52°07'56" a radius of 240 00°feet the the chord of the said curve bears South 25°41.02" East 210.92 feet 51°45'00" East 280.05 feet; thence South 40° long 208.18 feet along 22'42" Weet 165.63 feetce South angle of 01"the arc s a curve concave to the northwest having a� thence g 49"42� a radius of g central bears South 65°13'44,, West 2O1.72'fee� feet, the long chord of the said curve to the point of beginning. thence North 89°55'16" West 287.69 feet The above described tract contains 6.7918 acres and is subject to a11 easements and rlghEa of way now existing. \ 0 g z < �0 I � 2 § z ) \ I § �§ �] }{ \/ \) 04 &( g \ �° E§ `° z § §2 } r / j y § ■ - ƒ ) \ § / (If § Ld \ 0 0 LL /§ P Ld /j 3 . b¥ _ 9+ /\ I