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HomeMy WebLinkAboutBUILDERS SQUARE EXPANSION PUD - Filed ED-EASEMENT DEDICATION - 2002-11-08my OF ,_, Grr.i.liv R(7PTN H g4100/hh 1.2/13/44 014 V-0p # PAGF:R, no M ROD_F.NRWR(iVP 12F('OHDFIH, f,AR7MFF7 QOIINT'V rO i;`I'A'TF; j)Or pM;p; 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 Northeast quarter of Section 1, Township 6 North, Range 69 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 easement ("Easement") for a Temporary Drainage, Utility and Ingress/Egress Easement in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit B 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 hereinbefore 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 �� 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 � a day of August, 1994. ATTEST: ��� ",-)'o'a, Roberta S. Martin, Secretary STATE OF COLORADO ) ss. COUNTY OF LARIMER ) OAK FARM, INC., a Colorado Corporation Michael S. Byrne, President The foregoing instrument was acknowledged before me this ,` day of August, 1994 by 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: (SEAL) ,� j\—,� ( Votary Public ATTORNEY'S CERTIFICATE This is to certify and on the j day of ��SwSr, 1994, 1 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. Michael A. Maxwell Hasler, Fonfara & Maxwell 125 South Howes, 6th Floor Ft. Collins, CO 80521 Registration No. 8755 rsmoakease.doc r HARMONY MARKET P. U.D. SECOND FILING 105.42' 177.54'. 1s89'S5'3dW 29.72' 590'00'0(1'E CURVE DATA A - 1741'40• R - 375.00' L - 83.08' CH- 82.92' CB- N8T39'ld'E BUILDERS SQUARE EXPANSION P. U.D. LOT I J I L NE CORNER POINT OF SEC1, TON, R69W COMMENCEMENTFND 4 REBAR W/ OR: SEAL 897.72, COLORADO STATE ANY 66 �aZr1s•w ._— _.._� __ _. a S 3' 24.52' / `✓i 10'00•W N46'21'21'W � a Yw 56.04' N9000'0!f'F. HH' 0 3 4, bo • FIST 1/4 CORNER SECT, TON, R69W ^ b POINT OF FND p4 REBAR o N /BEGINNING IN VALVE BDx SET NVL Y TAG IN ASPH.LLT LS 25251 / S90'00'00" W 16.94' N00'00'O0d E 28.90' S00'00'00'W 5.50' N90'00'0(" E TRACT 2 UTILITY AND INGRESS/ EGRESS EASEMENT , )o 50 0 100 200 1"=100' -gin :�..,ATION: REGISTERED LAND SURVEYOR i 25.96' S34'37' 43' E 34.72' N34'37'4.T W ,3 143.29' sz S A �� BTRACf ui TRACT I DRAINAGE EASEMENT itiry100E0 D rw 30.00' N90'00'01TE EXHIBIT: 1207A KELLY SURVEYING ASSOCIATES, INC. SUITE #207 REVISED ST BRIARWOOD AVE. E KSA APPROVED ENGLEEWOAA OD, COLORADO 80112 — (303)792-5257 CHECKED PnaEcr: DRAWN CM 6/22/9a EASEMENTS FOR BUILDERS SQUARE SURVEYED I LOWON (m-S9) NEt 4 OF SECT T6N, R69W, CITY OF FT COLLINS, LARIMER COUNT) ACTION BY DATE JOB N0. 1207 PRQIECf N0. A RN FltE N0. 1207A S M 1 3 __ 0 6/22/94 JOB # 1207. PAGE 2 OF 3 Two easements located in the Northeast Quarter of Section 1, Township 6 North, Range 69 West of the 6th P.M., City of Ft. Collins, County of Larimer, State of Colorado, being further described as follows: Tract 1 Commencing at the Northeast corner of said Section 1; thence along said East line S0001010011W, 49.94 feet; thence N89050100"W, 63.00 feet to a point on the southerly right-of-way line of Colorado State Highway No. 68; thence along said right-of-way, N46021121"W, 24.52 feet; thence S8904511511W, 897.72 feet to the northeasterly most corner of Harmony Market P.U.D. Second Filing; thence along the easterly boundary of said P.U.D., the following five courses: S00°00100"W, 70.00 feet; thence S89045115"W, 23.58 feet; thence S89°5513011W, 105.42 feet; thence S0000010011W, 177.54 feet; thence S90°0010011E, 29.72 feet to a point of curve; thence along said curve to the left, having a central angle of 1204114011, a radius of 375.00 feet, with a chord bearing of N8303911011E and a chord distance of 82.92 feet, 83.08 feet; thence along the northerly boundary of Builders Square Expansion P.U.D., N77018120"E, 97.06 feet; thence N9000010011E, 56.04 feet; thence along the easterly boundary of said Expansion P.U.D., S0000010011W, 145.75 feet to the POINT OF BEGINNING; thence departing from said Expansion P.U.D., N89°5047"E, 143.29 feet; thence S0000010011W, 173.01 feet; thence N90°0010011E, 30.00 feet; thence S00000100!'W, 407.55 feet to a point on the North line of Oakridge Drive; thence along said North line, S55°2211711W, 110.50 feet; thence N34037143"W, 25.98 feet; thence N00°00'001% 394.09 feet; thence S90000'0011W, 5.50 feet; thence N0000010011E, 28.90 feet; thence N41027112"E, 34.78 feet; thence S90°0010011W, 45.52 feet to a point along the easterly boundary of Builders Square Expansion P.U.D.; thence along the easterly boundary of said Expansion P.U.D. the following three courses: N00°0010041E, 16.94 feet; thence S9000010011W, 39.62 feet; thence N00°0010011E, 155.75 feet to the POINT OF BEGINNING. This easement contains 70798 square feet more or less. (1.63 acres) '/22/94 JOB # 1207 PAGE 3 OF 3 Tract 2 Commencing at the Northeast corner of said Section 1; thence along said East line S0001010011W, 49.94 feet; thence N89050100"W, 63.00 feet to a point on the southerly right-of-way line of Colorado State Highway No. 68; thence along said right-of-way, N46°21121"W, 24.52 feet; thence S89045'15"W, 897.72 feet to the northeasterly most corner of Harmony Market P.U.D. Second Filing; thence along the easterly boundary of said P.U.D., the following five courses: S0000010011W, 70.00 feet; thence S8904511511W, 23.58 feet; thence S89°55'3011W, 105.42 feet; thence S0000010011W, 177.54 feet; thence S90000'00"E, 29.72 feet to a point of curve; thence along said curve to the left, having a central angle of 1204114011, a radius of 375.00 feet, with a chord bearing of N8303911011E and a chord distance of 82.92 feet, 83.08 feet; thence along the northerly boundary of Builders Square Expansion P.U.D., N77018120"E, 97.06 feet; thence N9000010011E, 56.04 feet; thence along the easterly boundary of said Expansion P.U.D. the following three courses, S00°00100"W, 301.50 feet; thence N9000010011E, 39.62 feet; thence S00°00100"W, 16.94 feet to the POINT OF BEGINNING; thence departing from said Expansion P.U.D., N9000010011E, 45.52 feet; thence S41°27112"W, 34.78 feet; thence S0000010011W, 28.90 feet; thence N9000010011E, 5.50 feet; thence S0000010011W, 394.09 feet; thence S34°37143"E, 25.98 feet to a point on the North line of Oakridge Drive, thence along said North -line, S5502211711W, 28.00 feet to the southeasterly corner of Builders Square Expansion P.U.A.; thence along the easterly boundary of said Expansion P.U.D., the following two courses: N34037143"W, 34.72 feet; thence N0000010011E, 457.79 feet to the POINT OF BEGINNING. This easement contains 13543 square feet more or less. (0.31 acres) The basis of bearing for both easements are based on the East line of the Northeast one -quarter of said Section 1, bearing S0001010011W as defined on the plat Harmony Market Second Filing. ,The Northeast corner of Section 1 is a found #4 rebar with yellow seal, the East one -quarter corner of Section 1 is a found #4 rebar in valve box. FOR AND ON BEHALF OF BELLY SURVEYING ASSOCIATES, INC. City of Fort Collins Engineering Department Map # 1 HARMONY ROAD (COLORADO STATE HWY 68) i L EN EASEMENTI _ DRAINAGE EASEMENT BUILDERS SQUARE EXPANSION P.U.D. Lot 1 - EASEMT z I` . ' . ' . ' PROPOSED EASEMENT UTILITY AND ACCESS EASEMENT ' NO SCALE