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Home My WebLink AboutPRESTON-KELLEY SUBDIVISION - Filed ED-EASEMENT DEDICATION - 2002-11-14op OF FORT COLLINS W w n DEED OF DEDICATION EASEMENT Company, KNOW ALL MEN BY THESE PRESENTS: That the undersigned carjjeinq the a Ca i ornia Co1pbmaLXU111 owner of certain real property in Larimer County, Colorado legally described at Reception No. 407088 in the Larimer County Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a Municipal Corporation, a permanent easement for roadway improvements in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A' attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this Sthday of Apr; 1 , 199r_. ATTEST: State of ) ss County of ) The foregoi instrument was ackr 199, by as W ness my hand and o icial seal. commission expires: Grantor Hewlett—Packard Company, a Calif ni Co oration By: \, Title: 19 Nordlund Associate General Counsel and Secretary see ae x T_ me this —L day of and Notary Publi(cA/ Accepted by the City of Fort Colli on the iI-- d y f � !WX9�1� 199 City Clerk 1 (Y l tJf f f� r ✓OL_!NI STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me thi�� day of February, 1996, by John Fishbach as City Manager and Wanda Nf Krajicek as City Clerk of the City of Fort Collins, Colorado. WdTNES$ my hand and official seal. , Xe o(, r . Notary Public My Commission Expires ATTORNEY'S CERTIFICATE This is to certify that on the 2-1 -b( day of February, 1996, I examined the title to the property as described above and established that the owner of record of the said property as construed in C.R.S. Section 31-23-111, CRS 1973, is as shown hereon as of said date. David E. Dwyer, Esq. First National Tower - Tenth oor 215 West Oak Street Fort Collins, Colorado 80521 Registration No. 11153 -5- EXHIBIT A DESCRIPTION FOR EASEMENT AREA A: An easement located in the Southwest Quarter of Section 33, Township 7 North, Range 68 West of the 6th Principal Meridian- City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 33 as bearing South 00/00'1 I" West from an aluminum cap in a range box at the West Quarter comer of said Section 33 to a brass cap at the Southwest corner of said Section 33 and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 33; thence, South 00/00'1 I" West, 1318.88 feet to a point on the west line of the Preston -Kelly Subdivision; thence, South 89/59'49" East, 50.00 feet to a point on the East Right -of -Way of County Road 9, said point being the POINT OF BEGINNING, thence, South 89/59'49" East, 50.00 feet; thence, South 00/00' 11" West, 50.00 feeL thence. North 99/59'49" West. 50.00 feet to a point on the East Right -of -Way line of County Road 9; thence along said East line, North 00/00' I I " East, 50.00 feet to the Point of Beginning. The above described easement contains 2,500 square feet and is subject to all easements and rights -of -way now on record or existing. DESCRIPTION FOR EASEMENT AREA B: An easement located in the Southwest Quarter of Section 33, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Larimer County_ Colorado, being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 33 as bearing South 00/00'I I" West from an aluminum cap in a range box at the West Quarter corner of said Section 33 to a brass cap at the Southwest corner of said Section 33 and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 33; thence, South 00/00' 1 1 " West, 381.60 feet to a point at the Northwest corner of the Preston -Kelly Subdivision: thence, along the North line of the Preston - Kelly Subdivision, North 89/50' 11" East, 50.00 feet to a point on the East Right -of -Way of Count-, Road 9_ said point being the POINT OF BEGINNING: thence. continuing along said North line, North 89/50' 1 1" East, 140.00 feet; thence, departing said North line, South 00/00'I I" West, 140.00 feet: thence. South 89/50' 1 1" West_. 140.00 feet to a point on the East Right -of -Way line of County Road 9, thence along said East Tine, North 00/00' I I" East, 140.00 feet to the Point of Beginning. The above described casement contains 19,600 square feet and is subject to all easements and rights -of - way now on record or existing. 'G O PROPOSED STORM DRAINAGE AND ACCESS EASEMENTS T O } H Z U cks1J '00 VICINITY MAP MAP 9 Proposed Permanent Storm Drainage and Access Easements 03/26/96 1"= 600' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of c County oft= Ol �i1 __ before me qp Tp NAMEwITLEor JAWE of NOTARY PueLl1� personally appeared � NAMES) OF SIGNER(S) FL--1 personally known to me - AR --.�-]-proved to me on the basis of satisfactory evidence to be the persol whose narl is/aTe subscribed to the within instrument and ac- knowledged to me that he/sde/hiey-executed the same in hislhe 4heif•- authorized capacity(ie-s), and that by his/44e4/+nAIY signatul on the instrument the persol or the entity upon behalf of which the person(( acted, executed the instrument. WITNESS my hand and official seal. NSANTA CIIARA CnUh 'Et COMM { 994661 z .E _ My Comm. Expires MiiV T IS97 SIGNATURE V N'o ARRY OPTIONAL Though the data below is not required by law.. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TIu E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PFRSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE nc 1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave_, P 0_ Box 7184 • Canoga Park, CA 91309-7184 ATTORNEY'S CERTIFICATE This is to certify that on the day of 1995, 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 as shown hereon as of said date. Q Name: - Craig J. Pace Reg. No. 019302 Address Hewlett-Packard Company 3404 E. Harmony Rd. Fort Collins, CO 80525 TMINC. Engineering Consultants 209 S. Meldrum Fort Collins, Colorado 80521 303/482-5922 EXHIBIT "A' FAX: 303/482-6368 DESCRIPTION FOR A UTILITY AND SLOPE EASEMENT (H.P. PROPERTY) A tract of land being a portion of PRESTON-KELLEY Subdivision, located in the Southwest Quarter of Section 33, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 33 as bearing, North 00015/10/1 East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 33; thence along the West line of the Southwest Quarter of said Section 33, North 00015/10/1 East, 900.00 feet; thence leaving said West line South 89044/50/1 East, 50.00 feet to a point on the East line of County Road 9, said point also being the POINT OF BEGINNING; thence along said East line, North 00015/10/1 East, 1368.07 feet to a point on the North line of said PRESTON-KELLEY Subdivision; thence along said North line, South 89054/50/1 East, 20.00 feet; thence leaving said North line, South 00015/10/1 West, 1368.12 feet; thence, North 89044/50/1 West, 20.00 feet to the Point of Beginning. The above tract of land contains 0.628 acres and is subject of all easements and rights -of -way now on record or existing. 1020-121.01 Feb 16, 1995 Denver 303/458-5526 I o-1 �I HORSE OO TH HORSETOOTH� I w \ I � x \ n \ a I I o 1 I I 1 �I HARMO a, O, 4 A Q O� til 4, O� 2� J, 1 1 I a COUNTY RO z$ I N I I NAPCC71991 -1994 ETAN I F SCelr_i 3.08 miles Location Map MAP #6 C4TY ART COUANS DEED OF DEDICATION FOR EASEMENTS THIS DEED, made this Ay?. ,. ` day of February, 1996, between Hewlett- Packard Company, a California corporation, of the County of Larimer, Colorado, Grantor, whose address is 3404 East Harmony Road, Fort Collins, Colorado 80525, and The City of Fort Collins, Colorado, a municipal corporation, Grantee, whose address is 300 Laporte Avenue, Fort Collins, Colorado 80521. D is. J_ WITNESSETH: �n F C� Q For and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration in # hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, o > its successors and assigns, perpetual nonexclusive easements and rights -of -way to �z install, operate, maintain, repair, reconstruct, replace, inspect and remove, from time to time, storm drainage improvements, together with a rights -of -way for zaccess, on, along, through and under the hereinafter described real property situated in the County of Larimer, State of Colorado, being described more 'Y particularly as Easement Area A and Easement Area B on Exhibit A attached T '? hereto and by this reference made a part hereof. N ,max The Grantor further grants to the Grantee: o �a x =� (a) the right to access such storm water improvements at times and in �x ways authorized by the Grantor from time to time, which access shall not be �� unreasonably withheld; and L x T w (b) the right to mark the location of said easements by suitable markers set in the ground, provided that said markers shall be placed in locations which z will not interfere with any reasonable use Grantor shall make of said easements. x U Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's exercise or use of the rights hereby granted; and the parties further agree that the uses of said easements by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shall not erect or construct any building or other structure that interferes with the purpose of said easements. 1 (b) The use of said easements by Grantee shall comply with any Federal, State or local laws, rules, regulations and ordinances. (c) The Grantor shall accept the stormwater flows as hereinafter described within said easements more particularly described as Easement Area A and Easement Area B on Exhibit A hereto and Grantor shall be responsible for accepting and diverting said flows across Grantor's property, including the installation of any channels, ditches, structures or other diversion methods deemed appropriate from time to time by Grantor. Grantor states that it is the lawful owner in fee simple of the real property described herein and that it has a good and lawful right to grant said easements. Grantee, in consideration for the easements herein granted, covenants and agrees with Grantor as follows: l . Grantee, to the extent permitted by law and by Article V, Section 16 of the Fort Collins City Charter, will hold Grantor harmless and indemnify Grantor from any claims for damages arising out of Grantee's negligence in the use and exercise of the easements herein granted made by third parties for personal injury, wrongful death or property damages, including any attorneys' fees, expert witness fees or other fees and expenses incurred by Grantor as a result of any such claims. 2. Grantor shall have a right of access to the said Easement Areas and any pipes or structures installed by Grantee hereon. 3. Prior to any construction, reconstruction, replacement, removal or change of any kind of the easement improvements, Grantee will notify Grantor in writing thereof and Grantor shall have the right to approve any such activity prior to commencement thereof, which approval shall not be unreasonably withheld. 4. Grantee agrees to allow Grantor to erect fencing and/or gates across the said easements, provided such fencing or gates will not interfere with Grantee's full enjoyment of the Grantee's easements. Also, Grantor may post "no trespassing" or "private property" or similar signs along the easements to exclude any use of Grantor's property by third parties. 5. Once the Grantee has accepted the storm drainage improvement installed on Grantor's property in accordance with Grantee's customary practices, Grantee agrees to repair any ruts and repair and/or replace fences, water pipes, -2- electrical lines, water and electrical conduits, gates and similar items that are caused by or damaged by Grantee due to Grantee's exercise or use of the said easements. Grantee shall maintain in good condition at all times all structures, pipes, conduits and other devices installed on Grantor's property for the purposes of the easements. 6. Grantee agrees to pay to Grantor any and all damages caused Grantor or its property by Grantee's exercise of the easements; provided, however, Grantee shall not be liable for any damages to Grantor or Grantor's property caused by or arising out of water flows or flooding from Grantee's storm drainage improvements, if said damage is caused by water flows that exceed (i) the existing water flow conditions as the same may be decreased from time to time as a result of the implementation of the Grantee's storm drainage plans or (ii) the existing stormwater drainage capacity contemplated by the Hewlett-Packard Site Preston Kelly Subdivision Master Drainage Report by Nolte and Associates, revised October 1990, and the Grantee's Stormwater Utility's Fox Meadows Basin (Basin H) Drainage Master Plan dated February 1981, more particularly described as follows: Master Plan Pond Cubic Feet Discharge Location SWMM Model No. Number Per Second Easements Area A Detention Pond 213 5 24 Detention Pond 214 4 24 Basin 24 38 Easements Area B Detention Pond 215 3 24 All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written; and the Grantee has caused this Deed to be -3- executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the A. day of February, 1996. ATTEST: APPRO,ED AS TO FORM: Assistant City Attorney STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) HEWLETT-PACKARD COMPANY, a California Corporation By �o,e Robert Perich, F rt Collins Site Manager CITY OF FORT COLLINS, COLORADO By I. Ci anager SUBSCRIBED AND SWORN to before me this_v' A day of February, 1996, by Robert Perich, as Fort Collins Site Manager of Hewlett-Packard Company, a California corporation, as Grantor. WITNESS my hand and official seal. JIV�lic My Commission Expires' 11