HomeMy WebLinkAboutHARMONY COMMONS HOTEL - FDP - FDP170001 - SUBMITTAL DOCUMENTS - ROUND 1 - EASEMENTSDEED OF DEDICATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Harmony Commons, LLC
(“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as Lot 6,
Harmony Commons 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 (“City”), whose mailing address for purposes of this
deed is P.O. Box 580, Fort Collins, CO 80522, for public use forever a permanent easement for access, utilities, and
drainage in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit “A”
for legal description and Exhibit “B” for depiction attached hereto and by this reference made a part hereof (the
“Easement”).
The City’s rights under the Easement include the right to install, operate, access, maintain, repair, reconstruct, remove
and replace within the Easement public improvements consistent with the intended purpose of the Easement; the right
to install, maintain and use gates in any fences that cross the Easement; the right to mark the location of the Easement
with suitable markers; and the right to permit other public utilities to exercise these same rights. Grantor reserves the
right to use the Easement for purposes that do not interfere with the full enjoyment of the rights hereby granted.
The City is responsible for maintenance of its own improvements and for repairing any damage caused by its activities
in the Easement, but by acceptance of this dedication, the City does not accept the duty of maintenance of the
Easement, or of improvements in the Easement that are not owned by the City. Grantor will maintain the surface of
the Easement in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements.
Except as expressly permitted in an approved plan of development or other written agreement with the City, Grantor
will not install on the Easement, or permit the installation on the Easement, of any building, structure, improvement,
fence, retaining wall, sidewalk, tree or other landscaping (other than usual and customary grasses and other ground
cover). In the event such obstacles are installed in the Easement, the City has the right to require the Grantor to
remove such obstacles from the Easement. If Grantor does not remove such obstacles, the City may remove such
obstacles without any liability or obligation for repair and replacement thereof, and charge the Grantor the City’s costs
for such removal. If the City chooses not to remove the obstacles, the City will not be liable for any damage to the
obstacles or any other property to which they are attached.
The rights granted to the City by this Deed inure to the benefit of the City’s agents, licensees, permittees and assigns.
[SIGNATURES ON FOLLOWING PAGE]
Witness our hands and seals this ___ day of ________, 2017.
Grantor:
By: ___________________
Title: Owner’s Representative
Name and Address:
Todd Parker
c/o Harmony Commons, LLC
3528 Precision Drive
Fort Collins, CO 80528
ATTEST:
By: ________________
Title: _______________
State of Colorado)
) ss
County of Larimer)
The foregoing instrument was acknowledged before me this ___ day of __________, 2017, by Todd Parker,
as Owner’s Representative of Harmony Commons, LLC.
Witness my hand and official seal.
My commission expires: ____________________
______________________
Notary Public
This Deed of Dedication is accepted by the Director of Planning, Development, and Transportation Service
Unit pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this ______day of
__________, 2017.
Rick Richter
As delegee for the Director of Planning, Development,
and Transportation Service Unit
ATTEST:
City Clerk
ATTORNEY’S CERTIFICATION
I hereby certify that the foregoing 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 _______________________
_______________________
Registration No. ________________
Date: _____________
Page 1 of 2
EXHIBIT “A”
PROPERTY DESCRIPTION FOR
ACCESS, UTILITY AND DRAINAGE EASEMENT DEDICATION
A portion of Lot 6, Harmony Commons, situate in the Northwest Quarter of Section 4, Township 6
North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being
more particularly described as follows:
Considering the North line of Lot 6, Harmony Commons as bearing North 89°35’56” West and with
all bearings contained herein and relative thereto;
Commencing at the Northeast corner of Lot 6, Harmony Commons described as the Point of
Beginning; thence Northwesterly 64.41' along the arc of a curve concave to the West along the North
line of said Lot 6, Harmony Commons, said curve having a central angle of 06°09'03" and a radius of
600.00 feet and a chord which bears North 86°42'49" West 64.38 feet; thence tangent from said curve
North 89°35'56" West 9.83 feet to the TRUE POINT OF BEGINNING;
Thence the following forty-four (44) courses:
1. North 00°12'46" East 13.50 feet
2. thence North 89°35'56" West 164.98 feet
3. thence North 00°12'40" East 30.00 feet
4. thence North 89°35'56" West 10.00 feet
5. thence South 00°12'40" West 30.00 feet
6. thence North 89°35'56" West 160.97 feet
7. thence North 00°00'00" East 20.00 feet
8. thence North 90°00'00" West 10.00 feet
9. thence South 00°00'00" West 20.00 feet
10. thence North 89°35'56" West 32.53 feet to a point on the west property line of Lot 1, Harmony
Commons
11. thence South 00°11'25" East 31.50 feet to a point on the west property line of Lot 6, Harmony
Commons
12. thence South 89°46'50" East 10.00 feet
13. thence South 00°11'25" East 125.99 feet
14. thence North 89°48'35" East 14.50 feet
15. thence 3.93' along the arc of a curve concave to the Southeast said curve having a central angle
of 90°00'00" and a radius of 2.50 feet and a chord which bears South 45°11'25" East 3.54 feet
16. thence tangent from said curve South 00°10'19" East 19.97 feet
17. thence North 89°51'22" East 30.17 feet
18. thence 13.46' along the arc of a curve concave to the Southeast said curve having a central angle
of 00°29'38" and a radius of 981.00 feet and a chord which bears North 89°58'34" East 13.45
feet
19. thence North 34°07'26" West 14.42 feet
20. thence North 55°52'34" East 20.00 feet
21. thence South 34°07'26" East 28.67 feet
Page 2 of 2
22. thence 116.41' along the arc of a curve concave to the Southeast said curve having a central angle
of 06°44'29" and a radius of 990.00 feet and a chord which bears South 84°34'26" East 116.41
feet
23. thence North 06°27'39" East 15.11 feet
24. thence North 89°47'20" West 3.56 feet
25. thence North 00°15'47" East 8.74 feet
26. thence North 89°47'20" West 64.75 feet
27. thence North 00°00'00" East 7.65 feet
28. thence North 89°47'20" West 16.24 feet
29. thence North 00°12'40" East 50.41 feet
30. thence North 90°00'00" East 15.13 feet
31. thence North 00°12'40" East 16.84 feet
32. thence South 89°47'20" East 80.43 feet
33. thence North 00°12'40" East 44.40 feet
34. thence South 89°47'20" East 32.35 feet
35. thence South 00°12'40" West 43.70 feet
36. thence South 89°29'53" East 138.86 feet
37. thence 105.25' along the arc of a curve concave to the Southwest said curve having a central
angle of 20°41'36" and a radius of 291.40 feet and a chord which bears South 18°21'37" West
104.67 feet
38. thence South 83°32'21" East 1.27 feet
39. thence North 21°29'43" East 126.02 feet
40. thence North 64°55'36" West 9.52 feet
41. thence North 26°30'09" East 20.01 feet
42. thence North 36°07'28" West 20.78 feet
43. thence North 89°47'20" West 20.00 feet
44. thence North 00°11'25" East 22.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel containing 47,099.33 square feet (1,0813 acres), more or less, and being
subject to all existing easements and/or rights-of-way of record.