HomeMy WebLinkAboutHARMONY COMMONS HOTEL - FDP - FDP170001 - SUBMITTAL DOCUMENTS - ROUND 1 - ACCESS, UTILITY, DRAINAGE EASEMENT (3)DEED 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 emergency access 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, Suite 100
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
EMERGENCY ACCESS EASEMENT DEDICATION #1
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;
EASEMENT NO. 1
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 twenty-one (21) courses:
1. thence North 00°11'25" West 13.50 feet
2. thence North 89°35'56" West 383.32 feet to a point on the west property line of Lot 1, Harmony
Commons
3. thence South 00°11'25" East 20.00 feet
4. thence South 89°47'20" East 18.35 feet
5. thence 15.05 feet along the arc of a curve concave to the East, having a central angle of
86°14'05" and a radius of 10.00 feet and a chord which bears South 42°55'38" East 13.67
feet
6. thence tangent from said curve South 00°12'34" East 45.45 feet
7. thence North 89°48'35" East 45.28 feet
8. thence 26.10 feet along the arc of a non-tangent curve concave to the East, having a central
angle of 59°49'09" and a radius of 25.00 feet, the long chord of which bears South 29°41'55"
East 24.93 feet
9. thence tangent from said curve South 00°12'40" West 98.81 feet
10. thence 24.02 feet along the arc of a curve concave to the East, having a central angle of
01°24'18" and a radius of 981 feet, the long chord of which bears South 87°41'38" East 24.02
feet
11. thence North 00°12'40" West 99.71 feet
12. thence 23.63 feet along the arc of a curve concave to the East, having a central angle of
90°16'24" and a radius of 15.00 feet, the long chord of which bears North 45°04'27" East
21.26 feet
13. thence tangent from said curve South 89°47'20" East 98.03 feet;
14. thence North 00°12'40" East 26.00 feet;
15. thence North 89°47'20" West 160.07 feet
16. thence 11.82 feet along the arc of a curve concave to the West, having a central angle of
27°04'42" and a radius of 25.00 feet, the long chord of which bears North 69°01'15" West
11.71 feet
Page 2 of 2
17. thence 4.82 feet along the arc of a curve concave to the West, having a central angle of
55°16'20" and a radius of 5.00 feet, the long chord of which bears North 27°50'44" West 4.64
feet;
18. thence tangent from said curve North 00°12'58" West 10.70 feet
19. thence 15.25 feet along the arc of a curve concave to the East, having a central angle of
87°22'28" and a radius of 10.00 feet, the long chord of which bears North 43°29'50" East
13.81 feet
20. thence tangent from said curve South 89°47'20" East 322.29 feet;
21. thence North 00°11'25" West 6.50 feet to the TRUE POINT OF BEGINNING.
The above described easement contains 16,380.46 square feet (0.3760 acres), more or less, and is
subject to all existing easements and/or rights-of-way of record.
EASEMENT NO. 2
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 5.07 feet; thence South 00°11'25" East 12.00 feet; thence South 89°47'20"
East 5.00; thence 22.91 feet along the arc of a curve concave to the East, having a central angle of
02°13'58" and a radius of 588.00 feet, the long chord of which bears South 88°40'21" East 22.91
feet; thence 19.14 feet along the arc of a curve concave to the East, having a central angle of
73°05'36" and a radius of 15.00 feet, the long chord of which bears South 51°00'34" East 17.86
feet to the TRUE POINT OF BEGINNING;
Thence the following seven (7) courses:
1. thence 17.61 feet along the arc of a curve concave to the East, having a central angle of
100°45'16" and a radius of 10.00 feet, the long chord of which bears South 39°47'54" West
15.43 feet
2. thence tangent from said curve North 89°47'20" West 158.17 feet;
3. thence South 00°12'40" West 26.00 feet;
4. thence South 89°47'20" East 137.29 feet
5. thence 20.29 feet along the arc of a curve concave to the East, having a central angle of
116°16'42" and a radius of 10.00 feet, the long chord of which bears South 31°38'59" East
16.99 feet
6. thence North 26°29'22" East 46.70 feet
7. thence 10.72 feet along the arc of a curve concave to the West, having a central angle of
40°57'26" and a radius of 15.00 feet, the long chord of which bears North 06°00'57" East
10.50 feet to the TRUE POINT OF BEGINNING.
The above described easement contains 4,230.73 square feet (0.0971 acres), more or less, and is
subject to all existing easements and/or rights-of-way of record.