Loading...
HomeMy WebLinkAboutPROVINCETOWNE THIRD PHASE 3 B - Filed ED-EASEMENT DEDICATION - 2016-06-01DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Provincetowne Investments, LLC a Colorado limited liability company ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as Lots 16, 17, 23, 24, Block 12, Provincetowne Filing Three 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 utilities ("Easement") in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A, B, C, D" 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 21 st day of June, 2012. By: Larry S. Address: 72511120 St, L-200 Greeley, CO 80634 (970) 352-7072 State of Colorado ) ss County of Weld ) The foregoing instrument was acknowledged beforeme this 21 st day of June, 2012, by Larry S. Buckendorf as Authorized Agent for Provincetowne Investments, LLC. Witness my hand and official seal. My commission expires: _ I P\�P L: IlEc�9 jubyr .jAOTARY'% &OF!j'�V PUBLICQ This Deed of Dedication is accepted by the Director olPlanning, 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 , 201. Steve Dush As delegee for the Director ofPlanning, Development, and Transportation Service Unit ATTEST: City Clerk ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (Cx3xa) through (e) indusive 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 examinalon 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 Secti .2.3(Cx3x the Land Use Code. Address: N251 W. 20 St, L-200 Date: Utility Easement Lot 16, Block 12 Provincetowne Filing Three Job no. 39459.00' North:87730.9632' East:187051.1992' Segment #1 : Line Course: S40°07'43 "W Length: 3.00' North:87728.6694' East:187049.2656' Segment #2 : Line Course: N49°52' 17"W Length: 101.16' North:87793.8676' East:186971.9187' Segment #3 : Line Course: N36°01'35"E Length: 3.01' North:87796.3019' East:186973.6891' Segment #4 : Line Course: S49°52'17"E Length: 101.37' North:87730.9684' East:187051.1966' Perimeter:208.54' Area:0.0070acres Error Closure: 0.0058 Course: N26°36'40"W Error North: 0.00518 East:-0.00260 Precision 1:35955.17 Utility Easement Lot 17, Block 12 Provincetowne Filing Three Job no. 39459.00 North:87793.8655' East:186971.9212' Segment #1 : Line Course: S49052'17"E Length: 101.16' North:87728.6673' East:187049.2681' Segment #2 : Line Course: S40°07'43"W Length: 3.00' North:87726.3735' East:187047.3346' Segment #3 : Line Course: N49°52' 17"W Length: 100.94' North:87791.4299' East:186970.1559' Segment #4 : Line Course: N36001'35"E Length: 3.01' North:87793.8642' East:186971.9263' Perimeter: 208.1 F Area: 0.0070acres Error Closure: 0.0052 Course: S75056'49"E Error North:-0.00126 East: 0.00505 Precision 1:40021.15 J•R ENGINEERING A;'✓Y3xian C—pany EASEMENT EXHIBIT LOT 16, BLOCK 12 PROVINCETOWNE FILING THREE PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LOT 16, BLOCK 12, PROVINCETOWNE FILING THREE, AS RECORDED IN BOOK 143 AT PAGE 2491, UNDER RECEPTION NO. 20060088535, LOCATED IN SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHWESTERLY LINE OF LOT 16, BLOCK 12, AS SHOWN ON THE FINAL PLAT OF PROVINCETOWNE FILING THREE, AS RECORDED IN BOOK 143 AT PAGE 2491, UNDER RECEPTION NO. 20060088535 BEING ASSUMED TO BEAR N49e52'17"W A DISTANCE OF 116.17 FEET. COMMENCING AT THE SOUTHERLY CORNER OF SAID LOT 16; THENCE ON THE SOUTHWESTERLY LINE OF SAID LOT 16, N49e52'17"W A DISTANCE OF 9.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID SOUTHWESTERLY LINE, N49e52'17'W A DISTANCE OF 101.16 FEET; THENCE N36e01'35"E A DISTANCE OF 3.01 FEET; THENCE S49a52'17"E A DISTANCE OF 101.37 FEET; THENCE S40e07'43'W A DISTANCE OF 3.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 304 SQUARE FEET OR 0.0069 ACRES. PROPERTY DESCRIPTION STATEMENT I, MICHAEL SHAWN BRAKE, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. MICHAEL SHAWN BRAKE, PROFESSIONAL ENGINEER & PROFESSIONAL LAND SURVEYOR COLORADO P.E. & P.L.S. NO. 28262 FOR AND ON BEHALF OF JR ENGINEERING, LLC 721XI S. Alton Way, Suite C I INt, Centennial, CO 90112 313-740.9393 • Fax 303-721-9019. — irengineering.wot 6I4I2012 XA3940000.eI113945900\Word\Legels\3945900LX37-L16.doc SHEET 1 OF 2 6' UTILITY EASEMENT 6' UTILITY EASEMENT LOT 17 BASIS OF BEARINGS SOUTHWESTERLY LINE OF LOT 16 N49'52'17"W 116.17' POINT OF BEGINNING 9' UTILITY EASEMENT _ R. 0. W. POINT OF _ COMMENCEMENT SOUTHERLY CORNER OF LOT 16 EXHIBIT LOT 32 �N 5"E 3.01 F6' URLITY EASEMENT O W n BLOCK 12 N LOT 16 i i 101.16' 6' UTILITY EASEMENT TO BE VA CA TED 6 Y SEPARA TE DOCUMENT o S40'07'43"W 9' UTILITY 3.00' _ _ _ EASEMENT SHADY BEND DRIVE 53' R.O.W. LOT 15 20 10 0 20 ORIGINAL SCALE: 1" = 20' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. EASEMENT EXHIBIT (V J•R ENGINEERING LOT 16, BLOCK 12, PROVINCETOWNE FILING THREE AW.Wian Company PROJECT NO.: 39459.00 72M S M, Way, 9A CM, CO 80 DATE: JUNE 4, 2012 SHEET: 2 OF 2 0-140--M-Feu3aim9ms•wAwiegr�«�r can (ff I I (1-w J-R ENGINEERING A W.t- lall C.1110.11V EASEMENT EXHIBIT LOT 17, BLOCK 12 PROVINCETOWNE FILING THREE PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LOT 17, BLOCK 12, PROVINCETOWNE FILING THREE, AS RECORDED IN BOOK 143 AT PAGE 2491, UNDER RECEPTION NO.20060088535, LOCATED IN SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTHEASTERLY LINE OF LOT 17, BLOCK 12, AS SHOWN ON THE FINAL PLAT OF PROVINCETOWNE FILING THREE, AS RECORDED IN BOOK 143 AT PAGE 2491, UNDER RECEPTION NO. 20060088535 BEING ASSUMED TO BEAR N49e52'17'W A DISTANCE OF 116.17 FEET. COMMENCING AT THE EASTERLY CORNER OF SAID LOT 17; THENCE ON THE NORTHEASTERLY LINE OF SAID LOT 17, N49a52'17"W A DISTANCE OF 9.00 FEET, TO THE POINT OF BEGINNING; THENCE S40e07'43'W A DISTANCE OF 3.00 FEET; THENCE N49e52'1TW A DISTANCE OF 100.94 FEET; THENCE N36e01'35"E A DISTANCE OF 3.01 FEET, TO A POINT ON SAID NORTHEASTERLY LINE; THENCE ON SAID NORTHEASTERLY LINE, S49e52'17"E A DISTANCE OF 101.16 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 303 SQUARE FEET OR 0.0070 ACRES. PROPERTY DESCRIPTION STATEMENT I, MICHAEL SHAWN BRAKE, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. MICHAEL SHAWN BRAKE, PROFESSIONAL ENGINEER & PROFESSIONAL LAND SURVEYOR COLORADO P.E. & P.L.S. NO. 28262 FOR AND ON BEHALF OF JR ENGINEERING, LLC 7200 S. Alan Way, Suite C 100, Centennial, CO 00112 303.740.9393 • Fax: 303-721.9019 • ww im-gineed"ll- of 6/412012 X:13940000.a1R3945900\Word\Legais\3945900LX39-Li7.doc SHEET 1 OF 2 LOT 18 EXHIBIT .�_ LOT J2 --'N36'01'35'E 3.01'— 6' UTILITY 1 EASEMENT 6' UTILITY EASEMENT TO 8E VACATED 8Y SEPARA TE DOCUMENT BLOCK 12 m 8 LOT 17 3 i� f z — — — — — 1 9' UTILITY S40'07'43"W—,,,` EASEMENT 3.00' SHADY BEND DRIVE 53' R.O.W. NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. EASEMENT EXHIBIT LOT 17, BLOCK 12, PROVINCETOWNE FILING THREE PROJECT NO.: 39459.00 DATE: JUNE 4, 2012 SHEET: 2 OF 2 6' UTILITY EASEMENT LOT 16 6' UTILITY EASEMENT BASIS OF BEARINGS NORTHEASTERLY LINE �OF LOT 17 N49'52'17"W 116.17' POINT OF /— BEGINNING L — — — — — 9' UTILITY R. O. W. EASEMENT POINT OF COMMENCEMENT EASTERLY CORNER OF LOT 17 20 10 0 20 ORIGINAL SCALE: 1" = 20' J•R ENGINEERING eiz r t Wb.!Dp� nbm 72DO s Aeon Wax sA ClM-CenlertiA 00 erne 303-740-M • Fez 3D3-M-M • r*wi moi eeripcan J-R ENGINEERING EASEMENT EXHIBIT LOT 24, BLOCK 12 PROVINCETOWNE FILING THREE PROPERTY DESCRIPTION A PARCEL OF LAND BEING A PORTION OF LOT 24, BLOCK 12, PROVINCETOWNE FILING THREE, AS RECORDED IN BOOK 143 AT PAGE 2491, UNDER RECEPTION NO. 20060088535, LOCATED IN SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE EASTERLY LINE OF LOT 24, BLOCK 12, AS SHOWN ON THE FINAL PLAT OF PROVINCETOWNE FILING THREE, AS RECORDED IN BOOK 143 AT PAGE 2491, UNDER RECEPTION NO. 20060088535 BEING ASSUMED TO BEAR N21e37'53"E A DISTANCE OF 109.00 FEET. COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 24; THENCE ON THE EASTERLY LINE OF SAID LOT 24, N21 e37'53"E A DISTANCE OF 9.00 FEET, TO THE POINT OF BEGINNING; THENCE N68e22'07"W A DISTANCE OF 3.00 FEET; THENCE N21 e37'53"E A DISTANCE OF 94.00 FEET; THENCE S68e22'07"E A DISTANCE OF 3.00 FEET, TO A POINT ON SAID EASTERLY LINE; THENCE ON SAID EASTERLY LINE, S21 e37'53"W A DISTANCE OF 94.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 282 SQUARE FEET OR 0.0065 ACRES. PROPERTY DESCRIPTION STATEMENT 1, MICHAEL SHAWN BRAKE, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. MICHAEL SHAWN BRAKE, PROFESSIONAL ENGINEER & PROFESSIONAL LAND SURVEYOR COLORADO P.E. & P.L.S. NO. 28262 FOR AND ON BEHALF OF JR ENGINEERING, LLC 72011 S. Alton Wry, Suite C100, Centennial, CO 80112 303-740.9393 • Fm: 303.721.9019" wwwimngineering.com 6/4/2012 X:13940000.a1R39459001Word�Legals139459OOLX35-L24.doc SHEET I OF 2 LOT 25 EXHIBIT �_ LOT 31 6' UTILITY — EASEMENT — S68'22'07"E 3.00' 6' UTILITY EASEMENT BLOCK 12 LOT 24 I94.00'� ' 6' UTILITY EASEMENT TO BE VACATED SY SERARA TE DOCUMENT 9' UTILITY N88'22'07"W EASEMENT 3•00' POINT OF SAN JUAN DRIVE COMMENCEMENT 53' R.O.W. SOUTHEASTERLY CORNER OF LOT 24 6' UTILITY LOT EASEMENT 21 .3' DRAINAGE EASEMENT — A-6'UTILITY& DRAINAGE EASEMENT 6' UTILITY EASEMENT LOT 23 BASIS OF BEARINGS EASTERLY LINE OF LOT 24 i—N21'37'53"E 109.00' POINT OF EGINNING B— — — 9' UTILITY o EASEMENT ai R.O.W. 20 10 0 20 ORIGINAL SCALE: 1" = 20' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION, EASEMENT EXHIBIT (V J-P, ENGINEERING LOT 24, BLOCK 12, PROVINCETOWNE FILING THREE AWMIm. Company PROJECT NO.: 39459.00 7a a *, way, 9Me ctoa-Cat ak CO 8M DATE: JUNE 4, 2012 SHEET: 2 OF 2 3o�7to 1i39o•Fa3o3•wAwienyber_ Witness our hands and seals this 21 st day of June, 2012. Grantor 4 " By: Larry S. ckend �AutlAddress: 725 20 St, L- Greeley, CO 80634 (970) 352-7072 State of Colorado ) ss County of Weld ) The foregoing instrument was acknowledged beforeme this 21 st day of June, 2012, by Larry S. Buckendorf as Authorized Agent for Provincetowne Investments, LLC. Witness my hand and official seal. P 1.• ZIEG� My commission expires: �- ; NOTARY': NotaryZlicepUgLIC: OF CD This Deed of Dedication is accepted by the Director oTlanning, 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 201 . Steve Dush As delegee for the Director ofPlanning, Development, and Transportation Service Unit ATTEST: City Clerk M'',"./ J•R ENGINEERING AW-t-ian :"'O h EASEMENT EXHIBIT LOT 23, BLOCK 12 PROVINCETOWNE FILING THREE PROPERTY DESCRIPTION NCETOWNE FILING A PARCEL OF LAND BEING 3 AT PAGE ION UNDER RECEPTION N0. 201THREE, AS OF LOT 23, BLOCK 12, 060088535, LOCATED IN RECORDED IN BOOKH PRINCIPAL SECTION SO COUNITY OF LAR M RNSTATE OF C&ORADO BE NG DESCR DESCRIBED AS FOLLOWS: FORT COLLILIN , PLAT BASIS OF BEARINGS: THE OF WESTER TOWNELY LINE OFIL FILING THREE, AS RECORDED IN BOOK 143 ATF LOT 23, BLOCK 12, AS SHOWN ON THE LPAGE 2491, UNDER RECEPTION NO.20060088535 BEING ASSUMED TO BEAR N21e37'53"E A DISTANCE OF 109.00 FEET. COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 23; THENCE ON THE WESTERLY LINE OF SAID LOT 23, N21e37'53"E A DISTANCE OF 9.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID WESTERLY LINE, N21e37'53"E A DISTANCE OF 94.00 FEET; THENCE S68a22'07"E A DISTANCE OF 3.00 FEET; THENCE S21a37'53"W A DISTANCE OF 94.00 FEET; THENCE N68a22'07"W A DISTANCE OF 3.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 282 SQUARE FEET OR 0.0065 ACRES. PROPERTY DESCRIPTION STATEMENT I, MICHAEL SHAWN BRAKE, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. MICHAEL SHAWN BRAKE, PROFESSIONAL ENGINEER & PROFESSIONAL LAND SURVEYOR COLORADO P.E. & P.L.S. NO, 28262 FOR AND ON BEHALF OF JR ENGINEERING, LLC 72181 S. Alton Way. Suite C I ("), Centennial, CO 80112 303-740-9393 • Fm 303.721-9019 • www.jrengineerinB wm SHEET I OF 2 6140012 X:\3940000.atP3945900\Word\Legals\3945900LX33-L23.doc EXHIBIT �_ 6' UTILITY EASEMENT LOT LOT 21 6' UTILITY 31 — EASEMENT � — I 3' DRAINAGE � EASEMENT — — — — — S68'22'07"E 3.00' 6' UTILITY I C 6' UTILITY & EASEMENT I ( DRAINAGE EASEMENT 6' UTILITY g EASEMENT ; BLOCK 12 � n I LOT 24 BASIS OF BEARINGS WESTERLY LINE Of LOT 23 I N21'37'53"E 109.00' I I POINT OF BEGINNING 9' UTILITY EASEMENT POINT OF COMMENCEMENT SOUTHWESTERLY CORNER OF LOT 23 N LOT 0 23 I 6' UTILITY EASEMENT TO BE VA CA TED BY SEPARATE DOCUMENT L— — — — N68'22'07"W 9' UTILITY 0 3.00, EASEMENT SAN JUAN DRIVE 53' R.O.W. LOT 22 20 10 0 20 ORIGINAL SCALE: 1" = 20' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. EASEMENT EXHIBIT I(V J•R ENGINEERING LOT 23, BLOCK 12, PROVINCETOWNE FILING THREE B!XnymCMgbu PROJECT NO.: 39459.00 rmo S pm WN. SA Cam.. Cgftt* CO ON DATE: JUNE 4, 2012 SHEET: 2 OF 2 su31�o-9399•Fa3o3m906•wrwwey�eeiiy ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (C)(3)(a) through (e) indusive 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 examinalon 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 Sectio 2.2.3(C)(3)(f) of the Land Use Code. Attorney arty aorn Address: 0251 W. 20 St, L-200 RegistT;X�l 488 Date: Utility Easement Lot 23, Block 12 Provincetowne Filing Three Job no. 39469.00 North:87460.7640' East:186758.4756' Segment #1 : Line Course: N21°37'53"E Length: 94.00' North:87548.1440' East:186793.1272' Segment #2 : Line Course: S68022'07"E Length: 3.00' North:87547.0381' East:186795.9159' Segment #3 : Line Course: S21037'5311W Length: 94.00' North:87459.6581' East:186761.2644' Segment #4 : Line Course: N68°22'07"W Length: 3.00' North:87460.7640' East:186758.4756' Perimeter:194.00' Area:0.0065acres Error Closure: 0.0000 Course: NO°00'00"E Error North: 0.00000 East: 0.00000 Precision 1: 194000000.00 DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Provincetowne Investments, LLC a Colorado limited liability company ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as Lots 16, 17, 23, 24, Block 12, Provincetowne Filing Three 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 utilities ("Easement") in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A, B, C, D" 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 21 st day of June, 2012. Gran;r. : Larry S. B cen u Address: 7251 20 St, L-200 Greeley, CO 80634 (970) 352-7072 State of Colorado ) ss County of Weld ) The foregoing instrument was acknowledged beforeme this 21 st day of June, 2012, by Larry S. Buckendorf as Authorized Agent for Provincetowne Investments, LLC. ZI .�` Witness my hand and official seal. My commission expires: j�U-�c�d�P 1yOTARY . PUB1,1 c ) Notary c OF G This Deed of Dedication is accepted by the Director ofPlanning, 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 , 201 . Steve Dush As delegee for the Director ofPlanning, Development, and Transportation Service Unit ATTEST: City Clerk ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (C)(3xa) through (e) indusive 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 examinaion 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. L#ry S 9&wA ndMt Address: 7 51 W. 20 St, L-200 Registration Cao.2 488 Date: t Z Utility Easement Lot 24, Block 12 Provincetowne Filing Three Job no. 39459.00 North:87548.1439' East:186793.1274' Segment #1 : Line Course: S21037'53"W Length: 94.00' North:87460.7639' East:186758.4758' Segment #2 : Line Course: N68°22'07"W Length: 3.00' North:87461.8698' East:186755.6871' Segment #3 : Line Course: N21°3753"E Length: 94.00' North:87549.2498' East:186790.3387' Segment #4 : Line Course: S68°22'07"E Length: 3.00' North:87548.1439' East:186793.1274' Perimeter:194.00' Area:0.0065acres Error Closure: 0.0000 Course: NO°00'00"E Error North: 0.00000 East: 0.00000 Precision 1: 194000000.00 DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Provincetowne Investments, LLC a Colorado limited liability company ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as Lots 16, 17, 23, 24, Block 12, Provincetowne Filing Three 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 5 80, Fort Collins, CO 80522, for public use forever a permanent easement for utilities ("Easement") in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A, B, C, D" 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]