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HomeMy WebLinkAboutMASON STREET INFRASTRUCTURE PROJECT - FDP230016 - SUBMITTAL DOCUMENTS - ROUND 3 - EASEMENTS (6) DEED OF DEDICATION OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned ________________________ (“Grantor”), being the owner of certain real property in Larimer County, Colorado legally described as ____________________ 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 ____________ 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 (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 ________, 202__. Grantor: By: ___________________ Title: _________________ Name and Address: ______________________ ______________________ ______________________ ATTEST: By: ________________ Title: _______________ State of _____________) ) ss County of ___________) The foregoing instrument was acknowledged before me this ___ day of __________, 202__, by _____________________ as ________________, and _________________ as ________________. Witness my hand and official seal. My commission expires: ____________________ ______________________ Notary Public This Deed of Dedication is accepted by the Director of Community Development and Neighborhood Services pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this ______day of __________, 202__. Brad Buckman, City Engineer as delegee for the Director of Community Development and Neighborhood Services 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)(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: _____________ NORTHERNENGINEERING.COM | 970.221.4158 PROPERTY DESCRIPTION FORT COLLINS | GREELEY 1 | 2 PROPERTY DESCRIPTION AND EXHIBIT DESCRIPTION A parcel of land being a part of TRI-CO SUBDIVISION, recorded with the Larimer County Clerk and Recorder as Book 1501, Page 639, and situate in the Northeast Quarter of Section 2, Township 7 North, Range 69 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 said TRI-CO SUBDIVISION as bearing South 89° 20’ 16” East, and with all bearings contained herein relative thereto: COMMENCING at the northwest corner of said TRI-CO SUBDIVISION; THENCE South 89° 20’ 16” East, along the north line of said TRI-CO SUBDIVISION, a distance of 118.16 feet to the POINT OF BEGINNING; THENCE along said north line, South 89° 20' 16" East a distance of 159.47 feet to the west right-of-way line of North College Avenue; THENCE departing said north line, South 02° 04' 41" West along said west right-of-way line of North College Avenue, a distance of 20.01 feet; THENCE departing said west right-of-way line of North College Avenue, North 89° 20' 16" West a distance of 141.65 feet; THENCE North 40° 14' 23" West a distance of 26.46 feet to said north line of TRI-CO SUBDIVISION and to the POINT OF BEGINNING. Containing 0.069 acres (3,011 square feet) more or less. Subject to any and all easements, rights-of-way, covenants and restrictions of record. Exhibit attached hereto and made a part hereof. SURVEYOR’S CERTIFICATE I, Robert C. Tessely, a Colorado Registered Professional Land Surveyor do hereby certify that this property description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. {4 CCR 730-1} ___________________________________________________________________________ Robert C. Tessely Colorado Registered Professional Land Surveyor #38470 For and on behalf of Northern Engineering NORTHERN ENGINEERING 301 North Howes Street, Suite 100 Fort Collins, Colorado 80521 (970) 221-4158 December 12, 2023 LMS S:\Survey Jobs\1971-001\Dwg\Exhibits\1971-001 DRAINAGE EASEMENT DESCRIPTION TRI-CO.docx 30' R.O.W. EASEMENT REC. NO. 96005063 & NON-EXCLUSIVE ROADWAY/ACCESS BK 2125 PG 1500 NO R T H C O L L E G E A V E N U E (R O W W I D T H V A R I E S ) 53.5' PERPETUAL EASEMENT FOR ELECTRIC POWER TRANSMISSION LINE BOOK 923 PAGE 282 20' WATERLINE AND ROW EASEMENT TO CITY OF FORT COLLINS REC. NO. 85040113 LINE TABLE LINE L1 L2 BEARING S02° 04' 41"W N40° 14' 23"W LENGTH 20.01' 26.46' 24' NON-EXCLUSIVE ACCESS EASEMENT TO CITY OF FORT COLLINS REC. NO. 20140036291 24' ACCESS EASEMENT TO CITY OF FORT COLLINS REC. NO. 20140036292 AREA 3,011 sq. ft. 0.069 ac. L1 N89°20'16"W 141.65' L 2 S89°20'16"E 159.47' MARTINS FIRST ADDITION AKA MUSTANG SUBDIVISION UNPLATTED QUIT CLAIM DEED REC. NO. 97027464 TR I - C O S U B D I V I S I O N WAR R A N T Y D E E D - RE C . N O . 2 0 1 4 0 0 3 8 9 4 0 TRI-CO SUBDIVISION WARRANTY DEED - REC. NO. 20140038940 S89°20'16"E 118.16' POINT OF COMMENCEMENT NORTHWEST CORNER OF TRI-CO SUBDIVISION POINT OF BEGINNING BASIS OF BEARINGS NORTH LINE OF TRI-CO SUBDIVISION 20 ' 20' IRRIGATION DITCH EASEMENT BOOK 1429 PAGE 750 10' UTILITY EASEMENT BOOX 1429 PAGE 750 10' PSC GAS EASEMENT BOOK 1430 PAGE 930 20 ' U T I L I T Y E A S E M E N T BO O K 1 5 0 1 P A G E 6 3 9 10 ' U T I L I T Y E A S E M E N T B O O K 1 5 0 1 P A G E 6 3 9 10 ' P O W E R & UT I L I T Y E A S E M E N T BO O K 1 5 0 1 P A G E 6 3 9 WE S T R I G H T - O F - W A Y L I N E O F NO R T H C O L L E G E A V E N U E NORTH A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT REVIEW BY: DRAWN BY: DATE: PROJECT:Sheet Of Sheets THIS EXHIBIT IS NOT A MONUMENTED LAND SURVEY. IT IS MEANT TO AID IN THE VISUALIZATION OF THE ACCOMPANYING WRITTEN DESCRIPTION. THE WRITTEN DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. 2 2 S:\Survey Jobs\1971-001\Dwg\Exhibits\1971-001 DRAINAGE EASEMENT TRI-CO.dwg 1791-001 LMS RCT 12/12/2023 Robert C. Tessely Colorado Registered Land Surveyor No. 38470 For and on behalf of Northern Engineering Services, Inc. PRELIMINARY LEGEND EXISTING EASEMENT LINE EXISTING PLAT LOT LINE EXHIBIT BOUNDARY LINE Feet0 ( IN U.S. SURVEY FEET ) 1 inch = feet 50 50 50