HomeMy WebLinkAboutFTC LADY MOON WTE - BDR190015 - SUBMITTAL DOCUMENTS - ROUND 2 - EASEMENTSUpon recording return to:
Senn, Visciano Canges, PC
Attn: Michel Williams
1700 Lincoln Street, Suite 4300
Denver, Colorado 80203
ELECTRIC UTILITY EASEMENT AGREEMENT
KNOW BY THESE PRESENTS: That the undersigned 3528 Precision — FC, LLC, a Delaware limited
liability company ("Grantor"), whose mailing address for purposes of this easement is 200 Kaufman Financial
Center, 30833 Northwestern Hwy, Farmington, Hills, Michigan, 48334 being the owner of certain real property in
Larimer County, Colorado legally described as Lot 1, Harmony Technology Park Fourth Filing, County of Larimer,
State of Colorado, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged,
and other good and valuable consideration, does hereby grant to the City of Fort Collins, Colorado, a Municipal
Corporation ("City"), whose mailing address for purposes of this easement is P.O. Box 580, Fort Collins, CO 80522,
for the sole purpose of providing electric utilities to the existing transformer (the "Use") in the City of Fort Collins,
County of Latimer, State of Colorado, more particularly described on Exhibits "A" and `B" 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 the public improvements consistent with the use and purpose of the
Easement. Grantor reserves all rights, title and interest in and to 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, including reinstalling any existing landscaping or sidewalk damaged as a result of the
City, 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 any building, structure, improvement,
fence, retaining wall, landscaping (other than sidewalks and existing or required landscaping). In the event any other
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 Easement inure to the benefit of the City's agents, licensees, permittees and
assigns, however if the express purpose of the Easement ceases or is abandoned by the City for a period in excess of
ninety days, then this Easement shall terminate.
[SIGNATURES ON FOLLOWING PAGE]
(svcft Collins electric utility easement agreement to ft. collins (00717035) kaufman group.doc)
Witness our hands and seals this _ day of , 2020.
STATE OF
COUNTY OF
Grantor:
3528 Precision — FC, LLC,
a Delaware limited liability company
By: _
Name:
Title:
ss.
The foregoing instrument was acknowledged before me this day of 2020 by
as , on behalf of 3528 Precision — FC, LLC, a Delaware limited
liability company who (a) personally appeared before me OR (b) is personally known to me OR (c) produced
as identification and did take oath.
Notary (signature)
Printed Name:
Notary Public, State of:
My Commission Expires:
(svcft collins electric utility easement agreement to ft. collins (00717035) kaufman group.doc) 2
This Electrical Utility Easement Agreement 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 2020.
ATTEST:
City Clerk
City Engineer
As delegee for the Director of Planning, Development,
and Transportation Service Unit
ATTORNEY'S CERTIFICATION
I hereby certify that the forgoing Easement 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 Easement 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:
(svcft collins electric utility easement agreement to ft. collins (00717035) kaufman group.doc) 3
EXHIBIT "A"
LEGAL DESCRIPTION FOR
CITY OF FORT COLLINS
UTILITY EASEMENT
A PORTION OF LAND LYING WITHIN LOT 1, HARMONY TECHNOLOGY PARK
FOURTH FILING, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO, BOOK 140, PAGE 2706, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG
THE EAST LINE OF SAID LOT 1, SOUTH 01 047'59" EAST, 13.90 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 01047'59" EAST, 26.16 FEET; THENCE
DEPARTING SAID EAST LINE SOUTH 88"05'13" WEST, 38.75 FEET; THENCE
NORTH 01"06'50" WEST, 14.44 FEET; THENCE NORTH 71*11'57" EAST, 40.34
FEET: TO THE POINT OF BEGINNING.
CONTAINING 784.34 SQUARE FEET OR 0.018 ACRES MORE OR LESS.
Title:
LEGAL DESCRIPTION
Project #: 15010155
Date:
12/19/2019
Scale:
N / A
Page:
1 of 2
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Exhibits 1
EXHIBIT "B"
LEGAL EXHIBIT FOR
CITY OF FORT COLLINS
UTILITY EASEMENT
P.O.C.
CONTAINING 784.34 S.F.
OR 0.018 ACRES,
MORE OR LESS
�4
38.75' _
Z S880 05 17W
LOT 1, HARMONY TECHNOLOGY PARK
FOURTH FILING, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO,
BOOK 140, PAGE 2706,
THIS EXHIBIT IS FOR GRAPHICAL
REPRESENTATION ONLY. ITS INTENT IS TO BE
USED SOLELY IN CONJUNCTION WITH THE
ATTACHED LEGAL DESCRIPTION AND DOES
NOT CONSTITUTE A BOUNDARY SURVEY.
Title: EXHIBIT
Project #: 15010155
Date: 12/19/2019
Scale: 11.= 20'
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Exhibits 2