HomeMy WebLinkAboutHUNTINGTON HILLS PUD - Filed ED-EASEMENT DEDICATION - 2004-08-11GRANT OF EASEMENT
THIS EASEMENT between Jack E. Hahn and Dona L. Hahn ("Grantors")
of the County of Larimer, State of Colorado, and Fossil Creek Meadows
Development Grouup,,a partnership
20--V \ day of &ciiQ, 1980.
("Grantee") is executed as of this
1. Recitals. Grantors are the record owners of the real
property described in Exhibit A hereto. Grantee is the record
owner of, or holds a contract to purchase, the real property de-
scribed in Exhibit B hereto. Grantee desires certain easements
across the property of Grantors more fully described herein.
Grantors have agreed to provide such easements on the following
terms and conditions.
2. Grant of Easement. Grantors hereby grant, bargain, sell,
and convey to Grantee and the owners of the real property described
in Exhibit B hereto, for the consideration of $10 and other good
and valuable consideration, receipt of which is acknowledged by
Grantors a nonexclusive easement for the purposes of the construc-
tion, maintenance and use of a roadway across the property described
in Exhibit A. Said easement shall expire on April 1, 1986, and
revert to the then owners of the real property described in Exhibit
A.
3. Further Agreements.
3.1 By Grantee. Grantee shall construct and maintain to
Larimer County specifications during the period of the easement
granted in Paragraph 2 hereof, a gravel road for the use of Grantors
and the owners of the real property described in Exhibit B hereto.
Grantees shall install upon such road, at Grantee's expense, cattle
guards furnished by Grantor, at Grantor's expense. Grantee shall
install in the roadbed, .laterally, a 27 inch culvert to
channelize the natural drainage of water under the roadbed.
The following real property situate in the Southwest 1/4 of Section
12, Township 6 North, Range 69 West of the 6th Principal Meridian.
From the West 1/4 Corner of Section
the 6th Principal Meridian, proceed
line of said Section 12 on a bearing
feet to a point: of beginning.
12, Township 6 North, Range 69 West of
along the East-West center of section
of S 89*54' E a distance of 1979.0
The easement shall be 10 feet either side of a line described to -wit:
From the point of beginning proceed S 60*29' E a distance of 150 feet.
This easement contains 1500 square feet.
Certification:
I, Mack N. Adams, do hereby certify that this description accurately
describes an area of Village Grove Annexation and invo� ves a permanent
easement for a culvert under Skyway Drive. � -"1
Mac
f
Adams, P,96LS #7
EXHIBIT A
it
0
U
CfTY Q{= FORf C.JLLisiii •
GRANT OF DRAINAGE EASEMENT
TO HUNTINGTON HILLS, ET AL.
BY D.O.L.L. DEVELOPMENT COMPANY
THIS GRANT OF DRAINAGE EASEMENT is executed this
day of ;LCr» 'L, 1992, by and between D.O.L.L. DEVELOPMENT
COMPANY, a Colorado Partnership ("Grantor") and HUNTINGTON
HILLS CORPORATION ("the Corporation"), THE CITY OF FORT
COLLINS, a Municipal Corporation ("The City") and 327006
ALBERTA, LTD., a Canadian Corporation ("Alberta"). The
Corporation, Alberta and the City shall be hereinafter
collectively referred to as the "Grantees".
WITNESSETH:
RECITALS:
WHEREAS, the Grantor is the owner of certain real
property more particularly described in Exhibit 1 attached
hereto and incorporated herein by reference ("the Property");
WHEREAS, Grantor has previously conveyed to Fossil
Creek Development Group (predecessor in interest to the
Corporation) and to the general public, a grant of easement
dated May 21, 1981, which grant is to be recorded concurrently
with the recording of this Agreement ("the Present Drainage
Easement"), for the purposes of the construction and
maintenance of a drainage facility (a copy Of said Present
Drainage Easement grant is attached hereto as Exhibit 2); and
WHEREAS, the parties now wish to modify and enlarge the
area of said easement.
NOW, THEREFORE, for good and valuable consideration,
the adequacy and receipt of which is hereby acknowledged, the
parties agree as follows:
1. Grantor, for good and valuable consideration,
hereby grants to Grantees in perpetuity, a non-exclusive
drainage easement (hereinafter referred to as "the Additional
Drainage Easement") to allow the flow of drainage waters upon,
over, under and across an area generally described within the
area shown on Exhibit 3 attached hereto. (a) The exact location
and metes and bounds description of the Additional Drainage
Easement shall be determined at a subsequent date by mutual
agreement of the parties or if the parties cannot agree as to
the location and precise area of such Additional Drainage
Easement, then the location of such drainage easement will be
determined by the City of Fort Collins Storm Water Drainage
Department, which determination shall be conclusive upon the
parties. The exact location of such drainage easement shall be
evidenced by a supplemental instrument which shall be executed
by the Grantor and recorded with the Clerk and Recorder of
Larimer County, and the cost of the metes and bounds
description, set forth in the supplemental instrument, shall
be borne by the Corporation. The cost of the metes and bounds
description describing the Drainage Easement filed for record
shall be borne by Corporation.
t
t 1yOFVJRTCOLLV
rol
The supplemental instrument shall reference its
relationship to this grant of drainage easement set forth
herein. In the event that Grantor should refuse to execute such
supplemental instrument, for any reason, the Grantor hereby
appoints the City as its attorney in fact, to draft, execute
and file such instrument on Grantor's behalf. The foregoing
power of attorney shall be deemed coupled with an interest and
shall be irrevocable and shall survive the subsequent
dissolution of the Grantor, and shall extend to and be binding
upon the successor and assigns of the Grantor.
The Additional Drainage Easement shall be sufficient,
both in width and alignment, to provide the sufficient drainage
area for drainage waters, based on a 100 year storm release
rate for: (a) the historic flow of drainage prior to any
development in the drainage area plus (b) the existing
Additional Drainage flow resulting from the development of land
upstream from the Grantor's property described on Exhibit 1,
plus the additional future flow arising from the development of
Huntington Hills P.U.D, the legal description of which is
described as Exhibit 4.
Grantor further agrees with respect to the Present
Drainage Easement, that it will not make, suffer or allow
interruption of flow of drainage waters to the present drainage
culvert provided nothing herein contained in this paragraph
shall be constructed to prevent the enlargement or relocation of
the drainage culvert or the enlargement or relocation of any
subsequent drainage system improvements made by Grantor,
provided there is no interruption of drainage discharge upon the
Property. Grantor further agrees that it will not make, suffer
or allow interruption of flow of drainage waters upon, over,
under and across the Drainage Easement created by this
instrument.
2. Binding Effect. This Grant of Drainage Easement
shall be binding upon and inure to the benefits of any
successors, representatives or assigns of the respective
parties. Grantor and it's heirs, representatives or assigns
agree not to make, suffer or allow any of the Property burdened
by the easement described in this Agreement to be used in a
manner inconsistent with the grant of easement herein.
3. Miscellaneous. This Agreement contains the entire
understanding among the parties, and may not be amended nor may
rights be waived except in writing signed by all of the parties
sought to be charged with such amendment or waiver and shall be
construed in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have executed this
Grant of Drainage Easement the day and year first written above.
E
-M V
Neil/Lotaer, General Partner
i
GRANTEE:
HUNTINGTON HILLS CORPORATION, a
Colorado corporation
Its fPresident
CITY OF FORT COLLINS, a Municipal
Corpo tion /
By:
City Manager
327006 ALBERTA, LTD., a Canadian
Corporation
By;
A.L. Barrett, President
STATE OF COLORADO )
)SS.
COUNTY OF LARIMER )
r
ATTEST: r.'=•
Secretary
ATTEST:
City Clerk
A;);" To Form
Deputy City Attorney
The foregoing was acknowledged on this day of
Ce(y{ 1992 by Lawrence Odau, ,,clGeneral Partner of
O.L.L. Development.
LI
Not ry Public
y commission expires:
3
.I +9r
STATE OF COLORADO )
) SS.
CITY AND COUNTY OF DENVER )
The foregoing was acknowledged on this JO day of
1992, by Marcus Palkowitsh, President of Huntington
Hills Corporation and by Neil Loader, General Partner of
D.O.L.L. Development Company.
Notary Pu '1c
My commis on expires: 8r'2l`36
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
The foregoing was acknowledged on this LZ�ul day of
��}.• 1994, by Steve Burkett, City Manager and
City Clerk of the City of Fort Collins, a
Municipal. orporation.
Notary Public w �� C),�
My commission expi es
" PROVINCE OF ALBERTA )
r ) SS.
CITYOF EDMONTON )
The foregoing was acknowledged on this day of
1994, by Q k7,;CU(XA�Cb4�"hX)CXX�YX'?F�ix;➢2 f 327006
ALBERTA, LTD A.L. Barrett, President
,. �]IIbM �y c
My comm. expires: ;f lei lie�xPiY�
ay W „.
/��/n� q_ feu �•1 �c✓
4
LEGAL DESCRIPTION - D.O.L.L. DEVELOPMENT PROPERTY
A Tract of land situate in the Southwest 1/4 of Section
12, Township 6 North, Range 69 West Of the Sixth P.M., County
of Larimer, State of Colorado, which, considering the North
line of said Southwest 1/4 as bearing S890541E and with all
bearings contained herein relative thereto, is contained within
the boundary lines which begin at the Center 1/4 corner of said
Section 1.2 and run thence 500012r30"W 892.183feet along
feet;the
East
line of said southwest 1/4; thence West
S00°12'30"W 316.12 feet; ence
thence West 208.71 feet; thence NOV
12130"E 316.12 feet; thence along the arc of a 206.96 foot
radius curve to the left a distance of 165.30 feet, the long
chord of which bears S670 07110"W 160.94 feet; thence S440
1412011W -76.87 feet; thence South 407.17 feet; thence East
200.00 feet; thence SOOo 12130"W 417.42 feet; thence West
360.00 feet; thence N00 12130"E 1.29 feet; thence West 837.92
feet; thence N00 12130E 166.18 feet, thence along the arc of a
40.19 foot radius curve to the right a distance of 63.05 feet;
the long chord of which bears N45 0911511E 56.78 feet; thence
N00 061E 60.00 feet; thence N25036150"W 236.15 feet; thence
N89 541W 360.00 feet; thence N00028130"W 270.00 feet; thence S
890541E 617.40 feet; thence N00028'30"W 671.98 feet; thence
S890541E 489.00 feet; thence N00028130"W 375.26 feet; thence
N89054'W 80.00 feet; thence N00028130"W 40.00 feet; thence S89
541E 1167.75 feet to the point of beginning, containing 55.0000
acres, more or less.
iVl
PYWIRIT I
"EN-24-92 THU
16:02 TY.of FT COLLINS 281 FAX N0#32216378 P.07
DRAINAGE EASEMENT
KNOW ALL MFN BY THESE PRESENTS that ]� G • d' C
the owner of the resl property described in Exhb t attached hereto 00ls
hereby grant to Fossil Creak Meadows Development Croup, its successors, assigns
and the general public, a drainage easement_ �� on either side of the center
_
line of pipe described in perpetuity, for the instellatton, operation and
maintenance of water drainage pipe or culvert or any replatenent therefor.
IN WITNESS WHEREOF the grantors have executed this instrument as oZ
cj
this y 2day of
STATE OF COLORADO )
as.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 27th day
of May , 19B1, by Lawrence A. Odau
Witness my hand and official seal.
My conssission expires:
YL
notary -Public
IN WITNESS WHEREOF the holders of a Deed of Trust have executed this
instrument as of this day of . 1981.
STATE OF COLORADO )
)) ss.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me this day
of , 1981. by
land and offlcia) seal.
in expires:
Notary u c ^
�/l
EXHwEIT 2
OCT-15-92 THU 11:54 #TY of FT COLLINS 281 FAX N*3032216378 P.02
The follooing real property situate in the Southwest 1/4 of Section
12, Township 6 North, Range 69 West of the 6th Principal Meridian.
From the West 1/4 Corner of Section 12, Township 6 North, Range 69 West of
the 6th Principal Meridian, proceed along the East-West center of section
line of said Section 12 on a bearing of S 89°54' E a distance of 1979.0
feet to a point of beginning.
The easement shall be 10 feet either side of a line described to -wit:
From the point of beginning proceed 5 60'29' E a distance of 150 feet.
This easement contains 1500 square feet.
v
Certification:
E I, Mack N. Adams, do hereby certify that this description accurately
K. describes in area of Village Crove Annexation and invo ves a permanent
t
easement for a culvert under Skyway Drive.
i.
.-) n(d:mill %II'tUJy..
�P: zr��`• `6'.'' Adams, F 6LS #7289-
Si
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EXHIBIT A
f-
-_ I :.1�I� ✓:� — y -- --}—— ` Ham yi }
• �I II
II • :. \ .. �. �I: . li e II Q �
EASE_ EXHiB
- ' -- -- ti VJ b,
.:� • � ��' � I `_-����\� fir\ �� \w�' ��\ �F � 1 � �� �
o -CITY OFF
HAHN
�� do-~ FORT COLLINS
J co
gC.1..� � • j \ — a0�\_J\lam � .�J .•�s /� ° / ' � I� c{ � t�-� t�"J�
CENTER LINE, e.
-�OF DRAINAGEWAY ACCROSS
D.0.L.L. PROPERTY 1113 1 s \ 181I -----
\
� � h
e � .
LEGAL DESCRIPTION
OF
HUNTINGTON HILLS
PARCEL I:, Township 6 North, Range 69 West
Township 6 North, Range 68 West of the
A tract of land situated in Section 12,
of the 6th being and pection 7j articularly described as follows:
6th P.M., being more p
Considering the North line of the NW1/4 of said Section 12 as bearing
South er degrees minutes 33 seconds East and with all bearings
err
:
contained herein relative theretoproceed then,
12
BEGINNING at the North Quarter Corner of said
nfeet alone the No
South 89 degrees 09 minutes 25 seconds East,
line of the kdE1/4 of said Section 12 to Northeast Corner of said Secti
12;
degrees 02 minutes 19 seconds West, 3.360.70 feet along
thence South 00 deg of said Section 12;
the East line of the NE1/4 South 8
4 of said Section 12,
30.00 feet;
thence leaving said East line of the NE1/ 570.20 feet;
degrees 57 minutes 41 seconds 22 minutes 41 seconds East, 21G.64 feet;
thence South. 26 degrees 35 minutes 47 seconds West, 554.90 feet;
thence South 09 degrees 08 minutes 19 seconds West, 30.00 feet to the
thence South 23 deg
thence North 89 degrees 57 minutes 41 seconds We
568.09 feet;
existing East Quarter Corner of said Section 1W 568.09 feet;
thence South 00 degrees 03 minutes 37 seconds West, 530-0seconds West, feet;
thence North 89 degrees 56 minutes 23 seconds West, 85.58
ees 03 minutes 37 258.21 feet;
thence South 00 degrees 29 minutes 45 seconds West, 715.82 feet;
thence North 87 degrees 29 minutes 30 seconds West, 715.82 feet;
thence North 87 degrees 47 minutes 30 seconds West, 509 70 feet;
thence North 87 deg 343.38 feet more
thence North 60 degrees 15 minutes 13 seconds East,
thence North 00 degrner 2218.87 feet more
less t0 the 12,
Center Quarter
t40 minutes 224seec said West Lion 12 to the exi=
thence North 89 deg Second Filing, a Subdivision of
Sec
less along the South line of the rip Clerk and Recorder, thence <
Southeast Corner of the aLariKelmar Strip, North Oo degrees
Second Filing, Northeast Corm
file in the office of the Larimer Coun'y
the East line of said Ke1est,1332.30mar 1feet to the existing
minutes 32 seconds Second Filing; 1634.53 feet;
said Kelmar Strip, 344.09 feet;
thence South 88 degrees 57 minutes 24 seconds East, 06 seconds West, 239.99 feet;
thence North 00 degrees 29 minutes 24 seconds East, 239*99 feet;
thence North 64 thence North 31 degrees 12 minutes 14 reesseconds West,
I
3.2 By Grantors. Grantors agree that after the expira-
tion of the easement granted in Paragraph 2 hereof, that Grantors
will not make, suffer or allow interuption of surface drainage
through the culvert installed by the Grantee, pursuant to Subpara-
graph 3.1, without provision for alternative drainage sufficient
to carry surface waters then draining through such culvert. Nothing
contained in this paragraph shall prevent the enlargement or re-
location of the drainage culvert installed by the Grantee in
accordance with Subparagraph 3.1 hereof, provided that there is
no material interuption of surface water drainage from the real
property described in Exhibit B. hereto.
4. Binding Effect. The foregoing grant in easement shall be
binding upon and inure to the benefit of the heirs, successors,
representatives and assigns of the respective parties. Grantors
and their heirs, representatives and assigns agree not to make,
suffer or allow any of the property burdened by the easements
described in Paragraph 2 above to be used in a manner inconsistent
with the grant in easement pertaining thereto.
5. Miscellaneous. This instrument: (a) contains the entire
agreement among the parties, (b) may not be amended nor may any
rights hereunder be waived except by an instrument in writing signed
by the party sought to be charged with such amendment or waiver, and
(c) shall be construed in accordance with, and governed by, the
laws of Colorado.
IN WITNESS WHEREOF the following parties have executed this
Grant of Easement as of the day and yerar first above written.
Jack R. Hahn /
ona L. Hahn
- 2 -
04 seconds West, 298.33 feet;
295.53 feet;
thence North 18 degrees 52 minutes 1152.81 feet more or
thence North 10 degrees 23 minutes 28 seconds West,
thence South 89 degrees 06 minutes 33 seconds East,
less along the North line at the NW1/4 of said Section 12 GI the North
Quarter corner of said Section 12 and the TRUE POINT OF BEGINNING.
County of Larimer, of right of way over the East 30 feet thereof as now ie
EXCEPT a County Road rig
e 863;
used; a 863;
EXCEPT the land described in Book 2ook 249 a now known as HUNTINGTON HILLS
EXCEPT the in
EXCEPT all ofttHUNTINGTONdMEWS BFIRST 2Pl{ASE'Pag
P.U.D. FILING I,
and FILING TWO, FILING ONE, A P.U.D.
EXCEPT all of IIUof: the N HILLS,
being a portion of the ESTATES AT IIUNTINGTON HILLS,
PARCEL II:
TRACT B,
HUNTINGTON MEWS FIRST PHASE
now known as
HUNTINGTON HILLS p.U.D.eFILIColorado
County of Larimer, and h 215,
LOTS 134 through 161 and LOTS 165 through
and
TRACT A,
HUNTINGTON HILLS FILING TWO
being a portion of the
ESTATES AT HUNTINGT N HILLS FILING
f Colorado E' A P.U. .,
County of Larimer, State (
EXCEPT any portion of HUNTINGTON HILLS FILIN
streets or easements of HUNTINGTON IIILLS P.U.
Page
TWO contained within the
D. FILING I.
Luc 4u" 1%xx ZZ77
X' P el
EASEMENT DEDICATION
u f __&AWf
KNOW ALL MEN BY THESE PRESENTS: That the undersigned being the owners of
the following described land, to -wit, do hereby dedicate, transfer, and
convey to the City of Fort Collins to have and hold a temporary 100-foot
wide easement for access in the City of Fort Collins, County of Larimer,
State of Colorado, more particularly described as follows:
An Easement across part of the Northwest ;4 of Section 12, T6N, R69W of the
6th P.M., Larimer County, Colorado, being more particularly described as
follows: Considering the East line of said Northwest ;G of Section 12 as
bearing S 00°15'37" W and with all bearings contained herein relative
thereto; Commencing at the Southeast Corner of said Northwest ';S of Section
12, proceed N 89°40'22" W, 743.87 feet to the Southeast Corner of Huntington
Hills, Filing One, a subdivision on file in the office of the Larimer
County Clerk and Recorder, Colorado, and the True Point of Beginning;
thence N 00°19'38" E, 88.00 feet along the East line of said Huntington
Hills, Filing One; thence leaving said East line, S 89°40'22" E, 100.00
feet; thence S 00°19'38" W, 88.00 feet; thence N 89°40'22" W, 100.00 feet
to the True Point of Beginning.
The above described Easement contains 8800 sq. ft., more or less gross and
is subject to all easements, rights -of -way, or restrictions as now in use
or on record.
Witness our hands and seals this
A.D. 198�
FOSSIL CREEK MEADOWS DEVELOPMENT GROUP
by 5211 Development Corporation,
a Colorado CofpoMation, General P-4rW6
day of 4"-&.,-
Ci F�lrs
i'veg Lori_
er
The foregoing instrument was acknowledged before me this day of
A.D. 198 `7 by
Notary Public V
My notarial commission expires: Z3 11
My business address is: 1 T
ATTORNEY'S CERTIFICATE
This is to certify that on the' F day of
I examined the title to the property as described hereon and established
that the owners of record of the said property;
, are as shown hereon as of said date.
Ad�ss: /XQ�Q�-1�l
Registration No. ��
DEED OF DEDICATION
(SIGHT DISTANCE AND UTILITY EASEMENTS)
KNOW ALL MEN BY THESE PRESENTS: That the undersigned,
327006 Alberta, Ltd., being the owner of certain real property
in Larimer County, Colorado, legally described as Lots 152 and
174 of Huntington Hills, Filing Two, being a portion of
Estates of Huntington Hills, Filing One, a P.U.D., 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,
for public use forever a permanent sight distance easement in
the City of Fort Collins, County of Larimer, State of
Colorado. The area within sight distance easements is
restricted to the following:
1) Fences shall not exceed 42" in height and shall be
of open design. If fences exceed 32" in height, they shall be
constructed of split rail with a minimum dimension of 12"
between horizontal members.
2) Berms, hedges and shrubs shall not exceed 32" in
height.
3) Tree planting shall be restricted to deciduous
trees only. The lowest branch of any tree shall be no less than
42" from grade.
It :is understood by the undersigned that, by acceptance
of this dedication, the City of Fort Collins will not accept the
duty of maintenance of such easement.
WITNESS OUR HANDS AND SEALS this ,ZZ day of July,
1992.
GRANTOR: 327006 ALBERTA, LTD.
By:C a
G.W. Murray; a for
ATTEST:
Title:
CITY OF CALGARY )
)ss.
PROVINCE OF ALBERTA )
The foregoing instrument was acknowledged before me
this zz day of July, 1992, by G.W. Murray, Director of 327006
Alberta, Ltd.
�R�An ASWIi
My Commission Tres: L9OhC ,/y53
* 4. 327006 ALBERTA, LTD., also dedicates, transfers and conveys to the City of
,� A^ J, Fort Collins, the utility easements attached as Exhibits B, G, D & E.
LEGAL DESCRIPTION - SIGHT DISTANCE EASEMENT
Site Distance Easement across Lots 152 and 174 of Huntington Hills, Filing Two,
Being a Portion of the Estates at Huntington Hills, Filing One, a P.U.D., according to
the recorded plat thereof, City of Ft. Collins, Larimer County, Colorado, being
described as follows:
Commencing at the Northwester corner of said Lot 174 with all bearings contained
herein, relative to those of said Huntington Hills, Filing Two; thence along the North
line of said Lot 174 the following courses: along a curve to the left having a radius
of 469.44 feet, an arc length of 72.59 feet, a central angle of 08051'34", and a
chord which bears North 74°07'41" East, 72.52 feet; thence North 69041'54" East
17.89 feet to the POINT OF BEGINNING of this description; thence South
03°12'09" East, 88.68 feet to the North line of said Lot 152; thence continuing
South 03°12'09" East, 37.82 feet to the Easterly line of said Lot 152; thence
along said Easterly line along a non -tangent curve to the left having a radius of
138.00 feet, an arc length of 44.69 feet, a central angle of 18133'24" and a chord
which bears North 21121'44" East 43.69 feet to the East corner common to said
Lots 152 and 174; thence along the Easterly line of said Lot 174 along a curve to
the left having a radius of 138.00 feet, an arc length of 75.87 feet, a central angle
of 31 °29'58"and a chord which bears North 03053'26" West, 74.92 feet; thence
along a curve to the left having a radius of 15.00 feet, an arc length of 23.74 feet,
and a central angle of 90139'41 "; thence South 69041'54" West, 0.11 feet to the
POINT OF BEGINNING of this description.
`43(111?ihvN! s1 . w'plpni
EXHIBIT A
LEGAL DESCRIPTION - 4' Utility Easement (East side of O'Leary Court)
A 4.00-foot-wide strip of land across Lots 144 through 147 of Huntington Hills,
Filing Two, Being a Portion of the Estates at Huntington Hills, Filing One, a P.U.D.,
according to the recorded plat thereof, City of Ft. Collins, Larimer County, Colorado
being described as follows:
Commencing at the Northeast corner of said Lot 147 with all bearings contained
herein relative to those of said Huntington Hills, Filing Two; thence South
66°55'53" West, 72.58 feet, to the intersection of the Easterly line of an existing
8-foot-wide utility easement with a line which is 32.00 feet West of and parallel with
the centerline of O'Leary Court and the POINT OF BEGINNING of this description;
thence along said parallel line the following courses: South 02031'59" West, 80.37
feet; thence along a curve to the right having a radius of 282.36 feet, an are length
_ - --- --
of-89.47 feet, and a central angle of 18°09'18"; thence South 20°41'16" West,
64.24 feet to the -Easterly fine of said existing 8-foot-wide utility easement; thence
along said Easterly line the following courses: along a non -tangent curve to the right
having a radius of 12.00 feet, an arc length of 10.09 feet, a central angle of
48°11'23", and a chord which bears North 03°24'25" West, 9.80 feet; thence
North 20141'16" East, 55.29 feet; thence along a curve to the left having a radius
of 278.36 feet, an arc length of 88.20 feet, and a central angle of 18009'18";
thence North 02°31'59" East, 74.05 feet; thence along a curve to the right having
a radius of 7.00 feet, an arc length of 7.90 feet, and a central angle of 64037'23"
to the POINT OF BEGINNING of this description.
P,14 t,H$jEil;lT
C1j.
IVIIII/ "s.1
LEGAL DESCRIPTION - 4' Utility Easement (West side of O'Leary Court)
A 4.00-foot-wide strip of land across Lots 137 through 139 of Huntington Hills,
Filing Two, Being a Portion of the Estates at Huntington Hills, Filing One, a P.U.D.,
according to the recorded plat thereof, City of Ft. Collins, Larimer County, Colorado
being described as follows:
Commencing at the Northwest corner of said Lot 137 with all bearings contained
herein relative to those of said Huntington Hills, Filing Two; thence South
65132'44" East, 64.62 feet, to the intersection of the Westerly line of an existing
8-foot-wide utility easement with a line which is 32.00 feet West of and parallel with
the centerline of O'Leary Court and the POINT OF BEGINNING of this description;
thence along said parallel line the following courses: South 02°31'59" West, 80.38
feet; thence along a curve to the right having a radius of 218.36 feet, an arc length
of 69.19 feet, and a central angle of 18'09'18"; thence South 20141'16" West,
64.29 feet to the Westerly line of said existing 8-foot-wide utility easement; thence
along said Westerly line the following courses: along a non -tangent curve to the left
having a radius of 12.00 feet, an arc length of 10.09 feet, a central angle of
48111'23", and a chord which bears North 44°46'57" East, 9.80 feet; thence
---=North 20141'16" East, 55.35 feet; thence along a curve to the left having a radius
of 222.36 feet, an arc length of 70.46 feet, and a central angle of 18009'18";
thence North 02131'59" East, 74.06 feet; thence along a curve to the left having
a radius of 7.00 feet, an arc length of 7.90 feet, and a central angle of 64037'23"
to the POINT OF BEGINNING of this description.
SURVEYOR'S C'FRTIFI('.ATF
!i1 � i,1Uie7t}?>i�il,, i i8 „ ayii',`i �h,.•t�a4jiF34lf1{;$ng pgpRi}IN?P?in�r Hif ���aa}�{iiil!?�t t'?�k�ari&r�rs� iko a, <4yy�si,� �, ott �i1eiSR»+I,,fl ax8<h6'.Y��131�tsS"��it f1Et9}}pfGr a ,<„ ;.��; r J
9
EXII181T C
LEGAL DESCRIPTION - 4' Utility Easement (East side of Brinn Court)
A 4.0o-foot-wide strip of land across Lots 129 through 132 of Huntington Hills,
Filing Two, Being a Portion of the Estates at Huntington Hills, Filing One, a P.U.D.,
according to the recorded plat thereof, City of Ft. Collins, Larimer County, Colorado
being described as follows:
Commencing at the most Easterly corner of said Lot 132, with all bearings contained
herein relative to those of said Huntington Hills Filing Two; thence North 73136'56"
East, 51.52 feet, to the intersection of the Easterly line of an existing 8-foot-wide
utility easement with a line which is 32.00 feet East of and parallel with the
centerline of Brinn Court and the POINT OF BEGINNING of this description; thence
along said parallel line the following courses: along a curve to the left having a radius
of 133.00 feet, an arc length of 242.47 feet, a central angle of 104127'22", and
a chord which bears South 1.2019'53_East, ,210.26 feet; thence South 64°33'30'-
East, 45.96 feet to the Easterly line of said existing 8-foot-wide utility easement;
thence along said Easterly line the following courses: along a non -tangent curve to
the right having a radius of 12.00 feet, an arc length of 10.09 feet, a central angle
�of 48111'23", and_a chord which bears North 88_39'11" West, 9.80 feet; thence
North 64133'30" East, 37.02 feet; thence along a curve to the right having a radius
of 137.00 feet, an arc length of 243.18 feet, and a central angle of 101 142'00";
feet, and ag central acuryngle ee off 66 00 32"having a ra tos of 7.00 feet, thePOINT OFan arc length of BEGINNING ofthis
description.
„S,t1£ki3izgU)�o 1�ib,�,f;ftH)iyi i . � a� �i:,�,,nf � e, p�,,f�f;k;Pr; .'ti,"$; �.p3t?j;'gS�Yt +��.ds3g,hti ii s.�rri,�.i:gisyti£t,�sri ,� ,rsnt, i, A&�3tts£;?EC3FH't3 e>x;<4"�y�ryrq!}ry4Y�i�Hfs3�i31istfY s- „ �.ti.>ii", .r � s?,3
EXHIS16T D
LEGAL DESCRIPTION - 4' Utility Easement (West side of Brinn Court)
A 4.00-foot-wide strip of land across Lots 117 through 124 of Huntington Hills,
Filing Two, Being a Portion of the Estates at Huntington Hills, Filing One, a P.U.D.,
according to the recorded plat thereof, City of Ft. Collins, Larimer County, Colorado
being described as follows:
Commencing at the Northeast corner of said Lot 117 with all bearings contained
herein, relative to those of said Huntington Hills, Filing Two; thence South
22000'06" East, 58.02 feet to the intersection of the Westerly line of an existing
8-foot-wide utility easement with a line which is 32.00 feet West of and parallel with
the centerline of Brinn Court and the POINT OF BEGINNING of this description;
thence along said parallel line the following courses: along a non -tangent curve to
the left having a radius of 197.00 feet, an arc length of 362.11 feet, a central angle
of 105018'56''', and a chord which bears South 11054'05" East, 313.24 feet;
thence South 164'33'30" East, 46.09 feet to the Westerly line of said existing
8-foot-wide utility easement; thence along said Westerly line the following courses:
along a non -tangent curve to the left having a radius of 12.00 feet, an arc length of
10.10 feet, a central angle of 48014'35" and a chord which bears North
40127'49" West, 9.80 feet; thence North 64°33'30" West, 37.13 feet; thence
along a curve to the right having a radius of 193.00 feet, an arc length of 348.60
feet, and a central angle of 103129'23"; thence along a curve to the left having a
radius of 7.00 feet, an arc length of 7.08 feet, and a central angle of 57057'51"
to the POINT OF BEGINNING of this description.
EXH8T I
STATE OF COLOR.ADO )
ss.
COUNTY OF.C� )
The foregoing instrument was acknowledged before me this
2A1l_fV*ay of _y�p,,� 1980, by Jack R. Hahn and Dona L.
Hahn. --
Witness my hand and official seal.
My Commission expires: v 3
Notary Public
Accepted by:
FOSSIL CREEK MEADOWS DEVELOPMENT GROUP
By F T WESTER RESOURCES, INC.
By
William Duna., resident
STATE OF COLORADO )
�/ ) ss.
COUNTY OF ,sf�,�' )
The foregoing instrument was acknowledged before me this
p*s"Iuay of �jti_�A/� 1980, by William Dunne, President of
First Western resources, Inc. for Fossil Creek Meadows Develop-
ment Group.
Witness my hand and official seal.
My commission expires: 19bY4--
Notary Public
- 3 -
A Temporary Secondary Access Easement through a Parcel of Property in the
Northwest 1/4 of Section 12, T6N, R69W of the 6th P. M., Larimer County,
Colorado.
This easement is for a secondary access into the Huntington Mews Sub-
division. It is termed temporary and will be firm until another access
is constructed. It shall be 25 feet both sides of a line described to -wit:
Considering the North line of the Northwest 1/4 of Section 12,
T6N, R69W of the 6th P. M. as bearing N 89°13'00" W (from survey
by C. P. Delgado, L. S. #10725, May 4, 1978) and with all bearings
contained herein relative thereto; the point of beginning is
located S 89"13'00" E a distance of 675.00 feet and again S 0°25'30" W
a distance of 1008.44 feet from the Northwest corner of said Section
12, T6N„ R69W of the 6th P. M. From this point of beginning proceed
S 89°34'30" E a distance of 418.48 feet; thence
S 87°58'38" E a distance of 580.37 feet; thence
S 69025'17" E a distance of 432.05 feet; to the
East boundary of the parcel and the point of
termination.
EXHIBIT A
1
r
A TRACT OF LAND SITAUTED IN SECTION 12, TOWNSHIP 6 NORTH, RANGE 69
WEST OF THE 61-H P.M., AND SECTION 7, TOWNSHIP 6 NORTH, RANGE 69 WEST
OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 12 AS BEARING S 89 DEGREES 06
MINUTES 33 SECONDS E, AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO; BEGINNING AT THE NORTH 1/4 CORNER OF SECTION 12;
PROCEED THENCE: S 89 DEGREES 09 MINUTES 25 SECONDS E, 2663.95 FEET
ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12 TO
NORTHEAST CORNER OF SAID SECTION 12; THENCE S 00 DEGREES 02 MINUTES
19 SECONDS W, 1360.70 FEET ALONG THE EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 12, THENCE LEAVING SAID EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12, S 89 DEGREES 57 MINUTES 41
SECONDS E, 30.00 FEET; THENCE S 26 DEGREES 22 MINUTES 41 SECONDS E,
570.20 FEET; THENCE S 09 DEGREES 35 MINUTES 47 SECONDS W, 216.64
FEET; THENCE S 23 DEGREES 08 MINUTES 19 SECONDS W, 554.90 FEET;
THENCE N 89 DEGREES 57 MINUTES 41 SECONDS W, 30.00 FEET TO THE
EXISTING EAST 1/4 CORNER OF SAID SECTION 12; THENCE S 00 DEGREES 03
MINUTES 37 SECONDS W, 566.09 FEET; THENCE N 89 DEGREES 56 MINUTES
23 SECONDS W, 530.00 FEET; THENCE S 00 DEGREES 03 MINUTES 37
SECONDS W, 85.58 FEET; THENCE N 87 DEGREES 29 MINUTES 45 SECONDS W.
258.21 FEET; THENCE N 87 DEGREES 29 MINUTES 30 SECONDS W, 715.82
FEET; THENCE N 87 DEGREES 47 MINUTES 30 SECONDS 'W'', 750.01 FEET;
THENCE N 60 DEGREES 08 MINUTES 29 SECONDS W, 509.70 FEET; THENCE N
00 DEGREES 15 MINUTES 13 SECONDS E.. 343.33 FEET; MORE OR LESS TO
THE CENTER 1/4 CORNER OF SAID SECTION 12; THENCE N 69 DEGREES 40
MINUTES 22 SECONDS W, 221S.87 FEET MORE OR LESS ALONG THE SOUTH Lif-
OF THE NORTHWEST 1/4 OF SAID SECTION 12 TO THE EXISTING SOUTHEAST
CORNER OF THE KELMAR STRIP, SECOND FILING, A SUBDIVISION ON FILE IN
1HE OFFICE OF THE LARIMER COUNTY, CLERK AND RECORDER, COLORAD;
THENCE ALONG THE EAST LINE OF SAID KELMAR STRIP, SECOND FILING N 00
DEGREES 24 MINUTES 32 SECONDS W, 1332.30 FEET TO THE EXISTING
NORTHEAST CORNER OF SAID KELMAR STRIP, SECOND FILING; THENCE S 88
DEGREES 57 MINUTES 22 SECONDS E, 1634.53 FEET; THENCE N 00 DEGREES
29 MINUTES 24 SECONDS E, 344.09 FEET; THENCE N 64 DEGREES 37
MINUTES 06 SECONDS W, 239.99 FEET; THENCE N 31 DEGREES 12 MINUTES
14 SECONDS W, 353.28 FEET; THENCE N 16 DEGREES 52 MINUTES 04
SECONDS W, 29S.33 FEET; THENCE N 10 DEGREES 23 MINUTES 2S SECONDS
W, 295.53 FEET; THEE4CE S E9 DEGREES 06 MINUTES 33 SECONDS E,
1152.51 FEET MORE OR LESS ALONG THE NORTH LINE AT THE NORTHWEST i/4
OF SAID SECTION 12 TO THE NORTH 1/4 CORNER OF SAID SECTION 12 AND
THE TRUE POINT OF BEGINNING;
EXHIBIT B
ROAD EASEMENT
KNOW ALL MEN BY THESE PRESENTS that 7> C, c , e . '�1,,-, (,,
the owner of the real property described in EX'51DIT A attached ereto does hereby
grant to Fossil Creek Meadows Development Group, its successors, assigns and the
general public, an easement across the real property described in Exhibit A
attached hereto, in perpetuity for use thereof as a public street, roadway, and
thoroughfare and further grants in such property a perpetual easement for the
purpose of permitting the installation, operation and maintenance of any and all
public utilities, including but not limited to storm and sanitary sewers, natural
gas and water lines, telephone and electric lines, cables, conduits, and poles,
together with all necessary and convenient appurtenances thereto.
KNOW ALL MEN BY THESE PRESENTS that n (', c . L , J�)F �-� � �,���
the owner of the real property described in Exhibit attache hereto does hereby
grant to Fossil Creek Meadows Development Group, its successors, assigns, a
temporary construction easement across the real property described in Exhibit 8
attached hereto, for use thereof as a construction easement for the purpose of
permitting the installation of any and all public streets utilities, including
but not limited 'to storm and sanitary sewers, natural gas and water lines,
telephone and electric lines, cables, conduits, and poles, together with all
necessary and convenient appurtenances thereto. Grantee agrees to indemnify
and hold grantor harmless for any and all acts by its agents, servants and
contractors on the easement granted hereby during the term of construction of
improvements upon the benefited property. Grantee agrees to restore the ease-
ment to its condition prior to construction.
IN WITNESS WHEREOF the grantors have executed this instrument as of
this �)?/` day of 1981.
STATE OF COLORADO )
COUNTY OF LARIMER
) ss.
The foregoing instrument was acknowledged before me this 27th day
Of May , 11981, by Lawrence A. Odau
Witness my hand and official seal.
My commission expires: June 15, 1983
Not Public
IN WITNESS WHEREOF the holders of a Deed of Trust have executed this
instrument as of this day of , 1981.
STATE OF COLORADO )
COUNTY OF LARIMER
) ss.
The foregoing instrument was acknowledged before me this
_, 19131, by
Witness my hand and official seal.
My commission expires:
day of
Notary Public
The following real property situate in the Southwest 1/4 of Section 12,
Township 6 North, Range 69 West of the 6th Principal Meridian.
From the West 1/4 Corner of Section 12, Township 6 North, Range 69 West
of the 6th Principal Meridian, proceed along the East—West center of
section line of said Section 12 on a bearing of S 89'54' E a distance of
1488.55 feet to a point of beginning.
From this point of beginning proceed S 89'54' E a distance of 648.45 feet,
thence S 00'28'30" W a distance of 40 feet, thence N 89'54' W a distance of
648.45 feet, thence N 00'28'30" W a distance of 40 feet to the point of
beginning.
This roadway easement contains 0.5955 acres more or less.
Certification:
I, Mack N. Adams, do hereby certify that this description accurately
describes an area of Village Grove Annexation and involv�s a roaase-
ment for Skyway Drive through this annexation.
Mack Adams, ESL 17289
EXHIBIT A
The following real property situate in the Southwest 1/4 of Section
12, Township 6 North, Range 69 West of the 6th Principal Meridian.
From the West 1/4 Corner of Section 12, Township 6 North, Range 69 West of
the 6th Principal Meridian, proceed along the East-West center of section
line of said. Section 12 on a bearing of S 89°59' E a distance of 1568.55
feet, thence. S 00°28'30" W a distance of 40 feet to the point of beginning.
From this point of beginning proceed S 89'54' E a distance of 568.45 feet,
thence S 00028'30" W a distance of 40 feet, thence N 89*54' W a distance of
568.45 feet, thence N 00*28'30" W a distance of 40 feet, to the point of
beginning.
This construction easement contains 1.1174 acres more or less.
Certification:
I, Mack N. Adams, do hereby certify that this description accurately
describes an area of Village Grove Annexation and invIlves a construction
easement only for Skyway Drive through this annex' _
• Mac N. Adams, P7KLS #7289
EXHIBIT B
DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS that P (',- LL . 7-�--( ( ( f <<i;(/%Y ,
the owner of the real property described in Exhibit A attached hereto does
hereby grant to Fossil Creek Meadows Development Group, its successors, assigns
and the general public, a drainage easement on either side of the center
line of pipe described in perpetuity, for the installation, operation and
maintenance of water drainage pipe or culvert or any replacement therefor.
IN WITNESS WHEREOF the grantors have executed this instrument as of
this J ) day of i 1981.
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 27th day
of May , 1981, by Lawrence A. Odau
Witness my hand and official seal.
My commission expires:
IN WITNESS WHEREOF the holders of a Deed of Trust have executed this
Instrument as of this day of , 1981.
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
of
The foregoing instrument was acknowledged before me this day
1981 , by
Witness my hand and official seal.
My commission expires:
Notary Pub c