The URL can be used to link to this page

Home My WebLink AboutBELLAVISTA PDP - Filed ED-EASEMENT DEDICATION - 2004-12-29x.iy;,zF.,k E'r�ne3 GRANT OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That SOSTON COLORADO, INC., a Colorado corporation ("Boston Colorado"), being the owner of certain real property in the South Half of Section 25, Township 7 North, Range 69 West of the 6`' Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, in consideration of Two Thousand rive Hundred Dollars ($2,500.00), does hereby grant to BELLA VISTA DEVELOPMENT, LLC, a Colorado limited liability company ("BVD"), whose address is Attn: Javier Martinez, 2655 Midpoint Drive, Fort Collins, Colorado 80525, a non-exclusive easement for the installation, maintenance, repair and replacement of a concrete drainage channel, utility lines and landscaping ("Improvements") on, under and across that certain parcel of real property situated in the City of Fort Collins, County of Larimer, State of Colorado, being more particularly described on Exhibit A attached hereto ("Easement Parcel"), which Improvements shall be constructed and installed in accordance with the plans for such Improvements and the installation thereof described in Exhibit C attached hereto, without material deviation. BVD shall be solely liable and responsible for paying all costs of installation, maintenance, repair and replacement of any Improvements constructed by or for the benefit of BVD. BVD shall indemnify Boston Colorado and all future owners of the Easement Parcel against, and shall hold each such owner harmless from, any cost, liabili y or expense arising from the exercise of any of the rights granted by this Easement, from and against any claim made by any third party for personal injury or property damage arising therefrom, and from and against any lien for labor or materials attaching to Boston Colorado's fee simple interest in its real property, including the Easement Parcel. This Grant of Easement has been executed and delivered by Boston Colorado in connection with the development of the real property legally described on Exhibit B attached hereto and located south of the Easement Parcel, which other property is owned by BVD. BVD has submitted an application to the City of Fort Collins for approval of a Mixed Use Development on such BVD property. If the City of Fort Collins has not granted final approval of such Mixed Use Project by December 30, 2003 or if BVD has not tendered to Boston Colorado the consideration described in the first paragraph hereof within five (5) days after the date of Boston Colorado's execution of this Easement, then this Easement shall be null and void. 'his Easement shal' be recorded only if such final approval +088.3 1 ', 03 04"" PM.,:BLU_ %01186?9 W PD:.I has been timely granted by the City of Fort Collins and said consideration has been timely paid. If this Easement is recorded on or before December 31, 2003, it shall be valid and shall be in effect as to each use, until such use has been permanently abandoned by BVD or any subsequent owner of the Bella Vista property. Abandonment of one or more easement use(s) shall not be deemed to constitute an abandonment of anv other easement use. Signed this � day of 2003. BOSTON CO ORADO, INC., a Colorado corporation n James Gould/ President COMMONWEALTH OF MASSACHUSETTS ) as. County of -7& The foregoing instrument was acknowledged before me this day of ( cAtAj,, 2003, by James Gould, President of BOSTON COLORADO, INC.rado corporate MARLIEPEI COPER Notary Public My commission expires: Commonwealth of Massachusetts il Notary Publ 1075N_3. IC3'03 04 - Plvl_ APLOA0118679 WPD:I 2 ACCEPTANCE AND RATIFICATION BY LENDER Federal Home Loan Mortgage Corporation, a corporation organized and existing under the laws of the United States, the holder of a Deed of Trust on the property subject to the easement, hereby approves, ratifies and consents to the foregoing Grant of Easement. Signed this �— day of 2003. FEDERAL HOME LOAN MORTGAGE CORPORATION By: Authorized Signer STATE OF " ss. County of J 1 .rt The foregoing instrument was acknowledged before me this of day of �T- Ly 1 2003, by Bf2YW) -1;1Ck5 ,-- authorized signer for FEDERAL HOME LOAN MORTGAGE CORPORATION, a corporation organized and existing under the laws of the United States. My commission expires: Notary Public O""'A' SEAL CATHERINE HINTON Notary Public Virginia My Commission Expires MAY 31, 2004 10758.11/D/03 04.'_2 PN4 ARLC, A0118679. N PD:1 3 nVni I PlCFLN ENGINEERING SERVICES, INC. DESCRIP'I ION: A drainage, utility, landscape, grading and access easement being located in the South Half of Section 25, Township 7 North, Range 69 West of the 6ei Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 25 as bearing South 89051'02" Fast and with all bearings contained herein relative thereto: Commencing at the Southwest comer of said Section 25; thence along said South line, South 89051'02" East,188135 feet to a point being the Southeasterly corner of STRACHAN SUBDIVISION, THIRD FILING, a subdivision located in the SW 1/4 of said Section 25 in the City of Fort Collins, County of Latimer, State of Colorado, according to the recorded plat thereof; thence, North 00008'58" East, 50.00 feet to a point on the South line of BELLA VISTA PDP; thence along the Westerly and Northerly lines of said BELLA VISTA PDP and along a curve concave to the Northeast having a central angle of 90000'00" with a radius of 15.00 feet, an arc length of 2356 feet and the chord of which bears North 44°51'02" West, 21.21 feet; thence along a curve concave to the Southeast having; a central angle of 38°00'00" with a radius of 298.80 feet, an arc length, of 198.17 feet and the chord of which bears North 19°08'58" East, 194-56 feet; thence along a curve concave to the Northwest having a central angle of 18°38'45" with a radius of 376.80 feet, an arc length of I22.62 feet and the chord of which bears North 28°49'35" East, 122.08 fed; thence, South 69°00'32" East, 3455 feet to the POINT OF BEGINNING; thence departing said Northerly line of said BELLA VISTA PDP, North 00°08'58" East, 21.40 feet; thence, South 69°00'32" East, 9257 feet; thence, South 50°27'04" East, 21.95 feet; thence, North 39°34'09" East, 737 feet; thence, South 69000'32' East, 84.02 feet; thence, South 62°13'02" East, 382.99 feet; thence, South 27046'58" West, 20.00 feet to a point on said Northerly line of said BELLA VISTA PDP; thence along said Northerly line, North 62013'02' West, 381.80 feet; thence, North 69000'32" West, 190.96 feet to the Point of Beginning. The above described drainage, utility, landscape, grading and access easement contains 0263 acres more: or less and is subject to all easements and rights -of -way now on record or existing. June 18, 2002 EX-01.doc BLV O1-037 jaa 420 SOUTH HOWES, SUITE 202 1 FORT COLLINS, COLORADO 80521 1 970.221.4158 1 FAX 970.221.4159 rMB(TA w � e § 2 § < cc o< j § z 2 �§ g [ I� < 'I kk k i §§ 2/° K $ to _ ca / < \ k/ L } � �LL 0d ® ; /k ® x<w0 �_—_ « o ® z tL § w /ƒ0 7 ■ §2 § �®_ LUI §/ <LL w 0IL§"w 2 - zo , 2 L § gƒ ® p02 & \� '09,l w i ® m (a PEA . m § § » §) k} \} LU LU _ CO CD ®;&! \ \ �2 w; & < �\\\\ / n )` �NO §� Mt § 2 tD 03 D Ix mw§ e2,f »0;a A:11: A tract of land situate in the South 1/2 of Section 25, Township 7 North, Range 69 West of the 6th P.M., Fort Collins, Colorado which considering the South line of the said South 112 as bearing N 89° 45' 30" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the North line of East Horsetooth Road which bears N 890 415' 30" E 1881.35 feet and again N 00° 14' 30" W 50.00 feet from the Southwest corner of said Section 25 and run thence along the arc of a 15.00 foot radius curve to the right a distance of 23.56 feet, the long chord of which bears N 45° 14' 30" W 21.21 feet to a point on the East line of Stanford Road; thence along said East line along the arc of a 298.80 foot radius curve to the right a distance of 198.17 feet, the long chord of which bears N 180 45' 30" E 194.56 feet and again along the arc of a 376.80 foot radius curve to the left a distance of 122.62 feet, the long chord of which bears N 28" 26' 08" E 122.08 feet; thence S 69' 24' E 225.51 feet; thence S 62' 36' 30" E 381.30 feet; thence S 69' 12' 30" E 100.05 feet; thence S 750 08' 30" E 49.29 feet to a point on the North line of East Horsetooth Road; thence S 890 45' 30" W 796.91 feet to the point of beginning, containing 2.9595 acres, more or less. and being subject to a 20,000 foot wide right of way for anexisting sewer line and to a storm drainage easement as it now exists which begins at the point of beginning of the above described tract and runs thence N 89' 45' 30" E 20,000 feet; thence N 45° 14' 30" W 28.28 feet; thence S 890 4:5' 30" W 15.00 feet; thence S 00° 14' 30" E 5.00 feet; thence along the arc of a 15.00 foot radius curve to the left a distance of 23.56 feet, the long chord of which bears S 45° 14' 30" E 21.21 feet to the point of beginning. EXHIBIT C SHEET 4 (DETAIL SITE PLAN) AND SHEET 6 (LANDSCAPING PLAN) OF THE SELLA VISTA -PROJECT DEVELOPMENT PLAN -FORT COLLINS, COLORADO, PREPARED BY CITYSCAPE URBAN DESIGN, INC., JOB 9600, REVISED DULY 31, 2002 30758.3.1/13/030412 PM. AB LC. A0118679 WPD, I C-1 A 1,11U111 I ;W LAnilfhwt !7 r t, 1700f I-P151/ C WANT AND DEDICATION Of UTILITY EASEMENT J�/zF'o KNOW ALL MEN BY THESE PRESENTS: The Landings Ltd, Os r - Homes Inc., General Partner ueing the ow,ier of the following described land, to -wit: The parcels of land described as Tracts D, Fi E, F, G, H I, ,1 K, and L of the first replat of the Landings P.U.0 „ rst Filing, situate in the North Half of Section 36, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. do hereby dedicate and convey to the City of Fort Collins, a municipal corporation, for public use the above -described tract of land for utility easement's. THE LANDIyy��S, LTD OSPREY IOPfES I GENERAL PARTNER By: Held L. Rosenthal.-GeneralPartner ATTEST: Q'. c occ, Secretary STATE OF COLORADO J ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of %6woe_ A.D., 19 Ql _. by /�.✓ s/ My Commission expires: 7 is oar ub r ..� co