HomeMy WebLinkAboutINNOVATION ISLAND - Filed ED-EASEMENT DEDICATION - 2007-11-28RCPTN 1 99066576 07/27/99 11:23:00 0 PAGES - 4 PEE - $20.00
N RODENSEROER RECORDER, LARIKER COUNTY CO STATE DOC PEE - $.00
TEMPORARY EASEMENT DEDICATION
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Western VII
Investment, LLC, a Delaware Limited Liability Company ("Grantor"), being the owner of
certain real property in Larimer County, Colorado legally described at Reception No.
98105072 on December 1, 1998 in the Larimer County Records more generally
described as:
A portion of the Southwest Quarter of Section 34, Township 7 North,
Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado
does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a
municipal corporation ("City"), for public use a temporary nonexclusive Drainage
easement in the City of Fort Collins, County of Larimer, State of Colorado more
particularly described on Exhibit "A" attached hereto.
The Easement may be used only for the aforesaid purpose. All construction and
other work within the Easement shall be in accordance with and subject to any
applicable approved development plan, laws, ordinances, regulations, and
requirements of the City, as amended from time to time and whether or not of record as
of the date of this easement. Any person or entity performing construction and other
work within the Easement shall, upon completion of construction and at its sole cost
and expense, restore the surface of the ground to its condition immediately prior to the
initiation of construction, except as necessarily modified to accommodate improvements
installed within the Easement, which restoration shall be completed within (thirty) 30
days after the date of completion of such improvements. Any such person or entity
shall properly repair any and all damage caused by or arising from its performance of
construction or other work within the Easement and shall indemnify and hold the
Grantor, its directors, officers, employees, invitees, agents, successors and assigns
harmless from any and all expenses, including reasonable attorney's fees, losses, claim
or damages, specifically including damages to the property of Grantor or its successors
and licensees, arising from the performance of construction or other work within the
Easement by such person or entity, its employees, agents, contractors, subcontractors
and others under its direction or control. It is understood that the City is not a "person
or entity" which will be engaging in the performance of construction or other work within
the Easement and, accordingly, shall have no duty to restore the surface, repair
damages or indemnify, as hereinbefore required of "persons or entities."
Grantor, its successors and assigns, upon the written approval of the City, shall
have the right, at its expense, to relocate the Easement and any improvements therein,
if necessary, for development or sale of properties owned by it in the vicinity of the
Easement. Any such relocation shall be accompanied by a new deed of easement
dedicating to the City, such easement as are necessary to fully replace this easement.
This easement shall automatically terminate upon either (a) the platting of the
property included in the easement and the dedication to the City upon the plat of such
easements as are neccessary to fully replace this easement, or (b) the movement of the
easement pursuant to the preceding paragraph.
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 � day of Q+�, 1999.
RSM DISK
MIBIT "A" (page one of I:VG�
THE SEAR BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
FORMERLY REID. INC.
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-462-5922 FAX: 970-482-63"
DESCRIPTION:
A drainage and grading easement being a tract of land located in the Southwest Quarter
of Section 34, Township 7 North, Range 69 West of the 6'R Principal Meridian, City of
Fort Collins, County of Larimer, State of Colorado being more particularly described as
follows:
Considering the North line of THE OVERLOOK AT WOODRIDGE P.U.D., FOURTH
FILING on file at the office of the Clerk and Recorder, Larimer County, Colorado as
bearing North 80°51'00" East and with all bearings contained herein relative thereto:
Commencing at the Northeast comer of Lot 34 of said THE OVERLOOK AT
WOODRIDGE P.U.D., FOURTH FILING; thence, South 80*51'00" West, along the
North line of said THE OVERLOOK AT WOODRIDGE P.U.D., FOURTH FILING,
18.30 feet to the POINT OF BEGINNING; thence continuing along said North line,
South 80`51'00" West, 436.70 feet; thence, departing said North line, North 09°09'00"
West, 10.00 feet; thence, North 80°51'00" East, 446.58 feet; thence, South 35°30'27"
West, 14.06 feet to the Point of Beginning.
The above described drainage and grading easement contains 4,416 square feet more or
less and is subject to all easements and rights -of -way now on record or existing.
April 6, 1999
Ovreasel.doc
NEW YORK• PENNSYLVANIA
COLORADO•UTAH
STANDARDS IN EXCELLENCE
EOUAL OPPORTUNITY EMPLOYER
N
ATTEST:
Roberta S. Martin, Secretary
Western Property Advisors, Inc.
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Western VII Investment, LLC
a Delaware Limited Liability Company
By Western Property Advisors, Inc.
As a duly authorized agent for
Western VI Investment, LLC
Mich✓ael S. j residen�
Western Property Advisors, Inc.
The foregoing instrument was acknowledged before me this day of I,
1999 by Michael S. Byrne and Roberta S. Martin, as President and Secretary,
respectively, of Western Property Advisors, Inc. as duly authorized agents for Western
VII Investment, LLC.
WITNESS my hand and official seal.
My commission expires:
Ny ary Public
Accepted by the City of Fort Collins on the 0 day 0�4F, 1991,
City Clerk
ATTORNEY'S CERTIFICATE
I hereby certify that the foregoing easement dedication has been duly executed as
required pursuant to Section 2.2.3(C)(a) through (c) 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 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.;
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RSM DISK WINWORMDAKE SEDOC
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