HomeMy WebLinkAboutCOTTONWOOD RIDGE - Filed ED-EASEMENT DEDICATION - 2006-09-21MEMORANDUM
DATE: November 24, 2004
TO: Aimee Jensen, Deputy City Clerk
FROM:
RE: PZ04-32 Easement Dedication
Agenda Date:
Nov 18, 2004
Grantor:
Alan and Catherine Martin
4815 Catavelle Drive, Ft Collins, Co 80526
Grantee:
City of Fort Collins
Location:
Lot 61, Cottonwood Ridge
Description:
Dedication of a 3.5 foot drainage easement along the south lot line.
Account Number:
for recording purposes)
Check # 088137 for $68.00 (2 of 3 items, 5 pages)
Monetary consideration:
10.00
Legal Description:
Lot 61, Cottonwood Ridge, being a part of the NE 1/4of S 3, T 6 N, R
69
Have we received other documents or will we be getting more documents in the future related to
this one? Yes - items in the past Project Name? Cottonwood Ridge
cc:
RESOLUTION NO. PZ04-33
OF THE PLANNING AND ZONING BOARD
OF THE CITY OF FORT COLLINS ACCEPTING THE
DEDICATION OF A DRAINAGE EASEMENT LOT 62 OF COTTONWOOD RIDGE
WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the
Planning and Zoning Board to accept dedication of certain easements by resolution or by
approval of replats containing notation of such dedication; and
WHEREAS, the Owner has presented to the City a deed of dedication for a
drainage a asement I ocated o n t he real p roperty k nown a s C ottonwood R idge, w hich
easement is more particularly described below; and
WHEREAS, the dedication has been reviewed and approved by the pertinent City
Departments, which departments report no objections to the dedication.
NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of
Fort Collins, that the "Deed of Dedication For Easement" conveying a drainage easement
to the City on Lot 62 of Cottonwood Ridge, which deed is attached hereto and incorporated
herein by this reference, is hereby accepted.
Passed and adopted at a regular meeting of the Planni and Z�11,,n d of the
City of Fort Collins held this 18"' day of November A.D. 20
r
Chairman
DEED OF DEDICATION FOR EASEMENT
KNOW ALL MEN BY THESE PRESENTS: The undersigned PROGRESSIVE
LIVING STRUCTURES, INC., a Colorado corporation, being the owner of certain real property
in Larimer County, Colorado, legally described as Lot 62, Cottonwood Ridge, according to the
Plat thereof recorded June 2, 2000 at Reception No. 2000036398, as evidenced by the Warranty
Deed recorded February 13, 2003 at Reception No. 2003018443 of the Larimer County,
Colorado 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, for public use forever
a permanent easement for drainage 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.
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 6 day of October, 2004.
GRANTOR:
ATTEST: PROGRESSIVE LIVING STRUCTURES,
INC., a Colorado corporation
Darlene M. Schuster, President
4190 N. Garfield Avenue
Loveland, CO 80538
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this �— day of October, 2004,
by DARLENE M. SCHUSTER as President, and JOCELYN R. CARNEY as Secretary of
PROGRESSIVE LIVING STRUCTURES, INC., a Colorado corporation.
hand and officials .
Y. on Expires: , k)
`NOTARY:
OFNotary,Publ c
wr ePP-PIDino a VeOy -33
CONSENT
L. J. SCHUSTER, LLC, a Colorado limited liability company, being the holder of a
Promissory Note made and executed by Progressive Living Structures, Inc., a Colorado
corporation, which Promissory Note is secured by a Deed of Trust recorded February 13, 2003 at
Reception No. 2003018444 of the Larimer County, Colorado records, hereby consents and
agrees to the foregoing Deed of Dedication for Easement and subordinates to said Easement.
Dated this 6 day of October, 2004.
L. J. SCHUSTER, LLC,
a Colorado limited liability company
By: h .
SAMt----
Darlene M. Schuster, Manager
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
rt The foregoing instrument was acknowledged before me this � �zda y of October,2004,
by DARLENE M. SCHUSTER as Manager of L. J. SCHUSTER, LLC, a Colorado limited
liability company.
Witness my hand and officia seal.
My Commission Expires:
D
Notary ubli Fly -33
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.
4tomey ,/
Addres�pp S T7cc4AAad,�
P'Z . Co1,,1iASe- ev
Registration N Qua
Date: o 0
PROPERTY DESCRIPTION
Exhibit A
(I oft)
A parcel of land being Three and One Half feet (3.5') in width and being part of Lot Sixty-two
(62), Cottonwood Ridge as recorded June 2, 2000 as Reception No. 2000036398 of the records of
the Latmer County Clerk and Recorder (LCCR) and being part of the Northeast Quarter (NEl/4)
of Section Three (3), Township Six North (T.6N.), Range Sixty-nine West (R.69 W.) of the Sixth
Principal Meridian (6" P.M.), City of Fort Collins, County of Latimer, State of Colorado, and
being more particularly described as follows:
The North 3.5' of said Lot 62.
Said parcel of land contains 732 sq. ft., more or less (t), and is subject to any rights -of -way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
1, Lawrence S Pepek, a Colorado Registered Professional Land Surveyor do hereby state 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.
Lawren epek - on behalf of
ColorjoeRegistered Professional
Land Surveyor #33642
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)686-5011
JN:2001411
rtZOy —'J�J
G:1LDDproj1200141111egal descriptionslLOT-62-DE-DEDICATION-LEGAL-DESC.doc
Last printed 8/192004 10:52 AM
DRAINAGE EASEMENT I EXHIBIT A LOT 62, COTTONWOOD RIDGE
NEY4 SEC. 3, T.6N., R.69W.
(2 OF 2)
\ \ LOT 59
LOT 60 \ U
=TONWOODRIDGE
- -REC. MO.2000036398 -
-
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LOT 61
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732 sq.ft 6' UTILITYT 7
EASEMENT
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EASEMENT
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Lawrenc Pepel<—On Behalf fv 'q Surveygr nc.
Colors egistered Land Surveyo 642•i;�p5
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AL LA
KING SUR; YOBS, INC:
PROJECT NO:2001411
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550
DATE:05/19/2004
CUENTPHONE:
LIVING
(970) 686-5011 FAX: (970686-5821
WWW.KINGSURVEYORS.COM )
DWG:2001411PROG.
DRAWN:
L62
DRAWN: MCD CHECKED: LSP
CD CHECKED:
EASEMENT DEDICATION
Drainage Easement 1
G
PZ04-33 N
4815 Caravelle Drive, Lot 62
Vicinity Map
November 2, 2004
PLS HOMES, INC. dba
PROGRESSIVE LIVING
STRUCTURES
October 13, 2004
Sheri Wamhoff
City of Fort Collins
281 N. College
Fort Collins, CO 80522
Dear Sheri:
Attached are the deeds of dedication for lots 61 and 62. These deeds dedicate a 6 ft.
drainage easement along the property line. This easement will convey water from the
west as shown on the utility plans but not on the plat.
Also attached is the legal description you requested for the utility easement vacation for
lot 61.
Your timely review and approval of these documents is appreciated as we have a closing
scheduled Monday October 18`n and hope to obtain the Certificated of Occupancy by
Friday Oct. 15tn
Si r
Geo H , P.E.
Development Manger
4190 N. GARFIELD
Hwy. 287 & E. 42nd
LOVELAND, CO 80538
(970)669-0870
RESOLUTION NO. PZ04-32
OF THE PLANNING AND ZONING BOARD
OF THE CITY OF FORT COLLINS ACCEPTING THE
DEDICATION OF A DRAINAGE EASEMENT LOT 61 OF COTTONWOOD RIDGE
WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the
Planning and Zoning Board to accept dedication of certain easements by resolution or by
approval of replats containing notation of such dedication; and
WHEREAS, the Owner has presented to the City a deed of dedication for a
drainage a asement I ocated o n t he real p roperty k nown a s C ottonwood R idge, w hich
easement is more particularly described below; and
WHEREAS, the dedication has been reviewed and approved by the pertinent City
Departments, which departments report no objections to the dedication.
NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of
Fort Collins, that the "Deed of Dedication For Easement' conveying a drainage easement
to the City on Lot 61 of Cottonwood Ridge, which deed is attached hereto and incorporated
herein by this reference, is hereby accepted.
Passed and adopted at a regular meeting of the Plannin d Zonin oar the
City of Fort Collins held this 18"' day of November A.D. 20 .
t/
Chairman
DEED OF DEDICATION FOR EASEMENT
KNOW ALL MEN BY THESE PRESENTS: The undersigned ALAN D. MARTIN
and CATHERINE L. MARTIN, being the owners of certain real property in Latimer County,
Colorado, legally described as Lot 61, Cottonwood Ridge, according to the Plat thereof recorded
June 2, 2000 at Reception No. 2000036398, as evidenced by the Warranty Deed recorded
March 16, 2004 at Reception No. 20040024489 of the Larimer County, Colorado 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, for public use forever a permanent easement
for drainage 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.
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 9 day of October, 2004.
GRANTORS:
4 I
Alan
. Martin
Catherine L. Martin
4815 Caravelle Drive
Fort Collins, CO 80526
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me thi�Aday of October, 2004,
by ALAN D. MARTIN and CATHERINE L. MARTIN.
I-°
w4mbls % f *d and official seal.
ioExpires:
ti kPU
Note Public
(i P-J--0y -'.>Z
CONSENT
COUNTRYWIDE HOME LOANS, INC. being the holder of a Promissory Note made
and executed by Alan D. Martin and Catherine L. Martin, which Promissory Note is secured by a
Deed of Trust recorded March 16, 2004 at Reception No. 20040024490 of the Larimer County,
Colorado records, hereby consents and agrees to the foregoing Deed of Dedication for Easement
and subordinates to said Easement.
Dated this 114�' day of October, 2004.
COUNTRYWIDE HOW LOANS, INC.
STATE OF C—is?a— )
)ss:
COUNTY OF tyEnC )
The foregoing instrument was acknowledged before me this,.�I 'f` day of October, 2004,
by k as r �bLW�r�
of COUNTRYWIDE HOME LOANS, INC.
Witness my hand and official seal.
My Commission Expires
HELENE L. JOHNSTON
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 01/10/2 W
1? �-L O'4 - �>Z
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.
4ddress
/iL�/
ftorney
to
• ••
v
Registration No. a r
D. •
Pz O`I -
PROPERTY DESCRIPTION
Exhibit A
(I oft)
A parcel of land being Three and One Half feet (3.5') in width and being part of Lot Sixty-one
(61), Cottonwood Ridge as recorded June 2, 2000 as Reception No. 2000036398 of the records of
the Larimer County Clerk and Recorder (LCCR) and being part of the Northeast Quarter (NE I/4)
of Section Three (3), Township Six North (T.6N.), Range Sixty-nine West (R.69W.) of the Sixth
Principal Meridian (6'" P.M.), City of Fort Collins, County of Larimer, State of Colorado, and
being more particularly described as follows:
The South 3.5' of said Lot 61.
Said parcel of land contains 732 sq. ft., more or less (t), and is subject to any rights -of -way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Lawrence S Pepek, a Colorado Registered Professional Land Surveyor do hereby state 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.
LawrenW41r Pepek - on behalt of
Color o Registered Professional
Land Surveyor #33642
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
JN:2001411
GALDDprojk200141 Negal descriptionskLOT-61-DE-DEDICATION-LEGAL-DESGdoc
Last printed 8/192004 10:37 AM
'P;_I OLI -3_?_-
DRAINAGE EASEMENT I EXHIBIT I-NFY4vSEC" L6- R.69W.
(2 OF 2)
\ \ LOT 59
I nT Fin \
COTTONWOODRIDGE
— —REC. N0.2000036398 — —
— — — — — — — — — — — --
� I
LOT 61
L8' UTILITY
II EASEMENT 9.17' UTILITY
EASEMENT
r-3.5' /732 sq.t.
6' UTILITY
EASEMENT
I I
LOT 62
L- - - - - - - - - - -
- - - - - - - - - - -----
LOT 63
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Colorado Registered Land Surve 1"= 40'
® 1YINC SIIRYLYORS, INC. PROJECT N08/ 9 2001411
004
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: :FROG. LIVING
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:01411 LIVING
WWW.KINGSURVEYORS.COM DWG: N: MCD CHECKED:
L62
DRAWN: MCD CHECKED: LSP
?-pAy -32-
EASEMENT .DEDICATION
PZ04-32 N
4815 Caravelle Drive, Lot 61
Vicinity Map
November 2, 2004
MEMORANDUM
DATE: November 24, 2004
TO: Aimee Jensen, Deputy City Clerk
FROM:
RE: PZ04-33 Easement Dedication
Agenda Date:
Nov 18, 2004
Grantor:
Progressive living structures, Inc.
4190 Garfield, Loveland, Co 80538
Grantee:
City of Fort Collins
Location:f
Lot 62, Cottonwood Ridge
DescriptioDedication
of a 3.5 foot drainage easement along the north lot line.
Account NCheck
forrecord
# 088137 for $68.00 (3 of 3 items, 5 pages)
Monetary consideration:
10.00
Legal Description:
Lot 62, Cottonwood Ridge, being a part of the NE'/4 of S 3, T 6 N, R.
69
Have we received other documents or will we be getting more documents in the future related to
this one? Yes - items in the past Project Name? Cottonwood Ridge
cc: