HomeMy WebLinkAboutFOSSIL CREEK MEADOWS - Filed ED-EASEMENT DEDICATION - 2002-10-22RCPTN # 91047801 1C 2/91 12:34:00 # PAGES 2 FEE - $10.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
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EASEMENT DEDICATION
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being
the owner of:
Commercial Envelope "A", Fossil Creek Meadows, First
Filing, City of Fort Collins, County of Larimer, State
of Colorado
does hereby dedicate and convey to the City of Fort Collins for
public use forever hereafter a utility and drainage easement
described as follows:
A utility and drainage easement situate in said
Commercial Envelope "A" which begins at a point on the
North line of said Envelope "A", which bears S 890 43'
13" E 51.60 feet, and again S 000 471 47" W 459.68
feet, and again S 890 48' 34" E 398.91 feet from the
West 1/4 corner of Section 1, Township 6 North, Range
69 West of the Sixth P.M. , and run thence S 890 48'
34" E 57.37 feet; thence S 190 33' 22" E 102.20 feet;
thence along the arc of a 267.00 foot radius curve to
the right a distance of 94.92 feet, the long chord of
which bears S 090 22' 18" E 94.42 feet; thence S 000
48' 47" W 211.87 feet to a point on the Southerly line
of said Envelope "A"; thence along said Southerly line
along the arc of a 232.84 foot radius curve to the
right a distance of 88.49 feet, the long chord of
which bears N 620 00' 53" W 87.96 feet; thence along
the arc of a 15.00 foot radius curve to the left a
distance of 33.53 feet, the long chord of which bears
N 640 50' 34" E 26.97 feet; thence N 000 48' 47" E
159.89 feet; thence along the arc of a 213.00 foot
radius curve to the left a distance of 75.72 feet, the
long chord of which bears N 090 22' 18" W 75.33 feet;
thence N 190 33' 22" W 121.58 feet to the point of
beginning.
Acceptance by the City of this dedication does not impose on
the City a duty to maintain the surface area of the easement so
dedicated.
Witness my hand and seal this ay 06 ` ,
A.D., 1991.
KENSINGTON PROPERTIES, LTD.
a Colorado _,ipi'tq Partnership
By /
J. AlT. HEFFRON
anaaina Partner
0
RCPTN # 97D06058 01/30j97 10:46:00 # PAGE, 6 FEE - 131.00
M RODENHERGER RECORD LARLMER COUNTY CO STAfl- DOC FEE - �.UD
[MAILCRK.EAS Rev. 1/23/971
DEED OF EASEMENT
THIS DEED, made this Z day ofJ w , 1991, between FOSSIL CREEK MEADOWS
HOMEOWNERS' ASSOCIATION, INC., a Colorado Corporation, of the County of Larimer,
State of Colorado, GRANTOR, whose address is MCS Business Center, P.O. Box 9682, Fort
Collins, CO 80525, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521.
WITNESSETH:
That for and in consideration of the covenants and agreements herein set forth, the sum
of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the Grantee
to the Grantor, the receipt and adequacy of which is hereby acknowledged, the Grantor hereby
grants, sells and conveys to the Grantee, its successors and assigns, a perpetual easement and
right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any
time and from time to time drainage improvements, together with a right-of-way for access, on,
along, through and under all of the hereinafter described real property situated in the County of
Larimer, State of Colorado, being described more fully on Exhibit "A" attached hereto and by this
reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a temporary construction easement
being described more fully on Exhibit "A" attached hereto and by this reference made a part
hereof for the purpose of constructing the aforementioned public improvements. Asa condition
of the granting of the temporary construction easement, the Grantee covenants and agrees to
restore said lands, landscaping, fences, or other improvements to a level comparable to the
condition they were in just prior to construction.
The Grantor further grants to the Grantee
(a) the right of ingress to and egress from said easements over and across said lands
of the Grantor by means of roads and lanes thereon; provided, that if any portion
of said lands is or shall be subdivided and dedicated roads or highways on such
portion shall extend to said easements, said right of ingress and egress on said
portion shall be confined to such dedicated roads and highways;
(b) the right from time to time to improve, reconstruct, and replace drainage
improvements, or other structures constructed hereunder.
(c) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross said easements;
Grantor reserves the right to use said easements for purposes which will not interfere with
Grantee's full enjoyment of the rights hereby granted and the parties further agree that the uses
of said easement by Grantor and the agreements concerning those uses shall be as follows:
(a) Grantor shall not erect or construct any building or other structure, or drill or operate
any well, or construct any reservoir or other obstruction, or otherwise add to the
ground level in the 100 year flood plan of Mail Creek as shown on Exhibit "B"; and,
(b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish, debris,
or any other substance or material, whether combustible or noncombustible, on the
100 year flood plain of Mail Creek as shown on Exhibit "B".
I�
CITY OF FORT COLLINS
The Grantor states that it is the lawful owner in fee simple of the real property described
herein; that it has a good and lawful right and authority to grant, sell and convey an easement
across said property or any part thereof and that it warrants the title of said property.
Whenever used herein, the singular number shall include the plural, the plural the singular;
and the use of any gender shall be applicable to all genders. All of the covenants herein
contained shall be binding upon and inure to the benefit of the parties hereto, their respective
heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day and
year first above written; and the Grantee has caused this Deed to be executed as an Agreement
y its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed on
the day of .q�. 199-7-.
Grantor:
FOSSIL CREEK MEADOWS HOMEOWNERS'
ASSOCIATION, INC.
By: C
/ re icient
ATTEST: �
J
Title:
STATE OF COLORADO )
COUNTY OF LARIMER ss.
Subscribed and sworn to before me this.E- y of. Griu(,r ,
as President of Fossil Creek Meadows Homeowners' Association, I c.,
Witness rry hand and officisij seal.
My Commission expires:
Zbiz
Notary Public
APPROVED AS TO FORM
Assistant City Attorney
199 7, by A6&��
a Colorado Corporation.
THE CITY OF FORT COLLINS,
Municipal Corporation
By O
Ci anager
2
COLORADO,
STATE OF COLORADO
) ss.
COUNTY OF LARIMER )
EZ � pj97
Subscribed and sworn to before me this day of -��r�-ice, by
John F. Fischbach as City Manager and Wanda M. Krajicek as City Clerk
of the City of Fort Collins, a Colorado Municipal Corporation.
Witness my hand and offical seal.
My Commission expires: 1,/3i�y.}
1
Notary Public
�a
EXHIBIT A
A Permanent Drainage Easement on, over and across a portion of Open Area Tract B of Fossil
Creek Meadows 1st Filing according to the plat recorded on April 28, 1977 in Book 1765 at
Page 370 in the records of the Latimer County Clerk and Recorder. More particularly described
as follows.
Considering the North line of said Tract B as bearing S 83°57'05" E according to said plat, and
with all bearings contained herein relative thereto.
BEGINNING at the NorthEast Corner of said Tract B, said point also being the NorthWest
Corner of Lot 109 of said plat; thence along the Westerly line of Lots 109, 110, 111 and 112
of said plat S 06°02155" W 45.00 feet; thence S 42°15'07" E 81.15 feet; thence S 00°45'06"
W 100.00 feet; thence 40°33'27" W 78.10 feet; thence S 00°45'06" W 127.63 feet; thence
departing from said line N 83°57'05" W 177.59 feet to the SouthEast corner of Lot 87; thence
along the Eastedy line of Lots 87,88 and 89 of said plat N 06°02'55" E 390.00 feet to the
NorthWest Corner of said Tract B; thence along said line S 83°57'05" E 140.23 feet to the
BEGINNING.
The above described Easement covers 1.60 Acres.
A Temporary Construction Easement on, over and across a portion of Open Area Tract A of
Fossil Creek Meadows 1st Filing according to the plat recorded on April 28, 1977 in Book 1765
at Page 370 in the records of the Latimer County Clerk and Recorder. More particularly
described as follows.
Considering the South line of said Tract A as bearing S 83°57'05" E according to said plat, and
with all bearings contained herein relative thereto.
Commencing at the SouthEast Corner of said Tract A; thence along the South line of said Tract
A N 83057'05" W'10.00 feet to the TRUE POINT OF BEGINNING; thence continuing along
said line N 83°57'05" W 100.00 feet; thence departing from said line N 06°02'55" E 30.00
feet; thence S 83°57'05" E 100.00 feet; thence S O6°02155" W 30.00 feet to the TRUE POINT
OF BEGINNING.
The above described Easement covers 0.07 Acres.
Sheet 1 of 2
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EXHIBIT A'
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Temp. Const. Esmt.
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Scale 1' 100' feat
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STATE OF COLORADO)
)ss
COUNTY OF BOULDER)
Th foregoing instrument was acknowledged before me
this day of( L� j1 1 E k , 1991, by J. Paul Heffron,
Managing Partner o eFsington Properties, Ltd.
Witness my hand and official seal.
My commission expires:
tary Ptivhlic
/. ATTORNEY'S CERTIFICATE
�i L�
This is to certify that on the �� day of ,
A.D.'1991, I examined the title to the property her66n described
and;'established that the owners and proprietors of record of said
property as construed in C.R.S. 1973, 31-23-111, are as shown
hereon as of said date.
S anley A. B1 ck
1 15 Spruce Street
Boulder, Colorado 80302
Registration No. 2186
��OSSiL CREED(
�c�S/GN CcNT,El� RG/. D,
G�TiL/T)' � O�PA/r1/.9GE
.�.RSEMENT 7 icOPOSEO
Fo�P Oc D/CAT/ON
MAP #3
H(:F"PN u 97t)IIC)5i1 02ii6i97 15:02:00 # PAGES — 6 WKI — Yi31..00
7 HOOh;NRNHUMH Hh;i'OHDb;H, I,AHLMKH COUNTY CO STATN DOC; KKK UU
[MAILCRK2.EAS 2/4/971
DEED OF EASEMENT
THIS DEED, made this 9day of1997, between FOSSIL CREEK
MEADOWS HOMEOWNERS' ASSOCIATION, INC., a Colorado Corporation, of the
County of Larimer, State of Colorado, GRANTOR, whose address is MCS Business Center,
P.O. Box 9682, Fort Collins, CO 80525, and THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins,
Colorado 80521.
WITNESSETH:
That for and in consideration of the covenants and agreements herein set forth, the
sum of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by
the Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the
Grantor hereby grants, sells and conveys to the Grantee, its successors and assigns, a
perpetual easement and right-of-way to install, operate, maintain, repair, reconstruct,
replace, inspect and remove, at any time and from time to time drainage improvements,
together with a right-of-way for access, on, along, through and under all of the hereinafter
described real property situated in the County of Larimer, State of Colorado, being
described more fully on Exhibit "A" attached hereto and by this reference made a part
hereof.
In addition thereto, Grantor grants to the Grantee a temporary construction easement
being described more fully on Exhibit "A" attached hereto and by this reference made a part
hereof for the purpose of constructing the aforementioned public improvements. As a
condition of the granting of the temporary construction easement, the Grantee covenants
and agrees to restore said lands, landscaping, fences, or other improvements to a level
comparable to the condition they were in just prior to construction.
The Grantor further grants to the Grantee:
(a) the right of ingress to and egress from said easements over and across said
lands of the Grantor by means of roads and lanes thereon; provided, that if
any portion of said lands is or shall be subdivided and dedicated roads or
highways on such portion shall extend to said easements, said right of
ingress and egress on said portion shall be confined to such dedicated roads
and highways;
(b) the right from time to time to improve, reconstruct, and replace drainage
improvements, or other structures constructed hereunder.
1
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t
(c) the right to install, maintain and use gates in all fences which now cross or
shall hereafter cross said easements;
Grantor reserves the right to use said easements for purposes which will not interfere
with Grantee's full enjoyment of the rights hereby granted and the parties further agree that
the uses of said easement by Grantor and the agreements concerning those uses shall be
as follows:
(a) Grantor shall not erect or construct any building or other structure, or drill or
operate any well, or construct any reservoir or other obstruction, or otherwise
add to the ground level in the 100 year flood plan of Mail Creek as shown on
Exhibit "B"; and,
(b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish,
debris, or any other substance or material, whether combustible or
noncombustible, on the 100 year flood plain of Mail Creek as shown on
Exhibit "B".
The Grantor states that it is the lawful owner in fee simple of the real property
described herein; that it has a good and lawful right and authority to grant, sell and convey
an easement across said property or any part thereof and that it warrants the title of said
property.
Whenever used herein, the singular number shall include the plural, the plural the
singular; and the use of any gender shall be applicable to all genders. All of the covenants
herein contained shall be binding upon and inure to the benefit of the parties hereto, their
respective heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day
and year first above written; and the Grantee has caused this Deed to be executed as an
Agreement by its City Manra�gVer, attested to by its City Clerk, and its corporate seal to be
hereunto affixed on the ,.-uay of _FQ.kAt. 11997.
Grantor:
FOSSIL CREEK MEADOWS HOMEOWNERS'
ASSOCIATIONS INC.
a
By:
obert McCulley, President
2
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this Lh day of FeNUIi✓O , 1997, by Robert
McCulley, as President an6 ha a as 5e(a.4-Ar&l of Fossil Creek Meadows
Homeowners' Association, Inc., a Colorado Corporation.
Witness my hand and official seal.
My Commission expires:
t�t�i �olL Yi'is
Notary Public
THE CITY OF FORT COLLINS, COLORADO,
Municipal Corporation
By '."0-
City anager
\M. Nxis 1%, , -,�- , W--
APPROVED AS TO FORM
Assistant City AttorneY .
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to befolq me thi "'da of,�! e, , 1997, by !<
as and . iI a / � � s ' L. ✓ of the Cityof Fort Collins, a
Colorado Municipal Corporation.
,W ets my hand and officel seal.
o>timi;i ign expires: -
Notary Public
J �
3
,r
A EXHIBIT A
A Temporary Access Easement on, over and across a portion of Open Area Tract B of Fossil
Creek Meadows 1st Filing according to the plat recorded on April 28, 1977 in Book 1765 at
Page 370 in the records of the L.arimer County Clerk and Recorder. More particularly described
as follows.
Considering the East line of said Lot 86, said Fossil Creek Meadows as bearing N 06°02155"
E according to said plat, and with all bearings contained herein relative thereto.
BEGINNING at the NorthEast corner of said Lot 86; thence S 83°57'05" E 88.79 feet; thence
S 03030'51" W 200.87 feet; thence S 27039133" E 164.75 feet; thence S 61°33'42" W 51.21
feet to a point at the SouthEast corner of Lot 83, said Fossil Creek Meadows; thence along the
Easterly line of said Lot 83 N 37002'52" W 215.00 feet to a point on the East line of Lot 85,
said Fossil Creek Meadows; thence along the Easterly line of said Lot 85 and Lot 86 N
06002'55" E 209.73 feet to the BEGINNING.
The above described Easement covers 0.73 Acres.
A Permanent Drainage Easement on, over and across a portion of Open Area Tract B of Fossil
Creek Meadows 1st Filing according to the plat recorded on April 28, 1977 in Book 1765 at
Page 370 in the records of the Larimer County Clerk and Recorder. More particularly described
as follows.
Considering the NorthEasterly line of Lot 82, said Fossil Creek Meadows as bearing N
15°26'42" W according to said plat, and with all bearings contained herein relative thereto.
BEGINNING at the NorthEast Comer of said Lot 82; thence N 61 °33'42" E 102.43 feet to a
point at the NorthWest corner of Lot 116, said Fossil Creek Meadows; thence along the West
line of said Lot 116 S 13°17'04" E 103.08 feet; thence along the West line of Lot 117, said
Fossil Creek Meadows S 00°45'06" W 130.00 feet; thence S 89°14'54" E 148.60 feet; to a
point on the West Right -of -Way line of Mail Creek Lane; said point being on a curve concave
to the West having a central angle of 20°26'59" and a radius of 515.67 feet the chord of which
bears S 15°12'10" W 183.08 feet; thence along the arc of said curve 184.05 feet; thence
departing from said line N 57°00'39" W 302.47 feet to a point at the SouthEast comer of Lot
82, said Fossil Creek Meadows; thence along the Easterly line of said Lot 82 N 37°23'43" E
115.00 feet; thence N 15°26'42" W 108.00 feet to the BEGINNING.
The above described Easement covers 1.17 Acres.
I EXHIBIT AN I oa
MEAz9ow
PASSWAY
89
109
fro
88
0
111
,( BEGINNING
L Temp. Access Esmt.
sB3.5r05p 112
/8d79' 177,59'
Gnor Ares
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86
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85 Td/J{p'mmy 114
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L - 184.05'\
100 0 100 200 Ch - S 15'12'10" W
E$mt B $?}' 183Q6'
scale 1" = 100' feet .17 Ac.
10M TST, INC. �
Consulting Engineers
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MAIL CREEK STABILITY IMPROVEMENTS - PHASE 2
CITY OF FORT COLLINS
CREEK REALIGNMENT PLAN & TREES SAVED