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Home My WebLink AboutGREENSTONE PUD PHASE 3 - Filed ED-EASEMENT DEDICATION - 2002-10-30RC'P`PN # 93064818 /08/93 1 fn (1(i V vq(,Wk, M R()UF:NP,F R(-'H f RY, HPi)p'.R (,AR I Mh.R ('0UN'j'V 0I EASEMENT DEDICATION Irrigation Detention Pond KNOW ALL MEN BY THESE PRESENTS that the undersigned, Jay D. Stoner, being the owner of the following described land, to -wit: That certain parcel consisting of 103,331 square feet, more or less, located in the southeast quarter of Section 18, Township 6 North, Range 68 West of the 6th P.M. in Larimer County, Colorado, that is described on Exhibit A. attached hereto and incorporated herein, does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, for public use forever, a permanent easement for irrigation detention pond purposes. The parcel constituting such irrigation detention pond is the identical parcel described on Exhibit A hereof. The undersigned acknowledges that the City of Fort Collins does not accept any duty to install or maintain such irrigation detention pond, by acceptance of this dedication or otherwise. This Dedication shall be binding upon the undersigned, his heirs, grantees, legal representatives, and assigns. Signed this //�� day of July, 1993. aye Stoner STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of July, 1993, by Jay D. Stoner. Witness my hand and official seal. My commission expires;� '(i_0. iNbtaIrV Public STUHMIE S. CrTyr1i' EXHIBIT A TO EASEMENT DEDICATION Irrigation Detention Pond LAND DESCRIPTION: IRRIGATION DETENTION POND EASEMENT. All that portion of the southeast one -quarter of Section 18, Township 6 North, Range 68 West, of the 6th P.M., Larimer County, Colorado, more particularly described as follows: Considering the south line of said southeast one -quarter of Section 18 as bearing SOUTH 890 59' 49" EAST and with all bearings contained herein relative thereto. Commencing at the southwest corner of said southeast one -quarter of Section 18; Thence along said south line of the southeast one - quarter of Section 18 SOUTH 890 59' 49" EAST 1754.26,feet to the westerly right-of-way line of the Union Pacific Railroad; Thence leaving said south line and along said westerly right-of-way line NORTH 350 34' 46" WEST 1370.94 feet to the TRUE POINT OF BEGINNING; Thence continuing along said westerly right-of-way line NORTH 350 34' 46" WEST 596.68 feet; Thence leaving said westerly right-of-way line SOUTH 540 25' 14" WEST 26.00 feet; Thence SOUTH 000 08' 45' EAST 105.05 feet; Thence SOUTH 080 04' 26" EAST 252.04 feet; Thence SOUTH 100 29' 47" WEST 88.61 Feet; Thence SOUTH 460 00' 39' EAST 180.17 feet; Thence NORTH 690 56' 56' EAST 182.53 feet; Thence NORTH 540 25' 14" EAST 58.63 feet to the TRUE POINT OF BEGINNING. Said portion contains 103,331 square feet, more or less. ATTORNEY'S CERTIFICATE This is to certify that on the first day of July, A.D. 1993, I examined the title to the property described in the foregoing Irrigation Detention Pond Easement, as described therein, and established that the owners and proprietors of record of such property, as construed in C.R.S. 1973, 31-23-111, are as shown hereon as of said date. Dave Williams Attorney at Law Moore, Smith & Williams, P.C. 425 West Mulberry Street Suite 112 Fort Collins, Colorado 80521 (303) 482-9770 Registration Number 0475 Engineering Department �M, . G Irrigation and detention pond easement Gm r o, \�dy Co Rd 32 NO SCALE 1VIAP #9 Wy OF FOFU l:c: I-N- LETTER AGREEMENT REGARDING SLOPE EASEMENT GreenStone P.U.D. in the City of Fort Collins, Larimer County, Colorado This Letter Agreement will set forth an Agreement between the City of Fort Collins ("the City") and GreenStone P.U.D. Homeowners' Association ("the Association"). GreenStone P.U.D. ("the P.U.D.") is a residential subdivision located in Section 1, Township 6, Range 68 West of the Sixth P.M. At the time this Letter Agreement is written, the subdivision improvements for it are being installed. A portion of the P.U.D. borders County Road 32. When the P.U.D. improvements are installed, certain landscaping and equestrian trail improvements will be installed on the perimeter of the P.U.D. that borders County Road 32. Such improvements include fences, sprinklers, horse trails, sidewalks, and the like. When the P.U.D. subdivision improvements are installed by the Developer for County Road 32, the Developer will perform certain grading and street work in the County Road 32 right of way and slope easements (as recorded on the plats for the P.U.D.) that will serve as an interim condition, until such time as the City widens County Road 32 and installs sidewalks. The City and the Association recognize that County Road 32 will be widened by the City at some presently unknown date in the future. The Association therefore agrees not to install any buildings, sheds, or other structural improvements in the area lying in the right of way of County Road 32 nor the slope easements bordering County Road 32. That is, the only improvements in such area will be fences, sprinklers, horse trails, landscaping (but not including trees), and the like. The Association further acknowledges and agrees that the City shall have the right, when the City in its sole and absolute discretion determines, to widen or otherwise improve County Road 32, and to re -grade the area within the County Road 32 right of way and adjacent slope easements. In doing so, the City shall have the right to remove fences, sprinklers, landscaping, and the horse trails. The Association shall have no claim whatever against the City or its agents for the alteration or removal of any such items, nor for the loss of use of any such items. The City covenants and agrees to cut and cap the sprinkler systems then existing, at its expense, and to hydro -seed the altered or :re -graded area, at its expense. However, the City may utilize a method other than hydro -seeding so long as the City - 1 - em r.)F FNr plants the disturbed area, in a reasonable manner, with grass. The City may select the type of grass used in such seeding, so long as the type chosen is reasonably suited for the Fort Collins climate. The City shall have no duty whatever to replace any landscaping within the disturbed area, and the Association shall have no right: or claim whatever for the loss of any such item. This Letter Agreement shall be recorded with the Larimer County Clerk and Recorder and shall be binding upon the Association, its successors and assigns, and upon all future owners and occupiers of the strip of land on which slope easements exist adjacent to County Road 32. This Letter Agreement is signed by the parties hereto on the dates inAi,4&14 Ao-o /yg/e- 1994, shown by their respective signatures. A-t l 1 ` 1994 Date STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) CITY OF FORT COLLINS, a Municipal Corporation BY: �_. Steve Burkett, City Manager The foregoing instrument was acknowledged before me this � da y of LPL , 1994, by Steve Burkett, City Manager of the City of Fdrt Collins, a Municipal Corporation. Witness my hand and official seal. My commission expires: n N tary Public WW6 5 , 1-994 Date t4,/ C, 1.994 D to APPROVED A TO FORM: �GuO�� City Attorney APPROVED AS TO CONTENT: Director of Engineer/if - 2 - i Date STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) GREENSTONE P.U.D. HOMEOWNERS' ASSOCIATION BY: ay Stoner, President The foregoing instrument was acknowledged before me this ;r day of , 1994, by Jay D. Stoner, President of GreenStone P.U.D. Homeowners' Association. Witness my hand and official seal. My commission expires: S-' 715 Public - 3 - � %4$ k, rATE