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HomeMy WebLinkAboutHUNTINGTON HILLS PUD FIFTH - Filed ED-EASEMENT DEDICATION - 2002-11-07cmoFFOarc, O C !o'o GRANT OF DRAINAGE EASEMENT o U3 TO HUNTINGTON HILLS, ET AL. BY D.O.L.L. DEVELOPMENT COMPANY THIS GRANT OF DRAINAGE EASEMENT is executed this ZC rj day of 1992, by and between D.O.L.L. DEVELOPMENT COMPANY, a Colorado Partnership ("Grantor") and HUNTINGTON W , HILLS CORPORATION ("the Corporation"), THE CITY OF FORT W COLLINS, a Municipal Corporation ("The City"), and 327006 k w ALBERTA, LTD., a Canadian Corporation ("Alberta"). The o Corporation, Alberta and the City shall be hereinafter 0 collectively referred to as the "Grantees". ra W WITNESSETH: U) H O F RECITALS: < U) a WHEREAS, the Grantor is the owner of certain real o property more particularly described in Exhibit 1 attached hereto and incorporated herein by reference ("the Property"); o PH z WHEREAS, Grantor has previously conveyed to Fossil Creek Development Group (predecessor in interest to the U Corporation) and to the general public, a grant of easement .,-iw� dated May 21, 1981, which grant is to be recorded concurrently with the recording of this Agreement ("the Present Drainage a Easement"), for the purposes of the construction and rn FC maintenance of a drainage facility (a copy of said Present Drainage Easement grant is attached hereto as Exhibit 2); and iw WHEREAS, the parties now wish to modify and enlarge the o area of said easement. rn w NOW, THEREFORE, for good and valuable consideration, a the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: �w O V w 1. Grantor, for good and valuable consideration, m hereby grants to Grantees in perpetuity, a non-exclusive w drainage easement (hereinafter referred to as "the Additional EE,0 Drainage Easement") to allow the flow of drainage waters upon, a a over, under and across an area generally described within the a X area shown on Exhibit 3 attached hereto. (a) The exact location and metes and bounds description of the Additional Drainage Easement shall be determined at a subsequent date by mutual agreement of the parties or if the parties cannot agree as to the location and precise area of such Additional Drainage Easement, then the location of such drainage easement will be determined by the City of Fort Collins Storm Water Drainage Department, which determination shall be conclusive upon the parties. The exact location of such drainage easement shall be evidenced by a supplemental instrument which shall be executed by the Grantor and recorded with the Clerk and Recorder of Larimer County, and the cost of the metes and bounds description, set forth in the supplemental instrument, shall be borne by the Corporation. The cost of the metes and bounds description describing the Drainage Easement filed for record shall be borne by Corporation. — _ LEGAL DESCRIPTION (CONY.) 298.33 feet; thence North 18 degrees 52 minutes 04 seconds West, thence North 10 degrees 23 minutes 28 seconds West, 295.53 feet; thence South 89 degrees 06 minutes 33 seconds East, 1152.81 feet more or Quarterocorner ofthe rsaidlSectionat hl2Nand4of said the TRUE POINT o0F1BEGINNING. 2 to the North County of Larimer, State of Colorado the East EXCEPT a County Road right used; EXCEPT the land described in Book 2153 at Page EXCEPT the land described in Book 2249 at Page EXCEPT all of HUNTINGTON MEWS FIRST PHASE, now P.U.D. FILING I, 30 feet thereof as now is 863; 2006; known as HUNTINGTON HILLS and EXCEPT all of HUNTINGTON HILLS, FILING TWO being a portion of the ESTATES AT HUNTINGTON HILLS, FILING ONE, A P.U.D. PARCEL II: TRACT B, HUNTINGTON MEWS FIRST PHASE now known as HUNTINGTON HILLS County of Larimer and LOTS 134 through and T A P.U.D. FILING I . State of Colorado 161 and LOTS 165 through 215, TRAC , HUNTINGTON HILLS FILING TWO being a portion of the ESTATES AT HUNTINGTON HILLS FILING ONE, A P.U.D., County of Larimer, State of Colorado ILING TWO contained within the EXCEPT any portion of HUNTINGTON HILLS F streets or easements of HUNTINGTON HILLS P.U.D. FILING I. Page s a The supplemental instrument shall reference its relationship to this grant of drainage easement set forth herein. In the event that Grantor should refuse to execute such supplemental instrument, for any reason, the Grantor hereby appoints the City as its attorney in fact, to draft, execute and file such instrument on Grantor's behalf. The foregoing power of attorney shall be deemed coupled with an interest and shall be irrevocable and shall survive the subsequent dissolution of the Grantor, and shall extend to and be binding upon the successor and assigns of the Grantor. The Additional Drainage Easement shall be sufficient, both in width and alignment, to provide the sufficient drainage area for drainage waters, based on a 100 year storm release rate for: (a) the historic flow of drainage prior to any development in the drainage area plus (b) the existing Additional Drainage flow resulting from the development of land upstream from the Grantor's property described on Exhibit 1, plus the additional future flow arising from the development of Huntington Hills P.U.D, the legal description of which is described as Exhibit 4. Grantor further agrees with respect to the Present Drainage Easement, that it will not make, suffer or allow interruption of flow of drainage waters to the present drainage culvert provided nothing herein contained in this paragraph shall be constructed to prevent the enlargement or relocation of the drainage culvert or the enlargement or relocation of any subsequent drainage system improvements made by Grantor, provided there is no interruption of drainage discharge upon the Property. Grantor further agrees that it will not make, suffer or allow interruption of flow of drainage waters upon, over, under and across the Drainage Easement created by this instrument. 2. Binding Effect. This Grant of Drainage Easement shall be binding upon and inure to the benefits of any successors, representatives or assigns of the respective parties. Grantor and it's heirs, representatives or assigns agree not to make, suffer or allow any of the Property burdened by the easement described in this Agreement to be used in a manner inconsistent with the grant of easement herein. 3. Miscellaneous. This Agreement contains the entire understanding among the parties, and may not be amended nor may rights be waived except in writing signed by all of the parties sought to be charged with such amendment or waiver and shall be construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have executed this Grant of Drainage Easement the day and year first written above. ►A T� D.O.L/A. /DEVELOPA8NT COMPANY 0 GRANTEE: HUNTINGTON HILLS CORPORATION, a Colorado corporation By Its President CITY OF FORT COLLINS, a Municipal Corpo r9tion By: C, City Manager 327006 ALBERTA, LTD., a Canadian Corporation By: A.L. Barrett, President STATE OF COLORADO ) )SS. COUNTY OF LARIMER ) htz�� Neil/Lotder, General Partner ' ATTEST: 0 Secretary ATTEST: City ; Q !' fit"M; beputy (11+y Attorney The foregoing was acknowledged on this day of 1992, by Lawrence Odau,-,a..-. General Partner of O.L.L. Development. Not ry Publicc� y commission expires: l7q �•. 3 ' v� STATE OF COLORADO ) ) SS. CITY AND COUNTY OF DENVER ) The foregoing was acknowledged on this JO day of r�ou'EFrfF, 1992, by Marcus Palkowitsh, President of Huntington Hills Corporation and by Neil Loader, General Partner of D.O.L.L. Development Company. Notary Pub is My commission expires: STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) The foregoing was acknowledged on this /—'v21t?1day of r}•> 1994, by Steve Burkett, City Manager and -, L , City Clerk of the City of Fort Collins, a Municipalorporation. Notary Public My commission expi es: 0�'-16--C,") PROVINCE OF ALBERTA ) ) SS. CITY OF EDMONTON ) The foregoing was acknowledged on this day of 1994r by Qri�r;(XnXIYvX>(XY?�:Xx"�l� of 327006 ALBERTA, LTD A.L. Barrett, President Z N ry PubUc My commi8sF expires: ifW,c� no cvPJ�c a y .n.p S�/lifc.- 4 I LEGAL DESCRIPTION - D.O.L.L. DEVELOPMENT PROPERTY A Tract of land situate in the Southwest 1/4 of Section 12, Township 6 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the North line of said Southwest 1/4 as bearing 5890541E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Center 1/4 corner of said Section 12 and run thence S0001213011W 892.18 feet along the East line of said Southwest 1/4; thence West 368.48 feet; thence S0001213011W 316.12 feet; thence West 208.71 feet; thence N000 1213011E 316.12 feet; thence along the arc of a 206.96 foot radius curve to the left a distance of 165.30 feet, the long chord of which bears 5670 0711011W 160.94 feet; thence 5440 1412011W 76.87 feet; thence South 407.17 feet; thence East 200.00 feet; thence 5000 1213011W 417.42 feet; thence West 360.00 feet; thence N0001213011E 1.29 feet; thence West 837.92 feet; thence N00 12130E 166.18 feet; thence along the arc of a 40.19 foot radius curve to the right a distance of 63.05 feet; the long chord of which bears N45 09'15"E 56.78 feet; thence N00 061E 60.00 feet; thence N25036150"W 236.15 feet; thence N89 541W 360.00 feet; thence N00028130"W 270.00 feet; thence S 890541E 617.40 feet; thence N00028130"W 671.98 feet; thence 5890541E 489.00 feet; thence N00028'30"W 375.26 feet; thence N890541W 80.00 feet; thence N00028130"W 40.00 feet; thence S89 541E 1187.75 feet to the point of beginning, containing 55.0000 acres, more or less. SEP-24-92 THU 16:02 TY of FT COLLINS 281 FAX NO, '032216378 P. 07 tY U DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS that %�. G• L,L . %ace �: the owner of the real property described in Exh b t attached hereto does hereby grant to Fossil Creek Meadows Development Croup, its successors, assigns and the general public, a drainage easement on either side of the center line of pipe described in perpetuity, for th�allation, operation and maintenance of water drainage pipe or culvert or any replacement therefor. IN WITNESS WHEREOF the grantors have executed this instrument asp f this �_ day of zj,ad 1981. STATE.OF COLORADO ) $a. COUNTY OF LARIMER } The foreggoing instrument was acknowledged before me this 27th day of May , 1981. by Lawrence A. Odau Witness my hand and official seal. My Commission expires: fi,nn Ir. 1QR'A / Kotar- y-publ is IN WITNESS WHEREOF the holders of a Deed of Trust have executed this Instrument as of this day of , 1981. STATE OF COLORADO is. COUNTY OF LARIMER The foreggoing instrument was acknowledged before me this day of , 1981, by hand and official seal. on expires.. Notary Public EXHIBIT 2 L sr CCT-15-92 THU 11:54 "ITY of FT COLLINS 281 FAX NO, 3032216378 P.02 i The following real property situate in the Southwest 1/4 of Section 12, Township 6 North, Range 69 West of the 6th Principal Meridian. From the West 1/4 Corner of Section 12, Township 6 North, Range 69 Vest of the 6th Principal Meridian, proceed along the East�West center of section line of said Section 12 on a bearing of S 89'54' E a distance of 1979.0 _ feet to a point of beginning. The casement shall be 10 feet either side of a line described to -wit: From the point of beginning proceed S 60`29' E a distance of 150 feet. This easement contains 1500 square feet. Certification: I, Mack N. Adams, do hereby certify that this description accurately describes an area of Village Crove easement for a culvert under Skyway 21 . OF EXHrRIT A fi_ l , II n v 4 II u _.L. CEP"r r,• E EA ____ EXHIB _ F` HAHN ¢y,�f'� ��•:,, _ „�i,,A1'o-�, FORT COLLINS o )� TIO L I N S of \�\777 . �. f I � CENTER LINE F DRAINAGEWAY ACCROSS`I-- D.O.L.L. PROPERTY \\ 1138i � �\' J �� ' Per � r I \ i ' ✓ l 14 \ - C \ rat _ .� �' .�(\ ` �� `I•P ` � i/���\�� � J co h c ,0\1 LEGAL DESCRIPTION OF HUNTINGTON HILLS P X.D. PARCEL I:.. A tract of land situated in Section 12, Township 6 North, Range 69 West of the 6th P.M., and Section 17,ly descrPbedNort, Ranse 68 West of the 6th P.M., being more p Considering the North line of the NW1/4 of said Section 12 as bearing South 89 degrees 06 minutes 33 seconds East and with all bearings contained herein relative thereto: BEGINNING at the North Quarter Corner of said Section feet l�12, proceed the Nor! Sutlinehof9thegNEl/40ofmsaideSectionsecondsNortheast Corner ofsaidsectio 12; minutes 19 seconds West, 1360.70 feet along thence South 00 degrees 02 the East line of the NE1/4 of said Section 12; South 89 thence leaving said East line of the NEl/4 of said Section 12, degrees 57 minutes 41 seconds East, 30.00 feet; thence South 26 degrees 22 minutes 41 seconds East, 570.20 feet; thence South 09 degrees 35 minutes 47 seconds West, 216.64 feet; thence South 23 degrees 08 minutes 19 seconds West, 554.90 feet; thence North 89 degrees 57 minutes 41 seconds West, 30.00 feet to the existing East Quarter Corner of said Section 12; thence South 00 degrees 03 minutes 37 seconds West, 568.00 feet; thence North 89 degrees 56 minutes 23 seconds West, 530.00 feet; thence South 00 degrees 03 minutes 37 seconds West, 258.21 feet; 85.56 feet; thence North 87 degrees 29 minutes 45 seconds West, thence North 87 degrees 29 minutes 30 seconds West, 715.82 feet; thence North 87 degrees 47 minutes 30 seconds West, 750.07 feet; thence North 60 degrees 08 minutes 29 seconds West, 509.70 feet; thence North 00 degrees 15 minutes 13 seconds East, 343.38 feet more o less to the Center Quarter Corner of said Section 12; thence North 89 degrees 40 minutes 22 seconds West, on 12 7 feet more less along the South line of the NW1/4Sof said Sectnd ioa Subdivisionto the xont Southeast Corner of the Kelmar Strip,thence a] uni file in the office of the Larimer COSecondlFiling, Northerk andd00�degrees 24 the East line of said Kelmar Strip, minutes 32 seconds West, 1332.30 feet to the existing Northeast Cornet said Kelmar Strip, Second Filing; thence South 88 degrees 57 minutes 2'2 seconds East, 1634.53 feet; thence North 00 degrees 29 minutes 24 seconds East, 344.09 feet; 99 thence North 64 degrees 37 minutes 06 seconds West, .28 feet; 53. thence North 31 degrees 12 minutes 14 seconds West, 353feet;