Loading...
HomeMy WebLinkAboutRIGDEN FARM - Filed ED-EASEMENT DEDICATION - 2002-11-08R('PTN # 1441)h4'/H 04 /1Kly4 J.-, - if (it) # PAGES - AI_) EF:K - !BS(_), m) N1 R(MENPF:Rh1•:k RH'. ('(1 F21)4 I.ARIMp_H UGHNTY CO RTA9" 10. VV.E - 9i,1_IIl EASEMENT AGREEMENT THIS AGREEMENT, is entered into this J day of August 1994, by and between the Colorado State Board of Agriculture for the use and benefit of Colorado State University (the "Board") and the City of Fort Collins, Colorado (the "City"). 1. Grant of Non -Exclusive Easement by the Board: Consideration, Description and Purpose. 1.1 The Board. The Board is a body corporate and the governing board for Colorado State University, a state institution of higher education located in the City of Fort Collins, Colorado. 1.2 The Citv. The City desires to install an underground 54 inch concrete storm sewer line over and across certain property of the Board as part of the City's Foothills Basin North Tributary Project, as more fully set forth hereinafter 1.3 Public Interest. In recognition that while the property that is the subject of this easement is considered property of the state and not subject to condemnation by the City, it is considered proper and appropriate under the circumstances of this Agreement for the Board to recognize that the City, as a constitutionally chartered public municipal corporation, should have its public interest accommodated whenever such is not in conflict with the mission and best interest of Colorado State University. 1.4 Grant of Easement. NOW, THEREFORE, for and in consideration of the sum of Nine Thousand One Hundred Fifty and no/100 Dollars ($9,150.00), to the Board in hand paid by the City and the promises and covenants of the City contained herein, and subject to the terms and conditions herein made, the Board grants and conveys to the City a permanent, non-exclusive easement in gross to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, storm drainage improvements consisting of an underground 54 inch concrete storm sewer line and related structures through and under that real property of the Board situated in the County of Larimer, State of Colorado, and described on Exhibit "A" that is attached hereto and incorporated herein by this reference (the "easement"). 1.5 Construction Easement. During the term of this Agreement, and subject to all provisions in paragraph 2 below, City shall have access at all times to the land described, for construction, repair, operation and maintenance of the facilities and equipment constructed or erected under this easement. For the purposes of the initial installation of the aforementioned improvements, said access and construction shall, in addition, be allowed to a necessary and reasonable portion of land of the Board adjacent to this easement (the "temporary construction easement"). CITY Of ' "^' t INS PLERMAKLIZ-HT DRAWAGE AND TEMPORARY CONSTRUC TDN CASEMENT OF THE Gth P.M, MY OIL GAT• OOLLENS, R MER COUNTY, COo LORADO QC.S.U.D Commencing at the North quarter corner of said Section 29 and considering the West line of said Northeast quarter to bear South 00°06'34" West with all bearings contained herein, relative thereto; thence along said West line South 00°06'34" West, 30.00 feet to the South right-of-way line of Drake Road and the POINT OF BEGINNING of this description; thence along said South line South 89112'59" East, 30.00 feet; thence departing said South line South 00°06'34" West, 1745.12 feet; thence South 89°12'59" East, 10.00 feet; thence South 00°06'34" West, 20.00 feet; thence North 89°12'59" West, t; the feet to said West line of the Northeast quarter; thence along said West line North feet to said East, 1765.12 feet to the POINT OF BEGINNING of this description The above described easement contains a net area of 2.03 acres, more or less I, MICHAEL C. CREGGER, do hereby certify that this exhibit and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. This exhibit does not constitute a land survey as defined by Colorado statutes. ✓f / M CHAEL C. CR GGER Professional Land Surveyor Colorado Registration No. 22564 TST, INC. Lon.WW° Engln..n SHEET 3 of J RUP'I'N A 441)by-/114 HH . /44 11) t 3> 0O # PAG 4 R FFF. - $40, 00 M HOI)KNRM:F(4WR 476; (_'(_)H I)NR I,AP.IMV.P (()1_IN J`V (_O ETA V. 00C. FM.R - T, Q0 -N- i NON-EXCLUSIVE EASEMENT AGREEMENT t:Y THIS AGREEMENT, is entered into this I ? day of June 1993, by and between the Colorado State Board of Agriculture for the use and benefit of Colorado State University ("the Board") and the City of Fort Collins, Colorado ("the Grantee"). 1. Grant of Non Exclusive Easement by the Board Consideration Description and Purpose. In exchange for the promises of the Grantee as set forth in this Agreement, and in consideration of the payment by the Grantee to the Board of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, the Board grants and conveys to the Grantee a permanent non-exclusive easement in gross over and under the land of the Board as more particularly described as the "Permanent Easement" on Exhibit "A" attached hereto and incorporated herein by this reference. Said easement is granted for the purpose of installation and maintenance of a 36-inch underground storm sewer outfall pipe from the proposed detention pond located on the new Fort Collins High School property to, in part, protect contiguous lands of the Board from off -site waters at not greater than historic flows, and as identified as a regional drainage improvement in the City's Foothills Basin Master Drainage Plan. 1.1. Access. During the term of this Agreement and subject to all provisions in paragraph 2 below, Grantee shall have access at all times to the land described, for construction, repair, operation and maintenance of the facilities and equipment constructed or erected under this easement. For the purposes of initial installation of the storm sewer outfall pipe, said access and construction shall be confined to the land described as the "Temporary Construction Easement" on Exhibit "A" attached hereto. 2. Agreement of Grantee. In exchange for the Board's grant of this easement, Grantee agrees to the following terms: 2.1. Survey. The Grantee agrees that all documents, plats and descriptions as are attached hereto as exhibits are the result of surveys engaged by the Grantee at its sole expense for the purpose of surveying the boundaries for this easement, and the Board assumes no responsibility for the accuracy of such survey obtained by the Grantee nor for damages resulting from inaccuracies. 2.2. Environment and Character of Land. Any work or activity undertaken by Grantee in connection with this easement shall be so planned, designed and carried out as to interfere as little as reasonably possible with the character, appearance, and potential development of the land and the surrounding environment, including its aesthetic character. It is understood and agreed that the storm sewer outfall pipe to be installed under this easement shall be sub- surface only and shall not include facilities or equipment above the surface, except as provided in paragraph 2.4 below. 2.3. Drawings and Specifications. Drawings and specifications for any work or construction contemplated in this easement shall be submitted to the Board or its representative for approval prior to commencement of any work. CITY OF FORT COLLINS 2.4. Consent for Work. Except in cases of emergency, Grantee shall obtain the prior consent of the Board or its representative before undertaking any work or activity upon the land encumbered by this easement. Such consent shall not be unreasonably withheld. All access routes to the land described for Grantee's construction, repair, operation or maintenance of the facilities or equipment constructed or erected in accordance with this easement shall be via a route or routes reasonably designated by the Board. 2.5. Costs to be Borne by Grantee. All costs incurred in connection with any work, construction, restoration, maintenance, facilities or equipment contemplated in this easement shall be borne entirely by the Grantee. 2.6. Restoration. After completion of any work undertaken in connection with this easement (whether the work involves original construction or later repair, maintenance or demolition), Grantee shall restore the land and any improvements thereon to the condition immediately prior to such work. 2.7. Surface Structures. Grantee shall have the right to install incidental surface structures and devices reasonably required for the installation and operation of the underground storm sewer outfall pipe. All such structures or devices shall be so located as to present the least possible interference to the Board's use of the surface area of the land. 2.8. Maintenance. Grantee shall properly maintain all facilities and equipment erected or installed in connection with this easement. The Board may, after written notice to Grantee, so maintain at Grantee's cost upon any failure by Grantee to properly maintain as required hereunder. 2.9. Irrigation Preservation. Grantee understands and agrees that the construction of the said storm sewer outfall, both on Board's property and on property owned by others adjacent to the Board's property, may have an adverse impact upon Board's historic irrigation water delivery system. Therefore, Grantee agrees to take action reasonably required by the Board, and bear all costs associated therewith, to preserve Board's historic irrigation water delivery system. The Board agrees to reasonably cooperate with Grantee's efforts in meeting this requirement. Grantee warrants and represents that said easement has been located as far south on Board's property as is practical from an engineering standpoint, and will remove, at Grantee's cost, the existing cottonwood trees within and adjacent to the easement. 2.10. Increased Burden. The Grantee warrants and represents to Board that this easement and the improvements permitted hereunder and in connection with said regional drainage improvement shall in no way cause any increased burden from off -site water run-off upon contiguous lands of the Board. 2.11. Indemnification. To the extent authorized by law, the Grantee shall indemnify, save and hold harmless the State, the Board, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Grantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 2.12. Compliance with Rules and Regulations. Grantee will comply with all reasonable rules and regulations regarding the use of the land which have been or may be adopted by the Board, to the extent such compliance does not unreasonably interfere with Grantee's use of the land as contemplated in this Agreement. 2.13. Removal of Access Routes and Work Areas. Routes of access to the easement and work areas used for construction, repair, maintenance or removal shall be as few as necessary, and, after completion of any work, Grantee shall destroy and remove them, restoring the land in the manner provided in paragraph 2.6. above. 3. Rights Reserved by the Board. The Board reserves all rights (including mineral rights) in the land described, and the right to occupy and use it for all purposed not inconsistent with the rights granted herein to the Grantee. 3.1. Continuous Use Right of Entry for Condition Broken. This easement is conditional on Grantee's continuous use thereof for the purposed described herein, and if the Grantee shall cease to use said easement for the described purposes, the Board shall have the right to re-enter the said unused premises and terminate this easement by the bringing of an action of ejectment or an equivalent action after having given notice of the Board's election to so terminate in the manner specified in this Agreement. 3.2. Sale Lease or Other Easement. The Board may grant other easements on the land described, so long as Grantee's use of the land described in this easement is not unreasonably impaired. 3.3. Right to Relocate. The Board reserves the right, at its cost, to relocate this easement and any improvements constructed by Grantee hereunder so long as such relocation does not adversely impact the purpose of the easement and the performance of said improvements. 4. Other Terms and Conditions. The parties agree to the following additional terms and conditions: 4.1. Prior Easements. This easement is granted subject to all easements, rights -of -way, and other matters of record, and those previously granted and now in force and effect. The Board makes no warrantees or representations as to matters of title. 4.2. Additional Use or Equipment. Use of the land described herein for any purpose, equipment or facilities not specified herein shall require prior amendment of this Agreement, executed in the same manner as this Agreement. 4.3. Non -Assignability. This easement is not assignable by the Grantee without the Board's prior written consent. 4.4. Successors. Subject to the limitations on assignment set forth in paragraph 4.3 above, this Agreement shall be binding on the parties' legal successors. 4.5. Representatives and Notice. For the purposes of this Agreement, the parties designate the following persons as their representatives and list the following addresses for the delivery or mailing of notices and other communications: Representative for the Grantee: City Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Representative for the Board: Vice President for Administrative Services Room 309 Administration Building Colorado State University Fort Collins, CO 80523 with copy to: General Counsel Administration Building Colorado State University Fort Collins, CO 80523 Any notice required or desired to be given under this Agreement shall be delivered or mailed by certified mail to the addresses listed above. 5. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference, which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provisions rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 6. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seg., (abuse of Public Office) C.R.S. 1973, as amended, and that no violation of such provision is present. 7. The signatories hereto aver that to their knowledge, no State employee has any personal or beneficial interest in the property described herein. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: By: City Clerk APPROVED AS TO FORM: Bye?��As" ant � Attorney "GRANTEE" CITY OF FORT COLLINS, A MuniYipal corporai THE "BOARD" COLORADO STATE BOARD ATTEST: By: L/, .c,z. BY: - �- / Sec etary APPROVED• / U iversity Contracts Advisor STATE OF COLORADO) ) ss COUNTY OF LARIMER) COLORADO AGRICULTURE IrL� .111./i �- - Counsel �7 �The foregoing instrument washn a",cknowledfed before me this day of (%tit. 1993 by ;.fin - ,� "--f- as President, and z Secretary, of he State Board of Agriculture. My commission expires Witness my hand and official seal Nota y Public STATE OF COLORADO) ) ss COUNTY OF LARIMER) f� The foregoing instrument was acknoKledged before me this r� day of i 19914 by -t �_ IC c tj , as ! as City Clerk, of the City of Fort Collins, Colorado. My commission expires ('!' /- C�/� Witness my hand and official seal. —�� Notary Public ,� PaIT A Page ' \ Page 1 of 2 Last Owner of Record: State Board of Agriculture 102 Administration Bldg. Fort Collins, CO 80523 LEGAL DESCRIPTION PERMANENT EASEMENT Beginning at the Southwest Corner of the Southeast One -Quarter of Section 29, Township 7 North, Range 68 West of the 6th P.M. and considering the South line of said Section 29 as bearing North 89° 32' 25" West and with all bearings contained herein relative thereto, thence North 00° 07' 31" West, 1328.27 feet to the Northwest comer of the South One -Half of the Southeast One -Quarter of said Section 29; thence South 89° 28' 52" East, along the North line of said parcel 1295.88 feet; thence North 00° 07' 31" West 15.00 feet to the centerline of the 30.0 foot Permanent Easement said point also being the TRUE POINT OF BEGINNING; thence South 89° 28' 52" East, 1349.65 feet and parallel to said North line to the point of terminus on the East line of said Section 29. Said permanent easement contains 40,490 square feet more or less. LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Beginning at the Southwest Comer of the Southeast One -Quarter of Section 29, Township 7 North, Range 68 West of the 6th P.M. and considering the South line of said Section 29 as bearing South 89° 32' 25" West, and with all bearing contained herein relative thereto, thence North 00 ' 07' 31" West 1328.27 feet to the center South Sixteenth comer of said Section 29; thence South 89' 28' 52" East, along the North line of said parcel 1295.88 feet; thence North 00° 07' 31" West 50.00 feet to the centerline of a 40.0 foot Temporary Construction Easement, said point also being the TRUE POINT OF BEGINNING; thence South 89° 28' 52" East, 1349.65 feet and parallel to said North line to the point of terminus. Said Temporary Construction Easement contains 53,986 square feet more or less. Sheet 1/2 EASEMENT EXHI ;T PARCEL 004 EXHIBIT "A" Page 2 of 2 c Q) E 0 0 ., w y N U[ j cyc E N 3 E 3 O E a PARCEL 902 c (U o and U m p — 40' Temporary0 y ° o Construction Easement Z 0 r 0 Z x NOT TO SCALE S89' 28'_ 52"E I — — 'North Line S1/2, ----- _._._.—._._._._._ ._. j Section 29 30' Permanent Easement S89' 28' 527E 1,295.88' co I NW Car. S1/2 SE1/4 Sec. 29 n I j NE Car. S1/2 SE1/4 Sec. 29 3 j o I a o I z j I j SE Cor. Sec. 29 WN, R68W j S 1/4 Car. Sec. 29 j T7N, R68W I N89'32' 25'W 2,646.76 _.—.—.—.—.—.—.—.—._.—.—.—.—.—.—._.—.—.—.�.--._.—.—.—.—._.. Horsetooth Rd. Project No. 021.011 Owner: State Board of Agriculture Parcel No. 9UY LBy: Meline & Irelan Inc. Fort Collins, Colorado (303) 226-2,513 Sheet 2/2 Illlllllllr"'lllllllllllllllllllllllll #1305Li SCOTT DOYLE, RECORDER, LRRIMER COUNTY CO RCPTN# 2003-0040979 04/04/2003 10:15:00 PAGES - 6 FEE $31.00 DOC $0,00 DEED OF DEDICATION FOR EASEMENT (Rigden Farm 91 - Slope Easement) 4�--)o-�-'-0" STATE DOCUMENTARY FEE EXEMPT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RIGDEN FARM, LLC, a Colorado Limited Liability Company, 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, the mailing address of which is Post Office Box 580, Fort Collins, Colorado 80522-0580, for public use, forever, a non- exclusive, permanent slope easement over, across and upon the real property legally described on Exhibit "A-1" and depicted upon Exhibit "A-2" attached hereto and incorporated herein by reference. The above described easement shall grant to the City of Fort Collins the perpetual right to enter upon said easement at any time and to place adequate soil to provide and maintain lateral support and proper drainage grade for public improvements along Drake Road consisting primarily of paving, curb, gutter and sidewalk construction. The City, its successors, contractors or assigns, and its agents and employees, shall have full right to enter upon said easement to survey, construct, repair, remove, replace, reconstruct, inspect, improve and maintain a suitable slope or grade which will provide the above - mentioned lateral support and proper drainage grade, provided, however, that the ground surface shall be restored to its prior condition after disturbing the same. 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 thiIr s day of 3L\� 2002. e11> Rigden Development, LLC 1027 West Horsetooth Rd, Suite 200 Fort Collins, Co 80526 (HF&M 04/03/02) RIGDEN FARM, LLC, a Colorado Limited Liability Company By: Sierra Resources Corporation, a Colorado Corporation, Manager BY �� David J. Pi pol, President By: Wolverine Management Group, Inc., a Colorado Corporation, Manager B Fred L. Croci, President — Ci T `Y CLERV 0 FOR r CCU._., The temporary construction easement shall terminate 30 days after completion of improvements, but in no event shall it exist beyond December 31, 1994. During such construction, the City shall at all times provide reasonable access to the Board's property. 2. Agreement of City. City agrees to the following: 2.1. Survey. The City agrees that all documents, plats and descriptions as are attached hereto as exhibits are the result of surveys engaged by the City at its sole expense for the purpose of surveying the boundaries for this easement, and the Board assumes no responsibility for the accuracy of such survey obtained by the City nor for damages resulting from inaccuracies. 2.2. Environment and Character of Land. Any work or activity undertaken by the City in connection with this easement shall be so planned, designed and carried out as to interfere as little as reasonably possible with the character, appearance, and potential development of the land and the surrounding environment, including its aesthetic character. It is understood and agreed that the storm sewer line to be installed under this easement shall be sub -surface only and shall not include facilities or equipment above the surface, except as provided in paragraph 2.7 below. 2.3. Drawings and Specifications. Drawings and specifications for any work or construction contemplated in this easement shall be submitted to the Board or its representative for approval prior to commencement of any work. 2.4. Consent for Work. Except in cases of emergency, the City shall obtain the prior consent of the Board or its representative before undertaking any work or activity upon the land encumbered by this easement. Such consent shall not be unreasonably withheld. All access routes to the land described for the City's construction, repair, operation or maintenance of the facilities or equipment constructed or erected in accordance with this easement shall be via a route or routes reasonably designated by the Board. 2.5. Costs to be Borne by City. All costs incurred in connection with any work, construction, restoration, maintenance, facilities or equipment contemplated in this Agreement shall be borne entirely by the City. 2.6. Restoration. After completion of any work undertaken in connection with this easement (whether the work involves original construction or later repair, maintenance or demolition), the City shall restore the and any improvements thereon to the condition immediately prior to such work. 2.7. Surface Structures. The City shall have the right to install incidental surface structures and devices reasonably Pj STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Tl e foregoing instrument was acknowledged before me this /dIlay of 2002, by David J. Pietenpol, as President of Sierra Resources C—Rporatiofn, a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission ex w :'tyOTARY '•. } PUBLIC.Z& -vim • . ;.a� r-, STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) he foregoing instrument was acknowledged before me this 16�4day of (J 2002, by Fred L. Croci, as President of Wolverine Management Gro , In . a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission L10TARY ` �1 PUBLIC iQ ota lic • •A ^ ' (HF&M 04/03/02) 2 3 CONSENT AND APPROVAL BY LIENHOLDER The undersigned, being the owner of a Deed of Trust encumbering the above - described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this i1 day of b fG�m P)6 � 200 L . BANK OF COLORADO By ' Name itle STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acl jowledged befp`� me this I LT day of P,+n�A , 200 a , by U" • as ��t of BANK OF COLOR O. WITNESS my hand and official seal. My commission expires: `( P KIM ' DEI ...........;�� my camllie.i Exp res Sept 29. 20"` (Hr&M 12/11/02) q---I'c(,:5, u lic 9 ' p—of Fert--Ce�ir�ss—Ealei-�le;--orr�he----da}'—�€ —GityGIerk--- ATTORNEY'S CERTIFICATION I hereby certify that the foregoing Deed of Dedication for Easement 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 Use Code. H. FONFAOA, Attorney Address: Hasler, Fonfara and Maxwell LLP 125 S. Howes, 6"' Floor Fort Collins, CO 80521 Registration No. 6586 This Deed of Dedication is accepted by the Director of Community Planning and Environmental Services pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this ''<CA� day of 1%tkwa , 200 3. ' City Glerk (HF&.M 04/03/02) ameron Gloss As delegee for the irector of Community Planning and Environmental Services 4 LEGAL DESCRIPTION SLOPE EASEMENT A SLOPE EASEMENT OVER AND ACROSS A PORTION OF THE NORTHEAST ONE QUARTER OF SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF PORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINK OF THE NORTHEAST ONE -QUARTER OF SECTION 29, BEING MONUMENFED AT THE WEST END BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR S89026'35"E A DISTANCE OF 2641.51 FEET EETWEEN SAID MONUMENTS. COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 29, THENCE S89026'35"E ON THE NORTH LINE OF SAID NORTHEAST ONE -QUARTER A DISTANCE OF 101.68'; THENCE S00033'25"W A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING, SAID POINT' BEING ON TILE SOUTHERLY RIGHT OF WAY LINE OF DRAKE ROAD; "THENCE S89026'35"E ON SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 556.74 FEET, TO A POINT ON A CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, ON SAID SOUTHERLY RIGHT OF WAY LINE HAVING A DELTA OF 07032' 15", A RADIUS OF 1608.00 FEET, A DISTANCE OF 211.54 FEET, THE CHORD OF WINCH BEARS S85040'27"E A DISTANCE OF 211.39 FEET TO A POINT AT THE IN'1"ERSECTION OF THE SOUTHERLY RIGHT OF WAY OF DRAKE ROAD AND THE EASTERLY LINE OF RIDDEN FARM FILING 1. THENCE S07009'01"W ON SAID EASTERLY LINE OF RIGDEN FARM FILING 1 A DISTANCE OF 36.47 FEET; 'I HENCE N86008'12"W A DISTANCE OF 69.26 FEET; Tl IENCE N65046'05"W A DISTANCE OF 56.55 FEET; I IIENCE S82032'20"W A DISTANCE OF 164.29 FEET; ]*HENCE N84045'57"W A DISTANCE OF 325,49 FEET; THENCE N87053'35"W A DISTANCE OF 170.53 FEET, TO A POINT ON A CURVE, SAID POINT BEING ON "I HE EASTERLY RIGIIT OF WAY LINE OF RIDDEN PARKWAY; 'I BENCE ON THE ARC OF A CURVE TO THE RIGHT ON SAID EASTERLY RIGIIT OF WAY LINE HAVING A DELTA OF 90040'50", A RADIUS OF 15.00 FEET, A DISTANCE OF 23.74 FEET, THE CHORD OF WHICH I BEARS N45013'00"E A DISTANCE OF 21.34 FEET; TO THE POINT OF BEGINNING;, CONTAINING A CALCULATED AREA OF 23,618 SQUARE, FEET Olt 0.542 ACRES. . I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HER ' THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARE IARE%,(T PONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFOI2MA'FION. _ RitL1TS•'..A�24. eenr� I/ DAVID P. ROBE, NfZF `SLO ANll SURVEYOR COLORADO II pS FOR AND ON THE NGIPIEERING, LLC, MIS LEGAL DESCRIPTION DOF,S NOT CONSTITU7"E A THE SEARCH RYJR ENGINEERING RJ DE7rl?A71NE OfNERS111P OF 7711S TRACT OR VERIFI' FA,SFAfENT,S OF RECORD, JR ENGINEERING AND 771E SURVEYOR OF RECORD 45suuFs NO RE'SPONSIBILI7Y 1 OR OO'NER.SHIP IZIGH7:7 OR EXISTING EASEAIENT R1G11TS AND REC'OAfAfEND,Y CONSUI,TA7lON 117771 AN ATTORNE 1: X:\7910000.4I1U916414\Legals\Legals fi111\916414LGLK.doc Page I of I Exhibit "A -I" IJ m q NKO m 60to j�a 1 m � K �W 4`� I V 5 U Q 0 A A a ¢ I In m V Lj z K 0 11 to rc N K O Z F F U N x O IJ m L) to 0 z U Y Z K K Vl N Ir¢a 3 MO Z O O ON U U m Y O a iz O0 ao m 4 3 o 1- nl � Ow M b a;J'a AVM>18Vd "- N�aJIN N M N It K J YI z �)NOY IIVYVY N30.9/8 5-P'N1016lb916\Iou!J slo6a l\slo6al\ z m r� W z z Wz zo W � 4 a w � b W n• rn y ~-c WJ vo wz Ow. �II W IX i Odm O N p O N N O Q C) (n 0 CD O N MI Y W v Z S O Boa I - Z W 0 Q iz Z w > O Z 0 IT 0 O 7 W I = NOp U � 0 O U <ZOW ¢ W W O Oho D Z Q Z U O g Z ti 0 z :% 31IJ '69'11 31JU '10/CZ/I1 31V0 '001=1 31VDS 101d Exhibit "A-2" 111111111111i11lillllllllllllllllllllIII #13050c+ - c',z SCOTT DOYLE, RECORDER, LARIMER COUNTY CO RCPTN# 2003-0040980 04/04/2003 10:15:00 PAGES - 6 FEE $31 .00 DOC $0.00 DEED OF DEDICATION FOR EASEMENT (Rigden Farm #2 - Public Access) KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RIGDEN FARM, LLC, a Colorado Limited Liability Company, 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, the mailing address of which is Post Office Box 580, Fort Collins, Colorado 80522-0580, for public use forever a non- exclusive, permanent public access easement over, across and upon the real property legally described on Exhibit "A- I" and depicted upon Exhibit "A-2" attached hereto and incorporated herein by reference. The above described easement shall be used for public access, excluding, however, motor vehicles thereon. 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 10i-' day of -'U\y 12002. c10 Rigden Development, LLC 1027 West Horsetooth Rd, Suite 200 Fort Collins, Co 80526 RIGDEN FARM, LLC, a Colorado Limited Liability Company By: Sierra Resources Corporation, a Colorado Corporation, Manager By David J. Pie n ol, President By: Wolverine Management Group, Inc., a Colorado Corporation, Manager By c��, C�c Co%l.d Fred L. Croci, President (HF&M 04/03/02) CC TY CLF7K STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this a(,day of (J , 2002, by David J. Pietenpol, as President of Sierra Resources CoVoratior47, a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission ewe ,o, o NOTARY•: � �G T •PUBLIC :o Notary lic STATE OF COLORAD ss. COUNTY OF LARIMER ) T e foregoing instrument was acknowledged before me this joay of , 2002, by Fred L. Croci, as President of Wolverine Management Groilp, In ., a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. 1 1w Mycommissio si••., c y r NOTA�y PUBLIC :' 010 yT.• •oo,> Not ublic F�F nni Ov.P �� (HF&M 04/03/02) 2 CONSENT AND APPROVAL BY LIENHOLDER rI The undersigned, being the owner of a Deed of Trust encumbering the above - described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this 1 �j day of 'OccOm(6EQ , 200 2-. STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) BANK OF COLORV/A9DO By4itle The foregoing instrument was acknowledged before me this hj day of Ge cY.1C�P >' 200 a , by W . as of BANK OF COLORAD . WITNESS my hand and official seal. My commission expires: Q- 2Y P " KIM DEI _, ....."':A AAy Conxnisswi. �. ,, .•s Sept. 2Q 200� (HF&M 12/11/02) 3 — 0(0 1 n riTccG P i c9—bj--tlte—.Gi+y—Of---FOPL— 101 , ATTORNEY'S CERTIFICATE I hereby certify that the foregoing Deed of Dedication for Easement 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. Y., /'0 //, a , 7OSEPH H. FONFARA, Attorney Address: Hasler, Fonfara and Maxwell LLP 125 S. Howes, 6`h Floor Fort Collins, CO 80521 Registration No. 6586 This Deed of Dedication is accepted by the Director of Community Planning and Environmental Services pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this _ day of vva , 200,.?. f Cameron Gloss As delegee for he Director of Community Planning and Environmental Services TTEST: T�it}� C}erk; (HF ,M Q51VIP) 4 OKI LEGAL DESCRIPTION PUBLIC ACCESS EASEMENT A PUBLIC ACCESS EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHEAST ONE QUARTER OF SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF TIIE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, SPATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: TIIE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 29, BEING MONUMENTED AT THE WEST END BY A 3" ALUMINUM CAP STAMPED "RA BR4DSHAW" 1N A RANGE BOX, AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR S89°26'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 29, TIIENCE S89026'35"E ON THE NORTH LINE OF SAID NORTHEAST ONE -QUARTER, A DISTANCE OF 10 1.68 FEET; TIIENCE S00033'25"W, A DISTANCE OF 42.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF DRAKE ROAD AND TIIE POINT OF BEGINNING; TI IENCE S89026'35"E ON SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 271.75 FEET; TI IENCE S00033'25"W, A DISTANCE OF 4.00 FELT; 'II IENCE N89026'35"W PARALLEL WITH SAID RIGHT OF WAY, A DISTANCE OF 281.95 FEET, TO A POINT ON A CURVE, SAID POINT BEING ON THE RIGHT OF WAY OF RIGDEN PARKWAY; THENCE ON THE ARC OF A CURVE TO THE RIGHT, ON SAID RIGHT OF WAY, RAVING A DELTA OF 42°50'00", A RADIUS OF 15.00 FEET, A DISTANCE OF 11.21 FEET, THE CHORD OF WHICH BEARS N69008'25"E, A DISTANCE OF 10,95 FEET, TO TIIE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,115 SQUARE FEET I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HERE TATE THAT TIIE ABOVE LEGAL DESCRIPTION AND ATTACHED I;XIlB31'I- WERE 1' ER MY RESPONSIBLE CHARGE AND ONTHE BASIS OF MY KNOWLEDGE, a D BELIEF, ARE CORRECT. cy� 202 2 7 iU0 Ii o / DAVID I'. RO �a� PROFES LAND SURVEYOR COLORADOP ``12R2S••''� FOR AND ON TI LAQ ENGINEERING, LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR Ek7STING EASEMENTRIGHTS AND RECOMMENDS CONSULTATION 4V11I1 AN ATTORNEY. X:\3910000.2IN916414\LegalslLegals rinal%916414LGLL(loc Page I of I Exhibit "A-1" required for the installation and operation of the underground sanitary sewer line. All such structures or devices shall be so located as to present the least possible interference to the Boards use of the surface area of the land. Provided, however, that the City's right to install incidental surface structures hereunder shall not impair the use of the easement for an access road. 2.8. Maintenance. The City shall properly maintain all facilities and equipment erected or installed in connection with this easement. The Board may, after written notice to the City, so maintain at the City's cost upon any failure by the City to properly maintain as required hereunder. 2.9. Indemnification. To the extent authorized by law and Article V, Section 16 of the Fort Collins City Charter, the City shall indemnify, save and hold harmless the State, the Board, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the City, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 2.10. Compliance with Rules and Regulations. The City will comply with all reasonable rules and regulations regarding the use of the land which have been or may be adopted by the Board, to the extent such compliance does not unreasonably interfere with the City's use of the land as contemplated in this Agreement. 2.11. Removal of Access Routes and Work Areas. Routes of access to this easement and work areas used for construction, repair, maintenance or removal shall be as few as necessary, and, after completion of any work, the City shall destroy and remove them, restoring the land in the manner provided in paragraph 2.6. above. 3. Rights Reserved by the Board. The Board reserves all rights (including mineral rights) in the land described, and the right to occupy and use it for all purposed not inconsistent with the rights granted herein to the City. 3.1. Continuous Use, Right of Entry for Condition Broken. This easement is conditional on the City's continuous use thereof for the purposed described herein, and if the City shall abandon this easement for the described purposes, the Board shall have the right to re-enter the said unused premises and terminate this easement by the bringing of an action of ejectment or an equivalent action after having given notice of the Board's election to so terminate in the manner specified in this Agreement. 3.2. Sale, Lease or Other Easement. The Board may grant other easements on the land described, so long as the City's use of the land described in this easement is not unreasonably impaired. 3 ms § k \}/ ` ] ® �ƒ ) �® \/ \ �\ kK 2 »} . v»® f§ oIX / 2§ %§ \ ¥-j < q/ m! * . @ ��� Q eI \ § \ 2k(\ . ,! ( . . b � . . S G \ \ . + it \ \/ § }�k o 0 e \ \ § �. � /� \ o / ©©° Ld c O}\ §, \\\ ` \ - ` z ) a)± . - <ZOW Wwn RMBK %¥#� ¥d \0ztd \\®/�, a a . . R _ } z � Z«Y 1118V Z» . ® � m. ,O0O a%Ax m x a 3mil'10IL m,a,mm +s jol. r\0(-) :!)— U`y #130510 SCOTT DOYLE, RECORDER, LARIMER COUNTY CO RCPTN# 2003-0040981 04/04/2003 10:15:00 PAGES - 9 FEE $46.00 DOC $0.00 DEED OF DEDICATION FOR EASEMENT (Rigden Farm #3 - Public Access) KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RIGDEN FARM, LLC, a Colorado Limited Liability Company, 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, the mailing address of which is Post Office Box 580, Fort Collins, Colorado 80522-0580, for public use forever a non- exclusive, permanent public access easement over, across and upon the real property legally described on Exhibit "A- I" and depicted upon Exhibit "A-2" attached hereto and incorporated herein by reference. The above described easement shall be used for public access, excluding, however, motor vehicles thereon, except for motorized maintenance vehicles which shall be permitted. 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 )fit" day of -:iAj 12002. RIGDEN FARM, LLC, a Colorado Limited Liability Company By: Sierra Resources Corporation, a Colorado Corporation, Manager By David J. P#nfiol, President By: Wolverine Management Group, Inc., a Colorado Corporation, Manager ��leX Fred L. Croci, President c1c Rigden Development, LLC 1027 West Horsetooth Rd, Suite 200 Fort Collins, Co 80526 (HF&M 06/07/02) Aa STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) he foregoing instrument was acknowledged before me this 10day of 2002, by David J. Pietenpol, as President of Sierra Resources Corporation, a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission STATE OF COLORAL ) ss. COUNTY OF LARIMER ) he foregoing instrument was acknowledged before me this L day of 2002, by Fred L. Croci, as President of Wolverine Management Gr6uV Inc., a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal P.�l WR�G c�GU�i My commissi wire�g" •. NOTARY•': s PUBLIC v ' • o°�r� N Public (HF&M 06/07/02) 2 CONSENT AND APPROVAL BY LIENHOLDER The undersigned, being the owner of a Deed of Trust encumbering the above - described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this day of 200 BANK B Y Narr STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) C LORADO The foregoing instrument was acknowledged before me this 1' 'day of I:>-,r— Lr(- , 200;k , by CCjd�-A W . (—W I rne(— as 7pje i 6.L4-,,-t of BANK OF COLORA 0. WITNESS my hand and official seal. My commission expires: YrCaeeloion Expires Sept (HF&M t2/11/02) q= —ao 3 k£EEPffED UY the �itY of-mart--C—ollirts —.a-Municipal-CorporafiGn- --C-rtyClerk— ATTORNEY'S CERTIFICATE I hereby certify that the foregoing Deed of Dedication for Easement 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. J EPH H. FONF Attorney Address: Hasler, Fonfara and Maxwell LLP 125 S. Howes, 6`h Floor Fort Collins, CO 80521 Registration No. 6586 This Deed of Dedication is accepted by the Director of Community Planning and Environmental Services pursuant to Section 2.1.5 of the Land Use de of the City of Fort Collins this IWYday of -v 200;. T, ; ap ri �Y `. CityClerk (HF&M,,06707/02) E1 Cameron Gloss As delegee for thi Director of Community Planning and Environmental Services 0 LEGAL DESCRUMON PUBLIC ACCESS EASEMENT A 20.00 FOOT WIDE STRIP OF LAND LYING WITHIN TRACT J OF THE PLAT OF RIGDEN FARM FILING 1, RECEPT.ION NO. 99090056 RECORDS OF LARIMER COUNTY, LOCATED IN SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BASIS OF BEARINGS: THE LINE BETWEEN THE SOUTH EAST CORNER OF RIGDEN FARM FILING 1 AND AN ANGLE POINT ON THE SOUTHERLY LINE OF RIGDEN FARM FILING 1 BOTH BEING MONUMENTED BY A 45 REBAR AND 1 112" ALUMINUM CAP STAMPED "LS 24307, JR ENG". BEARS N89055'04"W A DISTANCE OF 126.60 FEET AS SHOWN ON SAID PLAT, COMMENCING AT THE SOUTHEAST CORNER OF RIGDEN FARM FILING 1 OF SAID PLAT ALSO THE EAST RIGHT OF WAY OF CHASE DRIVE; THENCE N89055'04"W A DISTANCE OF 63.00 FEET TO A POINT ON THE WEST RIGHT OF WAY OF CHASE DRIVE; THENCE N00007'30"W ON SAID WEST RIGHT OF WAY, A DISTANCE OF 37.80 FEET TO THE POINT OF BEGINNING; THENCE S89052'30"W A DISTANCE OF 19.83 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 43"34'53" A RADIUS OF 96.58 FEET, A DISTANCE OF 73.46 FEET, THE CHORD OF WHICH BEARS N70036'52"W A DISTANCE OF 71.71 FEET TO A POINT OF REVERSE CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 71 "52'14", A RADIUS OF 145.00 FEET, A DISTANCE OF 181.88 FEET, THE CHORD OF WHICH BEARS N84°45'33"W A DISTANCE OF 170.19 FEET TO A POINT OF REVERSE CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 03030'08" A RADIUS OF 395.00 FEET, A DISTANCE OF 24.14 FEET, THE CHORD OF WHICH BEARS S61°03'24"W A DISTANCE OF 24.14 FEET TO POINT "A"; THENCE CONTINUING ON SAID CURVE TO THE RIGHT HAVING A DELTA OF 29023'50" A RADIUS OF 395.00 FEET, A DISTANCE OF 202.67 FEET, THE CHORD OF WHICH BEARS S77030'23"W A DISTANCE OF 200.45 FEET TO POINT "B"; THENCE CONTINUING ON SAID CURVE TO THE RIGHT HAVING A DELTA' OF 17023'11" A RADIUS OF 395.00 FEET, DISTANCE OF 119.86 FEET, THE CHORD OF WHICH BEARS N79006'06"W A DISTANCE OF 119.40 FEET TO A POINT OF TANGENT; THENCE N70024'31"W A DISTANCE OF 89.46 FEET TO POINT "C"; THENCE CONTINUING N70024'31"W A DISTANCE OF 50.95 FEET TO POINT "D"; THENCE CONTINUING N70024'31"W A DISTANCE OF 20.17 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 16"47'47" A RADIUS OF 405.00 FEET, A DISTANCE OF118.73 FEET, THE CHORD OF WHICH BEARS N62000'37"W A DISTANCE OF118.30 FEET TO A POINT OF TANGENT; THENCE N53036'43"W A DISTANCE OF 10.77 FEET TO A POINT OF CURVE; X:\3910000.alM9164121LegaIs\LXl.legal doc.doc Last Printed 6/7/2002 7:56 AM EXHIBIT "A-1" T THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 51"59'15" A RADIUS OF 205.00 FEET, A DISTANCE OF 186.01 FEET, THE CHORD OF WHICH BEARS N79°36'21"W A DISTANCE OF 179.69 FEET TO A POINT OF TANGENT; THENCE S74024'07W A DISTANCE OF 114.41 FEET TO A POINT ON CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 33011'25" A RADIUS OF 200.00 FEET, A DISTANCE OF 115.86 FEET, THE CHORD OF WHICH BEARS N89°00'16"W A DISTANCE OF 114.24 FEET TO A POINT OF REVERSE CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 13050'25" A RADIUS OF 495.00' FEET, A DISTANCE OF 119.57 FEET, THE CHORD OF WHICH BEARS-N79-19'45"W A DISTANCE OF 119.28 FEET TO A POINT OF TANGENT; THENCE N86014'58"W A DISTANCE OF 8.57 FEET TO THE EAST RIGHT OF WAY OF RIGDEN PARKWAY AND THE POINT OF TERMINUS; THE SIDELINES OF SAID 20.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND BEGIN AND TERMINATE AT SAID RIGHTS OF WAY. TOGETHER WITH, A 20.00-FOOT WIDE STRIP OF LAND 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "A"; THENCE N27013'32"W A DISTANCE OF 41.79 FEET TO THE SOUTH RIGHT OF WAY LINE OF DES MOINES DRIVE AND THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND BEGIN AND TERMINATE AT SAID RIGHTS OF WAY. TOGETHER WITH, A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "B"; THENCE S02010'38"W A DISTANCE OF 13.34 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 03033'09" A RADIUS OF 90.00 FEET, A DISTANCE OF 5.58 FEET, THE CHORD OF WHICH BEARS S03057112"W A DISTANCE OF 5.58 FEET TO A POINT OF TANGENT; THENCE S05°43'47"W A DISTANCE OF 14.70 FEET TO THE SOUTH LINE OF RIGDEN FARM FILING 1 AND THE POINT OF TERMINUS, THE SIDELINES OF SAID 20.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND BEGIN AND TERMINATE AT SAID RIGHTS OF WAY AT SAID SOUTH LINE. TOGETHER WITH, A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: X:13910000.aIM916412\LegalslLXl.legal doc.doc Last printed 6n/2002 7:56 AM I BEINNING AT SAID POINT'C'; THENCE N18"00'33"W A DISTANCE OF 27.79 FEET TO POINT "E'; THENCE N450OT06"E A DISTANCE OF 47.93 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF DES MOINES DRIVE AND THE POINT OF TERMINUS. THE SIDELINES OF SAID 20,00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND BEGIN AND TERMINATE AT SAID RIGHTS OF WAY. TOGETHER WITH, A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "D"; THENCE N76639'52'E A DISTANCE OF 40.50 FEET TO POINT "E" AND THE POINT OF TERMINUS; THE SIDELINES OF SAID 20.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND BEGIN AND TERMINATE AT SAID RIGHTS OF WAY. CONTAINING A CALCULATED AREA OF 0.714 ACRES (31,124 SQUARE FEET). LEGAL DESCRIPTION STATEMENT I, DAVID P. ROBERTS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE T BOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY RRQA MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY 14NCWA,EDGE, 8 BELIEF, IS CORRECT. COLORADo N 5 TE; AND SURVEYC FOR AND ON B >ebF; , iNEERING LLC THIS LEGAL DESCRIP77ONDOESNOT CONSTITUgBA TITLE SEARCHBYJR ENGINEERING TO DETERMINE OWNERSHIP OFTHIS TRACT OR VERIFYEASEMENIS OF RECORD. JR ENGINEERING AND THE SURPEYOR OF RECORD ASSUMES NO RESPONSBILITYFOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHZSAND RECOMMENDS CONSULTATION WTTHANATTORNEY. XA3910000.all\3916412\Legals\LX].legal doc.doc Last pnnted 6n12002 7:56 AM PCOT SCALE 1m50, DATE 06/07/01, TII )9:32, FILE X:\3910000.all\3915412\Drowii , �LEGAL5\LXI.dwg 2 N7. Grl N j W NO RQl�1 444AAA � J 4CJ pp 9 o QWQP O O 0pp OJ0pg0 Ow m c'fv �p play P,ci' Zl _ z C (_: �y yy�yJzC y yn m r 14N r*f m Enig ni �% 07 [{�,I � �I{{{yV���1 p UJOII N p /m,7 bl Op O�y .l�pl OIY O� Al�j, !(A�j W �, m� r r rri VT �i m z D Z C q m M m o z O8d � -U 0 V) 0:2 � C-) 4 mza D D O �zv� m m p D a m ({+ w u v (L0 N �.1 ((g� VIN NN W App$ O Oa O O i 0 01 N v 2 ! A m cnoo-oti =;7DA;7 mn�00-v mm CCO �.. o n r C) Z z on n m JLm[_D ZI M N OWQ(D m �� [p1 N j Z pm in m m M a M MATCHLINE SEE SHEET 2 �p arrc zD n OD �m �a ao 0 1n C) D r m II O EXHIBIT "A-2" PCOi SQAE 1-50, DATE 06/07/01, TII, 09:32. FILE X: \3910000.a11\3916412\Drawly, . \LECALS\LXI,dwg y z 0 -a m Fz$� 2 O (N rrT1 D V) -% _AT 0 a Z v () �mGa zm <z SO DC7;u --4-4 j T D .7u n � x o�z n m K O -D MF F9 C7 �o er�nn N � 44 m 0 CO m V D A A n m z z 0 c> 0 N n D v (n O O -0 -O 2 Z D 7u ;0 r`1 n�00 rn c. c- C --i .. r•1 m m nn r m --A --A C7 z z 0 n > m n • rn N L (7) (O ."D N CUJ O N O m D N JON Z 1n Fri D m MATCHLINE SEE SHEET 1 3 1� I I Z :lu V1\l z u �` W A J O m 0 z o F l m W \�4 Z \ \ g �(P >it O U *SOO'04'56" W �01p oz '(P ss.ta'w io w �a a _ ,... tl. ➢ a m 1 Iw '�• !^1 l!I w ' A fit,• 'J U v! �n �37.8 OHLOd �n\a0 �gd m D� z u' OZ vo p 0 L O N O z W O 0 Z ti 0 m n 0 z O z i Z O m z m z H Ln n D m rn II O O The Board may sell or lease the land described herein so long as any such sale or lease is made subject to this easement and Agreement. 3.3. Right to Relocate. The Board reserves the right, at its cost, to relocate this easement and any improvements constructed by the City hereunder so long as such relocation does not adversely impact the purpose of the easement and the performance of said improvements. 4. Other Terms and Conditions. The parties agree to the following additional terms and conditions: 4.1. Prior Easements. This easement is granted subject to all easements, rights -of -way, and other matters of record, and those previously granted and now in force and effect. The Board makes no warranties or representations as to matters of title. 4.2. Additional Use or Equipment. Use of the land described herein for any purpose, equipment or facilities not specified herein shall require prior amendment of this Agreement, executed in the same manner as this Agreement. 4.3. Non -Assignability. This easement is not assignable by the City without the Board's prior written consent. 4.4. Successors. Subject to the limitations on assignment set forth in paragraph 4.3 above, this Agreement shall be binding on the parties' legal successors. 4.5. Representatives and Notice. For the purposes of this Agreement, the parties designate the following persons as their representatives and list the following addresses for the delivery or mailing of notices and other communications: Representative for the City: City Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Representative for the Board: V i c e President f o r Administrative Services Colorado State University Fort Collins, CO 80523 with a copy to: General Counsel Colorado State University Fort Collins, CO 80523 Any notice required or desired to be given under this Agreement shall be delivered or mailed by certified mail to the addresses listed above. 4 DEED OF DEDICATION FOR EASEMENT v a� a n� " a — m— N Z � TL - I ..N� KNOW ALL MEN BY THESE PRESENTS: That the undersigned grantor, — being the sole, legal and record owner of that certain parcel of real property in Larimer m ��' ' County, Colorado, legally described as Tract B, Rigden Farm Filing One, City of Fort Collins, County of Latimer, State of Colorado (the "Property"), for and in consideration _ of Ten and No/100ths Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a municipal corporation (the "City"), o (4 whose mailing address is c/o Engineering Department, 281 N. College Avenue, Fort 0 40►_ Collins, Colorado 80521, a non-exclusive, perpetual, public utility easement in, over, 0406 across, and under the portion of the Property that is legally described on Exhibit "A" and depicted on Exhibit `B", and a non-exclusive, perpetual, public emergency access A 3 ti casement in, over, and across the portion of the Property that is legally described on 1f m B N A o Exhibit "C", and depicted on Exhibit "D", all of which Exhibits are attached hereto and m N o incorporated herein by this reference. N w z m It is understood by the undersigned that, by acceptance of this Deed of Dedication n m 0 x for Easement, the City does not accept the duty of maintaining said easements. This Deed of Dedication for Easement shall constitute the entire agreement between the grantor and the grantee hereof, and any prior understanding or representation of any kind preceding the date of this Deed of Dedication for Easement shall not be binding on the parties, except to the extent expressly incorporated herein. Any subsequent amendment to the easements granted in this Deed of Dedication for Easement shall be valid only if executed in writing and signed by the parties, their heirs, successors and/or assigns. Witness the undersigned grantor's hand and seal this ?z.t,,.tday of 200 4 . H�1 T ` (W&P, P.C.-1/16/04) Grantor: Seven Oaks Academy of Loveland, Inc., a Colorado corporation By: r4'/ Larry Neal Title: President CITY CLERK 1 ,� -"t' 7 OOLUNS US ATTEST: try: Ronald S. Faillaci Title: Secretary [CORPORATE SEAL] State of Colorado ) ss. County of-La� ) The foregoing instrument was acknowledged before me this �k day of S you 200Ll by Larry Neal, as President of Seven Oaks Academy of LovelanInc',c aI Colorado corporation. Witness my hand and official seal. My commission expires: otary Public/ State of ss. County of LYS�F COLUCammiasbn E P.: Od. 2, 2CJ4 The foregoing instrument was acknowledged before me this ��>� day of SQL.,<c z;, , 200 4 by Ronald S. Faillaci, as Secretary of Seven Oaks Academy of "veland, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Publid (W&P, P.C.-1/16/04) [ ]N THO%JPSON NOTARY PUBLIC STATE OF COLORADO MY Commission E Oct 2,,'2G j4"' �.cpires Oct. 2, 2094 -2- EXHIBIT "A" PROPE Z"[ rY 151SC�RIPTION JUtility Easement A parcel of land being part of Tract "B", Rigden farm Filing; One as recorded October 14, 1999 :is Reception No. 0099090056 of the records of' tile Larimer County Clerk and Rccordcr (LC'Clt) and also being pall of Section Twenty-nine (29), Township Scven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (61' P.M.), City of Dort Collins, County of Larimcr, State ofColorado and being more pnrliculnrly described as Bellows: COMMENCING at the Southeast corner of said'I'racl "B" and assuming file last line of said Tract "B" as bearing North 00°00'01" Bast, a distance of 260.00 feet with all other bearings contained herein relative thereto: THENCE North 00000'01" Gast along said East line a distance of 1 14. I6 feet; THENCE North 89°50'52" West a distance of 14.50 feet to the West line of a Utility Easement (UB), said point being the POINT OF BEGINNING; TIIBNCL North 89050'52" West a distance of 149.35 feet; THENCE South 00009'08" West a distance of 53.50 feel; TI(LNCE North 89°50'52" West a distance of 3I.17 feet; TI I 1"NCE North 00°09'08" Gast a distance of 20.00 feel; TI ILNCF South 89°50'52" East a tlistancc of 11.17 reel; Tl ILNCI' North 00°09'08" Gast a distance of 57.50 feet; TI11?NCL South 89°50'52" Gast a distance of45.00 feet; TIIHNCE South 00,09,08" West a distance of4.00 feet; TI113NCE South 89°50'52" Last a distance of 90.18 feet; TI Il:NCI? North 45°09'08" Last a dislancc of"20.08 feet; fl IIiNCG South 89�50'S2" Bast a distance of 19.88 feet to said West line of said UE; TI ILNCH South 00°00'01" West along said West line a distance of 34.20 feet to the POINT OF BEGINNING. Said parcel contains 5,243 sq. ft. more or less (±), and is subject to any rights -of --way or other casements 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 Qqusot al supervision and checking, and that it is true and correct to the best of my knowledge fit It[tq ,r l 'v"�.'�' is ,', • �,<<.1`� Law IC Pepck �'. •'�J .. C . e o Registered Professional SipNnLv.. < Land Surveyors'/33642 ICING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 JN:2003320-A 1,:\2003320-A\UT1 Lll'Y-ES MT-LGGA L-DGSC.doc Last primed 11/25/2003 1:42 I'M UIILH'r EASEMENT EXIITll1:'I' I'll" ,�DL`:N I ARM FILING 1 -1 PAC 1 SEC. 29, T.7N., R.68W. crlsrr'li"O '"W1 --------------------- I RACI' B RIGDEN I-AIZM FILING ONE REC. NO. 009909005E N I I I L7 L9 1-1 S89'50'52"E /S89'50'52"E 90.13, 45.00' w 5,243 SQ. FT. I 3 O I O b. iO N89'50'S2"W 149.35 raNT of BEGINNING p _ 1 I Z 00 1 m Lq I LB N Z p o p o I I � L4 I I ------------------------------------------------------- I I I I I I I LINfi "I'A II LI: LINI; III ARING 1-I:NGTFI — 13 N89'50'52"W 14_"5o, L4 NB9'50'52"W 31.17' L5 NOO.09.OB"E 20.00' L6 S89-5W52"E 11.17' L7 S00'09'08"W 4.00' L8 N45'09'08"E 20.08' L9 589'50'52"E 19.88' L10 S00'00'01"W 34.20' Lowre S. Pepck—On L3cKd Col ado Registcrcd Land Su POINT OF COMMENCEMENT SOUTI-IEAS"r CORNER OF TRACT F3 ZX ILYA "'O > 50 25 0 JI yorrs, ir,c.==1 =l KING sU?vTYORs, INC. 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 PHONE: (970) 686-5011 FAX: (970) 686-5821 WWW.1<INGSURVFYORS.COM PROJECT NO:2003320 DATE:11-24-2003 CLIENT: HILLHOUSE ARCI DWG:2003U20—A—ESMT ti EXHIBIT "C" 1'R0I'1nfl 'V DESCRIPTION 1?mcrgency Access Gasemcnt A Imrccl of land being ptu't od"Ilact "II", Rigden I�arm I�iIill ll 011e ns recorded Octohcr Iel, 11)1)V w. Reception No. 009909006 of tllc records ol'thc IMI-imcr County C 1CIk mid I%CeordCl(I SVIO and also being hart ofsection'I\venty-nine (21)), Township Seven Not (T.7N.), I:anL,c Sisly-Cit,ht Wcsl (R.6SW.). Si.\th I'rincilml Mcridion (Gw I'.NI.), City of I orl Collins. C'ounly of I.:u imcr. Slnir ofC•olora(lo rand heing nxxe I:uiiculorly described as follow~: COMMENCING at the SUU(I1caSI cornet ol'said'I'ract "I3" and assuming the Bast line 0I'sai(I'I raCl "13" as hearing North 00°00'01" East, a (distance of 260.00 Icct with all other bearings contained herein relative thereto: TI IGNCG North 00000'01" East along said Gast line a distance ol'44.16 feet to the POINT OF 13GGINNING; Tl II NCH' North 89°50'52" West a distance of 329.44 feet to the West line of said 'tract "13;" I I IIiNCI? North 00°00'01"Gas( along saicl West line a distance of24.00 Icet; TI IGNCG South 89°50'52" Gast a distance of 329.4,1 Icct to said Gast line of said Tract "13;" fl II?NCIi South 00°00'01" West along said Gast line a distance ol'24.00 Icet to the POINT OI 131�.GINNING. Snid hatcel contains 7,907 ski. 11. more or ICSS 0 ), and is subject to any rights-ol,-way or other casencnts ol, rccord or as now CXisling on said dcscrihcd Imrccl of land. SIIRVEVOR'S <:VR•I'IFICi TF, I, Lawrence S. Pcpck, m Colorado RCL'istcrecl Professional Land Surveyor (to hereby suite That Il,is Pmlcl0, Description was prepared uncle' my personal supervision and checking, ❑lld thin it is inic mad cot rcct to the best od' my knowledge and belied'. O0 ne��s cE Lawrence S ick < �' Culora(lo gxislcred Professional r3% Lund Surveyor 1/33642 NAf u KING SURVUNORS, INC. 9299 Lasunan Park Drivc Windsor, Colorado 80550 (970) 686-50 1 1 ,IN: 200 3320-A I.:\21)11]1211-A\I':MI:R(1-A('('I';tiff-I'.tiM'I'-I.IiGAI,-UI',SC.doc I,a,tl printed 11/25/2003 IiI2I'M mill Bri, "D" 1.IGDEN FARM I ILING 1 - i RAC I EMERGENCY ACCESS EASEMENT SEC. 29, T.7N., R.68W. CUS7LRDRIYL --------------------- TRACT B. RIGDEN FARM FILING ONE RFC. NO. 009909005E O m I I I NN I D m ' ' < I - I I cz b q0 0 �o I � �o I � � I S89'50'52"E 329.44' 0 0 1 0 J I 7.907 S0. FT. 24.00 � POINT OI N89'50'52"W 329.44' BEUNN$ ------------- -I-------------------------------------------r- I- .16' N044I"E 1 I 4A.1 G' I 1 LINE'I'A11L8 LINK I11iAIZING LI'sNG"I'1.1 1_1 N06.0001 "E _24.00•_ 1.2 500.00' "W 24.00 POINT OF COMMENCEMENT SOUTHEAST CORNER OF TRACT D NO ZGYkf%JId4,1' RING SURVEYORS, INC. 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 PHONE: (970) 686-5011 FAX: (970) 686-5821 WWW.I<liv1GSURVEYORS.COM 50 25 0 510 PROJECT NO:2003320-A DATE: 1 1-24 -2003 CLIENT: HILLHOUSE ARCH. DWG:2003320-A-ESMT Joinder and Consent of Deed of Trust Holder First National Bank of Wyoming, a national banking association, as holder of the Deed of Trust dated September 18, 2002, and recorded September 27, 2002, at Reception No. 2002102517, in the real property records of the Clerk and Recorder of Larimer County, Colorado, from Seven Oaks Academy of Loveland. Inc., a Colorado corporation, as grantor, to the Public Trustee of Larimer County, Colorado, for the use and benefit of First National Bank of Wyoming, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Deed of Trust and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Deed of Trust Holder: First National Bank of Wyoming, a national banking association By: Titlei O State of Co Lha-AD ) ss. County of Lzir-j o- ) The foregoing instrument was acknowledged before me this 41 `4' day of 200��J, by L3LcFvt- as U%L� ii-� r, of First National Bank of Wyommg, a national banking association. l Witness my hand and official seal. My commission expires: 1— � 4&L Notary Public ee� QP Ho s ♦pnenry. Z [SEAL] _ nTA'0. UB MY COMMISSION EXPIRES: JANUARY 8, 2008 (W&P, P.C.-1116iO4) -3- ©► Joinder and Consent of Deed of Trust Holder First National Bank of Wyoming, a national banking association, the holder of the Assignment of Rents and Leases recorded January 5, 2004, at Reception No. 20040000544. in the real property records of the Clerk and Recorder of Latimer County, Colorado; the Disburser's Notice recorded January 5, 2004, at Reception No. 20040000545, in the real property records of the Clerk and Recorder of Latimer County, Colorado; and the Deed of Trust dated December 17, 2003, and recorded January 5, 2004, at Reception No. 20040000546, in the real property records of the Clerk and Recorder of Latimer County, Colorado, from Seven Oaks Academy of Loveland, Inc., a Colorado corporation, as grantor, to the Public Trustee of Latimer County, Colorado, for the use and benefit of First National Bank of Wyoming, a national banking association, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Assignment of Rents and Leases, Disburser's Notice, Deed of Trust, and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Deed of Trust Holder: First National Bank of Wyoming, a national banki association By: Title: Lc:V-Q 00 CfQZ State of ss. County of The foregoing instrument was acknowledged before me thisday of 200 y , by Db�`.' u ,�6 l d as ' of First Nati al Bank of Wyoming', a national banking associatioe,0,,......... ' -Z Witness my hand and official seal. �—$'�-0'.0 A--,, °UB4G a - My commission expires: 1— � ' Op co % MY COMMISSION EXPIRES'. A. JANUARY 8, 2006 Notary Public [SEAL] (W&P, P.C.-1/16/04) -4- 0 Joinder and Consent of Residential Association Rigden Farm Residential Association, a Colorado nonprofit corporation, having assessment and lien rights against the Property pursuant to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Residential Development recorded July 13, 2000, at Reception No. 2000047118, in the real property records of the Clerk and Recorder of Larimer County, Colorado, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Residential Development and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Residential Association: Rigden Farm Residential Association, a Colorado nonprofit corporation By: Title: ��L1r;f.VtUV I state of 4oeo.� d o ss. County of L,/�Y+"� dc ✓ ) YL• The foregoing instrument was acknowledged before me this 16 day of 200l by i[%_f ///,�as o igden Fay Residential Association, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires L3l 2-q G [SEAT.]- (w&P, P.C.-1/16/04) -6- Joinder and Consent of Master Association Rigden Farm Master Association, a Colorado nonprofit corporation, having assessment and lien rights against the Property pursuant to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration recorded April 17, 2000, at Reception No. 2000024692, in the real property records of the Clerk and Recorder of Latimer County, Colorado, as amended by the First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration recorded July 13, 2000, at Reception No. 2000047117, in the real property records of the Clerk and Recorder of Latimer County, Colorado, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration, as amended by the First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration, and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Master Association: Rigden Farm Master Association, a Colorado nonprofit corporation By: Title: State of ) ss. County of r The foregoing instrument was acknoyvledged before me s .2day f 200.�G by . as .r -or Rigden F rm Master Association, a Coloraclo nonprofit corporation. Witness my hand and My commission expir (W&P, P.C.-1/16/04) [SEAL]- -5- 4.6. Governing Law. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference, which provides for arbitration by any extra -judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provisions rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 4.7 Captions and Headings. The captions and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 4.8. No Abuse. The signatories hereto aver that they are familiar with 18-8-301, et sea., (Bribery and Corrupt Influences) and 18-8-401, et sea., (Abuse of Public Office) C.R.S. 1973, as amended, and that no violation of such provision is present. 4.9. No Beneficial Interest. The signatories hereto aver that to their knowledge, no State employee has any personal or beneficial interest in the property described herein. (end of page 5) 5 Y\� This Deed of Dedication is accepted by the Director of Community Planning and Environmental Services pursuant to Section 2.1.5 of the Land Use Code of the Citv of Fort Collins this [-j day of `%(,2004. /Cameron Gloss l As delegee for the Director of Community Planning and Environmental Services IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII LARIMEROCOUNTYLCOK RGPT"# 2004-0013444 09:09:430` PAGES - 11 FEE $56.00 Doc $0.00 #289105 ,,II I) O -/ - 0 j DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned grantor, being the sole, legal and record owner of that certain parcel of real property in Larimer County, Colorado, legally described as Tract B, Rigden Farm Filing One, City of Fort Collins, County of Latimer, State of Colorado (the "Property"), for and in consideration of Ten and Noil00ths Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a municipal corporation (the "City"), whose mailing address is c/o Engineering Department, 281 N. College Avenue, Fort Collins, Colorado 80521, a non-exclusive, perpetual, public utility easement in, over, across, and under the portion of the Property that is legally described on Exhibit "A" and depicted on Exhibit "B", and a non-exclusive, perpetual, public emergency access easement in, over, and across the portion of the Property that is legally described on Exhibit "C", and depicted on Exhibit "D", all of which Exhibits are attached hereto and incorporated herein by this reference. It is understood by the undersigned that, by acceptance of this Deed of Dedication for Easement, the City does not accept the duty of maintaining said easements. This Deed of Dedication for Easement shall constitute the entire agreement between the grantor and the grantee hereof, and any prior understanding or representation of any kind preceding the date of this Deed of Dedication for Easement shall not be binding on the parties, except to the extent expressly incorporated herein. Any subsequent amendment to the easements granted in this Deed of Dedication for Easement shall be valid only if executed in writing and signed by the parties, their heirs, successors and/or assigns. Witness the undersigned grantor's hand and seal this C, aday of ' _eLY 200 q . Grantor: Seven Oaks Academy of Loveland, Inc., a Colorado corporation By: 4� Larry Ne 1 Title: President (W&P, P.C: 1/I6/04) \tv 1 _ CITY CLERK CITY GE FOFIT COLLINS 4 t L ATTEST: 13y: Ronald S. Faillaci Title: Secretary [CORPORATE SEAL] State of Colorado ) 5,--I- 1�) ss. County ofI-,eftnier ) The foregoing instrument was acknowledged before me this 2b�.4 day of �1 Rti_urtn 200Lj by Larry Neal, as President of Seven Oaks Academy of Loveland, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: otary Public State of t n� ss. County of I'�4.i I,1tii-Y PUBLIC rh STATE OF COLORADO my Commission Expirss Oct. 2 26u4 The foregoing instrument was acknowledged before me this day of U «,. , 200 i by Ronald S. Faillaci, as Secretary of Seven Oaks Academy of Leland, Inc., a Colorado corporation. Witness my hand and official seat. My commission expires: u C�'z otary Pubji [n m.e .� r4a11.2.hd'.1dN...q,quyy,� [SWAN THOtAPSOIJ � NOI:ARY PUBLIC r' STATE OF COLORADO MY Commission E xpies Oct 2. 2G ' (W&P, P.C.-1/I6/04) -2- FXIt].a1T "A" PIZO I)ITZ1w-1n7mzIrrI Utility Easement A parcel of land being hart of Tract "B", Rigdcn Farm Filing One as recorded October 14, 1999 as Reception No. 0099090056 of the rccol(k ol'llic Latimer County Clerk and I:ccordcr (LCCR) Intl also being part of Section Twenty-nine (29), Township Scvcn North (T.7N.), Range Sixty-eight West (It.68W.), Sixth Pi incipal Meridian (6'1' P.M.), City of fort Collins, County of Larimer, State of Colorado and being afore particularly (ICSCI'ibCd :IS follows: COMMENCING at the Southeast corner of said Tract "B" and assuming the Elsl line of said Tract "B" as bearing North 00°00'01" East, a distance of 260.00 feet with all other bearings contained herein relative theretc: THENCE North 00°00'01" East along said East line a distance of 1 14.16 feel; TIIENCE North 89°50'52" West a distance of 14.50 feet to the West Zinc of a Utility Easement (UE), said point being the POINT OF BEGINNING; THENCE North 89°50'52" West a distance of 149.35 feet; THENCE' South 00°09'08" West a distance of 53.50 feet; THENCE North 89°50'52" West a distance of 31.17 feet; TI IENCH North 00"09'08" East a distance of 20.00 feet; TI IENCE South 89050'52" Bast a distance of 1 1.17 feet; 'III I E N C E North 00009108" East a distance of 57.50 fcet; TI IENCE South 89°50'52" East a distance of'45.00 lec1; TIIENCE South 00°09'08" West a distance of 4.00 feet; III IF'NCI3 South 89°50'52" East a distance of90.18 feet; TI II NCI. North 4S"09'08" East a distance of 20.08 Ice(; TI MINCE South 89°50'52" East a distance of 1988.feet to said West Zinc of said UE; THENCE South 00'00'01" West along said West line a distance of 34.20 feet to the POINT OF BEGINNING. Said parcel contains 5,243 sq. ft. more or less (i), 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 Properly Description was prepared under my�5onal supervision and checking, and that it is true and correct to file best of my Knowledge � )litln r<t Lawrc Pepck (� C coRegisteredPIofcssional �SSyDNAL�t���V Land Surveyor1/33642 ICING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 JN:2003320-A LA2003320-A\UTILITY-ESMT- LEG AL-D FSC.(foe Las( printed 1 1/25/2003 1:42 I'M F,Xu713I'P "13„ �DLN FARM FILING 1—IRACI UI ILI fY 1-ASEMEN I SEC. 29, 1.7N., R.68M cUsrL.rr�frJ�L TRACT B RIGDEN FARM FILING ONE IZEC. NO. 009909005E I � I I I I I I I h L7 ,5 Lg S89'50'52"E I S89'50'52"E 90.18' O 45.00' 5,243 SQ. FT. 0 0 3 a, 'n N89.50'52"W 149.35' PUNT OF I '� 3 BEGINNING Ln O _ Z 0 O Lq L8 p V j O U) I L4 I I I I I I I I I I I LINF TAIIIA LINL? [IFAR.INC; LI NG'I'II I_J N89'S0'52"W _ 14.50 L4 N89'50'52"W 31.17' LS N00'0908E _ 20.00' Lb SW50'52"E _ 11.17' L7 S00'09'08"W 4.00' L8 N45'09'08"F_ 20.08' L9 S89'50'52"E 19.88' 1.10 S00'00'01"W 34.20' �p H[G1gT t Loe , S. l c ek—On Be ul� uvr Col ado Rccjistcrcd Land Sur 7i(ilLTil yors, Inc. POINT OF COMMENCEMENT SOUTFIEAST CORNER OF 1RACT B IrING SURVEYORS, INC. 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 PHONE: (970) 686-5011 1-AX: (970) 686-5821 WWW.I<INGStJRVCYOR`'.COM z 0 0 0 m A O� N 0 0 O 0 50 25 0 "I 1' = 50' PROJECT NO:2003320— DATE: 1 1—24-2003 CLIENT: HILLf fOUSE ARCI DWG:2003320—A—ESMT PROP1InVI' DI?,�'CRIP•1'ION Iimcrgcncy Access liascmenl A parcel ol• I;uul hchig I'tarl of"I'mct "IS", Itigden Farnt Filing One as recordCd October 14. 1999 ns I:cccption No. 0099090050 ul' Iltc rccurds ol'the I . iriiucr C'unnly CIc11< and RCCORICI(I .C(•I:) ;llld also hcing, par[ of ticction l wcnty-nine (29), Township Scvcn North ('I'.7N.), Itangc Sisly-ci',hI Wcsl (R.GtiW.), tii�lh Principal Nlcridian (6"' I'.M.), ('ilY OI 1 oll Collins. County of I.:trintcr. Sink of'Colorado:uul hcing more parlicul;u'ly described as follows CONIMI:NCING a( [Ile SoHthc:ul corner ol'said'I'mcl "W' and assuming the Bast line nl said II lCI •`13" as hearing North 00°00'01" East, it distance o1'260.00 feel with all other hearings contained herein relative (hae(o: T111"NCG North 00000'01" Bast along said Cast line it distance of 44.1 G Icct to the POINT OF BLGINNING; 'I'l II'NCI: North 99°50'S2" West it distance of329.44 Feel to the West line ol'soid Tract "13:" ll II NCI, Not 00°00'01" I:ast along said West line it distance of24.00 Icct; Tl ll3N(T South 89°50'52" 1:nst ❑ distance ol'329.44 feet to said I?a.tit line ol-said'Ilact'•13:' fIIINCI South 00°00'01" Wall along said last line it distance o1'24.00 feet to the POINT OI: 131:GINNIN(;. Said parcel contains 7,907 sq. 0, more or Icss (i), and is subject to any rights-ol-way or other casements OI, record or ❑s now csisling On said (ICSCI ihed p:uCCI of I:m(I. SURVEYOR'S (A"'RTIVICATF, I, Lawrence S. I'cpck, Z: Colorado Registered Prolcssionol Land Surveyor (to hcrcby state that this Property Description was prepared under my personal supervision and checking- and that it is it and correct to (he hest of my knowledge and belief. o 1 rG i. iwrcnce S )ck Colorado gistcrcd Professional Land Surveyor//3iG42 ICING: SURVEYORS, INC. 9299 Eastman fork Drive Windsor, Colorado 90550 (970)686-5011 .IN: 200 3.320-A Ci: .6�2 �+ EME I.:\�(1(13320-A\I:MIfkG-A('('lititi-IftiM'I'-I.li(iAI.-I)IiSC'.tluc ImstIII inted 11/25/20034:12I'm ----------------------------------------------------- — � I I TRA C7' B RIGDEN FARM FILING ONE I RFC. NO. 0099090056 I ' 1 ' I ' I I I I I I I I 1 h I I I I I O i I I b I II I I I I , I , I , I , I , I , I S89'50'52"E 329.4E JI 7.907 SQ. FT. 24.E N89'50'52"W 329.4E _1 — — — — — — — — — — — — — -- — — — — — — — — — — — — _ _ _ — _ _ _ _ — _ _ — — — — — — — — — — — — — — — — — —I- I N00'00'01"E j'_ I 44.1 G' I I,INI; TAI11.1: LINT-i HH'ARING Lr r n cc S. Pepe5l<—On �1 C orado Registered Lond POINT OF COMMENCEMENT SOUTHEAST C012NER OF TRACT 0 Z SdC7i/ 7Gf/G''z;lvhl'l'C7/U.f'L%//' ILU. of mnq'';-Vrvcyors. Inc c vor. • I(:53�I 2 0 IrING' SURYE'YOR. ' INC. . 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 PHONE: (970) GB6-5011 FAX: (970) 686--5821 WWW.1<INGSUI2VI-YORS.COM N m 0 0 0 POINT 01 DEGINNIN 50 25 0 50 1'= 50, PROJECT NO:2003320—A DATE: 1 1—24-2003 CLIENT: HILLHOUSE ARCH. DWG: 2003320--A--ESMT Joinder and Consent of Deed of Trust Holder First National Bank of Wyoming, a national banking association, as holder of the Deed of Trust dated September 18, 2002, and recorded September 27, 2002, at Reception No. 2002102517, in the real property records of the Clerk and Recorder of Larimer County, Colorado, from Seven Oaks Academy of Loveland, Inc., a Colorado corporation, as grantor, to the Public Trustee of Larimer County, Colorado, for the use and benefit of First National Bank of Wyoming, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Deed of Trust and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Deed of Trust Holder: First National Bank of Wyoming, a national banking association By: Title: ems_ State of co 1b=hLI-AC) ) ss. County of Qr1M7h ) The foregoing instrument was acknowledged before me this �v— day of A�11 2001), by l)o L CoLL,-,L as First N;#til nal Bank of Wyo ing, a national banking association. Witness my hand and official seal. My commission expires: 1— 8 Notary Public [SEAL] ,�.�o NCO lko` MY COMMISSION EXPIRES: JANUARY 8,'2006 (W&P, P.C.-1/16/04) -3- Joinder and Consent of Deed of Trust Holder First National Bank of Wyoming, a national banking association, the holder of the Assignment of Rents and Leases recorded January 5, 2004, at Reception No. 20040000544, in the real property records of the Clerk and Recorder of Larimer County, Colorado; the Disburser's Notice recorded January 5, 2004, at Reception No. 20040000545, in the real property records of the Clerk and Recorder of Larimer County, Colorado; and the Deed of Trust dated December 17, 2003, and recorded January 5, 2004, at Reception No. 20040000546, in the real property records of the Clerk and Recorder of Larimer County, Colorado, from Seven Oaks Academy of Loveland, Inc., a Colorado corporation, as grantor, to the Public Trustee of Larimer County, Colorado, for the use and benefit of First National Bank of Wyoming, a national banking association, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Assignment of Rents and Leases, Disburser's Notice, Deed of Trust, and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Deed of Trust Holder: First National Bank of Wyoming, a national banki¢ association By: Title: LnN N G*�10EiZ State of L LAC0 ) ss. County of L The foregoing instrument was acknowledged before me this `� day of JLL 200, by -� as r % A LL� v of First Nati al Bank of Wyomin , a national banking associatio,,,,,.,D,�.tL,' Witness my hand and official seal. -`°=-0 0 O- °O My commission expires: 'icOp 01-9.' MY COMMISSION EXPIRES. JANUARY 8, 2006 Notary Public [SEAL] (W&P, e.C.-1/16/04) -4- Joinder and Consent of Residential Association Rigden Farm Residential Association, a Colorado nonprofit corporation, having assessment and lien rights against the Property pursuant to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Residential Development recorded July 13, 2000, at Reception No. 2000047118, in the real property records of the Clerk and Recorder of Latimer County, Colorado, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Residential Development and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Residential Association: Rigden Farm Residential Association, a Colorado nonprofit corporation By � V -n Title: State of Lp/p�O I-aG-��err- ) ss. County of rr'i'1Ot ) y.4. The foregoing instrument was acknowledged before me this 7 `day of o_ � dY� 200e,by ,-eeZ as 2igden I+arch 1esidential Association, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: 2 G ^ [SEAL] (W&P, P.C.-1/16/04) -6- IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: Asslst44t City Attorney ATTEST: / t Jol3 W. Bliss, Secretary APPROVED By: Univer ity ontracts Adviso STATE OF COLORADO) ) ss COUNTY OF LARIMER) THE CITY OF FORT COLLINS, COLORADO a Municipal c poration L &d�l& - City Manager COLORADO STATE BOARD OF AGRICULTURE By:_ Ja s R. Isgar, Tresident By: "j �Tal Counsel The foregoing instrument was acknowledged before me this day of August , 1994 by JamE3 )Rxxff)sgaLi);xxxsx)P2m%sixkmtx Xsixi John W. Bliss, as Secretary, of the State Board of Agriculture. My commission expires Witness my hand and official seal. STATE OF COLORADO ) N y Pu 1C �aFljo r�' )ss COUNTY OF LARtMrr- ) The foregoing instrument was acknowledged before me this (1111 day of August, 1994 by James R. Isgar, as President, of the State Board of Agriculture. My commission eaxpires ��I_j"j�ii� Witness my hand and official seal.. Notary Public d Joinder and Consent of Master Association Rigden Farm Master Association, a Colorado nonprofit corporation, having assessment and lien rights against the Property pursuant to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration recorded April 17, 2000, at Reception No. 2000024692, in the real property records of the Clerk and Recorder of Larimer County, Colorado, as amended by the First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration recorded July 13, 2000, at Reception No. 2000047117, in the real property records of the Clerk and Recorder of Larimer County, Colorado, hereby joins in the aforesaid Deed of Dedication for Easement for the sole purpose of expressing its consent thereto and of binding, subjecting and subordinating the aforesaid Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration, as amended by the First Amendment to the Declaration of Covenants, Conditions, and Restrictions for Rigden Farm Master Declaration, and its interests in any portion of the Property described therein to the terms of said Deed of Dedication for Easement. Master Association: Rigden Farm Master Association, a Colorado nonprofit corporation By: Title: �De3r� State of ) ss. County of �y�%���✓ > �MiThe foregoing instrumen/t, w,as_ ac�know�le��d ed before me s 26 day f arw�1200.G by Las g( en F rm Master Association, a Colora o nonprofit corporation. Witness my hand and o My commission expire [SEAL]" (w&P,1).C.-u16io4) -5- "this Deed of Dedication is accepted by the Director of Community Planning and Environmental Services pursuant to Section 2.1.5 of the Land Use Code of the City of Port Collins this [f lil day of2004. ameron Gloss As delegee for the Director of Community Planning and Environmental Services f, ity Clerk :' 1111111111111111 III' "'I ll l llll ll l 11111111 #267162 SCOTT DOYLE, RECORDER, LARIMER COUNTY CO RCPTN# 2003-0157895 12/17/2003 15:28:24 PAGES - 6 FEE $31.00 DOC $0.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Pioneer Building Corporation, being the owner of certain real property in Larimer County, Colorado legally described at Reception No. ).VQWNY in the Larimer County Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer, and convey to the City of port Collins, Colorado, a Municipal Corporation, for public use forever a permanent easement for drainage in the City of fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this 12 day of November, 2003. Grantor: PIONEER BUILDING CORPORATION, a Colorado Non -Profit orporation Title: Name and Address: ATTEST: By: 'I'ille: State of Colorado ss CountyOf Larimer � plllllllll/!! The foregoing instrument was acknowledged before me �iis�77� dabcii//i ovember, 2003, by Rosemary Snede.- aS President ,a11d �` P ........... of PIONEER Bt1TLDIN6 CORPORATION, a Colorado �,40$-Fr it 6ox}fl�dt-ion Witness my hand and official seal. = Q ! Q k O �-Z My commission expires: ��b 1y 4 O ZZ Notary 'd lic Accepted by the City of Fort Col as-o}rfhe 1/h Hay d e tt it , 200 City Cleiil-,_.:,.• _ F T CONSENT AND APPROVAL 13Y LIEN] IOLDER The undersigned, being the owner of a Mortgage and Loan Agreement encumbering the above -described properly, hereby approves, ratifies, confirms and consents to the foregoing drainage easements. Dated this 12"' day of November, 2003. ZIONS FIRST NATIONAL BANK J j nnie Stricklen, Vice President STATE OP COLORADO ) ) ss. COI INTY OF DENVER ) 'I'hc foregoing instrument was acknowledged before me this 12th day of November, 2003, by Jeannie Stricklen, as Vice President of ZIONS FIRST NATIONAL BANK. WITNESS my hand and official seal. My commission expires: Notary Publib m CONSENT AND APPROVAL BY LESSEE The undersigned, being the lessee raider a Lease Agreement with respect to the above -described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this -1L day of November, 2003. PIONEER CHARTER SCHOOL y,4 /� Name/Title STATE OF COLORADO ) ) ss. COUNTY OF LAWMER ) The foregoing instrument was acknowledged November, 2003, by h�/A I N / �,P Z)/ �'� f0 U ti`T of PIONEER CI - 140 TA it `'. o -' otariPublic WITNESS my hand and official seal My commission expires: / /„ �i before me this ' day of as LA AT'1'ORNEY'S CERTIFICATION 1 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 Fora 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 dale 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. t ney JOSFPH FONFARA ddreSS 125 S. 11 ..S, 6th Floor Fort Collins, CO 80521 Registration No. 6586 I'Ro)I'I1:R"I Y 1)FISCRIPTION Drainaec f,lscmcnl �1 A parcel o" land bciug pall of'I'l lcl "1'.', Rigden Balm Piling One :is reconled Oclober 14"', 1999 as Rcceplion No. 9909006 of the records of the I'm imer Comity Clcrk laid Recorder (L('('k) and being 111111 of Section'fwcnty-nine (29), Township Seven North ('I'.7N.), Range Sixty-eight West (R-09W.), Sixth Principal Meridian (61hP.M.), City of Port Collins, County of Latimer, Stale of Colorado and being more pit tic elarly described as follows: CON IMF,NCING at the North Point of COIVatrlre (PC) at the Southwest comer of said Tract " E" and assuming the South line of said "17ect "I?" as hearing South 89°50'52" Bast, a distance ol'65.50 feel with all other bearings contained herein relative thereto: I'I II?NCP, along the West line of said Tract `9'" the following two courses and distances: I I IIfNCIi North 00'09'08- Bust it distance ol'70.58 feel to a PC; 'I I WN('I: along the arc ofa cut v e which is concuvc to the ILl.sl a distance ol'208.84 Iecl, having a radius of 568.50 feet, acenhal angle of 21`02'52" and It long chord bearing North 10°40' 34" 1?asl It distance of 207 67 feel to the Southwest corner of an existing drainage casement across said Tract "P;" I'111'N T South 61°44'30" Past along the South line of said existing drainage easement a distance of 13.59 feel to the POINT OF IIFGINNING; 'I I II'.NCE continuing South 61°44"30" Bast along said South line ,I distance of 48.87 feet; 'I I IFN(T SOUth 70"47'39" West it distance of 30.07 feet; TI IFNC[b North 7 F21' 16" West a dislnncc of 26.60 feet; 'fl w,N(T North 23° 16'46" Fast It distance of 26.70 feel to the POINT OF BEGINNING. Said parcel contains 995 square feet more or Tess (±), 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,Lewrence S. Pepek, It Culom(to Registered Professional Land Surveyor do hereby state that this Property Description was prep,lred under my personal supervision and checking, and that it is true and correct to the best of lily knowledge and birlio cE �PC(, 0 - 'O: King. fyors, Inc. Colorado Registered Pt Land Surveyor 1133642 KING SURVEYORS, INC. 9299 Lastman Park Drive Windsor, Colorado 80550 (970)686-5011 IN:2003149 1, A2003149\URAINAGF.-GSM'1'-LEGAL-UGSCdoc Last printed 10/14/2003 12,02 I'M DRAINAGE EASEMENT EXHIBIT I RIGDEN FARM FILING 1—TRACT E SEC. 29—T.7N.—R.68W. UE=UTILITY EASEMENT DE=DRAINAGE EASEMENT ('URVE TABLE 'URVE LENG III j AUIUS DELTA I CHORD 1 CH BEARING CI3 208.84' S68.50 21'02'52" 1 207.67' 1 N10'40'34"E LINE TABLE LINE BEARING LENGTH L15 S61'44'30"E 1159' L16 S61'44'30"E 48.87' L17 S70'47'39"W 30.07' L18 N7 V21'I6"W 26.60' L19 N23'16'46"E 26.70' POINT OF COMMENCEMENT NORTH POINT OF CURVATURE (PC) OF TRACT "E" / / / \ POINT OF \ \ BEGINNING \ \ 895 SQ. FT. \ \ \ \ \ ��EXISTING UE \\ /EXISTING DE I \ \ I I \\ 1 \\ I \\ I 7III3.4�G'7l' IE \ \ I Rf(=JH7 T IFA RM I , Fl T_h7V07 (914' I II sc.. Iva mow I EXISTING 9' UE I I I EXISTING UE- ----------— --_ BASIS OF BEARING S89'50'52"E 65.50' CUSTERDRIT'E IIIF(9I0,011 IF,4UgM 4;5O51) f�ECl/ 7 e S. Pepek—On Bel �f. OfKing.. a eyors, Inc. ado Registered Land 54ty.yor� 2 60 30 0 60 1 "= 60' AZYV6SURVEYORS, ING PROJECT N0:2003149 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 10-14-2003 PRONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: INTERWEST WWW.KII IGSURVEYOIRS.COM DWG: 2003149SCIIOOLESMT IIIIIIIIIIIIIIIII'"'IIIIIII IIIII #267163 SCOTT DOYLE, RECORDER, LARIMER COUNTY CO RCPTN# 2003-0157897 12/17/2003 15:28:24 PAGES - 6 FEE $31.00 DOC $0.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Pioneer Building Corporation, being the owner of certain real property in Larimer County, Colorado legally described at ReceIlion No 1 A115MAY(Yin the Larimer County 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 emergency access in the City of Fort Collins, County of Latimer, 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 12 day of November, 2003. Grantor: PIONEER BUILDItG CORPORATION, a Colorado Non -Pro it 'orporatron By: \�c_—vr\ Name and Address: 3-so �ci,, A'TTES'1': By. — — 'I'itle: State of colorado ss County of Larimer_) The foregoing instrument was acknowledged before me this day,of November , 200 1 by _Rosemary Snedc 2eras President _, and of PIONEER BUILDING CORPORATION, a Colorado Np7L- p. it••{;ort86tation Witness my hand and official seal. LU cc i 0 v0= My commission expires: m Q U r Notary Pilbli;'�///4SIIIAI11�t���Y\`p , _1144 Accepted by the City of Fort Co ins oJTrthe 'd�y'oE>x+ec�bGt , 200 ;i M CONSENT AND APPROVAL BY LIENHOLDER The undersigned, being the owner of a Mortgage and Loan Agreement encumbering the above -described property, hereby approves, ratifies, coniirms and consents to the foregoing emergency access. Dated this 12"' day of November, 2003. 'LIONS FIRST' NATIONAL BANK By U1.4�,L1LL Jem nie Stricklen, Vice President STATF OF CULORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 121h day of November, 2003, by Jeannie Strickicn, as Vice President of DONS FIRST NATIONAL BANK. W HNESS my hand and official seal. My commission expires: Notary Pu STATE OF COLORADO ss COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 18th day of August, 1994 by Steven C. Burkett, as City Manager and Wanda M. Krajicek, as City Clerk. My Commission expires: January 31, 1998. Witness my hand and official seal. Notary Public 7 19) CONSENT AND APPROVAL BY LESSEE The undersigned, being the lessee under a Lease Agreement with respect to the above -described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this day of November, 2003. STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The Npvcniber, PIONEER CHARTER SCHOOL ByI kanie/Title foregoing instrument was acknowledged before me this 2003, by f<'//4( A)IC �6:L5 X'215 1)L / 'A'7-, of PIONEER CHARTER SCHOOL. WITNESS my hand and official seal. My commission expires: /G" - / - �) 1►1 �g...FR td AREA' / Od day of , as 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 l,arinier 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)(Q of the band Use Code. AL ey JOSE; H Il. NFARA dress 125 S. Howes, 6th Floor Fort CoLtins, Co 80521 Registration No. 6586 PROPERTY DESCRIPTION t{ntergency Access Fascment A parcel of Iand being part of Tract "E", Rigden Farm Filing One as recorded October 14"i, 1999 as Reception No. 99090056 of the records of file larimcr County C'Icrk and Recorder (LCCR) and being part of Section'l wcnty-nine (29),'fownship Seven North (f.7N.), Range Sixty-eight West (R.68W.), Sixth Pi iucipal Met slum (61hP.M.), City of Dort Collins, County of Lsrinler, State of Colorado and being more poiticularly described as follows: COMM FNCIN(i at the South POlnf of Curvature (PQ at the Solhwcst corner of said Tract "C" and assuming the South line of said Tlact "C" as bearing South 99050'52" Fast, it distance of 65.50 feet with all other herrings contained herein relative thereto: TI IN('P. along said South line file following two courses and distances: I'I IFN(T South 89°50'52" East it distance of 05.50 feet to it PC; TI 117N('F along the arc of a curve which is concave to the South a distance of 116.42 feel, having a radius of 648.00 feet, it central angle of 10°17'37" and it long chord bearing South 84°42'04" Cast a distance of 116.26 feet to the POIN"I' OF IWGINNING; 'I'I WNCF. North 13`01'06" Cast along it line being nou-langent to the aforesaid curve it distance of 1 12.76 Icct to a PC; 'I'I IFN(T along the arc ol'a curve which is concave to the Fa ast a distance of 8.56 feel, having radius of 41.00 feel, a central angle of 1 1'57'34" and a long chord bearing North 18°59'53" Basta distance of 8.54 Icet to it Point of Tangency (PT); ); I'I IEN(T North 24°58'40" Cast it distance of 55.02 feet; 'I'l11;NCIi South 6S°00'46" Fast a distance of 219.04 feel to the East line of said Tract "F;" I'I IILNCF, South 29°31'5 1" West along said East line a distance of24.79 feet; 'I'I IFNUF, North 60°29'29" West it distance of 9.77 feet; TI IIiF, NC North 65°04'46" West it distance of 53.94 feet to it PC; TI IFN(T along the arc of a curve which is concave to the Southwest it distance of 94.23 feet, having a radius of 71 I .00 Icel, it central angle of 07°35'35" and it long chord bearing North 68°52'34" West it distance of 94.16 feet to a 11'1` " - 'I'I IGN(',, North 72°40'21" West it distance of 13.33 feel to a PC; 'I'I IFNCF along the arc of it curve which is concave to the Southeast it distance of 41.15 feet, having it radius of 25.00 feel, a ccnual angle of 94° 18'32" and it long chord bearing South 60° 10'22" West it distance of 30,66 feet to it P F, TI IFNCF South 13°01'06" West a distance of 108.51 feel to a point on a curve, said curve being non- taugent to aforesaid line, said curve also being on the South line of said Tract "F;" 'I I IFNCF along the arc of it curve which is concave to the South a distance of 24.01 feet, having it raclius of 648 00 feet, it central angle of 02°07'23" and it long chord bearing North 78°29'34" West a distance of 21L01 feet to the POINT OF l3FGINNING. Said parcel contains 9,442 square feet more or less (±), 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, it Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prcpnred uncler my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. Lawl en Cololm Land SurveyorN33642 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)696-5011 IN:2003149 L.A2003149TMIiRG1:NCY-ACCESS-LSMT-LEGAL-DE.SCdoc I .ist printed Ill/1-1/2003 11,57 AM EkAERGENCY ACCESS I ASEMEI` EX jIBIf RIGDEN FARM FILING 1 -TRACT E SEC. 29-T.7N.-R.68W. ���1I�yQ-S•�S�Nx I z Z W Ztj —'�'.'-'�.^ CD WQ �W W LU �z O to Q P w w O D O wU O Z 0 _I q W V z ww N W Nw wW �a z F� Do W. " L V0 'YORS, INC. PROJECT N0:2003149 97.99 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 10-14-2003 PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: INTERWEST WWW.KINGSURVEYORS.COM DWG: 2003149SCHOOLESMT IIIIIIIIIIIIIIIIIIIIIIJillllllllllllll #267164 SCOTT DOYLE, RECORDER, LRRIMER COUNTY CO RCPTNH 2O03-0157898 12/17/2003 15:28:24 PAGES - 6 FEE $31.00 DOC $0.00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN DY THESF, PRESENTS: That the undersigned, pioneer Building Corporation, being the owner of certain real property in Larimer County, Colorado legally described at Reception No. 2113�JU�3 in the Larimer County 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 access 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 12 day of November, 2003. Grantor: PIONEER BUILDING CORPORATION, a Colorado By:�Non-Profit(Cor.o ration cSey —r � � J )�S' Name and Address: AIITS I: By: — Title: Slate of Colorado ) ss County of Larimer ) The foregoing, instrument was acknowledged before me this,, day'o,,_No ✓ember , 2003, by 1 ,. — Rosemary Snedeyer as President _,and •� ;.......•..,� W PIONFER BUILDING CORPORATION, a Colorado :N --fr�it C�brgbci�_ation Witness my hand and official seal. t CL ' O 0 10 cD Z My commission expires: 11� J 0 Q�/ STATE Notary`ttl) K(4IIIIIIIIl11�px Accepted by the City of Fort Collins on-, 6 �day`b' , 204 City Clerk;, '� 0 CONSENT AND APPROVAL BY LiENHOLDER The undersigned, being the owner of a Mortgage and Loan Agreement cncunibering the above -described property, hereby approves, ratilics, confirms and consents to the foregoing access. Dated this 12°i day of November, 2003. ZIONS FIRST NATIONAL BANK By x� - Jeeannie Stridden, Vice President STA I F Of COLORADO ) ss. COUNTY OR DENVER ) The foregoing instrument was acknowledged before me this 12th day of November, 2003, by Jeannie Strickleu, as Vice President of ZIONS FIRST NATIONAL BANK. WITNESS my hand and official seal. My commission expires: 7Z22-� Notary PLIMic i �j CONSENT AND APPROVAL BY LESSEE The undersigned, being the lessee under a Lease Agreement with respect to the above -described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this 2 day of November, 2003. STATE OF C'OLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was i November, 2003. by of PI WITNESS my hand and official My commission expires: / 0 -/ PIONEER CHARTER SCHOOL ��� I�OGYI� Vrr� �pvf LayS_ Nam /Title i� acknowledged before the this �7 day of �)t 5 , as ,NE, SCHOOL. NOTAW k a: Notarv; ublic N ATTORNEY'S CERTIFICATION hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.23 (C)(3)(a) through (e) inclusive of the Land Use Code of the City of Port 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 ofexecution oftbe deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2.2. C) )(Q of the band Use ` de. ttorney JOSE H. FONFARA Address _125 9 Howes.6th F'1Q4X Fort Collins, CO 80521 Registration No. 6586 I'14(1.1'1.4IILLI)I;bS.l VITI Accc,4s hiScmeid A p,irrcl of hind hcirll, purl of 'I'rncl "If" Kip,dcn I urns I diuP, (htc ;is recorded Oclohcr I4°i 1991) as llcccphon No 9')O(Mlhh ol'Ihc rck u(mk ul'Ihc I ntimcr Counly CIcrk and Recorder (I,('('k) and licinp, purl of \cclinn I\vcnly Iliac (")),'IownShip Seven Nmlll I'I',IN,), I(nn),c,Vkly rigid Wend (I(.68W), `I'kill I'rincilml Meiidiiul (nlhl' hull ('ollllm, ('nunly of I 11111110, 811110 0H olo ildli and IwIly InofP pilillculnlly tlpm,llhpll Im Ihlluws, COMMI W('ING al the Norlh Point of ('wvaturc (1,C) al the Sou(hwest corner of s lid'Ilecl "I:" and assuming the South Inir of saul'I'rucl "I?' ;IS bcanng South 89°50'52" I?nsl, a disLmcc of 65.511 I'ccl wt(h idl ul to bearings con(aincd herein relative thereto: 'I I IGNCF. along the West line of said'fract "E" the following two courses and distances: TI I FNUF North 00°09'08" East it distance of 70.58 feet to it PC; I'UNCT along the arc of it curve which is concave to the Bast a distance of 194.17 feet, having it radius of 568,50 feet, n central angle of 19°34' 11" and it long chord bearing North 09°56' 13" Gast a distance of 193.23 feet to the POINT OF 1317GINNING; I'l IFN('L. continuing along said West line the following two courses and distances: TI IENCF, along the arc of a curve which is concave to the East it (listance of 75.96 feet, having it radius of 568.50 feel, o central angle of 07°38'42" and a long chord bearing North 23°32'40" Gast a distance of 75.80 feet to it Point of 'Tangency (P 1); I'I IFN(1' North 27°22'01" Gast a distance of 16.29 feet; TI11;NCI South 72°39'56" East it distance of 91.09 feet; 'I'1IGN('fi South 63°55'49" East a distance of 56.24 feet; 'I I lFNCG South 54°38'49" Gast it distance of 99.44 feet; I'I IGN('F. South 68' 11'27" Gast it distance of 106.04 feet; I IGNCH South 6W30'47" Gast a distance of 38.33 feel TI IIiNCF' Soolh 73°43'20" Past a (listance of 70.08 feet to a point on a curve, said curve being non -tangent to file aforesaid line, said curve also being on the Bast line of said Tract "G;" TI iFN(T. along the arc of a o'urve which is concave to the West a distance of 20.03 feet, having a rafting (if 468,50 feet, it central angle of 2°26'57" and a long chord bearing South 19°09'32" West it distance of 20.03 feet; I I IFNCI ? Not 73°4V20" West :dung a line being non -tangent to the aforesaid curve it distance of 71.39 feel; 'I I IFNUF Not 60°30'47" West it distance of 39.30 feet; I IIGNCIi North 68'11'27" West a distance of 107.07 feet; I'I IEN('F North 54°38'49" West it distance of 100.19 feet; 'II IFNCF Not 63°55'49" West it distance of 53.09 feet; I IFNCF North 72°39'56" West a distance of 70.28 feet; 'I I IFNCF South 23'16'46- West a distance of 7099 feet; 'IF IFNUF North 76°09'46" West it distance of 12.99 feet to the POINT OF BFUNNING; Said parcel contains 10,021 square feet more or less (1), 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 Properly Nescription was prepared under my personal supervision and checking, and that it is true and correct to the hest of my knowledge and b Lawn Color LiUld Surveyor H33642 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 JN: 2003149 L\2003149\ACCESS-E';NlT-LEGAL-DF.SC.doc Last printed 10/14/2003 12:14 PNI ACCESS EASEMENT EXHIBIT RIG DEN FARM FILING 1—TRACT E SEC. 29—T.7N.—R.68W. [D Nv�nn m m Z m W m O N 1.1ED i.�i.�3333 ED Z Q �1 0 W o ) p ) p 2 Z Z Z Z W Z m o N n a -1 - 00 2 ice S. Pepek—On orado Registered Lon f of King; -0-3 �yors, Inc. IN \\ o \ \ \ O ED W n°i .n 0 � mnm N C7 /\J z z z m Z x / Nmo / n m o N �a [ / roe n N N /n 0 0 0 a�mm m o m vio ._nN lam' U U U 1 W I I Z N w I C„ I ED �+ IZ it q a I mw � W N I* O 0 [� aN I I J Z 0 W wa W W O O 0�7 Q W F 0 O O U O 0 F- zz z as 0 Z z - W W N w Q N w W W y U' F Q Z F-Q F0 Z) O W w 7 O ICING SURVEYORS, INC. PROJECT NO:2003149 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 10-14-2003 PRONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: INTERWEST WWW.KINGSUR.VEYORS.COM DWG: 2003149SCHOOLESMT OOF PERMANENT DD RA�NAQE AND TEMPORARY CONSTRUCTON EASEMENT INTHE N1/2OFSEC. 29,To7H.,R.6 W, OF THE Oth pJn�)n, CITY OF FT, COLLINS, Lam°G IME-G? COUNTY, COLORADO QC.S.W N 1/4 CORNER OF SECTION 29 NORTH LINE NE 1/4 S8912'59'E SECTION 29 85.00 55.00 POINT OF ao.00 BEGINNING I►— 55' TEMPORARY CONSTRUCTION 1 I EASEMENT I I NORTH LINE v1/2 OF NW 1/4 30' PERMANENT DRAINAGE w0 i EASEMENT N a3� \nm I 1 Z 00 o N ^ m Z m n Y h � PY I3 Ia I n M n n to � I � P � I � IMP S8917'09'E 25.00� I�! w 10 v < n� P 25' TEMPORARY z I CONSTRUCTION EASEMENT 25.00 —, 1 1 TST, INC. Con,ul9nq Enylnsom FILE: CEUNORTH 40:54 I N r — I N891J 2'S9'W 40.00 . I 13 -- 15' n o P JI OY _I �lo_oo 100 0 100 200 scale 1'=100' feet SHEET 1 OF J IIIIIIIIIIIIIIIII'"�IIIIIIIIIIIIIII #267165 SCOTT DOYLE, KECORDER, LnRIMER COUNTY CO RCPTN" 2003-0157899 12/17/2003 15:28:24 PAGES - 6 FEE $31.00 DOC $0.00 DEED OF DEDICATION FOR EASFMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Pioneer Building Corporation, being the owner of certain real property in Larimer County, Colorado legally described at Reception No. 2oo3vt9L(kY in the Larimer County Records, in consideration ofTen 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 utilities 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 12 day of November, 2003. Grantor. PIONEER BUILDING CORPORATION, a Colorado C� Non -Pro ffit�rCor�oratron By: Title: Name and Address: A"f'1FS'l By: — Fitle: State of Colorado ss County of Larimer —) 2 4 'fhe (bregoing instrument was acknowledged before me this _L day of November , 2003, by Rosemary Shed cy er. as President _, and of- PIONEER BUJ LUING CORPORATION, a Colorado Witness my hand and official seal. My commission expires: Accepted by the City of Fort —�= as _ =P.�`d fat" L"br•L)o ra t ion � PµY O ¢r o m i = C-, +' 0 q TE of O`O`� �runuuull"° 2003 I CONSENT AND APPROVAL BY LIENI(OLDER The undcrsignccl, being the owner of a Mortgage and Loan Agreement cnanmbcring the above -described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for utility. Dated this 12°i day of November, 2003. ZIONS FIRST NATIONAL [SANK nnie Stricklen, Vice President STATh, OF COLORADO ) ) ss. COUNTY Of DENVER ) The foregoing instrurment was acknowledged before me this 12th day of November, 2003, by .Icannic Stricklen, as Vice President of ZIONS FIRST NATIONAL BANK. WITNESS my hand and official seal My commission expires: {— Notary Public CONSENT AND APPROVAL BY LESSEE The undersigned, being the lessee under a Lease Agreement with respect to the above -described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Easement. Dated this / day of November, 2003. PIONEER CHARTER SCHOOL By Name/Tfitle STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instutpent was acknowledged before me this day of November, 2001, by �ym , as 5/PLAT of PIONEER CHARTER SCHOOL. WITNESS my hand and official seal My commission expires: L 7 /_ u ATTORNEY'S CERTIFICATION 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 inforniation discovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)�f) of the Land Usc'Code. B. FONFARA Address 125 S. Bowes, 6th Floor Fort Collins, CO 80521 Registration No. 6586 PROPERTY DESCRIPTION Utility Easement A parcel of land being Part 01 Tract "E", Rigclen Farm Piling One as recorded October 14"i, 1999 as Reception No. 99000056 ofthe recoils of the Larimer County Clerk and Recorder JXCR) and being part Of section Twenty-nine (29), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Mel idinn (6thl'.M.), City of Foil Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMP.NC'ING at the North Point of Curvature (PQ at the Southwest coiner of said Tract "E" and assuming the South line of said Tract "F" as bearing South 89°50'52" Fast, a distance of 65.50 feel with all other hcmiogs contained herein relative thereto: I i IFNCL? North 00°09'0S" East along the West line of sai(l'fract "E" a distance of 12.00 feet; 111MUF South 91)°50'52" Fast a distance of 9.00 feet to a point on the East line of the existing Nine foot (9') wide utility casement, said point being the POINT OF BEGINNING; TI IFN('Ji South 89°50'52" East a distance of 59.50 feet to a PC; 11 IFNCE along the arc of a curve which is concave to the South a distance of 299.43 feet, having a radius of 663.00 feel, a central angle of 25°52'35" and a long chord bearing South 76°54'34" Fast a distance of 21)0,g9 feet to a point on the West line of the existing 9' Wide utility easement along the East line of said 'I'iact "I ', I I IFNCF South 29°31'35" West along a line being non -tangent to the aforesaid curve a distance of 1.31 feel to a point on the Not line of the existing 9' wide utility easement along the South line of said Tract "1: said point also being a I'C; I'I IIMT,' along said North line the following Blur courses and distances: II IFNCT, along the arc of a curve which is concave to the North a distance of 7.51 feel, having a radius of 5.00 feet, a central an, of 86°03'44" and a long chord hearing South 72°33'39" West a distance of 6.92 feel to a Point of Reverse Curvature (ITC), 'I 11 FNCF along the arc Oki curve Which is concave to the South a distance of 29 L.69 feet, having a radius of 657 M feet, a central angle of 25°26' 15" and it long chord hearing North 77°07'45" West a distance of 289.30 feel to a Point of Tangcticy (P 1'); I'111:NC'I? North 89°50'52" West a distance of 54.50 feel to a PC; I l IIMT along the arc of a curve which is concave to the Northeast a distance of 7.85 feet, having a radius of 5.00 feet, n central angle of 90°00'00" and a long chord bearing North 44°50'52" West a distance of 7.07 feet to n point on the Fast line of said existing 9' wide utility easement along the West line of Tract "E", said point also being a P I ; II IFNUF. North 00°09'08" East along said East line a distance of 1.00 feet to the POINT OF BEGINNING. Said parcel contains 2,134 square feet more or less (±), and is subject to any rights -of -way or other casements of record or as now existing on said described parcel of land. SURVEYOR'S CEIYI'IFICATE I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that This Property Ucscriphon was prcpnrcd under my personal supervision and checking, and that it is true and collect to the best of lily knowledge and belief. Lawrell Oil BehalTOfKingSurvefrs,Inc. �o 1 ¢ 0'3 ----- Colorado Registered Professional Land Surveyor 1133642 ICING SURN'EYORS, INC. 9299 liastman Park Urive Windsor, Colorado 80550 (970)686-5011 J N: 2003149 L:A2003149AU 11I,11Y-FSMl'-LEGAL-UESC.doc Last printed 10/14/2003 12:01 I'M UTILITY EASEMENT I ��7� ��� r I RIGDEN FARM FILING 1-1RACT E 1 1 SEC. 29—T.7N.—R.68W. I O N z N z z z w W N UI W W W} O, F Z Z 7Q F0 Do ww Z)o 0 r7 I 1 ZIVC .SURVEYORS, INC, PROJECT NO: 2003149 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 10-14-2003 PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: INTERWEST WWW.KINGSURVEYORS.COM DWG: 2003149SCHOOLESMT lv� PERMANENT DRAWAGE AND TEMPORARY �� EXHIBIT "A" CoONSTRMCTM CASEMENT N THE Nit/2 OF SEC. 29, T.7 M, R.08 W, OF THE Gth P- v6�li,, O9TY OF FT. COLUNSr LAMMER COUNTY, COo LOo RADO Mau) LEGAL DESCRIPTION - Permanent Drainage Easement (CSU North) A strip of land located in the Northeast quarter of Section 29, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being described as follows: Commencing at the North quarter corner of said Section 29 and considering the West line of said Northeast quarter to bear South 00006'34" West with all bearings contained herein, relative thereto; thence along said West line South 00°O6'34" West, 30.00 feet to the South right-of-way line of Drake Road and the POINT OF BEGINNING of this description; thence along said South line South 89012'59" East, 30.00 feet; thence departing said South line South 00-06'34" West, 1745.12 feet; thence South 89°12'59" East, 10.00 feet; thence South 00006'34" West, 20.00 feet; thence North 89° 12'59" West, 40.00 feet to said West line of the Northeast quarter; thence along said West line North 00006'34" East, 1765.12 feet to the POINT OF BEGINNING of this description, containing 1.22 acres, more or less. LEGAL DESCRIPTION - Temporary Construction Easement (CSU North) Two strips of land located in the Northeast quarter and the South half of the Northwest quarter of Section 29, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being described as follows: Commencing at the North quarter corner of said Section 29 and considering the West line of said Northeast quarter to bear South 00-06'34" West with all bearings contained herein, relative thereto; thence along said West line South 00°06'34" West, 30.00 feet to the South right-of-way line of Drake Road and the POINT OF BEGINNING of this description; thence along said South line South 89012'59" East, 85.00 feet; thence departing said South line South 00°06'34" West, 1270.09 feet; thence North 89'12'59" West, 40.00 feet; thence South 00°06'34" West, 495.03 feet; thence North 89012'59- West, 70.00 feet; thence North 00006'34" East, 470.12 feet to South 89017'09" East, 25.00 feet to said West line of the Northeast quarter; the North line of said South half of the Northwest quarter; thence along said North line along said West line North 00006'34" East, thence 1294.97 feet to the POINT OF BEGINNING of this description, excepting therefrom the following described strip of land: Im TST, INC. Con�ultlnp Enginwn Revi5e4 5/L7�9i M., SHEET 2 OF J