HomeMy WebLinkAboutHARMONY TECHNOLOGY PARK - Filed ED-EASEMENT DEDICATION - 2002-11-25RCPTN # 99066573 07/27/99 11:23:00 # PAGES - 6 FEE - $30.UU
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
WATER UTILITY EASEMENTS
THIS WATER UTILITY EASEMENTS, made this 6th day of February, 1998,
between Hewlett-Packard Company, a California corporation, of the County of Larimer,
Colorado, Grantor, whose address is 3404 East Harmony Road, Fort Collins, Colorado
80525, and The City of Fort Collins, Colorado, a municipal corporation, Grantee,
whose address is 300 Laporte Avenue, Fort Collins, Colorado 80521.
WITNESSETH:
For and in consideration of the covenants and agreements herein set forth, the sum
of Ten Dollars ($10.00), and other good and valuable consideration in hand paid by the
Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the
Grantor hereby grants, sells and conveys to the Grantee, its successors and assigns,
perpetual nonexclusive water utility easement and right-of-way to install a water line and
related facilities on, along, through and under the hereinafter described real property
situated in the County of Larimer, State of Colorado, being more particularly described on
Exhibit A-1 and shown on Exhibit A-2, both of which exhibits are attached hereto and by
this reference made a part hereof.
The Grantor further grants to the Grantee:
(a) the right to access such water utility improvements at times and in ways
authorized by the Grantor from time to time, which access shall not be unreasonably
withheld, and
(b) the right to mark the location of said easements by suitable markers set in
the ground, provided that said markers shall be placed in locations which will not interfere
with any reasonable use Grantor shall make of said easements.
Grantor reserves the right to use said easements for purposes which will not
interfere with Grantee's exercise or use of the rights hereby granted; and the parties
further agree that the uses of said easements by Grantor and the agreements concerning
those uses shall be as follows:
(a) Grantor shall not erect or construct any building or other structure that
interferes with the purpose of said easements.
(b) The use of said easements by Grantee shall comply with any Federal, State
or local laws, rules, regulations and ordinances.
Grantor states that it is the lawful owner in fee simple of the real property
described herein and that it has a good and lawful right to grant said easements.
JC -ry OF PORT COLLIMS
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Grantee, in consideration for the easements herein granted, covenants and agrees
with Grantor as follows:
1. Grantee, to the extent permitted by law and by Article V, Section 16 of the
Fort Collins City Charter, will hold Grantor harmless and indemnify Grantor from any
claims for damages arising out of Grantee's negligence in the use and exercise of the
easements herein granted made by third parties for personal injury, wrongful death or
property damages, including any attorneys' fees, expert witness fees or other fees and
expenses incurred by Grantor as a result of any such claims.
2. Grantor shall have a right of access to the said easement area and any pipes
or structures installed by Grantee thereon.
3. Prior to any construction, reconstruction, replacement, removal or change
of any kind of the easement improvements, Grantee will notify Grantor in writing thereof
and Grantor shall have the right to approve any such activity prior to commencement
thereof, which approval shall not be unreasonably withheld.
4. Grantee agrees to allow Grantor to erect fencing and/or gates across the
said easements, provided such fencing or gates will not interfere with Grantee's full
enjoyment of the Grantee's easements. Also, Grantor may post "no trespassing" or
"private property" or similar signs along the easements to exclude any use of Grantor's
property by third parties.
5. Once the Grantee has accepted the water utility improvement installed on
Grantor's property in accordance with Grantee's customary practices, Grantee agrees to
repair any ruts and repair and/or replace fences, water pipes, electrical lines, water and
electrical conduits, gates and similar items that are caused by or damaged by Grantee due
to Grantee's exercise or use of the said easements. Grantee shall maintain in good
condition at all times all structures, pipes, conduits and other devices installed on
Grantor's property for the purposes of the easements.
6. Grantee agrees to pay to Grantor any and all damages caused Grantor or
its property by Grantee's exercise of the easements.
All of the covenants herein contained shall be binding upon and inure to the benefit
of the parties hereto, their respective heirs, personal representatives, successors and
assigns.
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IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their
hands and seals the day and year first above written.
ATTEST:
APPROVED AS TO FORM:
Assistant City Attorne}.— 1)
HEWLETT-PACKARD COMPANY,
a California corporation
By
Robert Shuffler, Facilities Manager
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By
� ity Manager
-3-
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RECEPTION#: 20080071164, 11/17/2008 at
10:33:56 AM,
1 of 5, R $26.00 State Documentary Fee
$0.00 TD Pgs: 0
Scott Doyle, Larimer County, CO
DEED OF DEDICATION FOR EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Harmony Technology
Park, LLC, a Colorado limited liability company, being the owner of certain real property in Latimer
County, Colorado legally described at Reception No. 20080034504 in the Latimer 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 storm
sewer facilities 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 2Grday of us r, 2008.
Grantor: HARMONY TECHNOLOGY PARK,
LLC, a Colorado limited liability company
By: MAV Development Company, a
Mich' n corporation, its Manager
By: "V "I�
Robert Aldrich, its President
Name and Address:
Harmony Technology Park, LLC
C/o MAV Development Company
303 Ann Arbor Street
Detroit, Michigan 48104
State of U1 i5 tom- )
) ss
County of kveiw_iJ)
The foregoing instrument was acknowledged before me thisaL day of
2008, by Robert Aldrich as President of MAV Development Company, a Michigan c rporation,
as Manager of Harmony Technology Park, LLC, a Colorado limited liability company.
Witness my hand and official seal
pp E{i'c
My commission expires: L'u^^LEY
0 1 3 C,l _� 1'1OVAYPU6LICGWNTY OF , 3rare GK c+
AVJ
kV commk%ot4
9.x1 Af �1 •�rrINGINCOU"OEXPIRESauyf:,.,.:
"� City Cleric's Office, Fort Collins. Colorado
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 (c) inclusive of the Land Use Code of the City of Fort Collins and that all
Pei -soils 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 Larirner 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((-)(3)(t) of the Land Use Code.
At[onheddVy�--
Address
Cc.
Registration No. y'L
Date: q�2Z -c,�
This Deed of Dedication is accepicd b\ the Director Of Comnnuhity Planning and Eir, nonmental
Services pt rsuant to Section 2-1 .5 of the Land Use Code of the City of Fort Collins this (�� day
of ,2008.
—4`(hn
As delegee for the Director ofCornmunity Planning and
Environmental Services
ATTEST:
City Clerk
EXHIBIT A
Description of Parcel
A parcel of land lying in the Northwest Quarter of Section 4, Township 6 North, Range 68
West of the Sixth Principal Meridian; City of Fort Collins, County of Larimer, State of
Colorado; being more particularly described as follows:
Considering the South line of the Northwest Quarter of said Section 4 as bearing
North 88°4735" West and with all bearings herein relative thereto.
COMMENCING at the Center Quarter Corner of said Section 4; Thence along the South
line of the Northwest Quarter of said Section 4, North 88°47'35" West, a distance of 1390.53
feet; Thence North 00°18'21" West, a distance of 68.02 feet to the northerly right of way line
of Rock Creek Drive as described in Deed of Dedication recorded at Reception Number
2001095353; Thence along the northerly right of way line of said Rock Creek Drive,
North 88°47'35" West, a distance of 42.50 feet to the POINT OF BEGINNING;
Thence along the northerly right of way line of said Rock Creek Drive,
South 01 ° 12'25" West, a distance of 20.00 feet;
Thence North 88°40'51" West, a distance of 31.27 feet;
Thence North 01°19'09" East, a distance of 20.00 feet;
Thence South 88°40'51 " East, a distance of 31.23 feet to the POINT OF BEGINNING;
The above described parcel contains a calculated area of 625 square feet or 0.014 acres, more
or less and is subject to all easements and rights of way on record or existing.
Representation attached hereto and incorporated herein by reference.
David L. Swanson
Colorado Professional Land Surveyor Registration Number 36070
V:152871flecfiveU 8771 Ob40Asurvey�egals110640v-ex3-t.dac May14,2008
ag.MN
Page I of 2
A REPRESENTATION OF EXHIBIT A
A PARCEL OF LAND
LOCATED IN THE NW 1/4, SEC. 4, T. 6 N., R. 68 W., 6TH PM
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
UNPLATTED
PROPOSED
Y
HARMONY TECHNOLOGY
o u
PARK
o�
THIRD FILING
ao
00
Wz
ai
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w
POINT OF
DRAINAGE AND
BEGINNING
UTILITY EASEMENT
N88.4735lW
6
0.014 14 AC AC
1/�42.50'
ROCK CREEK L
2001
REC. N0. 2007_(
W 1/4 COR. SEC. 4
3-1/4" ALUM, CAP
LS 22098
0 1DO' 150' 200'
%%%% 7 11
ORIGINAL SCALE: 1'=100'
David L Swanson
Colorado Professional Land Surveyor
Registratlon Number 36070
68.02'
BASIS OF BEARINGS --�
S "VE, NW 114, S£C. 4
N88'47'35'W 2654.20'
POINT OF COMMENCEMENT
C 1/4 COR. SEC. 4
2-1/4" ALUM. CAP
IN RANGEBOX, LS 33193
LINE TABLE
LINE
BEARING
I DISTANCE
L1
S01'12'25"W
20.00'
L2
N88'40'51"N'
1 31.27'
L3
N01.19'09'E
20.00'
E4
S88'40'51'E
31.23'
THIS REPRESENTATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY.
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION.
S—TEC CONWITING
A REPRESENTATION OF EXHIBITA
187710640
SERVICES. INC.
HARMONY TECHNOLOGY PARK
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CO.
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FORTTHIRD
FORT COLLINS CO
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EPRESENTATION OF EXHIBIT A
A RROG40v-e
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SHEET 2 OF 3
14x9
LENDER'S CONSENT TO DEED OF DEDICATION FOR EASEMENT
Consent is hereby given this ,�p day of,! A,�,,, 2008, to the attached Deed of
Dedication for Easement ("Dedication"). The undersigned agrees and acknowledges that any
foreclosure or enforcement of any other remedy available to the undersigned under the Deed of
Trust, Security Agreement and Fixture Filing recorded on November 2, 2007 at Reception No.
20070082643 in the real property records of the County of Larimer, Colorado, or under any other
deed of trust or other security agreements existing for the benefit of the undersigned, will not
render void or otherwise impair the validity of the Dedication.
LENDER:
BANK
By:
ichard B. Morgan, V' President
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
CXThe foregoing instrument was acknowledges] before me, a notary public, thisl9 � of
� 5 i J ' , 2008, by Richard B. Morgan, ai,Vice President of Bank of Oklahoma, N.A-
I
Witness my hand and official seal.
My commission expires: (� >-
ETA
3LI
COLO1
104345-00003-1013045
I
Ll
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
SUBSCRIBED AND SWORN to before me this 4f day of February, 1998, by
..
1 bert Shufller, as Facilities Manager of Hewlett-Packard Company, a California
on, as Grantor.
SS my hand and official seal.
ROTARY �
44-
,- _1 �Lit I �� e.,�-E(��-��
Notary P lic � f omission Expires
My Commission Expires July 18, 1998
STATE OF COLORADO
) ss.
COUNTY OF LARIMER ) � , J-j The foregoing • strument was owledged before me this day of
February, 1998, by n3rs -FisH xc4h-, as City Manager, and Wanda M. Krajicek, as City
Clerk, of the City of Fort Collins, Colorado, a municipal corporation, as Grantee.
WITNESS my hand and official seal.
OLSP
o;
c
Notary Public
My Commission Expires
r; •..... �v
OF TORNEY'S CERTIFICATE
This is to certify that on the 6th day of February, 1998, I examined the title to the
property as described above and established that the owner of record of the said property
as construed in Section 31-23-111, CRS 1973, is as shown hereon as of said date.
David E. Dwyer, Esq. - Reg. 11153
First National Tower - Tenth Floor
214 West Oak Street
Fort Collins, Colorado 80521
\ EMHP\CELE=WAT R-ES 203
-4-
EXHHiIT A-1
A Utility Easement located in the Northwest Quarter of Section 4, Township 6 North,
Range 68 West, of the 6th Principal Meridian, City of Fort Collins, Larimer County,
Colorado, being more particularly described as follows:
Considering the North line of said Northwest Quarter of Section 4 as bearing South
89°40'08" East, with all bearings contained herein relative thereto:
Commencing at the Northwest corner of said Section 4; thence along said North line
thereof, South 89°40'08" East, 1394.32 feet; thence leaving said line, South 00°19'52"
West, 27.47 feet to the Northeast corner of Harmony Technology Park, First Filing said
point being a point on the East right-of-way line of Technology Parkway; thence along
said East right-of-way line of Technology Parkway by the following Seven (7) courses and
distances, leaving said South right-of-way line, South 00009'37" West, 6.53 feet to a point
on the are of a non -tangent curve concave to the Southeast, having a central angle of
90°18'15", a radius of 17.00 feet and the chord of which bears South 45°00'29" West,
24.11 feet, thence, along the arc of said curve 26.79 feet; thence, South 00°08'38" East,
200.00 feet to a point on a curve concave to the West, having a central angle of
08°03'17", a radius of 263.00 feet and the chord of which bears South 03°53'00" West,
36.94 feet, thence, along the arc of said curve 36.97 feet, thence, South 07054'39" West,
50.44 feet to a point on a curve concave to the Southeast, having a central angle of
08°03'17", a radius of 237.00 feet and the chord of which bears South 03°53'00" West,
33.29 feet; thence, along the arc of said curve 33.32 feet, thence, South 00°08'38" East,
214.49 feet to the POINT OF BEGINNING; thence leaving said East right-of-way line,
North 90°00'00" East, 22.81 feet; thence, South 00°08'38" East, 40.00 feet; thence, South
90°00'00" West, 22.81 feet to a point on said East right-of-way line of Technology
Parkway, thence along said East right-of-way line of Technology Parkway North
00°08'38" West, 40.00 feet to the POINT OF BEGINNING.
The above described Easement contains 0.021 acres more or less and is subject to all
easements and rights -of -ways now on record or existing.
-5-
WATER LINE EASEMENT
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER
OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF
THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
LARIMER COUNTY, COLORADO.
P.O.C.
NW CORNER
SECTION 4-6-68
FND 2' BRASS CAP
IN RANGE BOX
S 001
9'52" W
27.47'
(BASIS OF BEARINGS)
NORTH LINE OF THE NW1/4, SECTION
589'40'08'E 1394.32'
a
1
I
I
I
1 �
1
,
NORTH 1/4 COR.
SEC, 4, T. 6 N., R. 68 W.
FOUND #6 REBAR WITH
2-1/26 ALUM. CAP LS 14823
S 00'09'37" W S 01'43'05' E
4 Qom' �2^5.0�5' \
S89'50'23"E 833.94' -
S R-O-W UWE CO. STAli V11YY�
FOUND MONUMENT LS 14823
n = 90'18'15'
\R = 17.00
L = 26.79
BRG.= S 45'00'29" W
24.11
C, = 08'03'17'
R = 263.00
L = 36.97
- BRG.= S 03'53'00" W
36.94
S 07'54'39' W
60.44'
G = 08'03'17"
R c 237.00
L = 33.32
BRG.- S 03'53V" W
P.O.B. 33.29
EAST R-O-W LINE
TECHNOLOGY PARKWAY
HARMONY TECHNOLOGY
PARK, FIRST FILING SCALE: 1" = 100'
or DATE 1-19-98
N 90'00'00" E
22.81 NOTE: NO RECORDED OR EXISTING
EASEMENTS SHOWN HEREON.
S 00-08*38" E
40.00'
S 90'00'00" W
22.81'
EAST HARMONY ROAD
Water Utility
Easement to
a be Dedicated
0
a:
0
oF
VICINITY MAP 04/10/98
MAP #3 NTs
Proposed
Water Utility Easement.
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