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HomeMy WebLinkAboutHARMONY MARKET PUD - Filed ED-EASEMENT DEDICATION - 2002-11-27RCPTN # 89029106 06/ /89 11:26:is # OF PACE - 6 FEE - M. RODENRERCER, RECORDER - LARIMER COUNTY CO STATE DOC FEE - EASEMENT DEDICATION KNOW ALL BY THESE PRESENTS: That Oak Farm Inc., a Delaware corporation ("Grantor") being the owner of the following described land, to -wit: A portion of the northeast quarter of Section 1, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado $1R.00 $.a0 does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado ("City"), for public use a nonexclusive permanent easement for drainage and a temporary easement for drainage (collectively "Easement") in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit A attached hereto and by reference made a part hereof. The Easement may be used only for the aforesaid purpose(s). All construction and other work within the Easement shall be in accordance with and subject to any applicable P.U.D., laws, ordinances, regulations, guidelines and requirements of the City and the Declaration of Establishment of Protective Covenants, Conditions and Restrictions and Grant of Easements for Harmony Market, as any of the foregoing may be amended from time to time and whether or not of record as of the date of this Easement. Any person or entity performing construction and other work within the Easement shall, upon completion of construction and at its sole cost and expense, restore the surface of the ground and to the condition it was in immediately prior to the initiation of construction, except as necessarily modified to accommodate improvements installed within the Easement, which restoration shall be completed within 30 days after the date of completion of such improvements. Any such person or entity shall properly repair any and all damage caused by or arising from their performance of construction or other work within the Easement and shall indemnify and hold the Grantor, its directors, officers, employees, invitees, agents, successors and assigns harmless from any and all expenses, including reasonable attorneys' fees, losses, claims or damages, specifically including damages to the property of Grantor or its successors and licensees, arising from the performance of construction or other work within the Easement by such parson or entity, their respective employees, agents, contractors, subcontractors and others under their direction or control. It is understood that the City is not a "person or entity" which will be engaging in the performance of construction or other work within the easement and, accordingly, shall have no duty to restore the surface, repair damages or indemnify, as hereinbefore required of "persons or entities." - Grantor, Grantor, its successors and assigns, shall have the right, at their expense, to relocate the Easement and any improvements therein, if necessary in their discretion for development or sale of properties owned by them in the vicinity of the Easement. The Easement shall automatically terminate on the platting of the property including the Easement or the movement of the Easement pursuant to the preceding paragraph. 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 )<)" day of 1989. OAK FARM INC., a Delaware ATTEST: corporation Ro erta S. Martin, Secretary Michael S. Byrne; President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this `^ day of , 1989 by Michael S. Byrne and Roberta S. Martin, as President and Secretary, respectively, of Oak Farm Inc., a Delaware corporation. Subscribed and sworn before me this )u(' day of , 1989. My Commission Expires:`�� Notary Publics 6'= EXHIBIT "A" DESCRIPTION FOR 20 FOOT PERMANENT DRAINAGE EASEMENT AT OAKRIDGE DRIVE AND SOUTH. A Permanent drainage easement over and across portions of that certain parcel located in Section 1, Township 6 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: An easement 20 feet in width located on the subject parcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel, and shall be 10 feet each side measured at right angles and parallel with the centerline described as follows: Considering the East line of the Northeast Quarter of said Sec- tion as bearing, South 0°10'00" West, from a found number four rebar with yellow cap at the Northeast corner, to a found rebar in a valve box at the East Quarter corner of said Section 1 and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section l; thence along said East line, South 0°10'00" West, 1748.31 feet; thence, North 89°50'00" West, 700.00 feet to the said centerline, said point being the Point of Beginning; thence along said centerline, North 89°50'00 West, 10.00 feet; thence, North 0°10'00 East, 438.19 feet to a point on a curve concave to the West having a central angle of 34°47'43 a radius of 200.00 feet and the chord of which bears North 17013'51" West, 119.60 feet; thence along the arc of said curve 121.46 feet; thence, North 34°37'43 West, 151.68 feet to Point "A", said point being the terminus of said Permanent Drainage Easement. The above described easement contains 0.332 acres more or less and is subject to all easements and right-of-way now on record or existing. DESCRIPTION FOR 20 FOOT TEMPORARY DRAINAGE EASEMENT NORTH OF OAK - RIDGE DRIVE A temporary drainage easement over and across portions of that certain parcel located in Section 1, Township 6 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: An easement 20 feet in width located on the subject parcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel, and shall be 10 feet each side measured at right angles and parallel with the centerline described as follows: Beginning at aforementioned Point "A"; thence, South 71°53'48" West, 441.73 feet; thence, North 90°00'00" West, 35.00 feet to the terminus of said Temporary drainage easement. The above described easement contains 0.219 acres more or less and is subject to all easements and right-of-ways now on record or existing. May 10, 1989 Job # 306-003 3nN3nd ),VN3� \%u too \ N -� 3niaa ��dMa�d e ATTORNEY'S CERTIFICATE This is to certify that on the 26th day of May, 1969, I examined the title to the property as described hereon and established that the owners and proprietors of record of the said property as construed in C.R.S. 1973, 31-23-111, are shown hereon as of said date. Ways B. Schroeder Calkins, Kramer, Grimshaw & Harring 1700 Lincoln Street, Ste. 3800 Denver, Colorado 80203 Registration No. 2447 z O D C C y � i e ri r m m V V cf) G m Z u _/ u J uu�uuu11111 1 Ilium" 4UU111111 m K m z 4 m 3 m z 1 V U u m P^,AP2 =fJAY =`iu=