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HomeMy WebLinkAboutPROSPECT PARK EAST PUD - Filed ED-EASEMENT DEDICATION - 2003-01-31Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 82302 P070' 6020:61 1984DEC 13 AM11:09 CouffTy tir1.AMER STATE OF COLORADO DRAINAGE EASEMENT AND AGREEMENT THIS INSTRUMENT made this 29th day of October, 1984, by and between LUCILE V. ANDERSON, whose mailing address is 714 East Elizabeth, Fort Collins, Colorado 80524, hereinafter referred to as "the Grantor," and WILLIAM W. REYNOLDS and PROSPECT PARR EAST PARTNERSHIP, a Colorado General Partnership, the mailing address of which is Post Office Box 1666, Boulder, Colorado 80306, hereinafter referred to as "the Grantees." WITNESSETH: The Grantor, for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable considera- tion, to the Grantor in hand paid by the Grantees, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the Grantees, their heirs, administrators, successors, and assigns, forever, a perpetual easement thirty feet (30') in width, situate fifteen feet (15') on each side of a centerline, which is located in the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the West line of the said Northeast 1/4 as bearing S 00018'30" E and with all bearings contained herein relative thereto, which centerline begins at a point which bears N 00018130" W 535.00 feet and again N 53041'30" E 64.72 feet and again N 17041'30" E 36.72 feet from the Southwest corner of the Northwest 1/4 of the said Northeast 1/4 and run thence N 17041130" E 40.00 feet more or less to the existing pond. The purpose of said easement is for the installation, construction, repair, maintenance, and reconstruc- tion of a drainage ditch to serve the real property which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "the Exhibit 'A' Property"), together with all rights and privileges which may be necessary or incidental to the reasonable and proper use of such easement. The Grantor expressly agrees to accept the storm drainage from the Exhibit "A" Property and to allow said drainage to flow into the said existing pond. The foregoing easement shall be deemed an appurtenance to the Exhibit "A" Property, which shall "run with the land." The owners of the Exhibit "A" Property, or any association created by said owners for the purpose of maintaining roads, trails, easements, and other common areas located within the Exhibit "A" Property, shall be responsible for the cleaning, restoring, repairing, and maintaining of the drainage ditch which is to be constructed pursuant to the easement granted herein. The owners of the Exhibit "A" Property shall also be responsible for any damages caused by the flooding or erosion of the drainage ditch. The Grantor shall have no obligation to pay for the cleaning, restoring, repairing, or maintaining of said ditch. The owners of the Exhibit "A" Property shall also be responsible, at their expense, to maintain the quality of the storm drainage water which drains into the Grantor's said pond so as not to damage aquatic life in said pond, or contaminate said pond for livestock drinking purposes. The owners of the Exhibit "A" Property shall not be responsible for damages resulting from floodwaters originating on property upstream from the Exhibit "A" Property. B2302 P0787 DATED the day and year first above written. lCTCLE V. ANDERSON "the Grantor" LLIAM W. REYNOL S PROSPECT PARR EAST PARTNERSHIP, a Col ado General Partnership Ey William W. Reyno , Gen. Partner "the Grantees" STATE OF COLORADO ) as. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 29th day of October, 1984, by LUCILE V. ANDERSON. WITNESS my hand and officia My commission expires: I/1/i STATE OF COLORADO as. COUNTY OF QA_..rwt- ) 31S+ The foregoing instrument was acknowledged before me this ZDl-F day of October, 1984, by WILLIAM W. REYNOLDS, Individually and as General Partner in PROSPECT PARE EAST PARTNERSHIP, a Colorado General Partnership. WITNESS my hand and official seal. My commission expires: 3 00, Notary Publics - 2 - 8,2302 P0788 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DRAINAGE EASEMENT AND AGREEMENT BETWEEN LUCILE V. ANDERSON ("THE GRANTOR") AND WILLIAM W. REYNOLDS AND PROSPECT PARR EAST PARTNERSHIP ("THE GRANTEES") LEGAL DESCRIPTION OF THE EXHIBIT A PROPERTY Lots 1 through 31, Centerpoint Park, and a portion of Specht Point Road, all of Broken Point Road, a portion of Sharp Point Drive, and all of Midpoint Court, which is all more particularly described as follows: Considering the West line of the North 1/2 of Section 20, Township 7 North, Range 68 West of the 6th P.M., Fort Collins, Larimer County, Colorado, as bearing N 00026'40" East and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 00031140" W 58.62 feet, and again N 89*28120" W 54.00 feet from the North 1/4 corner of said Section 20, and run thence S 00"31'40" W 982.03 feet; thence along the arc of a 365.29 foot radius curve to the left, a distance of 333.07 feet, the long chord of which bears S 25*35136" E 321.65 feet; thence S 51042'52" E 7.84 feet; thence N 89"08'07" W 93.81 feet; thence N 89009145" W 640.60 feet to a point on the Easterly line of Midpoint Drive; thence along the Easterly and Northerly lines of Midpoint Drive, N 00018'30" W 179.67 feet, and again along the arc of a 552.19 foot radius curve to the left, a distance of 843.41 feet, the long chord of which bears N 44003153" W 763.78 feet, and again N 87049116" W 453.12 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 22.93 feet, the long chord of which bears N 44001'41" W 20.76 feet; thence N 00014106" W 629.05 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 24.17 feet, the long chord of which bears N 45056" E 21.64 feet to a point on the South line of East Prospect Road; thence along said South line, S 87053154" E 524.53 feet, and again along the arc of a 2840.75 foot radius curve to the right, a distance of 196.05 feet, the long chord of which bears S 85055117" E 196.01 feet, and again S 83056139" E 856.37 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 22.12 feet, the long chord of which bears S 41042130" E 20.17 feet to the point of beginning. - 3 - B2302 P0189 '6M6®A'I'3 ANfhtt9 CO.'Y(Ty 0= ?ARMS". STATE Or COLORADO DRAINAGE EASEMENT AND AGREEMENT THIS INSTRUMENT made this 20th day of November . 1984, by and between THE CITY OF FORT COLLINS, a Colorado Municipal Corporation, the mailing address of which is 300 Laporte Avenue, Fort Collins, Colorado 80521, hereinafter referred to as "the Grantor," and WILLIAM W. REYNOLDS and PROSPECT PARR EAST PARTNERSHIP, a Colorado General Partnership, the mailing address of which is Post Office Box 1666, Boulder, Colorado 80306, hereinafter referred to as "the Grantees." WITNESSETH- The Grantor, for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable considera- tion, to the Grantor in hand paid by the Grantees, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the Grantees, their heirs, administrators, successors, and assigns, forever, a perpetual easement thirty feet (30') in width, situate fifteen feet (15') on each side of a centerline, which is located in the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 7 North, Range 68 West of the 6th P.M., Fort Collins, Colorado, which considering the West line of the said Northeast 1/4 as bearing S 00018'30" E and with all bearings contained herein relative thereto, which centerline begins at a point on the West line of the said North- east 1/4 which bears N 00018130" W 535.00 feet from the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of said Section 20 and run thence along the arc of a 55.06 foot radius curve to . the left a distance of 69.18 feet, the long chord of which bears N 53041130" E 64.72 feet; thence N 17041130" E 36.72 feet to the end of said centerline. The purpose of said easement is for the installation, construction, repair, maintenance, and reconstruc- tion of a drainage ditch to serve the real property which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "the Exhibit 'A' Property"), together with all rights and privileges which may be necessary or incidental to the reasonable and proper use of such easement. The foregoing easement shall be deemed an appurtenance to the Exhibit "A" Property, which shall "run with the land." The owners .- of the Exhibit "A" Property, or any association created by said owners for the purpose of maintaining roads, trails, easements, and other common areas located within the Exhibit "A" Property, shall be responsible for the cleaning, restoring, repairing, and maintaining of the drainage ditch which is to be constructed pursuant to the easement granted herein. The owners of the Exhibit "A" Property shall also be responsible for any damages caused by the flooding or erosion of the drainage ditch. The Grantor shall have no obligation to pay for the cleaning, restoring, repairing, or maintaining of said ditch. DATED the day and year first above written. THE CITY OF FORT COLLINS, ATTEST,.'- a Colorado Municipal Corporation r By ry y� M " ayo the Grantor" PROSPECT PARR EAST PARTNERSHIP, a Colorado General Partnership By IMLIAM W. REYNOLD W1111aM W. -Partner,e "the Grantees" 82302 P0790 STATE OF COLORADO ) as. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 20th day of November , 1984, by Gerry Horak as Mayor and _ Wanda M. Kralicek as city Clerk,;, respectively, of THE CITY OF FORT COLLINS, a Colorado !W" my hand and official seal. 'sion expires: ^;.�..c`: Not2niy.)•uIO dC�G� Q:!/P/hu-L STATE OF COLORADO ) as. COUNTY OF � .The foregoing instrument was acknowledged before mpt 4444day of September, 1984, by WILLIAM W. REYNOLDS, Inq an General Partner in PROSPECT PARE EAST PARTNIPS* Colorado General Partnership. WITNESS my hand and official seal. My commission expires: - 2 - B2302 P0791 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DRAINAGE EASEMENT AND AGREEMENT BETWEEN THE CITY OF FORT COLLINS ("THE GRANTOR") AND WILLIAM W. REYNOLDS AND PROSPECT PARR EAST PARTNERSHIP ("THE GRANTEES") LEGAL DESCRIPTION OF THE EXHIBIT A PROPERTY Lots 1 through 31, Centerpoint Park, and a portion of Specht Point Road, all of Broken Point Road, a portion of Sharp Point Drive, and all of Midpoint Court, which is all more particularly described as follows: Considering the West line of the North 1/2 of Section 20, Township 7 North, Range 68 West of the 6th P.M., Fort Collins, Larimer County, Colorado, as bearing N 00026140" East and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 000311400 W 58.62 feet, and again N 89.28'20" W 54.00 feet from the North 1/4 corner of said Section 20, and run thence S 00.31140" W 982.03 feet; .. thence along the arc of a 365.29 foot radius curve to the left, a distance of 333.07 feet, the long chord of which bears S 25035136" E 321.65 feet; thence S 51.421520 E 7.84 feet; thence N 89008'07" W 93.81 feet; thence N 89009'45' W 640.60 feet to a point on the Easterly line of Midpoint Drive; thence along the Easterly and Northerly lines of Midpoint Drive, N 00*18130" W 179.67 feet, and again along the arc of a 552.19 foot radius curve to the left, a distance of 843.41 feet, the long chord of which bears N 44003153" W 763.78 feet, and again N 87049116" W 453.12 feet; thence along the arc of a 15.00 foot ., radius curve to the right, a distance of 22.93 feet, the long chord of which bears N 44001141" W 20.76 feet; thence N 00.14106" W 629.05 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 24.17 feet, the long chord of which bears N 45"56" E 21.64 feet to a point on the South line of East Prospect Road; thence along said South line, S 87053154" E 524.53 feet, and again along the arc of a 2840.75 foot radius curve to the right, a distance of 196.05 feet, the long chord of which bears S 85055'17" E 196.01 feet, and again S 83056139" E 856.37 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 22.12 feet, the long chord of which bears S 41042'30" E 20.17 feet to the point of beginning. - 82306 ?0225 ,� �� :333 Ifto 1985JAN ?93:35 ,7TJ F _A STA f� 0, CO_0?r,�� EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That G B VENTURES, a Colorado General Partnership, and PROSPECT PARR EAST PARTNERSHIP, a Colorado General Partnership (hereinafter "the Undersigned"), being the owners of Prospect Park East, P.U.D., according to the recorded plat thereof, City of Fort Collins, County of Larimer, State of Colorado (hereinafter "Prospect Park East, P.U.D"), do hereby dedicate, transfer, and convey to the City of Fort Collins all rights and privileges of the Undersigned under and pursuant to that certain "Drainage Easement and Agreement" dated November 20, 1984, and recorded December 13 , 1984, in Book 2 30a1 at Page QZ 6 of the Larimer County, Colorado records (hereinafter "the Drainage Easement"). The Grantor of the Drainage Easement is Lucile V. Anderson and the Grantees thereof are William W. Reynolds and Prospect Park East Partnership, a Colorado General Partnership. The Drainage Easement is an appurtenance to Prospect Park East, P.U.D.; and the Undersigned are the owners of Prospect Park East, P.U.D., William W. Reynolds having conveyed his interest therein to G B Ventures. DATED this _1 day of November, 1984. STATE OF COLORADO ss. COUNTY OF LARIMER PROSPECT PARK EAST PARTNERSHIP, a Co orado General Partnership By 7 `/ WlIliam W. Reynolds, Gen. Partner G B VENTURES, a Colorado General Partnership t By �cOc,�L�. yr YN���CY William W. Reyl lds, Gen. Partner The foregoing instrument was acknowledged before me this /5f'ti day of November, 1984, by William W. Reynolds,-G��' Partner in PROSPECT PARK EAST PARTNERSHIP, a Colorado ,gintera2--, Partnership, and in G B VENTURES, a Colorado General P.artnershLp4l'. WITNESS my hand and official seal. My commission expires: II�Io�P� Notary Public B2306 P0226 %W M ATTORNEY'S CERTIFICATE ^' This is to certify that on the _ IS day of November 1984 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 as shown hereon as of said date. Timot y w. Hasler Address: 125 South Howes, Suite 650 Fort Collins, Colorado 80521 Registration No. 1958 Page is too large to OCR. RESOLUTION 84-167 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH WILLIAM W. REYNOLDS AND PROSPECT PARK EAST PARTNERSHIP GRANTING A PERPETUAL DRAINAGE EASEMENT ACROSS CITY PROPERTY AND PROVIDING FOR THE MAINTENANCE OF SAID EASEMENT WHEREAS, Prospect Park East PUD was approved by the Planning and Zoning Board on August 27, 1984; and WHEREAS, an off -site drainage easement is needed for Prospect Park East PUD; and WHEREAS, said easement crosses City property; and WHEREAS, the City has determined the fair market value of the property and Prospect Park East Partnership (the Developer) has agreed to pay One Hundred Dollars ($100.00) to the City for this easement; and WHEREAS, the Developer has agreed to maintain said easement and to be responsible for damages resulting from flooding or erosion; and WHEREAS, the rights of the residents of the City of Fort Collins will in no way be prejudiced by the granting of this easement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and he hereby is, authorized to enter into an Agreement with William W. Reynolds and Prospect East Partnership granting a perpetual drainage easement across City property for the sum of One Hundred Dollars ($100.00) and providing for the maintenance of said easement. Passed and adopted at a regular meeting of the City Council held this 20th day of November, 1984. Al_� N'Dte L Mayor Lq 1 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.