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Home My WebLink AboutSUNSTONE VILLAGE PUD FOURTH - Filed ED-EASEMENT DEDICATION - 2011-12-09EASEMENT DEDICATION KNOW ALL BY THESE PRESENTS: That Dan Eckles, Trustee ("Grantor"), being the owner of the following described land, Tract A, Block 9, SUNSTONE VILLAGE P.U.D. FOURTH SUBDIVISION City of Fort Collins, County of Larimer, State of Colorado does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado ("City"), for public use a nonexclusive temporary fifteen (15.00) foot easement ("Easement") for Storm Drainage, Slope and Utility Easement and a temporary fifty (50.00) foot construction easement immediately adjacent to and on the Easy side of Timberline Road and on the Westerly side of the herein after described real property situated in the City of Fort Collins, County of Larimer, State of Colorado more particularly described on Exhibit A-1 and A-2 attached hereto. The Easement may be used only for the aforesaid purpose. All construction and other work within the Easement shall be in accordance with and subject to any applicable P.U.D., laws, ordinances, regulation, guidelines and requirements of the City Conditions and Restrictions and Grant of Easements, 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 to its condition immediately prior to the initiation of constructions, 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 its 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 attorney's fees, losses, claim 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 person or entity, its employees, agents, contractors, subcontractors and others under its 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 not have the duty to restore the surface, repair damages or indemnify, as hereinbefore required of "persons or entities." 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 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 January, 1995. OAK FARM, INC., a Colorado Corporation ATTE T: Roberta S. Mart in, Secretary Michael S. Byrne, Prersident STATE OF COLORADO ) ss. COUNPI OF LARIMER ) The foregoing instrument was acknowledged before me this _ ci �� day of January, 1995 by Michael S. Byrne and Roberta S. Martin, as President and Secretary, respectively, of Oak Farm, Inc., a Colorado Corporation. WITNESS my hand and official seal. My commission expires: (S E A L) Notary Public ATTORNEY'S CERTIFICATE This is to certify thaton the /,)'' day of 1995.1 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 herein as of said date. x% Michael A. Maxwell Hasler, Fonfara & Maxwell 125 South Howes, 6th Floor Ft. Collins, CO 80521 Registration No. 8755 Accepted by the City of Fort Collins on the day of , 199 rsmoakease.doc City Clerk %solo EXHIBIT "A-1" A tract of land located in the West Half of Section 32, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Tract A, Block 9, SUNSTONE VILLAGE P.U.0. FOURTH SUBDIVISION Said parcel contains 5.26 acres, more or less, and is subject to all existing easements and/or rights of way of record. Z w W w Q E2 z w 0 . LLI o Q o CL cn N U QQ Z CD w oz J I X Wwo m 1 �b -Q I �--- I w M w wZ _ 0� z oC) X z I �� WZ I z I Lr' " w w o cwi� Ln CL zi s0 o I _o �z Q I o m Q I I I 0 o _ _ m U lqw City of Fort Collins Engineering Department m Map # 9 December 10, 1992 In RE: Tract A, Block 9, SUNSTONE VILLAGE P.U.D. FOURTH SUBDIVISION City of Fort Collins, County of Larimer, State of Colorado Super Group, Inc., a Colorado Corporation -- Seller Dan Eckles, Trustee -- Purchaser BY THIS AGREEMENT, the undersigned Super Group, Inc., a Colorado Corporation does hereby assign all its right, title and interest in and to the terms, conditions, provisions, agreements and obligations of that certain Development Agreement dated December 5, 1988 and evidenced by Notice as recorded March 3, 1989 at- Reception No. 89012648 of the Larimer County records to Dan Eckles, Trustee. WITH the signing of this agreement, Dan Eckles, Trustee does hereby accept said assignment and acknowledges receipt of a fully executed copy of said Development Agreement and the Notice of record of said Agreement. SUPER GROUP, INC., a Colorado Corporation -- Assignor b� t.�P AWRENCE M. KENDALL, President DAN.[CK V�Truste -- nee r.' STATE OF COLORADO ) ss.