HomeMy WebLinkAboutHARMONY VILLAGE MOBILE HOME PARK - Filed RD-ROW DEDICATION - 2004-08-25RIGHT OF WAY AGREEMENT
This agreement, made and entered into thisV�day of-)— -, A.D.
by and between R03LRi ASMUS AND M—EN L. /1SFIUS of the County of Larimer,
State of Colorado, party of the first part, and the City of Fort Collins, a
Municipal corporation of the County of Larimer, State of Colorado, party of
the second part, WITNESSETH:
(hat for and in ccnsideration of the covenants and agreements herein and
the sum of Six Hundred and Sixty Dollars ($660.00) and other valuable considerations
in hand paid by second party to first party, receipt of which is hereby
acknowledged, first party has granted and conveyed, and by these presents does
grant and convey to second party, its successors and assigns, a Twenty (20)
foot wide RirIht-of-Way for the construction, maintenance, servicing and operation
of underground water supply line or lines in and upon lands situated in the
County of Larimer, State of Colorado, the centerline of said Right -of -Way
being as follows, to -wit:
Lying 10 feet: South and parallel and adjacent to the North line of the West
Half of the Southwest Quarter of Section 32, Township 7 North, Range 62, West
of the 6th Principal Meridian; the sidelines of which to be prolonged or
foreshortened so as to terminate on the boundary line of the grantor.
First party further agrees that during the construction of said utility
line or lines, second party may use a 30 foot wide area along said Right -of -Way,
in addition to the permanent Right -of -Way granted above.
As a part of the consideration hereof, and by acceptance of this grant
of Right -of -Way said second party agrees as follows:
1. That no more of said lands shall be used for the purpose of constructing
and maintaining said water supply line or lines than may be found absolutely
necessary by the Engineers and Contractors in charge of the work.
2. That said water supply line or lines shall be laid so that the top of
the line shall be at least two and one half (2�a) feet below the surface level of
the ground.
3. All trenches and excavations made in the iaying or repairinn of suer
pipeline shall be properly backfilled and as much of the orininal surface ".oil
as possible shall be placed on top. All Larne gravel, stories, and class wilt
be removed from the finished backfill after normal settling of the soil so
that the use and enjoyment of said land by first party will be suitable for•
the purpose now used. Second party will maintain the trench area for a two (2)
year period following the completion of construction.
4. Second party agrees to repair or replace all fences or drainacre tile,
or any other property of first party or others which may be damaged in the
course of or as a result of construction.
5. Second party further agrees to pay forthwith to first party a sum or'
One Thousand Nine Hundred Eighty Dollars ($1,980.00); said sum to be full r,nd
complete payment for damage to present and future crops within above described
Right -of -Way.
6. Second party agrees to allow first party taps on water main under tine
existing rates and policies in effect at the time of request for taps by first
party, and agrees that for the purposes of repayment for installation of any
water lines that the line will be considered to be half on first Party's
property and half on adjoining property; it is further agreed that first party
may make one connection for the existing building without repayment for the
water 'line installation.
7. It is agreed that this easement is for water supply lines only, and
that first parties reserve the right to grant or deny future easements on said
described property for the purpose of gas, sewer, and electrical power lines.
Whenever used herein the singular number shall include the plural, the
plural the singular, and the use of any gender shall be applicable to all
genders. All of the convenants herein shall be binding upon the respective
heirs, personall representatives, successors and assigns of the parties hereto.
It is understood and agreed that this agreement shall be binding upon the
heirs, personal representatives, successors or assigns of the parties hereto.
IN WITNESS WHEREOF, first party has hereunto set his hand and seal the day and year
first above written and second party has caused this agreement to be executed
by its Fiayor and its corporate seal to be hereunto affixed, attested by its
City Clerk pursuant to resolution adopted by the City Council of the City of
Fort Collins, on the _ day of �j� �c"1 _ A.D. 19_2
- 2 -
AZ ;,Z"
rs
irst�arty
THE CITY OF FORT COLLINS
LI C
/ Mayor
ATTEST:
City Clerk
Second Parties
COLINT'f OF LARiiiCR)
ss.
STATE OF COLORADO)
fiie foregoing instrument was acknowledged before me this day
ofJUN 2 2 1971 A.D. 19 , by __ll�?7�
Witness my hand and official seal.
My commission expires:
My Commission expires May 15,197;I
uolic
-3-
RIGHT OF WAY AGREVENT
This agreement, made and entered into this /�% dtvy of
A.O. 1971, by and bween ROi3ERT ASfUS ki+O HELCN L. AWS of tiie countV of Ldrin, q
State of Colorado, party of the first part, and the city of tort Collins, a
Micip of corroratinn of the County of Larimer, State of Colorado, party or"
Me socoad Part, WITNESSETH:
That for and in consideration of the covenants and agrecuunts herein an(i
thn, sum of Six Hundred and Sixty Dollars ($660.00) and other- valu"hie consideration-,
acknowiYned, first norty has granted and conveyed, and by these presonts dui,
grant and convey to second Party, its successors and assinns, a Twenty (20)
font wide Right -of -Way for the construction, maintenance, servicing and opt:'io ion
of underground sewer line or lines in and upon lands situated in the County cif
Larimer, State of Colorado, the centerline of said Pinht-of-Way being as follows,
to -wit:
Lvinn 10 feet hest and parallel and adjacent to the Fast line of the South Hale'
OF the Northwest Quarter of Section 32, Townshin 7 North, Range 68 blest of no
6th Principal i!eridian; the sidelines of which to be prolonged or foreshortened
so as to terminate on the boundary line of the grantor.
rirst party further agrees that during the construction of said sewer
line or lines, second party may use a 30 foot wide area along said Right -of -My,
in addition to the permanent Right -of -Way granted above.
As a part of the consideration hereof, and by accentance of this grant
Of PiOht-of-Way slid second Party agrees as fnilows:
1. That no more of said lands shall be used for the purpose of constructing
and maintaining said sewer line or lines then may be found absolutely necessary
by the Ennineers and Contractors in charge of the work.
2. That said sewer line or lines shall be laid so that the top of
the nine shall be at least two and one half (21) feet below the surface level of
the around.
3. All trenches and excavations made in the laying or repairing of such
pipeline shall be nronerly backfilled and as much of the original surface soil
as possible shall be placed on top. All larne nravel, stones, and clods will
ho vemovud from thn finishrd W rkfill wer nrrrmnl %eilling or the %oil uo
that the use and enjoyment of said land by first party will be suitable for
the Purpose now used. Second party will maintain the trench area for a two (2)
}agar neriod following the completion of construction.
A. Second party agrees to repair or replace all fences or drainage tile,
or any other Property of first party or others which may be damaged in the
course of or as a result of construction.
ri second party further norees to pay forthwith to first party a sum of
One Thouvnnd Mine Hundred Eighty Dollars ($1,980.00); said sum to be full and
crm plete naympnt for damano to present and future crops within the above described
Right-cf-Hay.
F. Second party agrees to allow first party taps of sewer main under the
existinn rate, and policies in effect at the time of renuest fnr tans by first
party, and agrees that for the purnnses of repayment for installation of any
serer lines that the line will he considered to he half on first party's
property and half on adioir)nn property; it is further agreed that first party
rQV male Pie connect,inn for the existinn building without repayment for the
sewer line installation.
7. It is agreed that this easement is for sewer lines only, and
that first parties reserve the right to grant or deny future easements on said
described property for the purpose of gas, water, and electrical power lines,
Whenever used herein the singular nurtier shall include the plural, the
plural the siinoular, and the use of any gender shall be applicable to all
oeners. All of the convenants herein shall be binding upon the respective
heirs, personal representatives, successors and assions of the parties hereto.
It is understood and agreed that this agreement shall be binding upon the
heirs, Personal representatives, successors or assions of the parties hereto.
IN UITNESS WHEREOF, first party has hereunto set his hand and seal the day anii
year first above written and second party has caused this agreement to be executed
by its Mayor and its corporate seal to be hereunto affixed, attested by its
City Clerk pursuant to resolution adopted by the City Council of the City of
i
Fort Collins, on the day of__ A.U. 19
T1 YS t FORT—
Fir;t arty
THE CITYf OP ,9 nRT COLLINS
6y
ATTEST:
f kv �ClerV:
S;!cond Parties
couviy Of LARIIIER)
55,
STATF. OF COLORADO
The forognina instrument was lcknovlledged before me this ' ,.
/ �,�/ /__.,� _...._ {
of / A.D. 14�� bYlC�d It z/:Z-»lt� _.
Witnoss my hand and official seal.
IIy commission exnires:
My Conunissinn expires May 15,V�;
�
RTCI'T OF 'JAB nEE!]hNT
l-, ul nil . gnri cnfnra, rl (_ills (]t 1.9 ay 11
A.11. 19� by and beLween Lorine G. Reed
of the County of Larimer, State of Colorado, party of the first part, and
the City of Fort Collins, a Municipal corporation of the County of Larimer,
State of Colorado, party of the second part, WITNESSETH:
That for and in consideration of the covenants and agreements herein
anc the sum of One Dollar ($1.00) and other valuable considerations in hand
paid by second party.to first party, receipt of which is hereby acknowledged.,
first party has granted and conveyed, and by these presents does grant and
convey to second party, its successors and assigns, a Twenty (20) foot wide
right of way for the construction, maintenance, servicing and operation of
an underground sewer line in,and upon lands situate in the
County of Larimer, State of Colorado, the center line of said right of way
being as follows, to -wit:
Roginning at the northwest corner of Section 32, T 7 N, R 61W, of the 6th
P.M., thence easterly along the north line of the northwest quarter of said
Section 32,2633.00 feet more or less to a point 10.00 feet west of the northeast
corner of said no*t)�est quarter, which is the true point of beginning, thence
soviherl.y paralle! to thv east 'line oi' said northwest quarter 1326 00
`act more or less to the point of terminus on the south property line.
First party further agrees that during the construction of said
line, second party may use a
30 foot wide
area along said right of way line, in addition to the permanent right of way
granted above.
As part of the consideration hereof, and by acceptance of this grant
of right of way, saki second party agrees as follows:
1. That no more of said lands shall be used cor the purpose of
constructing and maintaining said sewer line than may be found
absolutely necessary by the engineers and contractors in charge of the aor%.
2. That said _ sewer line shall be laid so that the top of the
18 incises
manholes shall be at least below the surface
level of the gro_u_d.
3. All trenchws aW excavaL[ons made in the laying or repairing of
such pipeline shall be properly bac!cfilled and as much of the original surface
soil as possible whnllbe placed on top. All large gravel, stones, and clods
will W ienwvcd from Lne finished MUM!. Second party will finish the
backfill after normal settling of the soil so that the use and enjoyment of
said land by first party will be suitable for the purpose now used. Second
p„rry W:77 rli,. Lrench rnre;r for n two (7) year period foll.owi.ng the
"1,.I i ni of r,i y�r.l i''i, 1. toil.
4. Second party agrees to pay to first party a sum computed at the
rate of. Fifty Cents (50G) per lineal foot of easement along the lands of
first party and the total sum to be so paid is $663.00
Dollars.
5. Second party agrees to repair and replace all fences or pasture
which may be damaged in the course of construction.
6. Payment in full for crop damage shall be at the rate of $1.50 per
foot, for a total payment of $1,989.00.
7. First party may tap line upon payment of normal fees and repayment
of construction cost. Such fees and construction costs are not due until
the time of request for service.
o. Repayment of the sewer cost shall be based upon actual construction
cost of the sewer, and will be divided equally with the property to the east
of first party.
9. The existing waste water ditch will be restored upon completion of
construction. -
S➢ienever used herain the singular number shall include the plural,
the plural the singular, and the usee of any gender shall be applicable to all
genders. All of the covenants herein shall be binding upon the respective
heirs, personal repres_.entativus, successors and assigns of the parties hereto.
it is understood and agreed that this % reemont sha11. be binding upon
the heirs, success Ors or assigns of the parties hereto.
(2)
IN L;1Ti�ESS [;llEI;1sOr, first party has hereunto set his hand and seal
the day and year gust above written and second party has caused this
Zr,wmi.-n'_ to 5" v,cut-up by its Mayor and its corporate seal to be hereunto
n Vince, MLuutcd l,y CILy Clerk pursuauL to rc—luLi0a adop L,j by tho
i
n. 4
I 1
I ist VArty
/
Mayor
_ 1 •'-��� ;_'sir � � � -
-TvW erk
fccuna Po"Kes
COUNTY OF LAW. 'T�.R ) Cn _ .1`y Of
SS. ns.
STATE O'' CO'.OP_ADO ..6ovrtp
forntu'og 'nsl rumem was ackvowleOned 4e.`ore me this 20C'.1__day Of
.._tees., ciy .pan,', aNd seal.
y COI1111LSG�O1 CXP'r'09: /^,'
.. / •,,h nn..� arm b,i
Notary Pubic