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Home My WebLink AboutSOUTH SHIELDS STREET IMPROVEMENTS WEST PROSPECT ROAD TO WEST LAUREL STREET 1994 - Filed RD-ROW DEDICATION - 2004-11-18P;TTV OF P05r . RCPTN 4 i9�f5051045 08/2i/9S 12:So:00 # PAGE'S - _ FEE - $Zc.00 �iF.i C, j��., F:i C,(/C.✓E :,i�.1+ 1 �Z', L� 1, .r7i DEED OF EASEMENT THIS DEED, made this LL day of �-;,- 1995, between SOUKUP INVESTMENTS LTD. LIABILITY COMPANY, a Colorado Limited Liability Company, of the County of Larimer, State of Colorado (GRANTOR), whose address is 1013 Harbor Walk Court, Fort Collins, CO 80525, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation (GRANTEE), whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521. WITNESSETH: That 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, a perpetual easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time a sidewalk on, along, through and under all of the hereinafter described real property situated in the County of Larimer, State of Colorado, being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof. The Grantor further grants to the Grantee: (a) the right of ingress to and egress from said easement over and across said lands of the Grantor by means of roads and lanes thereon; provided, that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easement, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easement; (c) the right to mark the location of said easement 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 the property covered by the easement. Grantor reserves the right to use said the property covered by the easement for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties 1 further agree that the uses of said property by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction, or otherwise add to the ground level in said easements; and, (b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on said easements. The Grantor states that it is the lawful owner in fee simple of the real property described herein; that it has a good and lawful right and authority to grant, sell and convey said property or any part thereof and that it warrants the title of said property. 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 covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day and year first above written; and the Grantee has caused this Deed to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the day of 199'1�' . SOUKUP INVESTMENTS LTD. LIABILITY CO., a Colorado Limited Liability Company By: _X T V, STATE OF ss. COUNTY OF u4� r_ ) Subscribed and sworn to before me this _-day of ! _, 199 - , by-t,C-It,,r:,— ',, (,.;t)� , as Grantor. ` Witness my hand and official seal. My Commission expires: MY COAMINSION KXP1RES: Augwi 10, 1997 <,.��1*_.'��';..-�,/ Notary Public THE CITY OF FORT COLLINS, COLORADO, Municipal Corporation to ATTEST: City Clerk APPROVED AS TO FORM Assistant City Attorney 91 City Manager FYHTRTT "A" Paae 1 of 2 LOCATION SKETCH SOUKUP INVESTMENTS LTD. LIABILITY CO. NOTE: THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. NE CORNER 15-7-69 NTS I JUNE 29, 1995 3 rn b o O Uj O N I O � TPOB 0 0 N89'39'47' W �2 30.00' 0 0 vi N o n RECEPTION NO. o 94062331 3 M p o 0 M O E61 W W W N = O � N V1 I w z U PEDESTRIAN EASEMENT 2145 S.F. S89'39'47"E o EXIST. 30' ROW BIRCH ST. SDUKUR. EXHIBIT "A" Page 2 of 2 DESCRIPTION OF THE SOUKUP INVESTMENTS LTD., LIABILITY CO. PEDESTRIAN EASEMENT A Pedestrian Easement located in the Northeast Quarter of Section 15, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in that certain tract of land described in a Warranty Deed dated July 22, 1994 and recorded at Reception No. 94062331 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the northeast corner of the said section 15; THENCE along the east line of the said northeast quarter, South 00 degrees 00 minutes 13 seconds West for a distance of 825.00 feet to the north line of the said tract of land described at Reception No. 94062331; THENCE along the said north line, North 89 degrees 39 minutes 47 seconds West for a distance of 30.00 feet to the existing westerly right of way of South Shields Street and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said north line of the said tract of land described at Reception No. 94062331, North 89 degrees 39 minutes 47 seconds West for a distance of 13.00 feet; THENCE leaving the said north line, South 00 degrees 00 minutes 13 seconds West for a distance of 165.00 feet to the south line of the said tract of land described at Reception No. 94062331; THENCE along the said south line, South 89 degrees 39 minutes 47 seconds East for a distance of 13.00 feet to the said westerly right of way of South Shields Street; THENCE along the said westerly right of way, North 00 degrees 00 minutes 13 seconds East for a distance of 165.00 feet to the point of beginning. Containing 2145 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description and areas are based upon previously recorded plats and deeds and not upon a actual monumented field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 CRAIG 17497 _ C� , `� G C:R::... . IF CotoPQ up�nnr.�a��92`� A a" EXHIBIT "A" Page 1 of 2 LOCATION SKETCH SOUKUP INVESTMENTS LTD. LIABILITY CO. N NTS JUNE 29, 1995 NOTE: THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. W REION NO. 62331 9 PEDESTRIAN EASEMENT 2145 S.F. S89'39'47"E BIRCH ST. HE CORNER 15-7-69 M O O O uj O N I O w I I � o "' 30.00' 0 0 o 6 3 O o N V) p 0 H w (n 0 Z 0 3 " 0 0 0 o J o W � � J w W � I W Z U I� o EXIST. 30' ROW MAP #1