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HomeMy WebLinkAboutSOUTH TIMBERLINE ROAD AND EAST DRAKE ROAD INTERIM ROAD IMPROVEMENTS - Filed ED-EASEMENT DEDICATION - 2004-11-19RCPTN #• 98113141 12/24/98 10:13:00 # PAGES - 5 FEE - $26.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 [CONLEY.DEE 2/12/981 DEED OF UTILITY AND SLOPE EASEMENT Fr THIS DEED, made this > day of LL^ , r,r rq, 199V, between KENNETH G. CONLEY, of the County of Larimer, State of Colorado, GRANTOR, whose address is 2104 E. County Road 36, Fort Collins, Colorado 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 Four Thousand Five Hundred Twenty -Five Dollars ($4,525.00), 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 permanent easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, utilities including all underground and surface appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access, on, along, and in all of the all of the hereinafter described easement across those certain lands which are 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 easements 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 easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures constructed hereunder with any other number or type of public improvements, or other structures either in the original location or at any alternate location or locations within said easements; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; (d) the right to mark the location of said easements by suitable markers set in 1 j CITY OF FORT COLLINS EXHIBIT "A" Page 2 of 2 DESCRIPTION OF THE LIEBL PERMANENT UTILITY AND SLOPE EASEMENT & Slope A Permanent UtilitygEasement located in the Northwest quarter of Section 8, Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Permanent Utility Easement is also a portion of that certain tract of land described in a Warranty Deed recorded July 31, 1991 at Reception No. 91035551, records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the northwest corner of the said Section 8; THENCE along the west line of the said northwest quarter, South 00 degrees 01 minutes 58 seconds West for a distance of 861.68 feet to the northwest corner of the said tract described at Reception No. 91035551; THENCE along the north line of the said tract described at Reception No. 91035551, North 89 degrees 43 minutes 28 seconds East for a distance of 30.00 feet to the existing east right of way line of South Timberline Road, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said east right of way, South 00 degrees 01 minutes 58 seconds West for a distance of 300.48 feet; THENCE leaving the said east right of way, South 89 degrees 58 minutes 02 seconds East for a distance of 15.00 feet to a line which is 15.00 feet (measured at right angles) east of and parallel with the said east right of way; THENCE along the said parallel line North 00 degrees 01 minutes 58 seconds East for a distance of 300.56 feet to the said north line of the tract described at Reception No. 91035551; THENCE along the said north line, South 89 degrees 43 minutes 28 seconds West for a distance of 15.00 feet to the point of beginning. Containing 4508 square feet more or less. The above described easement 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 is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 RCPTN # 98016082 03/03/98 14:54:00 # PAGES - 5 FEE - $26.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $•00 [DELGRANDE.DEE 1/28/981 DEED OF UTILITY AND SLOPE EASEMENT THIS DEED, made this 4 day of-1,1999, between KENNETH J. DELGRANDE and STEPHANIE A. DELGRANDE of e County of Larimer, State of Colorado, GRANTOR, whose address is 2205 E. County Road 36, Fort Collins, Colorado 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 Four Thousand One Hundred Fifty- Nine Dollars ($4,159.00), 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 permanent easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, utilities including all underground and surface appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access, on, along, and in all of the all of the hereinafter described easement across those certain lands which are 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 easements 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 easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures constructed hereunder with any other number or type of public improvements, or other structures either in the original location or at any alternate location or locations within said easements; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; 1 (d) the right to mark the location of said easements 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 said easements. (e) the right to assign the easement at will of the City , in whole or in part, for the purpose of installation and maintenance of utilities. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement 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. - (c) Grantor shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the permanent easement without obtaining the specific written permission of the City. The parties acknowledge that the subject property currently has a field access off Timberline Road across the subject Easement. Larimer County, in its role as a regulatory entity, has agreed to permit the continuation of this point of access; however, the parties also acknowledge that the appropriate governmental entity retains the right to regulate or deny future access consistent with its policies and procedures. 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 Man2ger, attested to by its City Clerk, and its corporate seal to be hereunto affixed on theme ay of998. 2 I STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Kenneth J. Delgrande, Grantor SSiteplianie A. Delgrande, Grantor Subscribed and sworn to before me this L day of NJ� 1998, by Kenneth J. Delgrande and Stephanie as Grantors. _ Witness my hand and official seal. My Commission expires: Y P RICHAFAYE Rosm -ATTEST,: City Clerk APPROVED AS TO FORM rJ(' Assistant City Atf rn, y Notary Public THE CITY OF FORT COLLINS, COLORADO, Municipal Corporation By 4t J, City Manager 3 EXHIBIT "A" Page 1 of 2 DELGRANDE LOGATION SKETGh NW GOR.JAND/ GOUNTY RD. #3G 8-6-68 500001'58"W30.00'PERMUTIL. SLOP8315 ir Ln 04�300 in 5o� I L w in 0 m TI z 0 ��EP J z o R W 0 E NTS APRIL 22. 1997 TEMP. CONST. E5M'T. 83A 50. FT. TH15 SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. r - - - - - - - - O0 00 tih -h N89 04O'l8*E DELCRAN.DWG EXHIBIT "A" Page 2 of 2 '0 DESCRIPTION OF THE DELGRANDE PERMANENT UTILITY AND SLOPE EASEMENT A Permanent Utility and Slope Easement located in the Northwest quarter of Section 8, Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Permanent Utility and Slope Easement is also a portion of that certain tract of land described in a Quit Claim Deed recorded July 12, 1993 at Reception No. 93047300, records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the northwest corner of the said Section 8; THENCE along the west line of the said northwest quarter, South 00 degrees 01 minutes 58 seconds West for a distance of 30.00 feet to the northwest corner of the said tract recorded at Reception No. 93047300; THENCE along the north line of the said tract, North 89 degrees 32 minutes 10 seconds East for a distance of 30.00 feet to the existing east right of way of South Timberline Road and to the TRUE POINT OF BEGINNING of this description; THENCE along the said east right of way, South 00 degrees 01 minutes 58 seconds West for a distance of 554.52 feet to the south line of the said tract recorded at Reception No. 93047300; THENCE along the said south line, North 89 degrees 40 minutes 18 seconds East for a distance of 15.00 feet to a line which is 15.00 feet (measured at right angles) east of and parallel with the said east right of way; THENCE along the said parallel line, North 00 degrees 01 minutes 58 seconds East for a distance of 554.56 feet to the said north line of the tract recorded at Reception No. 93047300; THENCE along the said north line, South 89 degrees 32 minutes 10 seconds West for a distance of 15.00 feet to the point of beginning. Containing 8318 square feet, more or less. The above described easement 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 is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 RCPTN ## QgMQ573 Q^!1_/Q 11:24!00 #t PAGES - S FEE - 4?r.nT M PnT)PNPF_12l;FR PTP('_Pi)PR T,A_PTMFR (-OTTNTV CQ gTATF ',)(;C FFF - .R QQ [METCALF. DEE1 1/07/97] DEED OF UTILITY AND SLOPE EASEMENT THIS DEED, made this day of - .?/i , 1991 between KURT W. METCALF and CHARLOTTE M. METCALF, of the County of Larimer, State of Colorado, GRANTOR, whose address is 5428 S. County Road 11, Fort Collins, Colorado 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 One Thousand Four Hundred Three Dollars ($1,403.00), 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 permanent easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, utilities including all underground and surface appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access, on, along, and in all of the all of the hereinafter described easement across those certain lands which are 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 easements 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 easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures constructed hereunder with any other number or type of public improvements, or other structures either in the original location or at any alternate location or locations within said easements; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; >;IiY Of rOnT COLLINS (d) the right to mark the location of said easements 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 said easements. (e) the right to assign the easement at the will of the City, in whole or in part, for the purpose of installation and maintenance of utilities, without the consent of the Grantor. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor small not erect or construct any building or other struct, ire, or dri!! 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. (c) Grantor shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the permanent easement without obtaining the specific written permission of the City. 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 L day of Jc.- , 1992. 2 I STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me thisz 1� day ofjcwvuLzy 199,;� by Kurt W. Metcalf and Charlotte M. Metcalf as Grantors. Witness my hand and official seal. My Commission expires: /,,,/OD �pTAR� pU B L\� MY COMMISSION EXPIRE"' FFBRIJARV t4. ^'" ATTEST: 6F r AN="_� APPROVED AS TO FORM /1 Assistant City Atto'rr Notary Public THE CITY OF FORT COLLINS, COLORADO, Municipal Corporation 3 PAPI I _�A i ! .. - EXHIBIT "A" Page I of 2 METCALF N LOCATION SKETCH TENS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. NTS APRIL 22. 1997 I I I I 00589°32'30'W PERMANENT T"XIC UTIL. AND SLOPE ESM'T. 28OG 50. FT. o3r Ao 0 I o 0 o q5� I W coo OIL �N I w g O ; Z ��EPTI o K J O O O I m Z ~ TEMP. CONST. ESM'T. I 28OG 50. FT. NB9°32'10'E 30.00' rs r- 1 0 O o / 00 Op TPOB 1 I I 0 ICOR. z 5W 5-6-68 MEfCk F the ground; provided that said markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said easements. (e) The right to assign the easement at the will of the City, in whole or in part, for the purpose of installation and maintenance of utilities, without the consent of the Grantor. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement 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. (c) Grantor shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the permanent easement without obtaining the specific written permission of the City. 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 tha�4� day of , 199 r. GRANTOR: P" z9 Ce�, C- Kenneth G. Conley 2 EXHIBIT "A" Page 2 of 2 DESCRIPTION OF THE METCALF PERMANENT UTILITY AND SLOPE EASEMENT A Permanent Utility and Slope Easement located in the Southwest Quarter of Section 5, Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Permanent Utility and Slope Easement is also a portion of that certain tract of land described in a Quit Claim Deed recorded November 7, 1995 at Reception No. 95070293, records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the southwest corner of the said Section 5; THENCE along the west line of the said southwest quarter, North 00 degrees 10 minutes 00 seconds West for a distance of 500.00 feet to the south line of the said tract described at Reception No. 95070293; THENCE along the said south line, North 89 degrees 32 minutes 10 seconds East for a distance of 30.00 feet to the existing east right of way of South Timberline Road and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south line, North 89 degrees 32 minutes 10 seconds East for a distance of 15.00 feet to a line which is 15.00 feet (measured at right angles) east of and parallel with the said east right of way of South Timberline Road; THENCE along the said parallel line, North 00 degrees 10 minutes 00 seconds West for a distance of 187.07 feet to the north line of the said tract described at Reception No. 95070293; THENCE along the said north line, South 89 degrees 32 minutes 10 seconds West for a distance of 15.00 feet to the said existing east right of way of South Timberline Road; THENCE along the said right of way, South 00 degrees 10 minutes 00 seconds East for a distance of 187.07 feet to the point of beginning. Containing 2806 square feet more or less. The above described easement 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 is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 [ANDERSON.DEE11/05/971 DEED OF UTILITY AND SLOPE EASEMENT THIS DEED, made this ?tday of January 199 8, between JAMES R. ANDERSON AND DEBRA L. ANDERSON, of the County of Larimer, State of Colorado, GRANTOR, whose address is 5708 S. Timberline Road, Fort Collins, Colorado 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 Two Thousand Seventy Nine Dollars ($2,079.00), 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 permanent easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, utilities, including all underground and surface appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access, on, along, and in all of the all of the hereinafter described easement across those certain lands which are 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 easements 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 easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures constructed hereunder with any other number or type of public improvements, or other structures either in the original location or at any alternate location or locations within said easements; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; (d) the right to mark the location of said easements by suitable markers set in I the ground; provided that said markers shall be placed in locations which will Ynot interfere with any reasonable use Grantor shall make of said easements. (e) the right to assign the easement at the will of the City, in whole or in part, for the purpose of installation and maintenance of utilities, without the consent of the Grantor. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shaii 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. (c) Grantor shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the permanent easement without obtaining the specific written permission of the City. 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 lEh day of January , 19938 i ;fames R. Anderson, Grantor i Debra L. Anderson, Grantor 2 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this,7 day of � . Anderson and Debra L. Anderson as Grantors. Witness my hand and official seal. My Commission expires: James R. Hutkin Notary Public State of Colorado My commission expires 10/6/2001 ATTEST: APPROVED AS TO FORM Assistant City AWn otary ublic 199�, by James R. THE CITY OF FORT COLLINS, COLORADO, Municipal Corporation B, Q2 I . (L. aj City Manager EAnlUll rage 1 of \ NW GOR. B- `•k\ 8-6-68 ANDERSON LOCATION SKFTC�t 3 m� �0 o� 0 0 N89 °40'18'E PERMANENT UTIL. E5M'T. 4158 54 FT. � Nl"1 i� N f` n N IJ N KO w a W 0 Z w m N o Z NTS 57 APRIL 22. 1997 I TEMP. CONST. ESMT. 4159 5Q. FT. THIS SKETCH AND THE AREAS►\\\ — _. SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. 00 00 N89'43'28'E E EXHIBIT "A" Page 2 of 2 DESCRIPTION OF THE ANDERSON PERMANENT UTILITY EASEMENT A Permanent Utility Easement located in the Northwest quarter of Section 8, Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Permanent Utility Easement is also a portion of that certain tract of land described in a Warranty Deed recorded October 5, 1995 at Reception No. 95062401, records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the northwest corner of the said Section 8; THENCE along the west line of the said northwest quarter, South 00 degrees 01 minutes 58 seconds West for a distance of 584.45 feet to the westerly prolongation of the north line of the said tract described at Reception No. 95062401; THENCE along the said westerly prolongation, North 89 degrees 40 minutes 18 seconds East for a distance of 30.00 feet to the northwest corner of the said tract described at Reception No. 95062401 and to the TRUE POINT OF BEGINNING of this description; THENCE along the west line of the said tract described at Reception No. 95062401, South 00 degrees 01 minutes 58 seconds West for a distance of 277.26 feet to the south line of the said tract described at Reception No. 95062401; THENCE along the said south line, North 89 degrees 43 minutes 28 seconds East for a distance of 15.00 feet to a line which is 15.00 feet (measured at right angles) east of and parallel with the said west line; THENCE along the said parallel line, North 00 degrees 01 minutes 58 seconds East for a distance of 277.27 feet to the said north line of the tract described at Reception No. 95062401; THENCE along the said north line, South 89 degrees 40 minutes 18 seconds West for a distance of 15.00 feet to the point of beginning. Containing 4158 square feet more or less. The above described easement 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 is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 AGENDA ITEM SUMMARY I I, "M NUMBER: 12 DATE: March 17, 1998 FORT COLLINS CITY COUNCIL STAFF: Matt Baker/ Ron Mills SUBJECT: Second Reading of Ordinance No. 35, 1998, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Street Oversizing on Timberline Road from Stetson Creek Drive to Mail Creek Ditch. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: The widening of Timberline Road from Stetson Creek Drive to Mail Creek Ditch is scheduled for construction this spring. This project, adjacent to the Willow Springs PUD Subdivision, is being constructed through the Street Oversizing Program. On the east side of Timberline Road, south of Harmony Road, is the Scheller Subdivision which has dedicated right-of-way for the road improvements; however, additional utility and slope easements and temporary construction easements are required from the property owners south of the subdivision. Negotiations with two of the property owners are ongoing and all parties are hopeful that acquisition will be accomplished by agreement. Ordinance No. 35, 1998, was unanimously adopted on First Reading on March 3, 1998 and authorizes the City to begin condemnation proceedings if the negotiations for the utility and slope easements and temporary construction easements are not successful. The property owners understand that the City is taking this action and that staff will continue to negotiate in good faith to acquire the property. The property owners are: Kenneth G. Conley James L. And Pamela S. Liebl C2/17/1998 11:35 9702216534 FACILITIES PAGE 02 EXHIBIT "A^ CONLEY N 589°32'10'w LOCATION SKETCH 00 00 -°j. �. NT5 APRIL 22. 1997 TEMP, CON5T. ESM'T. PERMANENT 7050 SQ. FT, UTIL. AND SLOPE ESM'T. 7050 $0. FT. O O THIS SKETCH AND THE AREAS O Z�i� SHOWN DEPICT THE ATTACHED ~ PROPERTY DESCRrTION ONLY. $ 80O H Ag� AND DO NOT REPRESENT A MONLMENTED BOUNDARY SURVEY. Oa n O P Q 1 O O o[ 0 $ °a Z Z o 0 g w 9 m N89 °32'10'E i 30.00' ---_----_ O. b $ moo. moo. Br) TPOB COUNTY RD. 43G SW OOR. 5-G-68 Pale 1 of 9 CONLEY.DWG STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this . 'day of t ^d") '' '' , 1998, by Kenneth G. Conley as Grantor. Witness my hand and official seal. My Commission expires: _IELEN E. MAi50N NOT�°`�''' P E3LIC Notary Public cS7'ATf: C'L.OFdADO cc 0 My C0m17!l1)sion Expires 1/31/2002 ATTEST: ene. City Clerk APPROVED AS TO FORM Assistant City Att n y THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By. 1. City Manager k., L� EXHIBIT "A" Page 1 of 2 DESCRIPTION OF THE CONLEY PERMANENT UTILITY AND SLOPE EASEMENT A Permanent Utility and Slope Easement located in the Southwest quarter of Section 5, Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Permanent Utility and Slope Easement is also a portion of that certain tract of land described in a Quit Claim Deed recorded August 28, 1984 in Book 2287 at Page 487, records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the southwest corner of the said Section 5; THENCE along the west line of the said southwest quarter, North 00 degrees 10 minutes 00 seconds West for a distance of 30.00 feet to the westerly prolongation of the existing north right of way line of County Road 36; THENCE along the said prolongated line, North 89 degrees 32 minutes 10 seconds East for a distance of 30.00 feet to the existing east right of way of South Timberline Road and to the TRUE POINT OF BEGINNING of this description; THENCE along the said existing north right of way of County Road 36, North 89 degrees 32 minutes 10 seconds East for a distance of 15.00 feet to a line which is 15.00 feet (measured at right angles) east of and parallel with the said east right of way of South Timberline Road; THENCE along the said parallel line, North 00 degrees 10 minutes 00 seconds West for a distance of 470.00 feet to the north line of the said tract described in Book 2287 at Page 487; THENCE along the said north line, South 89 degrees 32 minutes 10 seconds West for a distance of 15.00 feet to the said east right of way of South Timberline Road; THENCE along the said east right of way, South 00 degrees 10 minutes 00 seconds East for a distance of 470.00 feet to the point of beginning. Containing 7050 square feet more or less. The above described easement 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 is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O_ BOX 580 FORT COLLINS, CO 80522 N NTS APRIL 22, 1997 PERMANENT UTIL. AND SLOPE E5111. 7050 50. FT. THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRTTION ONLY AND DO NOT REPRESENT A HO"E:NTED BOUNDARY SURVEY EXHIBIT "A" Page 2 of 2 589' 32'1O'W 00 C N69 °32'10T 3 30.00, O, 0O 04 r' o 00 CO TPOB z SW COP. 5-6-68 '00. 'oo. CONLEY LOCATION SKETCH TEMP. CONST. E5M'T. 7050 50. FT. COUNTY RD. #3G RCFTN # 98030621 041-..198 16:1.9:00 # PAGES - 5 FEE - $26.0C M RODF.NRERGER PF" ,FT ER, C?UN Y C"i STATE DOC FEE - $ -09 [LIEBL.DEE 2/13/981 DEED OF UTILITY AND SLOPE EASEMENT THIS DEED, made this day of- 199�, between JAMES L. LIEBL and PAMELA S. LIEBL of the County of Lar, mer, State of Colorado, GRANTOR, whose address is 5716 S. County Road 11, Fort Collins, Colorado 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 Nine Hundred Two Dollars ($902.00), 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, an exclusive permanent easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, an undergound telephone line, an overhead electrical line and a meter box including all undergound and surface appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access, on, along, and in all of the hereinafter described easement across those certain lands which are 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 easements 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 easements, 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 easements; (c) the right to mark the location of said easements 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 said easements. (d) the right to assign the use of the easement to U.S. West, South Fort Collins - Loveland Water District and Poudre Valley Rural Electric Association at the will of the City, in whole or in part, for the purpose of installation and r� I0 J r �a� maintenance of utilities, without the consent of the Grantor Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement 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. (c) Grantor shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the permanent easement without obtaining the specific written permission of the City. 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 Maqpger, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the -�— day of I� . I , 199�. 7� James L. Liebl, Grantor Pamela S. Liebl, Grantor 2 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of, 1998, by James L. Liebl and Pamela S. Liebl as Grantors. Witness my hand and official seal. io EfxME My Commission expires: t pICHARp Fco-r� Notary ublic ' " ATTEST: 1 70t ,-�Pity Clerk APPROVED AS TO FORM Assistant City Attdmey THE CITY OF FORT COLLINS, COLORADO, Municipal Corporation By City,Manager K EXHIBIT "A" 1 Of 2 NW GOR. 8—G-68 �m m� o� p TP08 O � 00 00 30.00' tiy' tiy' N89 °4J'28'E PERMANENT SLOPE UTIL_ ESM7. 4508 50. FT. 8 l N 0 OQz W Ln w � O Z � o J z oz °o W m NTS 57 APRIL 22. 1997 THIS SK£TO-t AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND DO NOT REPRESENT A MOK-HENTED BOLHOART SI.RVET. Oci Op — N89 °58'02'E LIEBL LOCATION 5KETC.I-1 ��1o3yyyl �EGEPr�pN O M W m 0 0 0 Z TEMP. CONST. ESM7. 4509 SQ. FT.