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Home My WebLink AboutLARIMER COUNTY CANAL NUMBER 2 AT LAPORTE AVENUE - Filed ED-EASEMENT DEDICATION - 2004-11-24_ZCPTN 4 98062228 1 2q/RR 10:40: 49 it OF P: 'S - -1 FEE - 819.00 M. ROnENRERGER, RECORDER - LARIMER COUNTY CO STATE n0C FEE- 8.00 DEED OF EASEMENT THIS DEED, made this I61hday of V10Jexwb,1-tom 1988, between WILLIAM S. ECKERT, of the County of Larimer, State of Colorado, GRANTOR, whose address is 1807 LaPorte Avenue, Fort Collins, Colorado 80521, 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 public improvements, together with a right-of-way for access, 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. As a part of the consideration hereof, and by acceptance of this Deed of Easement, the Grantee shall, at its own expense, accomplish the items listed in Exhibit "B" attached hereto and by 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 the remaining property of Grantor by means of roads and lanes thereon, if any; or if no such roads or lanes exist, then by the most direct available route between said easements and the nearest public road or right-of-way. (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 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. 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; (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 run with the property described herein, 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, all pursuant to a motion adopted by the City Council of the City of Fort Collins on the l day of Y�dVu� ►�t•r/ 1988. <_ William S. Eckert-, Gran or STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 1988, by William S. Eckert, as Grantor. Witness my hand and official seal. My Commission expires: 2 Notary Public Address: -- — Accepted by the City of Fort Collins, Colorado this 2, � day of � 1988. CIZ T COLL NS, OLORADO By City Manager ATTEST: zzzn 'i � t ^Fr w-'&' -1mw (CORPORATE APPROVED�S TO FORM: Assistant City Attorney C EXHIBIT A 1- DESCRIPTION FOR A PERMANENT EASEMENT FOR WILLIAM ECKERT. An easement on, over and across portions of that certain parcel described in Book 2232, Page 189, Larimer County Records located in Section 10, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, Colorado and more particularly described as follows: Commencing at the Center 1/4 corner of said Section 10 and con- sidering the South line of the Northwest 1/4 of said Section 10 as bearing North 89°30'23" West, and with all bearings contained herein relative thereto; thence, along said South line of the Northwest 1/4 of said Section 10, North 89°30'23" West, 788.98 feet; thence, North 00°29'37" East, 30.00 feet to a point on the North line of Laporte Avenue and the centerline of the Larimer County Canal #2, said point being the POINT OF BEGINNING; thence, along the North line of Laporte Avenue, North 89'30'23" West, 27.00 feet; thence, North 24°38'07" West, 44.18 feet; thence, South 89°30'23" East, 27.00 feet; thence, along the centerline of the Larimer County Canal #2, South 24°38'07" East, 44.18 feet to the Point of Beginning. The above described easement contains 1080 square feet more or less. LAPORTE AVE. BRIDGE REPLACEMENT RBD, INC. erald D. Gilliland, P.L.S. Date /ULZ t1�88 EXHIBIT B 1) Grantee shall replace a maximum of $150.00 worth of landscaping that will be damaged by construction. It is understood that no more vegetation than is absolutely necessary will be damaged. M i Vz- S. Sunset St N. Sui, rt St - r --� g -------••-- --i L Steph 1webb Tyler c� St. -. < St Ave .,< S. l ala r 1 IriS`1 Dr P o n d e r 01 a Dr C;r Nm p ala Dr POnCEros, ,t. � ° n0 �� 'W � Hillcrest a ° O iL O 'r O N. Hi l!c es Dr 0, I o, a �� 1 — I N �lontvie Rd. Bnarwoc � r- BriarwoodRd°a n Penns 41va St ' rc G r. 1 cn� ---- r- TAFT HILL RD. 1 1 1 i O C7 G, � v, O . ,_ r) 3 o C° n Aev n � `- --1---�--1 - 1 ••n sa�Dr- lp H Or / r ---- r Elb Cb Grandview — — — in r ��o Av_ r) � Frey Av 0 N. Frey Av,- r- 1 O or FCCokDr a a AvF r --IN. Bryan Ave P Col `' �e— �. o 1 o h Ave' n r- ::rFishbac v - �. — 1 m < o St �'' D. d 2r , v n. 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