HomeMy WebLinkAboutCENTRE FOR ADVANCED TECHNOLOGY SPECIAL IMPROVEMENT DISTRICT 90 - Filed ED-EASEMENT DEDICATION - 2004-12-28RCPTN # 88003246 0'/25/88 14:17:21 f OF Pr^ES - 4_ FEF - $12.00
M. RODENBERGER, REC< )ER - LARIMER COtJNTY CO S1 E DOC FEE- 8.00
DEED OF STORM DRAINAGE EA MENT
THIS DEED, made this day of 1987, between
Colorado State University Research Foundation ('CSURF"), of the
County of Larimer, State of Colorado, GRANTOR, whose address is
601 South Howes 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.
KNOW ALL MEN BY THESE PRESENTS: That for and in
consideration of the covenants and agreements herein set forth,
the sum one dollar ($1), and other good and valuable
consideration in hand paid by Grantee to the Grantor as set forth
in more particular in the Master Agreement for the Centre for
Advanced Technology Special Improvement District No. 90 recorded
in the offices of the Clerk and Recorder of Larimer County,
Colorado, at Reception No. 87043407 on the 28th day of July,
1987, the receipt and adequacy of which is hereby acknowledged,
the Grantor hereby grants, sells and conveys to the Grantee to
have and hold, a permanent easement for the installation and
maintenance of storm drainage facilities on that certain land
which is 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.
Witness our hands and seal this day of ,
1987.41
COLORADO STATE UNIVERSITY RESEARCH
FOUNDATION
R.B. Hutchinson III, President
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The fpregoing instrument was acknowledged before me this
day of 1987 by R.B. Hutchinson III as
President for Colorado State Unive,rsity_Re reh Foundation.
My commission expires: 15351,"J.j``'' �'.,.
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
L�
Subscribed and sworn to before me this _ day ofi �
1987 by Gerald R. Haxton as President of Everitt Enterprises,
Inc., a general partner of Everitt Enterprises Limited
Partnership No. 1, a Colorado limited partnership for the purpose
herein above set forth.
Witness my hand and official seal.
My commission expires: �?-/3-9'e
Accepted by the City of
day of S0.r1u0-rY , 1986.
ATTEST:
City Clerk
(CORPORATE SEAL)
cat/deed.3
1/j/1
Notary Pub is 3000
.� ,
Fort Collins, Colorado, this
CITY OF FORT COLLINS, COLORADO
Leinholder:
Bankers Trust Company
BY: Aldrich, Eastman & Waltch, Inc.
BY: Everitt Enterprises Limited Partnership No. 1, a Colorado
Limited Partnership, Attorney -in -Fact
BY: Everitt Enterprises, Inc., Managing Partner
Attest:
Tracy Hozie, Assistant Secretary rald R. xio resident
Sty
t\'
STATE OF COLORADO )-
)ss.
COUNTY OF LARICIER ) d
Subscribed and sworn to before me this-3 day of igf'C ,
1987 by Gerald R. Haxton as President and Tracy Hozie as Assistant
Secretary of Everitt Enterprises, Inc., the Managing Partner fo Everitt
Enterprises Limited Partnership No. 1, c Colorado Limited Partnership,
Attorney -in -Fact for Aldrich, Eastman & Waltch, Inc., for Bankers Trust
Company.
Witness my hand and official seal.
My commission expires: 9-/3-8?'
f
Notar�Publi 000
Leinholder:
COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, as Successor in
interest to The Empire Savings Building and Loan Association
Attest:
' f/r
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this 7th day of December
1987 by Frederick R. Schotte
of Commercial Federal Savings and Loan Association,
as Successor in interest to The Empire Savings Building and Loan Association.
Witness my hand and official seal.
My commission expires: 5-20-91
Notary Public ,-
1654 California
Denver, CO 802020
II
L/Leinholder:
FIRST INTERSTATE BANK OF DENVER, N.A.
Attest:
�✓. cam= i �� _ �.�-�
STATE OF COLORADO )
COUNTY OF DENVER )
Subscribed and sworn to before me this _� fh- day of �h/,cll , 1987
by /y;Q, /Z) ,Z of First Interstate Bank of Denver, N.A.
Witness my hand and official seal.
My commission expires:
Notary Public /
Address /, Z "�.'
5
2 7c`
Q
EXHIBIT A
Description: Centre: Avenue, Centre for Advanced Technology Spe-
cial Improvement District, on Everitt Enterprises property.
A tract of land located in the Southwest Quarter of Section 23,
Township 7 North, Range 69 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado being more par-
ticularly described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K." nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 23; thence
along the West line of the Southwest Quarter of said Section 23,
North 0015'22" East, 946.61 feet; thence, South 89°44'38" East,
60.49 feet to the POINT OF BEGINNING; thence, North 20 36'50"
East, 134.11 feet to a point on a curve concave to the Northeast
having a central angle of 92021'28", a radius of 25.00 feet and
the chord of which bears, South 43033'54" East, 36.08 feet;
thence along the arc of said curve 40.30 feet; thence, South 890
44'38" East, 260.60 feet to a point on a curve concave to the
North, having a central angle of 1002'10", a radius of 3460.38
feet and the chord of which bears, North 89044'17" East, 62.57
feet; thence along the arc of said curve 62.57 feet to a point on
a curve concave to the Northwest, having a central angle of 880
57'50", a radius of 11.00 feet and the chord of which bears,
North 44044'17" East, 15.42 feet; thence along the arc of said
curve 17.08 feet; thence, North 0015'22" East, 2.21 feet; thence,
South 89044'38" East, 54.00 feet to a point on a curve concave to
the Northeast, having a central angle of 92017'56", a radius of
11.00 feet and the chord of which bears, South 45' 53'36" East,
15.87 feet; thence along the arc of said curve 17.72 feet to a
point on a curve concave to the North, having a central angle of
0°24'46", a radius of 3460.38 feet and the chord of which bears,
North 87°45'02" East, 24.94 feet; thence along the arc of said
curve 24.94 feet; thence, North 89°22'50" East, 220.23 feet to a
point on a curve concave to the North, having a central angle of
11027'18", a radius of 3474.40 feet and the chord of which bears,
North 78°10'53" East, 693.48 feet; thence along the arc of said
curve 694.64 feet to a point on a curve concave to the Northwest,
having a central angle of 90°37'43", a radius of 11.00 feet and
the chord of which bears, North 27°08'33" East, 15.64 feet;
thence along the arc of said curve 17.40 feet; thence, North 71'
49'41" East, 54.00 feet to a point on a curve concave to the
Northeast, having a central angle of 90°37'43", a radius of 11.00
feet and the chord of which bears, South 63°29'10" East, 15.64
feet; thence along the arc of said curve 17.40 feet to a point on
a curve concave to the North, having a central angle of 4°19'16",
a radius of 3474.40 feet and the chord of which bears, North 69°
02'20" East, 261.97 feet; thence along the arc of said curve
262.03 feet to a point on a curve concave to the Northwest,
having a central angle of 15027'56", a radius of 1216.00 feet and
the chord of which bears, North 59' 08'44" East, 327.23 feet;
thence along the arc of said curve 328.23 feet to a point on the
centerline of the New Mercer Ditch; thence along the said center-
line the following three coarses, South 19' 30'00" East, 21.18
feet; thence, South 0005'15" West, 34.29 feet; thence, South 14'
53'40" West, 33.64 feet to a point on a curve concave to the
Northwest, having a central angle of 12°59'35", a radius of
1284.00 feet and the chord of which bears, South 60°22'54" West,
290.55 feet; thence along the arc of said curve 291.18 feet to a
point on a curve concave to the North, having a central angle of
13°09'53", a radius of 3542.38 feet and the chord of which bears,
South 73*27'38" West, 812.13 feet; thence along the arc of said
curve 813.92 feet to a point on a curve concave to the Southeast,
having a central angle of 89°23'14", a radius of 11.00 feet and
the chord of which bears, South 35°20'58" West, 15.47 feet;
thence along the arc of said curve 17.16 feet; thence, South 80°
39'20" West, 54.00 feet to a point on a curve concave to the
Southwest, having a central angle of 89023'14", a radius of 11.00
feet and the chord of which bears, North 54°02'17" West, 15.47
feet; thence along the arc of said curve 17.16 feet to a point on
a curve concave to the North having a central angle of 6045'2211,
a radius of 3542.38 feet and the chord of which bears, South 840
38'47" West, 417.46 feet; thence along the arc of said curve
417.70 feet to a point on a curve concave to the Southeast,
having a central angle of 87°46'06", a radius of 11.00 feet and
the chord of which bears, South 44' 08'25" West, 15.25 feet;
thence along the arc of said curve 16.85 feet; thence, South 0°
15'22" West, 15.27 feet; thence, North 89044'38" West, 54.02 feet
to a point on a curve concave to the Southwest having a central
angle of 91000'06", a radius of 11.00 feet and the chord of which
bears, North 45*14141" West, 15.69 feet; thence along the arc of
said curve 17.47 feet to a point on a curve concave to the North,
having a central angle of 0°48'28", a radius of 3555.50 feet and
the chord of which bears, South 89°39'30" West, 50.13 feet;
thence along the arc of said curve 50.13 feet to a point on a
curve concave to the North, having a central angle of 11°13'55",
a radius of 309.00 feet and the chord of which bears, North 84'
19'18" West, 60.48 feet; thence along the arc of said curve 60.58
feet to a point on a curve concave to the South, having a central
angle of 11' 02'17", a radius of 291.00 and the chord of which
bears, North 84°13'29" West, 55.98 feet; thence along the arc of
said curve 56.06 feet; thence, North 89°44'38" West, 162.23 feet
to a point on a curve concave to the Southeast, having a central
angle of 87'38'32", a radius of 25.00 feet and the chord of which
bears, South 46'26'06" West, 34.62 feet; thence along the arc of
said curve 38.24 feet to the Point of Beginning.
The above described tract of land contains 3.497 acres and is
subject to all easement and rights -.of -ways now on record or
existing.
RCPTN # 88003249
01/4�/88
IMERBCOUNTY#
COSTATE
CO
DOC6FEE FEE- -
8.00
$.00
H. RODENBERGER,
RECORDER
LARI
DEED OF EASEMENT
THIS DEED, made this -j— day of , 1987, between
"NLo. Everitt Enterprises Limited Partnership l(" veritt"), of the
County of Larimer, State of Colorado, GRANTOR, whose address is
3000 South College, 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 agree-
ments herein set forth, the sum of one dollar ($1), and other
good and valuable consideration in hand paid by the Grantee to
the Grantor as set forth in more particular in the Master Agree-
ment for the Centre for Advanced Technology Special Improvement
District No. 90 recorded in the offices of the Clerk and Recorder
of Larimer County, Colorado, at Reception No. 87043407 on the
28th day of July , 1987, 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 a street
easement together with a right-of-way for access, on, along and
in all of the hereinafter described easements of that certain
land which is situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached here-
to and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a tempo-
rary construction easement not to exceed ten (10) feet on the
east side of the aforementioned permanent easement for the pur-
pose of constructing the aforementioned street. As a condition
to the granting of this temporary construction easement, the
Grantee covenants and agrees to restore said lands, landscaping,
fences, or other improvements to a level comparable with their
original condition.
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, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and incon-
venience to the Grantor provided, that if any portion of said
land 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 dedi-
cated roads and highways;
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any streets or structures
constructed hereunder with any other number or type of streets or
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.
The Grantee hereby covenants and agrees to indemnify Grantor
against any loss or damage which shall be caused by the exercise
of its rights under the easements and said ingress or egress or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment.
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.
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 its hand
and seal the day and year first above written and the Grantee has
caused this Agreement to be executed by its Mayor, 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 5tti day of j0LMLkary 1986.
GRANTOR: EVERITT ENTERPRISES LIMITED
PARTNERSHIP NO. 1, a Colorado
limited partnership
EVERITT
a Colora
as gerw
2
ENTERPRISES, INC.
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this_ day of
1987 by Gerald R. Haxton as President of Everitt Enterprises,
Inc., a general partner of Everitt Enterprises Limited
Partnership No. 1, a Colorado limited partnership for the purpose
herein above set forth.
Witness my hand and official seal.
My commission expires:
Accepted by the City of
day of JGA"mry , 198$.
ATTEST:
(CORPORATE SEAL)
cat/deed.2
1/j/1
Notary Publ' 2,,0,,d,
Fort Collins, Colorado, this
CITY OF FORT COLLINS, COLORADO
Ma
Leinholder:
Bankers Trust Company
BY: Aldrich, Eastman & Waltch, Inc.
BY: Everitt Enterprises Limited Partnership No.
Limited Partnership, Attorney -in -Fact
BY: Everitt Enterprises, Inc., Manaqing Partner
Attest:
Tracy Hozie,!Assistant Secretary 1 a
3
1, a Colorado
R. Hax
,'Press dent
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
d
Subscribed and sworn to before me this,day of � e�
1987 by Gerald R. Haxton as President and Tracy Hozie as Assistant
Secretary of Everitt Enterprises, Inc., the Managinq Partner fo Everitt
Enterprises Limited Partnership No. 1, c Colorado Limited Partnership,
Attorney -in -Fact for Aldrich, Eastman & Waltch, Inc., for Bankers Trust
Company.
Witness my hand and official seal.
My commission expires: $-/3- SS
Notary Publict,
Leinholder:
COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, as Successor in
interest to The Empire Savings Building and Loan Association
Attest:
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this nth day of December ,
1987 by Frederick R. Schotte
_ of Commercial Federal Savings and Loan Association,
as Successor in interest to The Empire Savings Building and Loan Association.
Witness my hand and official seal.
My commission expires: 5-20-91
r
r
r
Notary Pu is
1654 California Street
Denver, CO 80202
4
L,2inholder:
FIRST INTERSTATE BANK OF DENVER, N.A.
Attest:
C
STATE OF COLORADO
COUNTY OF DENVER )
Subscribed and sworn to before me this day of 1987
by of First Interstate Bank of Denver, N.A.
Witness my hand and official seal.
My commission expires:
Notary Public f
` Address e z
��z �
AccSavivaq
ted by the City of Fort Collins, Colorado, this S ��
day of 1986.
CITY OF FORT COLLINS, COLORADO
I�
ATTEST:
City Clerk
(Seal)
cat/deed.l
dl/l/j
EXHIBIT A
Description: Shields Street, Center for Advanced Technology
Special Improvement District, on Everitt Enterprises Property
A tract of land located in the Southwest Quarter of Section 23,
Township 7 North, Range 69 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado, being more par-
ticularly described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89025'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K." nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 23; thence
along the West line of the Southwest Quarter of said Section 23,
North 0°15'22" East, 691.83 feet; thence, South 89°44'38" East,
50.00 feet to the East right-of-way of South Shields Street, said
point also being the POINT OF BEGINNING; thence along said right-
of-way, North 0015'22" East, 802.78 feet to a point on the cen-
terline of the New Mercer Ditch; thence along said centerline,
North 62023'20" East, 18.22 feet; thence, South 2°15'48" East,
30.77 feet to a point on a curve concave to the West, having a
central angle of 4052'38", a radius of 4050.00 feet and the chord
of which bears, South 0010'31" West, 344.65 feet; thence along
the arc of said curve 344.76 feet; thence, South 2036'50" West,
436.28 feet to the Point of Beginning.
The above described tract of land contains 0.260 acre and is sub-
ject to all easement and rights -of -ways now on record or
existing.
RCP -TN # 88003R50RECORDER/-aLARIMEROCOUNTY#COFSTATEPAGES
DOC6FEEFEE - $•$�8.00
M. RODENBERGE ,
DEED OF EASEMENT
THIS DEED, made this day of , 1987, between
Everitt Enterprises Limited Partnership No. 1 ('Everitt"), of the
County of Larimer, State of Colorado, GRANTOR, whose address is
3000 South College, 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 agree-
ments herein set forth, the sum of one dollar ($1), and other
good and valuable consideration in hand paid by the Grantee to
the Grantor as set forth in more particular in the Master Agree-
ment for the Centre for Advanced Technology Special Improvement
District No. 90 recorded in the offices of the Clerk and Recorder
of Larimer County,, Colorado, at Reception No. 87043407 on the
day of i_:"j 1987, the receipt and adequacy of which
is hereby a {nowledged, 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 a street
easement together with a right-of-way for access, on, along and
in all of the hereinafter described easements of that certain
land which is situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached here-
to and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a tempo-
rary construction easement not to exceed ten (10) feet on either
side of the aforementioned permanent easement for the purpose of
constructing the aforementioned street. As a condition to the
granting of this temporary construction easement, the Grantee
covenants and agrees to restore said lands, landscaping, fences,
or other improvements to a level comparable with their original
condition.
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, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and incon-
venience to the Grantor provided, that if any portion of said
land 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 dedi-
cated roads and highways;
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any streets or structures
constructed hereunder with any other number or type of streets
or 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.
The Grantee hereby covenants and agrees to indemnify Grantor
against any loss or damage which shall be caused by the exercise
of its rights under the easements and said ingress or egress or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment.
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.
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 its hand
and seal the day and year first above written and the Grantee has
caused this Agreement to be executed by its Mayor, 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 5+1^ day of 198'0.
GRANTOR: EVERITT ENTERPRISES LIMITED
PARTNERSHIP NO. 1, a Colorado
limited partnership
By: EVERITT ENTERPRISES, INC.
a Color o corporatio/
as ggral partner
rald R. 1fa"xt6n4//President
2
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
cd
Subscribed and sworn to before me this a day of
1987 by Gerald R. Haxton as President of Everitt Enterprises,
Inc., a general partner of Everitt Enterprises Limited
Partnership No. 1, a Colorado limited partnership for the purpose
herein above set forth.
Witness my hand and official seal.
My commission expires:
Notary Pub l 3000 )G. do-e.-eeoA,
io-e o ,moo
Accepted by the City of Fort Collins, Colorado, this Shy
day of 3aVALAa.ry , 1989.
CITY OF FORT C
ATTEST:
)ML4Y'�
City Clerk
(CORPORATE SEAL)
cat/deed.?
1/j/1
NS, COLORADO
Leinholder:
Bankers Trust Company
BY: Aldrich, Eastman & Waltch, Inc.
BY: Everitt Enterprises Limited Partnership No. 1, a Colorado
Limited Partnership, Attorney -in -Fact
BY: Everitt Enterprises, Inc., Managing Partner
Attest:
J f/
Tracy Hozie�ssistant Secretary Secretary
3
Z�A
STATE OF COLORADO )-
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this � day of
1987 by Gerald R. Haxton as President and Tracy Hozie as Assistant
Secretary of Everitt Enterprises, Inc., the Managing Partner fo Everitt
Enterprises Limited Partnership No. 1, c Colorado Limited Partnership,
Attorney -in -Fact for Aldrich, Eastman & Waltch, Inc., for Bankers Trust
Company.
Witness my hand and official seal.
My commission expires:
Notary Public 3c�xxS eee
Leinholder:
COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, as Successor in
interest to The Empire Savings Building and Loan Association
Attest:
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this nth day of December
1987 by Frederick R. schotte
of Commercial Federal Savings and Loan Association,
as Successor in interest to The Empire Savings Building and Loan Association.
Witness my hand and official seal.
My commission expires: 5-20-91
Notary Public
1654 California
Denver, CO 80202
4
' Leinholder:
FIRST INTERSTATE BANK OF DENVER, N.A.
Attest:
STATE OF COLORADO )
COUNTY OF DENVER )
fy=
Subscribed and sworn to before me this _ _ day of 1987
by
of First Interstate Bank of Denver N.A.
W-LLnes . my hand and official seal.
ITy coinm.i s s4 on expires: "gip;
Notary Public
Address
5
�Y) EXHIBIT A
Description: Worthington, Centre for Advanced Technology Special
Improvement District
A tract of land located in the Southwest Quarter of Section 23,
Township 7 North, Range 69 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado, being more par-
ticularly described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89025'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K." nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 23; thence
along said South line, South 890 25'51" East, 1624.69 feet;
thence, North 0034'09" East, 50.00 feet to the North right-of-way
of West Drake Road, said point also being the POINT OF BEGINNING;
thence along said right-of-way, North 89025'51" West, 59.00 feet
to a point on a curve concave to the Northwest, having a central
angle of 90000'00", a radius of 25.00 feet and the chord of which
bears, North 45034'07" East, 35.36 feet; thence along the arc of
said curve 39.27 feet; thence, North 0034'09" East, 85.86 feet to
a point on a curve concave to the West having, a central angle of
17056'00", a radius of 3183.01 feet and the chord of which bears,
North 8°23'51" West, 992.21 feet; thence along the arc of said
curve 996.27 feet to a point on a curve concave to the Southwest
having a central angle of 90004'37", a radius of 11.00 feet and
the chord of which bears, North 620 24'10" West, 15.57 feet;
thence along the arc of said curve 17.29 feet to a point on a
curve concave to the North, having a central angle of 1027'05", a
radius of 3542.38 feet and the chord of which bears, North 710
49'59" East, 89.73 feet; thence along the arc of said curve,
89.73 feet to a point on a curve concave to the Southeast, having
a central angle of 88029'38", a radius of 11.00 feet and the
chord of which bears, South 26051'38" West, 15.35 feet; thence
along the arc of said curve 16.99 feet to a point on a curve con-
cave to the West, having a central angel of 171,57'20", a radius
of 3251.01 and the chord of which bears, South 8024'31" East,
1014.65 feet; thence along the arc of said curve 1018.81 feet;
thence, South 00 34'09" West, 85.86 feet to a point on a curve
concave to the Northeast, having a central angle of 90000'00", a
radius of 25.00 feet and the chord of which bears, South 44'
25'49" East, 35.36 feet; thence along the arc of said curve 39.27
feet to a point on the North right-of-way of West Drake Road;
thence along said right-of-way, North 89°25'51" West, 59.00 feet
to the Point of Beginning.
The above described tract of land contains 1.770 acres and is
subject to all easements and rights -of -ways now on record or
existing.
RCPTN u 88003251 01/2 88 14:20:51 # OF PAGE - 6 FEE - �818.00
.
H. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE ,,OC FEE- ,
DEED OF EASEMENT
THIS
DEED, made this __ 3
day of
1987,
between
Everitt Enterprises
Limited Partnersh'p
No. 1
("Everitt"), of the County of
Larimer, State
of Colorado,
GRANTOR,
whose address is 3000
South College,
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 agree-
ments herein set forth, the sum of one dollar ($1), and other
good and valuable consideration in hand paid by the Grantee to
the Grantor as set forth in more particular in the Master Agree-
ment for the Centre for Advanced Technology Special Improvement
District No. 90 recorded in the offices of the Clerk and Recorder
of Larimer County, Colorado, at Reception No. 87043407 on the
28th day of July, 1987, 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 a street
easement together with a right-of-way for access, on, along and
in all of the hereinafter described easements of that certain
land which is situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached here-
to and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a tempo-
rary construction easement not to exceed ten (10) feet on the
west side of the aforementioned permanent easement for the pur-
pose of constructing the aforementioned street. As a condition
to the granting of this temporary construction easement, the
Grantee covenants and agrees to restore said lands, landscaping,
fences, or other improvements to a level comparable with their
original condition.
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, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and incon-
venience to the Grantor provided, that if any portion of said
land 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 dedi-
cated roads and highways;
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any streets or structures
constructed hereunder with any other number or type of streets
or 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.
The Grantee hereby covenants and agrees to indemnify Grantor
against any loss or damage which shall be caused by the exercise
of its rights under the easements and said ingress or egress or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment.
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.
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 its hand
and seal the day and year first above written and the Grantee has
caused this Agreement to be executed by its Mayor, 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 5th day of Jo nuary , 1986.
GRANTOR: EVERITT ENTERPRISES LIMITED
PARTNERSHIP NO. 1, a Colorado
limited partnership
ME
2
EVERITT ENTERPRISES, I
a Colorado corporation
as geiW)/al partner,-�
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
I'd
Subscribed and sworn to before me this day of
1987 by Gerald R. Haxton as President of Everitt Enterprises,
Inc., a general partner of Everitt Enterprises Limited
Partnership No. 1, a Colorado limited partnership for the purpose
herein above set forth.
Witness my hand and official seal.
My commission expires:g-13--�i-g,
_T.
Notary Pub c--'700
Accepted by the City of Fort Collins, Colorado, this 5-91
day of JCL Hua.ry , 1988.
CITY OF FORT COLLINS, COLORADO
M Y'
ATTEST:
City Clerk
(CORPORATE SEAL)
cat/deed.8
1/j/1
Leinholder:
Bankers Trust Company
BY: Aldrich, Eastman & Waltch, Inc.
BY: Everitt Enterprises Limited Partnership No. 1, a Colorado
Limited Partnership, Attorney -in -Fact
BY: Everitt Enterprises, Inc., Managing Partner
Attest:
Tracy Hozie, Assistant" Secretary
3
EXHIBIT A
DESCRIPTION FOR DRAINAGE REPORT C.S.U.R.F.
An easement over and across portions of that certain parcel lo-
cated in the East half of Section 23, Township 7 North, Range 69
West of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado being more particularly described as follows:
That portion of two easements one being 68 feet in width and the
second being 60 feet in width with foreshortened and prolonged
sidelines to meet the property lines and shall be 34 and 30 feet
each side measured at right angles and parallel with the center-
line described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing North 89°25'51" West from a found steel pin in
pavement at the South Quarter corner of said Section 23 to a
found P.K. nail at the Southwest corner of said Section 23 and
with all bearings contained herein relative thereto.
Commencing at the South Quarter corner of said Section 23;
thence, along the North -South center section line of said Section
23, North 00'18'37" East, 2426.11 feet to the POINT OF BEGINNING
of the centerline of the 68 foot easement and being on a curve
concave to the Southeast having a central angle of 15°24'08", a
radius of 610.00 feet and a chord of which bears, North 59'23'27'
East, 163.49 feet; thence, along said centerline and the arc of
said curve 163.98 feet; thence, North 67°05'31" East, 333.87 feet
to a point on a curve concave to the Northwest having a central
angle of 11°59'59", a radius of 907.46 feet and a chord which
bears, North 61°16'34" East, 189.71 feet; thence, along the arc
of said curve 190.06 feet to the terminus of said 68 foot ease-
ment said point also being the BEGINNING of a 60 foot easement;
thence along the centerline of said easement, South 82' 31'25"
East, 424.81 feet to a point on a curve concave to the North,
having a central angle of 27°42'58", a radius of 400.00 feet and
the chord of which bears, North 83°37'06" East, 191.62 feet;
thence along the arc of said curve 193.50 feet; thence, North 69'
59'32" East, 379.63 feet to a point on a curve concave to the
Northwest, having a central angle of 42' 14'20", a radius of
400.00 feet and the chord of which bears, North 48°49'29" East,
288.25 feet; thence along the arc of said curve 294.88 feet;
thence, North 27°42'19" East, 104.43 feet to the terminus of said
centerline.
The above described easements contains 2.998 acres.
TOGETHER WITH:
X
STATE OF COLORADO )�
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _2, 1-4 day of
1987 by Gerald R. Haxton as President and Tracy Hozie as Assistant
Secretary of Everitt Enterprises, Inc., the Managing Partner fo Everitt
Enterprises Limited Partnership No. 1, c Colorado Limited Partnership,
Attorney -in -Fact for Aldrich, Eastman & Waltch, Inc., for Bankers Trust
Company.
Witness my hand and official seal.
My commission expires:
-4�� �
Notary Publ i ci"
Leinholder:
COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, as Successor in
interest to The Empire Savings Building and Loan Association
Attest:
�J
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this nth day of December
1987 by Frederick R. Schotte
of Commercial Federal Savings and Loan Association,
as Successor in interest to The Empire Savings Building and Loan Association.
Witness my hand and official seal.
My commission expires: 5-20-91
Notary Public
1654 California Street
Denver., CO 80202
4
Leinholder:
FIRST INTERSTATE BANK OF DENVER, N.A.
Attest:
STAT- OF COLORADO )
COU1` OF DENVER )
Subscribed and sWorn-�o before me this f day of G(�/yj,�L-�% , 1987
by r�l _%� /�-r�CIC-J of First Interstate Bank of Denver, N.A.
Witness my hand and official seal.
My commission expires: S/J-
Notary Public
` Address
5
EXHIBIT A
Description• Research Boulevard, Centre for Advanced Technology Special
Improvement District, on Everitt Enterprises Property
A tract of land located in the South Half of Section 23, Township
7 North, Range 69 West of the 6th P.M., City of Fort Collins,
County of Larimer, State of Colorado, being more particularly
described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K "' nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the South Quarter corner of said Section 23; thence
along the North -South centerline of said Section 23, North 0°
18'37" East, 603.06 feet to the POINT OF BEGINNING; thence, North
26024'57" West, 38.00 feet; to a point on a curve concave to the
West, having a central angle of 90°00'00", a radius of 11.00 feet
and the chord of which bears, South 17049'49" West, 15.56 feet;
thence along the arc of said curve 17.28 feet; thence, South 260
38'21" East, 31.55 feet; thence, North 39059'20" East, 11.71 feet
to the Point of Beginning.
The above described tract of land contains 341 square feet and is
subject to all easements and rights -of -ways now on record or
existing.
RCPPN # 88003252 01/ -/88 14:21:05 # OF PAGr - 6 FEE - $18.00
M. RODENBERGER, RECORD,.' - LARIMER COUNTY CO STATL DOC FEE- $.00
DEED OF EASEMENT
THIS DEED, made this day of 1987,
between Colorado State Unive sity Research Foundation ("CSURF"),
of the County of Larimer, State of Colorado, GRANTOR, whose
address is 601 South Howes, 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 agree-
ments herein set forth, the sum of one dollar ($1), and other
good and valuable consideration in hand paid by the Grantee to
the Grantor as set forth in more particular in the Master Agree-
ment for the Centre for Advanced Technology Special Improvement
District No. 90 recorded in the offices of the Clerk and Recorder
of Larimer County, Colorado, at Reception No. 87043407 on the
28th day of July, 1987, 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 a street
easement together with a right-of-way for access, on, along and
in all of the hereinafter described easements of that certain
land which is situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached here-
to and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a tempo-
rary construction easement not to exceed ten (10) feet on each
side of the aforementioned permanent easement referred to on the
attached Exhibit "A" as "Research Boulevard, Centre For Advanced
Technology Special Improvement District, on C.S.U. Property" for
the purpose of constructing the aforementioned street. Grantor
further grants to Grantee a temporary construction easement not
to exceed ten (10) feet on the east side of the aforementioned
permanent easement referred to on the attached Exhibit "A" as
"Research Boulevard, Centre for Advanced Technology Special
Improvement District, on C.S.U.R.F. Property" for the purpose of
constructing the aforementioned street. As a condition to the
granting of this temporary construction easement, the Grantee
covenants and agrees to restore said lands, landscaping, fences,
or other improvements to a level comparable with their original
condition.
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, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and incon-
venience to the Grantor provided, that if any portion of said
land 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 dedi-
cated roads and highways;
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any streets or structures
constructed hereunder with any other number or type of streets
or 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.
The Grantee hereby covenants and agrees to indemnify Grantor
against any loss or damage which shall be caused by the exercise
of its rights under the easements and said ingress or egress or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment.
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.
Whenever used herein, the singular number shall include the
plural, the plural the singular; and the use of any gender shal_1
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 its hand
and seal the day and year first above written and the Grantee has
caused this Agreement to be executed by its Mayor, 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 `Ih day of j 19$Q..
COLORADO STATE UNIVERSITY RESEARCH
FOUNDATION
R. B. Hutchinso`n III, President
2
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this L/day of_-.__:. -'
1987 by R. B. Hutchinson III, as President of Colorado State
University Research Foundation ("CSURF") of the County of
Larimer, State of Colorado.
Witness my hand and official seal.
My commission expires: I (r, Its
Notary.)Public
Accepted by the City of Fort Collins, Colorado, this Jth
day of Tamar e , 1988.
ATTEST:
ilk 10
r
City ClerW
(CORPORATE SEAL)
cat/deed.9
1/j/1
CITY OF FORT COLLINS, COLORADO
Ma
3
EXHIBIT A
Description: Research Boulevard , Centre for Advanced Technology Special
Improvement District, on C.S.U.R.F. Property
A tract of land located in the South Half of Section 23, Township
7 North, Range 69 West of the 6th P.M., City of Fort Collins,
County of Larimer, State of Colorado, being more particularly
described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25151" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K "' nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the South Quarter corner of said Section 23; thence
along the North -South centerline of said Section 23, North 00
18'37" East, 579.35 feet to the POINT OF BEGINNING; thence, North
26038'21" West, 16.50 feet; thence, North 39°59'20" East, 11.71
feet to a point on the North -South centerline of said Section 23;
thence, North 27°07'32" West, 647.40 feet to a point on a curve
concave to the Southwest, having a central angle of 12°43'23', a
radius of 576.00 feet and the chord of which bears, North 33'
31'53" West, 127.64 feet; thence along the arc of said curve,
127.91 feet; thence, North 39°53'34" West, 262.07 feet to a point
on a curve concave to the South, having a central angle of 90'
47'27", a radius of 20.00 and the chord of which bears, North 85°
17'18" West, 28.48 feet; thence along the arc of said curve 31.69
feet to a point on a curve concave to the Northwest, having a
central angle of 2'30'40", a radius of 1284.00 feet and the chord
of which bears, North 48°03'38" East, 56.27 feet; thence along
the arc of said curve 56.28 feet; thence, North 46°48'18" East,
42.48 feet to a point on a curve concave to the East, having a
central angle of 86°41'52", a radius of 11.00 feet and the chord
of which bears, South 3°27'22" West, 15.10 feet; thence along the
arc of said curve 16.64 feet; thence, South 39' 53'34" East,
275.54 feet to a point on a curve concave to the Southwest,
having a central angle of 12°43'23", a radius of 644.00 feet and
the chord of which bears, South 33°31'53" East, 142.71 feet;
thence along the arc of said curve 143.01 feet; thence, South 27'
10'11" East, 516.92 feet to a point on the North -South centerline
of said Section 23; thence along said North -South centerline,
South 171.09 feet to the Point of Beginning.
The above described tract of land contains 1.571 acres and is
subject to all easement and rights -of -ways now on record or
existing.
TAR WITH:
Research -Boulevard - , Centre for Advanced Technology Special
Improvement District, on C.S.U. Property
A tract of land located in the South Half of Section 23, Township
7 North, Range 69 West of the 6th P.M., City of Fort Collins,
County of Larimer, State of Colorado, being more particularly
described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K "' nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the South Quarter corner of said Section 23; thence
along the South line of the Southeast Quarter of said Section 23,
South 89°25'56" East, 150.35 feet; thence, North 0°34'04" East,
50.00 feet to a point on the North right-of-way of West Drake
Road, said point also being the POINT OF BEGINNING; thence along
said right-of-way, North 89"25'56" West, 59.50 feet to a point on
a curve concave to the Northwest, having a central angle of 90°
00'00", a radius of 25.00 feet and the chord of which bears,
North 45°34'04" East, 35.36 feet; thence along the arc of said
curve 39.27 feet; thence, North 0'34'04" East, 160.51 feet to a
point on a curve concave to the West, having a central angle of
27°44'15", a radius of 575.50 feet and the chord of which bears,
North 13°18'04" West, 275.89 feet; thence along the arc of said
curve 278.61 feet; thence, North 27°10'11" West, 74.65 feet to a
point on a curve concave to the South, having a central angle of
90000'00", a radius of 11.00 feet and the chord of which bears,
North 72°10'11" West, 15.56 feet; thence along the arc of said
curve 17.28 feet; thence, North 26°38'21" West, 5.96 feet to a
point on the North -South centerline of said Section 23; thence
along said North -South centerline, North 0'18'37" East, 171.09
feet; thence, South 27010111" East, 92.48 feet to a point on a
curve concave to the North, having a central angle of 90000100",
a radius of 11.00 feet and the chord of which bears, South 72'
10'11" East, 15.56 feet; thence along the arc of said curve 17.28
feet; thence, North 62°4949" East, 4.50 feet; thence, South 27'
10'11" East, 54.00 feet to a point on a curve concave to the
East, having a central angle of 90°00'00", a radius of 11.00 feet
and the chord of which bears, South 17°49'49" West, 15.56 feet;
thence along the arc of said curve 17.28 feet; thence, South 27'
10'11" East, 74.65 feet to a point on a curve concave to the
West, having a central angle of 27°44'15", a radius of 648.50
feet and the chord of which bears, South 13*18'04" East, 310.89
feet; thence along the arc of said curve 313.95 feet; thence,
South 0°34'04" West, 160.51 feet to a point on a curve concave to
the Northeast, having a central angle of 90°00'00", a radius of
25.00 feet and the chord of which bears, South 44'25'56" East,
35.36 feet; thence along the arc of said curve 39.27 feet to the
North right-of-way of West Drake Road; thence along said right-
of -way, North 89° 25'56" West, 63.50 feet to the Point of
Beginning.
The above described tract of land contains 1.128 acres and is
subject to all easement and rights -of -ways now on record or
existing.
ZCFTN # 88003253 0 25/88 14:25:48 # OF PT 'S - 5 FEE - $15.00
M. RODENBERGER, RECOkL)ER - LARIMER COUNTY CO STA'rF DOC FEE- $.00
DEED OF EASEMENT
THIS DEED, made this day of 1987, between
Colorado State University Research Foundation (" SURF"), of the
County of Larimer, State of Colorado, GRANTOR, whose address is
601 South Howes, 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 agree-
ments herein set forth, the sum of one dollar ($1), and other
good and valuable consideration in hand paid by the Grantee to
the Grantor as set forth in more particular in the Master Agree-
ment for the Centre for Advanced Technology Special Improvement
District No. 90 recorded in the offices of the Clerk and Recorder
of Larimer County, Colorado, at Reception No. 87043407 on the
28th day of July, 1987, 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 a street
easement together with a right-of-way for access, on, along and
in all of the hereinafter described easements of that certain
land which is situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached here-
to and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a tempo-
rary construction easement not to exceed ten (10) feet on each
side of the aforementioned permanent easement for the purpose of
constructing the aforementioned street. As a condition to the
granting of this temporary construction easement, the Grantee
covenants and agrees to restore said lands, landscaping, fences,
or other improvements to a level comparable with their original
condition.
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, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and incon-
venience to the Grantor provided, that if any portion of said
land 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 dedi-
cated roads and highways;
DESCRIPTION FOR BRIDGE EASEMENT
An easement on, over and across portions of that certain parcel
of land located in the Northeast Quarter of Section 23, Township
7 North, Range 69 West of the 6th P.M., City of Fort Collins,
County of Larimer, State of Colorado being more particularly
described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25'51" West from a found steel pin
in pavement at the South Quarter corner of said Section 23 and
with all bearings contained herein relative thereto:
Commencing at the South Quarter corner of said Section 23; thence
along the North -South centerline of said Section 23, North 0°
18'37" East, 2644.58 feet to the Center Quarter corner of said
Section 23; thence along the East-West centerline of said Section
23, South 89' 19'35" East, 1833.21 feet to a point on the West
Right -of -Way of the Railroad; thence along said Right -of -Way,
North 6° 29'44" East, 506.38 feet to the POINT OF BEGINNING;
thence continuing along said Right -of -Way, North 6°29'44" East,
36.96 feet; thence departing said Right -of -Way, North 62°17'41"
West, 46.63 feet; thence, South 27°42'19" West, 70.00 feet;
thence, South 62°17'41" East, 60.00 feet; thence, North 27°42'19"
East, 35.55 feet to the Point of Beginning.
The above described easement contains 3970 square feet and is
subject to all easements and Rights -of -Ways now on record or
existing.
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any streets or structures
constructed hereunder with any other number or type of streets or
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.
The Grantee hereby covenants and agrees to indemnify Grantor
against any loss or damage which shall be caused by the exercise
of its rights under the easements and said ingress or egress or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment.
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.
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 its hand
and seal the day and year first above written and the Grantee has
caused this Agreement to be executed by its Mayor, 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 5th day of Z`ahucary , 1988.
GRANTOR:
COLORADO STATE UNIVERSITY RESEARCH
FOUNDATION
R.B. Hutchin on III, P ent
2
STATE OF COLORADO
)ss.
COUNTY OF )
Subscribed and sworn to before me this day of,D_��
1987.by R.B. Hutchinson, III as President of Colorado State
University Research Foundation.
Witness my hand and official seal.
My commission expires:
5,;- ,
Ai'z /-Z�
Notary u lic/;
Accepted by the City of Fort Collins(, Colora o, this Jr
day of 30-huage 1986.
CITY OF FORT COLLINS, COLORADO
M
ATTEST:
�O�W.yjt �-�e
City Clerk
(CORPORATE SEAL)
cat/deed.4
1/j/1
3
EXHIBIT A
Description: Centre Avenue, Centre for Advanced Technology Spe-
cial Improvement District, located on C.S.U.R.F. property.
A tract of land located in the Southwest Quarter of Section 23,
Township 7 North, Range 69 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado being more par-
ticularly described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K." nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the South Quarter corner of said Section 23; thence
along the North -South centerline of said Section 23, North 00
18'37" East, 2381.74 feet to the POINT OF BEGINNING, said Point
of Beginning being on a curve concave to the Southeast, having a
central angle of 32050'58", a radius of 576.00 feet and the chord
of which bears, South 32°30'32" West, 325.73 feet; thence along
the arc of said curve 330.24 feet; thence, South 16005'04" West,
175.81 feet to a point on a curve concave to the Northwest,
having a central angle of 30043'15", a radius of 644.00 feet and
the chord of which bears, South 31' 26'41" West, 341.18 feet;
thence along the arc of said curve 345.30 feet; thence, South 460
48'18" West, 175.81 feet to a point on a curve concave to the
Northwest, having a central angle of 7°04'49", a radius of
1284.00 feet and the chord of which bears, South 50°20'43" West,
158.57 feet; thence along the arc of said curve 158.67 feet to a
point on the centerline of the New Mercer Ditch; thence along
said centerline the following three courses, North 14053'40"
East, 33.64 feet; thence, North 0° 05'15" East, 34.29 feet;
thence, North 19°30'00" West, 21.18 feet to a point on a curve
concave to the Northwest, having a central angel of 2°48'02", a
radius of 1216.00 feet and the chord of which bears, North 50'
00'45" East, 59.43 feet; thence along the arc of said curve 59.44
feet to a point on a curve concave to the West, having a central
angle of 91°48'26", a radius of 11.00 feet and the chord of which
bears, North 2°42'31" East, 15.80 feet; thence along the arc of
said curve 17.63 feet; thence, North 47°26'28" East, 54.00 feet
to a point on a curve concave to the North, having a central
angle of 90°00'00", a radius of 11.00 feet and the chord of which
bears, South 88°11'42" East, 15.56 feet; thence along the arc of
said curve 17.28 feet; thence, North 46°48'18" East, 137.81 feet
to a point on a curve concave to the Northwest having a central
angle of 30' 43'15", a radius of 576.00 feet and the chord of
which bears, North 31026'41" East, 305.15 feet; thence along the
arc of said curve 308.84 feet; thence, North 16005'03" East,
175.81 feet to a point on a curve concave to the Southeast,
having a central angle of 37059'02", a radius of 644.00 feet and
the chord of which bears, North 35° 04'34" East, 419.16 feet;
thence along the arc of said curve 426.93 feet to a point on the
North -South centerline of said Section 23; thence along said
North -South centerline, South 0°18'37" West, 87.18 feet to the
Point of Beginning.
The above described tract of land contains 1.856 acres and is
subject to all easement and rights -of -ways now on record or
existing.
RCPTN # 88003254 0_, 2.5/88 14:26:14 # OF Pl
M. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE
DEED OF EASEMENT
THIS DEED, made this day of _ 1987,
between Colorado State University Research Foundation ("CSURF"),
of the County of Larimer, State of Colorado, GRANTOR, whose
address is 601 South Howes, 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 agree-
ments herein set forth, the sum of one dollar ($1), and other
good and valuable consideration in hand paid by the Grantee to
the Grantor as set forth in more particular in the Master Agree-
ment for the Centre for Advanced Technology Special Improvement
District No. 90 recorded in the offices of the Clerk and Recorder
of Larimer County, Colorado, at Reception No. 87043407 on the
28th day of July, 1987, 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 a street
easement together with a right-of-way for access, on, along and
in all of the hereinafter described easements of that certain
land which is situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached here-
to and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a tempo-
rary construction easement not to exceed ten (10) feet on the
east side of the aforementioned permanent easement for the pur-
pose of constructing the aforementioned street. As a condition
to the granting of this temporary construction easement, the
Grantee covenants and agrees to restore said lands, landscaping,
fences, or other improvements to a level comparable with their
original condition.
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, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and incon-
venience to the Grantor provided, that if any portion of said
land 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 dedi-
cated roads and highways;
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any sewer lines or structures con-
structed hereunder with any other number or type of sewer lines
or 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
reasonahl.e use Grantor shall. make of said easements.
The Grantee hereby covenants and agrees to indemnify Grantor
against any loss or damage which shall be caused by the exercise
of its rights under the easements and said ingress or egress or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment.
The Grantor states that it is the lawful owner in fee simple
of the real property described herein; that it has a good and
]awful right and authority to grant, sell and convey said
property or any part thereof.
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 its hand
and seal the day and year first above written and the Grantee has
caused this Agreement to be executed by its Mayor, 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 :)16" day of Jars t.ct{y 1989.
GRANTOR: COLORADO STATE UNIVERSITY RESEARCH
FOUNDATION
6-3 'R.B. Hutchins III, Presi_den
STATE OF COLORADO )
)ss.
COUNTY OF )
Subscribed and sworn to before me this day of
1987 by R.B. Hutchinson, III as President of Colorado State
University Research Foundation.
Witness my hand and official seal.
My commission expires:1-
Notary)-Pu-blic
Accepted by the City of Fort Collins, Colorado, this 5f h
day of JJanuary , 1985.
CITY OF FORT COLLINS, COLORADO
ATTEST:
ji-t y C llerfk�\
(CORPORATE SEAL)
EXHIBIT A
Description: Shields Street, Centre for Advanced Technology Spe-
cial Improvement District, located on C.S.U.R.F. property.
A tract of land located in the Southwest Quarter of Section 23,
Township 7 North, Range 69 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado, being more par-
ticularly described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.K." nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the West Quarter corner of said Section 23; thence
along the North line of the Southwest Quarter of said Section 23,
South 89019'35" East, 50.00 feet to the POINT OF BEGINNING, said
Point of Beginning being on the East right-of-way of South
Shields Street; thence along the said right-of-way, South 0°
15'22" West, 1154.47 feet to a point on the centerline of the New
Mercer Ditch; thence along said centerline, North 62°23'20" East,
18.22 feet; thence, North 2°15'48" West, 211.40 feet to a point
on a curve concave to the East, having a central angle of 2°
31'10", a radius of 3950.00 feet and the chord of which bears,
North 1°00'13" West, 173.67 feet; thence along the arc of said
curve 173.69 feet; thence, North 0°15'22" East, 362.23 feet;
thence, North 0° 10'29" West, 398.90 feet to the Point of
Beginning.
The above described tract of land contains 0.113 acres and is
subject to all easement and rights -of -ways now on record or
existing.
RCPTN # 88003247 ( •25/88 14:17:35 # OF P ES - 3 FEE - $9.On
M. RODENBERGER, RECORDER - LARIMER COUNTY CO STHiE T)OC FEE- $•no
DEED OF SANITARY SEWER EASEMENT
THIS DEED, made this day of 1987, between
Colorado State University Research Foundation ('CSURF"), of the
County of Larimer, State of Colorado, GRANTOR, whose address is
601 South Howes 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.
KNOW ALL MEN BY THESE PRESENTS: That for and in
consideration of the covenants and agreements herein set forth,
the sum one dollar ($1), and other good and valuable
consideration in hand paid by Grantee to the Grantor as set forth
in more particular in the Master Agreement for the Centre for
Advanced Technology Special Improvement District No. 90 recorded
in the offices of the Clerk and Recorder of Larimer County,
Colorado, at Reception No. 87043407 on the 28th day of July,
1987, the receipt and adequacy of which is hereby acknowledged,
the Grantor hereby grants, sells and conveys to the Grantee to
have and hold, a permanent easement for the installation and
maintenance of sanitary sewer facilities on that certain land
which is 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.
1987. Witness our hands and seal this J day of
COLORADO STATE UNIVERSITY RESEARCH
FOUNDATION
R.B. Hu chins.on III, Presid n
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The fo egoing instrument was acknowledged before me this
day of y 1987 by R.B. Hutchinson III as
President or Colorado State University Research Foundation.
My commission expires: IVY
Fcri Cii ,.
c`_,ci
Notary b is
Accepted by the City of Fort Collins, Colorado, this 5+-h
d a y of ZyavivaYv , 1988.
CITY OF FORT COLLINS, COLORADO
IM
ATTEST:
City Clerk QN
(Seal)
cat/deed.l
dl/l/j
EXHIBIT A
a
DESCRIPTION FOR SANITARY SEWER EASEMENT C.S.U.R.F.
An easement over and across portions of that certain parcel lo-
cated in the East half of Section 23, Township 7 North, Flange 69
West of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado being more particularly described as follows:
That portion of an easement 20 feet in width with foreshortened
and prolonged sidelines to meet the property lines and shall be
10 feet each side measured at right angles and parallel with the
centerline described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing North 89°25'51" West from a found steel pin in
pavement at the South Quarter corner of said Section 23 to a
found P.K. nail at the Southwest corner of said Section 23 and
with all bearings contained herein relative thereto.
Commencing at the South Quarter corner of said Section 23;
thence, along the North -South center section line of said Section
23, North 00°18'37" East, 2426.11 feet; thence, North 52017'10"
East, 12.70 feet to the POINT OF BEGINNING; thence, along the
centerline of said easement, North 00°18'37" East, 683.00 feet;
thence, North 30018'40" East, 40.00 feet; thence, North 00°
18'37" East, 536.52 feet; thence, South 89°41'23" East, 196.30
feet to the terminus of said centerline.
The above described easement contains 0.674 acres.
RCPTta # 88003248 01/2 88 14:18:11 #
OF PAGE`' - 7 FEE - $ 2 J . 00
M. RODENBERGER, RECORDEk, - LARIMER COUNTY CO STATE JC FEE- $•n0
DEED OF EASEMENT
THIS DEED, made this j day of , 1987, between
Everitt Enterprises Limited Partnership No. 1 (" veritt"), of the
County of Larimer, State of Colorado, GRANTOR, whose address is
3000 South College, Fort Collins, Colorado, 80525 and the CITY OF
TORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose
address is 300 LaPorte Avenue, Fort Collins, Colorado, 80521.
WITNESSETH:
That for and in consideration of the covenants and agree-
ments herein set forth, the sum of one dollar ($_I), and other
good and valuable consideration in hand paid by the Grantee to
the Grantor as set forth in more particular in the Master Agree-
ment for the Centre for Advanced Technology Special Improvement
District No. 90 recorded in the offices of the Clerk and Recorder
of Larimer County, Colorado, at Reception No. 87043407 on the
28th day of July, 1987, 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 a street
easement together with a right-of-way for access, on, along and
in all of the hereinafter described easements of that certain
land which is situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached here-
to and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a tempo-
rary construction easement not to exceed ten (10) feet on each
side of the aforementioned permanent easement for the purpose of
constructing the aforementioned street. As a condition to the
granting of this temporary construction easement, the Grantee
covenants and agrees to restore said lands, landscaping, fences,
or other improvements to a level comparable with their original
condition.
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, if such there be, otherwise by such route or
routes as shall occasion the least practicable damage and incon-
venience to the Grantor provided, that if any portion of said
land 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 dedi-
cated roads and highways;
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any streets or structures
constructed hereunder with any other number or type of streets or
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.
The Grantee hereby covenants and agrees to indemnify Grantor
against any loss or damage which shall be caused by the exercise
of its rights under the easements and said ingress or egress or
by any wrongful or negligent act or omission of Grantee or of its
agents or employees in the course of their employment.
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.
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 its hand
and seal the day and year first above written and the Grantee has
caused this Agreement to be executed by its Mayor, attested to by
its City Clerk, and its corporate seal to be hereunto affixed,
a]_1 pursuant to a motion adopted by the City Council of the City
of Fort Collins on the 5tk day of Sahuox 1980.
GRANTOR:
EVERITT ENTERPRISES LIMITED
PARTNERSHIP NO. 1, a Colorado
limited partnership
By: EVERITT ENTERPRISES, INC.
a Colorado corporation
,-,
as gene�a partner
IN
2
Gerald R. Haxton; Or9(sident