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Home My WebLink AboutRAINTREE COMMERCIAL PUD - Filed ED-EASEMENT DEDICATION - 2008-06-06EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this 1�� h day of 19B by and between City of Fort Collins, Colorado, party of the first part, and Raintree Associates, party of the second part, WITNESSETH: That for and in consideration of the covenants and agreements herein and the sum of $2150.00 and other good and valuable consideration in hand paid by second party to first party, receipt of which is hereby acknowledged, first party has granted and conveyed, and by these presents does grant a permanent, non-exclusive easement for the installation, inspection, maintenance, replacement or removal of a buried storm drainage line in and upon land situate in the County of Larimer, State of Colorado, being described as follows, to -wit: See Attached Exhibits "A" & "B" As part of the consideration hereof, and by acceptance of this grant of right of way, said second party agrees as follows: 1. That said permanent easement shall not exceed 20 feet in width over and across the above described property, except that the party of the first part does hereby grant to the party of the second part a temporary easement as described in Exhibits A and B for purposes of construction of said storm drainage line. 2. All trenches and excavations made in the laying or repairing of such pipeline shall be properly backfilled" and the original surface soil shall be placed on top. All gravel, stones and clods will be removed from the finished backfill. The second party will finish the backfill after normal settling of the soil so that the use and enjoyment of said land by first party shall be suitable for the purpose now used. The entire area that is disturbed by the construction shall be reseeded by the second party in accordance with the City of Fort Collins Storm Drainage Design Criteria and Construction Standards. The second party will maintain the trench area and buried water pipeline and be wholly responsible for all damages, real or personal, which may be caused by the installation, reinstallation maintenance and use of said storm drainage pipeline. Both parties hereto agree that all storm drainage pipelines or other facilities constructed or installed at second party's expense upon property owned by first party shall remain the property of second party and shall be removable at the option of second party upon approval of the Storm Drainage Utility of the City of Fort Collins, and the Parks and Recreation Department if the said City. Any such removal shall include complete restoration of the property in a manner acceptable to the Parks and Recreation Department. First party does hereby covenant with second party that first party is `me lawfully seized and possessed of the real property described, that first party has a good and lawful right to convey said property or any part thereof. Whenever used herein the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs, personal representatives, successors or assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals and affixed their corporate seals, the day and year first above written. City of Fort Collins Party of the First Part Mayor APPROVED AS TO FORM: City Attorney erector Parks and Recreation Department STATE OF COLORADO ss, COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 19 by Witness my hand and official seal. My commission expires: Notary Public Raintree Associates Party of the Second Part By: Drake -Shields Limited Partnership Nboulgha•ssem Zirakzade , General Partner" � (�ATTEST: , ahram Yeganegi, Secretdry STATE OF COLORADO ) ss. COUNTY OF LARIMER ) r By: Real y Broker ;Ent,s, a ar rship g, Partner Ronald G. Frank, Partner By: Aryan Land and Development Corporation, a Colorado Corporation Mike President (Corporate Seal) . ZiC�adeh By: efugio F. Zirakz�deh The foregoing instrument was acknowledged before me this 24th day of February , 19 86 , by DAN E. KING. Partner and RONALD G. FRANK Partner of* Witness my hand and official seal. My commission expires: M.'k z 1000 REALTY BROKERS ENTERPRISES, a Co -Partnership as Partner and by MIKE K. MIRSHAB, President and JANICE I. MIRSHAB, Assistant Secretary of ARYAN LAND AND DEVELOPMENT CORPORATION, a Colorado Corporation as Partner and by ABOULGHASSEM ZIRAKZADEH, General Partner of DRAKE -SHIELDS LIMITED PARTNERSHIP as Partner and by A. ZIRAKZADEH as Partner and by REFUGIO F. ZIRAKZADEH as Partner all of RAINIREE ASSOCIATES. y TUNIC r ca tom' on OE-2.5 UHIBIT A EX%,,,'IT FOR PERMANENT DRAINAGE EASEMENT AND~/!�� JJ• TEMPORARY CONSTRUCTION EASEMENT IN ROSS OPEN SPACE, 1 /� CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO 50 0 50 100 I scale 1"=50' teat / I rr, lti / 3 h /, h , LEGEND to I /; LIMITS OF 20' PERMANENT DRAINAGE EASEMENT / LIMITS OF TEMPORARY CONSTRUCTION EASEMENT e /J7\•l, se'e / to. 4 � REFERENCE LINE A � x 3 ly t FS I W h A Pq T pOS`r ERLr L/'T'P N64 °AS'49"W OPEA,SP4 Je°p ?9.35 CO S °p•J' I,b POINT OF BEGINNING / ti/ JJ' y ^ TEMPORARY CONSTRUCTION °O .p h� EASEMENT . POINT OF BEGINNING t REFERENCE LINE o 9 J T!•�l'00'N JJT.00 J JI J �" /10.0, 00 00 � TARANTO• STANTON JTAOOE Consuluno Enoineeu NE CORNER SHEET 1 OF 2 SHEETS ROSS OPEN SPACE 4/010 '-/U-'/J7-OUC- A EXHIBIT B LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent Drainage Easement A strip of land in Ross Open Space, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A 20 foot wide permanent drainage easement lying 10 feet North of and 10 feet South of the followiny described reference line: Cominencing at the Northeast corner of said Ross Open Space, with all bearings contained herein relative to said plat of Ross Open Space; thence Southerly along the Easterly line of said Ross Open Space South 57*3815011 West, 219.19 feet; thence South 73042'00" West, 227.00 feet; thence South 54040'00" West, 120.00 feet; thence South 22'05'00" West, 1.25 feet to the POINT OF BEGINNING of said reference line; thence departing said Easterly line along said reference line North 64'06'49" West, 29.35 feet; thence North 87'34'01" West, 209.06 feet; thence North 71'17'27" West, 301.30 feet to the point of terminus of this description, together with the following described temporary construction easement: A portion of Ross Open Space, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: Commencing at the Northeast corner of said Ross Open Space with all bearings contained herein relative to said plat of Ross Open Space; thence SoutWestJ,erly 219.19ong the feet; thencerly Southne of said Ross 73'42'00" West,0pen 227.00ace South feet; thence3Soutth 54'40'00" West, 92.90 feet to the POINT OF BEGINNING of this description; thence South 54040'00" West, 27.10 feet; thence South 22'05'00" West, 98.00 feet; thence departing said Easterly line South 87'28'28" West, 194.07, feet; thence North 32'31'32" Nest, 138.86 feet; thence North 71017'27" West, 251.25 feet; thence North 18'42'33" East, 50.00 feet; thence South 71'17'27" East, 312.73 feet; thence South 87'34'01" East, 210.68 feet; thence South 64'06'49" East, 47.51 feet to the point of beginning of this description. The above described permanent drainage easement contains 0.248 acres, more or less and the above described temporary construction easement contains 1.128 acres, more or less. SURVEYOR'S CERTIFICATE I, PATRICK F. MANAHAN, do hereby certify that this plat and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. Lilate PATRI K�NAHRN raunm"" Professional Land Survey "vswp4a RfC/.n Colorado Registration Number 23896 TARANTO, STANTON L TAGGE Consulling Engineers SHEET 2 OF 2 SHEETS / ✓✓ /v T� / VV [.