HomeMy WebLinkAboutHESS JEFFERSON STREET HOME STATE BANK - Filed ED-EASEMENT DEDICATION - 2008-10-09RECEPTION#: 20080061076, 09/25/2008 at
10:18:40 AM,
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Scott Doyle, Larimer County, co
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS Ray B. Hess and Audrey A. Hess, on the 27"' day of August, 2008 granted and
conveyed to the City of Fort Collins, Colorado, an easement for the installation of utilities, which
easement is located on that certain real property in Larimer County, Colorado, legally described as
follows:
A portion of vacated Jefferson Street in Fort Collins, Larimer County, Colorado, NE'ly
and adjacent to the existing public utility easement recorded at reception #98046476
of the Larimer County, Colorado records, more particularly described as:
Commencing at the point of intersection of SE'ly line of Linden Street 100 feet wide as
now established with the NE'ly line of Jefferson Street 100 wide as formerly
established; then along said SE'ly line of Linden Street South 41012' West 30 feet;
then parallel with and 30 feet distant SW'ly measured at right angles from said NE'ly
line of Jefferson Street, South 48052' East 505 feet and North 41012, East 14 feet to
the true point of beginning which is the Northernmost point of said existing easement;
thence South 48052' East 11 feet; thence North 41*12' East 14 feet; thence North
48052' West 11 feet; thence South 41012' West 14 feet to the true point of beginning;
which easement shall be hereinafter referred to as "the Easement"; and
WHEREAS, Home State Bank is the owner and holder of that certain Deed of Trust recorded
on April 16, 1998 at Reception Number of the Larimer County, Colorado, records
hereinafter referred to as "the Deed of Trust." I99
NOW THEREFORE, Home State Bank, as the owner and holder of the Deed of Trust for
valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby
consents to the terms and provisions of the Easement without, however, joining in any of the
warranties, guarantees or indemnities contained therein, and agrees that the subject Deed of Trust
shall be junior and subordinate to the Easement in the event of foreclosure of the Deed of Trust.
Attest:
BY: �1153rti1_ j�zot
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
FOR: Home State Bank
BY:✓NMJ�� ire
Title
Subscribed and sworn to before me this
as
State Bank.
Witness my hand and official seal.
My Commission expires: _I;
City ciervs Mice, Fort Collins, 060rdtift
day of `41 200 , L, by +
for _me
Notary Public : ANUSENC2
v JX.
RECEPTION#: 20080060239, 09/22/2008 at
01:47:39 PM,
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Scott Doyle, Larimer County, CO
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES
Ray B. Hess and Audrey A. Hess, hereinafter referred to as "the Grantor', of the County of Larimer,
State of Colorado, do hereby grant and convey to the City of Fort Collins, Colorado, a municipal
corporation, its licensees, successors and assigns, hereinafter referred to collectively as "the
Grantee", in consideration of the payment by the Grantee of the sum of $1,155.00, and other good
and valuable consideration, receipt of which is hereby acknowledged, a right-of-way and easement
for the installation and continued operation, maintenance, repair, alteration, inspection, and
replacement of the electric utilities of the Grantee, (including, without limitation, cable television) in,
on, under, across, and above the following premises, belonging to the Grantor in Larimer County,
State of Colorado, in the following location:
A portion of vacated Jefferson Street in Fort Collins, Larimer County, Colorado, NE'ly
and adjacent to the existing public utility easement recorded at reception #98046476
of the Larimer County, Colorado records, more particularly described as:
Commencing at the point of intersection of SE'ly line of Linden Street 100 feet wide as
now established with the NE'ly line of Jefferson Street 100 wide as formerly
established; then along said SE'ly line of Linden Street South 41012' West 30 feet;
then parallel with and 30 feet distant SW'ly measured at right angles from said NE'ly
line of Jefferson Street, South 48*52' East 505 feet and North 41*12' East 14 feet to
the true point of beginning which is the Northernmost point of said existing easement;
thence South 48*52' East 11 feet; thence North 41*12' East 14 feet; thence North
48*52' West 11 feet, thence South 41012' West 14 feet to the true point of beginning;
Together with all rights of ingress and egress necessary for full and complete use, occupation, and
enjoyment of the easement hereby granted, and all rights and privileges incident thereto, including
the right, as becomes necessary, to out, trim, and remove trees, brush, overhanging branches, and
other obstructions which may injure or interfere with the Grantee's public utility system. The Grantee
shall be responsible for the reasonable restoration of the Grantor's property upon completion of
installation or otherwise compensate the Grantor for damage done during construction or
subsequent reentry for repair or reconstruction purposes. 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.
Ray B. H,6ss
STATE OF COLORADO )
COUNTY OF LARIMER ASS
Audrey( Hess
*aB. He$s and Audrey A. Hess acknowledged the foregoing instrument before me this day of
20 � . —
ZPav nr,B
Witnes my hand and official ICONNIE !�
i sMITN
My Commission Expires:
'oU. Notary Public
My COMMISSION EXPIRES
Newly created legal description preparedlAIPI I Teraoka, City Pon Collins, P.O. Box 580, Fort Collins, Colorado.
7 City Clerk's Office, Fort Collins. Golorada