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Home My WebLink AboutFAIRWAY ESTATES - Filed ED-EASEMENT DEDICATION - 2002-10-25RCPTN # 92065926 16,21/92 14:51:00 # PAGES - 6 FEE - $30.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 DEED OF EASEMENT 2/A / THIS DEED, made thishday of , 1992, between HARMONY OFFICE PARR PARTNERSHIP, a Co orado General Partnership, of the County of Larimer, State of Colorado, GRANTOR, whose address is 219 W. Magnolia Street, 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 FIVE HUNDRED DOLLARS ($500.00), 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 storm drainage 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. In addition thereto, Grantor grants to the Grantee a temporary construction easement being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof for the purpose of constructing the aforementioned public improvements. As a condition of 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; provided, that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; (c) the right to mark the location of said easements by suitable markers set in the ground; provided that said 1 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said easements. This easement is granted only for the purposes as above stated. 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 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 t.n day of 1992. HARMONY OFFICE PARK PARTNERSHIP, a Colorado General Partnership By:_ Thomas T. Smith, General Partner Clinton . Prust, General Partner 01 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) �T i to before me this �day of T. Smith and Clinton A. Prust, as neral Partners j NON TRY `: Wi es nd an official seal. p p� �/ y}— 91-- My om}giPsy8=C ' i es: // — glFOF CO�OeP� tary Public Accepted by the City of Fort Collins, Colorado this (0"' day of O(i(,,�)er , 1992 . ATTEST: I" \tom NSA- " APPROVED AS TO FORM Ass is nt'Cit. Attorney CITY OF FORT COLLINS, COLORADO By Z#V &r&Z - 06601 City ManAge 3 EXHIBIT "A" Page 1 of 3 DESCRIPTION OF A PERMANENT UTILITY EASEMENT TO BE GRANTED TO THE CITY OF FORT COLLINS ON THE HARMONY OFFICE PARK PARTNERSHIP PROPERTY A PERMANENT UTILITY EASEMENT located in the northwest one quarter of Section 1 Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in that certain tract of land as described in a Warranty Deed dated May 4, 1981 and recorded in Book 2113 at Page 1448 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the south line of the said tract recorded in Book 2113 at Page 1448 as bearing North 82 degrees 13 minutes 56 seconds West, and with all bearings contained herein relative thereto; Commencing at the northwest corner of the Lot 26 Fairway Estates, a Plat of record with the said Clerk and Recorder, being the TRUE POINT OF BEGINNING of this description, THENCE along the said south line of the tract described in Book 2113 at Page 1448, North 82 degrees 13 minutes 56 seconds West (previously recorded as North 82 degrees 27 minutes 47 seconds West) for a distance of 24.00 feet; THENCE leaving the said south line, North 07 degrees 46 minutes 04 seconds East for a distance of 92.00 feet; THENCE South 82 degrees 13 minutes 56 seconds East for a distance of 64.00 feet; THENCE South 07 degrees 46 minutes 04 seconds West for a distance of 17.78 feet to the easterly line of the said tract described in Book 2113 at Page 1448; THENCE along the said easterly line, South 36 degrees 05 minutes 20 seconds West for a distance of 84.31 feet to the point of beginning. Containing 4404 square feet. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description and areas shown are based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 IV Lr .) DATE W EXHIBIT "A" Page 2 of 3 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE GRANTED TO THE CITY OF FORT COLLINS ON THE HARMONY OFFICE PARK PARTNERSHIP PROPERTY A TEMPORARY CONSTRUCTION EASEMENT located in the northwest one quarter of Section 1 Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in that certain tract of land as described in a Warranty Deed dated May 4, 1981 and recorded in Book 2113 at Page 1448 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the south line of the said tract recorded in Book 2113 at Page 1448 as bearing North 82 degrees 13 minutes 56 seconds West, and with all bearings contained herein relative thereto; Commencing at the northwest corner of the Lot 26 Fairway Estates, a Plat of record with the said Clerk and Recorder, THENCE along the said south line of the tract described in Book 2113 at Page 1448, North 82 degrees 13 minutes 56 seconds West (previously recorded as North 82 degrees 27 minutes 47 seconds West) for a distance of 24.00 feet TO THE TRUE POI14T OF BEGINNING of this description; THENCE continuing along the said south line, North 82 degrees 13 minutes 56 seconds West for a distance of 20.00 feet; THENCE leaving the said south line, North 07 degrees 46 minutes 04 seconds East for a distance of 92.00 feet; THENCE South 82 degrees 13 minutes 56 seconds East for a distance of 20.00 feet; THENCE South 07 degrees 46 minutes 04 seconds West for a distance of 92.00 feet to the point of beginning. Containing 1840 square feet. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description and areas shown are based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 DA i 174'%7 _ *ST '•ENO LUfNE.O�FP ` 4.q •'�f��i 0 ttco` ",`t`c A O 0 r m a x CA Q in �f EXHIBIT "A" Page 3 of 3 L OC,9T/ON SAETCH FOR HARMONY OFF/CE PARS( P,411?7NERSH110 PROPERTY S82- 3 W o W � � = o O � N ti o � � 0 5 p o0 w O 0 ^� EASEMENT GERMAlvpo 4404 � z Map #2 1 ��ff /IMpIO Ln •r• 41.1 : / L i ' bolls Dr V CI •/ Dr able Cf R L-- O IJ Ir Or (ii cwbnd•1. wulih./r.r `...1,<.�a �� wn _�—.- L�.v.n.xwa c.r.wu.� q Ln F 1 A.v�dk w u•v V E Monro/ Or 0 p NU F ��/lll 51dnry + ! g 0//ml 7�cb Wq Cf nw on g g Hw Ulmlh Ad rp n WllaulmlpA ! 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