HomeMy WebLinkAboutHARMONY MOBILE HOME PARK - Filed ED-EASEMENT DEDICATION - 2002-10-25RCPTN # 9JU021/8 0111219.1 10:38:00 # PAGES - 6 FEE - $30.00
M. RODENHERGF.R RECORDER, 1,ARIMER COUNTY CO STATE: DO(' FEE - $.00
DEED OF EASEMENT
THIS DEED, made this day of December , 1992 , between
HARMONY ROAD MOBILE HOME PARK PARTNERSHIP, a Colorado General
Partnership, of the County of Larimer , State of Colorado,
GRANTOR, whose address is 6240 North Federal Boulevard, Denver,
Colorado, and THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort
Collins, Colorado 80521.
WITNESSETH:
That for and in consideration of the covenants and agreements
herein set forth, the sum of TEN DOLLARS ($10.00), and other good
and valuable consideration in hand paid by the Grantee to the
Grantor, the receipt and adequacy of which is hereby acknowledged,
the Grantor hereby grants, sells and conveys to the Grantee, its
successors and assigns, a perpetual non-exclusive easement and
right-of-way to install, operate, maintain, repair, reconstruct,
replace, inspect and remove, at any time and from time to time a
waterline, 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 Lar.imer, State of Colorado, being
described more fully on Exhibit "A" attached hereto and by this
reference made a part hereof.
The Grantor further grants to the Grantee:
(a) the right of ingress to and egress from said easements
over and across 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 from time to time to enlarge, improve,
reconstruct, relocate and replace any public
improvements, or other structures constructed hereunder
with any other number or type of public improvements, or
other structures either in the original location or at
any alternate location or locations within said
easements;
(c) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross said
easements;
(d) the right to mark the location of said easements by
suitable markers set in the ground; provided that said
markers shall be placed in locations which will not
interfere with any reasonable use Grantor shall make of
said easements.
Grantor reserves the right to use said easements for purposes
which will not interfere with Grantee's full enjoyment of the
rights hereby granted; and the parties further agree that the uses
of said easement by Grantor and the agreements concerning those
uses shall be as follows:
(a) Grantor shall not erect or construct any building or
other structure, or drill or operate any well, or
construct any reservoir or other obstruction, or
otherwise add to the ground level in said easements;
(b) Grantor shall not deposit, or permit or allow to be
deposited, earth, rubbish, debris, or any other substance
or material, whether combustible or noncombustible, on
said easements.
The Grantor states that it is the lawful owner in fee simple
of the real property described herein; that it has a good and
lawful right and authority to grant, sell and convey said property
or any part thereof and that it warrants the title of said
property.
In consideration for Grantor granting the foregoing easement,
Grantee agrees as follows:
(a) Grantee will duly maintain the easement in accordance
with applicable law and ordinance;
(b) Grantee shall terminate the easement and deliver to
Grantor an appropriate written document evidencing same
in the event the easement is no longer needed by Grantee;
and
(c) Grantee indemnifies and agrees to hold Grantor harmless
for liability for damage caused by the Grantee's
negligence in constructing the project and use of the
project, but subject to the Grantee's defenses and
immunity under the Colorado Governmental Immunity Act
and as otherwise provided by law.
Recording of the easement granted herein shall constitute
irrefutable evidence that Grantee is bound by its agreements set
forth herein.
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
2
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 bynthe City
Council of the City of Fort Collins on the "1 day of g2(XtA..
199�. J
HARM�RO4H PARTNE IP
By:
General Partner
STATE OF COLORADO )
) ss.
COUNTY OF Adams )
Subscribed and sworn to before me this 9thday of December
199� by Edward H Brooks as
General Partner of Harmony Road Mobile Home Partnership.
witness my hand and official seal.
My Commission expires: Jan 17, 1994
Notar PINlic
Accepted by the City of Fort Collins, Colorado this day
of (�i199�.
,Jt CITY tF FORT CO IN C LORADO
By
City Manager
ATTEST:
City Clerk
3
(CORPORATE SEAL)
APPROVED AS TO FORM
Assista ity Attorney
i.
/ EXHIBIT "A" Page 1 of 2
DESCRIPTION OF A WATERLINE EASEMENT IN THE HARMONY ROAD MOBILE HOME
PARK
A tract of land located in the southwest one quarter of Section 32,
Township 7 North, Range 68 West of the Sixth Principal Meridian,
Larimer County, Colorado, being more particularly described as
follows;
Considering the line between the west one quarter of the said
Section 32, being a aluminum cap in a range box, and the northwest
corner of the northeast one quarter of the said southwest one
quarter, being a No. 4 rebar with LS 16415 cap, being the north
line of the said southwest one quarter as bearing South 89 degrees
32 minutes 15 seconds East, and with all bearings contained herein
relative thereto;
Commencing at the said west one quarter of Section 32,
THENCE along the said north line of the southwest one quarter,
South 89 degrees 32 minutes 15 seconds East for a distance of
1323.16 feet to the said northwest corner of the northeast one
quarter of the southwest one quarter;
THENCE continuing along the said north line, South 89 degrees
32 minutes 15 seconds East for a distance of 168.15 feet;
THENCE South 00 degrees 37 minutes 58 seconds East for a
distance of 7.83 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE South 00 degrees 37 minutes 58 seconds East for a
distance of 29.57 feet;
THENCE North 88 degrees 51 minutes 47 seconds East for a
distance of 45.08 feet;
THENCE North 01 degrees 08 minutes 13 seconds West for a
distance of 20.00 feet;
THENCE South 88 degrees 51 minutes 47 seconds West for a
distance of 24.91 feet;
THENCE North 00 degrees 37 minutes 58 seconds West for a
distance of 9.39 feet;
THENCE South 89 degrees 22 minutes 02 seconds West for a
distance of 20.00 feet to the point of beginning.
The above described tract contains 1090 square feet and is subject
to all easements and rights of ways now existing or of record.
I hereby state that the above easement description accurately
describes a survey done by me or under my direct supervision and is
true and correct to the best of my professional knowledge, belief
and opinion.
(i�lQYlc-- C!qg
WALLACE C. MUSCOTT DAT
COLORADO P.L.S. 17497
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