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HomeMy WebLinkAboutEVERGREEN PARK REPLAT - Filed ED-EASEMENT DEDICATION - 2002-11-12RCPTN # 95007629 02/08/95 10:31:00 # PAGES - 3 FEE - $15.00 M RUDENBERGER RECORDER, LARIMER C(QUNT1l C() STATE D()C FEE 00 DEED OF DEDICATION FOR EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Dennis M. Smilie, being the owner of certain real property in Latimer County, Colorado legally described at Reception No. c), � c, Tc- 7 2-71 in the Latimer County Records, in consideration of ten dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, a Municipal Corporation, for public use forever a permanent easement for Drainage and Access in the City of Fort Collins, County of Latimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this L day of )c:-.y , 19 � t --S-- . G mor Dennis M. Smilie ATTEST: Title: STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this w tA day ofQ �. C i/ 19 -1z, —, by Dennis M. Smilie. /', MCP :;!@� NotaryPuI lie GE01GIANAJ. Address DEINES WA Accepted by the City of Fort Collins on the day of F-t'6Y(14 r ti 199�_. City Clerk # ye(1ui44 uz/od/96 13:0b:00 # PAGES - i FEE - $16.00 bNr)E� uhSe.k. SAP .MEN' C�[7 `Y :.0 =i E DOC FEE EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned being the owner of record of Lots 5 & 6, Block 5, Replat (No. 1) of Evergreen Park, City of Fort Collins, County of Larimer, State of Colorado, as recorded in Larimer County records at Book 1157, Page 0128, Reception Number 85405, do hereby dedicate and convey to the City of Fort Collins for public use forever hereafter drainage easements described as follows: DESCRIPTION OF EASEMENT OVER LOT 5 Beginning at the Northwest corner of Lot 5, Block 5, Replat (No. 1) of Evergreen Park, said point being on the Blue Spruce Drive Right -of -Way line and being the TRUE POINT OF BEGINNING of this description: Thence continuing along the north property line of said Lot 5, North 90°00'00" East, 301.25 feet; thence leaving said north property line and continuing South 00000'00" East, 50.50 feet; thence North 90°00'00" East, 65.75 feet; thence South 00000'00" East, 49.50 feet; thence North 90000'00" West, 367.00 feet to a point along the Blue Spruce Drive Right -of -Way; thence North 00000'00" East, 100.00 feet to the TRUE POINT OF BEGINNING. Excluding the following area: Beginning at the Northwest corner of Lot 5, Block 5, Replat (No. 11 of Evergreen Park, said point being on the Blue Spruce Drive Right -of -Way line; thence continuing along the north property line of said Lot 5, North 90000'00" East, 79.00 feet; thence leaving said north property line and continuing South 00000'00" East, 10.25 feet to the TRUE POINT OF BEGINNING of this description: Thence North 90000'00" East, 200.25 feet; thence South 00000'00" East, 60.25 feet; thence North 90°00'00" West, 200.25 feet; thence North 00000'00" East, 60.25 feet to the TRUE POINT OF BEGINNING. DESCRIPTION OF EASEMENT OVER LOT 6 Beginning at the Southwest corner of Lot 6, Block 5, Replat (No. 11 of Evergreen Park, said point being on the Blue Spruce Drive Right -of -Way line and being the TRUE POINT OF BEGINNING of this description: Thence continuing along the south property line of said Lot 5, North 90°00'00" East, 301.25 feet; thence leaving said south property line and continuing North 00°00'00" East, 50.50 feet; thence North 90000'00" East, 65.75 feet; thence North 00000'00" East, 49.50 feet; thence North 90000'00" West, 367.00 feet to a point along the Blue Spruce Drive Right -of -Way; South 00000'00" East, 100.00 feet to the TRUE POINT OF BEGINNING. Excluding the following area: Beginning at the Southwest corner of Lot 6, Block 5, Replat (No. 1) of Evergreen Park, said point being on the Blue Spruce Drive Right -of -Way line; thence continuing along the south property line of said Lot 6, North 90000'00" East, 79.00 feet; thence leaving said south property line and continuing North 00000'00" East, 10.25 feet to the TRUE POINT OF BEGINNING of this description: Thence North 90°00'00" East, 200.25 feet; thence North 00000'00" East, 60.25 feet; thence North 90000'00" West, 200.25 feet; thence South 00000'00" East, 60.25 feet to the TRUE POINT OF BEGINNING. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins does not have the duty to maintain the easement. Witness my hand and seal this day of December, 1995. SIERRA BUILDERS LTD., LLC, a Colorado limited liability company By: Paden Enterprises, Inc., a Colorado corporation By: Dennis R. Meyer, President �1•��:...,, � /" / l,�-U �/� — ��-''���-ELF,( — N i DENNIS R. MEYER, President of Paden Enterprises, Inc., a Colorado corporation, Managing Member of Sierra Builders Ltd., LLC, a Colorado limited liability company STATE OF COLORADO 1 ss. COUNTY OF LARIMER ) ,h SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this day of December, 1995, by Dennis R. Meyer as President of Paden Enterprises, Inc., a Colorado corporation, Managing Member of Sierra Builders Ltd., LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: %- 1 �_f.' •i_I -- Notary Public ATTORNEY'S CERTIFICATE �t h This is to certify that on the 1 "! day of December, 1995, 1 examined the title to the property hereon described and established that the owners and proprietors of record of said property as construed in C.R.S. 1973, 31-23-111, are as shown hereon as of said date. SAATHOFF LAW OFFICE, P.C., Scott K. Saat ff, #2 790 0 315 West Oak Street, Suite 504 Fort Collins, Colorado 80521 Telephone: (970) 224-2026 Legal Description Prepared By: Shear Engineering Corporation 4836 South College Avenue Fort Collins, Colorado 80525-3745 Accepted by the City of Fort Collins on the b day of City Clerk Nn w..ay1996. 13 LOT 5 Dc Proposed Drainage Easement LOT 6 'Op LOT 16 Proposed iy Drainage and > J V Detention p� Easement O _ U Q 0LU IL L m CONIFER STREET VICINITY MAP MAP #1 Proposed Drainaqe Drainage Easement & and Detention Easement 01 /10/96 1"= 300' - - EXISTING C�1>r nArO x0 0 Z r m r m ✓s C- o0 O o \ u O 6 o mo-° n0 m D Q m D Cn N a 0 m > m w F ro O Q O O O O \I� D — — — — m 2 o r I �- rn K N I r N & UTILITY EASEMENT EXISTING 16' DRAINAGE N 00'00'00" E 100.00' N 00'00'00" E 100.00, r O Y �n N N RCPTN 9 96009446 02/08/96 13 06:00 # PAGES — Z FEE — $11.00 M '.i�D �VBEr":iEF.. FEc;'l?�liER, LAr.;MER —0UN^_Y CO STATE DOC FEE EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the owners of Lot 16 in Block 4 of Replat (No. 1) of Evergreen Park, City of Fort Collins, County of Larimer, State of Colorado, do hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, for use forever a permanent easement for drainage and stormwater detention over that part of said Lot 16 which is contained within the boundary lines which begin at a point which bears North 5.00 feet, and again West 7.00 feet from the southeast corner of said Lot 16, and run thence West 170.00 feet; thence North 16.00 feet; thence East 33.00 feet; thence North 7.00 feet; thence East 53.00 feet; thence North 49.00 feet; thence West 86.00 feet; thence North 18.00 feet; thence East 170.00 feet; thence South 90.00 feet to the point of beginning. Witness our hands and seals By Daniel Vogel U NOTARY A M'M State of Colorado),,, County of Larimer) instrument by Witness my hand and official Notary Public A.D. 19 5. L. Wartenbe me thisoj0day My notarial commission expires: p1OMANNS"WW l W ATTORNEY'S CERTIFICATE A.D. 19-9S' This is to certify that on the of A.D. 19, I examined the title to the property hereon described and established that the owners and proprietors of record of said property as construed in C.R.S. 1973, 31-23-111, are as shown hereon as of said date. Signature: Registration No. Address: th Acccp'.?d'by the City o` Fcr'. Collins or the ` day Ir City Clerk ATTORNEY'S CERTIFICATE This is to certify that on the 8th day of November 1995 I examined the Warranty Deed dated March 30, 1994 by which Daniel A. Vogel and Richard L. Wartenbe acquired title to the premises described below. I also examined the Larimer County Assessor's current records and the Larimer County Clerk and Recorder's records for the period from April 7, 1994 through and including November 2, 1995. Based upon my examination of these documents, I have established that the owners and proprietors of record of said property as construed in C.R.S. 1973, 31-23-111 are Daniel A. Vogel and Richard L. Wartenbe. The property which was the subject of my examination is described as follows: Lot 16, Block 4, Replat Number 1 of EVERGREEN PARK, in the City of Fort Collins, according to the recorded Plat thereof, County of Larimer, State of Colorado. Dated this 1-f/ day of November, 1995. Ms NELSON, REID & SCHWARTZ John, , Reid, A.R.`#4615 125 . Howes, Suite 1000 Fo Collins, Colorado 80521 ( 70) 221-5600 VICINITY MAP 01/10/96 MAP #1 Proposed Drainaqe Drainage Easement & and Detention Easement 1"=300• RCPTN # 9600945U 02/08/96 13:06:00 # PAGES - 3 FEE - $16.00 M RODENEERGER RECORDER, 1,ARIMFR COUNTY C.O STATE DOC FEE - $.00 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned, being the owners of Lots 25 through 30, Block Four, Replat of Evergreen Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado, do hereby dedicate and convey to and for public use, forever, the following described drainage easements, provided however, that acceptance by the City of Fort Collins of this dedication of easements does not impose upon the City a duty to maintain the easements so dedicated. 1. The Westerly 5.00 feet of Lot 25, Block Four, Replat of Evergreen Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado. 2. The Easterly 5.00 feet and the Westerly 5.00 feet of Lot 26, Block Four, Replat of Evergreen Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado. 3. The Easterly 5.00 feet and the Westerly 5.00 feet of Lot 27, Block Four, Replat of Evergreen Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado. 4. The Easterly 5.00 feet and the Westerly 5.00 feet of Lot 28, Block Four, Replat of Evergreen Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado. 5. The Easterly 5.00 feet and the Westerly 5.00 feet of Lot 29, Block Four, Replat of Fvergreen Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado. 6. The Easterly 5.00 feet of Lot 30, Block Four, Replat of Evergreen Park Second Filing, City of Fort Collins, County of Larimer, State of Colorado. Witness our hands and seals this day of 4,-gzt , A.D. 1995. R. J. DEVELCO; a Colorado Corporation Bv State of Colorado)„ County of Larimer) Attest: / The foregoing instrument was acknowledged before me thisa day of O r NAJW Witness my hand and official seal. Notary Public a t P( f 7.�`•. j ftic M notarial commission expires: y xP F r•.,, c�4. . ATTORNEY'S CERTIFICATE r This is to certify that on the 13s --of A.D. 191f, I examined the title to the property hereon described and established that the owners and proprietors of record of said property as construed in C.R.S. 1973, 31-23-111, are as shown hereon as of said date. Signature: Registration No. Page 1 of 2 Address: Accepted by the City of Fort Collins on the day of This Consent and Ratification is to be attached to and incorporated into the Easement Dedication dated April 25, 1995, said easement being given by R.J. Develco, a Colorado Corporation as owners of Lots 25 through 30, Block Four, Replat of Evergreen Park Second Filing. CONSENT AND RATIFICATION The undersigned holder of a Deed of Trust and Security Agreement on all or a portion of the real property described on Page 1 hereby consents to the grant of the foregoing Easement and ratifies it. If the undersigned obtains title to said parcel, by foreclosure or otherwise, the undersigned shall be bound by the foregoing Easement. Dedication. This Consent and Ratification shall be binding upon the undersigned, its successors and assigns. Signed this day of ! -a 4A 1995. f KEY BANK OF AORADO, by: J ,v nAft/� SteveiJK. Skaar, Constr tion Loan Manager CONSENT AND RATIFICATION The undersigned holder of a Deed of Trust and Security Agreement on all or a portion of the real property described on Page 1 hereby consents to the grant of the foregoing Easement and ratifies it. If the undersigned obtains title to said parcel, by foreclosure or otherwise, the undersigned shall be bound by the foregoing Easement Dedication. This Consent and Ratification shall be binding upon the undersigned, its successors and assigns. Signed this 2 S day of -W , 1995. CONN/E/I/�/tESOU CEO INC., a Colorado Corporation by / 1. (2 Page 2 of 2 A, NOTARY ACKNOWLEDGMENTS STATE OF COLORADO)SS. COUNTY OF LARIMER) The foregoing Consent and Ratification was acknowledged before me this 9th day of May, 1995, by: STEVEN K. SKAAR, as Construction Loan Manager in and for KEY BANK OF COLORADO. Witness my hand and official seal. My commission expires: 8/27/95 Notary Public 64 South College Avenu Fort Collins, CO 80524, STATE OF COLORADO) COUNTY OF LARIMER)SS: r Y PI ALIC The foregoing Consent and Ratification was acknowledged before me this 025 day of May, 1995, by: Witness my hand and official seal. My commission expires: 5- .5- z Notary Public MOORE, SMITH & WILLIAMS, P.C. ATTORNEYS AT LAW O AVID N. JONNSON 425 WEST MULBERRY STREET. SUITE 112 MICHAEL D. LIGGETT FORT COLLINS, COLORADO 80821-2896 TNOMAS H. MOORE ERIC A. PETERSON DAVID S. POWER KELSEY J. SMITH DAVE WILLIAMS ZACHARY G. WILSON ATTORNEY'S CERTIFICATE This is to certify that on the 18th day of January, TELEPHONE IS 03) 482.9 770 FACSIMILE (303) 482-0330 1995, I personally examined the title to the following described property: Lot 6, Block 4, REPLAT NO. 1 OF EVERGREEN PARK, City of Fort Collins, County of Larimer, State of Colorado Based upon that investigation, I have established that Dennis Smilie was the owner and proprietor of record of said property as construed in C.R.S. 31-23-111, as of January 12, 1995. MOORE, SMITH & WILLIAMS, P.C. t Zachary yKjWilson, #12608 425 West lberry, Suite 112 Fort Collins, CO 80521 Telephone: (303) 482-9770 Fax: (303) 482-0339 sld F A/t Nttr �p /Pr osed Drain ge Easeme is —� Lot 30 Lot 29 Lot 28 Lot 27 Lot 2 Lot 25 eRF�FR�R/�F LU W FF h W cqJ a M to VICINITY MAP 01/10/96 MAP #5 Proposed Drainage Easements 1"=100' RESOLUTION 85-164 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY WHEREAS, the City of Fort Collins desires to acquire certain lands hereinafter described for the purpose of the construction of the Northeast Loop Waterline; and WHEREAS, the City has attempted to negotiate the acquisition of said property and rights from the owners thereof, which negotiations have been been unsuccessful; and WHEREAS, immediate acquisition of the property and rights is necessary to maintain the schedule for construction of the Northeast Loop Waterline; and WHEREAS, the acquisition of the same is desirable and necessary for public use and said acquisition may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The City hereby finds and determines that it is necessary that the City of Fort Collins acquire certain lands, together with easements and right-of-way, more particularly described as follows to be used for the construction of the Northeast Loop Waterline: LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT AND 20' PERMANENT UTILITY EASEMENT EVERGREEN PARK 2 Two strips of land in Lot 14, Block 4, Replat (No. 1) of Evergreen Park according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado, being described as follows: A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line, and a temporary construction easement lying 50 feet North of the following described reference line, and being bounded on the South by the South line of said Lot 14; Beginning at the Southeast corner of said Lot 14, Block 4 and considering the South line of said Lot 14 to bear North 89°3232" West, with all bearings contained herein relative thereto; thence Northerly along the East line of said Lot 14 North 00021'48" East, 26.72 feet to the True Point of Beginning of said reference line; thence departing said East line North 89°31'14" West 395.00 feet to the West line of said Lot 14 and the point of terminus of this description, with said point of terminus lying 26.87 feet North of the Southwest corner of Lot 14. The above described permanent utility easement contains 7,900 square feet, more or less, and the above described construction easement contains 30,300 square feet, more or less. Section 2. The City Council hereby finds and determines that it is not possible to acquire such property, right-of-way and easement by negotiating with the owners thereof and, therefore, authorizes the City Attorney and other proper officials of the City to acquire the same for the City by eminent domain proceedings. Passed and adopted at a regular meeting of the City Council held this 17th day of September, A.D. 1985. ATTEST: City Clerk R^PTN # 85046722 09 3/85 11:26:53 # OF PAC ; — 5 FEE — $15.00 J. ULVANG, RECORDER — LARIMER COUNTY, CO. DOC. F'rE— $.00 DEED OF EASEMENT THIS DEED, made this 4 day of 4&198 15--1 between RICHARD D. URBOM and BARBARA J. URBOM o the County of Larimer, State of Colorado, GRANTOR, whose address is 1304 N. College Ave. Ft. Collins, Colorado 80b24, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80b21. WITNESSETH: That for and in consideration of the covenants and agreements herein set forth, the sum of TWO THOUSAND ONE HUNDRED AND NO/100---------- DOLLARS ($21UU.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 underground waterline and structures, together with a right-of-way for access, on, along, and in all of the hereinafter described easements of those certain lands which are 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 described more fully on Exhibit "A" attached hereto for the purpose of constructing the aforementioned waterline. 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. 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 waterline, or other structures constructed hereunder with any other number or type of utility facilities, 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 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 and 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 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 paries 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 Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to a motio "opt y the City Council of the City of Fort Collins on the day of, 1y� � nh I Richard D. Urbom, Grantor Barbara J. Urb , Grantor STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) hubscri bed �1and orn to b fore me thi s (o day f 198-, - , by qL 'z' 6.0" as Witness my hand and official seal. My Commission expires: .9- 19�� Notary Public Address: Accepted by the City of Fort Collins, Colorado this day of 19 8iF. CITY OF FORT COLLINS, COLORADO ATTEST: City Clerk �• (CORPORATE SEAL) By > r C'\nlDl I H raye 1 V i C .......... PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN LOT 16, BLOCK 3, REPLA T (NO. 1) OF EVERGREEN PAP, bf, CITY OF FORT COLLINS, LARIMER COUNTY, COLOR 1 O REDCEDAR CIRCLE TRUE POINT OF BEGINNING /V 00 '21 148 "E 127. 00 SE. CORNER LOT 16, BLOCK 3 I I TEMPORARY CONSTRUCTION EASEMENT t i 50' I I 20' PERMANENT UTILITY EASEMENT I I 10' I I � I 10' LOT 16, BLOCK VARIES I3 I 13 t � I :) m t I I SCALE 1". 40' W� W I iV ? '' j m 0 I W I y0 I I S 00 '21 '48 "I✓ 27. 12 EXISTING 20' ALLEY TARANTO, STANTON & TAGGE Consulting Engineers SHEET 1 OF 2 SHEETS Jo b /Va. )a- O4/-/33 LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent Utility Easement Two strips of land in Lot 16, Block 3, Replat (No. 1) of Evergreen Park according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line and a temporary construction easement lying 50 feet North of the following described reference line and being bounded on the South by the South line of said Lot 16: Beginning at the Southeast corner of said Lot 16 and considering the East line of said Lot 16 to bear North 00°21'48" East with all bearings contained herein relative thereto; thence Northerly along said East line North 00°21'48" East, 27.00 feet to the True Point Of Beginning of said reference line; thence departing said East line North 89°31'14" West, 300.00 feet to the West line of said Lot 16 and the point of terminus of this description. The above described permanent utility easement contains 6,000 square feet, more or less, and the above described temporary construction easement contains 23,100 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, 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. wvtc to Q85 Date MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration Number 22564 EG�sI ' C. C,qF ;F9 22564 s e e e, �o e. cf� e•e •.• JQ /O�''4 i ei A1�OS TARANTO, STANTON & TAGGE Consulting Engineers L.J SHEET 2 OF 2 SHEETS f/ O,h /Ya, /O- O4f/-/33 Map #2 RC P.MN # 85050546 1 )3/85 08 :16: 59 # OF PF S - 5 FEE - $15. 00 J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- 5.00 DEED OF EASEMENT THIS DEED, made this day of198,E , between ARCHIE L. WAINWRIGHT, as legal owner, County of Denver, State of Colorado, and JAY KEE JACOBSON, as Contract Purchaser, County of Arapahoe, State of Colorado, hereinafter collectively referred to as GRANTORS, 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 TWELVE HUNDRED SIXTEEN AND 86/100 DOLLARS ($1216.86), 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 underground waterline and structures, together with a right-of-way for access, on, along, and in all of the hereinafter described easements of those certain lands which are 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 not to exceed forty (40) feet on the northerly side, and fifteen (15) feet on the southerly side of the aforementioned permanent easement for the purpose of constructing the aforementioned waterline. 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 from time to time to enlarge, improve, reconstruct, relocate and replace any waterline, or other structures constructed hereunder with any other number or type of utility facilities, 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 EXHIBIT "A" Easement Description Commencing at the Northwest Corner of Lot 6, Block 4, Replat (No. 1) of Evergreen Park, and run thence S89°54'20"E, 6.00 feet to the True Point Of Beginning; thence continuing S89054'20"E, 164.00 feet; thence S00°00'00"E, 54.34 feet; thence S90000'00"W, 60.00 feet; thence S00°00'00"E, 80.00 feet; thence S90°00'00"E, 60.00 feet; thence S00°00'00"E, 24.00 feet; thence N90'00'00"W, 100.00 feet; thence N00°00'00"W, 104.00 feet; thence N90°00'00"W, 40.00 feet; thence S00°00'00"E, 61.00 feet; thence N90°00'00"W, 24.00 feet; thence N00"00'00"W, 115.61 feet to the True Point Of Beginning. 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 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 and 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 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 he 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, and it is expressly understood that the rights herein granted may be assigned by the Grantee, without limitation, to Platte River Authority, Public Service Company of Colorado and such others as may, in Grantee's discretion, be desirable. 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 Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to a motion adopted by the City .�uncil of the City of Fort Collins on the day of �, 198_ / STATE OF COLORADO ss. COUNTY OF L AR TRER) s/ Subscribed and sworn to before me this day of , 198/ , by ^ �S . " __- Witness my hand and official seal. ' Notary PUbilOo � \ Address: Accepted by the City of Fort Col liDS, Col0rddn this day 0f I98!�. -----' -------- CITY OF FORT COLLINS, C0L0RAD0 / By / /4//� ATTEST: " (C0RPORATE SEAL) WAINWRIGHT rPERMANENT UTILITY EA:-ZMENT AND TEMPORARY CONSTRUCTION EASE& NT IN THE WEST HALF OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO PORTION OF THE W 112, SECTION 1 T7N, R69W. BOOK 1597, PAGE 130 & 131 ll�ft Y Q cr a Q W a � 2 W V � W W ? O y W � 2 S 89-11 ' 14 "E 7F.9—.70 OF BEGINNING SE. CORNER LOT 13, BLOCK 6 REPLAT (NO. 1) OF EVERGREEN PARK n SCALE 1": 300' EASEMENT DE "AIL SCALE 1": 100' 75'TEMPORARY CONSTRUCTION EASEM NT REFERENCE LINE—^ 20'PERMANENT UTILITY EASEMENT TARANTO, STANTON & TAGGE Consulting Engineers 1.108 #- /D - 0 9/ - /33 LEGAL DESCRIPTION - 20' Permanent Utility Easement and 75' Temporary Construction Easement Two strips of land in the West Half of Section 1, Township 7 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, being described as follows; A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line and a 75 foot wide temporary construction easement lying 50 feet North an, 25 feet South of the following described reference line: Beginning at the Southwesterly corner of the that portion of the West'Half of said Section 1 being described in Book 1597, Pages 130 and 131, of the Larimer County Records, also being the Southeast corner of Lot 13, Block 5 of the Replat of Evergreen Park according to the recorded plat thereof; thence Northerly along the common line between said Block 5 and said parcel described in Book 1597, Pages 130 and 131, North 00021'48" East, 518.25 feet to the True Point Of Beginning of said reference line; thence departing said common line South 89°31'14" East, 713.70 feet to the Easterly line of said parcel described in Book 1597, Pages 130 and 131, and the point of terminus of this description. The above described permanent utility easement contains 14,300 square feet, more or less, and the above described temporary construction easement contains 53,500 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, 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. � � 7 1 -15 Date ✓ `G MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration Number 22564 C9�,,l�g�� P= 22564 won �vfij rrrr!!!!l+•SVf�. sL,y L LAB TARANTO, STANTON & TAGGE Consulting Engineers HEFT 2 OF 2 SHEETS c%b /Yo. /O- 09/-/33 ,J47970 C 19/85 14:26:54 # OF pp -ES — 6 FEE — $18.00 _,SIG, RECORDER — LARIMER COUNTY, CO. DOC. ZE— $.00 DEED OF EASEMENT THIS GEED, made this — day of � , 1985, between Larry and Terri E. Mickelson of the County of Albany, State of Wyoming, GRANTOR, whose address is 1133 Curtis, Laramie, Wyoming 82070, and THE CITY OF FURT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80b2l. WITNESSETH: That for and in consideration of the covenants and agreements herein set forth, the sum of ONE THOUSAND FOUR HUNDRED SEVENTY FIVE DOLLARS------------ ($1,475.UO), 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 underground waterline and structures, together with a right-of-way for access, on, along, and in all of the hereinafter described easements of those certain lands which are 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. As part of the consideration hereof, and by acceptance of this deed of easement, the Grantee shall, at its own expense, accomplish the items listed in Exhibit "B" attached hereto and by reference made a part thereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement described more fully on Exhibit "A" attached hereto for the purpose of constructing the aforementioned waterline. As a condition of the granting of this temporary construction easement, the Grantee covenants and agrees to restore said land, landscaping, fences, or other improvements to a level comparable to their original condition. 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, and replace the waterline constructed hereunder. (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 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 and 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 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 he executed as an Agreement 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 Cit Council of the City of Fort Collins on the B day of 198 S . tarty MicLMson � Terri E. Mitkelson STATE OF ss. COUNTY OF Ltd�iW-P\ Subscribed 198S—, by WitheS�iny hand and official seal. . ' `'m� commission expires: '\ L � .y ' Accepted by the City of Fort Collins, Colorado this day nf CITY OF FORT COLLINS, C0U}RADO City Clerk (CORPORATE SEAL) Exhibit "A" page 1 of PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCT101v EASEMENT IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OIW SECTIOA 1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN, LARIMER COUNTY y COLORADO a G� C. NOOX 1606, PAGE 403 �S P9'31 '14 "E - 175.00 _ S 89'38'12"E N NORTH L/P/E TRACT'C R EPL A T 0,10. 1) OF'EVRGREEN PARK W 114 CORNER SECTION 1 T7N, R69W a a ti 0 W 0 N 0 Z h N SCALE 1": 100' EASEMENT DETAIL N. T.S. TEMPORARY CONSTRUCTION EASEMENT I ,REFERENCE LINE - -- -�-- f-- -; - - — - --- n IT 2O' PERMANENT _ L/TILITY EASEMENT TSTI TARANTO, STANTON S TAGGE Consulting Engireers d09 # /G •Oq/ • /3s Exhibit "A" page 2 of LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent Utility Easement Two strips of land in that portion of the Southwest Quarter of the Northwest Quarter of Section 1, Township 7 North, Range 69 We -it of the Sixth Principal Meridian, Larimer County, Colorado described it) Book 1606, Page 403 of the Lorimer County records being described as follows- A 2.0 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line and a temporary construc!.i0n easement lying 50 feet North of the following described reference. lint' -:id being bounded on the South by the South line of said parcel descrihec� in Book 1606, Page 403: Beginning at, the West Quarter corner of said Section 1 and considering the West line or the Northwest Quarter of said Section 1 �o bear North 00''21'48" East with all bearings contained herein relative thereto; thence Northerly along said West line North 00°21'48" East, 338.26 feet; thence departing said West line South 89°31'14" East, 40.00 feet to the East right-of-way line of North College Avenue and the West line of said parcel described in Book 1606, Page 403 lying 28.38 feet North of the Southwest corner of said parcel and the True Point Of Beginning of said reference line; thence departing said East right-of-way line South 89°31' 14" East, 175.00 feet to the East line of said parcel described it-, Book 1606, Page 403 lying 28.02 feet North of the Southeast corner of said parcel and the point of terminus of this description. The above described permanent utility easement contains 3,500 square feet, more or less, and the above described temporary construction easement contains 9,300 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, 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. `-- �tGz� L. (� ��- -- MICHAEI_ C. CREGGER Professional Land Surveyor Colorado Registration Number 22564 C. d �{u 22564 4 L �LP,..,, TARANTO, STANTON 5 TAGGE (consulting Engineers SHEET 2 OF 2 SHEETS 1Yo. /"?- Off /-155 EXHIBIT "B" The City Agrees To: 1. Complete bore and have line installed and backfilled by November 4, 1985. 2. Pay Grantor Six Thousand Three Hundred Dollars ($6,300) as liquidated damages for replacement of nine hundred (900) square yards of asphalt. 3. Remove all asphalt south of the south line of the old building. VICINITY MAP 01/20/95 MAP 4 EVERGREEN REPLAT 1 - PARK -LOT EASEMENT 6 BLOCK 4 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. 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. ('rry f!)F P• ,k COLLINS RCPTN # 95035490 06/22/9S 14:16:00 # PAGES - 4 FEE - $20.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 EASEMENT DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Jack Isaacson, being the owner of a certain real property in Larimer County, Colorado legally described at Reception No. 92065722 in the Larimer County Records, does hereby dedicate, transfer and convey to the City of Fort Collins, Colorado, for public use forever a permanent easement for storm drainage improvements in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is also understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will accept the duty of maintenance of such easement. Witness our hands and seals this day of 199 State of Cali County of The foregoing day of as Grantor. Grantor: �re,n�Y' l.iu�ra rd'. Jack Isaacson was acknowledged before me this 9_, by Witness my hand and official My Commission expires: Notary Public 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. 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. EXHIBIT "A" A tract of land located in the Northwest quarter of Section 1, Township 7 North, Range 69 West, of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the East/West centerline of said Section 1 as bearing South 89°44'22" East and with all bearings contained herein relative thereto: The East 15 feet of the West 40 feet of that certain real property described at Reception No. 92065722 in the Larimer County, Colorado records. Easement Dedication from Jack Isaacson, Lot 13, Block 5, Replat of Evergreen Park, needed for storm drainage construction to meet development requirements in the area. There is an existing easement but this additional easement is needed for the depth of channel required to create a 4:1 slope. Monetary consideration: $0. (See Map #16.) Page is too large to OCR. Page is too large to OCR. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of I a C County of 1 L� On/'/ -/'fir _�� �99 before me, ! I DA 16 f� E, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC" /� personally appeared { [I , NAME(S) OF SONER(S) ❑ personally known to me - OR - ®-proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/N&ey- executed the same in 4s/her/thei authorized capacity(+eB), and that by ta+s/her/theid signatureN on the instrument the person(s), or the entity upon behalf of which the persorI acted, executed the instrument. MARCl;[RITG L. FORRES?EWITNESS my hand and official seal. R COMM. # 974963 z Lu-Notary Public — California i L j% SAPI DECO CCU NTY My Comm. �,Pires OCT 4, 1996 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME F PFRSONISI OR ENTTY(IES) 0 062ar�/ - DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT --- - SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 RECORDING REQUESTED BY WHEN RECORDED MAIL TO NAME 1.EE, Aam+ess cm SLATE hill (SPACE ABOVE THIS LINE FOR RECORDER'S USE) POWER OF ATTORNEY — GENERAL [includes optional DURABLE POWER OF ATTORNEY] KNOW ALL PERSONS BY THESE PRESENTS: Thal 1. S6r--� (sa rac5oy`E the undersigned (Iomlly or severally, If more Than one) hereby make, constitute and appoint �xfedjvgne, ,P -'adif my true and lawful Attorney for me and In my name, place and stead and for my use and benefit (a) To askdemand, sue for recover, collect and receive each and every sum of money_ debt, account. legacy. bequest. interest dividend. annuity and demand (which now Is or hereahef shall become due. owing or payable) belonging to or claimed by me, and to use and take any lawful means lot the recovery hlernol by legal proress Or omelwl56. and to execute and deliver a satisfaction or release therefor, toge hem with the nghl and power to compmmish or compound any claim or demand (0) To exercise any or all of the proving powers as to real property. any interest therein and/Or any building thereon To contract lotpurchasereceive and lake possession Ihereol and at evidence of hie thereoo Is lease the same for any term or purpose. including leases for business. residenceand oil part mineral development m sell excrIdnge giant or convey The same wnh or illicit warranty. and to mortgage. transfer In trust. or otherwise encumber Or hypothecate the same to seLtue payment of a negotiable or Rom neystianle note or performance of any obligation at agreement. I! I In e"frise any 01 all at the allowing powers as 10 all kinds 01 Qersonal property and fMds. wares and merchandise, chases In acleon and other broadly in possession of in action To contract for. buy sell, exchange hansler and In any legal manner deal in and with The sameand to mortgage. hansler In trust of oUterwbe encumber or hypomecate me same To secure paymenl of a negotiable Or non negola ble note or performance of any obligation or agreement. ldl to borrow money and to execute and deliver negotiable or nonn-regulable notes Therefor with or without securityand to lean money and receive negotiable of and negotiable notes Ihodict wrlh Such security as he/she shall deem proper. let To creold. amend, suppholeal and terminate any trust and to Instruct and advise The Trustee of any bust wherein I am or may be trustor or comically to innocent and .TO Sto[k. exercise Stalk rights arcepl and deal Ann any dividend dohnalion Or bonus_ 10n in any corporate financing rouganizatlon merger hguidolion cnnsolmaiion or ruler action and the e'do con comommbe. conversion. adtustmend. enforcement or foreclosure singly or in conjunction with others Of any cnlpmale slnck band Roll: debecen e or order secerily. III compound Comment ai. same and sarsly any ca egaron shouted or unsecurel. owing by or in rile and 10 give Of accepl any porters, and/or money whelnef or not equal to or less In value Than The amount owing In paymenl settlement or sebstaction Thefeo1 III to transact business of any kind Or days and as my act and deed to sign, execute, acknowledge and dellvel any deed. lease assignment Of lease. covenant. mddntufe I demnt, dgre,n era mmdgage. deed of Trust. assignment of mortgage or Of The beneficial interest under deed of hull extension or renewal nl any Inflation lubordmalioo or waiver of priority. hypothecatiot. t oronl y Sooner party. bill of lading, bill of sale bnl. bond note. whether neg0edble or nOn- neqol, !,;, rho eml. Ovid, use of debt tun or partial release or satisfaction of mortgage lodgment and other debt. request for partial Or lull reconveyance or deed of bust Intl spill line, Insbu'renlS Ia vorng or any kind or Class its may be necessary Or polar in the premises Igo }Irikf I dot decable I This Power It Attorney snail nor be affected by subsequent incapacity Of the princrodl land shall remain directive for a "he pl �Nx=' years after the disabnty of incapacity occurs) (I) lSlnke if nor applicable I This Power or ATO(ney shall become effective upon the Incapacity at the principal land shall remain effective for a period of 1(0NE) years after The dismally or mcapaoly occurs) In It IF) and/or (h) are nor stricken the unrowmg warning applies WARNING TO PERSON EXECUTING THIS DOCUMENT: This is an important legal document. It creates a durable power of attorney. Before executing this document, you should know these important lacts'. 1. This document may provide the person you designate as your attorney in fact with broad powers to manage, dispose, sell, and convey your real and personal property and to borrow money using your property as security for the loan. 2. These powers will exist for an indefinite period of time unless you limit their duration in this document. These powers will continue to exist notwithstanding your subsequent disability or incapacity. 3. You have the right to revoke or terminate this power of attorney. 4. If there is anything about this term that you do not understand, you should ask a lawyer to explain it to you. GIVING AND GRANTING unto nfy said Aborney to l poll, and ambdrny to no and pertornl au and every act and hung whatsoever requisite necessary w eppmpn,du le be done m .old annul file premises as fully to all Intent and pleposed as I relent OF could do it personally presenl. density rarlymg all Thal my sore Atom Rey Shall Iawlully du or cause to be done oy moue of These pmec.Its the powers and autbonty hereby conferred upon my sale Attorney shall be hFom ffle lu all hot and pereoual pwpedy or Inelests Iheleill now owned nl hcreollm acewred by life and wherever sioule My said Allomey 6 it poweied hereby Io oelumtlne ill hu/hcr solo docletion The tome when purpose tot and manner m will( [I any plant herein confenod upon rill slsdf be river' IWO and the conditions l ions and rovenonts of any instrument of document which may be ore( sled by hmuhei pursuant herein and m Ills acgulsdloo of Oisposillon Of teal 01 pulspnal pmpeny. iffy Sort! Ahdnley sdan havd exclusvu power to tix The terms Ihereol ILL cash. credit dnd/ol property. dnd n un oedll with OF without security When The context so requires. Ire masculine gender includes The lemmin�e and/or neuter. and the singular number thrill The plural n WITNI SS my fluid this 10'0., _Day of_ 'lis ai — __.�. _ ��..1g_ $a _ram STATE OF �%] L I %) 9?AJ; A— /� �(}E, —- F — ss. E _ COUNTY OF �f.� �)Co On (i lL ILK/U belore me. T A . personally appeared _ ��c_f --v-= �:P-H ge �C o pmsunally known to me (or proved to me on Ili basis of sdinde-lory evidence) to be the personls) whose earners) is an subscribed to the within instrument and acknowledged to the that its site buy executed Ine same m his her the, authorized capacityhds). and CUT by Ills tier then agronomist on the instrument the pmsnn(s), nr the entity Lean behall of which the persons) dt ted. executst the Inutrunlunl WONFSS my hand antl council seal AA /QMYV KAOENA.TallowJ A�1/ ti CQMA1. t 4 CentrZ NolaN Pblic — Cafilornicr t ire n rdxl t ,i. i, ,�bin re BAP) DIE_GO COUNTY g dlu Comm. levorY3 MAR 31,1997 I �w, �e / ' r� hih Worl IS r.0T ✓AI Ill I"MIII AI fitLAHI ILL Ir,1IIS i.. Location Map L PROPOSED TEMPORARY GRADING EASEWNTS _I uj uj uZ[ �I i w I G7 J m Ur \ PROPOSED DRAINAGE EASEMENT p L, w I ISAACSON EA �T CONIFER STREET 'HE a VICINITY MAP 03/03/95 MAP #3 EASEMENTS NEAR EVERGREEN PARK GRADING & DRAINAGE EASEMENTS v.�w� ..1. 31ap # 1 c