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HomeMy WebLinkAboutBRIARWOOD MRD - Filed ED-EASEMENT DEDICATION - 2002-11-18RCPTN # 96025944 04/15/96 10:27:00 # PAGES - 4 FEE - $21.00 M RODENRERGER RECORDER, I:,ARIMER COUNTY CO STATE DOC FEE - $.UU DEED OF EASEMENT (I / THIS DEED, made this day of //C' -��1u" 199,� between M. KATHERINE CORWIN and NOLAN J. DOESKEN, of the CYounty of Larimer, State of Colorado, GRANTOR, whose address is 921 N. Taft Hill Road, 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 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 easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time sanitary sewer 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. 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 I�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; and, (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 corp/orate seal to be hereunto affixed on the �.`' day of �N �t�4 199L. 2 ' n M. Katherine Corwin, Grantor Nolan J. Doesken, Grantor STATE OF COLORADO ) ss COUNTY OF LARIMER ) /- Subscr 4ed and sworn to before me this n day of 199 , by M. Katherine Corwin and Nolan J. Doesken, as Grantors. Witness my hand and official seal. G My Commission expires: 00 3 Cr r du `'_Bryan Goodr4 rm Notary Z5ublic Notary Public AMML9 01orad2J tlhl C,OmTfnjon Expires 02103i9� !AAT^TEcSI T �6d City`Clerc APPROVED AS TO FORM l Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO, Municipal Corporation By 041. Imo. CityVManager M \ Corwin/Doesken �r EXHIBIT "A" A 30.00 foot wide utility easement situated in Lot 3, Briarwood M.R.D. No. S-228-92 Larimer County, Colorado, which begins at a point on the South line of said Lot 3 which bears S 89 degrees 54 minutes 45 seconds E 325.00 feet from the Southeast corner of said Lot 3 and run thence N 00 degrees 05 minutes 15 seconds E 30.0 feet; thence S 89 degrees 54 minutes 45 seconds E 200.00 feet; thence S 00 degrees 05 minutes 15 seconds W 30.00 feet to a point on the said South line, thence N 89 degrees 54 minutes 45 seconds W 200.0 feet to the point of beginning, containing 6,000 square feet, more or less.