HomeMy WebLinkAboutSTANTON CREEK SECOND - Filed ED-EASEMENT DEDICATION - 2002-11-257:00 AGES — 4 FEE^_.J^
SPECIAL WARRANTY DEED
i
THIS DEED, made this I"i day of Vd� 1997, between
James Construction Company, Inc., a Colorado corporation
grantor, and
City of Fort Collins, a municipal corporation
whose legal address is:
300 Laporte Ave. of the City of Fort Collins, and State of
Colorado, RD57r grantee,
WITNESSETH, That the grantor, for and in consideration of the sum of:
Under Five Hundred and nollOOths DOLLARS, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and
confirm, unto the grantee its heirs and assigns forever, all the real property, together with all improvements, if any, situate, lying
and being in the County of Latimer and State of Colorado, described as follows:
A perpetual Conservation Easement on and over that Real Property as set forth and described in Exhibit "A"attached hereto and
incorporated herein by reference (hereinafter referred to as the Easement Property)
also known by street and number as: The purpose and intent of this Deed is to create a Conservation Easement for the real property
conveyed hereby, according to the terms and conditions as setforth on Exhibit "B" attached hereto and incorporated herein by
reference.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim
and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments
and appurtenances; subject to a first and prior Deed of Trust of record for the use of Key Bank.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its
heirs and assigns forever. The grantor, for itself, its heirs and personal representatives or successors, does covenant and agree that
it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the
grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under
the grantor.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
James Construction Company, Inc., a Colorado corporation
a
Postle, President
State o Colorado )o
County of 1}ouleer
The foregoing was acknowledged before me this ! ^rlay of 'IAkG d r 1997, by James G
Construction Company, Inc., a Colorado corporation.
t,AyCommissipnExpiresduly24, 1999
My commission expires:
Witness my hand and official seal.
NotaY
44
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Postle as President of Jays
Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.)
EXHIBIT "A"
A CONSERVATION EASEMENT OVER AND ACROSS A PORTION OF THE
NORTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARNGS: THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, BEING MONUMENTED AT THE NORTHWEST CORNER BY A 3 %<"
ALUMINUM CAP IN A RANGE BOX STAMPED "LS 12374" AND AT THE NORTH ONE -
QUARTER CORNER BY A 2" ALUMINUM CAP ON A 96 REBAR IN A RANGE BOX
STAMPED "LS 25372" WITH A LINE BETWEEN ASSUMED TO BEAR N89052'20"E.
COMMENCING AT THE NORTHWEST CORNER OF SECTION 18; THENCE N89152'20"E
A DISTANCE OF 577.01 FEET; THENCE S00°07'40"E A DISTANCE OF 50,00 FEET;
THENCE S00007'40"E A DISTANCE OF 182.70 FEET TO A POINT OF CURVE TO THE
LEFT; THENCE. ALONG THE ARC OF SAID CURVE HAVING A DELTA OF 12017'58", A
RADIUS OF 202.50 FEET, AN ARC LENGTH OF 43.47 FEET, THE CHORD OF WHICH
BEARS S06016'39"E A DISTANCE OF 43.39 FEET, THENCE S12025'38"E A DISTANCE
OF 228.21 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
SOUTHWESTERLY LINE OF A CONSERVATION EASEMENT RECORDED UNDER
RECEPTION NUMBER 95046910; THENCE S46007'05"E ALONG SAID
SOUTHWESTERLY LINE A DISTANCE OF 261.79 FEET; THENCE CONTINUING
ALONG SAID SOUTHWESTERLY LINE S57036'55"E A DISTANCE OF 85.04 FEET;
THENCE N89004'11"W A DISTANCE OF 224.71 FEET; THENCE N00155'49"E A
DISTANCE OF 24.10' TO A POINT OF CURVE TO THE LEFT; THENCE ALONG THE
ARC OF SAID CURVE HAVING A DELTA OF 13021'27", A RADIUS OF 277.50 FEET, AN
ARC LENGTH OF 64,69 FEET, THE CHORD OF WHICH BEARS N05044'54"W A
DISTANCE OF 64.55 FEET; (HENCE N12°25'38"W A DISTANCE OF I38.29 FEET TO
THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 21,733 SQUARE FEET OR 0.499 ACRES.
LEGAL DESCRIPTION STATEMENT
I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME OR UNDER BY DIRECT
SUPERVISION, AND ON THE BASIS OF M EDGE, INFORMATION AND
EF, IS CORRECT. o�oo e�rF
;_Q9 W';zye' �
31938 1 q O 1
RICH RD W. PALS, REGISTERED LAND TIVEYOR DATE
COLORADO NO.
31938 FOR AND ONBE HALF OF JR ENGNEERIN '• LAHO9J
LEMAY
AVENUE
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EXHIBIT "B"
a. The Easement Property shall be retained, maintained and used forever in its natural condition as an open
space area and any use of the Easement Property that will significantly impair or interfere with so
maintaining the Easement Property in its natural and open space condition are prohibited, which
prohibitions shall include, without limitation, the construction of any residential or commercial buildings
or other improvements on the conservation easement. However, notwithstanding the foregoing, the
Easement Property may be used for any of the following purposes:
(1) underground utility easements;
(2) ingress and egress to Saint Thomas Drive including any improvements reasonably necessary to
effectively utilize such ingress and egress access;
(3) natural open space;
(4) bicycle, pedestrian and equestrian trails;
(5) wetland enhancement or mitigation projects; and
(6) floodplain and stormwater management facilities.
b. In the event of any breach of the terms of this conservation easement by the Grantor, or its successors and
assigns, the Grantee shall have the right to take appropriate legal action, including but not limited to, the
right to seek damages and to obtain an injunction to temporarily or permanently stop the breach and, if
appropriate, a mandatory injunction to require the Grantor, or its successors and assigns, to restore the
conservation easement to its condition prior to the alleged breach of the terms of this conservation
easement. In addition, the Grantee shall be entitled to recover from the Grantor any costs incurred by the
Grantee for restoration of the Easement Property necessitated by the breach of the terms of this
conservation easement by the Grantor, or its successors and assigns. Notwithstanding the foregoing, in
the event the Grantor conveys the Property subject to this conservation easement to any third party, such
third party and its successors and assigns, not the Grantor, shall be responsible to the Grantee for any
restoration costs arising from any breach of the terms of this conservation easement occurring after such
conveyance.
C. Enforcement of the terms of this conservation easement shall be at the discretion of the Grantee, and any
forbearance by the Grantee to exercise its rights under this conservation easement in the event of any
breach of any term of this conservation easement by the Grantor, or its successors and assigns, shall not
be deemed or construed to be a waiver by the Grantee of such term or of any subsequent breach of the
same or any other term of this conservation easement or of any of the Grantee's rights under this
conservation easement, and no delay or omission by the Grantee in the exercise of any right or remedy
upon any breach by the Grantor, or its successors and assigns, shall impair such right or remedy or be
construed as a waiver.
d. The Grantor shall not be held to be in default of any provision of this conservation easement, nor suffer
any claim for damages or be subject to any judicial action relating thereto, where such default is caused
by reason of force majeure, which shall mean any circumstance or reason beyond the control of the Grantor
that could not be avoided by the exercise of due care.
e. The general public shall not have any right of access to or use of any portion of the Easement Property.
Provided, however, that the Grantee shall have a right of access to the Easement Property to inspect and
maintain it in its natural and open space condition as contemplated by this conservation easement, and, if
made necessary by any breach of the terms of this conservation easement by the Grantor, to restore the
Easement Property to its natural and open space condition as contemplated by this conservation easement.
f. If the Easement Property is taken in whole or in part by an exercise of the power of eminent domain, the
Grantor shall be solely entitled to any compensation arising from such condemnation proceeding and the
Grantee shall not be entitled to any proceeds whatsoever.
g. If circumstances arise under which amendment to or modification of this conservation easement would be
appropriate, the Grantee and the Grantor are free to jointly amend this conservation easement provided any
such amendment must be in writing and signed by both parties and recorded for record with the Latimer
County Clerk and Recorder. This instrument sets forth the entire agreement of the parties with respect to
this conservation easement and supersedes all prior discussions, negotiations, understandings, and other
agreements relating to this conservation easement, all of which are merged herein.
This Deed has been authorized, made and executed pursuant to the provisions of Division 2 of Article IV
of Chapter 23 of the Code of the City of Fort Collins.
QUITCLAINI DEED
i
I IIIS DEED, made this
day of
January
.19 96
between
THE CITY OF
FORT COLLINS,
COLORADO,
A Municipal Corpo ation
of the
*County of
Latimer
, and style of
Colorado, gm1110100, and
JAMES CONSTRUCTION, INC.,
A Colorado
Corporation
whose legal address is 2919 Valmont, Suite 204
of the City and countyof Boulder
and State of Colorado. grmtecky
WITNESS, that the grantor(s), for and inconsideration of the sun) of Ten Dollars and other valuable
consideration----------------------------------------------------------LLLraes
the receipt and sufficiency of which is hereby acknowledged, ha s remised, released, sold and QUITCLAIMED, and by these
presents do es remise, release, sell and QUITCLAIM unto the grameelo),
- its heirs, successors and assigns forever, all
the right, title, interest, claim and demand which the gr:mtorifo has in and to the real property, together with improvements, if any.
simala, lying and being in the County of Larimer and Stale of Colorado,
described as follows.
See Exhibit "A" attached hereto and incorporated herein by this reference
The purpose and intent of this Deed is to vacate and terminate that part of the
Conservation Easement for the real property conveyed hereby, as reserved unto
Grantor in that certain Special Warranty Deed dated August 2, 1995 and recorded
on August 4, 1995 as Reception No. 95046910 in the office of the Clerk and
Recorder of the County of Larimer, State of Colorado.
also known by street and number as: vacant land
assessor's schedule or parcel number:
TO I IAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise
thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantot(M, either in law or equity, to the only
proper use, benefit and behoof of the grantee(sX heirs and assigns forever., pursuant to Ordinance No.
IN W 1"INESS WHEREOF, the gmnror(s) ha executed this deed on the date set forth above. 188, 1997 adopted by
City Council on Secoi
Reading 12/2/97.
ATTEST
-i yClerc
SLATE OF COLORADO
Counlyof Larimer
The foregoing instrument was acknowledged before me this
by
*fin Denver, insert *('try and',
ulc 14Iuy fait rUr-L uciitins, Colorado,
a Mun Wpal Corporation
r
APPROVED AS TO FORM:
AssJa,,,nt City1A_ n y
Witness my hand and official seal.
My commission expires:
19
Notary Public
Name and Address of Penon Creating Newly Crewed Legal Description bf Jg-)5 106.5. C.N.S.)
tau. va.y. Rev. 4-94. QUS ICLAINI DEED Bradford Publishing, 1743 Wacee St., Dcnvcr, CO 80202 —(707) 292-2500 — 5-97t0
EAST TRILBY ROAD
Conservation
Easement "D"
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Conservation Easement "B" cc
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Easement "E"
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Sanitary Sewer
Easement "A"
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QQ Easement"C"
VICINITY MAP 11/03'97
MAP #1
NTs
Stanton Creek
Easements