HomeMy WebLinkAboutMOUNTAIN VIEW ACRES - Filed ED-EASEMENT DEDICATION - 2002-12-02RCPTN # 88000344 0_ 5/88 1.3:49:53 # OF PA 3 — 4 FEE — S12.00
M. RODENBERGER, RECORDER — LARIMER COUNTY CO STATE DOC FEE— $.00
DEED OF EASEMENT
THIS DEED, made this 15thday of December 1987, between EVELYN K.
ANDERSON of the County of Larimer, State of Colorado, GRANTOR, whose address
is 508 Louise Lane Fort Collins, 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 ONE THOUSAND FIVE HUNDRED THIRTY-THREE AND NO/100 DOLLARS
($1,533.00), 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 riyht-of-way for access, on, along, through and under all of the hereinafter
descrihed real property situated in the County of Larirner, 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 seventeen (17) feet on the north side of
the aforementioned permanent easement 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
he 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
hiyhways;
(h) the right from time to time to enlarge, improve, reconstruct,
relucate 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;
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.
(h) 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 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.
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 15th day of
December 1987.
Evelyn K. Anderson, Grantor
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
1987, by EVELYN K. ANDERSON, as Grantor.
Witness my hand and official seal.
My commission expires: .-
;,,
Notary Public
2
Accepted by the City of Fort Collins, Colorado this 15th day of December
1987
CITY OF FOR COLORADO
ByV
Z---- — - —
Mayor
ATTEST:
City Clerk
(CORPORATE SEAL)
I
EXHIBIT A
A 33.00 foot wide permanent utility easement being a tract of
land located in the Northwest quarter of Section 16, Township 7
North, Range 69 west, of the 6th P.M. of Larimer County,
Colorado, a portion of .which is located in Lot 12 of the Plat of
IQountain View Acres, a plat of record with the Clerk and Recorder
of the said Larimer County, being 16.50 feet on each side of the
following described centerline;
Considering the West line of the said Northwest of Section 16 as
bearing South 00039'35" East and with all bearings contained
herein relative thereto:
Commencing at the Northwest corner of the said Northwest quarter
of Section 16; thence long the saia west line, South 00039'35"
East 1303.50 feet to a line which is 16.50 feet (measured at
right angles) North of and parallel with the South line of the
said Lot 12; thence along the said parallel line, South
89057'35" East 30.00 feet to the East right-of-way of Overland
Trail and to the TRUE POINT OF BEGINNING of this description;
thence continuing along the said parallel line, and its easterly
prolongation, South 89057'35" East 1338.48 feet to the westerly
line of the Plat of Locust Grove Second Filing, a plat of record
with the Clerk and Recorder of the said Larimer County and to the
terminus of the said centerline.
Together with a 17.00 foot wide temporary construction easement
lying 17.00 feet North of and parallel with the North side line
of the above described permanent easement.
The sidelines of the above described easements are to be
prolongated or foreshortened to their points of intersection with
adjacent boundary lines.
The above described permanent easement contains 44170 square feet
or 1.0140 acres and the above described temporary construction
easement contains 28462 square feet, all easements are subject to
all easements and rights -of -way now existing or of record.
December 16, 1987
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