HomeMy WebLinkAboutFREY - Filed ED-EASEMENT DEDICATION - 2002-12-16RCPTN 4 PgP04460 , pi/8q 0q:07:48 ft OF PAGES — 4 FEE — 4
M. RODENBERGER, RECORDER — LARTMER COUNTY CO STATE DOC FEE—
�, as
DEED OF EASEMENT
THIS DEED, made this &lh_ day of — , 1988, between JAMES L.
ARVIDSON of the County of Larimer, State of Colorado, GRANTOR, whose address
is 1901 West 23rd Street, Loveland, Colorado 80538, 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 SEVEN HUNDRED DOLLARS ($700.00), 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-ot-way 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, to install, operate, maintain, repair, reconstruct,
replace, inspect and remove, at any time and from time to time public
improvements, The Grantee further agrees to waive any assessments against
said property for the LaPorte Avenue Bridge Replacement Project as shown on
the City approved plans (93774).
The Grantor further grants to the Grantee:
(a) the right of ingress to and egress from said easements over and
across the remaining property of Grantor by means of roads and
lanes thereon, if any; or if no such roads or lanes exist, then
by the most direct available route between said easements and
the nearest public road or right-of-way.
(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.
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 run with the property
described herein, 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 (per, day of
1988.
',l&mes
L.
Arvidson,-Grantor
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this 1_� �_ day of
1989, by James L. Arvidson, as Grantor.
2
Witness my hand and official seal.
My Commission expires:
Jr
Notary Public
Address:
Accepted by the City of Fort Collins, Colorado this day of TDCC►'YtbC/,
1988.
TTEST-
'City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM:
Ass stan� Attorney
CITY OF FORT COLLINS, LORAD
By
City Manager
3
EXHIBIT A
DESCRIPTION FOR A PERMANENT EASEMENT FOR JAMES ARVIDSON.
An easement on, over and across portions of that certain parcel
located in Frey Subdivision, being a part of the Northeast 1/4 of
the Southwest 1/4 of Section 10, Township 7 North, Range 69 West
of the 6th P.M., County of Larimer, Colorado and more par-
ticularly described as follows:
Beginning at the Northeasterly corner of Lot 10, Block 2 of said
Frey Subdivision; thence, along the centerline of the Larimer
County Canal #2, South 29°20'23" East, 46.12 feet; thence, North
89°30'23" West, 35.00 feet; thence, North 29'20'23" West, 46.12
feet; thence, South 89030'23" East, 35.00 feet to the Point of
Beginning.
The above described easement contains 1400 square feet more or
less.
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