HomeMy WebLinkAboutROLLAND MOORE PARK - Filed ED-EASEMENT DEDICATION - 2002-12-17GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made and entered into this
day of , 1987, by and between THE CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, the mailing address
of which, for purposes of this Grant of Easement, is Park and
Recreation Department, City of Fort Collins, Post Office Box 580,
Fort Collins, Colorado 80522., hereinafter referred to as "the
Grantor" and BRENKERT DEVELOPMENT CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Grant of Easement, is 721 Dartmouth Trail, Fort Collins, Colorado
80525, hereinafter referred to as "the Grantee."
WITNESSETH:
For and in consideration of the mutual promises and
covenants herein contained and the sum of FOUR THOUSAND FIVE
HUNDRED ONE DOLLARS (;4,501.00) and other good and valuable
consideration, the receipt and adequacy of which is hereby
confessed and acknowledged, the Grantor has granted and conveyed
and by these presents does grant and convey unto the Grantee, its
successors and assigns, a permanent easement for the
installation, placement, construction, inspection and repair of a
graduated slope or berm as more fully described hereinafter in,
over, across and upon the following described property:
A tract of land located in the Southeast quarter of
Section 22, Township 7 North, Range 69 West, of the 6th
P.M. of Larimer County, Colorado, being more
particularly described as follows:
WIN
�A
zWUee
; Affi
6 avOU AlNnoo
x
H
QwwZ
r —-- —
I F'
I O
0.
=OWV
W
w
Q
a
c�N°C
G
Z G
z
02
II W
I i
uld
as
a
i
b 41
LL
W
Luavo
NIIH38W11
1
15
LL
J
ZO
J
��)
w t
.•Y W �
4� YJIr
^ r.
f I
ti§
U
�- # _ 3N
MA P 4
� vz
m
S
1 I
'
Zd •v, r.
�
EASEMENT AGREEMENT
_4THIS AGREEMENT, made and entered into this a 4 day of
,"qAM , 193_�e; by and between City of Fort Collins, Colorado,
party of the first part, and Raintree Associates, party of the second part,
WITNESSETH:
That for and in consideration of the covenants and agreements herein
and the sum of $2150.00 and other good and valuable consideration in hand
paid by second party to first party, receipt of which is hereby
acknowledged, first party has granted and conveyed, and by these presents
does grant a permanent, non-exclusive easement for the installation,
inspection, maintenance, replacement or removal of a buried storm drainage
line in and upon land situate in the County of Larimer, State of Colorado,
being described as follows, to -wit:
See Attached Exhibits "A" & "B"
As part of the consideration hereof, and by acceptance of this grant of
right of way, said second party agrees as follows:
1. That said permanent easement shall not exceed 20 feet in width over
and across the above described property, except that the party of the first
part does hereby grant to the party of the second part a temporary easement
as described in Exhibits A and B for purposes of construction of said storm
drainage line.
2. All trenches and excavations made in the laying or repairing of
such pipeline shall be properly backfilled and the original surface soil
shall be placed on top. All gravel, stones and clods will be removed from
the finished backfill. The second party will finish the backfill after
normal settling of the soil so that the use and enjoyment of said land by
first party shall be suitable for the purpose now used. The entire area
that is disturbed by the construction shall be reseeded by the second party
in accordance with the City of Fort Collins Storm Drainage Design Criteria
and Construction Standards. The second party will maintain the trench a M pert
and buried water pipeline and be wholly responsible for all damag_ , a p �
or personal, which may be caused by the installation, reinstallation
maintenance and use of said storm drainage pipeline.
Both parties hereto agree that all storm drainage pipelines or other
facilities constructed or installed at second party's expense upon property
owned by first party shall remain the property of second party and shall be
removable at the option of second party upon approval of the Storm Drainage
Utility of the City of Fort Collins, and the Parks and Recreation
Department Of the said City. Any such removal shall include complete
restoration of the property in a manner acceptable to the Parks and
Recreation Department.
First party does hereby covenant with second party that first party is
lawfully seized and possessed of the real property described, that first
party has a good and lawful right to convey said property or any part
thereof.
Whenever used herein the singular shall include the plural, the plural
shall include the singular, and the use of any gender shall be applicable
to all genders. All of the covenants herein shall be binding upon the
respective heirs, personal representatives, successors or assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto
and affixed their corporate seals, the day
AP^^PR••OII�'ED /A�SC TO FORM:
a
ity Attorney
f
bi rector ParcTs a,6d
Recreation Department
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
have set their hands and seals
and year first above written.
City of Fort Collins
Party of he First Part
May r
City Clerk
The foregoing instrument was acknowledged before me this 4th day
of March , 1986 , by Kelly Ohlson as Mayor
Witness my hand and official seal.
My commission expires: — `,1
Notary Pupl i
Raintree Associates
Party of the Second Part
By: Drake -Shields Limited
Partnership
Abouigh�em Zi ra"a eh,
General Partner `
ATTEST:
u�� v
ah ram Yeganegi , Secret ry
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
By:Reay Broker
EntArpri,Aes, a War �rsp
Usn L. King, Fartner
Ronald G. Frank, Partner
By: Aryan Land and Development
Corporation, a Colorado
Corporation
Mike Mirshab, President
(Corporate Seal)
By.
A. Zi&Odeh
By:
42
e u io . Zirakz eh
The foregoing instrument was acknowledged before me this 24th day
of February , 19 86 , by DAN E. KING, Partner and RONALD G. FRANK. Partner of*
Witness my hand and official seal.
My commission expires: Marrh 1} 1CRq
REALTY BROKERS ENTERPRISES, a Co -Partnership
as Partner and by MIKE K. MIRSHAB, President
and JANICE I. MIRSHAB, Assistant Secretary of
ARYAN LAND AND DEVELOPMENT CORPORATION, a Colorado
Corporation as Partner and by ABOULGHASSEM ZIRAKZADEH,
General Partner of DRAKE —SHIELDS LIMITED PARTNERSHIP as
Partner and by A. ZIRAIQADEH as Partner and by REFUGIO
F. ZIRAKZADEH as Partner all of RAINTREE ASSOCIATES.
otary' Public
9 3.USF_Fwetoolh Am&
=rrs 00". , (" anus
EXFIIBIT A
EXHIBIT FOR
PERMANENT DRAINAGE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
IN ROSS OPEN SPACE,
CITY OF FORT COLLINS,
LARIMER COUNTY, COLORADO
50 0 50 100
scale 1'=50' feet
LEGEND
LIMITS OF 20' PERMANENT
DRAINAGE EASEMENT
b
pose
♦t•J,'
\°p.0o• F
a /o
I •ti
' / l I4
%* ,.
LIMITS OF TEMPORARY /
CONSTRUCTION EASEMENT gyp'
6
/ 7p•
� S
/ REFERENCE. LINE
I
I
I
f�
I
1
I
_
(
10
I
I
A�
to
�Id
1
I�
I
0
A
I
Z
I
I~
w
1
I
•
fq TF
I
I
i
I
HOSS��Y�/Ntc
EN-T04
1
N64006'49~W I
I
I
tyre ,6'�1
c� •°p'
b POINT OF BEGINNING
r /
ti� /
/ti TEMPORARY CONSTRUCTION
EASEMENT
POINT OF BEGINNING
REFERENCE LINE
S sJ • 41 '00' r 11I: 00
.$54040'00*W
110.00
't o
J5IoJI'10'M 1!!.!t
TARANTO, STANTON i TAGGE
ConsulUno Enoinem
NE CORNER
ROSS OPEN SPACE
� SHEET 1 OF 2 SHEETS
vo6 Rio-�.jy-ooz
EXHIBIT B
LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent
Drainage Easement
A strip of land in Ross Open Space, according to the recorded plat thereof,
City of Fort Collins, Larimer County, Colorado being described as follows:
A 20 foot wide permanent drainage easement lying 10 feet North of and 10
feet South of the followiny described reference line: Commencing at the
Northeast corner of said Ross Open Space, with all bearings contained
herein relative to said plat of Ross Open Space; thence Southerly along the
Easterly line of said Ross Open Space South 57038'50" West, 219.19 feet;
thence South 73°42'00" West, 227.00 feet; thence South 54"40'00" West,
120.00 feet; thence South 22005'00" West, 1.25 feet to the POINT OF
BEGINNING of said reference line; thence departing said Easterly line along
said reference line North 64"06'49" West, 29.35 feet; thence North
87°34'01" West, 209.06 feet; thence North 71°17'27" West, 301.30 feet to
the point of terminus of this description, together with the following
described temporary construction easement:
A portion of Ross Open Space, according to the recorded plat thereof, City
of Fort Collins, Larimer County, Colorado being described as follows:
Commencing at the Northeast corner of said Ross Open Space with all
bearings contained herein relative to said plat of Ross Open Space; thence
Southerly along the Easterly line of said Ross Open Space South 57°38'50"
West, 219.19 feet; thence South 73042'00" West, 227.00 feet; thence South
54040'00" West, 92.90 feet to the POINT OF BEGINNING of this description;
thence South 54040'00" West, 27.10 feet; thence South 22005'00" West, 98.00
feet; thence departing said Easterly line South 87028'28" West, 194.07.
feet; thence North 32"31'32" West, 138.86 feet; thence North 71017'27"
West, 251.25 feet; thence North 18°42'33" East, 50.00 feet; thence South
71°17'27" East, 312.73 feet; thence South 87°34'01" East, 210.68 feet;
thence South 64006'49" East, 47.51 feet to the point of beginning of this
description. The above described permanent drainage easement contains
0.248 acres, more or less and the above described temporary construction
easement contains 1.128 acres, more or less.
SURVEYOR'S CERTIFICATE
I, PATRICK F. MANAHAN, 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.
_1 r
ate
ij= -- r
R
Professional Land Survey
Colorado Registration Number 23896
TAHANTO.STANTON &TAOOE
Consulting Engineers
SHEET 2 OF 2 SHEETS
c/a6 0 /O- 0'99- 00Z
ROLLAND MOORE PARK
master Oan-site A * Ik
aTy OF FT COLLICOLORADO i'
Page is too large to OCR.
Page is too large to OCR.
Considering the North line of the said Southeast
quarter of Section 22 as bearing North 89°44'00" West
and with all bearings contained herein relative
thereto:
Commencing at the East quarter corner of said Section
22; thence along the said North line, North 89"44'00"
West 50.00 feet to the Southeast corner of the Plat of
Spring Creek Professional Park P.U.D., a plat of record
with the Clerk and Recorder of said Larimer County and
to the TRUE POINT OF BEGINNING of this description;
thence along the South boundary of the said plat and
continuing alcng the said North line of the Southeast
quarter, North 89°44'00" West 450.00 feet; thence South
00°16'00" West 20.00 feet; thence South 89°44'00" East
450.18 feet to a line which is 50.00 feet (measured at
right angles) West of and parallel with the East line
of the said Southeast quarter; thence along the said
parallel line, North 00°15'00" West 20.00 feet to the
Point of. Beginning.
The above described tract contains 0.2067 acres of 9002
square feet and is subject to all easements and
rights -of -way now existing or of record.
The parties hereto agree as follows with regard to the
above -described easement (hereinafter "the Easement"):
1. That the Easement shall be for the purpose of
installing, placing, constructing, inspecting, repairing- and
continuing a graduated slope or berm within the Easement with an
increase of elevation from the southerly boundary of the Easement
to the northerly boundary of the Easement of approximately
twenty-four ( 2 4 ) inches.
2. The Grantor, its successors and assigns, shall be solely
responsible for the maintenance of the Easement and landscaping
and improvements thereon and shall have the right, without the
consent of the Grantee, to plant grasses and other ground cover,
install landscaping, repair, replace, maintain irrigation
sprinkler system within the Easement and to otherwise utilize the
- 2 -
Easement for purposes not inconsistent with the use thereof by
the Grantee, its successors and assigns, as a graduated slope or
berm increasing in elevation approximately twenty-four (24)
inches from the southerly boundary of the Easement to the
northerly boundary of the Easement.
3. In the event the Grantor, its successors and assigns,
fails to maintain the Easement for the continued existence of the
graduated slope or berm thereon, the Grantee, its successors and
assigns, shall have the right to enter upon the Easement and
perform such maintenance and repairs as shall be reasonably
necessary to ensure the continued existence of the graduated
slope or berm on the Easement.
4. The Grantor does hereby covenant and agree with the
Grantee that the Grantor is lawfully seized and possessed of the
real property hereinabove described as "the Easement", and that
the Grantor has good and lawful right to convey the Easement to
the Grantee.
5. All of the provisions of this Grant of Easement,
including the benefits and burdens contained herein, shall be
deemed a covenant running with the land and shall be binding upon
and inure to the successors and assigns of the respective parties
hereto.
- 3 -
IN WITNESS WHEREOF, the parties have executed this Grant of
Easement the day and year first above written.
ATTEST:
THE CITY OF FORT COLLINS,
COLOP.ADO, a Municipal Corporation
B.,
1
City Clerk City Manager
"the Grantor"
APPROVED AS TO FORM:
Assistant City Atto ney
BRENKERT DEVELOPMENT CORPORATION,
ATTEST: a Colorado Corporation
Bv
Becky A. Brenkert, Secretary Dennis R. Brenkert, President
"the Grantee"
Accepted by the Council of the City of Fort Collins, Colorado on
March 17, 1987.
Larry Estrada, Mayor
- 4 -
xCP'i'N # 67037657 Ob/29/87 10:21:58 # OF PACES - 4 FEE - $12.00
M RODENBER3ER, RECORDER - LARIMER COUNTY, CO STATE DOC FEE $.00
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is made and entered into this _L! " `
day of 01,QA ek, , 1987, by and between THE CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, the mailing address
of which, for purposes of this Grant of Easement, is Park and
Recreation Department, City of Fort Collins, Post Office Box 580,
Fort Collins, Colorado 80522., hereinafter referred to as "the
Grantor" and BRF.NKERT DEVELOPMENT CORPORATION, a Colorado
Corporation, the mailing address of which, for purposes of this
Grant of Easement, is 721 Dartmouth Trail, Fort Collins, Colorado
80525, hereinafter referred to as "the Grantee."
WITNESSETH:
For and in consideration of the mutual promises and
covenants herein contained and the sum of FOUR THOUSAND FIVE
HUNDRED ONE DOLLARS ($4,501.00) and other good and valuable
consideration, the receipt and adequacy of which is hereby
confessed and acknowledged, the Grantor has granted and conveyed
and by these presents does grant and convey unto the Grantee, its
successors and assigns, a permanent easement for the
installation, placement, construction, inspection and repair of a
graduated slope or berm as more fully described hereinafter in,
over, across and upon the following described property:
A tract of land located in the Southeast quarter of
Section 22, Township 7 North, Range 69 West, of the 6th
P.M. of Larimer County, Colorado, being more
particularly described as follows:
Considering the North line of the said Southeast
quarter of Section 22 as bearing North 89°44'00" West
and with all bearings contained herein relative
thereto:
Commencing at the East quarter corner of said Section
22; thence along the said North line, North 89°44'00"
West 50.00 feet to the Southeast corner of the Plat of
Spring Creek Professional Park P.U.D., a plat of record
with the Clerk and. Recorder of said Larimer County and
to the TRUE POINT OF BEGINNING of this description;
thence along the South boundary of the said plat and
continuing along the said North line of the Southeast
quarter, North 89°44'00" West 450.00 feet; thence South
00°16'00" West 20.00 feet; thence South 89044100" East
450.18 feet to a line which is 50.00 feet (measured at
right angles) West of and parallel with the East line
of the said Southeast quarter; thence along the said
parallel line, North 00°15'00" West 20.00 feet to the
Point of. Beginning.
The above described tract contains 0.2067 acres of 9002
square feet and is subject to all easements and
rights -of -way now existing or of record.
The parties hereto agree as follows with regard to the
above -described easement (hereinafter "the Easement"):
1. That the Easement shall be for the purpose of
installing, placing, constructing, inspecting, repairing• and
continuing a graduated slope or berm within the Easement with an
increase of elevation from the southerly boundary of the Easement
to the northerly boundary of the Easement of approximately
twenty-four (24) inches.
2. The Grantor, its successors and assigns, shall be solely
responsible for the maintenance of the Easement and landscaping
and improvements thereon and shall have the right, without the
consent of the Grantee, to plant grasses and other ground cover,
install landscaping, repair, replace, maintain irrigation
sprinkler system within the Easement and to otherwise utilize the
- 2 -
Easement for purposes not inconsistent with the use thereof by
the Grantee, its successors and. assigns, as a graduated slope or
berm increasing in elevation approximately twenty-four (24)
inches from the southerly boundary of the Easement to the
northerly boundary of the Easement.
3. In the event the Grantor, its successors and assigns,
fails to maintain the Easement for the continued existence of the
graduated slope or berm thereon, the Grantee, its successors and
assigns, shall have the right to enter upon the Easement and
perform such maintenance and repairs as shall be reasonably
necessary to ensure the continued existence of the graduated
slope or berm on the Easement.
4. The Grantor does hereby covenant and agree with the
Grantee that the Grantor is lawfully seized and possessed of the
real property hereinabove described as "the Easement", and that
the Grantor has good and lawful right to convey the Easement to
the Grantee.
5. All of the provisions of this Grant of Easement,
including the benefits and burdens contained herein, shall be
deemed a covenant running with the land and shall be binding upon
and inure to the successors and assigns of the respective parties
hereto.
- 3 -
IN WITNESS WHEREOF, the parties have executed this Grant of
Easement the day and year first above written.
ATTEST:
F"51
City
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
/r
Becky A. Brenkert, Secretary
THE CITY OF FORT COLLINS,
COLOFADO, a Municipal Corporation
B,,
1
City Manager
"the Grantor"
BRENKERT DEVELOPMENT CORPORATION,
a Colorado Corporation
By X �;, 0A, �, -� �- � �. w �v
Dennis R. renkert, President
"the Grantee"
Accepted by the Council of the City of Fort Collins, Colorado on
March 17, 1987.
ar
- 4 -
strada, Mayor
■ R M 0
J:f9I:;G v;3I
a
'M =0 Ns 7,1 b
v