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HomeMy WebLinkAboutPULSE PUD - Filed ED-EASEMENT DEDICATION - 2003-02-27RCPTN # 90019873 ot.�1/90 13:47:22 # PAGES 8 FEE - $40.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 DEED OF EASEMENT THIS DEED, made this 16th day of February, 1990, between FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Penn Square Bank, N.A., GRANTOR, whose address is P.O. Box 26208, Oklahoma City, Oklahoma 73126, and SEATTLE-FIRST NATIONAL BANK of the County of King, State of Washington, GRANTOR, whose address is P.O. Box 34401, Seattle, Washington 98124-1401, and THE CITY OF FORE 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 permanent slope easement for the purpose of changing the ground contours or other grading operations together with a right-of-way for access, on, along, and through 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 permanent slope easement described on Exhibit "A" and hereby granted to the Grantee shall terminate in the event the Grantor, or its successors or assigns, fill in the said slope easement in accordance with the existing construction plans for the Canal Importation Channel (Spring Creek to Landmark Apartments) Phase I, September, 1989. In addition thereto, Grantor grants to the Grantee a temporary construction easement, being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof 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 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 structures constructed hereunder with any other number or type of public improvements, or structures either in the original location or Orry OF FORT 0011!NS 1`� 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 in said easements; (b) Grantor shall not deposit, or permit or allow to be deposited, rubbish or debris, 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 corporate seal to be hereunto affixed, all pursuant to� motion adopted by the City Council of the City of Fort Collins on the 1_ day of 199_. FA FEDERAL DEPOSIT INSURANCE CORPORATION, as Receivr,for Penn quare Bank, N.A. BY: «<_� ATTEST: STATE OF OKLAHOMA ) ss COUNTY OF QJZIA&,a Subscribed and sworn to before me this eZ It day of �a 1990, by C/laieco /Vd4/.i as Witness my hand and official seal. My Commission expires: 3 �a�ncGco, � G✓.i.Foe3.� Notary Public 3 SEATTLE-FIRST 1TIONAL BANK BY ATTEST: STATE OF WASHIMT(I,a) ) ss. COUNTY OF KZNG ) Subscribed and sworn to before me this r(,,*` day of Fc'b'u w 19qc by as and as V,C2 Pfey 4i�f Witness my hand and official seal. My Commission expires:��.zU�,a Notary Publ c Address: Accepted by the City of Fort Collins, Colorado this day of, 199 p . CITY OF;FORT COLLINS, COLORADO By �1 t 1/4-) iC_'/Jli City Manager (CORPORATE SEAL) APPROVED AS T6 FORM: As istant City Attar y M PULSE P.U.D. PERMANENT SLOPE EASEMENT AND (TWO) TEMPORARY CONSTRUCTION EASEMENTS A fifteen (15) feet vide Permanent Slope Easement located in the northwest one - quarter of Section 23, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, and being part of Tract B, Pulse P.U.D. Filing One, recorded July 28, 1987 at Reception No. 87043454 in the Larimer County records, more particularly described as follows: Bearings herein are based on the plat of said Pulse P.U.D. Beginning on the north line of said Tract B, Pulse P.U.D., at the westerly line of the existing 80' Drainage Easement, as shown on said Pulse P.U.D.; Thence along said westerly line the following four (4) courses: 1. S. 100 26' 00" E. a distance of 182.74 feet to a point of curve; 2. Along the arc of said curve to the right, having a central angle of 17o 14' 40" and a radius of 744.52 feet, a distance of 224.08 feet to a point of reverse curve; 3. Along the arc of said reverse curve to the left, having a central angle of 200 06' 20" and a radius of 159.00 feet, a distance of 55.79 feet to a point of tangent; 4. S. 70 34' 20" E., along said tangent, a distance of 254.42 feet to the north line of an existing 120' Drainage Easement, as shown on said Pulse P.U.D.; Thence N. 690 50' 35" W., along said north line, a distance of 16.95 feet; Thence N. 70 34' 20" W. a distance of 246.54 feet to a point of curve; Thence along the arc of said curve to the left, having a central angle of 200 06' 20" and a radius of 144.00 feet, a distance of 50.53 feet to a point of reverse curve; Thence along the arc of said reverse curve to the right, having a central angle of 170 14' 40" and a radius of 759.52 feet, a distance of 228.60 feet to a point of tangent; Thence N. 100 26' 00" W., along said tangent, a distance of 185.59 feet to said north line of Tract B; Thence S. 890 41' 00" E., along said north line, a distance of 15.27 feet to the Point of Beginning; Containing 10,712 square feet or 0.246 acres, more or less. A twenty-five (25) feet wide Temporary Construction Easement, being a part of said Tract B, Pulse P.U.D. Filing One, and located adjacent, contiguous and parallel to the above described Permanent Slope Easement, more particularly described as follows: Beginning on said north line of Pulse P.U.D., at the vest line of the Permanent Slope Easement described above; Thence along said vest line the following four (4) courses: 1. S. 100 26' 00" E. a distance of 185.59 feet to a point of curve; 2. Along the arc of said curve to the left, having a central angle of 170 14, 40" and a radius of 759.52 feet, a distance of 228.60 feet to a point of reverse curve; 3. Along the arc of said reverse curve to the right, having a cer,tr'al angle of 200 06' 20" and a radius of 144.00 feet, a distance of 50.53 feet to a point of tangent; 4. S. 70 34' 20" E., along said tangent, a distance of 246.54 feet to the north line of said existing 120' Drainage Easement, as shovn on said Pulse P.U.D.; Thence N. 690 50' 35" W., along said north line, a distance of 28.24 feet; Thence N. 70 34' 20" W. a distance of 233.39 feet to a point of curve; Thence along the arc of said curve to the left, having a central angle of 200 06' 20" and a radius of 119.00 feet, a distance of 41.76 feet to a point of reverse curve; Page 1 M PULSE P.U.D. PERMANENT SLOPE EASEMENT AND (TWO) TEMPORARY CONSTRUCTION EASEMENTS Thence along the arc of said reverse curve to the left, having a central angle of 170 14' 40" and a radius of 784.52 feet, a distance of 236.12 feet to a point of tangent; Thence N. 100 26' 00' W., along said tangent, a distance of 190.33 feet to said north line of Pulse P.U.D.; Thence S. 890 41' 00' E., along said north line, a distance of 25.45 feet to the Point of Beginning, Containing 17,661 square feet or 0.405 acres, more or less. A twenty (20) feet vide Temporary Construction Easement, being a part of said Tract B, Pulse P.U.D. Filing One, and located adjacent, contiguous and parallel to a part of said north line of Pulse P.U.D., more particularly described as follows: Beginning on said north line of Pulse P.U.D., at the easterly right-of-way line of Stuart Street, as shown on said Pulse P.U.D.; Thence S. 890 41' 00' E., along said north line, a distance of 182.71 feet to the westerly line of the above described Temporary Construction Easement No. 1; Thence S. 100 26' 00' E., along said westerly line, a distance of 20.36 feet; Thence N. 890 41, 00' W. a distance of 180.57 feet to said easterly right-of-vay line of Stuart Street; Thence along said easterly right-of-vay line the following two (2) courses: 1. N. 240 49' 00' W. a distance of 11.46 feet to a point of curve; 2. Along the arc of said curve to the right, having a central angle of 370 39' 58" and a radius of 15.00 feet, a distance of 9.86 feet to the Point of Beginning, Containing 3,656 square feet or 0.084 acres, more or less. CWNp1 E. KggW, 91i3�8°I 20142 • J, '•y+ A Page 2 On behalf of and for GREENNORNE 6 O'MARA, INC. i . Rratz isessionel Land urveyar 4!rof lorado Reg. No. 20142 F-A 0 d • /7•/440 L = M. /Z' 71• = 704. 5Z' TACT '!3 " P!/LbE oU.D, L4/7Y OF �D,C , Z"IAM--f LAcrvTY ,' a ewao d - 2Y1•LaG'f0• EXHIBIT /5.27' FJ���4NS �etlow d • /7'i4 4o " L = 224.OA ' K = 744. 5Z a•na ,o„ L* ZZ8.i0' IC= 75! 52 L . 55.79 P' /5Y 00 ' A - 20•LYr m L = .0-561 r < ,Ad A, STi� 1 w W �JgSFM �'�9i JO N R n, a' NOTE: i This exhibit depicts the attached EasementN��'�o, Description only, and does not represent a 3J+W _ r mor. unented Boundary Survey.I-50• FAV y\ d OAK a 4 Arch1• f. s EASEMENT EXHIBIT I Z EXHIBIT LO7 / &mum LI -!JA/EELY 1Y1B. NOQD/T Awr OF *&/NN/N6r .�7,EEET A3MRANe/d7e2K.77//N T Agl NLY Una ACM iUD -4M%W'E 7A PUc-4E /v!/. D. fi 5r 4/z-1N4' 67Y OF j5,er 2VZ41VS Uzl&EQ &very 6xmwpo DOTE: This exhibit depicts the attached Easement Description only, and does not represent a-R- j - ¢o-,urrented Boundary Survey. SCa_E 1"=50' 9A\1 r T S 1 . / .'1 %'�:•�, ^9 i l 40'71 EASEMENT EXHIBIT 2 2