HomeMy WebLinkAboutSOUTH TRANSIT CENTER - FDP - 9-10/A - LEGAL DOCS - EASEMENTSGRANTOR'S PROPERTY EXHIBIT B PAGE 2 OF 2
Tract 3:
ALL THAT PORTION OP THE POLLDWINC DESCRIBED LAID LYING UNDER THE RAILRGAD R1GRY
OF NAY=
A TRACT OP LAND LOCAT311 IN THE HE IA OY SECTION 2, TCWNGIIP 6 NORTH, RANGE
69 WEST OY ?RS 6TH P.N., CITY O9 PORT COLLINS, COUNTY OF LARIKER. STATE OF
COLORADO, 171E SAID TRACT IS ALOE A PORTION OP THAT CPRTAT" TRACT OF LAND
DBSCRIBYD IN A WARRANTY PRIM RECORDED NAY V. 1917 AT RECEPTION NO. 97OI3O50,
RECORDS OB-THE CLSRx AND RBCORDRR OP SAID LARIVUR COUNTY, TH8 SAID TRACT 39
ALSO LOCATED IN IRS BURLINGTON NORTHERN SANTA Y8 RAILROAD RIGHT OF WAY, BRING
Pi72E PARTICULARLY bS3CR1H9b AS POLLONS;
CON9IDCR3N0 7H8 EAST LINK OF SHE SAID HE 1/4 OT SAID SECTION 3 AS 33LIRINOQ S 00
D&GAS&S 35' 05" W, 98TNE3N A LS 20133 A4UN23nJN CAP MONUNRNT AT THE HP gjR;31RR
OF SECTION I AND A LS 27664 ALUMINUM CAP MDNU3@:T AT THE S 114 CDBNBR OF SAID
2, AND NIM— ALL HEARIt10S CONTAINED HEREIN RELATIvR rKsRzTOI COEMSNCISII
AT IRS HE CORNER OF SAID SECTIOH 2: THENCE ALONG THE SAID BAST LINE OP TR8 N8
1/4, 9 00 DmdSSS9 50' 05" W, FOR A DISTANCE OF BS5.83 FEET TO THE NORTH LINE OF
SALO TRACT PUSCRIUED AT RECEPTION N0. 97033058F THBNCS ALONG SAIA NOR'rN LINE,
N 00 DEGR99S 43' 34" W. FOR A DISTANCE OF 955.05 FRET TO THE EAST RIGHT OF NAY
OF THE SAID BURLINGTON RORTHERN SIL473L 78 RAILROAD AND TO THE TRUE POINT 03
SEO10.42 O OF THIS DESCRIPTION:TF.SNCS CONTIVUINO ALONN THE SAID WETS LINE, N
08 DIGRISS 43. 34" W FOR A DISTANCE OF 200,00 YSBT TO THE CSNTBRLINB OF THS
SAID BURLINGTON NORTHERN SANTA FE RAILROAD: 73RiNC8 ALONG THE SAID CENTMRLINE.
S 01 DEFREES 01' 83" 73 FOR A DISTANCE OF 4SO..00 FEET TO TIE SOUTH LINE OF THE
SAID TRACT DZSC213ED AT RECEPTION NQ. 97033Q5B: IRBNCS AUW.9 TH31 SAID SOUTH
LINE, S 96 DBORZBS 431 14" 8, YOR A D15TANCE 07 100.00 FT..ET TO TER SAID
RAILROAD RIGHT OF VAYt THENCE ALONG THE SAID RIGHT 091 HAY, N 01 DEGREES 03t
51" .R FOR A DISTANCE OF 450.00 PSET TO THE P61VT OF b9:JI*IINU. A TRAOr OF
LAND SITUATYD IN THE NB L/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANG& 69 WEST OF
78F 6TH P.H., COUNTY OF LARINBR, STATE OF COLORADO, BEING MORE, PARTICOLARLY
M';CRI8EP A,4 FOLLOWS, CO45IOFRIBG THE %AST MINX OF SECTION 2 AS BEARING S 00
D?OREBS 4T' 4011 19 A3'D WITH ALL SEARINC9 CONTAINRD H82MIN RELAT.Iv^a TdtCjlFTO:
880INNINd AT THE NE CORNER 03 SAID SECTION II THEHCB S 16 DEQRZ80 47' 00" W,
995.83 OUST ALONG THE EAST LIKE OF SAID SSCTI034 2 TO Tmm TROE POINT OF
BRGINNING: THENCE CONTINUIYG ALONG SAID EAST LINE, 9 00 DEGR&RS 47' 00" W,
450,00 FERT: TSRUC% N 08 PWREBS 52' BOO 72, 1958,73 FEET TO THE CENTERLINE OF
TRS 301C1l TRACK OF TRW COLORAW R SOUTHERN RAILROAD AS NOW CONS7113CI&D, THENCE N
00 OECRE$9 33i 00f 8, ALONG THE SAID RAILROAD CEOTERLINB 450.40 FSEY7 THENCE S
BB DEDRER9 S2' 00" i, 1037.9E PBZT TO TH31 4SUs POINT OF BEGINNING, T%CEPT
RIGHT OF HAY FOR COiLSCH hYkNUB " kSTABLISHBb AND OR DNED GvRA THE EAST
PROPERTY Ll%g
GRANTOR'S PROPERTY EXHIBIT B PAGE 1 OF 2
The Grantor's Property contains the following tracts of land:
Tract 1:
A heal of land in the Northeast Ouarler of 6im,len 2. Township 6 North. Range 69 Wall of the 611% principal Usrldlon,
Urlmor County, Colorado, described as folbwr:
Considering the easterly line of the Norlhsast Quarter of Section 2 as bearing S 00,47.00" W, and with all bearings
contained heroin relative thereto.
from the Northeast comer of Section 2: THENCE S 00.47'00• W. along the easterly fins of the Northeast Ouorfee of
Paid Section, 1953.53 fool! THENCE S 57039'00" W, 40.10 tool to o point on the westerly rfphl of wayline of U.S.
Highway 267 (College Avenue); THENCE N 00'$2'00" E, clang cold line. 24.66 lost to the POINT or st01NNING;
THENCE 5 07.59'DC" W, 61101 feet: THENCE 5 01035#00" W. 112.29 fool to o point an the northerly fine of the
IMaborg P.U.O. as recorded in Rdcopllon Number 82035838 of the Lorimer Counfr Rasordsi THENCE N 66'IS'00" W,
along said IMP. SL00 test to the narlhwed earner thereof, THENCE N 01.13'00' E. 30.00 lost. THENCE N 66.4S'00" W.
246.06 tool to o point an the easterly right of way of the Colorado and Southern Rallroadl THENCE N DD653100" E.
along told Ilne, 401.02 lost to southwest comer of that aerlaln parcel described In Roosrllon Number 86012997 of
cold County records: THENCE. clang the southerly and easterly lines of sold partial Iha following hoe courses and
Isloncasn 1) S 66.32'00" E, 200.00 fad: 2) N 00'53'00" E, 20Q.Q0 fed to the northeast corner ihrroof: THENCE
5 66'52'00" E, S51.26 feel, (previously thorn as 361.1t1 feel) to the northwest earner of that certain pares$ described
In Reception Number 86012995 of sold County retards: THENCE along the westerly and southerly lines of said pamab
the fallowing two course& and distances, 1) S (IS'40'00" E, 403.34 Hot, 2) N 67•59'44" E, 320.52 fool to a point on
the westerly right of way line of Y.S. Highway 267 (College Avenue); THENCE 5 00$2'00" W. clang told line, 101.32
fast Io the POINT Or SEGMING.
Said Tract 1 is also known as the Arbor South First Annexation, per plat recorded at the
office of the County Clerk and Recorder for Larimer County, Colorado, at Reception No.
2001092703.
Tract 2:
A tract of land situate in the NEl/4 of Section 2, Towns"p 6
Nojrthe Range 69 west of the 6th B.M., which considering the East
line of said Section 2 as bearing 300'471W and With all, bearings
contained herein relative thereto is more particularly described
as follows:
BEGIN at a point which bears S00a471W 1445 63 feet and again
NOSO52011 47.36 feet from the Northeast Corner of said Section 2
and run;
thence 11813e524W 352.00 feet,
thence 903'401E 403.36 feat,
thence N870590E 320.S2 feet;
thence 1100e5219 384.34 feet to the POINT OF BEGINNING
UTILITY EASEMENT EXHIBIT A S COT ON E2, T.6N, R1.69W.
SPage 2 of 2
00'37'S3 W (BASIS OF BEARING) 2818.77' _
14466'
z
1 SOUTH COLLEGEAVENUE
zY3'6 i ^ wMj5
OA
Z �w 00 �
UZW m =
MW2 0 3 .1zw rZ7 S 0 S' O
�Z D_
�Z
ZOO
CIU .^
O
Z
uZ z v�Ff- 3www3
awi a LS ) L7 W w a M Z.
a n
z
LT-
=,
I w
Z :mi�jnao
7 J J J
I
I
I
1
I
o
II
U z N
m
m
na !�
N W
U W m I Y
x Ez
�W
C. v� 'IM6
Q 0 O u 3
E0
� a
o o"
ti E ojiP_
a m m
I c
r o ao$
Y «Yy
( Z a au
Ii c n Y Ln
I ,J O. YO"OY
ye Cp�O
b
_ O Y
0 0 0W O _
�4i. •• a ••'J'O' im O W r W
y' `�{ •J cam o ace
Q
L2 4 ' ��,� p '� '' ' a rn a`
Z O CQ r9k .a mr a
2�3p019985 1" :a �O W m0ca
= 0 x N
o No• Too do . J � v tl =
pp pOR 7 " oe /) a Y z
V =ON N
a
O a Y 0 3
y O
KING SURVEYORS INC. PROJECT 18 200
� DATE:11//2Q10
650 E. Garden Drive I Windsor, Colorado 80550 CLIENT: HDR
phon¢ (970) 686-5011 1 Fax: (970) 686-5821 DWG:2009139EXH
�.kiogsurvryos.mm DRAWN: CSK CHECKED: SAL
EXHIBIT A
PROPERTY DESCRIPTION
Utility Easement
A strip of land for easement purposes, behig a portion of that parcel of land described in that
Warranty Deed recorded December 29, 2004 as Reception No. 20040123759 of the Records of
Larimer County, and being a portion of that parcel of laud described in that Warranty Deed
recorded June 5, 1997 as Reception No. 1997036594 of the Records of Larimer County, and being
a portion of that parcel of land described in that Warranty Deed recorded March 1, 1986 as
Reception No. 1986012995 of the Records of Larimer County, located in the Northeast Quarter
(NEl/4) of Section Two (2), Township Six North (T.6N.), Range Sixty-nine West (R.69W.), Sixth
Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and
being more particularly described as follows:
COMMENCING at the Northeast Comer of said Section 2 and assuming the East line of the
Northeast Quarter (NEl/4) of said Section 2 as bearing South 00"37'53" West, being a Grid
Bearing of the Colorado State Plane Coordinate System, North Zone, Not American Datum
1983/92, a distance of 2618.77 feet with all other bearings contained herein relative thereto:
THENCE South 00'37'53" West along the East line of the NEl/4 of said Section 2 a distance of
1445.86 feet to the Easterly prolongation of the North line of the Arbor South First Annexation plat
recorded October 16, 2001 as Reception No. 20010092703 of the Records of Larimer County;
THENCENorth 89°01' 14" West along the Easterly prolongation of the North line of said Arbor
South First Annexation and along the North line thereuf a distance of 340.76 feet to the POINT
OF BEGINNING;
THENCE South 00°58'46" West a distance of 25.00 feet to a line parallel with and 25.00 feet
Southerly of, as measured at a right angle to the North line of said Arbor South First Annexation;
THENCE North 8900 1'14" West along said parallel line a distance of 316.07 feet;
THENCE North 01'01'32" East a distance of 25.00 feet to the North line of said Arbor South First
Annexation;
THENCE South 8900 1'14" East along the said North line a distance of 291.05 feet;
THENCE North 00°58'46' East a distance of 14.00 feet to a line parallel with and 14.00 feet
Northerly of, as measured at a right angle to the North line of said Arbor South First Annexation;
THENCE South 89°01' 14" East along said parallel line a distance of 25.00 feet;
THENCE South 00058'46" West a distance of 14.00 feet to the POINT OF BEGINNING.
Said described parcel of land contains 8,252 Square Feet or 0.189 Acres, more or less (t), and is
subject to any rights -of -way or other casements of record or as now existing on said described
parcel of land.
SURVEYORSSTATEMENT
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct to tfle�tof my knowledge and belief.
C
34995
Steven A. Lri 'li"4W*of King Surveyors, Inc.
do ColoraRegistere Professional
Land Surveyor-934995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970)686-5011
V:tMWI391'ROI'ERTY DESC & CLOSUREWORITI UTILITY EASEMENTAm Page I of 2
GRANTOR:
SPRADLEYB C, olorado limited liability company
By:
Kriss Spradley, Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this I Tpt day of 3.^, 2010,
by Kriss Spradley, Manager of SPRADLEYBARR, LLC, a Colorado limited liability compan34
Witness my hand and official seal.
W Cwg ission E#es 071IM014
STATE OF COLORADO )
) ss.
COUNTY OF LARrMFR )
M Commi 'on Expires: a, 41r O 1.01
N tary Public
GRANTEE:
FORT COLLINS-LOVELAND WATER DISTRICT,
a Political Subdivision of the State of Colorado
By:
Michael D. D' olio, Manager
The foregoing instrument was acknowledged before me this IV day of 2014, by
Michael D. DiTullio, Manager of FORT COLLINS-LOVELAND WATER DISTRICT, a po tical subdivision of
the State of Colorado..
% %loll!+
Witness my h'A
Y � ocARy t�
�•— :O
PUBV
• Q .
%,'-•.......••rip
O 1 t CO
My Commission Expires: �/1 1oL01 c�
Notary lic
structure, improvement, fence, tree, or other landscaping on the Easement. In the event of the
placement of such obstacles on the Easement contrary to the provisions of this subparagraph A,
the District shall have the right to require the Grantor to remove such obstacles from the
Easement and, in the event the Grantor fails to do so upon request, the District may remove such
obstacles without any liability for repair or replacement thereof. Notwithstanding the foregoing,
the Grantor, its heirs, personal representatives, administrators, successors, and assigns shall have
the right, without the consent of the District, to install concrete, asphalt or other hard surfacing
over, across and upon the Easement and plant grasses and other groundcover and small shrubs
upon the Easement area which are usual and customary for the full use and enjoyment of the
Property as a new and used car dealership provided it does not interfere with operation,
maintenance, installation, and full enjoyment of the easement by the District. However, the
District shall not be responsible for repair or replacement of any "exotic" plantings, ornamental
trees, or similar landscaping other than usual and customary ground covering and shrubs.
(h) The Grantor does hereby covenant and agree to and with the District that the Grantor is lawfully
seized of the Easement and the Grantor's Property, and that the Grantor has a good and lawful
right to convey the Easement to the District and that the Grantor warrants the title thereto,
subject to easements and rights -of -way in place or of record; restrictions, reservations and
exceptions of record; deeds of trust of record; real property taxes and special assessments.
2) The District does hereby covenant and agree to and with the Grantor as follows:
(a) The District shall not fence or otherwise enclose the easement, except during periods of
construction and repair.
(b) All trenches and excavations made in the laying or repairing of the domestic waterline shall be
properly backfiilled and as much of the original surface soil as reasonably possible shall be
placed on top. All large gravel, stones, and clods will be removed from the finished backfill.
The District will finish the backfill after normal settling of the soil and resurface the disturbed
area with asphalt or concrete to restore the surface to substantially the same condition as existed
prior to the District's activities within the Easement so that the use and enjoyment of said
Easement by the Grantor shall be suitable for the purpose now used. The District will maintain
the trench area and the domestic waterline.
(c) To the extent allowed by law, the District shall be liable for loss and damage which shall be
caused by any wrongful exercise of the rights or ingress or egress to or from the Easement or by
wrongful or negligent acts or omission of its agents or employees during the course of their
employment on the Grantor's Property.
3) It is mutually agreed between the parties hereto that:
(a) Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the District, the Grantor shall retain the right to use and enjoy the
Easement.
(b) The benefit and burdens of this Agreement shall inure to and be binding upon the respective
heirs, personal representatives, successors, or assigns of the parties hereto.
(c) Whenever used herein, the singular shall include the plural and the plural the singular and the
use of any gender shall apply to all genders.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
RECEPTION#: 20110043465, 07/20/2011 at
E M JUL 2 G tit i 1 10:08:43 AM,
1 OF 7, R $41.00 TD Pgs: 0
Scott Doyle, Larimer County, CO
EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT, made and entered into as of the 13t:hday of au%V , 2001, by and between
SPRADLEYBARR, LLC, a Colorado limited liability company, hereinafter referred to as "the Grantor" and Fort
Collins -Loveland Water District, a Political Subdivision of the State of Colorado, hereinafter referred to as "the
District".
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained and the sum of TEN Dollars
($10.00) 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 District, its
successors and assigns, a permanent nonexclusive easement for the installation, construction, maintenance, inspection,
operation, replacement, or removal of one (1) or more domestic waterlines for the transmission and distribution of
domestic water, and all underground and surface appurtenances thereto, including metering stations and other fixtures,
in, over, across, and upon:
A 25 foot right-of-way and easement, as described on Exhibit A attached hereto and incorporated herein by
reference.
The parties hereto acknowledge that said easement and right-of-way (hereinafter referred to as "the
Easement") is located on a parcel of property owned by the Grantor legally described on Exhibit D attached hereto and
incorporated herein by reference and hereinafter referred to as "the Grantor's Property."
1) In addition to the Foregoing grant of easement and right-of-way by the Grantor to the District, the Grantor further
grants and conveys to the District the following rights and privileges:
(a) The right to grade the Easement for the full width thereof in such manner as the District may
reasonably determine to be necessary or advisable.
(b) The right to support pipelines located within the Easement across ravines and watercourses with
such structures as the District shall reasonably determine to be necessary or advisable.
(c) The right of ingress and egress to and from the Easement by means of existing roads (whether
public or private) located on the Grantor's Property, if any, or in the absence of such roads, by
such other mutes as the District shall determine to be reasonably necessary taking into
consideration the minimization of damage to the Grantor's Property. Notwithstanding the
foregoing, in the event the Grantor' Property is subdivided and in the event roads are dedicated
on the plat of such property, which roads provide adequate access to the Easement, then the
Di�rict's right of ingress and egress over the Grantor's Property to the Easement shall be
limited to such dedicated roads.
(d) To install, maintain, and use gates or other livestock barriers on all fences which now cross or
hereafter cross the Easement.
(e) To mark the location of the Easement with markets set in the ground provided that any such
markers remaining after the period of construction of the domestic waterline and appurtenances
shall be placed in locations which will minimize interference with any reasonable use of the
Easement area by the Grantor.
(f) All other tights necessary and incident to the full and complete use and enjoyment of the
Easement for the purposes herein granted.
(g) Except as otherwise provided in subparagraph A, the Grantor, its heirs, personal representatives,
administrators, successors, and assigns shall not erect or place any permanent building,
Fort Collins -Loveland Water District
South Fort Collins Sanitation District
5150 Snead Drive
Fort Collins, CO 80525