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Home My WebLink AboutEVERGREEN PARK, 2ND FILING - 3RD REPLAT OF SUBDIVISION - 24-96 - SUBMITTAL DOCUMENTS - ROUND 1 - EASEMENTSM LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent Utility Easement Two strips of land through Lots 1 through 13, Block 7 of the Replat of Evergreen Park. Second Filing, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado, being described as follows: A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line, and a temporary construction easement lying 25 feet North of the following described reference line and bounded on the South by the South line of said Block 7: Beginning at the Southeast corner of Lot 13, Block 7 of said Replat of Evergreen Park, Second Filing and considering the South line of said Block 7 to bear North 89°50'32" West, with all bearings contained herein relative thereto; thence Northerly along the Easterly line of said Lot 13 North 00009'28" East, 11.86 feet to the True Point.Of Beginning of said reference line; thence departing said Easterly line North 89°32'32" West, 1054.02 feet to the Westerly line of said Lot 1 and the point of terminus of this description with said point of terminus lying 17.38 feet North of the South line of the said Block 7. The above described permanent utility easement contains 21,000 square feet, more or less and the above described temporary construction easement contains 41,700 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, 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. . 7 r985 Date MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration Number 22564 •P�p N E ��S j,.•:1 C9•c•:r9 •� A2564 TARANTO, STANTON 3 TAGGE Consulting Engineers SHEET 2 OF 2 SiIEETS /. A A/ /n_ /JA /- /a2 M GIROUX PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN LOTS 1 THRU 13, BLOCK 7, REPLAT OF EVERGREEN PARK SECOND FILING,. CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO TRUE POINT OF BEGINNING N 00009'280E /— SE. CORNER LOT 13, BLOCK 7 13 12 11 10 9 N W cr V y Q 7 ►J 6 5 4 i I I I I I I TES � EAS �f I 25' 20' PERMANENT UTILITY EASEMENT 10, 10 iQl 0 0 _ ? m !Nn 2 i zl ' I I J J 0 it IZ x 0 N iil III I 25' i 20' u ST4E 1" 100' 3 /I uj iII 2 W wil W 1 CCiI N 00 009 '2a 1E TARANTO, STANTON d TAGGE Consullmg Engineers SUGARPINE STREET SHEET f O F 2 SHEETSI - .I_c Al_ In_�7n1.. 1*7a: N ,7 an L. Giroux, Grantor STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of , 198 , by as Witness my hand and official seal. My Commission expires: Notary Public Address: Accepted by the City of Fort Collins, Colorado this day of , 198. ATTEST: City Clerk (CORPORATE SEAL) CITY OF FORT COLLINS, COLORADO By Mayor 19 (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 Grantee hereby covenants and agrees to indemnify Grantor against any loss or damage which shall be caused by the exercise of its rights under the easements and said ingress and egress or by any wrongful or negligent act or omission of Grantee or of its agents or employees in the course of their employment. 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 Mayor, 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 day of , 198 RCPTN 2 85040110 qgF�W/85 .'J. ULVANG, RECORDER - LARIMER 16:02:13 # OF PAC - 6 FEE - $18.00 COUNTY, CO. DOC. NF,- $.00 DEED OF EASEMENT �4. THIS DEED, made this J day of i. 198 � , between Ivan L. Giroux of the County of Larimer, State o Colo ado, GRANTOR, whose address is 2330 W. 18th Street, Loveland, Colorado, 80537 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 TWELVE HUNDRED SEVENTY TWO AND 20/100 DOLLARS ($1272.20), 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 right-of-way for access, on, along, and in all of the hereinafter described easements of those certain lands which are 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. As part of the consideration hereof, and by acceptance of this Deed of Easement, the Grantee shall, at its own expense, accomplish the items listed in Exhibit "B" attached hereto and by reference made a part thereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement not to exceed fifteen (15) feet on the northerly and five (5) feet on the southerly side of the aforementioned permanent easement for the purpose of constructing the aforementioned waterline. 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 waterline, or other structures constructed hereunder with any other number or type of utility facilities, 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;