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Home My WebLink AboutSCENIC VIEWS PUD - FINAL - 3-96A - SUBMITTAL DOCUMENTS - ROUND 1 - EASEMENTSGRANT OF DRAINAGE EASEMENT Scott H. and Cynthia Fisher for good and valuable consideration of in the form of a promissory note, grant in perputuity a drainage easement across their property located at 2705 Orchard Place, Ft. Collins to Solitaire Properties, LLC, their heirs, and assigns. The precise location of the easement will be determined from engineering drawings approved by the the city of Ft. Collins upon Final Plat approval of the Solitaire Properties, LLC. parcel to the west. Said Prommisory Note shall be redeemed for cash within 30 days after Final Plat approval of the Solitaire Properties, LLC. parcel. �/ rG tt H. Fisher Date 2705 Orchard Place Ft. Collins, Colorado c Cfnthia Fisher Date 2705 Orchard Place Ft. Collins, Colorado Flamm I� �i�r✓ !� William B. Veio Date ' Manager, Solitaire Properties, LLC. 6645 E. Heritage Place South Englewood, Colorado The above signatures were acknowledged before me this day of 1996, by y, - Ab, '(,a drip , a Colorado Notary. My commission expires 5---31- 98 RepublicNotary Address Co an LA William B Veio's signature was acknowledged before me this loth day of M 6, by Sharon L. Camara, a Color do Notary. �PP'4 P�BIi� ('�,,i'a4.c, '7y&/ � �opchoe Rd SHARON En c.Cuc/ CG E-Ci//2 Rocky Mountain Research Institute Pj EXHIBIT A A 33.00 foot wide permanent utility easement being a tract of land located in the Northwest quarter of Section 16, Township 7 North, Range 69 west, of the 6th P.M. of Larimer County, Colorado, a portion of which is located in Lot 12 of the Plat of Mountain View Acres, a plat of record with the Clerk and Recorder of the said Larimer County, being 16.50 feet on each side of the following described centerline; Considering the West .line of the said Northwest of Section 16 as bearing South 00039'35" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of the said Northwest quarter of Section 16; thence long the said chest line, South 00039'35" East 1303.50 feet to a line which is 16.50 feet (measured at right angles) North of and parallel with the South line of the said Lot 12; thence along the said parallel line, South 89057135" East 30.00 feet to the East right-of-way of overland Trail and to the TRUE POINT OF BEGINNING of this description; thence continuing along the said parallel line, and its easterly prolongation, South 89057135" East 1338.48 feet to the westerly line of the Plat of Locust Grove Second Filing, a plat of record with the Clerk and Recorder of .the said Larimer County and to the terminus of the said centerline. Together with a 17.00 foot wide temporary construction easement lying 17.00 feet North of and parallel with the North side line of the above described permanent easement. The sidelines of the above described easements are to be prolongated or, foreshortened to their points of intersection with adjacent boundary lines. The above described permanent easement contains 44170 square feet. or 1.0140 acres and the above described temporary construction" easement contains 23462 square feet, all easements are subject to all easements and rights -of -way now existing or of record. December 16, 1987 Accepted by the City of Fort Collins, Colorado this 15th day of December 1987. Ci Ly' C1 elk; ( COR'PORA.E '.`SEAL ) F 3 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. (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 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 15th day of December , 1987. STATE OF COLORADO ) ) ss. . COUNTY OF LARIMER ) C E. j :';;�; . ' / mac. i C �. • C. Evelyn K/ Anderson, Grantor f Subscribed and sworn to before me this day of 1987, by EVELYN X. ANDERSON, as Grantor. � Witness my hand and official seal . 1 ': �;� , : '• j qq I_ )) My commission expires: ��?� jy- _:C.t ��,�... (� /( Notary Pub ; d'�... 2 RCPTN # 88000344 0: 188 13:49:53 # OF PA - 4 FEE - $12.00 M.'RODENBERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- $.00 DEED OF EASEMENT THIS DEED, made this 15thday of December , 1987, between EVELYN K. ANDERSON of the County of Larimer, State of Colorado, GRANTOR, whose address is 508 Louise Lane Fort Collins, Colorado 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 ONE THOUSAND FIVE HUNDRED THIRTY-THREE AND NO/100 DOLLARS ($1,533.00), 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-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, through and under all of the hereinafter described real property situated in the County of Larimer, State of Colorado, being described mare fully on Exhibit "A" attached hereto and by this reference made a part hereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement not to exceed seventeen (17). feet on the north side of the aforementioned permanent easement 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 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;