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HomeMy WebLinkAboutEASTGATE SECOND - Filed ED-EASEMENT DEDICATION - 2005-08-03ENGINEERING DEPT. NOTE: THIS REPRESENTS THE BEST QUALITY IMAGE POSSIBLE TAKEN FROM VERY POOR QUALITY ORIGINALS GRANT OF EASEMENT THIS INDENTURE, made this,4/ day of&^ ?OG51 by and between FORT %OLT_iNS HOUSING AUTHORITY, as partypart, hereinafter referred to as "Grantor," and DAVID PH_LLIPS, whose address is 1423 G Blue Sor_':ce Drive, Fort Collins, CO 8�0)524, hereinafter referred to as "Grantee." NVITNESSETH: FOR GOOD kND VA-LUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents decs bargain, sell„ convey, ransfer and deliver unto the Grantee, his heirs, personal representatives, and assigns, a non-exclusive (as that term is hereinafter defined} easement in, over, and across :he real estate hereinafter described the Easement Premises"i, including the perpetual right to enter upon the Easement Premises as nccessary to censt -tct one below gro'-ind sanitary sewer line and necessary appurtenant structures across, through, upon and under the Easement'remises, and tc repair, replace, insoect and maintain said sanitary se's'er line; provided, however, that the Grantee, his agents and representatives (1) shah not injure or ctharwise cause bodily harm to any person; (2) s'na'.I promptly pay Ah--n cue the costs of any work performed by or at the reuest of Grandee; (3) shall not permit any liens to attach to the Grantor's property by reason of any wo-k performed by or az the request of Grantee; (4) shad promptly restore the Grantor's property to substantial-y the same condition as existed before ai.y such. -•cork was underta en; and (5) ;hail c7ndtct a_I !xerk en Grantor's property in such a n)Ln.P.cr as to minlm:Ze to tte maximum extent poss171e and• ad"'se effect on the USe being .lade o` the Grantor`s proper v. Grantee hereby agrees to and s:ha.l it:demnifv and hold Grantor and the Grantor's proper:,: harmless From and against any and all Lability, Ins , da[T die. rQSt, and expense (Irclurling reasonable attolT Cy"S' fees an.l L,Cin ing paynnents made by Grantor .o release mechanics' 1'.ens tiled agai..st the Grantors p-operty) Which Granter n:a}' Sllffer as a rastlt Of C!armi, de^,]aT:4, acC'.^rs, suits, preccedings; and/or judo tents against Grantor or the Grantor's proper, - arising out of, as a result of, or in any •may connected with any work performed by or a,, the re:lt!est of Grantee. Tnterm "vmasnon-exclusie easeent" used herein, shall I Lari that ar.v_ help': c _-round utilit% lines, systems and appur:cnances and other above o belo ground permanent stbstartial s¢uctures shall net he installed or encrca.ch uporr any n:art:oa c: the Easement Preriises unless first approved by the Grantee, which approvat s':tall not be unreasonably wi-hheld. Grantor rese7+es the right to use the surface of the Easement Prf-mises for anv purpose drat does not interfere wit' Grantees use as herein proms ided. The --Easement Premises hereby granted, situated in the City of Fora Collins, Ccun:y of Larimer. State of Colorado are described as f')hows: C RBI - 1'� SC5) Z 4 ptC9C57CL6 slapllrE wCsaC .a aeiE d6t ZC ;0 6C a'6S ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 2.2.3 (Cx3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the ,Mate of Colorado. This Certification is based upon an examination of the records of the Clerk and Recorder of Larimer County, Colorado as of the date of execution of the deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(Cx3XD of the Land Use Code. Attorney Thomas W. Metcalf Address A Registration No. L 7 Date: -�. - �S �a�2-ir ZDas-cbi8�9z EXHIBIT A - EASENLENT DESCRIPTION EXHIBIT B - EASENIENT DRAWING TO H.AV- AND TO HOLD said easemeet unto the Grante;i, his heirs, perSvJnai representaN,ves and assigns, forever. The Grantor does hereby 3pvenart With the Grantee that it is lawfuPy seized and possessed of fie Easement Premises, that it has a 'good and lav,,fut right to cc�c'-cy the casement herein granted, that the said `casement Premises are free and clear of all encumbrances, and that it will forever warrant and defend the title tiiereto against lawful claims of all persons whomsoever, subject to easements and rights - of -way in place or of record; claims of parties in possession not shown by the public records; restrictions., reserva:icrs, exceptions, cov.-rants, conditions and agreements of record; ar.d real uxpe t taxes and assessmerts, ifany. IN W=T`:ESS WHEREOF, the Grantor has executed this Grant of Easement the day and vear first above written. FORT COLUNS HOUSING AUTHORITY Name Title: STATE OF COLOR -ADO ) )SS: C:O INTY OF LARINTER ) The oregoin` instrument was ackncvdl dged before /1 to this �_ daNof =G05, by ,ry�rch,�e� 1�Fn�C'fc;/as_�rr;uig�,n of OM COLLTT:S HOUSNG AL:THORITY Witness my hand and official seat. My Ccrnntissio- Expi,es:_ is r� ?Notary Public (171-1 - t)r�VlD PH1LLi�S "----------- NOTARY PUBLIC cd siepjirE wolsrp iawa,;U dn,.ZC :�J ec i`%..`: L� J co 01/17/2?05 10:09 9702213821 F7 CCLLIHE YnU'SrHG Pi,GF_ Bo E(HIBR '8' EASEMENT EXHIBIT MAP FOR A IJnure rAsOiarr LOCATED N LO' 14, REPEAT OF TPAC'T *)e EISTCRT£, FIRST F'"01 SRUITE: IN SEGT➢CN Ia. TOWNSHIP 7 NCRIN, RANGE S9 WEST OF THE GTH P.M., CfiY OF FOR'T CCLLINS. COUNTY OF U.R!WF!Z- STATE OF COLORACC C mc" 'B, L'SDP.W 01 "f% I T--tga ej RTC RITI''a a' uta;ty Eaa.ment Pq o.D' _ — the Finc4 Plot of Replat — — — — o' Tract 'A' Eaotgoto, . j j 35' Fe-pt Fling 1 j j 1 PROPOSED UTILITY �— EASEMENT 25 1 9.eS.F. � F Jr Ij r � CO zz It j .o I 35' Drainagge Ecr_ment ! �' pv the Fincl P15t o` P.oslat of Trxt A" I 1 / I Eaatgote, Fvst F`Nns Existing 5' E><+n tins 5' Ensemrn4 ^II 4 Eazsrne.t— Crwt! Devi Philip. 142.: , 6luc Spn+ce Or>m Fcrt CWNn, CO. CO5,4 \OT=, TMS QU^C UES NOT REPRESEYT �OMVWQ-1n1E1 nELD suRvEY 01, -,HE w3ACT PROPERTY, rT IS INT_'tiC© TO DEPZT THE ATiA:HED PPIIPEATf OES:RIPTIC�I MR THE SLELxT °P.CPERTY. ccarnnb Per khe r'hd Ctat et Rcpfal. o• nn 'tact -� Fasl Sate. � 13, Replmr: v? :rct FUirp Pr�d By: In:vmN LarM .a ld Lcvete0. +SOI ne. r Oleve7and CO. 9O53i (9?C) 669-0515 Ata,--e Na: P-C3-`.53+ 20 40 Scala: 1" = 20 According co Cdcrda low you mL91 commerce any leccl Uct.c tared on :his survey nithtn Three yeah a}ta- yo:, ciraaver s��ch d^_fect. In na evelt, f••G c^.- action Sated J, ary GBInc`, iL th;l sur>_y Ge commerce: Herr than ten yews from the /C,t cl L^^_ Cert,fioati Cr shoe hercor. 4 Sd s,;cQ 373L5 siep"rc wolsn awed dLZZO 90 60 B EXHIBIT A PROPERTY DESCRIPTION FOR UT-LI-Y EASEMENT: The Westerly Ten (10) fee* of the East:rl Thirty -Five (») feet of La 14, REPLAT Or TRACT "A" EASTGATE, FIRST FI ING, sivate in Se.tioc 1S, Tcwnship 7 North. Ran,e 68 'West of the 6"' P.NL; City of Fort Collins; County of Latimer. State of Colorado. The above described Utility Easement contains 850.0 square feet, more or less. �L31,1 - 2,24,115; 4 bd 4tc-oc=70ze s,api;r�-; wolsn' swa.id d.ZZO 90 60 -a71 RESOLUTION NO. PZ05-04 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF A DRAINAGE EASEMENT ON THE PROPERTY KNOWN AS THE LOTS 4 AND 5, REPLAT OF TRACT A, EASTGATE, FIRST FILING, CITY OF FORT COLLINS WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements by resolution or by approval of replats containing notation of such dedication; and WHEREAS, the Owner has presented to the City a deed of dedication of a drainage easement on the real property known as Lots 4 and 5, Replat of Tract A, Eastgate, First Filing, City of Fort Collins, which deed is attached hereto as Exhibit "A"; and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the Deed of Dedication for Easement conveying a drainage easement to the City on Lots 4 and 5, Replat of Tract A, Eastgate, First Filing, City of Fort Collins, which deed is attached hereto as Exhibit "A", is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 1 g`h day of May A.D. 2005. Chairperson ATTEST: Secretary Attachment "1" EASEMENT DEDICATION Rim RS��F / Q\e PZ 05-04 N Eastgate 1525/1531 Riverside Ave. Vicinity Map April 20, 2005 Exhibit "A" DEED OF DEDICATION FOR EASEMENT KN L MEN BY THESE PRESENTS: That the undersigned �A^/l� / Q /f ni , being ffie owner of certain real property ;n Larimer County, Colorado legally described at Reception No.2T1 Zq 9 in the Larimer County Records in consideration of Ten Dollars (S 10.00) in hand paid receipt of which is hereby acknowledged, and other good and valuable consideration does hereby dedicate, transfer, and convey to the City of Fo ollins, Colorado, a Municipal Corporation for public use forever a permanent easement for RA/NACU _ in the City of Fort Collins County of Lorimer, State of Colorado, more particularly descnbed on Exhibit "A" attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this 1_L_ day o&Ld9&05 ATTEST: By:. )err%�Awae-f S b+'- Title: Nei State of CD l uy-k2 o ) as County off GrantltzvdT-3A� . By: Title: Name and Address:, 7. 1�Ef2/i(TGI EAST TIC JA( �S E7 �T LLiA(S , C a 96f T The foregoing instrument was acknowledged before me this ff day of (tta -`r' 2003,-by j ntcl'R.Ee-n'Nr+�A—as 0UDrx.e.Q .and as Witness my hand and official seal. My commission expires: b ri I a3_T00 S otaq Public JENNIFER ANDERSON NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04/23/2008 Accepted by the City of Fort Collins on the _ day of 200_. City Clerk RrL SURVEYS 113 Cameron Drive, Suite Fort Collins, Colorado 80525 C* TEL: (970)226-3007 FAX: (970)226-3027 EXHIBIT "A" That portion of Lots 4 and 5, REPLAT OF TRACT "A" EASTGATE, FIRST FILING, in the City of Fort Collins, County of Larimer, State of Colorado, being more particularly described by the following boundary lines: BEGINNING at the Northwest corner of said Lot 4; thence S 63*31'20" E, along the Southerly right-of-way line of Riverside Avenue, 15.00 feet; thence S 26°28'40" W 95.00 feet; thence S 63031'20" E 107.31 feet; thence S 56°19'40" E 70.03 feet; thence S 45°06'00" W 10.20 feet to the Southeast comer of said Lot 5; thence N 56°19'40" W 68.01 feet; thence N 63°31'20" W 121.06 feet to the Southwest comer of said Lot 4; thence N 26128'40" E 105.00 feet, more or less, to the POINT OF BEGINNING, containing 3328 square feet, more or less, and being subject to any easements, rights -of -way or restrictions now existing or on record.