HomeMy WebLinkAboutLINCOLN JUNIOR HIGH SCHOOL 1600 LANCER DRIVE - Filed ED-EASEMENT DEDICATION - 2008-03-03DEED OF FA` KKENT
THIS DEED, made this day of ;,:�, 1985, between POUDRE
SCHOOL DISTRICT PR-1 of r.he County of Larimer, State of Colorado, GRANTOR,
whose address is 2407 LaPorte Avenue, Fort Collins, Colorado. and THE CITY OF
FORT COLLINS, COLORADO, a Municipal Corporation, GRANLTEr, whose address is 300
LaPorte Avenue, Fort Collins, Colorado 8052!.
KITNESSETH:
That for and in consideration of the covenants and agreements herein set
f rh, the sum of TWO THOUSAND SEVEN HUNDRED FIFTY-ONE AND 72/100---
,;RS ($2,751.72), and other good and valuable consideration in hand paid by
the Grantee to the Grantor, the receipt and adequacy of W4 ch 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 instsll,
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, tying described sore 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 "S' attached hereto and by
reference made a part thereof.
In addition thereto, Grantor grants to the Grantee a temporary
construction easement not to exceed feu r (40) feet on n-)rtherly side and
fifteen (15) 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 sand to the
Grantor and Grantee's mutual satisfaction.
The Grantor further grants to the Grange:
(a) the right of ingress to and egress from said easements over and
across said lands of the Grantor by means of roads and lames
thereon; provided, that if any portion of said lauds is of shall
be subdivided and dedicated roads or highways on such portion
shall extend to said easements, said rig�xt of inZrase end egress
on said portion shall be confined to uch dedicated roads end
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 is all fences which
now cross or shall hereafter cross said easements;
(d) the right to dark the 1.--atiOn of said easements by suitable
KrJanc: provided that said markers shall be
anarkers set in the
placed in locations which vill not interfere with any reasen,ble
use Grantor shall make of said easements -
Grantor reserves the right to use said easements for purposes which will
ee's ful� enjoyment of the rights hereby granted; and
not interfere with Grant
the parties further agree that the uses of said easement ley i;e'artar and e
&grew nts concerning those uses shall be as f011.Ows:
(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 covsnant" and agrees to indemnify Grantor against any
loafs or damage Which shall be caused by the exercise ofits rights
undactthe
essensats and said ingress and egress or by anywrongful.
Or
ou"sion of Grsatee or of its agents or employee* i.n the course of their
Noloysesnt»
°flee Grantor rotates that k t the lawful, owner in fee simple of the real
uthorty
property described herein; tha �.t good
or peg part , wfulthegEofrihtaanda that iic.
to grant, Sell sold convey said property
warraute the title of said property.
r ssed barein, the singular umber shall include theplural,
the all..
plerai the ela slar; and the use of rimy gander shall be applicable
�ers» All of the wve&mtaa the partherein contained shall be binding upon and
Sesye pa, -ties hereto, their respective heirs, personal
resale to the basseefit of
Ipr fate peceassto,rs sad assigns, and it is expressly understood that
the ri$ tts bereia granted Say be assigned by the Grantee, +ads.ltout limisuch ether
to T'latte lover datbority, public Service Coup
of Colorado and such anthers
so soy, in Grantees discretion, b$ desirable,
IN WiTuts row', the Grantor has � reunto set their haled and seal the
day and year first above written; and t, Grsnt.ee has caused this Deed to be
satsosted as an Agr*mwot by its Mayor, attested to by its City Clerk, and its
corporate seal to be hereunto affixed, all pursuant to a motion aeo�pted by the
ty Council o! the City of Tort Collins on the �_'
day
P(U1)RE SCHOCIL DISTRICT R-1 OF
LARIMEA COUNTY, STATE, OF COLORADO
r
Pre dent the },card Education
ATTEST:
(SEAL)
ecretary of Said
STATE OF COLORADO )
) as.
COUNT! OF LARIM )
Subscribed ppd sworn to before at this ._L._ day of.
1985, by , as Prosid4ht of the School
Board, and _ as Secretary of said Board. -•
Witness h hand and official seal.
My Commission expires: `PP
d'.
tA
Notary Fliblic
f� '� Fh1Yrr
Address:
Accepted by the City of Fort Collins, Colorado this ^�— day of
1985.
tat
(0*JWATE SEAL)
.ASE"ENT.AND TEMPORAPY
PERMANENT UTIL ' I , S
T Y r7T IN THE' SOUT'1111EST
CONS T'R,"_j C TiON E,,A,EMEN
SECTION 3, TOWNSHIP 7 NORTH,OUARTER OF ST OF THE 6th PR!NCIPAL MERIDIAN,,
RANGE 69 WE_
COLORADO
LARIMER COUNTY,
WA
0 ?5. 00
SE. CORNER
S 1/2, NE 114, SW 114
lb
FL-ri-r-
WNZAPL-N Jlz�
p
S 112, NE. 114, SW. 114
2' SE 1/4, SW 114
BOOK 1426, PAGE 3Vt
K 14;18, PAGE 393
4 f
! �+--�-- TS' TEMPORARV CONSTRUCTION
EASEMENT
20' PERMANENT UTILITY
EASEMENT
60'
so,
W
Cf%&Amm
*or
ml_;Q 0. _11"Iffmal
SCALE le. 2W'
TARANTO. STANTON & TAOGE
m
PORTION OF
N 1/2, SW 114, SW 114
r-_____ _.—..
EECY C;ESCRIPT1GN - 20' Perrnarent Utility Ease:a';: and 75' Temporary
---- _�— C�InStructic±n Easement
Two strips of land in the Southwest Quarter of Sectioa 3, Township 7 North,
Rrnge 69 Viest of tt,e 6trh Principal Meridia-�,.;aT',mer County, Colorado being
described as follows: A 20 foot wide peri',47- r utiility easement lying 10
feet North and 10 feet South of the following tescribed reference line and
75 foot wide temporary construction easement ,in3 50 feet North and 25
South of the following oescribeo reference line: Beginning at 0 e
L;�west corner of the South Half of the Northeast Quarter -of the
;;_,uthwest Quarter of said Section 3 and considering the (Jest line of said
Sout, Half of the Northeast Quarter of the Southwest (quarter to bear
North 00°43'48" East with all bearings contained herein relative thereto;
thence Northerly along said West line North 000431480 East, 25.00 feet to
the true Point Of Beginning of said reference line; thence departing said
West line along a line parallel to the South line of the South Half of the
Northeast Quarter of the Southwest Quarter of said Section 3 South
89048*05" East, 1311,10 feet; thence South 89a32'26" East, 0.18 feet to the
West line of said South Half of the Northeast Quarter of the Southwest
Quarter of Section 3 and the point of terminus of this description. The
above described permanent utility easement contains 26,300 square feet,
more or less and the above described temporary construction easement
contains 98,500 square feet, more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CRE66ER, 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.
4
Professional land Surveyor
Colorado Registration l'uaber 22564
TARANTO. STANTON i TAGGE
!:,rxu.nq fnyonetlr.
W
M
EXHIBIT "B"
The City agrees to:
1) have contractors aork on the prc;-ct only during weeken&) with
the exception of school ,acations and emergencies.
2) fence the temporary easement with snow ecrcinq or similar fencing
during construction and use appropriate safety measures to
protect persons on school property.
3) resod no later than May 1, 1986.
4) repair sprinkling system if damaged.
5) work continuously so as to cowplete construction within a
three-month period.
0
STATE OF COLORADO SS
COUNTY OF LARIMER I
I do hereby certify that the within and
foregoing is,a full, true and,.cr.,,r::,.,t
of
as it appears of
WitncsE try
Fort Collins,
of
ount Clerk &
oun'cy, CO)
Fees & By uty