HomeMy WebLinkAboutSOUTHRIDGE GOLF COURSE - Filed ED-EASEMENT DEDICATION - 2002-10-22RCRTN # 91.00V822 02/27/gl 16:01-00 # RACFS - 2 FEE -
M RODFNRFRGER RECORDER T.ARTMFR COI)NTY CO STATE -')C FEE -
GRANT OF EASEMENT
$10.00
$-00
The City of Fort Collins, Colorado, a municipal corporation, whose mailing
address is P.O. Box 580, Fort Collins, Colorado 80522 (hereinafter "the
Grantor"), does hereby grant and convey to the Fort Collins -Loveland Water
District, whose mailing address is 4700 South College Avenue, Fort
Collins, Colorado 80525 (hereinafter "the Grantee"), for valuable
consideration received by the Grantor from the Grantee, the receipt and
adequacy of which are hereby confessed and acknowledged, a nonexclusive
Perpetual easement for the installation and maintenance of water line and
water line appurtenances in, on, across or under the following described
real property, belonging to the Grantor, located 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.
This Grant of Easement is hereby made pursuant to and in accordance with
the provisions of Division 2 of Article IV of Chapter 2-, of the Code of
the City of Fort Collins, Colorado.
Dated this27tNay of February, 1991.
CITY OF FORT COLLINS, COLORADO
a municipal corporation,
BY:
Mayor
ATTEST:
.;w
C^itPIerk �—
e
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this27th day
of February, by SUSAN E. KIRKPATRICK, as Mayor of the City of Fort
Collins, and Wan& M. Krajicek City Clerk of the City of Fort
Collins.
Witness my hand and officia77 seal,
My Commission Expires:
Notary
APPROVED AS TO FORM:
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DESCRIPTION FOR PRPA ACCESS EASEMENT
An access easement on, over and across ncrl_:ions of ::rnc'.. S of
Southridge Greens P.U.D. Phase 1 located n the NorttW..t per
of Section 7, Township 6 North Range 63 West, of the Oth ? M . _ OL
Larimer County, Colorado, being more partu_cvlarly doocribc'. as
follows:
That nort.ion of an easement 15.0 feet in width located on the
subjeK parcel with foreshortened aIld prolonged sidsl_inas to :..2et
the property lines of the parcel and shall be 7.5 fe-t each side
measured at right angles and parallel with the centers- ije,-,,
as follows:
nr n
Considering the West line f_ the said Northwest Quart:,- Of Sc-c',cri
7 as bearing North 00'02'43" East and with a'_.lbearLn3s containea
herein relative thereto:
Commencing at the Northwest corner of said Section 7: thence along
the North line of said Northwest Quarter, North 89'34123" East,
2.245.38 Feet; thence South 00'02143" West, 448.77 feet to the
boundary of "SouthRidge Greens P.U.D. - Phase I" as recorded in
Book 2235 Pago 1230, Larimer County Records; thence along said
boundary, South 35' 00' 00" East, 44.38 feat to -h , PO7 NT 0
;ECINNTNG of said centerline; thence along said C,>i1to l na, nth
_. 61*56126" st, 203.3' feet to the Westerly right -of-, y o f_._on
Ua r AK Railroad, ,al_d point being the t2rmjqun of _ said Cnn.prliny.
T'he abov- described casement contains 3325 gnuarn Orwn, morn cr
l` I_:. VUbjeCt to all easements and
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RCPTN # 97082519 12/1 '97 15:33:00 # PAGES - 5 FEE - $26.00
M RODENBERGER RECORDER, „ARIMER COUNTY CO STATE . C FEE - $.00
GRANT OF EASEMENT
#1
THIS GRANT OF EASEMENT is made and entered into this 1" day of
December, 1997, by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation ("the Grantor"), 300 LaPorte Avenue, Fort Collins, CO 80521,
and SOUTH FORT COLLINS SANITATION DISTRICT, a Political Subdivision of the
State of Colorado, ("the Grantee"), 4700 South College Avenue, Fort Collins, CO 80525.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00), the provisions hereof, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantor has this date granted, bargained, conveyed, delivered,
transferred, and sold, and by these presents does grant, bargain, convey, deliver, transfer
and sell_ unto the Grantee and its successors and assigns a nonexclusive, perpetual
easement for the installation, construction, maintenance, inspection, operation,
replacement and removal of a sanitary sewer line for the collection and service of sanitary
sewer and wastewater, and all underground appurtenances thereto, upon. under and across
the property. more particularly described on Exhibit "A". which is attached hereto and
incorporated herein by this reference ("the Easement"). Such sanitary sewer line and
appurtenances shall be installed substantially in accordance with the plans and
specifications set forth in JR Engineering Ltd's Parcel A Outfall Sewer Project No.
9018.12 dated October 28. 1997. consisting of seven pages, a copy of which is on file in
the offices of Grantor and Grantee.
The parties hereto acknowledge that said easement and right-of-way (the
Easement') is located on a parcel of property owned by Grantor known as the
SouthRidge Goif Course located in the NE '/, of Section 1'-. T6N, R69 West of the 6"
P.M.. Larimer County. Colorado, hereinafter referred to as the Grantor Property.
The Grantee shall have the right to construct, operate. repair, replace,
inspect, remove and maintain a sewer line and appurtenances ("the Improvements")
within the Easement. The Grantee shall notify the SouthRidee Golf Course
Superintendent prior to performing maintenance. repair. replacement, removal or other
work on or within the Easement. Notwithstanding the foregoing, in cases of emer2encv
repair. the Grantee shall notity the Grantor as soon as reasonably practical.
.after completion of the initial installation of the sewer line. the Grantee
shall not install anv above -=round fixtures or appurtenances without the prior written
consent of Grantor, which consent shall not be unreasonably withheld by Grantor if the
proposed surface use does not unreasonably interfere with Grantors intended use of the
surface area in question.
HASLER, FONFARA AND MAXWELL
125 SOUTH HOWES. 6TH FLOOR
POST OFFICE BOX 2267
FORT COLLINS, CO 80522
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4. The Grantee shall have the right ingress and egress to and from the
Easement by means of existing roads or paths (whether public or private) located on the
Grantor's property, if any, or in the absence of such roads, by such other routes as the
Grantor and Grantee shall agree, taking into consideration the minimization of damage to
the Grantor's property.
5. The Grantor reserves the right to use the Easement areas for purposes that
will not unreasonably interfere with the Grantee's full enjoyment of the rights granted
herein. Grantor agrees not to install, plant, or maintain any permanent trees, shrubs or
permanent structures over the Easement Area, but Grantor may install or utilize a
temporary structure such as tee markers, signs, or cart paths over the Easement Area.
6. The Grantee shall maintain its improvements within the Easement in an
entirely secure, safe and sanitary condition. The Grantee shall repair the improvements
within the Easement to ensure the Improvements do not cause damage to persons or
property and shall restore the Easement Area to the pre -repair condition following
completion of the initial installation of Improvements in the Easement.
7. Following completion of the initial installation of the Improvements in the
Easement, the Grantee agrees, to the extent provided by law. to indemnify the Grantor, its
officers, agents, employees, representatives, successors and assigns from all claims and
liability arising thereafter, including Grantor's reasonable attorneys' fees and costs, for
claims made by third persons resulting from or arising out of the Grantee's use of the
Easement, including the construction. installation. operation, repair, maintenance or
removal of Improvements within the Easement.
8. Should the Grantee permanently discontinue maintaining and using the
Improvements within the Easement, such Improvements shall be abandoned, and the
Grantee shall, at its own expense, remove the surface Improvements from the Easement
unless the Grantor agrees, in writinu, to allow the Grantee to abandon such Improvements
in place. In the event the Improvements are removed from the Easement area. the
Grantee shall restore the Easement area. at its sole cost to a condition equal to its
condition just prior to the Grantees work within the easement.
o. This Agreement, and all the terms and conditions thereof, shall extend to
and he binding upon the successors and assigns of the parties. The Grantee shall not
assign its rights under this _Agreement without the prior written consent of the Grantor
except in the event of Grantees assignment to another governmental or quasi-
,_!overnmental entity which shail not require Grantors consent.
i 0. The Grnmec ^urees to record -his A�,reement. at its own expense. %pith the
Clerk and 'Recorder of Larimer Countv. Colorado, and to turnish evidence of such
recording to the Grantor. This Agreement shall be recorded before any work is
commenced by the Grantee within the Easement.
2
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
APPROVED AS TO FORM
Assistant City Attorne7=��
33:7�`►1C�1:�
THE CITY OF FORT COLLINS, COLORADO
GRANTEE:
SOUTH FORT COLLINS SANITATION
DISTRICT, a Political Subdivision of the State of
Colorado
By:
io, General Manager
STATE OF COLORADO. ) SEAL
ss.
COUNTY OF LARIMER.
10, unF�'"`
.,__,The foregoing instrument was acknowledged before me this day of
Naventiy.r. 1997. by Mike DiTullio, General Manager of South Fort Collins Sanitation
District.
Witness my hand and official seal.
My
1B@I L WEST iL
Co. :: Notary Public
o �oQQ
3
Illy Comm Expires L�o ����
1� _T Engineering, Ltr' EXHIBIT q
•\ V R 2620 East Prospect Rd. Suite 190
Fort Collins, Colorado 80525
(970) 491-9888 • FAX (970) 491-9984
www.ireng.com
LEGAL DESCRIPTION 91
SOUTH FORT COLLINS SANITATION DISTRICT EASEMENT
A 50.00 FOOT WIDE SANITARY SEWER EASEMENT OVER AND ACROSS A PORTION OF THE
NORTHWEST ONE -QUARTER OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.,
COUNTY OF LARIMER, STATE OF COLORADO, BEING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS' THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, BEING
MONUMENTED AT THE SOUTHEAST CORNER BY A 3 1/4" ALUMINUM CAP, LS 12374, IN A RANGE
BOX AND AT THE NORTHEAST CORNER BY A 3 I/4" ALUMINUM CAP, LS 20123, IN A RANGE BOX
WITH A BEARING BETWEEN ASSUMED TO BEAR S00°03'43"W.
BEGINNING AT A POINT WHICH BEARS N73°22'14"E A DISTANCE OF 1155.85 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 12; THENCE ALONG SAID CENTERLINE OF SAID 50.00 FOOT
EASEMENT N80006'4I"W A DISTANCE OF 236.66 FEET; THENCE N16050'14"W A DISTANCE OF 102.68
FEET, THENCE N66033'27"W A DISTANCE OF 121.51 FEET; THENCE N12°26'06"W A DISTANCE OF
129.11 FEET; THENCE N45032'56"W A DISTANCE OF 210.85 FEET; THENCE N57°36'45"W A DISTANCE
OF 363.77 FEET; THENCE NI4038'30"W A DISTANCE OF 350.32 FEET; THENCE N76006'1 I"W A
DISTANCE OF 110.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF LEMAY AVENUE
AND THE POINT OF TERMINUS, FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 12
BEARS NO2°14'31 "W A DISTANCE OF 1243.86 FEET, THE SIDE LINES OF SAID 50.00 FOOT EASEMENT
TO BE EXTENDED OR SHORTENED TO END ON THE EASTERLY LINE OF SAID LEMAY AVENUE.
CONTAINING .A CALCULATED AREA OF 81,288 SQUARE FEET OR 1.866 ACRES, MORE OR LESS.
LEGAL DESCRIPTION STATEMENT
L RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME OR UTIDISRFC'T
SUPERVISION. AND ON THE BASIS OF MY
AND BkIEF. IS CORRFCT�
W. PALS. REGISTERED LAND SURVE
DO NO.: 1933
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FOR AND ON BEHALF OF JR ENGINEERING, :_TD. J �NgI LpNO�
X 9,901912'WPDOCSV12ESNITI LCL
4935 ,Nurth 30th Street 0020 Greemvood Plaza Blvd- '04 Fumno Blvd. kVe,t
Culurado Spnn,ge, Coluradu 80919 Englewood, Colorado&) I I I Pueblo. Colurado S 1008
171-1 i91-1393 • FAX (' 19) 'S -an 1 i (3131711-93 ', • FAX (303) 71-1- 1119
(, f9)513-';-5 •FAX L7I91 iN ;sl;u
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RCPTN # 9708252012/10/9 15:33:00
# PAGES
- FEE -
$26.00
M RODENBERGER RECORDER, LARIMER COUNTY
CO STATE
DOC FEE -
$.00
GRANT OF EASEMENT
#3
THIS GRANT OF EASEMENT is made and entered into this 1" day of
December, 1997, by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation ("the Grantor"), 300 LaPorte Avenue, Fort Collins, CO 80521,
and SOUTH FORT COLLINS SANITATION DISTRICT, a Political Subdivision of the
State of Colorado, ("the Grantee"). 4700 South College Avenue, Fort Collins, CO 80525.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00), the provisions hereof, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Grantor has this date granted, bargained, conveyed, delivered,
transferred, and sold, and by these presents does grant, bargain, convey, deliver, transfer
and sell, unto the Grantee and its successors and assigns a nonexclusive, perpetual
easement for the installation, construction, maintenance, inspection, operation,
replacement and removal of a sanitary sewer line for the collection and service of sanitary
sewer and wastewater, and all underground appurtenances thereto, upon. under and across
the property, more particularly described on Exhibit "A", which is attached hereto and
incorporated herein by this reference ("the Easement"). Such sanitary sewer line and
appurtenances shall be installed substantially in accordance with the plans and
specifications set forth in JR Engineering Ltd's Parcel A Outfall Sewer Project No.
9018.12 dated October 28, 1997, consisting of seven pages, a copy of which is on file in
the offices of Grantor and Grantee.
The parties hereto acknowledge that said casement and right-of-way (the
Easement') is located on a parcel of property, owned by Grantor known as the
SouthRidge Golf Course located in the NE '/4 of Section 12. T6N. R69 West of the 6t'
P.M.. Larimer County. Colorado_ hereinafter referred to as the Grantor Property.
2. The Grantee shall have the right to construct. operate, repair, replace.
inspect. remove and maintain a sewer line and appurtenances ("the Improvements")
within the Easement. 1 he Grantee shall notify the SouthRidge Golf Course
Superintendent prior to pertorming maintenance, repain replacement. removal or other
work on or within the Fasement. Notwithstanding the toreaomL,, in cases of emergency
repair. the Grantee shall notity the Grantor as soon as reasonably practical.
_. .after compietion of the initial installation of the sewer line, the Grantee
shall not install any above around (fixtures or aonurtenanccs without the prior written
,:onsent of Grantor, whicn consent shad not be unreasonably withheld by Grantor if the
proposed surface use does not unreasonably interfere with Grantor's intended use of the
surface area in question.
HASLER. FONFARA AND MAXtRELL,/
125 SOUTH HOWES, 6TH FLOOR
POST OFFICE BOX 2267
FORT COLLINS, CO 80522
I
4. The Grantee shall have the right ingress and egress to and from the
Easement by means of existing roads or paths (whether public or private) located on the
Grantors property, if any, or in the absence of such roads, by such other routes as the
Grantor and Grantee shall agree, taking into consideration the minimization of damage to
the Grantor's property.
5. The Grantor reserves the right to use the Easement areas for purposes that
will not unreasonably interfere with the Grantee's full enjoyment of the rights granted
herein. Grantor agrees not to install, plant, or maintain any permanent trees, shrubs or
permanent structures over the Easement Area, but Grantor may install or utilize a
temporary structure such as tee markers, signs, or cart paths over the Easement Area.
6. The Grantee shall maintain its improvements within the Easement in an
entirely secure. safe and sanitary condition. The Grantee shall repair the improvements
within the Easement to ensure the Improvements do not cause damage to persons or
property and shall restore the Easement Area to the pre -repair condition following
completion of the initial installation of Improvements in the Easement.
7. Following completion of the initial installation of the Improvements in the
Easement. the Grantee agrees, to the extent provided by law, to indemnify the Grantor, its
officers, agents, employees, representatives, successors and assigns from all claims and
liability arising thereafter. including Grantor's reasonable attorneys' fees and costs, for
claims made by third persons resulting from or arising out of the Grantee's use of the
Easement, including the construction, installation, operation, repair. maintenance or
removal of Improvements within the Easement.
S. Should the Grantee permanently discontinue maintaining and using the
Improvements within the Easement, such Improvements shall be abandoned, and the
Grantee shall, at its own expense. remove the surface Improvements from the Easement
unless the Grantor agrees, in writing, to allow the Grantee to abandon such Improvements
in place. In the event the Improvements are removed from the Easement area, the
Grantee shall restore the Easement area. at its sole cost to a condition eoual to its
condition just prior to the Grantees work within the easement.
9. This Agreement, and all the terms and conditions thereof, shall extend to
and be binding upon the successors and assigns of the parties. The Grantee shall not
assign its rights under this Agreement without the ,prior written consent of the Grantor
except in the event of Grantees assignment to another governmental or quasi-
,ovemmental entity which shall not require Grantor's consent.
10. The Grantee agrees to record this .-Aereement. at its own expense, with the
(-':cnc anu iZecorder I arimer County, v_oioraao, ano to furnish evidence of such
recordin,, to the Grantor. Chis Agreement shall be recorded before ariv work is
commenced by the Grantee within the Easement.
2
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
By
..'ATTEST:
City Clerk
APPROVED AS TO FORM
Assistant City Attorney —
Qnl,,�u
Cit Manager
GRANTEE:
SOUTH FORT COLLINS SANITATION
DISTRICT, a Political Subdivision of the State of
Colorado
By:
General Manager
u
STATE OF COLOR -ADO, ) SEAL
> ss.
COUNTY OF LARIMER, )
— The foregoing instrument was acknowledged before me this
Nttytmber. 1997, by Mike DiTullio, General Manager of South Fort Collins Sanitation
District.
Witness my hand and official seal.
My
Notary Public
My Corm. Expires
EXHIBIT A
(Sheet 1 of 1)
Easement A Description (Utility Easement):
A tract of land located in the Northwest One -Quarter of Section 7,
Township 6 North, Range 68 West of the nth P.M. of Larimer County,
Colorado, being more particularly described as follows:
Considering the West line of said Northwest One -Quarter of Section 7 as
bearing North 00' 02'43" East and with all bearings contained herein
relative thereto:
Commencing at a point an the North line of said Section 7, from which the
Northwest Corner of said Section 7 bears South 89"34'23" West a distance
of 2,245.38 feet; thence South 00°02'43" West a distance of 448.77 feet to
a point on the boundary of "Southridge Greens P.U.D. Phase I", a
subdivision recorded in the official records of Larimer County, Colorado
in Book 2235 at Page 1230, said point also being the northeasternmoet
point on the boundary of "Greenridge at Southridge Greens P.U.D."
("Greenridge"), a subdivision recorded in the official records of Larimer
County, Colorado in Book 2280 at Page 1482; thence continuing westerly
along the northernmost boundary of "Greenridge" South 55'00'00" West a
distance of 54.00 feet to a point an the boundary of said "Southridge
Greens P.U.D. Phase I", thence continuing along said boundary of
"Greenridge" South 35°00'00" East a distance of 35.00 feet; thence leaving
said boundary of "Greenridge" and continuing the following three (3)
courses and distances:
1.) South 08°38'05" West a distance of 43.48 feet;
2.) North 74°13'05" West a distance of 73.66 feet;
_1.) North 55°01'51" West a distance of 10.00 feet to a point on said
boundary of "Southridge Greens P.U.D. Phase I", -
thence continuing along said boundary of "Southridge Greens P.U.D. Phase
I" North 55°01'51" West a distance of 460.60 feet; thence leaving said
boundary of "Southridge Greens P.U.D. Phase I" and continuing South 76'
10'45" West a distance of 147.67 feet to a point on said boundary of
"Southridge Greens P.U.D. Phase I"; Thence continuing along said boundary
of "Southridge Greens P.U.D. Phase I" South 07040'52" West a distance of
220.00 feet; Thence leaving said boundary of "Southridge Greens P.U.D.
Phase I" and continuing the following two (2) courses and distances:
1.)South 13031'24" West a distance of 256.91 feet;
2.)South 37° 19'52" West a distance of 20.00 feet to the TRUE POINT OF
BEGINNING (T.P.O.B.) of this description;
Thence continuing South 37°19'52" West a distance of 188.13 feet to a
point on a line of a 20' wide utility easement dedicated with the plat of
"Southridge Greens P.U.D. Phase I", recorded in the official records of
Larimer County, Colorado in Book 2235 at Page 1230; thence continuing
along westerly easement line of said 20' wide utility easement South 510
28'45" West a distance of 10.16 feet, thence continuing northwesterly
along the northerly line of said 20' easement North 48' 49'07" West a
distance of 17.57 feet; thence leaving said northerly line of said 20'
easement and continuing North 37° 19'52" East a distance of 196.85 feet;
thence South 52' 40'08" East a distance of 20.00 feet to the TRUE POINT OF
BEGINNING (T.P.O.B.) of this description; containing 3939.20 square feet
(0.090 acres) more or less.
JREngineering, LtC
2620 East Prospect Rd. Suite 190
Fort Collins, Colorado 80525
(970) 491-9888 • FAX (970) 491-9984
www.jreng.com
EXHIHITA
LEGAL DESCRIPTION ##3
SOUTH FORT COLLINS SANITATION DISTRICT
A 50.00 FOOT WIDE SANITARY SEWER EASEMENT OVER AND ACROSS A PORTION OF THE
NORTHEAST ONE -QUARTER OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH
P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, BEING
MONUMENTED AT THE SOUTHEAST CORNER BY A 3 1/4" ALUMINUM CAP, LS 12374, IN A RANGE
BOX AND AT THE NORTHEAST CORNER BY A 3 1/4" ALUMINUM CAP, LS 20123, IN A RANGE BOX
WITH A BEARING BETWEEN ASSUMED TO BEAR S00°03'43"W.
BEGINNING AT A POINT WHICH BEARS NO2-02'46"W A DISTANCE OF 1359.17 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 12; SAID POINT ALSO BEING ON THE WEST RIGHT-OF-WAY
LINE OF LEMAY AVENUE; THENCE ALONG SAID CENTERLINE OF SAID 50.00 FOOT EASEMENT
N90°00'00"W A DISTANCE OF 53.80 FEET, THENCE N00°00'00"E A DISTANCE OF 222.94 FEET; THENCE
N00°00'40"E A DISTANCE OF 355.20 FEET TO A POINT ON THE NORTHEASTERLY LINE OF FOSSIL
CREEK COMMUNITY PARK AND THE POINT OF TER-MMS, FROM WHENCE THE NORTHEAST
CORNER OF SAID SECTION 12 BEARS N09003'48"E A DISTANCE OF 666.99 FEET, THE SIDE LINES OF
SAID 50.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON SAID WEST RIGHT-
OF-WAY LINE OF LE%LAY AVENUE .AND END ON THE NORTHEASTERLY LINE OF SAID FOSSIL
CREEK COMMUNITY PARK.
CONTAINING A CALCULATED AREA OF 31,597 SQUARE FEET OR 0.725 ACRES, MORE OR LESS.
LEGAL DESCRIPTION STATEMENT
1, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLOR ADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME O f7ZMY DIRECT
SUPERVISION, AND ON THE BASIS OF MY KN 1 TION
ATPB�E3EL[EF, IS CORRECT. G2 , �'� F9
q �; •�WALIF•• Fo
31938 9�
RICHARD W. PALS, REGISTERED LAND SUAV op, :
COL6RADONO-31935
FOR AND ON BEHALF OF JR ENGINEERING. L P"ONaL LrNG
X:A9018I 2`, W PDOCSI I=ESP1T7. LGL
—,, .nnre' 6020 Greenwood Plata Blvd. 704 Fortino Blvd. West
Culoradu Springs, Colorado S(P319 Englewood, Colorado 80111 (710) 01
Purblo. Colorado R1011�4 �?593 - FAX L7191,,¢_hnl3 (;113) NO-9,93 •FAX I3(13) 721 9U79 blo,
C191 583-_3n FAX (710) 383-1119
NOVEBPIER 4, 1997 GOLF COURSE PROJECT
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RCPPN # 97082521 12/10/9, 15:33:00 # PAGES — l FEE — $31.00
M RODENBERGER RECORDER LARIMER COUNTY CO STATE DOC FEE — $.00
GRANT OF EASEMENT
#7
THIS GRANT OF EASEMENT is made and entered into this 1" day of
December, 1997, by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation ("the Grantor"), 300 LaPorte Avenue, Fort Collins, CO 80521,
and SOUTH FORT COLLINS SANITATION DISTRICT, a Political Subdivision of the
State of Colorado, ("the Grantee"), 4700 South College Avenue, Fort Collins, CO 80525.
WITNESSETH:
1. In consideration of Ten Dollars ($10.00), the provisions hereof, and other
good and valuable consideration. the receipt and sufficiency of which are hereby
acknowledged. the Grantor has this date granted, bargained, conveyed, delivered,
transferred. and sold, and by these presents does grant, bargain, convey, deliver, transfer
and sell, unto the Grantee and its successors and assigns a nonexclusive, perpetual
easement for the installation, construction, maintenance, inspection, operation,
replacement and removal of a sanitary sewer line for the collection and service of sanitary
sewer and wastewater, and all underground appurtenances thereto. upon, under and across
the property, more particularly described on Exhibit '`A which is attached hereto and
incorporated herein by this reference ("the Easement"). Such sanitary sewer line and
appurtenances shall be installed substantially in accordance with the plans and
specifications set forth in JR Engineering Ltd's Parcel A Outfall Sewer Project No.
9018.12 dated October 28. 1997. consisting of seven pages. a copy of which is on file in
the offices of Grantor and Grantee.
The parties hereto acknowledge that said easement and right-of-way (the
Easement") is located on a parcel of property owned by Grantor known as the
SouthRidge Golf Course located in the NE 'G of Section 12. T6N. R69 West of the 0
P.M.. Larimer County. Colorado, hereinafter referred to as the Grantor Property.
2. The Grantee shall have the right to construct, operate, repair, replace,
inspect. remove and maintain a sewer line and appurtenances ("the Improvements")
within the Easement. The Grantee shall notify the SouthRidge Golf Course
Superintendent prior to performing maintenance. repair. replacement, removal or other
%%ork on or within the Easement. Notwithstanding the toregoing, in cases of emergency
repair. the Grantee shall notify the Grantor as soon as reasonably practical.
�. After completion of the initial installation of the sewer line, the Grantee
shall not install anv above _round fixtures or appurtenances without the prior written
consent of Grantor, winch consent snail not be unreasonabty withheld by Grantor if the
proposed surtace use does not unreasonably interfere with Grantors intended use of the
surface area in question.
HASLER, FONFARA AND MAXWELL
125 sou rH HOWES, 6TH FLOOR
POST OFFICE BOX 2267
FORT COLLINS, CO 80522
4. The Grantee shall have the right ingress and egress to and from the
Easement by means of existing roads or paths (whether public or private) located on the
Grantor's property, if any, or in the absence of such roads, by such other routes as the
Grantor and Grantee shall agree, taking into consideration the minimization of damage to
the Grantor's property.
5. The Grantor reserves the right to use the Easement areas for purposes that
will not unreasonably interfere with the Grantee's full enjoyment of the rights granted
herein. Grantor agrees not to install, plant, or maintain any permanent trees, shrubs or
permanent structures over the Easement Area, but Grantor may install or utilize a
temporary structure such as tee markers, signs, or cart paths over the Easement Area.
6. The Grantee shall maintain its improvements within the Easement in an
entirely secure, safe and sanitary condition. The Grantee shall repair the improvements
within the Easement to ensure the Improvements do not cause damage to persons or
property and shall restore the Easement Area to the pre -repair condition following
completion of the initial installation of Improvements in the Easement.
7. Following completion of the initial installation of the Improvements in the
Easement. the Grantee agrees, to the extent provided by law. to indemnify the Grantor, its
officers, agents, employees, representatives, successors and assigns from all claims and
liability arising thereafter, including Grantor's reasonable attorneys' fees and costs, for
claims made by third persons resulting from or arising out of the Grantee's use of the
Easement, including the construction. installation, operation, repair, maintenance or
removal of Improvements within the Easement.
S. Should the Grantee permanently discontinue maintaining and using the
Improvements within the Easement, such Improvements shall be abandoned, and the
Grantee shall, at its own expense. remove the surface Improvements from the Easement
unless the Grantor agrees. in writing, to allow the Grantee to abandon such Improvements
in place. In the event the Improvements are removed from the Easement area, the
Grantee shall restore the Easement area, at its sole cost to a condition equal to its
condition just prior to the Grantees work within the easement.
9. This Agreement, and ail the terms and conditions thereof. shall extend to
and he hinding upon the successors and assigns of the parties. The Grantee shall not
assign its rights under this Agreement without the prior written consent of the Grantor
except in the event of Grantee's assignment to another governmental or quasi-
goverrimentat entity which shall not require Grantors consent.
10. -lie Grantee agrees to record this Agreement, at its own exnense, with the
Clerk ano i2ecorder of Lanmer Counts. Colorado, and to furnish evidence of such
recordine to the Grantor. This Agreement shall be recorded before any work is
commenced by the Grantee within the Easement.
2
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
By: I I. -lvct'
Cit Manager
GRANTEE:
SOUTH FORT COLLINS SANITATION
DISTRICT, a Political Subdivision of the State of
Colorado
C
STATE OF COLORADO, )
ss.
COUNTY OF LARIMER, )
.,,.The foregoing instrument was acknowledged before me this /Sr` day of
Navdiabe 1997, by Mike DiTullio. General Man
ager of South Fort Collins Sanitation
District.
Witness my hand and official seal.
�4
IN
HELEN L WEST
Notary Public
MyCorr.:n. Expires X" 30 .hoc/ 3
JREngineering, Ltd.
2620 East Prospect Rd. Suite 190
Fort Collins, Colorado 80525
(970) 491-9888 • FAX (970) 491-9994
www.jreng.com
LANIbII A
LEGAL DESCRIPTION #7
SOUTH FORT COLLINS SANITATION DISTRICT
A 40.00 FOOT WIDE SANITARY SEWER EASEMENT OVER AND ACROSS A PORTION OF THE
NORTHEAST ONE -QUARTER OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH
P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING 20.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, BEING
MONUMENTED AT THE SOUTHEAST CORNER BY A 3 1 /4" ALUMINUM CAP, LS 12374, IN A RANGE
BOX AND AT THE NORTHEAST CORNER BY A 3 I/4" ALUMINUM CAP, LS 20123, IN A RANGE BOX
WITH A BEARING BETWEEN ASSUMED TO BEAR S00003'43"W.
BEGINNING AT A POINT WHICH BEARS N23°31'54"W A DISTANCE OF 2790.47 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 12; SAID POINT ALSO BEING ON THE NORTHEASTERLY
LINE OF FOSSIL CREEK COMMUNITY PARK; THENCE ALONG SAID CENTERLINE OF SAID 40.00
FOOT EASEMENT N69015'34"W A DISTANCE OF 56.87 FEET TO A POINT "A"; THENCE N89°0925"W A
DISTANCE OF 435.44 FEET TO A POINT ON THE WESTERLY LINE OF SAID FOSSIL CREEK
COMMUNITY PARK AND THE POINT OF TERMINUS, FROM WHENCE THE NORTHEAST CORNER OF
SAID SECTION 12 BEARS N89038'16"E A DISTANCE OF 1605.54 FEET, THE SIDE LINES OF SAID 40.00
FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON THE NORTHEASTERLY LINE OF
SAID FOSSIL CREEK COMMUNITY PARK AND TO END ON THE WESTERLY LINE OF SAID FOSSIL
CREEK COMMUNITY PARK;
TOGETHER WITH, A 40.00 FOOT WIDE SANITARY SEWER EASEMENT OVER AND ACROSS A
PORTION OF THE NORTHEAST ONE -QUARTER OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69
W EST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING 20.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT SAID POINT "A"; THENCE N00"00'00"W A DISTANCE OF 34.93 FEET TO A POINT ON
THE NORTH LINE OF SAID SECTION 12 AND THE POINT OF TERMINUS, FROM WHENCE THE
NORTHEAST CORNER OF SAID SECTION 12 BEARS S89006'02"E A DISTANCE OF 1170.25 FEET, THE
SIDE LINES OF SAID 40.00 FOOT EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE
NORTH LINE OF SAID SECTION 12.
CONTAINING A CALCULATED AREA OF:0,088 SQUARE FEET OR 0.461 ACRES, MORE OR LESS.
4935 North 30th Street 6020 Greenwood Plaza Blvd. 704 Fortino Blvd. West
Colorado Spnngs, Colorado 80919 Englewood, Colorado 80111 Pueblo, Colorado 81008
(719) 593-2593 • FAX (719) 528fi613 (303) 740-9393 • FAX (303) 721-9019 (719)583-2575 • FAX (719) 583-8119
NOVEMBUR 4, 1997 GOLF COURSE PROJECT
I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED DRAWING WERE PREPARED BY ME OR DIRECT
SUPERVISION, AND ON THE BASIS OF MY KNO 6�Q �} TION
*NB-B£LIEF, IS CORRECT` O� r� vJgi r•.TFN_
I
RICHA?.D W. PALS, REGISTERED LAND SURV Y�jZ
COLORADO NO. 31938 JSi '•••.••'
FOR AND ON BEHALF OF JR ENGINEERING, LTD. DIAL LAND
X:\901812\WPDOCS\12ESfvM.LGL
NOVEMBER 4, 1997 GOLF COURSE PROJECT
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RCPTN # 91007823 02/27/91 16:01.:00 # PAGES - 2 FEE -
M RODENBERGF.R RFCOR r,ARIMFR CO[INTY CO STA DOC FEE -
GRANT OF EASEMENT
$10,00
$.00
The City of Fort Collins, Colorado, a municipal corporation, whose mailing
address is P.O. Box SOO, Fort Collins, Colorado 80522 (hereinafter "the
Grantor"), does hereby grant and convey to the Fort Collins -Loveland Water
District, whose mailing address is 4700 South College Avenue, Fort
Collins, Colorado 80525 (hereinafter "the Grantee"), for valuable
consideration received by the Grantor from the Grantee, the receipt and
adequacy of which are hereby confessed and acknowledged, a nonexclusive
perpetual easement for the installation and maintenance of water line and
water line appurtenances in, on, across or under the following described
real property, belonging to the Grantor, located in the County of Larimer,
State of Colorado, being described more fully on Exhibit "B" attached
hereto and by this reference made a part hereof.
This Grant of Easement is hereby made pursuant to and in accordance with
the provisions of Division 2 of Article IV of Chapter 23 of the Code of
the City of Fort Collins, Colorado.
Dated this.27t1jay ofFebruary , 1991.
e
'ATTEST: a.
City Clerk
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
CITY OF FORT COLLINS, COLORADO
a municip 1 corporation„
By'
r1dyur
The foregoing instrument was acknowledged before me this 27th day
of February, by SUSAN E. KIRKPATRICK, as Mayor of the City of Fort
Collins, and Wanda M. Krajicek City Clerk of the City of Fort
Collins.
Witness my hand and official seal.
My Commission Expires: J
/L ,�4
Notary
APPROVED AS TO FORM:
Ass 'gtant City Attorney
SOUTH RIDGE GREENS BL
w
or
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
EXHIBIT B
(Sheet 1 of 1)
Easement B Description (Utility Easement):
A tract of land located in the Northwest One -Quarter of Section 7,
Township 6 North, Range 68 West of the 6th P.N. of Larimer County,
Colorado, being more particularly described as follows:
Considering the West line of said Northwest One -Quarter of Section 7 as
bearing North 00° 02'43" East and with all bearings contained herein
relative thereto:
Commencing at a point on the North line of said Section 7, from which the
Northwest Corner of said Section 7 bears South 89°34'23" West a distance
of 2,24S.38 feet, thence South 00°02'43" West a distance of 448.77 feet to
a point on the boundary of "Southridge Greens P.U.D. Phase I", a
subdivision recorded in the official records of Larimer County, Colorado
in Book 2235 at Page 1230, said point also being the northeasternmost
point on the boundary of "Greenridge at Southridge Greens P.U.D."
("Greenridge"), a subdivision recorded in the official records of Larimer
County, Colorado in Book 2280 at Page 1482; thence continuing westerly
along the northernmost boundary of "Greenridge" South 55°00'00" West a
distance of 54.00 feet to a point on the boundary of said "Southridge
Greens P.U.D. Phase I", thence continuing along said boundary of
"Greenridge" South 35°00'00" East a distance of 35.00 feet; thence leaving
said boundary of "Greenridge" and continuing the following three (3)
courses and distances:
1.) South 08' 38'05" West a distance of 43.48 feet;
2.) North 74°13'05" West a distance of 73.66 feet;
3.) North 55°01'S1" West a distance of 10.00 feet to a point on said
boundary of "Southridge Greens P.U.D. Phase I";
thence continuing along said boundary of "Southridge Greens P.U.D. Phase
I" North 55°01'51" West a distance of 460.60 feet; thence leaving said
boundary of "Southridge Greens P.U.D. Phase I" and continuing South 76'
10'45" West a distance of 147.67 feet to a point on said boundary of
"Southridge Greens P.U.D. Phase I", Thence continuing along said boundary
of "Southridge Greens P.U.D. Phase I" South 07°40'52" West a distance of
220.00 feet; Thence leaving said boundary of "Southridge Greens P.U.D.
Phase I" and continuing the following four (4) courses and distances:
1.)South 13'31'24" West a distance of 256.91 feet;
2.)South 37019'52" West a distance of 208.18 feet;
3.)South 46°07"6" West a distance of S3.60 feet;
4.)South 26"�:7'03" East a distance of 15.33 feet to the TRUE POINT OF
BEGINNING (T.P.O.B.) of this description;
Thence South 26' 37'03" East a distance of 1S8.62 feet; thence South 87"
07'03" East a distance of 238.72 feet to a point on the westerly line of a
20' wide utility easement dedicated with the plat of "Southridge Greens
P.U.D. Phase I", recorded in the official records of Larimer County,
Colorado in Book 2225 at Page 1230; thence continuing southeasterly along
the westerly line of said 20' easement South 3rS9'34" East a distance of
24.38 feet; thence leaving said westerly line of said 20' easement and
continuing North 87°07'03" West a distance of 264.31 feet; thence North 26°
37'03" West a distance of 152.34 feet; thence South W 09'19" West a
distance of 23.34 feet; thence North 51°29'4S" East a distance of 42.59
feet to the TRUE POINT OF BEGINNING (T.P.O.B.) of this description;
containing 8,419.S9 square feet (0.193 acres) more or less.
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RCPTN # 91007180 02/22/91 11:41:00 # PAGES - 4 FEE - $20.00
M RODFNRFRGER RFCORDER, LARIMER COUNTY CO STATE. DOC FEE - $.00
GRANT OF ACCESS EASEMENT
The City of Fort Collins, Colorado, a municipal corporation,
whose mailing address is P.O. Box 580, Fort Collins, Colorado 80522
(hereinafter "the Grantor"), does hereby grant and convey to Platte
River Power Authority, a political subdivision of the State of
Colorado, whose mailing address is Timberline and Horsetooth Roads,
Fort Collins, Colorado 80525 (hereinafter "the Grantee"), for
valuable consideration received by the Grantor from the Grantee,
the receipt and adequacy of which are hereby confessed and
acknowledged, a non-exclusive right-of-way for access on, or across
the following described real property, belonging to the Grantor,
located 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.
This Grant of Access Easement is hereby made pursuant to and
in accordance with the provisions of Division 2 of Article IV of
Chapter 23 of the Code of the City of Fort Collins, Colorado.
Dated this 5th day of February, 1991.
ATTEST:
LI�6
City Clerk
STATE OF COLORADO
ss.
COUNTY OF LARIMER
CITY OF FORT COLLINS, COLORADO
a municipal corporation,
BY:y%"QGl4V �,E2
Mayor J
C
The foregoing instrument was acknowledged before me this 5th day of
February, 1991, by SUSAN E. KIRKPATRICK, as Mayor of the City of
Fort Collins, and WANDA M. KRAJICEK, as City Clerk of the City of
Fort Collins.
Witness my hand and official
My Commission Expires:
Notary
APPROVED AS TO FORM:
Ass stant City Attorney