HomeMy WebLinkAboutGOLDEN MEADOWS THIRD - Filed ED-EASEMENT DEDICATION - 2002-10-22RCPTN # 91015944 04/_ /91 16:04:00 # PAGES • 2 FEE - $10.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, BARBARA J. DUNIHUE, on the 9th day of April, 1991, executed a
certain Grant of Permanent Easement to the City of Fort Collins for the
installation of underground utilities, which easement covers land in Larimer
County, Colorado, described on Exhibit "A" attached.
NOW THEREFORE, HOME FEDERAL SAVINGS BANK, the holders and owners of a
Deed of Trust recorded in the Larimer County, Colorado records, Reception
Number 91005398, for a valuable consideration, the receipt of which is hereby
acknowledged, hereby consents to the terms and provisions of said easement
aforesaid without, however, joining in any of the warranties, guarantees or
indemnities contained therein, and agree that the subject Deed of Trust shall
be subordinate to such easement in the event of foreclosure thereof.
HOME FEDERAL SAVINGS )BANK
By
Harry Kahl/fir
STATE OF COLORADO)
)ss
COUNTY OF LARIMER)
Subscribed and sworn to before me by Harry Kahler as Senior Vice President,
Staff Counsel.
Witness my hand and official seal.
My Commission expired, i�
Notary Public
J ROL N!LP - uw pFFTr-
C�
Page 1 of 2
EXHIBIT "A"
DESCRIPTION OF A UTILITY EASEMENT LOCATED ON THE WARREN LAKE DITCH
PROPERTY
A 15.00 feet wide Utility Easement located in the South Half of
Section 31, Township 7 North, Range 68 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, a portion
of the said Utility Easement is located in the Plat of Golden
Meadows Third Filing, a Plat of Record with the Clerk and Recorder
of the said Larimer County, more particularly described as follows;
Commencing at the southerly most corner of Lot 1, Block 10 of the
said Plat of Golden Meadows Third Filing;
THENCE along the westerly right of way of McMurray Avenue as
shown on the Plat of Golden Meadows Business Park, a plat of record
with the said Clerk and Recorder, South 32 degrees 40 minutes 20
seconds West for a distance of 35.01 feet to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said westerly right of way, South
32 degrees 40 minutes 20 seconds West for a distance of 11.54 feet;
THENCE continuing along the said right of way, along a curve
to the left having a radius of 230.00 feet, a central angle of 00
degrees 51 minutes 41 seconds and an arc length of 3.46 feet, being
subtended by a chord of South 32 degrees 14 minutes 29 seconds West
for a distance of 3.46 feet to the northeastern most corner of Lot
52 of the Plat of A Replat of Tract A, Golden Meadows Fifth Filing,
a plat of record with the said Clerk and Recorder;
THENCE along the northeastern line of the said Lot 52 and
along the southerly line of the 50.00 feet wide right of way for
the Warren Lake Ditch as shown on the said Plat of Golden Meadows
Third Filing, North 58 degrees 21 minutes 51 seconds West for a
distance of 110.26 feet;
THENCE leaving the said southerly line, North 31 degrees 38
minutes 09 seconds East for a distance of 15.00 feet;
THENCE South 58 degrees 21 minutes 51 seconds East for a
distance of 110.50 feet to the point of beginning. Containing 1656
square feet, more or less.
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description and areas are based upon previously
recorded plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497 `",Nn10IIllao
P.O. BOX 580 FORT COLLINS, CO 80522 _\,%N��ECRA/G
17497 c
T..•. ` ' .P..
,�C OF 09�'�.e\'���
Page 2 of 2
EXHIBIT "A"
(� LOCATION SKETCH, EASEMENT DN
THE WARREN LAKE DITCH PRLIPERTY
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LOT 1, BLOCK 10
GOLDEN MEADOWS /--
THIRD FILING
\ \/ 1N� 1W1SY EpsCHF'Ni ��J(v
EXtst P
�P
Se.
c°ls, PROPOSED 15' WIDE -
f f UTILITY EASEMENT `
OAT 3�
H,,, •yf, q qT
NOTE,
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENT£D BOUNDARY SURVEY.
0
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DECEMBER 20, 1993
w�c�.rn
v EXHIBIT "A"
DESCRIPTION OF A PERMANENT UTILITY EASEMENT
A tract of land located in the south one half of Section 31
Township 7 North, Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, also being located
in Lot 10, Block 5 of the Plat of Golden Meadows Third Filing, a
Plat of record with the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
A 8.00 feet wide Permanent Utility Easement being the West 8.00
feet of the above described Lot 10 excepting therefrom the North
15.00 feet thereof,
TOGETHER WITH:
A 15.00 feet wide Permanent Utility Easement being the West 15.00
feet of the North 15.00 feet of the above described Lot 10.
The above described easements contain 875 square feet and are
subject to all easements and rights of ways now existing or of
record.
RCPTN # 91014629 1/10/91 15:56:00
-
# PAS S7..PE
CO
2 FEE -
DOC FEE -
$10.00
$,00
M RODENBERGER RECORDER, LARIMER COUNTY
GRANT OF PERMANENT EASEMENT
BARBARA J. DUNIHUE, the owner of those lands described on
Exhibit "A" attached hereto and incorporated herein by this
reference, for and in consideration of ONE THOUSAND FIVE HUNDRED
FORTY and no/100 Dollars ($1,540.00) and other good and valuable
consideration in hand paid by the Grantee to the Grantor, the
adequacy and receipt of which are hereby acknowledged, does hereby
grant, sell and convey to the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, its successors, assigns, and invitees, the
above mentioned property for the purpose of underground utilities.
As a condition to the granting of these easements, the Grantee
covenants and agrees that landscaping or other improvements shall
be restored to a level comparable with their existing condition.
WITNESS OUR HAND (S) AND SEAL (S) this day of
19`i;
By:��
Barbara e Dunihue, Grantor
STATE OF COLORADO)
)ss
COUNTY
Theforegoing instrument was acknowledged before me this d
day of 19)', by Barbara J. Dunihue as Grantor.
witness my hand and official seal.
My Commission expires:
Notary Public
w
I EXHIBIT "A"
DESCRIPTION OF A PERMANENT UTILITY EASEMENT
A tract of land located in the south one half of Section 31
Township 7 North, Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, also being located
in Lot 10, Block 5 of the Plat of Golden Meadows Third Filing, a
Plat of record with the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
A 8.00 feet wide Permanent Utility Easement being the West 8.00
feet of the above described Lot 10 excepting therefrom the North
15.00 feet thereof,
TOGETHER WITH:
A 15.00 feet wide Permanent Utility Easement being the West 15.00
feet of the North 15.00 feet of the above described Lot 10.
The above described easements contain 675 square feet and are
subject to all easements and rights of ways now existing or of
record.
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RCPTN # 94043422 05/,9/94 13:53:00 # PAGES • 6 FEE - $30.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
AGREEMENT
THIS AGREEMENT made and entered into this 3 it day of
/ 1994, by and between
/ THE CITY OF FORT COLLINS, COLORADO,
VVV a municipal corporation,
hereinafter designated as the "Applicant", and
THE WARREN LAKE RESERVOIR COMPANY,
a Colorado mutual irrigation corporation,
hereinafter designated as "Reservoir Company",
PROJECT:
Installation of an 8 inch water line, buried 5 feet below the
surface, which line will be constructed in a 15 foot wide easement
located in the SZ of Section 31, Township 7 North,Range 68 West of
the 6th P.M., City of Fort Collins, Larimer County, Colorado, as
more particularly shown in Exhibit "A", attached hereto and made a
part hereof as though fully set out herein.
WITNESSETH:
WHEREAS, Reservoir Company is the owner of a reservoir and
irrigation ditch leading therefrom and the right-of-way therefor;
WHEREAS, Applicant desires to obtain an easement and construct
a water line in said easement as detailed in Exhibit "A" attached
hereto and made a part hereof by reference;
WHEREAS, said Exhibit A sets forth all the plans and
specifications and terms of this grant, and shall be in no way
modified or changed by any subsequent or related plans or materials
not included therein; and
WHEREAS, the Reservoir Company is willing to grant to
Applicant this right upon terms and conditions herein expressed;
NOW THEREFORE, in consideration of the premises and the terms
of the within agreement, it is agreed as follows:
1. The Reservoir Company grants unto Applicant an easement
in and along the southerly right-of-way of the Reservoir Company's
existing ditch for the purpose of constructing, installing and
maintaining an 8 inch water line, which line shall be buried 5 feet
below the surface of the ground.
2. Applicant will, upon the completion of the project,
furnish to Reservoir Company an "as built" exhibit further
supplementing in final form the work described in Exhibit A.
3. Applicant has agreed to pay to Reservoir Company an
application fee in the amount of $ 200.00. This is determined to
be a minimum initial payment to cover preliminary expenses, such as
legal work, time and motor vehicles for use by superintendent
and/or directors; review of the application; and other preliminary
matters. In addition thereto, Applicant agrees to pay for such
additional, reasonable and necessary expenses of the Reservoir
Company for legal services and inspection of the works by the
Reservoir Company's President, engineers and superintendent.
4. The construction herein contemplated shall be in strict
accordance with the final set of plans with modifications set forth
in Exhibit "A." Any excavations or changes in the present ditch
shall be backfilled, compacted and stabilized to the entire
satisfaction of the Reservoir Company and as described in said
plans and spillout. Said work shall further be done under the
supervision of the superintendent or other designated agents of the
Reservoir Company.
5. All construction shall be commenced and completed prior
to April 1, 1994, and Applicant agrees said construction shall in
no way interrupt or impede the flow or storage of water.
6. Upon the completion of the project, the Applicant shall
promptly notify the Reservoir Company, and the parties shall
jointly inspect the work at the place of construction. If there
are any deficiencies in the work of the Applicant or any variations
from the plans set forth in Exhibit "A", the Applicant shall
forthwith remedy the same, in so doing, the Applicant shall meet
all reasonable requirements of the Reservoir Company for the
protection of the ditch and surrounding property.
7. The project shall be without cost to the Reservoir
Company, and the Applicant hereby indemnifies and forever holds the
Reservoir Company harmless from liability for damage caused by the
project.
8. It is the intent of this Agreement that Applicant shall
exercise due care in the construction and installation of said
water line. Accordingly, it is hereby recognized by and between
the parties hereto that the Ditch Company is in no way responsible
for any damages caused by such construction.
9. The Reservoir Company shall have full power to operate,
maintain, alter, enlarge or relocate its ditch as if this Agreement
had not been made, and any expenses caused thereby to the Applicant
shall not be chargeable to the Ditch Company.
10. In the event either the Applicant or the Reservoir
Company shall be in default in any of their covenants herein, so as
to require the party not in default to retain counsel to attempt to
2
legal or equitable action against the defaulting party, the
defaulting party agrees to pay all reasonable expenses of said
litigation incurred by the enforcing party, including but not
limited to docket fees, depositions and reasonable attorneys' fees.
11. Prior to the commencement of construction, Applicant
agrees to record, at its expense, a fully executed copy of this
Agreement with the Clerk and Recorder of Larimer County, Colorado,
and furnish such recorded Agreement to the Reservoir Company.
THIS AGREEMENT shall extend to and be binding upon the heirs,
successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove
written.
THE CITY OF FORT COLLINS, COLORADO
ATTEST:
7 1 �
Title
THE WARREN LAKE RESERVOIR COMPANY,
By: fm U, /
Ron[ Ruff, Pre ent
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Th� above and foregoing Agreement was acknowledged bef re me
this /1-da of , 1994, by ;� -
as '�, t t^^,1 and attested to by 1
as 1 C of The City of ort Collins,
Colorado.
WITNESS my hand and official seal.
My Commission Expires
z {Seal'),
o "airy Public
3
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The above and foregoing Agreement was acknowledged before me
this A)"I day of , 1994, by Ron Ruff as President
and attested to by Gene E. F Scher as Secretary of The Warren Lake
Reservoir Company.
WITNESS my hand and official seal.
My Commission Expires: -}�-
{Seal}
Notary Public
4