HomeMy WebLinkAboutNORTHWOOD APARTMENTS - Filed ED-EASEMENT DEDICATION - 2002-10-22RCPTN # 90019872 0 11/90 13:46:59 # PAGEr 5 FEE — $25.00
M RODENBERGER RECORDEiH, LARIMER COUNTY CO STATL DOC FEE — $.00
DEED OF EASEMENT
THIS DEED, made this JULday of 199-a, between NORTHWOOD
INVESTMENT CO. of the County of Sacramento, State of California, GRANTOR,
whose address is 25 Cadillac Drive, Sacramento, California, 95825 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 TEN DOLLARS ($10.00), 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-wav to install, operate, maintain, repair, reconstruct, replace,
improve, inspect and remove, at any time and from time to time storm drainage
facilities, utilities, and wet land areas with the usual services, valves,
connections, and other fixtures and appurtenances, 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 more 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, being described more fully on Exhibit "A" attached
hereto and by this reference made a part hereof 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 structures
constructed hereunder with any other number or type of public
improvements, or 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;
(d) the right to mark the location of said easements by suitable
EXHIBIT "A"
DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT
A temporary construction easement over and across part of the
Northwood Apartments Subdivision located in the Northeast Quarter
of Section 22, Township 7 North, Range 69 West of the 6th Principal
Meridian, City of Fort Collins, Larimer County, Colorado, being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section
22 as bearing South 00°00'00" East and with all bearings contained
herein relative thereto:
Commencing at the Northeast corner of said Section 22; thence,
along said East line, South 00000100" East, 740.50 feet; thence,
North 90000100" West, 50.00 feet to the POINT OF BEGINNING, said
point being on the west right-of-way line of South Shields Street;
thence along said west right-of-way line, South 00000100" East,
64.00 feet; thence, North 4100514111 West, 144.53 feet; thence,
North 00000,00" West, 65.00 feet; thence, South 85050100" East,
75.20 feet; thence, South 00000100" East, 104.46 feet; thence,
South 90000100" East, 20.00 feet to the Point of Beginning.
The above described easement contains 8945 square feet more or less
and is subject to all easements and rights -of -way now on record or
existing. A portion of this easement contains 3324 square feet
more or less dedicated for an existing 10 foot utility easement and
a 20 foot sewerline easement on the Northwood Apartments
Subdivision plat. The net difference between the described and
existing easement is 5621 square feet.
Engineering Consultants
2900 South College Avenue
Fort Collins, Colorado 80525
3031226-4955
100-348
020-101
12/1/92
revised 12/10/92
Sheet 2 of 3
EXHIBIT "A"
Northeast Corner
Section 22-7-69
EXISTING 10' UTILITY —�-
EASEMENT, NORTHWOOD
APARTMENTS SUBD. I o
,S85'50'00"E
20.05' `O
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markers set in the ground; provided that said markers shall be
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, such as
open space, 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, 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 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 _t = day of
199-a.
NORTHWOOD INVESTMENT CO.
gy:�r-----
Don R. Holland
General Partner
2
STATE OF CALIF"%IY�
COUNTYOF �/F:"P
On A-!->F=1L
said State, personally appeared o''
aa_
before me, the undersigned, a Notary Public In and for
personally known to me (
fAefe�r�evidenc�a). to be the person that executed the within
t>, —
instrument as part nehs).
on behalf of ll, r.f'Ii c+-C'C:r) i�1 Vti;Ylerl"(�Cr
the partnership
therein named and acknowledged to me that the partnership
executedit
WITNESS my h d and official se
Signature / JA:&I
r
BEVERLY BEOUGHER;
r —
r
r a NOTARY PUBLIC i
' SACRAMENfO COUNTY, CAUFC1NIA i
r
r
My Commiuioe Expires November 13,1992
(This area for official notarial seal)
Accepted by the City of Fort Collins, Colorado this day of
199-0. JJ
TTEST: n
City Clerk
(CORPORATE SEAL)
APPROVED ASTOFORM:
t
As istant City Attorn y
3
CITYOFFORT COLLINS, COLORADO
By G./a,:i
-City Manager`
EXHIBIT "A"
EASEMENT DESCRIPTION
Part of the northeast one -quarter of Section 22
Township 7 North, Range 69 West, 6TH P. M.
City of Fort Collins, Larimer County
Colorado
A Permanent Drainage and Utility Easement situated in part of the Northwood
Apartments Subdivision, being part of the northeast one -quarter of Section 22,
Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, County of Larimer, State of Colorado, with bearings herein being based
on the east line of said northeast one -quarter, as being South 00000'00" East,
and more particularly described as follows:
Commencing at the northeast corner of said northeast one -quarter;
Thence South 00000'00" East, along said east line of the northeast one -quarter, a
distance- of 414.50 feet;
Thence North 90000,00" West a distance of 50.00 feet to the Point of Beginning on
the wes� right-of-way line of South Shields Street, and the northeast corner of
said Northwood Apartments Subdivision;
Thence South 00 00' 00" West, ;along said west right-of-way line, a distance of
223.00 feet;
Thence North 850 50' 00" West a distance of 136.00 feet;
Thence North 700 50, 00" West a distance of 177.03 feet;
Thence North 400 40' 00" West a distance of 128.00 feet;
Thence North 890 10' 00" West a distance of 57.11 feet;
Thence South 780 50' 00" West a distance of 92.98 feet;
Thence North 760 00, 00" West a distance of 35.14 feet to the north line of said
Northwood Apartments Subdivision;
Thence along said north line the following two (2) courses:
1. North 660 56' 00" East a distance of 169.93 feet;
2. North 900 00' 00" East a distance of 412.35 feet to the Point of Beginning;
Containing 75,756 square feet or 1.739 acres, more or less.
AND a 20 feet wide Temporary Construction Easement, lying south of, adjacent
contiguous and parallel to a part of the south line of the above described
easement, and extending from said west right-of-way line of South Shields Street
to the west end of the course previously described as North 70050'00" West a
distance of 177.03 feet.
E. K Yq;/ i
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20142 ;*
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On Behalf of and For:
GREENHORNE & O'MARA, INC.
n E. Kratz, P.L. .
lorado Reg. No. 20142
11 nu
A
POINT OF
COMMENCEMENT
NE COR.
NE 1/4
SEC. 22
SOO*00'GL _
414.50' to SOUTH
INT OF
GINNING
COR
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UNPLATTED
BOOK 1983
PAGE 986
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SHIELDS STREET
PERMANENT
DRAINAGE 8,
UTILITY
EASEMENT
75,756 SO. FT.
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NORTHWOOD
APARTMENTS
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" DRAINAGE & UTILITY EASEMENT EXHIBIT be• E
CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO s"ee1
e128/39 PART OF NE 1/4, SEC. 22, T. 7 N., R. 69 W., 6th PM t
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RCPTN # 93002179 01/i!/93 10:38:00 # PAGES - h FEE - $30.00
M 'Ab:7O(J"'Ii :;'i'A 00C: N'H:H, - $.00
DEED OF EASEMENT
THIS DEED, made this � day of Ja"Uo-* 4 199 ,
between NORTHWOOD INVESTMENT CO. of the Coun�acramento, State
of California, GRANTOR, whose address is 25 Cadillac Drive,
Sacramento, California 95825, 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 TEN DOLLARS ($10.00), 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 utility improvements,
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 more
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 being described more fully on Exhibit "A"
attached hereto and by this reference made a part hereof for the
purpose of constructing the aforementioned utility improvements.
As a condition of the granting of this temporary construction
easement, the Grantee covenants and agrees to restore said lands
burdened by the temporary construction easement and the
landscaping, fences, or other improvements to a level comparable to
the condition they were in just prior to construction.
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
1
0
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;
(d) the right to mark the location of said easements by
suitable markers set in the ground; provided that said
markers shall be 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, 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 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 day of —,16a
—_ 199-3.
01
NORTHWOOD INVESTMENT CO.
By:L4(*�
Don R. Holland,
General Partner
STATE OF CALIFORNIA
ss.
COUNTY OF SACRAMENTO) n
Subscribed and sworn to before me this L4L-day of
, 199by Don R. Holland, as General Partner of Northwood
Investment Co. . _ _ _ _ _ _ _ _ _ _ _ _ _
96sI '>t Alnf nq&3%PJ000
Witness my hand and official seal. AINnoo01N3VM0"
VINUO-I1VO onand Awyj
My commission expires: VNnZO NIH3
'IY3S TdI0I330
Public
t
Accepted by the City of Fort Collins, Colorado this.5h day
of J Y 199;3.
BIT:16F FORTGCINADO
Y
City Manager
ATTEST:
City Clerk
(CORPORATE SEAL)
APPROVED AS TO FORM
Assis t City/Attorney
,Si
3
EXHIBIT "A"
DESCRIPTION FOR A PERMANENT UTILITY EASEMENT
A permanent utility easement over and across part of the Northwood
Apartments Subdivision located in the Northeast Quarter of Section
22, Township 7 North, Range 69 West of the 6th Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being more
particularly described as follows:
Considering the East line of the Northeast Quarter of said Section
22 as bearing South 0000O10011 East and with all bearings contained
herein relative thereto:
Commencing at the Northeast corner of said Section 22; thence,
along said East line, South 0000010011 East, 637.50 feet; thence,
North 90,0010011 West, 50.00 feet to the POINT OF BEGINNING, said
point being on the west right-of-way line of South Shields Street;
thence along said west right-of-way line, South 00000100/1 East,
103.00 feet; thence, North 90000100/1 West, 20.00 feet; thence,
North 00000100/1 West, 104.46 feet; thence, South 8505010011 East,
20.05 feet to the Point of Beginning.
The above described easement contains 2075 square feet more or less
and is subject to all easements and rights -of -way now on record or
existing. A portion of this easement contains 1235 square feet
more or less dedicated for an existing 10 foot utility easement and
a 20 foot sewerline easement on the Northwood Apartments
Subdivision plat. The net difference between the described and
existing easement is 840 square feet.
Engineering Consultants
2900 South College Avenue
Fort Collins, Colorado 80525
303/226-4955
100-348
020-101
12/1/92
revised 12/10/92
Sheet 1 of 3