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Home My WebLink AboutBOXELDER ESTATES SECOND - Filed ED-EASEMENT DEDICATION - 2002-10-22RCPTN 4 90007825 n2/2' 0 10:15:58 # OF PACES 7 FEE - 535.00 Ill. RODE�IR '�-'!R, RECORDER - LARTMFR COUNTY CO STATE FEE- S.no DEED OF EASEMENT THIS DEED, made this C-t' day of Febryar ) , 19 91b, between JAMES MOORE of the County of Larimer, State of Colorado, GRANTOR, whose address is 3716 East Prospect, Fort Collins, CO 80525 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 TWO HUNDRED FIFTY and no/100 DOLLARS ($250.00), 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, improve, inspect and remove, at any time and from time to time a subsurface pipeline 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 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 theday of F'�ri,�c r� 19 qc�. 2 STATE OF COLORADO COUNTY OF LARIMER Subscri 19�L,, by _ J ies Moore, Grantor ss. T and sworn Ito before me this 3/0 — day of ))am' - , // � C?2.'_. , as l Witness my hand and official seal. My Commission expires: i Notary Public e\ Address: iC�n -)yz� c%<..,;_. Accepted by the City of Fort Collins, Colorado this CQ day of 1� TEST• City ;Cl. epk (CORPORATE SEAL) APPROVED AS TO FORM � kvv�' �a Assi tant City Attorney 3 CITY OF FORT COLLINS COLORADO By Z6—� City Manager 1 EXHIBIT "A" Page 1 of 4 b LEGAL DESCRIPTION A 30 FOOT WIDE PERMANENT EASEMENT ACROSS A PARCEL OF LAND KNOWN AS LOT 3, BLOCK 2, BOXELDER ESTATES -SECOND FILING, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 16, WHENCE THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER BEARS SOUTH 88°19'55" EAST FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER SOUTH 88°19'55" EAST A DISTANCE OF 925.40 FEET; THENCE NORTH 01040'05" EAST A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, BLOCK 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 3, BLOCK 2, AND ALONG THE NORTH RIGHT-OF-WAY LINE OF EAST PROSPECT STREET, NORTH 88°19'55" WEST A DISTANCE OF 110.80 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY LINE NORTH 64'36'22" EAST A DISTANCE OF 65.94 FEET; THENCE ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 3, BLOCK 2 SOUTH 88-19,55" EAST A DISTANCE OF 52.08 FEET TO THE EASTERLY BOUNDARY LINE OF SAID LOT 3, BLOCK 2; THENCE ALONG SAID EASTERLY BOUNDARY LINE SOUTH 01040'05" WEST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.056 ACRES. CITY OF FORT COLLINS 30' PERMANENT EASEMENT RMC NO. 0270.020.00D DATE: 12/05/89 - gjk SHEET 1 OF 2 6 Page 2 of 4 EXHIBIT "A" 30'PERMANENT EASEMENT SE 1/4 SEC. 16 T7N, R68W LOT 3, BLOCK 2 3OXELDE17 ES TA TES - SECOND FIL /NG S 88°19'55" E o0 52.08' o0 POINT OF COMMENCEMENT 22 ..`` qp /SOUTH 114 CORNER �36 `�� or� SCALE: I" = 50' C/1lxd�Z/l:�y/:Jul TRUE POINT OF BEGINNING SE CORNER LOT 3, BLOCK..2 T NORTH R.O.W..LINE N 0I'40'05" E 30.00' THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED'SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. SHEET 2 OF 2 REvseD ROCKY MOUNTAIN CONSULTANTS INC. 8301 E. PRENiICE AVE. ENGLEWOOD, CO 80111 DATE 12-Ot 89 JOB NO. in(303) 741-6000 EXHIBIT A �r' Page 3 of 4 LEGAL DESCRIPTION A 10 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ACROSS A PARCEL OF LAND KNOWN AS LOT 3, BLOCK 2, BOXELDER ESTATES -SECOND FILING, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 16, WHENCE THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER BEARS SOUTH 88°19'55" EAST FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER SOUTH 88019'55" EAST A DISTANCE OF 925.40 FEET; THENCE NORTH 01°40'05" EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 3, BLOCK 2, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID BOUNDARY LINE NORTH 88019'55" WEST A DISTANCE OF 52.08 FEET ALONG A LINE 60 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER; THENCE SOUTH 64'36'22" WEST A DISTANCE OF 65.94 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID LOT 3, BLOCK 2; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE NORTH 88°19'05" WEST A DISTANCE OF 21.98 FEET; THENCE DEPARTING SAID BOUNDARY LINE NORTH 64036'22" EAST A DISTANCE OF 87.92 FEET; THENCE SOUTH 88019'55" EAST A DISTANCE OF 54.49 FEET ALONG A LINE 70 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER TO THE EASTERLY BOUNDARY LINE OF SAID LOT 3, BLOCK 2; THENCE ALONG SAID BOUNDARY LINE SOUTH 01040'05" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.030 ACRES. CITY OF FORT COLLINS 10' CONSTRUCTION EASEMENT RMC NO. 0270.020.000 DATE: 12/05/89 - gjk SHEET 1 OF 2 EXHIBIT "A" 10' TEMPORARY CONSTRUCTION EASEMENT SE 1/4 SEC. 16 T7N. R68W LOT 3, BLOCK 2 I O VERL OOK FARM BOXELDER ES TA TES - SECOND FILING 0.030 ACRES S 889I9'55" E S 01040'05" W 54.49' 10.00' 88°19'5' W POINT OF COMMENCEMENT N 6�' ,�'� `N 552.08' TRUE POINT OF SOUTH 1/4 CORNER /' `271 ''' BEGINNING SECTION 16 S 6k 36jg �o NORTH R,O,W, LINE -r`-� o N 88°I9'55" W 21.98' ooci EAST PROSPECT STREET 0 o 925.40' S 88°I9'S5" E Z SOUTH LINE SE i/4 SECTION 1-6-- SCALE: 1" = 50' THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. SHEET 2 OF 2 REVISED :qMC ROCKY MOUNTAIN CONSULTANTS INC. IZ-OS-89 83DI E. PRENTICE AVE. ENGLEWOOD, CO 80111 DATE JOB NO. (303) 741-6000