HomeMy WebLinkAboutANHEUSER-BUSCH INC - Filed ED-EASEMENT DEDICATION - 2002-10-23RCPTN # 92026461 05/13/92 09:21:00 # PAGES - 7 FEE - $35.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
JEF853
1/15/92
CORRECTIVE DEED OF EASEMENT
THIS DEED OF EASEMENT is made as of the 16th day of
January, 1992, between ANHEUSER-BUSCH, INC., a Missouri
corporation ("Grantor), with offices at One Busch Place,
St. Louis, Missouri 63118, and THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation ("Grantee"), whose address is
300 Laporte Avenue, Fort Collins, Colorado 80521.
WITNESSETH:
WHEREAS, on November 9, 1989, Grantor delivered a Deed of
Easement ("D of E I") to Grantee dated as of July 10, 1989,
which was substantially in the form of this instrumnt; the
D of E I was not placed of record by Grantee; and
WHEREAS, the "as -built" condition of the facilities as
constructed according to D of E I does not conform to the legal
description of the Easements set forth therein; and
WHEREAS, the parties desire to correct the prior grant in
the D of E I by the execution, delivery and recording of this
Corrective Deed of Easement; and
WHEREAS, the parties desire to rescind D of E I, and
Grantee desires to relinquish all rights conveyed thereunder;
NOW, THEREFORE, for and in consideration of the premises,
and the covenants and agreements herein set forth, the sum of
$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 a nonexclusive and perpetual
easement and right-of-way to install, operate, maintain,
repair, reconstruct, replace, inspect and remove, at any time
and from time to time, underground pipes, facilities and
structures for a City water line together with any and all
related structures and facilities including, without
limitation, pipes, conduits, vaults, foundations, footings, and
other appliances, on, along and in all of those certain lands
which are situated in the County of Larimer, State of Colorado,
being described more fully on Exhibits A, A-1 and A-2 attached
hereto and by this reference made a part hereof, and sometimes
hereinafter referred to as the "easement area." In addition,
Grantor grants to the Grantee a nonexclusive and perpetual
construction and maintenance easement ten (10) feet wide as
described on Exhibit "B" attached hereto and by this reference
made a part hereof for the purpose of access and maintenance,
from time to time, as required for Grantee to exercise its
rights hereunder. /
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As a condition to the granting of this easement the Grantee
covenants and agrees to restore said easement area, lands,
landscaping, fences, or other improvements to a level and a
condition comparable with their original condition upon
completion of any work by Grantee with respect to this easement.
The Grantor further grants to the Grantee the right of
ingress and egress from said easement areas over and across
said lands of the Grantor by means of roads and lanes thereon.
Grantor shall install the water line along a line which is
approximately five (5) feet to the west of the center line of
the easement area described on Exhibit A and approximately
along the center line of the easement area described on
Exhibits A-1 and A-2. Grantee shall not have the right to
install or construct any additional water lines within the
easement area without the prior written consent of Grantor,
which consent shall not be unreasonably withheld, but Grantee
shall have the right to repair and maintain the water line
without prior notice to Grantor, and Grantee shall further have
the right to relocate the water line without Grantor's consent
(but only after giving Grantor thirty (30) days prior written
notice) if such relocation is required for Grantee to replace
the line as part of an increase in the capacity of the line.
Grantee recognizes that the easement herein granted is a
nonexclusive easement and that Grantor intends to or may grant
easements in the same area for the construction, operation and
maintenance of other utility lines and appurtenances thereto
for additional utility facilities, including without limitation
for gas lines, waste water lines, telephone lines and cable
television lines and that Grantor may install its own
facilities within such easement area. Grantor agrees that
Grantee shall have the right to review and approve the plans
for the installation of such additional facilities with respect
to compliance with laws, and safety and access concerns, such
approval not to be unreasonably withheld or delayed. Grantee
agrees to construct, operate and maintain its water lines and
the appurtenances thereto in such manner that the same will not
interfere unreasonably with the construction, operation and
maintenance of such other utility lines and appurtenances.
Grantor agrees to assume a like responsibility for not
interfering with Grantee's utility lines and the appurtenances
thereto and for the protection of all other utility lines it
may install in the easement area and all appurtenances to any
of them, the installation of which lines is hereinafter
provided for, and to require that all third -party grantees of
easement rights in the easement area as is provided for in this
paragraph assume a like responsibility for such
non-interference and for the protection of their own utility
lines and all appurtenances thereto.
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Grantor agrees not to 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 or reduce
the ground level in the easement area (described in Exhibits A,
A-1, A-2 and B) to such extent that the addition or reduction
interferes with the easement rights herein granted.
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, subject to all easements, restrictions,
reservations and encumbrances thereon.
All of the covenants herein contained shall be binding upon
and inure to the benefit of the parties hereto and their
successors and assigns.
Grantee hereby relinquishes any rights conveyed to it under
D of E I, and quit claims to Grantor all rights conferred
thereby.
The effective date of this agreement shall be July 10,
1989, notwithstanding the date of execution.
IN WITNESS WHEREOF, the Grantor has hereunto set its 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
Mayor, 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 -k,044 day
of %� ny1 1992.
ANHEUSER-BUSCH, INC.
ATTEST:
By:
Ass' taut Secretary Its
-3-
L�
STATE OF MISSOURI )
SS.
CITY OF ST. LOUIS )
Subscribed and sworn to before me ��"`' day
thi
of anw? 1992 by --John C Z�_
as -f " of Anheuser-Busch, Inc., a Missouri
corporation.
Witness my hand and official seal.
My Commission expires: 7 jjj
a 11 i. 0' r '. :•I �(..h ili�a'i . •.
�niC.� uhEY,� 1C35 Notary Pu lac
Acceppt�_ed by the City of Fort Collins, Colorado, this _-RA
day of 1992.
CITY OF FORT COLLINS, COLORADO
ATTEST:
7AOMN0 By:
City Clerk Mayor
(CORPORATE SEAL)
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EXHIBIT A
A strip of land being situated in the Northwest 1/4 of
Section 33, Township 8 North, Range 68 West of the 6th P.M., in
the City of Fort Collins, County of Latimer, State of Colorado,
which considering the North line of said Northwest
1/4 as bearing N89053'24•W and with all bearings
contained herein relative thereto, is contained within
the boundary lines Which begin at A point which bears
W19053'24•W $0.00 ft.. and again 100020'41•C So.00
ft. from the Worth 114 corner of said section 33. said
point of beginning lying on the Southerly right-of-way
oa
2
line of County Road S2, and run thence 5DO020'41•E
y
1150.00 ft.: thence lta9053'24-W 25.00 ft.: thence
tr Y
600020'41•P sos.s9 ft.: thencc West SO.00 ft.:
w
thence N00020'41-V 20.00 ft.-. thence List 2o.00 ft..
u
thence NbS0221090E 100.44 ft.; thence N00020'41"W
Q.
705.93 ft.; thence along the are of a $7.00 ft. radius
O
Curve to the tight a distance of 38.48 ft.. the long
ebord of which curve beats WISOS913S"E 37.75 ft.:
thence along the are of a S7.00 ft. tadius curve to
the left a distance of 3a.4e ft.. the long Chard of
which Curve beats N1865963S•L 37.7S ft.; thence
N00020141OW 1058.66 ft.: thence 189053124"E 20.00
ft. along the South tight -of -way line of County load
62 to the point of beginning.
Being the same tract over which Grantee obtained a
right-of-way for purposes of ingress and egress by Warranty
Deed, dated February 15, 1985, recorded March 3, 1985 as
Reception No. 85010962.
EXHIBIT A-1
REVISED 12-6 FOR REVISED TAP IClC1LTI0F
DESCRIPTION
Utility Easement
A strip of land 20 feet in width situated in the Northwest
1/4, Section 33, Township 8 North, Range 68 West of the 6th
P.M., Larimer County, Colorado, the centerline of which is
described as follows:
All bearings contained herein are relative to the northerly
line of the Northwest 1/4 of Section 33 as bearing North
89*53124" West.
Commencing at the North 1/4 corner of Section 33: THENCE
South 2`40110" West, 1977.85 feet to a point on the westerly
Right -of -Way line of the ingress and egress right-of-way as
described in Reception No. 85010962 of the Larimer County
Records, the TRUE POINT OF BEGINNING; THENCE parallel with
and 10 feet distant northerly of the northerly line of that
certain parcel described in Reception No. 85010962, N
90°00'00" W, 306.00 feet; THENCE South 0*20141" East,
parallel with and 10 feet distant, westerly of the westerly
line of said parcel, 400.00 feet; THENCE North 90100100"
East, parallel with and 10 feet distant, southerly of the
southerly line of said parcel, 276.94 feet; THENCE South
0*20141" East, 33.00 feet; THENCE North 90'00'00" East,
18.00 feet to a point over an existing 30" water line, the
POINT OF TERMINUS.
DESCRIPTION
Utility Easement
A strip of land 20 feet in width in the Northwest 1/4,
Section 33, Township 8 North, Range 68 West of the 6th P.M.,
Larimer County, Colorado, the centerline of which is
described as follows:
All bearings contained herein are relative to the Northerly
line of the Northwest 1/4 of said Section 33 as bearing
North 89*5312411 West.
Commencing at the North 1/4 corner of said Section 33:
THENCE North 89'53124" West, along the Northerly line of
said 1/4 Section, 70.00 feet; THENCE; South 0120141/1 East,
60.53 feet to a point on the Westerly Right-of-way line of
the ingress and egress Right -of -Way as described in
Reception No. 85010962 of the Larimer County Records, and
the centerline of a 20.00 foot wide Utility Easement, the
TRUE POINT OF BEGINNING; THENCE North 45*2014111 West, along
the centerline of said Utility Easement, 15.00 feet to a
point on the Southerly Right -Of -Way of County Road No. 52,
as described as Right -of -Way Parcel No. 12 in Book No. 2289,
Page No. 1283 of the Larimer County Records, the POINT OF
TERMINUS.
EXHIBIT B
CONSTRUCTION ACCESS EASEMENT
A strip of land ten (10) feet in width situated in the
Northwest 1/4, Section 33, Township 8 North, Range 68 West of
the 6th P.M., Larimer County, Colorado, the center line of
which is parallel with and five (5) feet distant, on the south,
west and north, from the portion of the easement area described
on Exhibit A-1 hereof.
d.7Z
Administratii Services
City Clerk
City of Fort Collins
June 2, 1992
TO: Jane Ferguson Klamer
From: Karla Smith
Enclosed is a copy of the Corrective Deed of
Easement referred to in your January 16, 1992,
correspondence to W. Paul Eckman, Esq., Deputy
City Attorney.
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522 • (303) 221-6515
Map #3
A—B Barley
Water Main
Research Center
Easement
County Rd. 52
Vicinity Map
Not to Scale