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GRANT OF EASEMENT
This Grant of Easement is made and entered into this llth day
of May, 1993, by and between d. Jensen Enterprises, a Colorado
Corporation, (hereinafter referred to as the "Grantor"), Burns
Ranches, Inc., a Colorado Corporation, whose address is 2813 South
Overland Trail, Fort Collins, CO 80526, (hereinafter referred to
as "Burns"), and the City of Fort Collins, Colorado, a municipal
corporation, (hereinafter referred to as the "Grantee").
WITNESSETH THAT:
For Ten Dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
Grantor has this date bargained, conveyed, delivered, transferred,
and sold, and by these presents does bargain, convey, deliver,
transfer and sell unto the Grantee, its successors, and assigns a
non-exclusive drainage easement as described on Exhibit A attached
hereto and incorporated herein by reference (hereinafter referred
to as "Easement Area").
The easement is for the benefit of and appurtenant to the land
known as the Burns Ranch, MRD #S-238-88 also known as Burns Ranch
Phase II. The Grantor shall have the right to use and occupy the
Easement Area for any purpose not inconsistent with the dedicated
use of the Easement Area for drainage purposes.
The drainage easement shall be installed in strict compliance
with specifications of the City of Fort Collins and to the
satisfaction of Grantor. Burns agrees to remove the existing
earthen berm during the course of construction of the drainage
easement and hereby agrees to utilize the utmost care to prevent
damage to any of the present native vegetation, other than on the
berm and in or surrounding the Easement Area. Burns further agrees
to revegetate any area of vegetation damaged by construction
equipment in the installation of the drainage easement. Burns, on
behalf of itself, its successors, and assigns, hereby agrees to
provide any maintenance or additional construction which may be
required in the future by the City of Fort Collins to enhance,
further develop, or otherwise require additional construction or
maintenance to the Easement Area and to bear all costs associated
therewith. Further, Burns agrees to indemnify and hold harmless
Grantor, its successors and assigns against any loss or damage
which should result from, arise out of, or be attributed to the use
of the Easement Area, whether or not such uses are permitted or
contemplated hereunder.
IN WITNESS WHEREOF the parties have hereunto set their hands
and seals the day and year first above written.
::17Y OF FOOT OOLLNS "
GRANTOR:
d. Jensen Enterprises, Inc.
a Colorado corporation
By: Q�2
Dan R. Je se President
Attest:
Jeanette Fritzler S,y retary
Burns hereby accepts all obligations associated with the
foregoing Grant of Easement.
GRANTEE:
Burns Ranch, Inc. Attest:
%
By: _� ILA
Rex A. Burns, President Ruth E. Burns, Secretary
STATE OF COLORADO )
ss:
COUNTY OF LARIMER )
This foregoing instrument was acknowledged before me this
day of � 1993, by Dan R. Jensen and Jeanette
Fritzler, Presi en Secretary, respectively, of d. Jensen
Enterprises, Inc., a Colorado corporation.
Witness my hand and official seal.
My commission expires: �19It
a �1.4tA k. Aozi
Notary Public
STATE OF COLORADO
ss:
COUNTY OF LARIMER )
1-1fi/This foregoing instrument was acknowledged before me this
day of -u7-2.N,o , 1993, by Rex A. Burns and Ruth E. Burns,
President and Secretary, respectively of Burns Ranch, Inc., a
Colorado corporation.
Witness my hand and official seal.
My commission expires:
Sd2YJ2¢di 1y �iai�c--//JG�'/
otary Public
2
EXHIBIT A
A drainage easement located in the Northeast Quarter of Section 29
and the Northwest Quarter of Section 28, Township 7 North, Range 69
West of the 6th Principal Meridian, Larimer County, Colorado, being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section
29 as bearing North 00045100" East from a brass cap at the East
Quarter corner of said Section 29 to an aluminum cap at the
Northeast Quarter corner of said Section 29 and with all bearings
contained herein relative thereto:
Commencing at the East Quarter corner of said Section 29; thence
along said East line, North 00045100" East, 25.00 feet; thence
South 88052159" West, 20.52 feet; thence, North 00045100" East,
714.75 feet to the POINT OF BEGINNING; thence North 00045100" East,
20.02 feet; thence, North 88020141" East, 42.02 feet; thence, South
76020149" East, 51.92 feet; thence South 56014153" East, 74.81
feet; thence, South 37017117" East, 49.81 feet; thence, South
84055137" East, 39.85 feet; thence, North 85051118" East, 38.37
feet; thence, North 45041154" East, 60.89 feet; thence, North
75032106" East, 16.89 feet; thence, South 66041139" East, 24.80
feet; thence, South 87004154" East, 14.70 feet; thence, North
75004130" East, 18.20 feet to a point on the Westerly right-of-way
line of Overland Trail; thence along said Westerly right-of-way
line, South 24024119" East, 20.28 feet; thence, South 75004/30/,
West, 24.68 feet; thence, North 87004154" West, 21.43 feet; thence,
North 66041139" West, 21.56 feet; thence, South 75032106" West,
4.72 feet; thence, South 45041154" West, 62.87 feet; thence, South
85051118" West, 47.29 feet; thence, North 84055137" West, 41.38
feet; thence, ,South 46039155" West, 36.86 feet; thence, North
59004116" West, 65.44 feet; thence, North 27001133" West, 90.10
feet; thence, North 76020149" West, 19.92 feet; thence, South
88020141" West, 40.17 feet to the Point of Beginning.
ATTORNEY'S CERTIFICATE
This is to certify that on the 26}kj day of M a
1993, I examined the title to the property as described he eon and
established that the owner and proprietor of record of the said
property as construed in C.R.S. 1973, 31-23-111, is d. Jensen
Enterprises, a Colorado corporation.
Ramsey D. att, . #392
MARCH & M A ff.
P.
110 East Oak Street, Suite 200
Fort Collins, CO 80524
Telephone: (303) 482-4322
B3
City of Fort Collins
Engineering Department
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Drainage easement
Burns Ranch at Quail Ridge 2nd Filing
NO SCALD
MAP #6