HomeMy WebLinkAboutBURNS RANCH AT QUAIL RIDGE SECOND - Filed RD-ROW DEDICATION - 2002-11-07GRANT OF EASEMENT
This grant of Easement, made and entered into this day of
e Y _, 1993, by and between the CITY OF FORT COLLINS
COLORADO, a municipal corporation ("grantor") and BURNS RANCHES,
INC., a Colorado corporation whose address is 2813 S. Overland
Trail, Fort Collins, Colorado 80526 ("Grantee"), witnesseth that:
In consideration of Ten and no/100 Dollars ($10.00), the
provisions hereof, and other good and valuable consideration, the
receipt and sufficiency of which are 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 and its successors and assigns
a nonexclusive emergency access easement as described on Exhibit
"A" attached hereto and incorporated herein by this reference (the
("Easement").
The Easement is for the benefit of and appurtenant to the land
land known as Burns Ranch, MRD #5-238-88. The Grantee shall have
the right to use and occupy the easement for any purpose not
inconsistent with the dedicated use of the Easement for emergency
access purposes; in this connection, it is contemplated by the
parties that Grantor will use all or a portion of the Easement as
a hiking/bike trail.
Grantee shall construct an emergency access road on and over
the Easementin strict compliance with the plans and specifications
for such prepared by RBD, Inc. engineers, whose address is 2900 S.
College Avenue, Fort Collins, Colorado 80525, which plans and
specifications have been approved by Grantor. Grantee shall not
damage any native vegetation outside the Easement as described
herein (in the event any native vegetation outside the Easement
should be damaged by construction equipment in the installation of
the road, Grantee shall, at its expense, re -vegetate such area
with like plant matter). Each party to this Agreement shall have
the right, but not the obligation, to maintain the Easement for
its own lawful purposes.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
GRANTOR:
CITY OF FC3RT?COLLINS,,,d0i))RADO
By:
Mayor
STATE OF COLORADO
ss.
COUNTY OF LARIMER )
ATTEST:
City Clerk
The foregoing instrument was ackn wledged before me t is day
of {il.i il� v i 199�' by
,,- and respectively, of the
City of Fort Collins, Colorado, a municipal corporation.
Witness my hand and official seal.
Notary Public
My commission expires: :)el
GRANTEE:
BURNS RANCHES, INC.
By: 6� /
Rex A. Burns, President
STATE OF COLORADO
ATTEST:
1��A
Ruth E. Burns, Secretary
ss.
COUNTY OF LARIMER )
The o e of g instrument was acknowledged before me this �� day
of 1993 by Rex A. Burns and Ruth E. Burns
President and Secretary, respectively, of Burns Ranches, Inc., a
Colorado corporation.
Witness my hand and official seal
Notary Public
My commission expires:
/-,24-92
2 /.
INC.
Engineering Consultants
Fort Collins, Colorado 80521 EXHIBIT "A"
303/482-5922
FAX: 303/482-6368
DESCRIPTION FOR EMERGENCY ACCESS ROAD EASEMENT
An easement located in the Northeast Quarter of Section 29 and in
the Northwest Quarter of Section 28, Township 7 North, Range 69
West of the 6th Principal Meridian, City of Fort Collins, Larimer
County, Colorado, being more particularly described as follows:
That portion of an easement 20 feet in width with foreshortened and
prolonged sidelines to meet the property lines and shall be 10 feet
each side measured at right angles and parallel with the centerline
described as follows:
Considering the East line of the Northeast Quarter of said Section
29 as bearing North 00°45'00" East from a Brass Cap at the East
Quarter corner of said Section 29 to a Aluminum Cap at the
Northeast 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 00°45'00" East, 25.00 feet; thence,
South 88*52159" West, 20.52 feet; thence, North 00*45100" East,
20.76 feet to the POINT OF BEGINNING of said centerline, said point
being on a curve concave to the Northwest having a central angle of
71*5915511, a radius of 285.00 feet and the chord of which bears
North 30*56117" East, 335.03 feet; thence along the arc of said
curve 358.13 feet; thence, North 05*03140" West, 198.10 feet to a
point on a curve concave to the East having a central angle of
44°29'09", a radius of 150.00 feet and the chord of which bears
North 17°10155" East, 113.56 feet; thence along the arc of said
curve 116.46 feet; thence, North 39*25129" East, 56.61 feet to a
point on a curve concave to the Northwest having a central angle of
23°46147", a radius of 100.00 feet and the chord of which bears
North 27°32106" East, 41.21 feet; thence along the arc of said
curve 41.50 feet; thence, North 15*38142" East, 196.04 feet to the
West line of Overland Trail, said point being the Terminus of said
centerline.
The above described tract of land contains 0.418 acres more or less
and is subject to all easements and rights -of -way now on record or
existing.
10/12/93
394-007
Other Offices: Denver 3031458-5526 • Vail 3031476-6340
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