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Home My WebLink AboutSOUTH SIDE SERVICE CENTER PUD - Filed ED-EASEMENT DEDICATION - 2002-11-084 FEE - $20.00 RCPTN Jt y4flYfiHyy _ /"7', /y4 1 5: 14 : (1() g PACE - _ ,/ P . Q() M Ron ENRERGER RECORDER, LARIMF.R COUNTY CO STATE DOC FEE RECEIVED ) 911 GRANT OF EASEMENT NOV 0 2 1994 Ans"d............ THIS GRANT OF EASEMENT is made and entered into this 2 8lhday of :3^�, , 1994, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("the Grantor"), 300 LaPorte Avenue, Fort Collins, CO 80521, and FORT COLLINS-LOVELAND WATER DISTRICT , a Political Subdivision of the State of Colorado, ("the Grantee"), 4700 South College Avenue, Fort Collins, Colorado 80525. WITNESSETH: 1. In consideration of Ten 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, perpetual easement for a domestic waterline for the transmission and distribution of domestic: water, and all underground and surface appurtenances thereto, including metering stations and other fixtures upon, under and across the property more particularly described on Exhibit "A", which is attached hereto and incorporated herein by this reference ("the Easement"). The Grantor shall not grant an easement, to any third party, in the easement area if said easement will interfere with the Grantee's easement rights hereunder. The Grantor shall consult with the Grantee to determine if any third party easement will interfere with the Grantee's easement rights before granting any third party easement. 2. The Grantee shall have the right to construct, operate, repair, replace, inspect, remove and maintain a waterline ("the Improvements") within the Easement. The Grantee shall construct and install the improvements within the Easement in strict compliance with the plans and specifications developed by Grantee. The Grantee shall notify the City of Fort Collins' Right -of -Way Accent prior - performing maintenance, repair, replacement, remove or otherwise work on or within the easement. In cases of emergency repair, the Grantee shall notify the Grantor in a timely manner. 3. As a condition of the granting of this Easement, the Grantee covenants and agrees to restore the easement area to a condition equal to its condition just prior to Grantee's work within the easement. All plant material to be used in the restoration shall be the same or equal to the plant material removed by the Grantee. In addition, the Grantee shall not damage any ground or vegetation outside the Easement. In the event ground or vegetation outside the Easement should be damaged by the 1 ly Grantee, the Grantee shall, at its expense, repair such damage. 4. The Grantee shall have the right of ingress and egress to and from the Easement by means of existing roads (whether public or private) located on the Grantor's property, if any, or in the absence of such roads, by such other routes as the Grantor and Grantee shall agree, taking into consideration the minimization of damage to the Grantor's property. 5. The Grantor reserves the right to use the Easement area for purposes that will not unreasonably interfere with the Grantee's full enjoyment of the rights granted herein. 6. The Grantee shall maintain its improvements within the Easement in an entirely secure, safe and sanitary condition. The Grantee shall re air the improvements within the Easement to ensure the Improvements do not cause damage to persons or property. 7. The Grantee agrees, to the extent provided by law, to indemnify the Grantor, its officers, agents, employees, representatives, successors and assigns from all claims and liability, including Grantor's reasonable attorneys' fees and costs, for claims made by third persons resulting from or arising out of the Grantee's use of the Easement, including the construction, installation, operation, repair, maintenance or removal of Improvements within the Easement. 8. Should the Grantee permanently discontinue maintaining and using the Improvements within the Easement, such Improvements shall be abandoned, and the Grantee shall, at its own expense, remove the surface Improvements from the Easement unless the Grantor agrees, in writing, to allow the Grantee to abandon such Improvements in place. In the event the Improvements are removed from the Easement area, the Grantee shall restore the Easement area, at its sole cost to a condition equal to its condition just prior to the Grantee's work within the easement. 9. This Agreement, and all the terms and conditions thereof, shall extend to and be binding upon the successors and assigns of the parties. The Grantee shall not assign its rights under this Agreement without the prior written consent of the Grantor. 10. The Grantee agrees to record this Agreement, at its own expense, with the Clerk and Recorder of Larimer County, Colorado, and to furnish evidence of such recording to the Grantor. This Agreement shall be recorded before any work is commenced by the Grantee within the Easement. 2 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF a Municipal, M ATTEST: JJi " City Clerk APPROVED AS TO FORM: Assis� nt C' Attorney /r r GRANTEE: T COLL porati, FORT COLLINS -LOVELAND WATER DISTRICT, a Pol' ' al Subdivision f he State of olor A �.� By: [J� - hn Weitzel, Presicfeint ATTEST:. Mike iTullio, Secretary STATE OF COLORADO ) ss COUNTY OF LARIMER ) �r Th"e foregoing instrument was acknowledged before me this day of 1994 by John Weitzel as President and Mike DiTulllp as Secretary of Fort Collins -Loveland Water District. Witness my hand and official seal. My Commission Expires: -,,-< Notary Public 3 EXHIBIT "A" A thirty foot (301) wide easement situate in the Southeast 1/4 of Section 12, Township 6 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the South line of the said Southeast 1/4 as bearing S 88 degrees 27 minutes 40 seconds E and with all bearings contained herein relative thereto, the centerline of said easement begins at a point which bears N 00 degrees 12 minutes 16 seconds E 1050.01 feet along the West line of the said Southeast 1/4 and again S 88 degrees 27 minutes 40 seconds E 743.92 feet from the South 1/4 corner of said Section 12 and run thence N 00 degrees 00 minutes oo seconds E 429.84; thence N 18 degrees 30 minutes 00 seconds E 412.56 feet; thence N 00 degrees 00 minutes 00 seconds E 172.50 feet to the end of said easement. i Location Map 0'71eas, FOF TRAl,'.. c: .�. fi '.1":.':::►:. �rs'F'.....`.'' fRopo6E® °Nd°Td/RAL••AR• A............ :•..•:... •:. y�. ..I �' MnRSMPLL S REET :+: ........................... 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