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HomeMy WebLinkAboutLANDINGS THIRD - Filed ED-EASEMENT DEDICATION - 2002-11-08(4411 }'J 114 h //44 114; 48{(11_I $ ypGFS h FE F: $ i , f_I O _,AH I MER (_'.l)IINTY Co l ( 'TA I F 00 (1Q j.1 RfllI F,N HM N!. r,N Rp'(_'.0 F21)M h' , - lA SEWER LINE EASEMENT AGREEMENT THIS SEWER LINE EASEMENT AGREEMENT (the "Sewer Line Easement") is made and entered into this day of , 1994, by and between EISEN FAMILY PARTNERSHIP, a Colorado limited partnership ("Grantor"), and CITY OF FORT COLLINS, a Colorado municipal corporation (the "City"), collectively referred to as the "Parties." The Parties covenant and agree as follows: 1. Easement Parcel. The easement parcel shall mean that certain seven and one-half (7-1/2) foot wide parcel of real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Parcel") and substantially as depicted on Exhibit A-1 attached hereto and incorporated herein by this reference. Said Easement Parcel crosses and burdens that certain real property described as Lot 7, The Landings, Third Filing, County of Larimer, State of Colorado (the "Servient Tenement") which is owned by Grantor. 2. Consideration. As consideration for this Easement, City has paid to Grantor the sum of Nineteen Thousand and No/100 Dollars ($19,000.00). 3. Grant of Sewer Line Easement. Grantor hereby grants to City, its successors and assigns, a perpetual, exclusive, non- invasive and nonintrusive easement (the "Sewer Line Easement") under the Easement Parcel for the limited purpose of operating, maintaining and repairing the "Sewer Line" as hereinafter defined. The "Sewer Line" shall mean the sewer line(s) with appurtenances currently installed and existing in the Easement Parcel. 4. Use Restrictions. City shall have no right of surface access to the Easement Parcel, nor any right of ingress or egress in, to, over, under, through or across the Easement Parcel or the Servient Tenement for any purpose. City shall have no right to dig, excavate, tunnel, or otherwise move or disturb soil upon, within, below or through the Easement Parcel. City shall have the right to inspect, maintain, repair and rehabilitate the Sewer Line through work done within the existing Sewer Line, provided that access to the Sewer Line is from manholes located outside the Servient Tenement. Upon reasonable advance notice, City shall be permitted to survey the surface of the Servient Tenement or monitor the Sewer Line from the surface of the Servient Tenement, provided that no heavy equipment shall be permitted upon the Servient Tenement. �91!- tI_a C, t y G�* 4 trx :uC4c&. ,, ".<st__" l fX, ( 4,1 G(. 5. Grantor's Use of Easement Parcel.f Grantor may use the Easement Parcel for any purpose so long as no buildings or other permanent structures are built or placed on the Easement Parcel; /41�611 u c� � �� , � • uc,x s '�; F . ct rr: �75 c �3 'c S 2 2 0 provided, however, driveways, paving, concrete, landscaping and access over and across the Easement Parcel are permitted. 6. Grantor's Improvements. Grantor shall design any future foundation or structure or other improvement placed on the easement, including driveways, paving, concrete and landscaping, and cause these improvements to be constructed or installed on the Servient Tenement so as to withstand reasonably anticipated characteristics of the disturbed soil caused by the installation and presence of the Sewer Line. 7. Repair and Maintenance. The City shall have a duty, from time to time and at all times after the effective date of this Sewer Line Easement, at its own cost and expense, to repair and maintain the Sewer Line in a proper, substantial and workmanlike manner. Such repair and maintenance shall be accomplished without entering or intruding upon the Servient Tenement. 8. Breach of Duty to Repair and Maintain. The presence of any gas, fumes, water, sewage, or any moisture or other matter into the easement area or into the Servient Tenement from the Sewer Line shall be considered a breach of City's duty to repair and maintain said Sewer Line, and City shall be liable for any costs or expenses for any injury or damage arising from such breach, including without limitation all liability, loss and expense for any claim of injuries to persons or damaged property arising from such breach. 9. Subjacent and Lateral Support. The City covenants and agrees that Grantor shall have the right of subjacent and lateral support on the Servient Tenement to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of Grantor's estate and subject only to the limitations imposed by above Section 6. The City agrees to reimburse to Grantor the cost of any alterations to its future improvements necessary to preserve or exercise its rights of subjacent and lateral support. The City hereby agrees to indemnify and save Grantor harmless from and against any and all losses, claims, damages, actions, judgments, orders, decrees and expenses arising from the City's conduct or actions allegedly in violation of such right to subjacent and lateral support, including attorneys' fees, court costs, expert witness fees and costs of investigation. 10. Indemnification. In addition to the foregoing, the City hereby agrees to indemnify and save Grantor harmless from and against any and all losses, claims, damages, actions, judgments, orders, decrees and expenses arising from the City's negligence in the exercise of the rights granted herein or negligent failure to act as contemplated herein, and including attorneys' fees, court costs, expert witness fees and costs of investigation. 11. Abandonment. In the event the City shall abandon the rights granted to it herein, all right, title and interest CPM 3 hereunder of the City shall cease and terminate. Grantor shall then hold the Easement Parcel, as the same may then be, free from the rights of the City so abandoned and shall own all materials and structures of the City so abandoned, including the Sewer Line. For purposes herein, "abandonment" shall mean the non-use of the easement or Sewer Line located therein for a period of twelve (12) full calendar months. Abandonment of the Sewer Line shall extinguish the obligations of the City provided in this Agreement. However, the City shall remain liable for damages caused by the City's breach of its obligations hereunder prior to said abandon- ment, including damages discovered after abandonment. Upon abandonment, the City shall drain the Sewer Line, fill it with sand or other appropriate material, and will plug both ends of the Sewer Line. 12. Covenant Running With Land. This Sewer Line Easement shall be deemed to be a covenant, the burdens and benefits of which run with the land. 13. Assignable. Grantor may assign the rights provided by this Sewer Line Easement to any other party without the consent of the City. Upon the sale or other transfer by Grantor of the Servient Tenement, Grantor's rights and duties provided by this Sewer Line Easement shall automatically be transferred to any such subsequent purchaser or transferee. 14. No Public Access. This Sewer Line Easement does not and is not intended to grant any access to the Easement Parcel or the Servient Tenement to the general public. 15. General Provisions. a. Binding Effect. This Sewer Line Easement shall be binding upon the Parties and their respective heirs, beneficiaries, legal representatives, transferees, successors, affiliated agencies and assigns. b. Entire Agreement. The Parties agree that this Sewer Line Easement contains the entire understanding and agreement between the Parties and cannot be amended, modified or supplemented in any way, except by written agreement executed by all Parties and duly recorded in the office of Clerk and Recorder of Larimer County, State of Colorado. C. Governing Law. This Sewer Line Easement shall be governed by the laws of the State of Colorado. d. Severability. If any provision of this Sewer Line Easement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Sewer Line Easement, and there shall be -3- substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. e. Counterparts. This Sewer Line Easement may be executed in counterparts with the same effect as if all the parties had executed the same instrument. f. Headings and Titles. All heading and titles in this Sewer Line Easement are for convenience and ease of reference only and shall not affect the meaning, construction or effect of this agreement or any provision hereof. g. Gender and Number. As used herein, the masculine, feminine and neuter gender and the singular or plural number shall each be allowed to include the remaining genders and numbers, as the case may be, whenever the context so indicates. IN WITNESS WHEREOF, the Parties have signed this Easement the day and year first written above. Grantor: EISEN FAMILY ARTNERSHIP a Colorado i partnership By: Partner City: CITY OF FORT COLLINS, a Colorado municipal By: x6i� Name: Title: STATE OF COLORADO ss. COUNTY OF W fL The foregoing document was acknowledged before me this Q day of 1994, by �-,"',+I�. s;,;,J as General Partne6 of Eisen Family Partnership, a Colorado limited partnership. Witness my hand and official seal _ My commission expires: i Notary Public s -i -4- STATE OF COLORADO ) /,, ) ss. COUNTY OF ZdKlmes ) The f•regoing document was acknowledged befor�j me this Ord da�jJ o//�� wiL'- 1994, by ��if✓Cf� C • /_7c r'�e as till, 1, of the CITY OF FORT COLLINS, a Colorado municipal corporation. Witness my hand and official seal My commission expires: ?��� � Y 19-7 ' ,CL%%,z/ Notary Public -5- EXii; b; t A DESCRIPTION OF A 7.50 FEET WIDE PERMANENT UTILITY EASEMENT ACROSS A PORTION OF LOT 7, LANDINGS THIRD FILING A 7.50 feet wide Permanent Utility Easement located in the Southeast One Quarter of Section 36, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in Lot 7 of the Plat of The Landings Third Filing, a Plat of record with the Clerk and Recorder of the said Larimer County more particularly described as follows; Commencing at the northeasterly most corner of the said Lot 7, THENCE along the southeasterly line of Lot 7, South 34 degrees 10 minutes 00 seconds West for a distance of 138.06 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said southeasterly lire of Lot 7, South 34 degrees 10 minutes 00 seconds West for a distance of 7.58 feet; THENCE leaving the said southeasterly line, North 47 degrees 41 minutes 54 seconds West for a distance of 97.41 feet to the easterly right of way of Skysail Lane, as shown on the said Plat; THENCE along the said right of way, along a non -tangent curve to the left having a radius of 319.61 feet, a central angle of 03 degrees 17 minutes 03 seconds and an arc length of 18.32 feet, being subtended by a chord of North 23 degrees 31 minutes 41 seconds West for a distance of 18.32 feet; THENCE leaving the said right of way, non -tangent from the said curve, South 47 degrees 41 minutes 54 seconds East for a distance of 113.05 feet to the point of beginning. Containing 788 square feet. The above described easement is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description and areas are based upon previously recorded plats and deeds and not upon a actual monumented field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 '""' "'` •=' �� CPA;g P.O. BOX 580 FORT COLLINS, CO 80522 �� a ^••ti < i 7s7"la Ift5-kz op cot Q•0LJ qS EXHIBIT "A" TO EISEN FAMILY PARTNERSHIP SEWER LINE EASEMENT AGREEMENT Location Map 1 ER SCALE. 1" = 40'