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DEED OF EASEMENT OCT 241994
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THIS DEED, made this �— day of C1 � Y iv,^1I { 4
between WILLIAM J. SLIMAR of the intV of Larimer, State of
Colorado, GRANTOR, whose address is 2522 E. County Road 36, Fort
Collins, Colorado, and THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, GRANTEE, whose address is 300 LaPorte
Avenue, Fort Collins, Colorado 80521.
WITNESSETH:
That for and in consideration of the covenants and agreements
herein set forth, the sum of Six Thousand Dollars ($6,000.00), 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, its successors and assigns, a perpetual nonexclusive
easement and right-of-way to install, operate, maintain, repair,
reconstruct, replace, inspect and remove, at any time and from time
to time storm drainage improvements, together with a right-of-way
for access, on, along, through and under all of the hereinafter
described real property situated in the County of Larimer, State of
Colorado, being described more fully on Exhibit "A" attached hereto
and by this reference made a part hereof.
The Grantor further grants to the Grantee;
(a) the right to install, maintain and use gates in all
fences which now cross or shall hereafter cross said
easements;
(b) the right to mark the location of said easements by
suitable markers set in the ground; provided that said
markers shall be placed in locations which will not
interfere with any reasonable use Grantor shall make of
said easements.
Grantor reserves the right to use said easements for purposes
which will not interfere with Grantee's exercise or use of the
rights hereby granted; and the parties further agree that the uses
of said easements by Grantor and the agreements concerning those
uses shall be as follows:
(a) Grantor shall not 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 the ground level in said easements;
(b) Grantor shall not deposit, or permit or allow to be
deposited, earth, rubbish, debris, or any other substance
or material, whether combustible or noncombustible, on
6����,ts
11
ATTORNEY'S CERTIFICATE
This is to certify that on the day of March, 1996, I
examined the title to the property as described hereon and
established that the owners and proprietors of record of the said
property as construed in C.R.S. 1973, 31-23-111, are as shown
hereon as of said date.
1y / F`17
MICHAEL A. MAXWELL
Hasler, Fonfara and Maxwell LLP
125 South Howes, Sixth Floor
Fort Collins, Colorado 80521
Registration No. 8755
DRAINAGE EASEMENT
A = 39'41'34" '-
R = 50.00'
L = 34.64'
C" -- CH = N64-32-28"E i
"= 33.95'
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W LOT 23 s
STETSON CREEK P.U.D.,
u FIRST FILING
cc
N�2�802,w 69.gg, r�eP
10' WIDE
yI DRAINAGE
EASEMENT
(1485 SQUARE FEET)
DESCRIPTION FOR A DRAINAGE EASEMENT: LOT 23
A drainage easement being a portion of Lot 23, Stetson Creek
P.U.D., First Filing located in the Southwest Quarter of Section 5, N
Township 6 North, Range 68 West of the 6th Principal Meridian, City
of Fort Collins, Lorimer County, Colorado, being more particularly
described as follows:
The Southerly 10 feet of said Lot 23 measured at right angles and III
parallel with the Southerly line of said Lot 23 which bears I�I�IJI
South 40'14'15" West, 83.55 feet and North 72'28'02" West, 69.99 feet.
The above described drainage easement contains 1485 square feet and
is subject to all easements and rights —of —way now on record or
existing.
SCALE 1 "=50'
I �Dn C . a so goo iso soa
Engineering Consultants
DATE: MAR 11,1996
d lns.
-- _ _ ST ET SON OREEK �R/V
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21 24
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22 3
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pc Proposed
w Easement
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City Limits
VICINITY MAP
MAP #2
PROPOSED PERMANENT
DRAINAGE EASEMENT
06/05/96
N
1"=300' S
Ci11 . OF F07 i t;:iiI-1-i '�a
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DEED OF DEDICATION FOR EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Geneva
Homes, Inc., a Colorado Corporation, the owner of certain real
property in Larimer County, Colorado, legally described as Lot 28,
Stetson Creek P.U.D., First Filing, City of Fort Collins, Larimer
County, Colorado, in consideration of Ten Dollars ($10.00) in hand
paid, receipt of which is hereby acknowledged, and other good and
valuable consideration, does hereby dedicate, transfer, and convey
to the City of Fort Collins, Colorado, a Municipal Corporation, for
public use forever, a permanent easement for drainage in the City
of Fort Collins, County of Larimer, State of Colorado, more
particularly described on Exhibit "A" attached hereto and by this
reference made a part hereof.
It is understood by the undersigned that, by acceptance of
this dedication, the City of Fort Collins will not accept the duty
of maintenance of such easement.
WITNESS our hands and seals this Z day of March, 1996.
ATTEST:
Gary In" ver, Secretary
STATE OF COLORADO
GRANTOR:
GENEVA HOMES, INC., a
Colorado Corporation
By: A 4, / Crteg L. Bon am, President
) ss.
COUNTY OF LARIMER )
The -`foregoing instrument was acknowledged before me this 24th
day of March, 1996, by Greg L. Bonham as President, and Gary Hoover
as Secretary .of GENEVA HOMES, INC., a Colorado Corporation.
WIaj3ES�,my:.hand and official seal.
Iy coimisakoh} expires: 5/3/98
Notary Public
Accepted by the City of Fort Collins on the day of
1996.
J
`%7, ) City Clerk
CONSENT OF LIENHOLDER
V 1
The undersigned, being the beneficiary of a Deed of Trust
dated December 27, 1994, recorded January 13, 1995, at Reception
No. 95002810 of the Larimer County, Colorado records, hereby
approves, ratifies, confirms and consents to the foregoing Deed of
Dedication for Easement.
WITNESS our hands and seals this / day of 1r;41,01 , 1996.
FIRST STATE BANK OF FORT COLLINS
LI By: ��T
Title.
t' <r
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
1996, by /% j as //ci fi✓C,c� CA"
of FIRST STATE BANK OF FORT COLLINS.
WITNESS my hand and official seal.
My commission expires: /�.�/-
o ary Pu lic
CONSENT OF LIENHOLDER
The undersigned, being the beneficiary of a Deed of Trust
dated October 1, 1994, recorded October 21, 1994, at Reception No.
94085993 of the Larimer County, Colorado records, hereby approves,
ratifies, confirms and consents to the foregoing Deed of Dedication
for Easement.
WITNESS our hands and seals this �'%day of 1996.
UNISYN CAPITAL CORPORATION
By:
Title:
STATE OF LB�yt ti )
ss.
COUNTY OF
NSubscribed and sworn to before me this �7 day of
I rlaLl , 1996, by K,dYtG � E, k1 -.-rr_ a`-. /;�.yt %-sa — of
UNISYN CAPITAL CORPORATION.
WITNESS my hand and official seal.
My commission expires: ���az /17
NOTARY
-.06eo-
O
CONSENT OF LIENHOLDER
The undersigned, being the beneficiary of a Deed of Trust
dated July 12, 1995, recorded July 17, 1995, at Reception No.
95041458 of the Larimer County, Colorado records, hereby approves,
ratifies, confirms and consents to the foregoing Deed of Dedication
for Easement.
WITNESS my hand and seal this % day of i4!o-7t l, 1996.
LOIS L. WERNSMAN
STATE OF COLORADO )
ss.
COUNTY OF
Subscribed and sworn to before me this day of
0 htci{ 1996, by LOIS L. WERNSMAN.
WITNESS my hand and official seal.
My commission expires:rl-W) 1
Notary Publ c
ATTORNEY'S CERTIFICATE
This is to certify that on the day of March, 1996, I
examined the title to the property as described hereon and
established that the owners and proprietors of record of the said
property as construed in C.R.S. 1973, 31-23-111, are as shown
hereon as of said date.
MICHAEL A. MAXWELL
Hasler, Fonfara and Maxwell LLP
125 South Howes, Sixth Floor
Fort Collins, Colorado 80521
Registration No. 8755
�
������0������ EASEMENT
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LOT 28
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FIRST FILING
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43,
10' WIDE
DRAINAGE
EASEMENT
(1103 SQUARE FEET)
DESCRIPTION FOR A DRAINAGE EASEMENT: LOT 28
A drainage 0000rnont being o portion of Lot 28, Stetson Creek
P.U.D., First Filing located in the Southwest Quarter of Section 5,
Township GNorth, Range 5DWest nfthe OthPrincipal Meridian, City
ofFort Collins, Lorimer County, Colorado, being more particularly
described on fn|{o*o:
The Westerly 10 feet of said Lot 28 rnnonurod at right onokeo and
parallel with the Westerly line ofsaid Lot 28which bears North 72^%8'O2,'
,
74A A,,-t��^/!��v^�9'»9~v,"��«2Z^f,7otcr! N^,!h2�`�O��
West, J5.4Jfeet.
The above described drainage easement contains 1103 aquono feet and
is subject to all e000rnontu and rights —of —way now on record or
existing.
{nC.
Engineering Consultants
v-e.mn',|
c0*m:
SCALE 1"=50'
o 50 mo /m mo
DATE: MAR 11.1996
Tr
ON CREEK pRIVE
1 26
a0 0 27
el 28
LU all-
LU — ___—= 29
OP
Proposed
w Easement
m
H
City Limits
VICINITY MAP
MAP #3
PROPOSED PERMANENT
DRAINAGE EASEMENT
06/05/96
N
1"=300' S/
said easements.
(c) The use of said easement by Grantee shall comply with any
Federal, State or local laws, rules, regulations or
ordinances.
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 any easements or rights -of -way of record or in
place, including, but not limited to, an Easement granted to Geneva
Homes, Inc. dated May 10, 1994, for a drain/underdrain system;
restrictions, reservations, covenants or liens or encumbrances of
record and real estate taxes and assessments.
Grantee, in consideration for the easement herein granted,
covenants and agrees with Grantor as follows:
1. Grantee, to the extent permitted by law and by Article V,
Section 16 of the Fort Collins City Charter, will hold Grantor
harmless and indemnify Grantor from any claims for damages arising
out of Grantee's negligence in the use and exercise of the easement
herein granted made by any third parties for personal injury,
wrongful death or property damage, including any attorneys' fees,
expert witness fees or other fees and expenses incurred by Grantor
as a result of any such claims. Grantee extends to Grantor to the
extent permitted by law any sovereign or governmental immunity
enjoyed by Grantee to such claims.
2. Grantor shall have a right of access across the concrete
and culvert structure presently located at or near the intersection
of the "McClelland's Channel" with the east line of the SW 1/4,
Section 5, Township 5 North, Range 68 West whereby Grantor can
access his properties located on both sides of the easement. That
such access shall allow the passage of motor vehicles. If such
concrete and culvert structure is reconstructed by Grantee, it
shall be done so in a manner to allow Grantor's access to continue
as herein granted.
3. Prior to any reconstruction, replacement, removal or
change of any kind of the easement, Grantee will notify Grantor
thereof and Grantor shall have the right to review such changes and
comment thereon.
4. The Grantee agrees to reseed and maintain storm drainage
channel banks within the easement area for two (2) years to
reestablish grass and eliminate thistles.
5. The Grantee agrees to allow Grantor to erect fencing and/or
gate(s) across the storm drainage easement, provided the fencing or
gate(s) will not interfere with Grantee's full enjoyment of the
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Grantee's easement. Also, Grantor may post "no trespassing" or
"private property" or similar signs along the easement to exclude
any use of Grantor's property by third parties.
6. The Grantee agrees to repair any ruts and damaged grass
and repair and/or replace fences, water pipes, electrical lines,
water and electrical conduits, and gate(s) that are caused by or
damaged by the Grantee due to Grantee's exercise or use of the
storm drainage easement.
7. The Grantee agrees to pay to Grantor any and all damages
caused Grantor or his property by Grantee's exercise of the
easement. However, Grantee shall not be liable for any damage to
Grantor or Grantor's property caused by or arising out of water
flows or flooding from Grantee's storm drainage improvements if
said damage is caused by stormwater flows that exceed the
stormwater capacity that the storm drainage improvements were
designed to carry per the 1994 Utility Plans for Stetson Creek
P.U.D. 1st Filing.
Whenever used herein, the singular number shall include the
plural, the plural the singular; and the use of any gender shall be
applicable to all genders. All of the covenants herein contained
shall be binding upon and inure to the benefit of the parties
hereto, their respective heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, the Grantor has hereunto set their 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 City
Manager, attested to by its City Clerk, and its corporate seal to
be hereunto affixed on the day of �i�:rtz`},,Y 1994.
STATE OF COLORADO
ss.
COUNTY OF LARIMER
--Z4�, z
Willi�Slimak
Subscribed and sworn to before me this 12th day of September
_, 1994, by William J. Slimak, as Grantor.
Witness my hand and official seal.
My Commission expires: 1-30-97
Notary Publ(yc
7
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CITY OF FORT COLLINS, COLO/RjAD�O
By
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
Assis ant C�-W Attorney
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The fo e oing instrument was acknowledged beforg me this
day of C'✓ 199_, by
as City Manager and as City Clerk of the
City of Fort Collins, Colorado.
Witness my hand and official seal.
My Commission Expires: `-e /z./ r�°
Notary Public
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DEED OF DEDICATION FOR EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Geneva
Homes, Inc., a Colorado Corporation, the owner of certain real
property in Larimer County, Colorado, legally described as Lot 23,
Stetson Creek P.U.D., First Filing, City of Fort Collins, Larimer
County, Colorado, in consideration of Ten Dollars ($10.00) in hand
paid, receipt of which is hereby acknowledged, and other good and
valuable consideration, does hereby dedicate, transfer, and convey
to the City of Fort Collins, Colorado, a Municipal Corporation, for
public use forever, a permanent easement for drainage in the City
of Fort Collins, County of Larimer, State of Colorado, more
particularly described on Exhibit "A" attached hereto and by this
reference made a part hereof.
It is understood by the undersigned that, by acceptance of
this dedication, the City of Fort Collins will not accept the duty
of maintenance of such easement.
WITNESS our hands and seals this � day of March, 1996.
GRANTOR:
ATTEST:
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
GENEVA HOMES, INC., a
Colorado Corporation
By: / /i 'SO•
Greg Bonham, President
The foregoing instrument was acknowledged before me this 24th
day o-f'MArch, 1996, by Greg L. Bonham as President, and Gary Hoover
as Secretary of GENEVA HOMES, INC., a Colorado Corporation.
WITNESS 'my hand
M�.reojimi9s�pn expires:
Accepted by the
1996.
and official seal.
5/3/98
Notary Public
f1
City of Fort Collins on the / day of
�'7��� City Clerk
CONSENT OF LIENHOLDER
The undersigned, being the beneficiary of a Deed of Trust
dated December 27, 1994, recorded January 13, 1995, at Reception
No. 95002810 of the Larimer County, Colorado records, hereby
approves, ratifies, confirms and consents to the foregoing Deed of
Dedication for Easement.
WITNESS our hands and seals this S "' day of '%QJ'i"` , 1996.
FIRST STATE BANK OF FORT COLLINS
By:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
1996, by as
of FIRST STATE BANK OF FORT COLLINS.
WITNESS my hand and official seal.
My commission expires:
Notary Public
rl,
CONSENT OF LIENHOLDER
The undersigned, being the beneficiary of a Deed of Trust
dated October 1, 1994, recorded October 21, 1994, at Reception No.
94085993 of the Larimer County, Colorado records, hereby approves,
ratifies, confirms and consents to the foregoing Deed of Dedication
for Easement.
WITNESS our hands and seals this %��' day of ti (l.-1 , 1996.
UNISYN CAPITAL CORPORATION
By: Z'
Title:
r.
STATE OF -8�&Q )
/ ss.
COUNTY OF
Subscribed and s orn to before me this ,274-c day of
t94,� , 1996, by 0, . F_. GJ4 as ink - of
UNISYN CAPITAL CORPORATION.
WITNESS my hand and official seal.
my commission expires:
NOTARY
100-w
Oar
A
CONSENT OF LIENHOLDER
The undersigned, being the beneficiary of a Deed of Trust
dated July 12, 1995, recorded July 17, 1995, at Reception No.
95041458 of the Larimer County, Colorado records, hereby approves,
ratifies, confirms and consents to the foregoing Deed of Dedication
for Easement.
WITNESS my hand and seal this day of /(r V, 1996.
L IS L. WERNSMAN
STATE OF COLORADO )
ss.
COUNTY OF
Subscribed and sworn to before me this 31iH day of
1llllc(t� 1996, by LOIS L. WERNSMAN.
WITNESS my hand and official seal.
My commission expires: f] - 10 T 1
Notary Publi