Loading...
HomeMy WebLinkAboutGREENS AT COLLINDALE PUD - Filed ED-EASEMENT DEDICATION - 2002-11-20RCPTN # 9794-565$ 03/13/97 14:30:00 # PAGEB 1- 3 PRI, - $16.00 M RUDF.NBERGER RECORDER, LARTMF,R COUNTY CO STATEi DOC rFF [LD81RC2,EAS 2/13/97] EASEMENT I The undersigned Grantor for and In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto LAND SOURCE L.L.C., whose address is 145 West Swallow Road, #9, Fort Collins, Colorado 80525 (the "Grantee"),his successors, assigns, lessees, licensees and agents, a non-exclusive, perpetual easement and the right to construct, operate, maintain and remove storm drainage and grading improvements, as shown on the approved Utility Plans for The Greens At CollindaI6 P.U.D. dated November 1996 under and across all of the hereinafter described real property fully described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). In addition, the Grantee may use the Property for access to maintain other utilities on the P.U.D., provided, however, that no such use shall interfere with or impair Grantor's use of the Property. Grantee shall be responsible for all damages caused, to Grantor or Grantor's property arising from the Grantee's exercise of the rights herein granted, including, but not limited, to restoring the Collindale Golf Course to a condition comparable to the condition it was in just prior to the disturbance. The Grantee also covenants and agrees to maintain; and, if necessary, restore the easement and to construct of install, maintain; and, if necessary, restore any landscaping, berms, Irrigation systems, fences, or other improvements thereon so as to be in compliance with Utility Plans, Site Plan and Landscaping Plan for the P.U.D. Grantee agrees to Indemnify and hold Grantor harmless from any claim, loss or damage, Including reasonable attorney' s fees, arising out of or in any way associated with Grantee's use of the easement. In addition, the Grantee shall not exercise any rights herein granted that shall interfere, hinder or in any way disrupt the Grantor's use of Grantor's property. The Grantor reserves the riyht to occupy and use said easement for all purposes not inconsistent with the rights hetein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective party. WITNESS OUR HANDS AND SEALS this (��ay of *� r 1997, pursuant to Ordinance No. 4. 1997, adopted on second reading by the, Grantor on February 18, tu,ll�ee� 1 I49 W,fWa_ a-w RJ.tz�t C—OVT CoC SL�a goS�S CITY OF FORT COLL]NS,�OLORADO, a Munici orporation Z By: Mayor APPROVED AS TO FORM: Assistant City Attorn STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) The fTqregoing, instrument was acknowledged b fore mfe this/ aay of MA 1997, by ; as Mayor and attested by Jaxdcras,Ci Clerk. Witness my hand and official seal. My Commission expires: 3� n Notary Public T ? U " A.• a 2 EXHIBIT "A" A Drainage Easement on, over and across a portion of the Northwest Quarter of Section 31, T7N, R68W, of the 6th P.M., City of Ft. Collins, Larimer County, Colorado. More particularly described as follows: Considering the North line of the Northwest Quarter of said Section 31 as bearing N 90°00'00" E as determined by monuments found at the Northwest Corner and at the North Quarter Comer of said Section 31, and with all bearings contained herein relative thereto. Commencing at the Northwest Corner of said Section 31; thence S 43045'45" E 1830.92 feet; thence S 21 °00'40" W 212.05 feet; thence S 60-19-00" E 85.94 feet to a point on the Easterly Right-of-way of Lemay Avenue said point being on the North line of a tract as described in Book 1314, Page 524; thence along said line S 60019'00" E 124.06 feet to the TRUE POINT OF BEGINNING of this easement; thence S 00000'00" E 978.92 feet; thence N 86005" 7" E 10.02 feet; thence N 00000'00" W 978.23 feet; thence N 90°00'00" W 10.00 feet to the TRUE POINT OF BEGINNING. The above described easement covers 0.22 Acres t, and is subject to any and all conditions, easements and Rights -of -Way which may exist or be of record. RCPTN M 97015657 03/13/97 14:30;00 # PAGES 3 FEE - $16.00 M RODENBERGER RECORDER, LARSMER COUNTY CO STATE DOC FEE - $.00 [LDSRCE.EAS 2/13/971 EASEMENT The undersigned Grantor for and In consideration of Ninle Thousand Thirty -Three Dollars ($9,033.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto LAND SOURCE L.L.C„ whose address Is 145 West Swallow Road, #9, Fort Collins, Colorado 810525 (the "Grantee"), his successors, assigns, lessees, licensees and agents, a non-exclusive, perpetual easement and the right to construct, operate, maintain and remove si6tary sewer and storm drainage Improvements; as shown on the approved Utility F>Ians for The Greens At Collindale P.U.D. (the "P.U.D") dated November 1996, under and across all of the hereinafter described real property fully described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). Grantee shall be responsible for all damages caused! to Grantor or Grantor's property arising from the Grantee's exercise of the rights herein tjranted, Including, but not limited to, restoring the Collindale Golf Course to a condition carnparable to the condition it was In Just prior to the disturbance. The Grantee also covenants and agrees to maintain; and, If necessary, restore the easement; and to construct o,'I install, maintain; and, If necessary, restore, any landscaping, berms, Irrigation systems, fences, or other improvements thereon so as to result In compliance with Utility Plans, Site Plan and Landscaping Plan for the P.U.D. Grantee agrees to indemnify aiid hold Grantor harmless from any claim, loss or damage, Including reasonable attorney'; fees, arising out of or In any way associated with Grantee's use of the easement. In addition, the Grantee shall not exercise any rights herein granted that shall interfere, hinder yr to any way disrupt the Grantor's use of Grantors property. The Grantor reserves the right to occupy and use said easement for all purposes not inconsistent with the rights herein granted. The rights, conditions and provisions of this easement shall Inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of !the respective party. WITNESS OUR HANDS AND SEALS this (&(d ay of 1997, pursuant to Ordinance N. 4, 1997, adopted on second reading b)i the Grantor on February 18, 1997, 1 1 W�`t�a.VA k)OtV-01k J1, [its W t5uj0.aota ki. k� (-wr (e "t co fvsS ,g CITY OF F-GRT COLLINS, COLORADO, a Municipal Corporation,,, -- By:' ayor .APPROVED AS TO FORM: Assistant City AttorneX , STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) Th fore oing instrument was acknowledged 1997, by Ri as Mayor and attested to Witness my hand and official seal. befgre me this /3 day of by L� ab�CIerk. My Commission expires: 1 31 $ Notary Public +T�0 2 EXHIBIT "A" A Sanitary Sewer and Drainage Easement on, over and across a portion of the Northwest Quarter of Section 31, T7N, R68W, of the 6th P.M., City of Ft. Collins, Larimer County, Colorado. More particularly described as follows: Considering the North line of the Northwest Quarter of said Section 31 as bearing N 90000'00" E as determined by monuments found at the Northwest Corner and at the North Quarter Corner of said Section 31, and with ail bearings contained herein relative thereto. Commencing at the Northwest Corner of said Section 31; thence S 43045'45" E 1830.92 feet; thence S 21 °00'40" W 212.05 feet; thence S 60019'00" E 85.94 feet to a point on the Easterly Right-of-way of Lemay Avenue said point being on the North line of a tract as described in Book 1314, Page 524, thence along said line S 60'19'00" E 124.06 feet to the TRUE POINT OF BEGINNING of this easement; thence S 00000'00" E 1018.08 feet to a point on the North Line of Golden Meadows Subdivision Second Filing according to the plat recorded in Book 1951, Page 776-778 in the records of the Larimer County Clerk and Recorder and THE TRUE POINT OF BEGINNING of this easement; thence along said line S 8904411" E 947.38 feet; thence departing from said line N 03°49'03" W 30.08 feet; thence N 89'44'11" W 619.65 feet; thence N 03054'43" W 32.86 feet; thence S 86°05'17" W 324.24 feet; thence S 00°00'00" E 39.16 feet to the TRUE POINT OF BEGINNING. The above described easement covers 0.81 Acres + and is subject to any and all conditions, easements and Rights -of -Way which may exist or be of record. Easement EXHIBIT Z N90'00 90,w \ ol0 LdT I = I Las I Lars I I Ld 6, I Lore Ih N N im Laf7 I IQ I Lora I fp Perm10en! Or0vt age Eosement N. T..S a I Io �o � Ig MW O I Lew o I cGb//Ca~ La IN II 30 foot Permanent Uti/iYy and Dminags Easement � (sanitary sewer) 0 r.,,A0ryfEasloement pAq N86'05"17E 324.74�_ _ S89'44'11 E_ _ _ _ 00 10.02' '° 3f4.22' ___ _ _ — — _ lf ---- 589'44 ---- 619.65'---- c.�o N89'44'1I "W 947.J8' m OWOW ANMabW Sherman Court--� MTST, INC. Consulting Engineers