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Home My WebLink AboutEVERGREEN PARK SECOND - Filed ED-EASEMENT DEDICATION - 2002-12-02RCPTN # 87041065 07/15/87 09:57:22 # OF PA -- - 4 FEE - $12.00 M RODENBER;ER, RECORDI - LARIMER COUNTY, CO STA__ DOC FEE $.00 DEED OF EASEMENT THIS DEED, made this � � day of 1987-, between Evergreen Park 2, a partnership of thd County of Den- ver, State of Colorado, GRANTOR, and the CIW 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 agree- ments herein set forth, the sum of EIGHTEEN HUNDRED AND N0/100 DOLLARS ($1,800.00), 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 easement and right of way through, along, and in all of the hereinafter described property situated in the County of Larimer, State of Colorado, being described more fully on Exhibit "A" attached thereto and by this reference made a part hereof, the purpose of which easement shall be to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time an under- ground waterline and related structures, and to provide a right of way for ingress and egress. The Grantor further grants to the Grantee: (a) The right of ingress to and egress from said easement over and across the adjoining lands of the Grantor; provided, that if any portion of said lands is or shall be subdivided and dedicated roads or high- ways on such portion shall extend to said easement, said right of ingress and egress on said portion shall be confined to such dedicated roads and high- ways; (b) The right from time to time to enlarge, improve, reconstruct, relocate and replace any waterline, or other structures constructed hereunder with any other number or type of utility facilities, or other struc- tures either in the original location or at any alternate location or locations within said easement; (c) The right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easement; (d) The right to mark the location of said easement by suitable markers set in the ground; provided that said markers shall be placed in locations which will Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. not interfere with any reasonable use Grantor shall make of said easement. Grantor reserves the right to use said easement for any purpose which will not interfere with Grantee's full enjoyment of the rights here granted; and the parties further agree that the uses of said easement by Grantor and the agreements con- cerning those uses shall be as follows: (a) Grantor shall not erect or construct any building or other structure upon said easement; (b) Grantor shall not deposit, deposited, earth, rubbish, stance or material, whether tible, on said easement; shall be permitted to pave improve the surface above pose of installing parking easement. or permit or allow to be debris, or any other sub - combustible or noncombus- except, however, Grantor or otherwise add to or said easement for the _Dur- areas and/or streets or The Grantee hereby covenants and agrees to indemnify gran- tor against any loss or damage which shall be caused by any negligent act or omission of Grantee or of its agents or employees in the course of their employment and in the exercise of the Grantee's rights under this Deed of Easement. 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. The Property herein conveyed is a portion of a larger par- cel of real property owned by the Grantor. The parties hereto anticipate and the Grantor acknowledges that the Grantee's use of the above -mentioned easement may result in certain damages to the remaining real property of the Grantee, including, with- out limitation, damages which may be sustained in common with the general public as well as damages which may be peculiar to the remaining property of the Grantee. The consideration sim- ultaneously paid to the Grantor by the Grantee is in full accord and satisfaction for any such damages. Accordingly, Grantor acknowledges full satisfaction and settlement of, and releases all claims it could have asserted against Grantee in eminent domain proceedings, had this conveyance been accom- plished by court order and judgment, followed by Rule in Con- demnation, rather than by this deed given in lieu of and under threat thereof. 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 OMM of the parties hereto, their respective heirs, personal repre- sentatives, 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 Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to a motion adopted by the City Council of the City of Fort Collins on the ='% day of U',y 198 EVERGREEN PARK 2, A COLORADO PARTNERSHIP � By: Lyle Wp\pnter,/jGenerarl Partner State of Colorado ) �/ City and )ss. County of Denver ) Subscribed and sworn to before me this 4th day of May , 1987, by Lyle Carpenter as general partner of Evergreen Park 2, a Colorado partnership Witness my hand and official seal. My commission expires: January 30, 1988 Notary Public Address: 4800 Happy Canyon Road #150 Denver, Colorado 8U237 Accepted by the City of Fort Collins, Colorado this "7f�' day of ') U l y 198�. ATTEST: 1 City Clerk (CORPORATE SEAL) CITY OF FORT COLLINS, COLORADO By: 2115- M or - 3 - EXHIBIT "A" LEGAL DESCRIPTION - 20' Permanent Utility Easement A strip of land in Lot 14, Block 4, Replat (No. 1) of Evergreen Park according to the recorded plat thereof, City of Fort Col- lins, Larimer County, Colorado; being described as follows: A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line: Begin- ning at the Southeast corner of said Lot 14, Block 4 and con- sidering the South line of said Lot 14 to bear North 89°32132" West, with all bearings contained herein relative thereto; thence Northerly along the East line of said Lot 14 North 00°21'48" East, 26.72 feet to the True Point of Beginning of said reference line; thence departing said East line North 89°313'14" West, 395.00 feet to the West line of said Lot 14 and the point of terminus of this description, with said point of terminus lying 26.87 feet North of the Southwest corner of Lot 14. The above described permanent utility easement con- tains 7,900 square feet, more or less. EXHIBIT "A" Evergreen Park II 2 PERMANENT UTILITY EASEMENT AND -TEMPORARY CONSTRUCTION EASEMENT IN LOT 14, BLOCK 4 REPLAT (NO. 1) OF EVERGREEN PARK CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO BLUE SPRUCE DRIVE MAP #5 TRUE POINT OF BEGINNING 28. B7 SE. CORNER , LOT 14, BLOCK 4 TEMPORARY CONSTRUCTION EASEMENT 20' PERMANENT UTILITY EASEMENT 10' TARANTO. STANTON i TAOGE TA ANT Engineefs STANT SHEE7 SCALE 1': 80' Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.