HomeMy WebLinkAboutWESTFIELD - Filed ED-EASEMENT DEDICATION - 2002-12-13RCPTN # 88011256 03/ '88 11:30:25 # OF PAGF - 5 FEE - $15.00
A. RODENBERGER, RECORDER — LARIMER COJNTY CO STATE uOC FEE— $.00
DEED OF EASEMENT
THIS DEED, made this 7- day of % ct-,,G �7 , 1988, between MARION HAZEL
BONNEMA of the County of Larimer, State of Colorado, GRANTOR, whose address is
3317 Terrywood Road, Fort Collins, CO 80524, 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 THREE THOUSAND THREE HUNDRED TWENTY-NINE DOLLARS
($3,329.00), 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 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, to
install, operate, maintain, repair, reconstruct, replace, inspect and remove,
at any time and from time to time underground utilities.
In addition thereto, Grantor grants to the Grantee a temporary
construction easement not to exceed fifty (50) feet on the easterly side of
the aforementioned permanent easement for the purpose of constructing the
aforementioned public improvements. As a condition of the granting of this
temporary construction easement, the Grantee covenants and agrees to restore
said lands, landscaping, fences, or other improvements to a level comparable
with their original condition.
The Grantor further grants to the Grantee:
(a) the right of ingress to and egress from said easements over and
across said lands of tine Grantor by means of roads and lanes
thereon; provided, that if any portion of said lands is or shall
be subdivided and dedicated roads or highways on such portion
shall extend to said easements, said right of ingress and egress
on said portion shall be confined to such dedicated roads and
highways;
(b) the right from time to time to enlarge, improve, reconstruct,
relocate and replace any public improvements, or other
structures constructed hereunder with any other number or type
of public improvements, or other structures either in the
original location or at any alternate location or locations
within said easements;
(c) the right to install, maintain and use gates in all fences which
now cross or shall hereafter cross said easements;
(d) the right to mark the location of said easements by suitable
markers set in the ground; provided that said markers shall be
A PERMANENT 30' AND 34' UTILITY EASEMENT AND A
TEMPORARY 100' AND 45' CONSTRUCTION EASEMENT LOCATED IN
SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
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STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this _7 � day of
1988, by Marion Hazel Bonnema, as Grantor.
Witness my hand and official seal.
My Commission expires: it`%-y !3z 19 ;5>,�;10 • 4'.'�-
lc�la ry Public
Address: �f_�_a�c� 84SZ/
Accepted by the City of Fort Collins, Colorado this day of
1988.
ATTEST:
City Clerk
(CORPORATE SEAL)
CIT1" 0 FORT COLLI CO,LORA
By—------"—--------- --
Ci'ty Manager
Appr0 over;fJs � ,- =ori„:
'x..sF .r..�i� ��t,� ,�•,ttor�ey /
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 full enjoyment of the rights hereby granted; and
the parties further agree that the uses of said easement 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 said easements.
(c) Grantor shall not landscape the easement without receiving prior
written approval from the Grantee's Planning and Water Utility
Departments.
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.
Whenever used herein, the singular number shall include the plural, the
plural the singular; and the use of any gender shall he applicable to all
genders. All of the covenants herein contained shall run with the property
described herein, 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, all pursuant to a motion
adorted by the City Council of the City of Fort Collins on the JLt� day of
1988
lkot`nHaz—el B ema, raptor
A PERMANENT 50' UTILITY EASEMENT AND A
TEMPORARY 50' CONSTRUCTION EASEMENT LOCATED IN
SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF
THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO.
30'
�)
__ 2('0.00'
TWESTFIeLD 505P
LOT 5
SDI GON6TRUG1' ION
EASEMENT
I BONNEMATES , . ,- I I REC. NO. 87013010
I
IS0PeRM.91stAEWT
EASE eN T
2100.00'
,,--GENTEKLINE
Tm..
[nq.ne—nq Co. wlums
SHEET 2 OF 2
A PERMANENT 50' UTILITY EASEMENT AND A
TEMPORARY 50' CONSTRUCTION EASEMENT LOCATED IN
SECTION 349 TOWNSHIP 7 NORTH, RANGE 69 WEST OF
THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO.
DESCRIPTION
A 50 foot permanent utility easement and a 50 foot temporary con-
struction easement on, over and across a certain parcel of land
being a portion of Westfield Subdivision located in Section 34,
Township 7 North, Range 69 West of the 6th P.M. ("subject
parcel" County of Larimer, State of Colorado, and described as
follows:
A permanent easement being the West 50.00 feet of Lot 5, Block 2
of said Westfield Subdivision according to the plat on file in
the records of said County.
Also; a temporary construction easement being the East 50.00 feet
of the West 100.00 feet of said Westfield Subdivision. Tile loca-
tion of said easement in.relation to the subject parcel is fur-
ther illustrated on the attached Exhibit "A".
The above described -permanent easement contains 0.132 acres and
the above described temporary construction easement contains
0.132 acres and is subject to all easement, restriction and
rights -of -ways now on record or existing.
RBD, Inc.
��
Terry G. Everett, P.L.S.
Colorado Reg. No. 17483
:1 ..
c..a....Y...,y co. SWIA.0
SHEET 1 OF 2
880117939 o4/20/88 15:41:019 4 OF PAVES — 5 FEE — 515.00
BERGER, RECORDER — LARIMER COUNTY CO STATE DOC FEE— S.00
DEED OF EASEMENT
THIS DEED, made 1-his 10thiay of February , 19,? 8 , hetween STATE
FEDERAL SAVINGS AND LOAN ASSOCIATION OF LUBBOCK a/k/a STATE SAVINGS AND LOAN
ASSOCIATION OF LUBBOCK of the County of Dallas , State of Texas,
GRANTOR, whose address is 16910 'Norm Dallas Parkway, Dallas, Texas 75248, 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 TEN DOLLARS ($10.00), and other good a.nd valuable
consideration in hand paid by the Grantee to the Grantor, the receipt and
adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and
conveys to the Grantee, its successors and assigns, a perpetual easement and
right-of-way on, along, through and under all of the hereinafter described
real property situated in the County of Larimer, State of Colorado, being
described more fully on Exhibit "A" attached hereto, and by this reference
made a part hereof, to install, operate, maintain, repair, reconstruct,
replace, inspect and remove, at any time and from time to time underground
utilities.
In addition thereto, Grantor grants to the Grantee a temporary
construction easement as described in Exhibit "A" for the purpose of
constructing the aforementioned public improvements. As a condition of the
granting of this temporary construction easement, the Grantee covenants and
agrees to restore said lands, landscaping, fences, or other improvements to a
level comparable with their original condition.
The Grantor further grants to the Grantee:
(a) the right of ingress to and egress from said easements over and
across said lands of the Grantor by means of roads and lanes
thereon; provided, that if any portion of said lands is or shall
be subdivided and dedicated roads or highways on such portion
shall extend to said easements, said right of ingress and egress
on said portion shall be confined to such dedicated roads and
highways;
(b) the right from time to time to enlarge, improve, reconstruct,
relocate and replace any public improvements, or other
structures constructed hereunder with any other number or type
of public improvements, or other structures either in the
original location or at any alternate location or locations-$
within said easements;,
(c) the right to mark the location of said easements by suitable
markers set in the ground; provided that said markers shall be cam!
placed in locations which will not interfere with any reasonable
use Grantor shall make of said easements. �.
Return to. �J
Stewart Title
Grantor reserves *he right to use said easements for purposes which will
not interfere with Grantee's full enjoyment of the rights hereby granted; and
the parties further agrae that the uses of said easement by Grantor and the
agreements concerning those uses shall be as follows:
(a) Grantor shall not erect or construct any building, fence 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 said easements.
(c) Grantor shall not landscape the easement without receiving prior
written approval from the Grantee's Planning and Water Utility
Departments.
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.
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 run with the property
described herein, 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, all pursuant to a motion
adop ed by the City Council of the City of Fort Collins on the day of
2
STATE FEDERAL SAVINGS AND LOAN
ASSOCIATION OF LUBBOCK a/k/a STATE
SAVINGS AND LOAN ASSOCIATION OF
LUBBOCK
By:,-�
Title
STATE
ss.
COUNTY OL)Ga',-6-4
Subscribe and swor to before me this /,rday of—/
198? , by �Q�� .L�-�_� a s
Witness my hand and official seal.
My Commission expires: __��. a?, q 9 Z
(� it
Notary Public �/-
i,/,9ic /1.
Address:( �4k 752
Accepted by the City of Fort Collins, Colorado this 'tit' day of
198'---.
ATTEST:
(u' City
(CORPORATE SEAL)
CITY OF FORT COLL NS, OLORADO
By
City Manager
3
A PERMANENT 30' AND 34' UTILITY EASEMENT AND A
TEMPORARY 100' AND 45' CONSTRUCTION EASEMENT LOCATED IN
SECTION 349 TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
DESCRIPTION
A permanent utility easement and a temporary construction ease-
ment on, over and across a certain parcel of land described in
Book 2202, Page 1335, Larimer County records located in Section
34, Township 7 North, Range 69 West of the 6th P.N. ("subject
arcel" , County of Larimer, State of Colorado, and described as
follows:
That portion of a permanent easement 30 feet in width located on
the subject parcel with foreshortened and prolonged sidelines to
meet the property lines of the subject parcel and shall be 15
feet Easterly and 15 feet Westerly as measured at right angles
and parallel with the centerline as constructed and the center-
line described as follows:
Also; a construction easement 45 feet in width located on the
subject.parcel with foreshortened and prolonged sidelines to meet
the property lines of the subject parcel and shall be the
Westerly 45 feet of the Westerly 60 feet as measured at right
angles and parallel with the centerline as constructed and the
centerline described as follows:
Considering the East-West centerline of said Section 34 as
bearing, South 89' S0146" West and with all bearings contained
herein relative theretot
Commencing at the East Quarter of said Section 34; thence along
the said East-West centerline, South 89,50146" West, 45.00 feet
to a point on said described centerline, said point being the
POINT OF BEGINNING; thence along said centerline, South 0*14151"
East, 531.27 feet to point "A".
ALSO;
That portion of a permanent easement 34 feet in width located on
the subject parcel with foreshortened and prolonged sidelines to
meet the property lines of the subject parcel and shall be 18
feet Northerly and 16 feet Southerly as measured at right angles
and parallel with the centerline as constructed and the center-
line described as follows:
Also; a construction easement 100 feet in width located on the
subject parcel with foreshortened and prolonged side lines to
meet the property lines of the subject parcel and shall be 65
feet Northerly and 35 feet Southerly as measured at right angle
and parallel with the centerline as constructed and the center-
line described as followst
BEGINNING at aforementioned point "A"; thence along said
described centerline, South 89' 45'09" West, 158.56 feet to a
point on a curve concave to the Northeast, having a central angle
of 51'21'30", a radius of 559.00 feet and the chord of which
bears, North 64'34'06" West, 484.46 feet; thence along the arc of
said curve 501.07 feet; thence, North 38053'21" West, 151.03 feet
to a point on a curve concave to the Southwest, having a central
angle of 37'52'58", a radius of 589.30 feet and the chord of
which bears, North 51'49'50" West, 382.58 feet; thence along the
arc of said curve 389.64 feet; a point on the East-West center-
line said Section 34, said point being the Terminus of said
centerline. The location of said easements in relation to the
subject parcel is further illustrated on the attached Exhibit
nAn
The above described permanent easements contain 1.305 acres more
or less and the above described temporary construction easement,
not subject to the permanent easements, contains 2.017 acres more
or less and is subject to all other easements, restrictions and
rights -of -ways now on record or existing.
RBD, I./
Term rett, P.L. .
Colo. Reg. No. 17483
y con.wum. SHEET 1 OF 2