HomeMy WebLinkAboutGREENBRIAR REPLAT - Filed ED-EASEMENT DEDICATION - 2002-12-18RCPT A # 87028669 05/1 37 11 :10 :52 # OF PA 3EF - 5 FEE - $1 5.00
4 RODE 4BERIER, RECORDER - LARI BIER COU 4TY, CO STATE JOC FEE $.00
DEED OF EASEMENT
THIS DEED, made this 54;� day of M Gly , 1987, between
ROBERT L. LEE and JUDY C. LEE and JAMES W. DAY and PATRICIA M.
DAY ("Grantors") of the County of Larimer, State of Colorado,
whose address is 1733 Lindenmeier Road, Fort Collins, Colorado,
80524 and the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation ("Grantee"), whose address is 300 LaPorte Avenue,
Fort Collins, Colorado 80521.
KNOW ALL MEN BY THESE PRESENTS: That the undersigned
Grantors being the owners of the following described land to -wit:
All that part of the Southeast 1/4 of the
Southeast 1/4 of Section 36, Township 8 North,
Range 69 West of the Sixth P.M., City of Fort
Collins, County of Larimer, State of Colorado
do hereby grant, sell and convey to the Grantee, its successors
and assigns, a perpetual easement and right-of-way to install,
operate, maintain, repair, reconstruct, replace, inspect and
remove at any time a permanent storm drainage line fifteen feet
(151) in width, more particularly described as follows:
Considering the South line of the said Southeast
1/4 as bearing S 89056114" E and with all
bearings contained herein relative thereto and
beginning at a point on the said South line which
bears N 89056114" W 290.00 feet from the
Southeast corner of said Section 36 and run
thence N 89056114" W 180.00 feet; thence N
00003146" E 15.00 feet; thence S 89056114" E
180.00 feet; thence S 00003146" W 15.00 feet to
the point of beginning
together with a right-of-way for access, on, along and in all of
the easements described herein of those certain lands referenced
above and owned by Grantors.
In addition thereto, Grantors grant to the Grantee a
temporary construction easement not to exceed ten (10) feet on
the North side of the aforementioned permanent easement for the
purpose of constructing the aforementioned 15.00 foot wide storm
drainage line. As a condition to 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 Grantors further grant to the Grantee:
(a) the right of ingress to and egress from said easements
over and across said lands of the Grantors by means of
roads and lanes thereon, if such there be, otherwise by
such route or routes as shall occasion the least
practicable damage and inconvenience to the Grantor;
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 storm drainage
lines or structures constructed hereunder with any other
number or type of storm drainage lines or 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 placed in locations which will not
interfere with any reasonable use Grantors shall make of
said easements.
The Grantee hereby covenants and agrees to indemnify
Grantors against any loss or damage which shall be caused by any
wrongful. or negligent act or omission of Grantee or of its agents
or employees in the course of their employment.
The Grantors state that they are the lawful owner in fee
simple of the real property described herein; that they have a
good and lawful right and authority to grant, sell and convey
said property or any part 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 of the
parties hereto, their respective heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, the Grantors have hereunto set their
hand and seal the day and year first above written; and the
Grantee has caused this Agreement to be executed by its Mayor,
attested to by its City Clerk, and its corporate seal to be
2
hereunto affixed, all pursuant to a motion adopted by the City
Council of the City of Fort Collins on the `�EH day of ` a\,
1987.
Grantor
i
JUDY C. LEA; Granto �"
JAM W. �DAY, Grantor
R
C Y,
Gr
STATE OF COLORADO )
) ss .
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
1987 by Robert L. and Judy C. Lee and James �and Patricia
Dav as Grantors.
My connnission expires:
3
Accepted by the City of Fort Collins, Colorado, this
day of 1987•
CITY OF FORT COLLINS, COLORADO
B
Ma Y.qf .
ATTEST:
City Clerk
4
ATTORNEY'S CERTIFICATE
This is to certify that on the day of ;✓/'
1987, 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.
MARCH, MYATT, KORB, CARROLL & BRANDES
Registration No. 6402
By;:
Lucia A. Liley
110 East Oak Street
P. 0. Box 469
Fort Collins, Colorado 80522
303/482-4322
61
I
NTS
1
Map #1