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HomeMy WebLinkAboutEVERGREEN PARK SECOND REPLAT - Filed ED-EASEMENT DEDICATION - 2003-01-10R(:PTN # y2ilo i -'nr, ; rs/'-�; _ L.- . Uu .t 'r'k�.'.r� - 'Vj lii . Oo DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS: That the undersigned CLASSIC CUSTOM BUILDERS, INC., being the Owner of certain real property in Larimer County, Colorado legally described at Reception No. 92045365 in the Larimer County Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal corporation, for public use forever a permanent easement for Drainage in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such easement. Witness our hands and seals this ,,7 day of Not/ , 1992. ATTEST Title: State of o ) SS County ofLifigee The foregoing instrument was acknowledged bS�re me this ovQ.q- - day of by j&yfA6 AjA Lu. �Pc,uc �}$ .ciB T ' ccRssr c. �Sro afh_. Witness my hand and official seal. My Commission expires: 12, otduy Public Accepted by the City of Fort Collins on /l th day of _ j�. 1992. 1992, N9Y STEPHANIE S. X`" OF %O'B? (OLLI,' S RCPTN # 85054351 1(- -3/85 10:20:06 # OF PA S — FEE — J. ULVANG, RECORDER — i.,ARIMER COUNTY, CO. DOC. t6E— $.00 $''I F. 00 DEED OF EASEMENT THIS DEED, made this day of ��d ��}� ) 198, between PLATTE RIVER POWER AUTHORITY, a political subdivision and public corporation of the State of Colorado, of the County of Larimer, State of Colorado, GRANTOR, whose address is Timberline and Horsetooth Roads, Ft. Collins, CO 80525, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 8U521. WITNESSETH: That for and in consideration of the covenants and agreements herein set forth, the sum of TEN and No/100----------------------- DOLLARS ($lO.UO), 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 to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time underground waterline and structures, together with a right-of-way for access, on, along, and in all of the hereinafter described easements of those certain lands which are 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. In addition thereto, Grantor grants to the Grantee a temporary construction easement being described more fully on Exhibit "A" attached hereto, for the purpose of constructing the aforementioned waterline. 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. 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 waterline, or other structures constructed hereunder with any other number or type of utility facilities, 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 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. The Grantee hereby covenants and agrees to indemnify Grantor against any loss or damage which shall be caused by the exercise of its rights under the easements and said ingress and egress or by any wrongful or negligent act or omission of Grantee or of its agents or employees in the course of their employment. Grantee further covenants and agrees to restore any lands, landscaping, fences or other improvements of Grantor which may be damaged or disturbed through exercise of the rights granted hereunder to a level comparable with their original condition. 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 be binding upon and inure to the benefit of the paries 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 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 2C4—* day of AuGLts+ , 1985 %­1 l� PLATTE RIVER POWER AUTHORITY a Political Subdivision and Public Corporation of th Sta of Colorado Bill,�5flmak, Asst. General Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Su scribed an sw r , to before me this 7]Lh day of 1965 , by as Nh Witness my hand and official seal. o�y My Commission expires:GUi lg�7 tary Yublic Address: -J' Accepted by the City of Fort Collins, Colorado this 20t'^ day of Au USf, 1985 CITY OF FORT COLLINS, COLORADO By ayor ATTEST: City Clerk (CORPORATE SEAL) EXHIBIT "A" PRPA PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN LOTS 46, 4 7 & 49, BLOCK 4, REPLA T OF EVERGREEN PARK SECOND FILING, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO TRUE POINT OF BEGINNING #2 S 00'09'28'W �— 22.43 CURVE M TA RADIUS ARC CHORD BRB CHaw 1 70'31'41' 15.00 18.46 N 12'40'45'E 17.32 2 70'31.42' 15.00 18.46 S 8312'27'W 17.32 3 42'4019, 27.98 20.84 N 69'16'44E 20.36. to 4 76'39.27' 15.00 20.07 N 0936'51'E 18.61 5 16'39'27' 50.00 14.54 N 20 '23'09'M 14.49 'O 6 18 39.27' 50.00 14. 54 N 63'43'40'W 14. 49 7 76*39'27' 15.00 20.07 S 86'16'!9'W 18.61 8 42:12:52: 330.15 243.25 S 69:03:02-W 237.78 9 90 00 00 15.00 23.56 S 45OR 28'W 21.21 PERMANENT UTILITY EASEMENT #2 ti �\ SCALE 1": 50' u\ \ \ A Z� e WaT�\ NNN N LOT 46�N \ m TEMPORARY y CONSTRUCTION EASEMENT #2 LOT 47 / / LOT 48 PERMANENT UTILITY ��e� \' 2 EASEMENT # 1 s. LOT 49 I TEMPORARY 3' I CONSTRUCTION to� of EASEMENT # 1 pj� N'N q t �Ih 3 00 '20 '53 "W TRUE POINT OF BEGINNING # 1 TARANTO, STANTON & TAGGE Consulting Engineers SHEET 1 OF 3 SHEETS vob 0/0-09/- /," LEGAL DESCRIPTION - Permanent Utility Easement and Temporary Construction Easement No.l A strip of land in Lot 49, Block 4, Replat of Evergreen Park Second Filing, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado, being described as follows: Beginning at the Southwest corner of said Lot 49, said corner being the True Point Of Beginning of this description and considering the West line of said Lot 49 to bear North 00°20'53" East, with all bearings contained herein, relative thereto; thence along the Southerly and Easterly lines of said Lot 49 South 89°23'06" East, 35.24 feet; thence along a curve to the left having a delta of 42 40 19 , a radius of 27.98 feet, an arc of 20.84 feet, and a long chord which bears North 69°16'44" East, 20.36 feet; thence North 47°56'35" East, 73.77 feet; thence along a curve to the left, having a delta of 70°31'41", a radius of 15.00 feet, an arc of 18.46 feet, and a long chord which bears North 12°40'45" East, 17.32 feet; thence departing said Easterly line South 47°56'35" West, 80.18 feet; thence North 89°23'06" West, 53.21 feet to the West line of said Lot 49; thence Southerly along said West line South 00°20'53" West, 20.00 feet to the true point of beginning of this description. The above described tract contains 1,800 square feet, more or less; together with the following described temporary construction easement: A strip of land in Lot 49, Block 4, Replat of Evergreen Park Second Filing according the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: Beginning at the Southwest corner of said Lot 49 said corner being the True Point Of Beginning of this description and considering the 'pest line of said Lot 49 to bear North 00"20'53" East, with all bearings contained herein, relative thereto; thence along the Southerly and Easterly lines of said Lot 49 South 89°23'06" East, 35.24 feet; thence along a curve to the left having a delta of 42°40'19", a radius of 27.98 feet, an arc of 20.84 feet and a long chord which bears North 69°16'44" East, 20.36 feet; thence North 47°56'35" East, 73.77 feet; thence along a curve to the left having a delta of 76°39'27", a radius of 15.00 feet, an arc of 20.07 feet, and a long chord which bears North 09°36'51" East, 1-8.61 feet; thence along a curve to the right having a delta of 16°39'27", a radius of 50.00 feet, an arc of 14.54 feet, and a long chord which bears North 20°23'09" West, 14.49 feet; thence departing said Easterly line South 47°56'35" West, 80.12 feet; thence North 89°23'06" West, 47.42 feet to the West line of said Lot 49; thence Southerly along said West line South 00°20'53" West, 35.00 feet to the true point of beginning of this description. The above described temporary construction easement contains 3,800 square feet, more or less. TARANTO, STANTON & TAGGE Consulting Engineers SHEET 2 OF 3 SHEETS c%6 * /o - o 1:91i- 133 ,— i LEGAL DESCRIPTION - Permanent Utility Easement & Temporary Construction Easement No.2 A portion of Lot 46, Block 4, Replat of Evergreen Park Second Filing, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado, being described as follows: Beginning at the Northeast corner of said Lot 46, said corner being the True Point Of Beginning of this description, and considering the East line of said Lot 46 to bear South 00°09'28" West, with all bearings contained herein relative thereto; thence along the Easterly and Southerly lines of said Lot 46, South 00°09'28" West, 22.43 feet; thence along a curve to the right having a delta of 90°00'00", a radius of 15.00 feet, an arc of 23.56 feet, and a long chord which bears South 45°09'28" West, 21.21 feet; thence along a curve to the left having a delta of 42°12'52", a radius of 330.15 feet, an arc of 243.25 feet, and a long chord which bears South 69°03'02" West, 237.78 feet; thence South 47°56'36" West, 35.95 feet; thence along a curve to the right having a delta of 70°31'42", a radius of 15.00 feet, an arc 18.46 feet, and a long chord which bears South 83012'27" West, 17.32 feet; thence departing said Southerly line i,lorth 47°56'35" East, 222.22 feet to the North line of said Lot 46; thence Easterly along said North line South O I II 89 50 32 East, 116.06 feet to the true point of beginning of this description. The above described permanent utility easement contains 8,700 square feet, more or less; together with the following described temporary construction easement: A portion of Lots 46 and 47, Block 4, Replat of Evergreen Park Second Filing, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado, being described as follows: Beginning at the Northeast corner of said Lot 46, said corner being the True Point Of Beginning of this description and considering the East line of said Lot 46 to bear South 00°09'28" West with all bearings contained herein relative thereto; thence along the Easterly and Southerly lines of said Lot 46, South 00°09'28" latest, 22.43 feet; thence along a curve to the right having a delta of 90°00'00", a radius of 15.00 feet, an arc of 23.56 feet, and a long chord which bears South 45O 09I 28II West, 21.21 feet; thence along a curve to the left having a delta of 42°12'52", a radius of 330.15 feet, an arc of 243.25 feet, and a long chord which bears South 69°03'02" West, 237.78 feet; thence South 47056'36" West, 35.95 feet; thence along a curve to the right having a delta of 76°39'27", a radius of 15.00 feet, an arc of 20.07 feet, and a long chord which bears South 86°16'19" West, 18.61 feet; thence along a curve to the left having a delta of 16°39'27", a radius of 50.00 feet, an arc of 14.54 feet, and a long chord which bears North 63°43'40" West, 14.49 feet; thence departing said Southerly line North 47°56'35" East, 211.49 feet to the North line of said Lot 46; thence Easterly along said North line South 89°50'32" East, 138.38 feet to the true point of beginning of this description. The above described temporary construction easement contains 11,900 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, description were prepared and correct to the best of _ /6, i9V'V5 Date do hereby certify that this plat and legal by me or under my direct supervision and are true my knowledge. J � h1ICHAEL C. CREGGER '-- - '` Professional Land Surveyor o; Number 22564 Colorado Registration C TARANTO, STANTON & TAGGE Consulting Engineers SHEET 3 OF 3 SHEETS 1-/0b #/0-0';?'/-/3.3 RCPTN # 85042178 08/ i85 15:09:12 # OF PAGE - 6 FEE - $18.00 J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00 DEED OF EASEMENT THIS DEED, made this c{ o-' day of (� 9 198 between William G. Brown and Linda Cooper -Brown o , f the County of Larimer, State of Colorado, GRANTOR, whose address is 1206 Coulter Ft. 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 ONE HUNDRED EIGHTY-FOUR AND 00/100 DOLLARS ($184.00), 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 to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time underground waterline and structures, together with a right-of-way for access, on, along, and in all of the hereinafter described easements of those certain lands which are 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. As part of the consideration hereof, and by acceptance of this Ueed of Easement, the Grantee shall, at its own oexpense, accomplish the items listed in Exhibit "B" attached hereto and by reference made a part thereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement not to exceed fifteen (15) feet on the north side of the aforementioned permanent easement for the purpose of constructing the aforementioned waterline. As a condition of the grantiny 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. 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 waterline, or other structures constructed hereunder with any other number or type of utility facilities, 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 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. The Grantee hereby covenants and agrees to indemnify Grantor against any loss or damage which shall be caused by the exercise of its rights under the easements and said ingress and egress or by any wrongful or negligent act or omission of Grantee or of its agents or employees in the course of their employment. 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 be binding upon and inure to the benefit of the paries 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 Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to a motion adopted by the Ci ty Counci 1 of the Ci ty of Fort Col I i ns on the day of 1981,15 William G. Brown, Grantor Linda Cooper-Brow1n, Grantor STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 9th day of August by WILLIAM G. BROWN and LINDA COOPER -BROWN as Grantors Witness my hand and official seal. , 1985 , My Commission expires: 2/25/89 r w,. Notary Public w Address: 420 South Howes Fort Collins, CO 80521 Accepted by the`City of Fort Collins, Colorado this J- t day of �Ju raj, 1985 . CITY OF FORT COLLINS, COLORADO ATTEST: City Clerk (CORPORATE SEAL) BROWN PERMANENT., TIL I T Y EA SEMENT ND TEMPORA R Y CONSTRUCTION EASEMENT -IN LOT 21, BLOCK 7, REPLA T OF EVERGREEN PARK SECOND FILING, CITY OF FORT COLLINS, LARIMER COUNTY COLORADO TEMPORARY CONSTRUCTION EASEMENT tt_ — — —, -1 � + EASEMENT DETAIL N.T.S. TARANTO, STANTON 6 TAGGE Consulting Engineers SCALE 1" 40'. POINT OF BEGINNING SE. CORNER LOT 21, BLOCK 7 . SOUTHERLY LINE LOT 21, BLOCK 7 REFERENCE LINE JOB w"/0-09/•I33 ATTORNEY'S CERTIFICATE This is to certify that on the a day of Nv , 1992, 1 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 G.R.s 1973, 31-23-111, are as s/}}4Qwn hereon as of said date. V li`�/Lf ���0.-ail!_ ��I/IS fBM �J ✓•1 Cp�'J, Address: v P, Registration No.: D LEGAL DESCRIPTION - Permanent Utility Easement and Temporary Construction Easement Two strips of land in Lot 21, Block 7, Replat of Evergreen Park Second filing according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A permanent utility easement lying 10 feet North of the following described reference line being bounded on the South by the South line of said Lot 21 and a temporary construction easement lying 25 feet North of the following described reference line and being bounded on the South by the South line of said Lot 21: 8eginning at the Southeast corner of said Lot 21 and considering the East line of said Lot 21 to bear North 00"09'28" East with all bearings contained herein relative thereto; thence Northerly along said East line North 00009'28" East, 9.92 feet to the True Point Of Beginning of said reference line; thence departing said Easterly line North 89°32'32" West, 98.18 feet to the Westerly line of said Lot 21 and the point of terminus of this description. The above described permanent utility easement contains 2,000 square feet, more or less, and the above described temporary construction easement contains 3,500 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, do hereby certify that this plat and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. to I9A5 Date C� MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration Number 22564 rp 22564 pe. • • A • rns/fV�yA ••eso•••O�JQ ' EST TARANTO, STANTON & TAGGE Consulting Engineers SHEET 2 OF 2 SHEETS Jo b A.-O. /a- o.,fi -/3.3 EXHIBIT "B" The City agrees to: 1) fence the temporary easement during construction. 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. EXHIBIT "A" A ten -foot -wide permanent easement being five feet on each side of the lot line common to lots 5 & 6, Block I of Evergreen Park, Second Filing, a Subdivisionof the City of Fort Collins, Latimer County, Colorado. Page is too large to OCR. RCPTN # 88012348 03/18/88 11:35:42 # OF PAGE,, - 2 FEE - M. RODEABERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE - AMENDMENT OF EASEMENT THIS AMENDMENT, is made this .J-_SL"Uay of 1988, by and between WILLIAM A. THOMAS, JR., of Larimer, State of Colorado, whose address is Road, Fort Collins, Colorado ("Thomas") and the LINS, whose address is 300 Laporte Avenue, Fort ("City"). WITNESSETH: $6.00 $.00 the County of 1409 Lindenmeyer CITY OF FORT COL - Collins, Colorado WHEREAS, on December 4, 1986, Thomas executed a certain Deed of Easement recorded on December 17, 1986, at Reception Number 86073583 in the Larimer County, Colorado records (hereafter referred to as "the Easement"); and WHEREAS, Exhibit B of the Easement, in paragraph 3 thereof, required the City, as grantee, to remove and replace certain juniper and fruit trees in accordance with Exhibit C (the site plan); and WHEREAS, Thomas and the City desire to amend the Easement to eliminate the requirement that the City replace said juniper trees. NOW, THEREFORE, the parties, in consideration of the City's payment to Thomas of the sum of One Thousand Two Hundred and Twenty-one Dollars ($1221.00), hereby receipted for, do agree that paragraph 3 of Exhibit B of that certain Deed of Easement dated December 4, 1986, and recorded on December 17, 1986, at Reception Number 86073583 of the Larimer County, Colorado records shall be amended by the elimination of the requirement that the City replace the juniper trees effected by the project, it being the understanding that the City, upon payment of the aforemen- tioned sum, shall remove said trees in pursuance of the project, without any obligation of replacing said trees either by replant- ing of the existing trees or replacement with new trees. Except has herein amended, the aforesaid Deed of Easement shall continue in full force and effect. This agreement shall inure to the benefit to the parties hereto, their heirs, succes- sors, representatives and assigns. i IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. v William A. homas, r. STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of %-L , 1988, by William A. Thomas, Jr. Witness my and and official seal. My commission expires�o;-*-_ 9-P�) q� J B� 46tary-Pi CITY OF FORT COLLINS, COLORADO a municipal corporation k��: C 4,i� - Steven C. Burkett, City Manager ATTEST - City Clerk APPROVED ASTOFORM: Assistant City Attorney STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before i , 1988, by Steven C. for the City of Fort Collins, Colorado. Witness my hand and official seal. My commission expires me this M-� day of Burkett, as City Manager Notary Public DEED OF EASEMENT THIS HEED, made this Lft-4 day of Decertil-ber , 198/, , between William A. o Thomas, Jr, 7-the County of Larimer , State of Colorado, o GRANTOR, whose address is 1409 Lindenmeier Rd, Fort Collins,CO, and THE CITY 00 OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 0 300 LaPorte Avenue, Fort Collins, Colorado 8052.1. 1- WITNESSETH: That for and in consideration of the covenants and agreements herein set w forth, the sum of Seven Hundred Forty Four and 96/100 w w DOLLARS (S 744.96 and other good and valuable consideration in hand w paid by the Grantee to the Grantor, the receipt and adequacy of which is w hereby acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, its successors and assigns, a perpetual easement and right-of-way to r install, operate, maintain, repair, reconstruct, replace, inspect and remove, W Q at any tine and from time to time underground storm sewer and structures, r^ together with a right -of -way for access, on, along, and in all of the a � hereinafter described easements of those certain lands which are situated in F:t the County of Larimer, State of Colorado, being described more fully on o Exhibit "A" attached hereto and by this reference made a part hereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement not to exceed twenty (20) feet on west side of the o aforementioned permanent easement for the purpose of constructing the aforementioned storm sewer line. As a part of the consideration hereof, and by o acceptance of this Deed of Easement, the Grantee shall, at its own expense, 0 o accomplish the items listed in Exhibit "B" attached hereto and by reference -4 U made a part hereof. a The Grantor further grants to the Grantee: CO H (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 a be subdivided and dedicated roads or highways on such portion w shall extend to said easements, said right of ingress and egress M on said portion shall be confined to such dedicated roads and n highways; M [� W R5 C (b) the right from time to time to enlarge, improve, reconstruct, co relocate and replace any pipe, or other structures constructed hereunder with any other number or type of utility facilities, or other structures either in the original location or at any N a alternate location or locations within said easements; w % (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 he 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. The Grantee hereby covenants and agrees to indemnify Grantor against any loss or damage which shall be caused by the exercise of its rights under the easements and said ingress and egress or by any wrongful or negligent act or omission of Grantee or of its agents or employees in the course of their employment. 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 thight and authorthat lit to grant, sell and convey said property or any p art 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 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 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 14 th day of L)ecekrIner- , 1981, . STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this `-day of 1981_L, by h ;' i l.d; Witness my hand and official seal. My Commission expires:., j-Grantor Grantor C e c /' . . as Notary ublic Address: f' Accepted by the City of Fort Collins, Colorado this 1 " day of Deremker, 198,E . CITY OF FORT CO LINS, O ORADO By ayor (CORPORATE SEAL) �I EXHIBIT "A" %T.Ra-B. Q \ �= W w $\ \� V)W . .z 20.001 N 890 14' E W ' d prwwwMem-Nalasawl NE COA. sec. 1, i'.7 N., R.69 W. K:Z. COR. %1/2—NE 1/4 1-7- 69 A twenty foot wide permanent storm sewer easement lying in the East Half of Section 1, Township 7, Range 69 West of the 6th P.M., Larimer County, Colorado, being further described as follows: Considering the East Line of said Section 1 as bearing S 000 00� E and with all bearing contained herein relative thereto, beginning at the N.E. Corner of said Section 11 thence S 00° 00' E - 1315.27 feet toethe'NE Corner of the South Half of the NE 1/4 of said Section 1; thence N 89 45 W - 30.00 feet to the true Point of Beginning; thence continuing ,N 89* 45' W - 20.00 feet; thence S 00* WE - 417.00 feet; thence N 89* 14E - 20.00 feat; thence N 00' 00'W - 417.28 feet to the Point of Beginning. EX1.11131T El 1. Fences will be replaced with new fence material of a quality meeting or Exceeding that of the original fence removed or damaged. The posts shall be set in concrete unless Grantor waives the requirement. Wherever applicable, the fence shall be replaced as shown on the attached site plan, Exhibit C. 2. All lawn area damaged by Grantee will be restored with sod placed upon a minimum of six (6) inches of topsoil (not backfill material). Edges of existing sod shall be cleanly rut to provide a tight, uniform edge with the replacement sod. Soil preparation before laying the new sod shall include a thorough raking and fine grading to remove all rocks and foreign material larger than 1 1/2" and provide a smooth level surface to receive the sod. The lawn area 15 defined on Exhibit C, the site plan. 3. The junipers and fruit trees affected by the project shall be removed with a proper size hydraulic sparle in such a manner as to minimize the disturbance to the root system. Uh,-rr; replaced, the new receiving hole shall he over-e cravat;ed one foal; .in oarh direction and the excess volume filled with tops(:)i.l to mz:+ximiz +.lir rr:covery of the trees. The junipers shall not be replaced in the>ir• �sr i.r.JinDI locations, but shall be replaced as shown on Exhibit C, the .-,ite 4. No service (water, electric, phone, gas) shall be cutoff from the property for more than four- (4) hours. In addition, Grantor shall be notified 48 hours in advance of any work that may interrupt said services. 5. Quring the construction reasonable access to the house and greenhouse shall be provided at all times. If rain or other factors related to the project construction make the access prone to rutting severe enough to unduly discourage use by customers of the greenhouse, the contractor will immediately take whatever measures necessary to eliminate such rutting. In most cases this will require the placement and grading of roadbase on the rutted access areas. G. Vegetated areas other than the lawn will be restored by discing the soil to a minimum six inch depth then carefully fine grading the restoration area and removing all rocks and foreign matter larger than 2". The area shall be drill seeded with a dry land seed mix specified by Grantor at the rate of 3 pounds per 1000 square feet of pure live seed. The seeded area must then be protected from erosion with either a dense cover of hay or straw mechanically crimped at least two inches into the soil at the rate of 7000 pounds per acre or by the use of lightweight erosion control blankets (excelsior blankets) stapled to the ground as per manufacturers recommendations. 7. All drives shall be restored with at least 8" of 1" roadbase, a minimum of five feet beyond (in the direction of the drive) the area of drive disturbed by the project. The roadbase shall be well compacted and graded to provide a smooth even surface. 8. The 12" diameter clay irrigation pipe shown on Exhibit C shall be replaced with 12" C.M.P. or other material if approved by the Grantor. EXHIBIT C i APPLE 1 ELM CRAB APPLE ( • .o� F � Y I IOUSf � c I CD CJ; LARGE SPRUCES ELM i0 N. DRIVEWAY Remove © approx. 92 feet of wire fence and replace with two rail wester fence. Material to be supplied by Grantor. If removed or damaged, replace each ®clump of elms with two small fruit trees] species and planting location selected by Grantor. ©Remove approx. 84 feet of white wooden fence and replace with -two rail western fence matching "A" above. OReplace IZ" clay irrigation pipe as per Item D on Exhibit B. OSave upright junipers and replace evenly spaced between driveways as per item 3 on Exhibit B. OArea north of N. driveway shall be restored as per item 2, Exhibit B. GOAreas disturbed by the construction south of the N. driveway shall be restored per item 6 of Exhibit B. 1 E UPRIGHT o JUNIPERS SPREADING o —WOOD SIGN JUNIPERS S. DRIVEWAY ' L ,ndenmeNf iei ^s� (EASEMENT LOCATION VER y THOMAS PROPERTY Stt� t 41409 N. LEMAY I / CONIFER STREET , S 2 W mm JO& Is! MAP #i MAP Citv of Fort Collins Engineering Department 10' wide drainage 7 easement jFQ'y2' ST a w rEVERGREEN K 2nd CONIFER STREET NO SCALE N Q Page is too large to OCR. Page is too large to OCR. R�'PTN # 85047968 09/19/85 14:26:31 # OF PAGES - 6 FSE00 $15.00 J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE - DEED OF EASEMENT THIS DEED, made this 1— day of , 198� , between Robert E. Dietz, III, GRANTOR, whose address is 7617 Edith, N.E., Albuquerque, New Mexico, 87113 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 TWO HT_1NDRED DOLLARS AND NO/100 ($200.00) 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 to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time underground waterline and structures, together with a right-of-way for access, on, along, and in all of the hereinafter described easements of those certain lands which are 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. In addition thereto, Grantor grants to the Grantee a temporary construction easement described more fully on Exhibit "A" attached hereto for the purpose of constructing the aforementioned waterline. 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 waterline, or other structures constructed hereunder with any other number or type of utility facilities, 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 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. The Grantee hereby covenants and agrees to indemnify Grantor against any loss or damage which shall be caused by the exercise of its rights under the easements and said ingress and egress or by any wrongful or negligent act or omission of Grantee or of its agents or employees in the course of their employment. 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 be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and it is expressly understood that the rights herein granted may be assigned by the Grantee, without limitation, to Platte River Authority, Public Service Company of Colorado and such others as may, in Grantee's discretion, be desirable. 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 adog_ted by the City Council of the City of Fort Collins on the 3 day of �, 198__� Robert E. Dietz, Grantor f STATE OF NEW MEXICO ) ) ss. COUNTY OF BERNALILLO) Subscribed and sworn to before me this day of r -- 198 by as — Witness my hand and official seal. My Commission expires: t;- I t t w Notary Public Address: 4 bn ���' V\ 1 , M1 T �� � ,h Accepted by the City of Fort Collins, Colorado this day of 198�-. CITY OF FORT COLLINS, COLORADO By >.y,p Mayor ATTEST: C" )� "- City Clerk (CORPORATE SEAL) Exhibit "A" page 1 of DIETZ - PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN LOT 23, BLOCK 7, REPLAT OF EVERGREEN PARK SECOND FILING, CITY OF FORT COLLINS, LARIMER COUNTY, COL ORADO 0 S U m M N ti O J 2 J 7r. W ti w LOT 23, BLOCK 7 3 SCALE 1 ": 30' W N Q o O O EASEMENT DETAIL N.T.S. TEMPORARY CONSTRUCTION EASEMENT z z x w m O N SOUTHERLY LINE F— LOT 23, BLOCK 7 2 O Q. PERMANENT UTILITY EASEMENT Z — S 89'32'32'E 90.94 S 89 '50 '32'E SW. CORNER CONIFER STREET h LOT 23, a BLOCK 7 TARANTO, STANTON & TAGGE Consulting Engineers v0B 0 /D • D9/• 133 Exhibit "A" page 2 of LEGAL DESCRIPTION - Permanent Utility Easement and Temporary Construction Easement Two strips of land in Lot 23, Block 7, Replat of Evergreen Park Second Filing according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A permanent utility easement lying 10 feet North of the following described reference line and being bounded on the South by the South line of said Lot 23 and a temporary construction easement lying 25 feet North of the following described reference line and being bounded on the South by the South line of said Lot 23: Beginning at the Southwest corner of said Lot 23 and considering the West line of said Lot 23 to bear North 00°09'28" East with all bearings contained herein relative thereto; thence Northerly along said West line North 00°09'28" East, 9.92 feet to the True Point Of Beginning of said reference line; thence departing said West line South 89°32'32" East, 90.94 feet to the Easterly line of said Lot 23 lying 9.45 feet North of the extension of the South line of said Lot 23 and the point of terminus of this description. The above described permanent utility easement contains 1,800 square feet, more or less, and the above described temporary construction easement contains 3,100 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, do hereby certify that this plat and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. c 11 8.5 Date MICR EL . CREG R, Professional Land Surveyor Colorado Registration Number 22564 st TARANTO, STANTON & TAGGE Consulting Engineers SHEET 2 OF 2 4106 /Yo, /D- 09/-/33