HomeMy WebLinkAbout3425 SOUTH SHIELDS STREET - Filed RD-ROW DEDICATION - 2003-03-12RCPTN # 85040322 08/15/85 15:28:23 # OF PAGES - 6 FEE -
J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00
A G R E E M E N T
THIS AGREEMENT is made and entered into this /gg 4 day of 41i.5p,
1985, by and between HARL P. CLARK and AUDRIA E. CLARK, whose address is,
for the purposes of this Agreement, 3425 South Shields Street, Fort
Collins, Colorado 80526, hereinafter sometimes collectively referred to as
"Clarks", and THE CITY OF FORT COLLINS, COLORADO, a Municipal corporation,
whose address is, for the purposes of this Agreement, 300 LaPorte Avenue,
Fort Collins, Colorado 80521, hereinafter sometimes referred to as "the
City".
W I T N E S S E T H:
WHEREAS, the Clarks are the owners of certain real property situate
in the County of Larimer, State of Colorado, the legal description of which
is attached hereto as Exhibit "A" and incorporated herein by this reference
thereto, also known as 3425 South Shields Street, Fort Collins, Colorado,
hereinafter sometimes referred to as "the Property"; and
WHEREAS, the City is desirous of acquiring an easement and
right-of-way over, upon, and under a portion of the Property, hereinafter
sometimes referred to as the "Right -of -Way", the legal description of which
is attached hereto as Exhibit "B" and incorporated herein by this reference
thereto; and
WHEREAS, the City is desirous of improving and widening Shields
Street, following acquisition of the right-of-way, and installing base,
asphalt, curb, gutter, sidewalk, landscaping and utilities, all for the
benefit of the City and adjacent property owners.
NOW, THEREFORE, in consideration of the premises, and in further
consideration of the mutual terms and provisions herein -below set forth,
and other goad and valuable consideration, the receipt and adequacy of
which is hereby confessed and acknowledged by each of the parties, it is
agreed:
1. Grant of Easement and Right -of -Way. For and in consideration of
the covenants and agreements herein set forth, and the sum FIVE THOUSAND
ONE HUNDRED -SIXTY DOLLARS ($5,160.00), the receipt of which is hereby
confessed and acknowledged, the Clarks hereby grant, sell, and convey to
the City, 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 public improvements (including,
without limitation, streets, utilities, walks, paths, and drainage
channels) together with a right-of-way for access, on, along, and in all of
the property described in Exhibit "B" hereto. The Clarks further grant to
the City the right, from time to time, to enlarge, improve, reconstruct,
relocate and replace any public improvements or structures constructed
$18.00
X
hereunder with any other number or type of public improvements or
structures either in the original location or locations within said
right-of-way. By granting the easement as described herein, the grantors
do not waive or relinquish any claim they may have to damages arising as a
result of any allegation that grantors may make of limitation of access to
the grantors property in the event that access is not afforded to said
property through the Williamsburg PUD. The grantee, by acceptance hereof,
makes no admission as to either the existence of a limitation of access or
liability therefor, it being the belief of the grantee that any such
limitation, if any, is not compensable in damages.
2. Warranties of City. The City, for itself, its successors and
assigns, hereby warrants, represents, covenants and agrees that the Clarks,
their heirs, successors, or assigns, including any future owner or mortagee
of the property, shall not be liable for payment of any charge, cost,
expense, assessment, reimbursement, or other expense for or with respect to
the improvements to Shields Street performed as a part of the Cunningham
Corner (Phase II) Project, including, but not limited to any base, asphalt,
curb, gutter, sidewalks, landscaping, or other improvements upon Shields
Street or the right-of-way, and that the property shall not be subject to
any lien, assessment, or charge with respect to said improvements, and that
reimbursement for the cost of any such improvement shall not be required as
a condition to the granting of any governmental approval by The City of
Fort Collins with respect to the use or development of the Property.
3. Access on Shields Street. The City hereby warrants, represents,
covenants and agrees to provide two points of right -turn ingress/egress,
for private driveways, onto Shields Street from the Property. The location
of said points of access shall be determined, in the sole discretion of
the Clarks, provided that the centerline of the two points of access shall
be separated by at least one hundred twenty-five (125) feet, and that all
curbcuts shall be designed in accordance with City standards in effect at
the time of design and construction.
4. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
5. Binding Effect and Assignment. The provisions of this Agreement
shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors and assigns.
6. Entire Agreement. This Agreement contains the complete and entire
agreement between the parties regarding the transaction contemplated
herein, and supercedes all prior understandings, if any, between the
parties regarding such matters.
7. Modifications. This Agreement may not be modified, discharged or
changed in any respect whatsoever, except by further agreement in writing
duly executed by the Parties. However, any consent, waiver, approval, or
authorization shall be effective if signed by the party granting or making
such consent, waiver, approval, or authorization.
-11D
8. Severability. The invalidity or unenforceability in any particular
circumstance of any of the provisions of this Agreement shall in no way
affect any of the other terms hereof, which shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the month, day and year first above written.
i � Gam'
rl Clark T�
Audria E. Clark
STATE OF COLORADO)
County of Larimer) ss.
Subscribed and sworn to before me this ofeA 1985, by
Harl P. Clark and Audria E. Clark. Witness,ny and and IfiOal seal.
N a /y i c /
My Commission Expires: �p—�j —D 7
Accepted by the City of Fort Collins, Colorado, this 6�ff day of
1985.
CITY OF FORT C LLINS, COLORADO
by:
��r,ryTci,1a?�1ayo r
ATTEST:
City Clerk
(Corporate Seal)
U
EXHIBIT"A" PAGE 1 of 1
Considering the East line of the SE; of Section 27, Township 7
North, Range 69 West 6th P.M., as bearing North 2653 feet and
with all bearings herein relative thereto:
BEGINNING at a point on the West line of the right of way of.
the present county road, which bears North 663.25 feet and again
N89044'16"W 30 feet from the Southeast corner of said Section 27;
thence along the South line of the N, of Sh of SE; of said Section 27;
N89044'16"W 504.63 feet;
thence North 257.86 feet,
thence S89°44'16"E 504.63 feet to the West line of the right of way
of the present county road;
thence South 257.86 feet to the POINT OF BEGINNING.
,
EXHIBIT is Li ly PAGE 1 of 2
RIGHT -OF- WAY DEDICATION IN THE S.E. 114
OF SECTION 27, T 7N, R 69 W OF THE 6 th P.M..
CITY OF FORT COLLINS, LARIMER COUNTY,
COLORADO
SOUTH
SHIELDS STREET
TARANTO, STANTON & TAGGE
Consulting Engineers
SHEET I OF 2 SHEETS
r/OB # /D • 39S e
EXHIBIT "B" PAGE 2 of 2
LEGAL DESCRIPTION - 20 Foot Right -of -Way
A 20 foot wide right-of-way in that parcel described in Book 1386, Page 594
of the Larimer County records in the Southeast Quarter of Section 27,
Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort
Collins, Larimer County, Colorado be;.g Described as follows: Beginning at
the Southeast corner of said Section 27 and considering the East line of
the Southeast Quarter of said Section 27 to beEr North 00°27'27" West with
all bearings contained herein relative thereto; thence Northerly along said
East line North 00027'27" West, 663.25 feet; thence- &partinq said East
line South 89048'17" West, 30.00 feet to the existing Westerly right-of-way
line of South Shields Street and the True Point Of Beginning of this
description; thence departing said existing right-of-way line South
89°48'17" West, 20.00 feet; thence North 00 27'27 West, 257.86 feet;
thence North 89048'17" East, 20.00 feet to said existing Westerly
right-of-way line; thence Southerly along said existing right-of-way line
South 00°27'27" East, 257.86 feet to the true point of beginning of this
description. The above described right-of-way contains 5,160 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.
Da to
MICHAEL C. CREGGER
Professional Land Surveyor
Colorado Registration Number 22564
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Cy///•.
22564 ;;
TARANTO. STANTON d TAGGE
Consulting Engineers
SHEET 2 OF 2 SH