HomeMy WebLinkAboutPROSPECT II - Filed ED-EASEMENT DEDICATION - 2011-12-09r '32290 P 148 1 588632
COUNTY Or LARIMER
44 SEP 21 PH 4; 17
STATE OF COLORADO
ACCESS EASEMENT AGREEMENT
This Access Easement Agreement is executed this Ac?
day of February, 1984, by and between INVESTWEST PROPERTY
CORPORATION, a Colorado Corporation, hereinafter referred to
as "Investwest", and EDWARD J. MULLANEY and MARK ALLEN MULLANEY,
hereinafter collectively referred to as "Mullaney".
W I T N E S S E T H:
WHEREAS, Investwest is the fee simple owner of that certain
parcel of real property situated in the County of Larimer,
State of Colorado, being more particularly described in Exhibit
A, attached hereto and incorporated by reference herein (herein-
after referred to as "Parcel 1"); and
WHEREAS, Mullaney is the fee simple owner of that certain
parcel of real property situated in the County of Larimer,
State of Colorado, more particularly described in Exhibit B,
attached hereto and incorporated herein by reference (herein-
after referred to as "Parcel 2"); and
WHEREAS, the parties to this Agreement are desirous of
granting to each other an easement for ingress and egress and street
and utility installation, over their respective Parcels of real
property.
NOW, THEREFORE, for and in consideration of the sum of
Ten Dollars ($10.00), each to the other, in hand paid, receipt
of which is hereby acknowledged, the parties hereto agree as
follows, to wit:
1. Investwest does hereby remise, sell, grant, and quit
claim unto Mullaney, their heirs, successors and assigns
an easement on, over, under, and across Parcel 1, which easement
shall be for the purpose of developing, constructing, installing,
maintaining, and operating a road and utility systems which will
permit pedestrian and vehicular access and utility services
to the real property owned by Mullaney adjoining Parcel 2 of
the real property.
2. Mullaney does hereby remise, sell, grant and quit
claim unto Investwest, its successors and assigns an easement
on, over, under and across Parcel 2, which easement shall be for
the purpose of developing, constructing, installing, maintaining,
and operating a road and utility systems which will permit
pedestrian and vehicular access and utility services to the
real property, owned by Investwest adjoining Parcel 1 of the
real property.
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3. The installation of the road shall be undertaken
and performed by Investwest and such cost of installation shall
be borne by Investwest. Subsequent to the installation of said
road, the same shall be repaired and maintained jointly by the
parties and the cost of any such repair and maintenance shall be
shared equally by the parties. Notwithstanding the foregoing with
respect to any utility lines or systems which either of the parties
desire to install under the road, the cost of installation and
maintenance of the same shall be borne by the party whose property
is served by such utility line or system.
4. The easements described herein shall run with the land
and shall inure to the benefit of, be a burden upon the Parcels,
and bind the parties hereto and their respective heirs, successors
and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Access Easement Agreement the day and year first above written.
STATE OF COLORADOY)
COUNTY OF De�v-eq- )
The foregoing Access
R �y rv�onc\ T 3 a `(e v- as
PROPERTY CORPORATION this
INVEST PROPE TY CORPORATION
By.
EDWARD J . ?dU ANEY
a-lekl-le
LLA
Easement Agreement was executed by
-/ .0 of INVESTWEST
the 94�\ day of February, 1984.
My commission expires: Q -y-RCc,
nc+Y1 b C ,
NOTARY PUBLIC II
Address: �(opp S L�oSem to��
% 'e--f\Q c1- . 00 '� 0 a -6-7
82290 P 1 463
InvWest Side
EXHIBIT A
DESCRIPTION OF A 13.00' WIDE, PERMANENT ACCESS EASEMENT
A tract of land located in the Northeast quarter of Section 22,
Township 7 North, Range 69 West, of the 6th P.M. of Larimer
County, Colorado, being more particularly described as follows:
Considering the North line of the said Northeast quarter of
Section 22 as bearing North 90000'00" West and with all bearings
contained herein relative thereto:
Commencing at the Northeast corner of said Section 22: thence
along the said North line, North 90000'00" West 716.48 feet to
the Northeast corner of the plat of the "Amended Plat of Victoria
Lakes" as recorded in Book 2073 Page 122 records of said County;
thence along the East line of said plat of the "Amended Plat of
Victoria Lakes", South 00044'00" East 50.00 feet to the southerly
right-of-way of West Prospect Street and to the True Point of
Beginning of this description; thence continuing along said East
line, South 00044'00" East 295.00 feet; thence South 89016100"
West 13.00 feet; thence North 00044100" West 295.17 feet to the
said southerly right-of-way of West Prospect Street; thence along
said southerly right-of-way North 90000'00" East 13.00 feet to the
True Point of Beginning.
The above described tract contains 0.0881 acres more or less or
3836 sq. ft. and is subject to all easements and rights -of -way
now existing or of record.
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Muliey Side
EXHIBIT B
DESCRIPTION OF A 13.00' WIDE, PERMANENT ACCESS EASEMENT
A tract of land located in the Northeast quarter of Section 22,
Township 7 North, Range 69 West, of the 6th P.M. of Larimer
County, Colorado, being more particularly described as follows:
Considering the North line of the said Northeast quarter of
Section 22 as bearing North 90000'00" West and with all bearings
contained herein relative thereto:
Commencing at the Northeast corner of said Section 22: thence
along the said North line, North 90000'00" West 716.48 feet to
the Northeast corner of the plat of the "Amended Plat of Victoria
Lakes" as recorded in Book 2073 Page 122 records of said County;
thence along the East line of said plat of the "Amended Plat of
Victoria Lakes", South 00044100" East 30.00 feet to the southerly
right-of-way of West Prospect Street and to the True Point of
Beginning of this description; thence continuing along said East
line, South 00044'00" East 315.00 feet; thence North 89016100"
East 13.00 feet; thence North 00044100" West 314.84 feet to the
said southerly right-of-way of West Prospect Street; thence along
said southerly right-of-way North 90000'00" West 13.00 feet to the
True Point of Beginning.
The above described tract contains 0.0940 acres more or less or
4094 sq. ft. and is subject to all easements and rights -of -way
now existing or of record.
17290 P1465
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STATE OF COLORADO )
COUNTY OF )
The foregoing Access Easement Agreement was executed
by EDWARD J. MULLANEY this the day of February, 1984.
My commission expires:
�Nota Pub is
Address:
STATE OF COLORADO
COUNTY OF
The foregoing Access Easement Agreement was executed
by MARK ALLEN MULLANEY this the day of February, 1984.
My commission expires:
t ry Public
Address:
BYZ'0 P1455
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ATTORNEY'S CERTIFICATE
This i 5 to certify that on the 11 day of 19 %4,
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.
Address': rAVI F_ bcky pkC�O 1,440c
OQ.I\xI CO�o -1&0
Registration No. 3A