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HomeMy WebLinkAboutPRESTON-KELLEY SUBDIVISION - Filed ED-EASEMENT DEDICATION - 2011-12-29OKI996 PGO 1 91 OCT 1619791 !, Recorded _o'clock-& w+. 33 ;A9 GRANT OF EASEMENT THIS INDENTURE, made this ��� day of Cl 171— 1979, by and between BENJAMIN G. PRESTON, ALICE PRESTON and LILLIAN McBRIEN, as parties of the first part, and HEWLETT- PACKARD COMPANY, a California corporation, as party of the second part, L � W I T N E S S E T H: That in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt of which is hereby .�. acknowledged, the first parties have this day bargained and sold, and by these presents do bargain, sell, convey, transfer and deliver unto the second party, its successors and assigns, a permanent easement, including the perpetual right to enter upon the real estate hereinafter described, at any time that it may see fit, and construct, maintain, enlarge and repair a spillway, stilling basin, and canal waste way for purposes r of storm water drainage across, through and over the lands hereinafter described, together with the right to remove trees, bushes and undergrowth and other obstructions interfering with the location, construction and maintenance of said structures, .. and to do all other acts necessary for the construction, - maintenance or repair of said structures. The real property with respect to which said easement is granted is located in Larimer County, Colorado, and is t legally described as follows: Beginning at a point on the South Property Line of the Southeast 1/4 of Section 33, Township 7 North, Range 68 West and at the intersection of the existing easement R. s'• to the North Poudre Irrigation Company as described in s Book 151, Page 309, from which point the Southeast corner of Section 33, Township 7 North, Range 68 West bears South 84037112" West a distance of 50.44 feet; South 17057117" East a distance of 176.13 feet; South 89039148" East a distance of 1143.0 feet; thence, North 84*37112" East a distance of 48.45 feet along the said South Property Line; Thence, North 0019157" East a distance of 43.92 feet; Thence North, 47040103" West a distance of 123.2 feet; Thence, South 17057'17" East a distance of 138.15 feet along the easement to the North Poudre Irrigation Company to the point of beginning. TO HAVE AND TO HOLD said easement and right-of-way unto the second party, and its successors and assigns forever.. In accepting said grant, second party agrees to r'. indemnify first parties, their heirs, successors and assigns, '? as to any damage which first parties may suffer as a result of the construction or maintenance of the drainage structures r.' \' cs•. I 1 . .c_ L' 19 BK1996 PGO10 ? I described above and second parties agree to indemnify and hold harmlessfirst parties, successors and assigns, with tclaimheirhofrany respect toeany third party as to loss or injury as a result of the construc- tion or maintenance of such drainage structures. WHEREOF,IN WITNESS ties have her set their hands andst ealsthe he fday tand ryear first abovvee written. ` BE IN .G. PRF„&�'g _ - ALICE PRESTON 17 ' - LILLIAN MCBRIEN ' i- ? STATE OF COLORADO ) -= COUNTY OF LARIMER j ss. - - The foregoing instrument was subscribed and sworn to before me this f t - PRESTON, ALICE PRESTON andcLI IAN 1979, by BENJAMIN G. McBRIEN. ... � WITNESS my hand and Official cial seal. i My Commission Expires: Notary Public � 1 'M 4 -2-