HomeMy WebLinkAboutFORT COLLINS LOVELAND WATER DISTRICT HARMONY ROAD IRRIGATION LINE - Filed ED-EASEMENT DEDICATION -EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT, made and entered into as of the day of , 2011, by and between
Stoner and Company, Hereinafter referred to as "the Grantor" and SERFER LAND VENTURES, LLC hereinafter
referred to as "the Grantee.
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained and the sum of Ten Dollars
10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and
acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the Grantee, its
successors and assigns, a permanent exclusive easement for the installation, construction, maintenance, inspection,
operation, replacement, or removal of one (1) irrigation pipeline or open ditch for the transmission of irrigation water,
and all underground and surface appurtenances thereto over, across, and upon:
A 10-foot right-of-way and permanent easement as described in the attached Exhibit A and a 30-foot temporary
construction easement as delineated on Exhibit A attached herewith.
The parties hereto acknowledge that said easement and right-of-way (hereinafter referred to as "the Easement")
is located on a parcel of property owned by the Grantor legally described as follows and hereinafter referred to as "the
Grantor's Property":
Reception Number 2010-0010983 of the Larimer County Records, located in the NW '/4, Section 3, Township
6 N, Range 68 W, County of Larimer, State of Colorado.
In addition to the foregoing grant of easement and right-of-way by the Grantor to the Grantee, the Grantor
further grants and conveys to the Grantee the following rights and privileges:
A. The right to grade the Easement for the full width thereof in such manner as the Grantee may
reasonably determine to be necessary or advisable.
B. The right to support pipelines located within the Easement across ravines and watercourses with
such structures as the Grantee shall reasonably determine to be necessary or advisable.
C. The right of ingress and egress to and from the Easement by means of existing roads (whether
public or private) located on the Grantor's Property, if any, or in the absence of such roads, by such other
routes as the Grantee shall determine to be reasonably necessary taking into consideration the minimization of
damage to the Grantor's Property. Notwithstanding the foregoing, in the event the Grantor' Property is
subdivided and in the event roads are dedicated on the plat of such property, which roads provide adequate
access to the Easement, then the Grantee's right of ingress and egress over the Grantor's Property to the
Easement shall be limited to such dedicated roads.
D. The right to grade, construct, maintain, and use any private roads upon the Grantor's Property in
such manner as the Grantee may deem necessary or advisable in the exercise of its right of ingress and egress to
and from the Easement.
E. To install, maintain, and use gates or other livestock barriers on all fences which now cross or
hereafter cross the Easement.
F. To mark the location of the Easement with markers set in the ground provided that any such
markers remaining after the period of construction of the irrigation pipeline and appurtenances shall be placed
in locations which will minimize interference with any reasonable use of the Easement area by the Grantor.
G. All other rights necessary and incident to the full and complete use and enjoyment of the
Easement for the purposes herein granted.
The Grantor hereby covenants and agrees to and with the Grantee, its successors and assigns that:
A. Except as otherwise provided in subparagraph A, the Grantor, its heirs, personal representatives,
administrators, successors, and assigns shall not erect or place any permanent building, structure, improvement,
fence, tree, or other landscaping on the Easement. In the event of the placement of such obstacles on the
Easement contrary to the provisions of this subparagraph A, the Grantee shall have the right to require the
Grantor to remove such obstacles from the Easement and, in the event the Grantor fails to do so upon request,
the Grantee may remove such obstacles without any liability for repair or replacement thereof.
Notwithstanding the foregoing, the Grantor, its heirs, personal representatives, administrators, successors, and
assigns shall have the right, without the consent of the Grantee, to plant grasses and other groundcover and
small shrubs upon the Easement area which are usual and customary for the full use and enjoyment of the
Property. However, the Grantee shall not be responsible for repair or replacement of any "exotic" plantings,
ornamental trees, or similar landscaping other than usual and customary ground covering and shrubs.
B. The Grantor does hereby covenant and agree to and with the Grantee that the Grantor is lawfully
seized of the Easement and the Grantor's Property, and that the Grantor has a good and lawful right to convey
the Easement to the Grantee and that the Grantor warrants the title thereto.
The Grantee does hereby covenant and agree to and with the Grantor as follows:
A. The Grantee shall not fence or otherwise enclose the easement, except during periods of
construction and repair.
B. All trenches and excavations made in the laying or repairing of the irrigation pipeline or
construction of an open ditch shall be properly backfilled and as much of the original surface soil as reasonably
possible shall be placed on top. All large gravel, stones, and clods will be removed from the finished backfill.
The Grantee will finish the backfill after normal settling of the soil so that the use and enjoyment of said
Easement by the Grantor shall be suitable for the purpose now used. The Grantee will maintain the trench area
the irrigation pipeline and/or open ditch.
C. In the event the Grantor's Property is being used for grazing purposes, the Grantee agrees that,
during the period of construction of the irrigation pipeline or any subsequent alteration, removal or replacement
of said irrigation pipeline, the Grantee will leave or arrange for reasonable crossings over the Easement for
cattle and livestock of the Grantor and its tenants and lessees. Further, whenever it becomes necessary for the
Grantee, its agents or contractors to cut a fence on the Grantor's Property, the Grantee shall, at its option, either
keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock
through such opening, or to construction in any one or more places substantial gates with dual locks and to
furnish the Grantor with one (1) set of keys thereto. Before any such fence is cut by the Grantee, the fence shall
be braced in order to prevent slackening of wires along the fence in each direction from the Grantee's
temporary opening.
D. In the event the Grantor's Property is being used for production of any crops which require
irrigation at the time the pipeline is constructed as set forth in the Agreement, the Grantee agrees, unless
otherwise provided, to install and operate flumes or appropriate crossing devices across the Easement at all
times during such construction operations. The Grantee further agrees, unless otherwise provided, not to block,
dam, or obstruct in any manner any irrigation canal, drainage ditches, or creeks located on the Grantor's
Property and further agrees to replace or repair any levees or banks disturbed or damaged by the activities of
the Grantee on the Grantor's Property.
E. The Grantee shall pay the fair market value for any crops, fences, or livestock of the Grantor, his
tenants and lessees which are damaged or destroyed as a result of the construction, operation, and maintenance
of the irrigation pipeline.
F. To the extent allowed by law, the Grantee shall be liable for loss and damage which shall be
caused by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or
negligent acts or omission of its agents or employees during the course of their employment on the Grantor's
Property.
It is mutually agreed between the parties hereto that:
A. Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the Grantee, the Grantor shall retain the right to use and enjoy the Easement.
B. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs,
personal representatives, successors, or assigns of the parties hereto.
C. Whenever used herein, the singular shall include the plural and the plural the singular and the use
of any gender shall apply to all genders.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
GRANTOR: Stoner and Company
By:
Jay D. Stoner, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _ day of
Witness my hand and official seal. My Commission Expires:
Notary Public
GRANTEE: SERFER LAND VENTURES, LLC
2011 by
By:
Christopher J. Serbousek, Manager Member
STATE OF COLORADO )
ss.
COUNTY OF LAREMER )
The foregoing instrument was acknowledged before me this _ day of 2011 by
Witness my hand and official seal. My Commission Expires:
Notary Public
3
EXHIBIT A
SHEET 1 OF 2
LEGAL DESCRIPTION
JAY D. STONER PROPERTY
2310 East Prospect
Fort CoLtins, CO 80525
ph:970.484.7477
fo:970.484.7488
www.tec-engrs.com
A 10.00 FOOT WIDE IRRIGATION EASEMENT OVER AND ACROSS THAT TRACT OF LAND
DESCRIBED AT RECEPTION NUMBER 2010-0010983, LARIMER COUNTY RECORDS, LOCATED IN
THE NORTHWEST ONE -QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, LYING SOUTH
OF THE FOLLOWING DESCRIBED LINE:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION
3 BEING MONUMENTED AT THE WEST END BY A 3-1/4" ALUMINUM CAP IN A MONUMENT BOX
AND AT THE EAST END BY A 3-1/4' ALUMINUM CAP STAMPED "COLO. DEPT. OF
TRANSPORTATION, PLS NO. 24307, 1/4, S34, T7N R68W, S3, T6N R68W" IS ASSUMED TO BEAR
S89046'55"E.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3;
THENCE S27050'05"E A DISTANCE OF 68.91 FEET TO THE POINT OF BEGINNING, SAID POINT
BEING ON THE EAST RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 7, SAID POINT ALSO LIES
10.00 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF THE NORTH LINE OF SAID TRACT OF
LAND;
THENCE S89055'35"E, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 670.82 FEET;
THENCE S89035'55"E, PARALLEL WITH SAID NORTH LINE, A DISTANCE OF 245.96 FEET;
THENCE S89049'55"E A DISTANCE OF 62.65 FEET TO THE POINT OF TERMINUS, SAID POINT
BEING ON THE EAST LINE OF SAID TRACT OF LAND;
THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO END ON SAID EAST
LINE OF SAID TRACT OF LAND AT THE EAST END AND ON SAID EAST RIGHT OF WAY AT THE
WEST END.
CONTAINING A CALCULATED AREA OF 0.225 ACRES (9,793 SQUARE FEET, MORE OR LESS).
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
LEGAL DESCRIPTION STATEMENT
I, RICHARD W. PALS, A REGI AND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT TH L DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED BY ME OR Uj SPONSIBLE CHARGE, AND ON THE BASIS OF MY
KWWLEDGE, INFORMA Afi SELT , RRECT.
cr 31938
a 20 \\
RICH RD W. PALS, REGI%
TH
LAND, OR
COLORADO NO. 31938
y
S"
FOR AND ON BEHALF OF _
OR
1A2007 Surveyw706730V_egaN)escription\07067es32.doc
I:\2007 SURYM0706730\DWG 2011\EXHI8ITS\07067ES32.DWG Lod plotted on: 10/26/2011 3:00 PM
POINT OF COMMENCEMENT
NORTHWEST CORNER SECTION 3,
T6N, R68W — 3 1/4" ALUMINUM
CAP IN MONUMENT BOX
T7N
S27'50'05'E 68.91'
POINT OF BEGINNING
NORTH 1/4 CORNER SECTION 3,
TOWNSHIP 6 NORTH, RANGE 68 WEST
3 1/4" ALUMINUM CAP STAMPED
COLO DEPT. OF TRANSPORTATION,
PLS NO. 24307, T7N R68W, 4 S34,
S3, T6N R68W"
j
BASIS OF BEARINGS
NORTH LINE OF THE NW 1/4, SECTION 3
POINT OF
S8946'55'E 2640.43' TERMINUS
EAST HARMONY ROAD
N89'55'35"E 670.82'
EASEMENT 32
9793 SO FT-
0.225 ACRES
COLORADO DEPARTMENT
OF TRANSPORTATION
SOUTH RIGHT OF WAY LINE PER
RECEPTION NO. 98049108
S89'35' 55"E
245.96'
S89'49'55'E
62.65'
SERFER LAND VENTURES, LLC
RECEPTION NO. 2008-0035631
JAY D. STONER, etal.
RECEPTION NO. 2010-0010983 f 200
0
200 400 SCALE: 1
INCH = 200 FEET The Engineering
Company 2310 East
Prospect Road, Suite B Fart Collins. CO 80525 970) 484-
7477 www.tec-engrs.com THE ENGINEERING
COMPANY AND SURVEYOR OF
RECORD DO NOT EXPRESS NOR
IMPLY ANY WARRANTY WITH THIS
DRAWING. THIS DRAWING DOES NOT
REPRESENT A MONUMENTED SURVEY
AND IS ONLY INTENDED TO
DEPICT THE ATTACHED LEGAL DESCRIPTION.
DESCRIPTION EXHIBIT
STONER PROPERTY
SHEET 2
OF 2
2310 East Prospect
Fort Collins, CO 80525
ph:970.484.7477
fo:970.484.7488
www.tec-engrs.com
EXHIBIT A
SHEET 1 OF 2
LEGAL DESCRIPTION
JAY D. STONER PROPERTY
A 30.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THAT TRACT
OF LAND DESCRIBED AT RECEPTION NUMBER 2010-0010983, LARIMER COUNTY RECORDS,
LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,
LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION
3 BEING MONUMENTED AT THE WEST END BY A 3-1/4" ALUMINUM CAP IN A MONUMENT BOX
AND AT THE EAST END BY A 3-1/4" ALUMINUM CAP STAMPED "COLO. DEPT. OF
TRANSPORTATION, PLS NO. 24307, 1/4, S34, T7N R68W, S3, T6N R68W" IS ASSUMED TO BEAR
S89046'55"E.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3;
THENCE S24038'04"E A DISTANCE OF 78.04 FEET TO THE POINT OF BEGINNING, SAID POINT
BEING ON THE EAST RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 7, SAID POINT ALSO LIES
20.00 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF THE NORTH LINE OF SAID TRACT OF
LAND;
THENCE S89055'35"E A DISTANCE OF 670.43 FEET;
THENCE S89`35'55"E A DISTANCE OF 245.94 FEET;
THENCE S89049'55"E A DISTANCE OF 62.85 FEET TO THE POINT OF TERMINUS, SAID POINT
BEING ON THE EAST LINE OF SAID TRACT OF LAND;
THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO END ON SAID EAST
LINE OF SAID TRACT OF LAND AT THE EAST END AND ON SAID EAST RIGHT OF WAY AT THE
WEST END.
CONTAINING A CALCULATED AREA OF 0.674 ACRES (29,367 SQUARE FEET, MORE OR LESS).
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
LEGAL DESCRIPTION STATEMENT
I, RICHARD W. PALS, A R LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT AL DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED BY ME OR ESPONSIBLE CHARGE, AND ON THE BASIS OF MY
KNOWLEDGE, INFO R , I CORRECT.
31938
RIC ARD W. PALS, RE ..I,LApIIjJ'J EYOR
COLORADO NO.31938 SON NpS
FOR AND ON BEHALF OF T ING COMPANY
IA2007 Survey\07067301Legaf\Description107067es33.doc
1%-
I:\2004 SURVEY\ 0706730\ DWG 2011\EXHI8ITS\07067ES33.0WG Last p1oTNd on: 10/27/2011 9:02 AM
tk`l
POINT OF COMMENCEMENT NORTH 1/4 CORNER SECTION 3,
NORTHWEST CORNER SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST
T6N, R68W - 3 1/4- ALUMINUM 3 1/4- ALUMINUM CAP STAMPED
CAP IN MONUMENT BOX "COLO DEPT. OF TRANSPORTATION,
PLS NO. 24307, T7N R68W, 4 S34,
S24'38'04'E 78.04' S3, T6N R68W"
POINT OF BEGINNING
BASIS OF BEARINGS
NORTH LINE OF THE NW 1/4, SECTION 3 POINT OF
S89'46'55'E 2640.43' TERMINUS
EAST HARMONY ROAD
t N
q
o N89'55'35"E 670.43'
COLORADO DEPARTMENT
OF TRANSPORTATION
SOUTH RIGHT OF WAY LINE PER
RECEPTION NO. 98049108
EASEMENT 33
29367 SO FT
0.674 ACRES
S89'35'55"E J
245.94'
S89'49'55'E
62.85'
SERFER LAND VENTURES, L.LC
RECEPTION NO. 2008-0035631
JAY D. STONER, et.al.
RECEPTION NO. 2010-0010983
Jr
I
200 0 200 400
SCALE: 1 INCH = 200 FEET
The Engineering Company
2310 East Prospect Road, Suite B Fort Collins, CO 80525
970) 484-7477 www_tec-engm.com
THE ENGINEERING COMPANY AND
SURVEYOR OF RECORD DO NOT
EXPRESS NOR IMPLY ANY WARRANTY
WITH THIS DRAWING. THIS DRAWING
DOES NOT REPRESENT A
MONUMENTED SURVEY AND IS ONLY
INTENDED TO DEPICT THE ATTACHED
LEGAL DESCRIPTION.
DESCRIPTION EXHIBIT
STONER PROPERTY
SHEET 2 OF 2