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HomeMy WebLinkAboutFORT COLLINS LOVELAND WATER DISTRICT HARMONY ROAD IRRIGATION LINE - Filed ED-EASEMENT DEDICATION - (2)RECEPTION#: 20120006999, 02/01/2012 at 02:14:25 PM, Err IV.'-`., FEB2D1Z 1 OF 8, R $46.00 TD Pgs: 0 rZc:t-Scott Doyle, Larimer County, CO EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS AGREEMENT, made and entered into as of the "2 Z- day of l OU . , 2011, by and between 7. Thomas Chandler and Lindsey L. Chandler, 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 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, and a 30-foot temporary construction easement as described on Exhibit A attached herewith. Grantee agrees to pay for the removal and replacement of the existing 3 wire metal post fence on the Grantor's Property along this Agreement. Grantee agrees to commence construction and installation of the irrigation pipeline within 3 years of the date of this Agreement or the temporary construction easement shall automatically terminate and be vacated. If the irrigation pipeline is not used by Grantee for 10 consecutive years this permanent easement shall automatically terminate and be vacated. 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": See Exhibit B attached hereto and incorporated herein by reference. 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. Fort Collins-Lovelalid Water District South Fort Collins Sanitation District 5150 Snead Drive Fort Collins, CO 80525 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 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 and the irrigation pipeline. 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 wines 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. 2 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. written. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above GRAN R. By- homas Chandler 1 STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me thisd day of No vp—v,z be --I' , 2011 by J. Thomas Chandler and Lindsey L. Chandler. Witness my hand and official seal. N Z; Q,,. G.' kOTAtj iG s f°UBOG ,'O OV STATE OF COLORADO ) My Commission Expires: 7-11-o 1 / Notary Public ss. COUNTY OF LARIMER ) J YI e fo egoviig inXent was acknowledged before I' , ft'i',yB4q,, as Member of SERF/ Witness my hand and official M NO -gym ;N 1 rT" Lthis I I day of v14_, 20+t- by AND VENTURES, LLC. ission/Expi s: 1- 3 2310 East Prospect Fort Collins, CO 80525 ph:970.484.7477 fa: 970.484.748 B www.tec-engrr.rom EXHIBIT A SHEET i OF 2 LEGAL DESCRIPTION CHANDLER PROPERTY A 10.00 FOOT WIDE IRRIGATION EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 20110019836, LARIMER COUNTY RECORDS, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 4, 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 NORTHEAST ONE -QUARTER OF SAID SECTION 4 BEING MONUMENTED AT THE EAST END BY A 3 14' ALUMINUM CAP IN A MONUMENT BOX AND AT THE WEST END BY A 3 1/4" ALUMINUM CAP STAMPED "SBG, 1/4, T7N R68W, S33, T6N R68W, S4, LS 14823, 1998" IS ASSUMED TO BEAR N89°46'14'W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE S43018'48"W A DISTANCE OF 42.15 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH LINE OF SAID TRACT OF LAND; THENCE N89024'29W ON SAID NORTH LINE A DISTANCE OF 431.62 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE WEST LINE OF THAT TRACT OF LAND RECORDED AT RECEPTION NUMBER 20100034578, LARIMER COUNTY RECORDS, AT THE EAST END. CONTAINING A CALCULATED AREA OF 0.099 ACRES (4,319 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 REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. Qpp0 RZG/ SrF moo: APO wA T 9o 0 RICAARD W. PALS, RE IWERED LANVOOMPANY EYOI COLORADO NO. 31938 s FOR AND ON BEHALF OFT tgl 1:12007 Survey10706730\Lega]\Description107067cs30.doc I;\2007 SURVEY\0706730\DWG 2011\EXHIBITS\07067ES30.DWG Lost plotted on; 10/26/2011 2;32 PM POINT OF COMMENCEMENT NORTHEAST CORNER SECTION 4, T6N, R68W NORTH 1/4 CORNER 3 1/4" ALUMINUM CAP IN MONUMENT BOX SECTION 4, T. 6 N., R 68 W. 3 1/4" ALUMINUM CAP S43'18'48"W 42.15' STAMPED "SBG, }, T7N R68W, S33, T6N R68W, S4 POINT OF BEGINNING LS 14823, 1998" EAST HARMONY ROAD T7N BASIS OF BEARINGS 3 S34 N89'46'14"W 2631.28' NORTH LINE OF THE NE 1/4 OF SECTION 4 POINT OF / o TERMINUS JN89'24'29"W 431.62 30 EASEMENT 30 4319 30 FT 0.099 ACRES N 200 0 200 400 SCALE: 1 INCH = 200 FEET The Engineering Company 2310 East Prospect Road, Suite D Foit Collins, C0 8059S 970) 484-7477 www.tcc-cngrs.com CITY OF FORT COLLINS 1 W LnjRECEPTIONNO. 20100034578 nl 30' RIGHT OF WAY t zl CHANDLER, J THOMAS RECEPTION NO. 20110019836 t- t i I I i 1 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 CHANDLER PROPERTY SHEET 2 OF 2 2310 East Prospect Fart Collins, CO 80525 ph:970.484.7477 fa. 970.484.7488 www.tec-engrs.com EXHIBIT A SHEET 1 OF 2 LEGAL DESCRIPTION CHANDLER PROPERTY A 30.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 20110019836, LARIMER COUNTY RECORDS, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARWER, STATE OF COLORADO, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 4 BEING MONUMENTED AT THE EAST END BY A 3 1/4" ALUMINUM CAP IN A MONUMENT BOX AND AT THE WEST END BY A 3 1/4" ALUMINUM CAP STAMPED "SBG, 1/4, T7N R68W, S33, T6N R6BW, S4, LS 14823, 1998" IS ASSUMED TO BEAR IV89°46'14"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE S35'04'14"W A DISTANCE OF 49.70 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 20100034578, LARIMER COUNTY RECORDS, SAID POINT ALSO LIES 10.00 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF THE NORTH LINE OF SAID TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 20110019836; THENCE N89°24'29"W PARALLEL WITH THE NORTH LINE OF SAID TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 20110019836 A DISTANCE OF 432.09 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 20100034578, LARIMER COUNTY RECORDS, AT THE EAST END. CONTAINING A CALCULATED AREA OF 0.298 ACRES (12,984 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 REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, O HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UND ECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMAT DIBIM IS CORRECT. o F Uo`' .Q SJALTF9. o Z y: or 31935 CO. , 12i 12o I I RICHARD W. PALS, RE 3 gD U l J EYOR COLORADO N0.3i938 Si0 yp FOR AND ON BEHALF OFT . , !NG COMPANY I:12007 Survey107067301LegaiTescription\07067es3 Ldoc I:\2007 SURVEY\0706730\DWG 2011\EX1i18ITS\07067ES31.DWG Lost plotted on: 10/26/2011 2:33 PM POINT OF COMMENCEMENT NORTHEAST CORNER SECTION 4, T6N, R68W NORTH 1/4 CORNER 3 1/4" ALUMINUM CAP IN MONUMENT BOX SECTION 4, T. 6 N., R 68 W. 3 1/4" ALUMINUM CAP S35'04'14"W 49.70' STAMPED "SBG, }, T7N R68W, S33, 76N R68W, S4 POINT OF BEGINNING T7iVLS14823, 1998" EAST HARMONY ROAD 3 S34 BASIS OF BEARINGS N89'46'14"W 2631.28' NORTH LINE OF THE NE 1/4 OF SECTION 4 i O POINT OF Q S4 1 3 TERMINUS 4N O n N89'24'29"W 432.09' I 30' I EASEMENT 31 12984 SQ FT I 0.298 ACRES s I i NI I CITY OF FORT COLLINS RECEPTION NO. 20100034578 30' RIGHT OF WAY zl 200 0 200 400 SCALE: 1 INCH = 200 FEET The Engineering Company 2310 East Pzospect Road, Suite B Fort COWM, CO 80525 970)484-7477 wwwAcacngrs.com CHANDLER, J THOMAS d; S RECEPTION NO. 20110019536 II s I I s 1 1 s 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 CHANDLER PROPERTY SHEET 2 OF 2 EXHIBIT PROPERTY DESeRIPTION A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH, CONSIDERING THt NORTH LINE OF SAID NORTHEAST QUARTER AS BEARING WEST, AND WITH ALL BEARINGS'CONTAINED HEREIN, RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE SOUTH LINE OF COLORADO HIGHWAY NO. 68 WHICH BEARS SOUTH 02 DEGREES 17' 30" EAST 31.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 4 AND RUNS THENCE ALONG THE SOUTH LINE OF SAID COLORADO HIGHWAY NO. 68 NORTH 89 DEGREES 38' 15" WEST 472.46 FEET; THENCE NORTH 80 DEGREES 54' 30" EAST 202.59 FEET; THENCE SOUTH 90 DEGREES 00' 00" WEST 200.00 FEET; THENCE NORTH 80 DEGREES-04' 30" WEST 173.00 FEET; THENCE SOUTH 25 DEGREES 39' 00" EAST 219.80 FEET; THENCE SOUTH 00 DEGREES 52' 00" EAST 160.77 FEET;.THENCE SOUTH 53 DEGREES 50' 00" EAST 55,42 FEET; THENCE SOUTH 61 DEGREES 20' 00" EAST 221.87 FEET; THENCE SOUTH 36 DEGREES 30' 00" EAST 322.36 FEET; THENCE SOUTH 27 DEGREES 35' 00" EAST 419.56 FEET; THENCE SOUTH 11 DEGREES 51' 00" EAST 873.69 FEET; THENCE SOUTH 21 DEGREES 48' 00" EAST 375.75 FEET; THENCE SOUTH 24 DEGREES 06' 00" EAST 256.07 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 02 DEGREES 17' 30" WEST 2568.02 FEET' TO THE POINT OF BEGINNING; EXCEPT THAT PORTION AS CONVEYED TO STERLING SAND AND GRAVEL CO. BY DEED RECORDED AT RECEPTION NO. 89024416, RE -RECORDED 89026308, RE --RECORDED 89038015.