HomeMy WebLinkAbout423924 KELLY NOONAN - CONTRACT - CONTRACT - 30757 EASEMENT DEEDEASEMENT DEED AND AGREEMENT
THIS EASEMENT DEED AND AGREEMENT ("Deed") is made and entered into this -364
day of 5u\ , 2007 (the "Effective Date"), by and between Kelly Noonan ("Grantor"), and THE
CITY OF MRT COLLINS, COLORADO, a municipal corporation, ("Grantee").
1. Grantor's Property. Grantor is the owner of that certain parcel of real property consisting
of approximately 80 acres located in Larimer County, Colorado, which is legally described as the
S % of the SE '/4 of Section-11, Township 11 North of the b`" P.M, County of Larimer, State of
Colorado (the "Property").
2. Grant of Easement — Consideration. For and in consideration of the covenants and
agreements herein set forth, the sum of Two Thousand Three Hundred Ten Dollars
($2,310.00), and other good and valuable consideration, the receipt and adequacy of which
Grantor ackriowledges, the Grantor grants, sells and conveys to the Grantee, its successors and
assigns, a perpetual, non-exclusive easement (the "Easement") on, over, under and across the
Property as described more folly on Exhibit A, consisting of one (1) page, attached to and made
a part of this Deed (the "Easement Area"), subject to the conditions and restrictions set forth
below.
I Purpose and Uses of Easement. Grantee may use the Easement to install, operate,
maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time,
road improvements for a public right-of-way (the "Improvements', and for access by Grantee
and the public to the Improvements, on, over, under and across the Easement Area.
4. Additional Rights of Grantee. Grantor further grants to the Grantee:
(a) the right of ingress to and egress from the Easement Area from County Road 15
(extended);
(b) the right from time to time to operate, maintain and repair, and to enlarge,
improve, reconstruct, relocate and replace, the Improvements constructed
hereunder with any other number or type of public improvements, or other
structures either in the original location or at any alternate location or locations
within the Easement Area, generally consistent with the intended purposes of the
Easement;
(c) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the Easement Area;
(d) the right to mark the location of the Easement Area by suitable markers set in the
ground.
5. Grantor's Rights in Easement Area. Grantor reserves the right to use the Easement Area
for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted.
Grantor will not erect or construct any structure or improvement, or drill or operate any well,
construct any reservoir or impoundment or other obstruction; install or plant any trees or woody
shrubs, or otherwise improve the Easement Area or change the ground level in the Easement
Area.
6. . Maintenance of the Easement Area.
(a) Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris,
or any other substance or material, whether combustible or noncombustible, on
the Easement Area, other than vegetation not prohibited under paragraph 5,
above.
(b) Grantee will make such repairs or take such other action as may be necessary to
restore the Easement Area to a condition comparable to its prior condition,
including but not limited to the reseeding and replanting of any disturbed areas in
a manner reasonably satisfactory to Grantor, correction of any subsidence, and
restoration of any other improvements or conditions impacted by Grantee's
activities.
7. Representations of Grantor. Grantor states that he is the lawful owner in fee simple of
the Property; that he has good and lawful right and authority to grant, sell and convey the
Property or any part thereof; and that they warrant the title to the Property. Grantor represents
and warrants that the beneficiary of any deed of trust, mortgage, lien or other obligation secured
by an interest in the Property has consented to and subordinated its interest in the Property to the
Easement granted hereunder.
9. Additional Terms and Conditions. Whenever used herein, the singular number includes
the plural, the plural the singular; and the use of any gender is applicable to all genders. All of
the covenants herein contained are binding upon, and inure to the benefit of the parties hereto,
their personal representatives, successors and assigns.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first
above written; and the Grantee has caused this Easement Deed and Agreement to be executed by
its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed.
Date: -- 30 4 -1
Kelly 1 oonari
STATE OF COLORADO )
�= ) ss
�`►� e da instrunient was acknowledged before me thr u day of T,-*, 2007, by
Noonan. t'>
ens my od official seal
Tres: lZ I d5 Notary Public
OF C'. O r'
2
GRANTEE:
THE CITY OF FORT COLLI
a Municipal CorporatiA
Date: 3 - "�� � By:
-� <.oRT C .
s�-
City Clerk
APPROVED AS TO FORM:
Assistant City Atto
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
r
k. Atteberry, Ci
COLORADO
.,�
The foregoing instrument was acknowledged before me this t L day o U5J
% by Darin A. Atteberry as City Manager and (?4uC�� (� ,` c-e� as City C1erI of the
City of Fort Collins.
Witness my hand and official seal.
My Commission expires-- �(p
G�N2
X.
? NOTARY
:a
N►`: PUBUC
�F Cd�•O
,&-, 6��d,
Notary Public
3
LEGAL DESCRIPTION
THE FOLLOWING 15 A DE5CRIPTION OF A PORTION OF A PARCEL OF LAND, 5AID PARCEL BEING LOCATED IN
THE 51/2 5E1/4 OF SECTION 11, TOWNSHIP I I NORTH, RANGE G9 WEST OF THE 5tM PRINCIPAL
MERIDIAN, WITH SAID PORTION BEING MORE PARTICULARLY DESCRIBED A5 FOLLOW5 AND A5 SHOWN
HEREON IN THE INCLUDED DRAWING, ALL A5 EXHIBIT A:
BEGINNING AT THE 5ECTION CORNER COMMON TO 5ECTION5 1 1,12, 13 AND 14, TI I N, R69W, A FOUND
MONUMENT; THENCE NW42'37'W, ALONG THE EAST LINE OF SECTION 11. A D15TANCE OF 1338.75
FEET TO A POINT OF INTER5ECilON WITH THE NORTH LINE OF THE SOUTH ONE-HALF OF THE 5OUTHEAST
ONE -QUARTER OF 5AID SECTION 1 I ; THENCE WE5TERLY ALONG SAID NORTH LINE OF THE 5OUTH
ONE-HALF OF THE 5WHEA5T ONE -QUARTER OF SAID 5ECTION 11, A DISTANCE OF 70.00 FEET TO A
POINT; THENCE 5W4237E, PARALLEL WITH THE EA5T LINE OF 5AID SECTION 11, A D15TANCE OF
1338.79 FEET, MORE OR LE55, TO A POINT ON THE 5OUTt1 LINE OF 5AID 5ECTION 1 1; THENCE
EASTERLY, ALONG 5AID SOUTH LINE OF 5ECTION 11, A D15TANCE OF 70.00 FEET TO THE TRUE POINT OF
BEGINNING.
5AID PORTION OF THE PARCEL CONTAIN5 2.151 ACRE5 (93,715 5Q. FT.) MORE OR LE55
CAW IINf 9Eum 11.
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- NORTl1 LB1E OF:JT 54
SECTION 11. T I I N MhY
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A PORTION OF 5ECTION I I, T I I N,
R69W OF THE GTH P.M.
LARfMER COUNTY, CO
SECTION 12
f 1336.71 i
OWNER:
KELLY NOONAN
SEC. 11. TI IN, RG9W
PARCEL DE5CRIPTION: ! 15E 4
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