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Home My WebLink AboutCORRESPONDENCE - GENERAL CORRESPONDENCE - 20741 DEED OF EASMENT[Livingstonutileas5/25/04] DEED OF EASEMENT THIS DEED, made this _ day of ,2004, between KARIN A. LIVINGSTON, PERSONAL REPRESENTAIVE OF THE ESTATE OF SCOTT LIVINGSTON AKA SCOTT P. LIVINGSTON AKA SCOTT PHILIP LIVINGSTON, of the County of Larimer, State of Colorado, GRANTOR, whose address is 930 North Shields Street, Fort Collins, Colorado 80521, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521. WITNESSETH: That for and in consideration of the covenants and agreements herein set forth, the sum of FIVE THOUSAND Dollars ($5,000.00), and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and conveysto the Grantee, itssuccessors and assigns, a perpetual easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time a utility and drainage easement, together with a right-of-way for access, on, along, through and under all of the hereinafter described real property situated in the County of Larimer, State of Colorado, being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement being described more fully on Exhibit 'B" attached hereto and by this reference made a part hereof for the purpose of constructing the aforementioned public improvements. As a condition of the granting of this temporary construction easement, the Grantee covenants and agrees to make best efforts to avoid damage to existing evergreen trees and treated fence posts located within the easement area. In the event such trees and posts are damaged due to the construction, Grantee shall replace them with like -kind evergreen trees no less than eight (8) feet in height and treated fence posts of the type being replaced. The Grantor further grants to the Grantee: (a) the right of ingress to and egress from said easements over and across said lands of the Grantor by means of roads and lanes thereon; provided, that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; 1 (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures 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 said easements; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; (d) the right to mark the location of said easements by suitable markers set in the ground; provided that said markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said easements. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shall not erect or construct any building or other structure, or drill or operate any well, orconstruct any reservoir or other obstruction, or otherwise add to the ground level in said easements; and, (b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether -combustible or noncombustible, on said easements. The Grantor states that it is the lawful owner in fee simple of the real property described herein; that it has a good and lawful right and authority to grant, sell and convey said property or any part thereof and that it warrants the title of said property. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day and year first above written; and the Grantee has caused this Deed to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the _ day of , 2004. 2 GRANTOR: Karin A. Livingston, personal representive of the Estate of Scott Livingston, AKA Scott P. Livingston AKA Scott Philip Livingston STATE OF COLORADO) ) ss. COUNTY OF LARIMER) Subscribed and sworn to before me this _ day of 2004, by Karin A. Livingston, personal representative of the Estate of Scott Livingston AKA Scott P. Livingston AKA Scott Philip Livingston, as Grantor. Witness my hand and official seal. My Commission expires: ATTEST: City Clerk APPROVED AS TO FORM Assistant City Attorney Notary Public THE CITY OF FORT COLLINS, COLORADO, Municipal Corporation City Manager 01 EjKRIBIT 'nprr Page I o2 2 +_ LEGAL DESCRIPTION CITY OF FORT COLLINS — VEHICLE SERVICES "BUILDING UTILITY AND DRAINAGE EASEMENT A 50.00 FOOT WIDE UTILITY AND DRAINAGE EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER. 91047692, LARIMER. COUN7Y RECORDS LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 7 NORTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER. OF SAID SECTION 2 BEING MONUMENTED AT THE SOUTH END BY A 3" ALUMINUM CAP STAMPED "LS 20123, T7N R69W, SEC COR" IN A MONUMENT BOX AND AT THE NORTH END BY A 2 112` ALUMINUM CAP STAMPED "PLS 45021 T7N, R69W, 114, S2, S3, 1997" IN A MONUMENT BOX IS ASSUMED TO BEAR N00°3949'E. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE N46056'49"E A DISTANCE OF 1831.88 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER OF SAID TRACT OF LAND; THENCE N89020'1 M ON THE SOUTH LINE OF SAID TRACT OF LAND A DISTANCE OF 50.00 FEET; THENCE N00040'13"E PARALLEL WITH THE EAST LINE OF SAID TRACT OF LAND A DISTANCE OF 350.11 FEET TO THE NORTH LINE OF SAID TRACT OF LAND; THENCE ON SAID NORTH LINE THE FOLLOWING TWO (2) COURSES: 1. N84005'19"E A DISTANCE OF 33.44 FEET; 2. N88048'10'E A DISTANCE OF 16.79 FEET TO THE NORTHEAST CORNER THEREOF; THENCE S00040'13"W A DISTANCE OF 354.48 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.405 ACRES (17,638 SQUARE FEET). 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 CoON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. pp0 RE�� RICHARD W. PALS, REGISTER COLORADO NO. 31938 FOR AND ON BEHALF OF THE 03102uedel.doc OP sl oOtiPQa )NAL j'FAF9�o ATE 31938 v,' 5 n �Z004-- TLe Engineering Co • 2310 East Prospect • Ft. Collins. CO 8051� • Pllone (970) 484-7477 •FAX (970) 484-7458 I File_ >urvev'v D310205\owg\Exhibit\OS102ue i.awc Lavou r:XHIBIIT "'A", ACac Re. 16.0 Los' Plotter or- Mav i' 2004 1�• '? 3& 2 of ,2 F �11 1 ur r U:F,-F COLLINS TRAP_ ANG OD P: �ZPA— BOOF: 19�'� Pi-10� 5� TOWNSHIP 7, NORTH. RANGE =OUNC 2 i/ ALUMINUN' CAF TAMPED " .- 4502. 7N R69V, 1!4, 52, 195 IPd A MONUMENT SC NSS'46'1 c" E 16.79' — N LIVINGSTON o RECEPTION NO. 91047692 U L N L I -,t in O �i 0 z \ of N Q W J, V o m to y i o a PROPOSED 50' WIDE 0 o C3 UTILITY AND z DRAINAGE EASEMENT z _ �I r- N89.20'11"W 50.00'—\ W i2 25' WIDE DRAINAGE EASEMENT PER BOOK 2065 PAGE 708 �— 6' CHAIN LINK FENCE I� DO 7:1- O O II O 1 0 25 — 5a 7�� 0 CITY OF FORT COLLINS BOOK 1960 PAGE 508 -`, \ WIRE FENCE 183�_8 a GATE POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 2 TOWNSHIP 7 NORTH, RANGE 69 WEST FOUND 3" ALUMINUM CAP STAMPED "LS 20123, T7N R69W, SEC COR" IN A MONUMENT BOX The Engineering Company 2310 East Prospw Road, Suite B Fon Collins, CO 80525 (970)484-I477 wWW.tee-eugtseom Scale: 1 "= 50' POINT OF BEGINNING FOUND R,EBAR NO CAP 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. LEGAL DESCRIPTION EXHIBIT CITY OF FORT COLLINS MRIBI-S ""$" Page _ of LEGAL -DESCRIPTION CM,' OF FORT COLLINS-VEHICLE SERVICES BUILDING i'EMPORARY CONSTRUCTION EASEMENT F, 20.00 P007- WIDE TEMDORAP.Y CONSTRUCTIONEASEMENT OVEP, AND ACROSS THAT TRAC—ii OF LAND DESCRIBED AT RECEPTION NUMBER, 91047692. LARIMER COUNTY RECORDS LOCATED IN THE SOUTHWESTONE-QUAP,T'cR OF SECTION 2, TOWNSHIP 7 NORTH, RANGE fig WEST OF THE SI➢:TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER Or SAID SECTION 2 BEING MONUMENTED AT THE SOUTH END BY A 3" ALUMINUM CAP STAMPED "LS 20123, T7N R69W, SEC COR" IN A MONUMENT BOX AND AT THE NORTH END BY A 2 112" ALUMINUM CAP STAMPED "PLS 4502, T7N, R69W, 1/4, S2, S3, 1997" IN A MONUMENT BOX IS ASSUMED TO BEAR N00039'49"E. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2; THENCE N46056'49"E A DISTANCE OF 1831.88 FEET TO THE SOUTHEAST CORNER OF SAID TRACT Or LAND; THENCE N89020'11"W ON THE SOUTH LINE OF SAID TRACT OF LAND A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE N00040'13"E PARALLEL WITH THE EAST LINE OF SAID TRACT OF LAND A DIS T ANCE OF 350.11 FEET TO THE NORTH LINE OF SAID TRACT OF LAND; THENCE S84005'19"W ON SAID NORTH LINE A DISTANCE OF 20.13 FEET; THENCE S00040113'W A DISTANCE OF 347.80 FEET TO SAID SOUTH LINE; THENCE S890201110E A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.160 ACRES {6,979 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. THIS EASEMENT SHALL TERMINATE ON DECEMBER 31, 2005 LEGAL DESCRIPTION STATEMENT: 1, RICHARD W. PALS, A -REGISTERED LAND SURVEYOR 1N THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIB ND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. �(3/ST� vo` :Qa)NALTF-. QFo 3193E o i2oG4- RICHARD W. PALS, REGIS '1AND SUR$/ COLORADO NO. 31938 s Q FOR AND ON BEHALF OF THE s�b1E •- ••- •�MPANY 03102te1.doc The Engineering Co • 213 10 East Prospect • rt. Colin, CO 80525 • Phone (9 70) 484-7477 • FAX (970) 484-7488 EmIBIT . , Page 2 : of :2 "DOZ Lai m"\0310205\owg\ Fxhibii03102to 1.tlwc Lovw- = Tn" .Acoc:ke' 15.0 Las- P.iottec or.: -MO. 17 200= 09:58:0� AN Or FOF.T COLLIN�TE TP,AL AN[ OPJ\: SDAC_ SJOi' 197C SAG= 5c- S84'0 '19 V. .20.13' TOWN ,H!= NORTi RANG-- 6� N;=S- -FCUNL = ALUMINUd CAP STAMPS: 4502. 77K P,69N, S /4. S2, ZZ,1oc- II\: i NONUMErl" 80: LIVINGSTON RECEPTION NO. 91047692 PROPOSED 20' WIDE TEMPORARY CONSTRUCTION EASEMENT N89'20'11 "W 50.00' POINT OF BEGINNING S89'20'11"E 20.00' \ I fi >I: 1��25' WIDE DRAINAGE EASEMENT I`I PER BOOK 2065 PAGE 708 '-- 1 N 6' CHAIN LINK FENCE U oI Ii o z I ll I it I� I I r I I I v 0 2)5 50 75 160 I I I I `II Scaie: 1 "= 50' � {I I �I I II I I _ FOUND RE -MAR NO CAP t CITY OF FORT COLLINTS L BOOK'1960 PAGE 508 zy46'3'A9"t itir WIRE FENCE \1 GATE -, POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 2 TOWNSHIP 7 NORTH, RANGE 69 WEST FOUND 3" ALUMINUM CAP STAMPED 'LS 20123, T7N R59W, SEC COR' IN A MONUMENT BOX The Engineering Company 2310 Fast Prospect Road, Suite B Fort Collins, CO 80525 1970) 484-7477 wwa•.tec-enpswm 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 - LEGAL DESCRIPTION EXHIBIT CITY OF FORT COLLINS