HomeMy WebLinkAbout193716 OMNITRAX - CONTRACT - CONTRACT - 23149Sent By: CITY RIGHT OF WAY; 970 416 2209; Apr-21-05
2:37PM; Page 2
DEED OF EASEMENT
THIS DEED, made this day of , ,Afo
OMNI TRAX ON BEIIALF OF THE GREAT WESTERN RA11.110A
address is 252 Clayton, Denver, Colorado 80206, and THE CITY 101
Colorado municipal corporation, GRANTEE, whose address is 300 TO(
Colorado $0521.
WITNESSETH:
2005, between
i, GRANTOR, whose
FORT COLLINS, a
tc Avenue, Port Collins,
Tlait for and in consideration of the covenants and agreements hekeui set forth, the sum ofTen
'thousand and 00/100 Dollars ($10,000.00), paid by the Grantee to the Grantor, the receipt and
adequacy of which is hereby acknowledged, the Grantor hereby grant, sells and conveys to the
Grantee, its successors and assigns, a perpetual easement and right -of 'way for access, on, along,
through and under all of the real property situated in the County of it.arimer, State of Colorado
described on Exhibit "A" attached hereto and by this reference made a part hereof
Grantor reserves the right to use said easement for purposes w4tich will not interfere with
Grantee's full enjoyment of the rights hereby granted; and the parties fitrther agree that the uses of
said easement by Grantor and the agreeincnts concerning those uses shall be as follows:
(a) Grantor shall not erect or construct any building or other tructure, or drill or operate
any well, or construct any reservoir or other obstructicyn, or otherwise add to the
ground level in saki easement; aml,
(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
easement.
(c) No later than December 12, 2006, the Grantee shall construct a railroad crossing to
be in the northwest portion of the easement, which crossing features are gcrtcra,lly
shown in Exhibit "S", which include the following.
• 'Twenty loot (20') approach to the centerline of the tracks in each direction
• Sixteen foot (16') wide roadway with hard packi d surface
• 10:1 roadway approach slopes
3:1 side slopes
Drainage parallel to the tracks under the south approach will be maintained by
use of a twenty-four (24") inch culvert. Improvement to be constructed on
the north side will not change the drainage requirements.
Sent By: CITY RIGHT OF WAY; 970 416 2209; Apr-21-05 2:38PM; Page 3
• A sixteen foot (16') wide locked gate with a Rrur font (4') three (3) strand
barb wire fence connected to one hundred eight fiint ('I 08') section offimc.inb
from above said gate to the concrete slope wall, to he placed at the cast Side
of the 1-25 bridge that will restrict public access tU the easement or crossing.
The fence will be braced no closer than eight and cane half feet (8' &fromthe
certtt cline of the trdeks or at a mutually agreed ujbon location as determined
between CDOT' and Great Western Railroad.
(d) No later than December 12, 2006, the Grantor shall construct a sixteen foot (16')
wooden crossing; as shown on Exhibit "C". Upon compjletion of said construction,
Grantor shall submit to Grantee an invoice documentingreasoratble actual costs f'or
said construction, and Grantee shall within thirty (30) days of receipt of said invoice
pay to Grantor said reasonable actual costs, up to a maxiinum amount to be paid by
Grantee o.f Five `l'ltousand and 00/100 Dollars, ($5,000.00).
Neither Omni Trax nor The Great Western Railroad shall be responsible for maintenance of
the above described crossing feature improvements.
The Grantee's obligations hereunder are subject to the annual appropriation of funds sufficient
and intended therefore, but Grantee's use of the Easement shall be contingent upon performance of
said obligations.
The Grantor states that it is the lawful owner in fee simple of the real property described
herein; that it has a good anti lawful right and authority to }pant, sell and i onvey 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 ofany gender shall be applicable to all genders. All of the covenalrts herein contained shall be
binding upon and inure to the benefit of tho parties hereto, their 'respective heirs, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Dewd of Easement the day and
year first above written; and the Grantee has caused this Deed to be execllsted as an Agree n Lbyits
Mayor, att tecf to by its City Clerk, and its corporate seal to be hcreunt0 atlixed on the
day of.. 2005. — -
-2-
Sent By: CITY RIGHT OF WAY; 970 416 2209; Apr-21 -05 2:38PM; Page 4
GRANTOR:
OMN-1 TRAX ON IJER,s IX OF
GREAT WF SrFERNRAIILROAD
By:
Attest:
BY-
,STATE- OF COLOF,�A�Do
COUNTYOF
The foregoing instrument was acknowledged betbTe mt : this (,.'Le'— day of
L 'F-7)�Z Omni
_&L_ _,2005,by
Trax on behalf of Great Western Railroad, OTantor.
Witness my hand and official seal.
My Commission Expires: 7LLLL,&DD5
A
I
]
Notary Public
DIANA D SLE
NOTARY PUBLIC
STATE OF COLORAD0
My oommijelan expires 7/1 SaWS
,3 -
Sent By: CITY RIGHT OF WAY;
970 416 2209; Apr-21-05 2:38PM; Page 5/8
Attest:.
A4Kr iieek, Rity Jerk
STATE OF COLORADO
GRANTEE -
THE CITY OF FORT
a Colorado munidpal
I
APPROVED AS TO 1�ORM:
Senior Assistant
} ss.
COUNTY OF T,ARIMER )
The foregoing instrument was �ckno ed d before me this
Mayor, City of Fort Collins, a Colorado mumci 1 corporation, Grant.cd.
Witness my hand and official .
My Commission Expires: o
-1 ` - , day of
a4
-4-
Sent By: CITY RIGHT OF WAY;
970 416 2209;
Apr-21-05 2:38PM;
Page 6/8
EXHIBIT A
I-EGAI- DESCRIFT10N
statkcto.w�g is
LsSwA tteldon saes
rat Gee t0 8852F2G03
Tel: PC) 482-YM WC (WAS 4924EM
stmdec corn
9tanta
EXI-iZBIT A
DESCRIPTION:
A tract of. located in the Southwest Quarter of Section 27, Township Vkorth, Range
69 Wost of the a Principle Ivieddian, County of Larimer, State of Colorado, More
particularly described as follows;
Beginning at a point which is the intersection of the South Right-of=Way line for the
Colorado msd Southern. Railway .Company, and the West CDOT "A" line for Interstate.
Highway (1-25) ILi ht.of=Way, thence along said'soath line of the Coloradol:and Southem
Railway Company-Righi.of--Way; 45 feetto the bep ing.of a tract of land!heing 45 feet
in width and lying cast and south of the following describedline: Tieing perpendicular
from the south liar, of the Colorado and Southem Railway Company night-bf--Way line
to the north line of said Colorado and Southern Railway Company Right-0tLWay, thence
along said north Colorado and Southern Railway Company Right -of -Way tp the East
CDOT "A" line of said lnterstate Highway (1-25) Right -of -Way; with side Ines
prolonged or shortened to tenninate.at said East CDOT -`A' line.
The above tract contains 0.81 acres, more or less, and is subject to all easeY¢ents and
tights of way now on record or existing.
/-0 yU, Zi
37053 : u
Michael David Lang °�•=.- y-VL
Colorado Ptofessioral Land Stn reyorNo_ 37053 �i"'•.» --� see
�RL :� A
L:1SURVL'Y1E){ LIMITS\1817000341EXIlfBIT AAoc
M/m,11 Friday, July 09, 2t104
Sent By: CITY RIGHT OF WAY; 970 416 2209; Apr-21-05 2:39PM; Page 7/8
Sent By; CITY RIGHT OF WAY;
970 416 2209;
Apr-21-05
39PM;
Page a/B