HomeMy WebLinkAboutPROSPECT II - Filed ED-EASEMENT DEDICATION - 2004-02-26:00
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EASEMENT DEED
PAGES — 4 FEE — $20.00
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FIRST NATIONWIDE BANK, a Federal Savings Bank, successor by merger to
Columbia Savings, a Federal Savings and Loan Association ("Grantor"), for Ten
Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, hereby dedicates, transfers and
conveys unto the CITY OF FORT COLLINS, a Colorado municipal corporation
("Grantee"), whose address is 300 LaPorte Avenue, Fort Collins, Colorado, a non-
exclusive easement to construct, inspect, maintain, repair, replace, alter and
remove underground public utilities and any appurtenances thereto (collectively,
the "Improvements") over, under, through and across the property located in
Larimer County, Colorado and described on Exhibit A attached hereto and made a
part hereof (the "Premises").
TO HAVE AND TO HOLD unto the Grantee, its successors and assigns, for sc
long as the Improvements shall be used and maintained, subject to the following:
1. Grantor shall have the full use and enjoyment of the Premises,
subject to the rights herein granted to Grantee.
2. Grantor (or any person authorized by Grantor) may construct, locate,
maintain, repair and replace roads, parking areas, sidewalks, utility lines,
drainage lines and structures and landscaping improvements on, along, through and
across the Premises, including permanent, hard -surface roads, parking areas and
sidewalks, provided that such construction, location, maintenance, repair and
replacement does not unreasonably interfere with Grantee's use of the Premises
or the Improvements. Except as provided in the preceding sentence, Grantor shall
not construct any temporary or permanent improvements on, along, through or
across the Premises.
3. Grantee shall, at its own expense, (i ) repair any damage to any
roads, parking areas, sidewalks, utility lines and landscaping improvements
located within the Premises caused by its performance of construction,
maintenance and repairs of, and improvements and replacements to, the
Improvements, and (ii) restore any portions of the Premises to their grade and
condition prior to the commencement of any such work.
4. The easement granted herein is non-exclusive, and Grantor reserves
the right to grant other non-exclusive rights for the laying of utility lines
through the Premises, so long as the laying of such utility lines does not
unreasonably interfere with Grantee's rights herein.
5. Grantor shall maintain the Premises, except that Grantee shall be
responsible for maintenance of any of the Improvements constructed by Grantee.
^r OF FORT COt. +.rep t/
Page I of 6
EXHIBIT "A"
PERMANENT DRAINAGE EASEMENT
/ PROSPECT II SUBDIVISION
May 15, 1989
A Permanent Drainage Easement located in Prospect II Subdivision, a part of the
northeast one -quarter of Section 22, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado,
with bearings herein being relative to the plat of said subdivision as recorded
March 20, 1984 in Book 2263 at Page 1736 of the Larimer County records, and more
particularly described as follows:
Beginning on the West line of said Prospect II Subdivision at the southerly line
of an existing 60.00 feet wide Drainage Easement as shown on said subdivision plat;
Thence North 510 58' 48" East, along said southerly line, a distance of 58.00
feet;
Thence South 380 02' 24" West a distance of 40.78 feet;
Thence South 00 51' 45" East a distance of 72.00 feet to the north line of an
existing Permanent Utility, Drainage, Access and Parking Easement as shown on
said subdivision plat;
Thence South 890 21' 11" West, along said north line, a distance of 25.00 feet
to said west line of Prospect II Subdivision;
Thence along said west line the following three (3) courses:
1. North 00 51' 45" West a distance of 66.23 feet;
2. North 890 58' 00" East a distance of 4.39 feet;
3. North 10 01' 20" West a distance of 2.44 feet to the Point of Beginning;
Containing 2,024 square feet or 0.046 acres, more or less.
E. Kqq"'�ii
a``p .0•6Er,1STfgE.�l �$ On Behalf of and For:
GREENHORNE & O'MARA, INC.
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�4y4%F'•• ;;;..•�QQ JE3kfi E. Kratz, P.L.
�i�yyOF COVIjk\V . Colorado Reg. No. 20142
Page 2 of 6
T OF BEGINNI
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N89°58'00"E
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EASEMENT
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N. LINE PERM. UTIL., DRAINAGE, ACCESS
AND PARKING EASEMENT
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"RAV PERMANENT DRAINAGE EASEMENT ,•_20'
Dole PROSPECT R SUBDIVISION
6/11/89 CITY OF FORT COLLINS, COUNTY OF LARIMER, COLORADO "••
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EXHIBIT "A" age 3 of 6
LEGAL DESCRIPTION
PERMANENT DRAINAGE AND UTILITY EASEMENT
PART OF A '1.00' STRIP NOT DEDICATED AS STREET`
PROSPECT GREENS, FIRST FILING
FORT COLLINS, COLORADO
Being a 1.00' wide Permanent Drainage and Utility Easement located in part of the
01.00' Strip Not Dedicated as Street", as shown on the plat of Prospect Greens,
First Filing, which is recorded in Book 1545, Page 704 of the Land Records of
Larimer County, Colorado. The bearings of this description are lased on the
bearings of said plat of Prospect Greens; which is a subdivision in the City of
Fort Collins, Colorado. Said easement is described as the north 145' of said 1.00'
Strip, is shown on the attached Exhibit, and is more particularly described as
follows:
Beginning for the same at the end of the N890 36' 300w 4.39' line of Tract A,
Prospect Greens, First Filing, as shown on said plat; said point of beginning is
also located on the west line of Prospect II a subdivision in the City of Fort
Collins, Colorado, the plat of which is recorded in Book 2263 at Page 1736 of
said Land Records; said point of beginning is also described as the northeast
corner of said 1.00' Strip of Prospect Greens, First Filing; thence leaving said
point of beginning and binding on the line of division between said 1.00' Strip
and said Prospect II the following one course and distance:
1) SOOo 26' 15"E 145.02' to a point; thence leaving said line of division and
running through said 1.00' Strip along the southerly line of the easement
herein described the following one course and distance:
2) N890 36' 30*W 1.00' to a point on the west line of said 1.00' Strip; thence
binding on said west line the following one course and distance:
3) Noon 26' 150Y 145.02' to intersect the extension of the above mentioned N890
36' 30"F. 4.39' line; thence leaving said line of division and binding on
the extension of said li,_e the following lne course and distance:
4) S890 36' 30"E 1.00' to the point of beginning.
The above permanent drainage and utility easement, as described, contains 145
square feet, or 0.003 acres of land.
ON BEHALF OF AND FOR:
GREENHORNE & O'MARA, INC.
28656
.•ai4� MARK A. MILLER, CO PLS 28656
EXHIBIT "A"
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PERMANENT DRAINAGE
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THE NORTH 145' OF A
"1.00' STRIP NOT DEDICATED
AS STREET". PROSPECT
GREENS, FIRST FILING
FORT COLLINS, COLORADO
N 89'36'30"W_
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PAGE 1736
POINT OF
BEGINING
1.00' WIDE
PERMANENT
DRAINAGE
AND UTILITY
-EASEMENT
CONTAINING
145 SQ.FT.
TH LINE
EASEMENT
GRAPHIC SCALE
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( IN FEET )
NOTE: THIS EXHIBIT IS INTENDED ONLY TO DEPICT THE ATTACHED LEGAL 1 inch = 20 ft
DESCRIPTION, AND DOES NOT REPRESENT A MONUMENTED BOUNDARY SURVEY.
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PERMANENT DRAINAGE
AND UTILITY
EASEMENT
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EXHIBIT "A" age 5 of 6
TEMPORARY CONSTRUCTION EASEMENT
PROSPECT II SUBDIVISION
May 15, 1989
A Temporary Construction Easement located in Prospect 1. •.hdivision, a part of the
northeast one -quarter of Section 22, Township 7 North, Range 69 Wes rr the Sixth
Principal Meridian, City of Fort Collins, County of Larimer, State Colorado,
with bearings herein being relative to the plat of said subdivision as recorded
March 20, 1984 in Book 2263 at Page 1736 of the Latimer County records, and more
particularly described as follows:
Commencing on the West line of said Prospect II Subdivision at the northerly line
of an existing 60.00 feet wide Drainage Easement as shown on said subdivision plat;
Thence North 510 58' 40" East, along said northerly line, a distance of 1.01 feet
to the Point of Beginning on the southerly line of the parcel of land described
at Reception No. 87017367 of the Larimer County records;
Thence North 450 00' 00" East, along said southerly line, a distance of 197.52
feet;
Thence South 380 01' 20" East a distance of 57.00 feet to said northerly line of
an existing 60.00 feet wide Drainage Easement;
Thence along said northerly line the following two (2) courses:
1. South 800 12' 00" West a distance of 69.79 feet;
2. South 510 58' 40" West a distance of 134.56 feet to the Point of Beginning;
Containing 3,367 square feet or 0.077 acres, more or less.
E. t•``�J`)\�;• G STEq•'9.,1�!.� On Behalf of and For:
�• Q' Ep % S GREENHORNE fi O'MARA, INC.
* 20142 *�
�•OSUaq •• 0 J E. Kratz, P.L.S
/&-OF rn\— lorado Reg. No. 201 2
PART OF THE NE 1/4, "-' EC
N., R. 69 W., 6th PM
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Page 6 of 6
EXHIBIT
EXISTING
-� DRAINAGE
EASEMENT
0 20 40
SCALE:
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PlQnnen + SGienfiete + Sisvwort
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TEMPORARY CONSTRUCTION EASEMENT
PROSPECT II SUBDIVISION
CITY OF FORT COLLINS, COUNTY OF LARIMER, COLORADO
J.b M.
4071
699
r.= 20
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6 of 6
No modification, waiver or amendment of this instrument shall be binding
upon a party unless in writing and signed by such party. The grant of easement
and other obligations contained herein shall run with the land and be binding
upon and inure to the benefit of the successors and assigns of the parties
hereto.
Dated this�`'day of.,Z, , 1992.
Attest:
GRANTOR:
FIRST NATIONWIDE BANK, a Federal Savings
Bank, successor by merger to Columbia
Savings, a Federal Savings and Loan
Association
By;
Its: 1>7-l1 / z
GRANTEE:
CITY OF FORT COLLINS, a Colorado municipal
corporation
By: By:
City Clerk City Manager
STATE OF COLORADO )
ss.
COUNTY OF ARAPAHOE )
The foregoing Easement Deed was acknowledged before me this /ot-h day of
t�ece beR 1992, by �/. 17%,r £d;e as /tt /,' ��-yes'c%� of First
Nationwide Bank, a Federa Savings Bang, successor by merger to Columbia Savings,
a Federal Savings and Loan Association.
Witness my hand and official seal.
My commission expires: '2 /99`�
Notary Public
i
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing Easement Deed was acknowledged before me this / day of
S, T c,/ ✓ , 1992, by �,? �jc,-!calf as City Manager and lJcz ,
as City Clerk of the City of Fort Collins, a Colorado municipal corporation.
Witness my hand and official sea].
//
My commission expires:'t
Notary Public
g:\cn�tloc',ensement 99£
3
EXHIBIT "A"
DESCRIPTION FOR A PERMANENT UTILITY EASEMENT
An easement over and across portions of Prospect II plat, located
in the Northeast Quarter of SQction 22, Township 7, North, Range 69
West of the Gth Principal Mardian,, City of Fort Collins, Larimor
County, Colorado, being more particularly described as follows:
Considering the North line of the Northeast Quarter of said Section
22 as bearing South 90.00'00" West and with all bearings contained
heroin relative thereto:
Commencing at the Northeast corner of said section 22; thence along
said North line South 90°o0'00" West, 716.48 feet; thence, South
00.44100" East 50.00 feet to the POINT OF BEGINNING; said point
being the Northeast corner of said Prospect II plat; thence along
the East line of said Prospect II, South 00.44100" East, 01.14
feet; thence, South 09°47100" West, 805.22 feet; thence, South
44.16'25" West, 77.65 feat; thence, South 00-47-10" East; 170.52,
feet; thence, South 90.00,00" West, 69.48 feet to the west line of
said Prospect 1I plat; thence along said West line North 01.01,20,1
West, 210.45 feet to a point on a non -tangent curve concave
southeasterly having a central angle of 55.4212311, a radius of
15.00 feet and the chord of which bears North 62-08142" East, 14.02
feet; thence along the arc of said curve 14.58 feet to the south
right-of-way line of Prospect Street and north line of Prospect II
plat; thence along said line, North 90.00'00" East, 940.45 feet to
the Point of Beginning.
The above described easement contains 1.057 acres more or less and
is subject to all easements and rights -of -way now on record or
existing. A portion of this easement contains 0.482 acres more or
less of existing utility easements shown on the Prospect II plat.
DESCRIPTION FOR A PERMANENT UTILITY EASEMENT
An easement over and across portions of Prospect II plat, located
in the Northeast Quarter of Section 22, Township 7, North, Range 69
West of the 6th Principal Meridian, City of Fort Collins, Larimor
county, Colorado, being more particularly described as follows:
Considering the North :line of the Northeast Quarter of said Section
22 as bearing South 90°00'00" West and with all bearings contained
heroin relative thereto:
Commencing at the Northeast corner of said Section 22; thence along
said North line South 90.00'00" West, 1677.69 feat; thence, South
01•01'20" East, 282.01 feet; thence, North 90.00'o0" East, 8.00
feet to the POINT OF DEGINNING; thence, North 90.00100" East,. 12.26
feet; thence South 00.0o'00" East, 171.00 feet;, thence, South
90•00'00" East, 41.44 feet; thence, South 00.00!00" East, 48.05
feet; thence, South 41-09100" West, 70.94 feet; thence North
01.01'20" West, 282.77 feet to the Point of Beginning.
The above described easement contains SG98 square feet more or less
and is subject to all easements and rights -of -way now on record or
existing.
020-085
6/25/92
100-2a8
SHEET 1 OF 1
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RCPTN # 93031934 O..i18/93 14:59:00 # PAGES - 11 FEE - $,00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE -
11 n2/9Z
RCPTN # 92068832 11/u4/92 11:14:00 # PAGES - 8 FEE - $40.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
DEED OF EASEMENT
199� i THIS DEED, made this day of ��C.��i�i�t.�� Y1 , ,
between STONECREEK ASSOCIATES, LTD., a Colorado Limited Partner-
ship, of the County of Arapahoe, State of Colorado, GRANTOR, whose
address is 5675 D.T.C. Blvd., #180, Englewood, Colorado 80111, and
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, of the
County of Larimer, State of Colorado, 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 TEN DOLLARS ($10.00), 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 conveys to the Grantee, its
successors 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 storm drainage
berm, public improvements, provided that said items are always
located below the surface of the land, with the exception of the
storm drainage berm, 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 "A"
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 restore said lands,
landscaping, fences, or other improvements to a level comparable
with their original condition. Construction shall commence no
earlier than June 1, 1993, terminate no later than December 31,
1994, and once commenced, construction will be completed within
ninety (90) days of said commencement date.
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 ease-
ments, said right of ingress and egress on said portion
shall be confined to such dedicated roads and highways;
sta.ecre\deedease
1
THIS CORRECTION DEED OF EASEMENT IS MADE FOR THE PURPOSE OF
CORRECTING THE LEGAL DESCRIPTION IN THAT DEED OF EASEMENT
BETWEEN THE PARTIES DATED October 27, 1992 AND RECORDED ON
November 2, 1992, AT RECEPTION 402068832 IN THE OFFICE OF THE
RECORDER OF LARIMER COUNTY, COLORADO.
(b) the right from time to time to enlarge, improve, recon-
struct, relocate and replace any public improvements, or
other structures constructed hereunder with any other
number or type of public improvements, or other struc-
tures 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.
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, succes-
sors 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, all pursuant to a motion adopted by the City
Council of the City of Fort Collins on the 2Lf" day of
19 9 '? .
Istonecre\deedease 2
JV��
STONECREEK ASSOCIATES, LTD.,
a Colorado Limited Partnership
BY: INVESTWEST PROPERTY III,
LTD., a Limited Partnership,
Its General Partner
BY: INVESTWEST PROPERTY CORP.,
a Colorado Corporation,
Its General P tner
BY: (,'UgAAA,,� C J.-�,
Warren P. Cohen,
President
Accepted by the City of Fort Collins, Colorado, this --?OL-J day
of L)Cf j'1'- , 1992 .
CITY OF FORT COLLINS, COLORADO
BY: C
City Manager
ATTEST:
J-City C
STATE OF COLORADO
COUNTY OF )
Subscribed and sworn to before me this 3`7 day of CC4--V'(?�
, 199;-� , by Warren P. Cohen, as President of
InvestWest Property Corp., a Colorado Corporation, General Partner
of InvestWest Property III, Ltd., a Limited Partnership, General
Partner of STONECREEK ASSOCIATES, LTD., a Colorad.o Limited
Partnership.
Witness my hand and official seal.
My commission expires: MyCOMMbiNExpires April.241goa
Notary Public
stonecre\deedease
I
V\
STATE OF COLORADO )
/ ) COUNTY OF ss: LPL, l�tf ✓ )
Subscribed and sworn to before me t
... 199-Z-,_ by. 2i, i-"
COLORADO.,
.s Off' day of C.'CC-✓
rye as City Manager
of CITY OF FORT COLLINS,
Witness my hand and official seal.
My commission expires:
`c / /t-
Notary Public
a,i ;nt: C:ry Attorney
stroonneecre\(((deedeae /
A
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