HomeMy WebLinkAboutBLOCK 9 400 JEFFERSON - Filed ED-EASEMENT DEDICATION - 2002-10-22RCPTN # 90004625 02/01/90 10:46:26 # OF PAGES — 1 FEE — $5.00
M. RODENBER;ER, RECOROEI LARTMER COUNTY CO STATE. C FEE— S.00
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC UTILITIES
Keith E. Hess, Grantor, of the County of Larimer, State of Colorado,
does hereby grant and convey to the City of Fort Collins, a municipal
corporation, its licensees, successors and assigns (Grantee) in
consideration of the payment by the Grantee of the sum of $410.00 and
other good and valuable consideration, receipt of which is hereby
acknowledged, a right-of-way and easement for the installation and
continued operation, maintenance, repair, alteration, inspection, and
replacement of the public utilities of the Grantee, in, on, across, or
above the following premises, belonging to the said Grantor in Larimer
County, State of Colorado, in the following location:
A three and two tenths (3.2) foot wide public utility easement in a
portion of Block 9 and a portion of vacated Jefferson Street in Fort
Collins, Larimer County, Colorado, the centerline of which is more
particularly described as: Commencing at a point of intersection of the
SE'ly line of Linden Street 100 feet wide as now established with the
NE'ly line of Jefferson Street 100 feet wide as formerly established;
then along said SE'ly line of Linden Street S 41°12' W, 30 feet; then
parallel with and 30 feet distant SW'ly measured at right angles from
said NE'ly line of Jefferson Street, S 48°52' E 560.4 feet to TRUE POINT
OF BEGINNING; thence N 41`12' E, 77 feet to the Point of Termination;
Together with all rights of ingress and egress necessary for full and
complete use, occupation, and enjoyment of the easement hereby granted,
and all rights and privileges incident thereto, including the right, as
becomes necessary, to cut, trim, and remove trees, brush, overhanging
branches, and other obstructions which may injure or interfere with the
Grantee's public utility system. Grantee shall be responsible for the
reasonable restoration of Grantor's property upon completion of
installation or otherwise compensate Grantor for damage done during
construction or subsequent reentry for repair or reconstruction
purposes. 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.
erg
Keith E. Hess
State of Colorado
County of Larimer
The foregoing c
day of Dc .
instrument
was acknowledged before me this
, A.D. 1989 by Keith E. Hess.
Witness my hand and official seal
My Commission expires:
1.1„ �'1nn>icr n(1 excc -s J.-Lia y i6, Ionl
Notary Public
CITY OF FORT GOLLINE r
PERMANENT WATER LINE EASEMENT
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RCPTN # 87055881 09/25/87 15:01:02 # OF PAGES — 6 FEE — $18.00
N. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- $.00
DEED OF EASEMENT
THIS DEED, made this i day of �,, f a:. 198 7 between JANE C.
GOODWIN of the County of Larimer, State of Colorado, GRANTOR, whose address is
111 E. Drake Road, Fort Collins, COLORADO 80525 , and THE CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 300
LaPorte Avenue, Fort Collins, Colorado 80521.
WITNESSETH:
That for and in consideration of the covenants and agreements herein set
forth, the sum of FIVE HUNDRED AND NO/100 DOLLARS ($ 500.00), 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
such waterline and other facilities, 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 described in 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 restore
said lands, landscaping, fences, or other improvements. to a level comparable
with their original condition.
The Grantor further grants to the Grantee:
(a) 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;
(b) the right to install, maintain and use gates in all fences which
now cross or shall hereafter cross said easements;
(c) 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;
however, Grantor shall not erect or construct any building or other structure
on said easement.
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, all pursuant to a motion
adopted by the City Council of the City of Fort Collins on the 15th day of
1987. ,1
Jane C.1!Goodwin, Grantor
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day oft'''''��
1987, by Jane C. Goodwin, as Grantor.
Witness my hand and official seal.
My Commission expires:
Notary Public
Address:
Accepted by the City of Fort Collins, Colorado this /$Ih day of &Iri—e r,
1987. V
CITY 0 FORT COLLINS, COLORADO
By
City Manager
A\TTTE S-T :
City Clerk
(CORPORATE SEAL)
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PART OF THE SOUTHWEST ONE -QUARTER OF SECTION 12,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 12, WHENCE THE
EAST -WEST CENTERLINE OF SAID SECTION 12 BEARS SOUTH 89°55'00" WEST SAID LINE
FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE SOUTH 65°44'14" WEST A
DISTANCE OF 1,300.65 FEET TO THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY
LINE OF JEFFERSON STREET (70' R.O.W.) AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF
EAST LINCOLN AVENUE (70' R.O.W.), WHENCE THE SOUTHWEST CORNER OF BLOCK 9 OF THE
CITY OF FT. COLLINS BEARS NORTH 41009'00" EAST A DISTANCE OF 30.00 FEET SAID
POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 48051100" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF
JEFFERSON STREET, A DISTANCE OF 30.00 FEET; THENCE NORTH 41°09'00" EAST, ALONG A
LINE 30.00 FEET NORTHWESTERLY FROM AND PARALLEL WITH SAID NORTHWESTERLY
RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE, A DISTANCE OF 72.66 FEET TO A POINT ON
A CURVE, WHENCE THE RADIUS POINT BEARS SOUTH 45039109" WEST A DISTANCE OF
1,407.69 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, CONCAVE
SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 01013'34" AND A RADIUS OF 1,407.69
FEET, BEING THE SOUTH-WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD
AS DESCRIBED IN BOOK 2018, PAGE 651 OF THE LARIMER COUNTY RECORDS, A DISTANCE OF
30.12 FEET TO SAID NORTHWESTERLY RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE;
THENCE NON -RADIALLY DEPARTING SAID CURVE SOUTH 41009'00" WEST ALONG SAID
NORTHWESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 69.97 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL OF LAND CONTAINS 0.049 ACRES.
SHEET 1 OF 2
RMC JOB NO. 0270.006.00D
DATE: 8/24/87
EXHIBIT f
PERMANENT WATER LINE EASEMENT
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v� KY NTAIN CONSULTANTS INC
7mjw— 006-00 D "Of U WNTICE Uw1 EMOLEWOOD . C0 8011,
r 8 -24 - 87 30! is i • 0
LEGAL DESCRIPTION
A 25 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT BEING A PART OF THE SOUTHWEST
ONE -QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 12, WHENCE THE
EAST -WEST CENTERLINE OF SAID SECTION 12 BEARS SOUTH 89055'00" WEST SAID LINE
FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE SOUTH 65°44'14" WEST A
DISTANCE OF 1,300.65 FEET TO THE INTERSECTION OF THE NORTHEASTERLY RIGHT=OF-WAY
LINE OF JEFFERSON STREET (70' R.O.W.) AND THE NORTHWESTERLY RIGHT-OF-WAY LINE OF
EAST LINCOLN AVENUE (70' R.O.W.), WHENCE THE SOUTHWEST CORNER OF BLOCK 9 OF THE
CITY OF FT. COLLINS BEARS NORTH 4I 09 00 EAST A DISTANCE OF 30.00 FEET, THENCE
NORTH 48 51 00 WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF JEFFERSON
STREET, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 48051'00"WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY
LINE A DISTANCE OF 25.00 FEET; THENCE NORTH 41009'00" EAST A DISTANCE OF 74.40
FEET TO A POINT ON A CURVE, WHENCE THE RADIUS POINT BEARS SOUTH 44-37-57" WEST A
DISTANCE OF 1,407.69 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
CONCAVE SOUTHWESTERLY HAVING A CENTRAL ANGLE OF 01001'12" AND A RADIUS OF
1,407.69 FEET, BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC
RAILROAD AS DESCRIBED IN BOOK 2018, PAGE 651 OF THE LARIMER COUNTY RECORDS, A
DISTANCE OF 25.06 FEET; THENCE NON -RADIALLY DEPARTING SAID CURVE SOUTH 41°09'00"
WEST, ALONG A LINE 30.00 FEET NORTHWESTERLY FROM AND PARALLEL WITH THE NORTH-
WESTERLY RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE, A DISTANCE OF 72.66 FEET
TO THE TRUE POINT OF BEGINNING.
SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 0.042 ACRES.
SHEET 1 OF 2
RMC JOB NO. 0270.006.000
DATE: 8/24/87
EXHIBIT
25' TEMPORARY COM$TRUGTION ESMT.
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AFCKY MOUNTAIN ONSULTAN'S INC
9)01 E. NIENTIct Avg. E►+OIEWOM , CO •om
30! 741 -4000
'ONSENT AND SUBORDINATION AGREE' IT
o WHEREAS, Keith E. Hess on the day of �Q,� , 190
o Ln
executed a certain easement to the City of Fort Collins for the
0
installation of utilities, which easement covers land in Larimer County,
Colorado, described as follows:
w A three and two tenths (3.2) foot wide public utility easement in a
44 1
W
W portion of Block 9 and a portion of vacated Jefferson Street in Fort
w
o Collins, Larimer County, Colorado, the centerline of which is more
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w w particularly described as follows: Commencing at the point of intersection
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w F of the SE'ly line of Linden Street 100 feet wide as now established with
w
o U the NE'ly line of Jefferson Street 100 feet wide as formerly established;
F then along said SE'ly line of Linden Street S 41° 12' W, 30 feet; then
mo
N o parallel with and 30 feet distant SW'ly measured at right angles from said
V
w NE'ly line of Jefferson Street, S 480 52' E 560.4 feet to TRUE POINT OF
a BEGINNING; thence N 41° 12' E, 77 feet to the Point of Termination;
a
a
NOW THEREFORE, Harvey G. Johnson & H. Gordon Johnson, the holders and
N a owners of a Deed of Trust recorded in Reception 8704 3666 of the Larimer
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0 o County Colorado records, for a valuable consideration, the receipt of which
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a is hereby acknowledged, hereby consents to the terms and provisions of said
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easement aforesaid without, however, joining in any of the warranties,
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W guarantees or indemnities contained therein, and agree that the subject
s« w Deed of Trust shall be subordinate to such easement in the event of
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w a foreclosure thereof.
a By/ C?,Z��r
H e) .'-Jo son
H. Gordon Johnson
STATE OF COLORADO)
)ss
COUNTY OF LARIMER)
Subscribed and sworn to before me by Harvey G. Johnson and by H. Gordon
Johnson this I qll� day of 19 `10 .
Witness my hand and official seal.
My Commission expires:
�� V�YLaYI�I�
r>F Fop,-i COLLINS f/
Notary Public
PROPOSED UNDERGROUND UTILITY EASEMENT
GRANTOR: KEITH E. HESS
LOCATION: 400 JEFFERSON 97123-05-011
PURPOSE: TO UNDERGROUND EXISTING OVERHEAD ELECTRIC
SYSTEM AND INSTALL PAD MOUNTED TRANSFORMERS
AND SWITCH CABINET
CONSIDERATION: $410.00o
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PROPOS Foo
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DEED OF DEDICATION FOR EASEMENT
KNOW ALL MZN BY THESE PRESENTS: That the undersigned
/Vyyi being the owner of certain real property
Larimer County, Colorado legally described at Reception
No.�3GU ,1'in the Larimer County Records, in consideration of
Dollars ($1o.00) in hand paid, receipt of which is hereby
acknowledged, and other good and valuable consideration, does
hereby dedicate, transfer, and convey to the City of Fort
Collins Colorado a Municipal Corporation, for public use
in
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forever a permanent easement for 51EiZ� i i7y/-� rry in the City
of Fort Collins, County of Larimer, State of Colorado, more
particularly described on Exhibit "A" attached hereto and by this
reference made a part hereof.
It is understood by the undersigned that, by acceptance of
this dedication, the City of Fort Collins will not accept the
duty of maintenance of such easement.
Witness our hands and seals this day of •%i,er_ 199&
Graqt.,or
By : k /11
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Title:
ATTEST:
By:
Title:
State of ��°��-�?.°• )
ss
County of
T e foregoing instrument was acknowledged
d y of 199ja, bywlr_wl <)
as
Witness my hand and official seal.
My commission expires:
L�r �
Notar Public
Accepted by the
��VPnib�� 199.
before me this
and
the -day
ATTORNEY'S CERTIFICATE
This is to certify that on the 1_day of T„1„ ,
1996, I examined the title to the property as described hereon
and established that the owners and proprietors of record of the
said property as construed in C.R.S. 1973, 31-23-111, are as
shown hereon as of said date.
Name:
R. William Wawro
Address: 205 S. Meldrum St.
Fort Collins, CO 80521
Registration No.:8517
STORM DRAINAGE EASEMENTS: MAWSON LUMBER COMPANY LTD.
In tract 4 of block 9 of the Original Plat of Fort Collins, all bearings being relative to the north line
of said tract and all distances being from the northwesterly corner of said tract:
Drainage Easement No. 1
From a point 51.0 feet east along the north line from the northwesterly corner of said tract,
known as the point of beginning: southwesterly 20.0 feet at a 90 degree angle to said line, thence
South 48deg 49min 09sec East 484.7 feet, thence South 44deg 23min East 114.6 feet to the east
property line of said tract, thence north along said east line 20.0 feet to the north line of said tract,
thence west along the north line of said tract to the point of beginning, also described as a portion
of the north 20.0 feet of said tract, which is subject to a dedicated railroad easement, an area of
0.275 acres more or less.
Drainage Easement No. 2
From a point approximately 204 feet east along the north line from the northwesterly comer of
said tract, also described as a point on the center -line of an existing concrete 24x36 inch storm
drain pipe, known as the point of beginning: a 20.0 foot easement approximately 157.83 feet
southwesterly to the south line of said tract such that the west boundary of said easement is 5.0
feet west from the pipe centerline and the east boundary is 15.0 feet east from the pipe centerline,
an area of 0.0725 acres more or less.
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LINCOLN
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RCPTN # 89099982 1-'29/89 11:37:41 # OF P- 3S - I FFF. - $5.00
14. RODENRERCER, RECO DER - LARI`KER COUNTY CO STATE 00C FEE- $,00
EASEMENT DEDICATION
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being the owners
of the following described tract of land, do hereby dedicate, transfer
and convey to the City of Fort Collins, Colorado, for use forever, an
easement for the installation and maintenance of utilities, over the
following described tract of land.
A part of Block 9 and vacated Chestnut Street, in the City of Fort
Collins, County of Larimer, State of Colorado, which begins at a
point on the northwesterly side of Lincoln Avenue which bears S
410 10' 51' W 273.05 feet from the most easterly corner of said
Block 9, and runs thence S 41' 10' 51" W 26.54 feet; thence along
the arc of a 1453.25 foot radius curve to the left a distance of
137.92 feet, the long chord of which bears N 46' 06' 43" W 137.87
feet; thence N 48' 49' 51" W 330.00 feet; thence N 41' 10' 09" E
20.00 feet; thence S 48' 49' 51" E 467.72 feet to the point of
beginning.
It is understood by the undersigned that, by acceptance of this
dedication, the City of Fort Collins will not accept the duty of
maintenance of such easement.
Witness our hands and seals this _� day of Z�f v�r3 �i7
A.D. 1989.
Thomas K. Moore
Nancy S. oore
STATE OF COLORADO)
)ss
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this L�day of
1989, by Thomas K. Moore and Nancy S. Moore.
6 Q.t.Cuot/C�,
Witness my hand and seal.
Notary Pu is
My commission expires: es 10/20/91
d`
ATTORNEY'S CERTIFICATE
This is to certify that on the 3o today of /fz»inl A.D.
19� I examined the title to the property hereon described and established
that the owners and proprietors of record of said property as construed
in C.R.S. 1973, 31-23-111, are as shown hereon as of said date.
Address:
Registration No. f5i'7
Citv of Fort Collins
Engineering Department
NO SCALE
MAWSON LUMBER
UTILITY EASEMENT
DEDICATION MAP
Mountain Avenue
December 1989
NEAP #1
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Prepared by kap