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HomeMy WebLinkAboutANHEUSER-BUSCH INC - Filed ED-EASEMENT DEDICATION - 2002-10-23RCPTN # 92026461 05/13/92 09:21:00 # PAGES - 7 FEE - $35.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 JEF853 1/15/92 CORRECTIVE DEED OF EASEMENT THIS DEED OF EASEMENT is made as of the 16th day of January, 1992, between ANHEUSER-BUSCH, INC., a Missouri corporation ("Grantor), with offices at One Busch Place, St. Louis, Missouri 63118, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("Grantee"), whose address is 300 Laporte Avenue, Fort Collins, Colorado 80521. WITNESSETH: WHEREAS, on November 9, 1989, Grantor delivered a Deed of Easement ("D of E I") to Grantee dated as of July 10, 1989, which was substantially in the form of this instrumnt; the D of E I was not placed of record by Grantee; and WHEREAS, the "as -built" condition of the facilities as constructed according to D of E I does not conform to the legal description of the Easements set forth therein; and WHEREAS, the parties desire to correct the prior grant in the D of E I by the execution, delivery and recording of this Corrective Deed of Easement; and WHEREAS, the parties desire to rescind D of E I, and Grantee desires to relinquish all rights conveyed thereunder; NOW, THEREFORE, for and in consideration of the premises, and the covenants and agreements herein set forth, the sum of $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 a nonexclusive and perpetual easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, underground pipes, facilities and structures for a City water line together with any and all related structures and facilities including, without limitation, pipes, conduits, vaults, foundations, footings, and other appliances, on, along and in all of those certain lands which are situated in the County of Larimer, State of Colorado, being described more fully on Exhibits A, A-1 and A-2 attached hereto and by this reference made a part hereof, and sometimes hereinafter referred to as the "easement area." In addition, Grantor grants to the Grantee a nonexclusive and perpetual construction and maintenance easement ten (10) feet wide as described on Exhibit "B" attached hereto and by this reference made a part hereof for the purpose of access and maintenance, from time to time, as required for Grantee to exercise its rights hereunder. / RPN Of FO9-T 001 `�J Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 0 As a condition to the granting of this easement the Grantee covenants and agrees to restore said easement area, lands, landscaping, fences, or other improvements to a level and a condition comparable with their original condition upon completion of any work by Grantee with respect to this easement. The Grantor further grants to the Grantee the right of ingress and egress from said easement areas over and across said lands of the Grantor by means of roads and lanes thereon. Grantor shall install the water line along a line which is approximately five (5) feet to the west of the center line of the easement area described on Exhibit A and approximately along the center line of the easement area described on Exhibits A-1 and A-2. Grantee shall not have the right to install or construct any additional water lines within the easement area without the prior written consent of Grantor, which consent shall not be unreasonably withheld, but Grantee shall have the right to repair and maintain the water line without prior notice to Grantor, and Grantee shall further have the right to relocate the water line without Grantor's consent (but only after giving Grantor thirty (30) days prior written notice) if such relocation is required for Grantee to replace the line as part of an increase in the capacity of the line. Grantee recognizes that the easement herein granted is a nonexclusive easement and that Grantor intends to or may grant easements in the same area for the construction, operation and maintenance of other utility lines and appurtenances thereto for additional utility facilities, including without limitation for gas lines, waste water lines, telephone lines and cable television lines and that Grantor may install its own facilities within such easement area. Grantor agrees that Grantee shall have the right to review and approve the plans for the installation of such additional facilities with respect to compliance with laws, and safety and access concerns, such approval not to be unreasonably withheld or delayed. Grantee agrees to construct, operate and maintain its water lines and the appurtenances thereto in such manner that the same will not interfere unreasonably with the construction, operation and maintenance of such other utility lines and appurtenances. Grantor agrees to assume a like responsibility for not interfering with Grantee's utility lines and the appurtenances thereto and for the protection of all other utility lines it may install in the easement area and all appurtenances to any of them, the installation of which lines is hereinafter provided for, and to require that all third -party grantees of easement rights in the easement area as is provided for in this paragraph assume a like responsibility for such non-interference and for the protection of their own utility lines and all appurtenances thereto. -2- Page is too large to OCR. Page is too large to OCR. K Grantor agrees not to erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction, or otherwise add to or reduce the ground level in the easement area (described in Exhibits A, A-1, A-2 and B) to such extent that the addition or reduction interferes with the easement rights herein 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, subject to all easements, restrictions, reservations and encumbrances thereon. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. Grantee hereby relinquishes any rights conveyed to it under D of E I, and quit claims to Grantor all rights conferred thereby. The effective date of this agreement shall be July 10, 1989, notwithstanding the date of execution. 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 Deed to be executed as an Agreement by its Mayor, 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 -k,044 day of %� ny1 1992. ANHEUSER-BUSCH, INC. ATTEST: By: Ass' taut Secretary Its -3- L� STATE OF MISSOURI ) SS. CITY OF ST. LOUIS ) Subscribed and sworn to before me ��"`' day thi of anw? 1992 by --John C Z�_ as -f " of Anheuser-Busch, Inc., a Missouri corporation. Witness my hand and official seal. My Commission expires: 7 jjj a 11 i. 0' r '. :•I �(..h ili�a'i . •. �niC.� uhEY,� 1C35 Notary Pu lac Acceppt�_ed by the City of Fort Collins, Colorado, this _-RA day of 1992. CITY OF FORT COLLINS, COLORADO ATTEST: 7AOMN0 By: City Clerk Mayor (CORPORATE SEAL) -4- EXHIBIT A A strip of land being situated in the Northwest 1/4 of Section 33, Township 8 North, Range 68 West of the 6th P.M., in the City of Fort Collins, County of Latimer, State of Colorado, which considering the North line of said Northwest 1/4 as bearing N89053'24•W and with all bearings contained herein relative thereto, is contained within the boundary lines Which begin at A point which bears W19053'24•W $0.00 ft.. and again 100020'41•C So.00 ft. from the Worth 114 corner of said section 33. said point of beginning lying on the Southerly right-of-way oa 2 line of County Road S2, and run thence 5DO020'41•E y 1150.00 ft.: thence lta9053'24-W 25.00 ft.: thence tr Y 600020'41•P sos.s9 ft.: thencc West SO.00 ft.: w thence N00020'41-V 20.00 ft.-. thence List 2o.00 ft.. u thence NbS0221090E 100.44 ft.; thence N00020'41"W Q. 705.93 ft.; thence along the are of a $7.00 ft. radius O Curve to the tight a distance of 38.48 ft.. the long ebord of which curve beats WISOS913S"E 37.75 ft.: thence along the are of a S7.00 ft. tadius curve to the left a distance of 3a.4e ft.. the long Chard of which Curve beats N1865963S•L 37.7S ft.; thence N00020141OW 1058.66 ft.: thence 189053124"E 20.00 ft. along the South tight -of -way line of County load 62 to the point of beginning. Being the same tract over which Grantee obtained a right-of-way for purposes of ingress and egress by Warranty Deed, dated February 15, 1985, recorded March 3, 1985 as Reception No. 85010962. EXHIBIT A-1 REVISED 12-6 FOR REVISED TAP IClC1LTI0F DESCRIPTION Utility Easement A strip of land 20 feet in width situated in the Northwest 1/4, Section 33, Township 8 North, Range 68 West of the 6th P.M., Larimer County, Colorado, the centerline of which is described as follows: All bearings contained herein are relative to the northerly line of the Northwest 1/4 of Section 33 as bearing North 89*53124" West. Commencing at the North 1/4 corner of Section 33: THENCE South 2`40110" West, 1977.85 feet to a point on the westerly Right -of -Way line of the ingress and egress right-of-way as described in Reception No. 85010962 of the Larimer County Records, the TRUE POINT OF BEGINNING; THENCE parallel with and 10 feet distant northerly of the northerly line of that certain parcel described in Reception No. 85010962, N 90°00'00" W, 306.00 feet; THENCE South 0*20141" East, parallel with and 10 feet distant, westerly of the westerly line of said parcel, 400.00 feet; THENCE North 90100100" East, parallel with and 10 feet distant, southerly of the southerly line of said parcel, 276.94 feet; THENCE South 0*20141" East, 33.00 feet; THENCE North 90'00'00" East, 18.00 feet to a point over an existing 30" water line, the POINT OF TERMINUS. DESCRIPTION Utility Easement A strip of land 20 feet in width in the Northwest 1/4, Section 33, Township 8 North, Range 68 West of the 6th P.M., Larimer County, Colorado, the centerline of which is described as follows: All bearings contained herein are relative to the Northerly line of the Northwest 1/4 of said Section 33 as bearing North 89*5312411 West. Commencing at the North 1/4 corner of said Section 33: THENCE North 89'53124" West, along the Northerly line of said 1/4 Section, 70.00 feet; THENCE; South 0120141/1 East, 60.53 feet to a point on the Westerly Right-of-way line of the ingress and egress Right -of -Way as described in Reception No. 85010962 of the Larimer County Records, and the centerline of a 20.00 foot wide Utility Easement, the TRUE POINT OF BEGINNING; THENCE North 45*2014111 West, along the centerline of said Utility Easement, 15.00 feet to a point on the Southerly Right -Of -Way of County Road No. 52, as described as Right -of -Way Parcel No. 12 in Book No. 2289, Page No. 1283 of the Larimer County Records, the POINT OF TERMINUS. EXHIBIT B CONSTRUCTION ACCESS EASEMENT A strip of land ten (10) feet in width situated in the Northwest 1/4, Section 33, Township 8 North, Range 68 West of the 6th P.M., Larimer County, Colorado, the center line of which is parallel with and five (5) feet distant, on the south, west and north, from the portion of the easement area described on Exhibit A-1 hereof. d.7Z Administratii Services City Clerk City of Fort Collins June 2, 1992 TO: Jane Ferguson Klamer From: Karla Smith Enclosed is a copy of the Corrective Deed of Easement referred to in your January 16, 1992, correspondence to W. Paul Eckman, Esq., Deputy City Attorney. 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522 • (303) 221-6515 Map #3 A—B Barley Water Main Research Center Easement County Rd. 52 Vicinity Map Not to Scale