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Home My WebLink AboutFAIRWAY ESTATES - Filed EV-EASEMENT VACATION - 2002-10-25RCPTN # 920bb35`) 10/19/92 14:S6:UU # PAGES - 3 FEE - $15.00 M RODENHP:Ft(:;R RM;CURDF:R, [,ARIMER COJNTY CO STATE DtiC FEE - $.00 GRANT OF ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS: That U S WEST COMMUNICATIONS, INC., formerly known as THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY ("Grantors"), in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("Grantee"), whose address is 300 LaPorte Avenue, Fort Collins, Colorado, 80521, a non-exclusive perpetual access easement over that certain real property legally described on Exhibit "A," attached hereto and incorporated herein by this reference ("the Easement"), to be used to provide the Grantee access. The Grantee shall indemnify Grantor from and against any and all claims, liabilities and damages arising solely from Grantee's use of the Easement. The Grantee shall repair any damage to the asphalt parking lot of the Grantor caused by the Grantee in the usage of the Easement. The Grantor states it is the lawful owner in fee simple of the Easement; that it has good and lawful right and authority to grant, sell and convey the Easement or any part thereof and that it warrants the title of the Easement. 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. Easement IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seal the day and year first above written; and the Grantee has caused this 421W 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 day of ;...-r 1992. YJ REVIEWED AND APFK' .�I.: ; BY L€RL DEFA TMEW- BY: K � aiL 9Z �1, 9z ATTEST: U S WEST COMMUNICATIONS, INC., formerly known as THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY Bv: U S WEST Business Resources, Inc. Authorized Agent / Title: Area Manager -Real Estate Title: STATE OF COLORADO ) )ss. County of .1RmveR ) Subscribed and sworn to before me this 2C day of 5eatmQyejZ , 1992, by ;taNQY C-21UAN as C'A MBA RRJp6eRR-eA1 e11n- - Witness my hand and official seal. AUA�d 0��,ML-) Notary Public My Commission Expires:18 (`�n1 Accepted by the City of Fort Collins, Colorado, this day of 1992. ATTEST: CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Citvy Manager 2 EXHIBIT "A" yn DESCRIPTION OF THE CENTERLINE OF A 16.00 FEET WIDE ACCESS EASEMENT ACROSS A PORTION OF THE "US -WEST" TRACT A tract of land located in the northwest one quarter of Section 1 Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being located in the Plat of Fairway Estates, a plat of record with the Clerk and Recorder of the said Larimer County, also being located in that certain tract of land as described in that certain Deed dated December 3, 1971 and recorded in Book 1485 at Page 149 records of the said Clerk and Recorder, being 8.00 feet on each side of the following described centerline, with the sidelines of the said description being prolongated or foreshortened to their points of intersection with adjacent boundary lines; Considering the south line of the said tract described in Book 1485 at Page 149, also being the north right of way of Palmer Road, as bearing North 89 degrees 08 minutes 00 seconds West and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said tract described in Book 1485 at Page 149, THENCE along the said south line, North 89 degrees 08 minutes 00 seconds West for a distance of 30.84 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 01 degrees 21 minutes 14 seconds East for a distance of 125.19 feet; THENCE North 29 degrees 44 minutes 41 seconds West for a distance of 20.00 feet; THENCE North 01 degrees 21 minutes 14 seconds East for a distance of 98.32 feet; THENCE North 27 degrees 31 minutes 00 seconds East for a distance of 66.92 feet; THENCE along a curve to the right having a radius of 25.00 feet, a central angle of 31 degrees 08 minutes 48 seconds and an arc length of 13.59 feet, being subtended by a chord of North 43 degrees 05 minutes 24 seconds East for a distance of 13.42 feet to the east line of the said tract described in Book 1485 at Page 149, and to the terminus of the said centerline. The said terminus point being North 00 degrees 51 minutes 00 seconds East for a distance of 310.47 feet from the said southeast corner of the said tract as measured along the east line of the said tract. The above described tract contains 5182 square feet and is subject to all easements and rights of ways now existing or of record. I hereby state that the above property description accurately describes a survey done by me or under my direct supervision and is true and correct to the best of my professional knowledge, belief and opinion. WW. ✓N,r 3d �sz + 0 1"' WALLACE C. MUSCOTT COLORADO P.L.S. 17497 DATE =3 "fo�o.':, = j 17497 OFC,:, Map #3 EASEMENT L❑CATI❑N SKETCH PROPOSED 16' WIDE ACCESS EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ACROSS A PORTION OF THE "US WEST" PROPERTY NORTH LINE 'US WEST ' PROPERTY N 1 NTS JUNE 26, 1992 i i TEMP. CONST. EASEMENT / EDGE OF EXISTING ASPHALT (TYP.)� WCM CENTERLINE 16' WIDE ACCESS EASEMENT NOTE THIS SKETCH AND THE AREAS SHOVN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A HONUHENTED BOUNDARY SURVEY. IWI i P N �co a, IZ "I I 8' 8' N 29'44'41'W 20.00' II EDGE OF EXISTING IW . I ASPHALT CTYP.) N � IIZ,NII N 89'08'00'w 30.84' x x +- A=13.59' R=25.0' x 1,TEMP. CONST. EASEMENT x I x x EXISTING FENCE L-x �x r P M W 0 0 0 SOUTHEAST CORNER 'US WEST' PROPERTY PALMER DRIVE (CLUBHOUSE DRIVE)