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HomeMy WebLinkAboutHARMONY MOBILE HOME PARK - Filed ED-EASEMENT DEDICATION - 2002-10-25RCPTN # 9JU021/8 0111219.1 10:38:00 # PAGES - 6 FEE - $30.00 M. RODENHERGF.R RECORDER, 1,ARIMER COUNTY CO STATE: DO(' FEE - $.00 DEED OF EASEMENT THIS DEED, made this day of December , 1992 , between HARMONY ROAD MOBILE HOME PARK PARTNERSHIP, a Colorado General Partnership, of the County of Larimer , State of Colorado, GRANTOR, whose address is 6240 North Federal Boulevard, Denver, Colorado, 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 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 non-exclusive easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time a waterline, 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 Lar.imer, State of Colorado, being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof. 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 easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) 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; (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; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shall not 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 the ground level in said easements; (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 easements. 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. In consideration for Grantor granting the foregoing easement, Grantee agrees as follows: (a) Grantee will duly maintain the easement in accordance with applicable law and ordinance; (b) Grantee shall terminate the easement and deliver to Grantor an appropriate written document evidencing same in the event the easement is no longer needed by Grantee; and (c) Grantee indemnifies and agrees to hold Grantor harmless for liability for damage caused by the Grantee's negligence in constructing the project and use of the project, but subject to the Grantee's defenses and immunity under the Colorado Governmental Immunity Act and as otherwise provided by law. Recording of the easement granted herein shall constitute irrefutable evidence that Grantee is bound by its agreements set forth herein. 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 2 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 bynthe City Council of the City of Fort Collins on the "1 day of g2(XtA.. 199�. J HARM�RO4H PARTNE IP By: General Partner STATE OF COLORADO ) ) ss. COUNTY OF Adams ) Subscribed and sworn to before me this 9thday of December 199� by Edward H Brooks as General Partner of Harmony Road Mobile Home Partnership. witness my hand and official seal. My Commission expires: Jan 17, 1994 Notar PINlic Accepted by the City of Fort Collins, Colorado this day of (�i199�. ,Jt CITY tF FORT CO IN C LORADO By City Manager ATTEST: City Clerk 3 (CORPORATE SEAL) APPROVED AS TO FORM Assista ity Attorney i. / EXHIBIT "A" Page 1 of 2 DESCRIPTION OF A WATERLINE EASEMENT IN THE HARMONY ROAD MOBILE HOME PARK A tract of land located in the southwest one quarter of Section 32, Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, being more particularly described as follows; Considering the line between the west one quarter of the said Section 32, being a aluminum cap in a range box, and the northwest corner of the northeast one quarter of the said southwest one quarter, being a No. 4 rebar with LS 16415 cap, being the north line of the said southwest one quarter as bearing South 89 degrees 32 minutes 15 seconds East, and with all bearings contained herein relative thereto; Commencing at the said west one quarter of Section 32, THENCE along the said north line of the southwest one quarter, South 89 degrees 32 minutes 15 seconds East for a distance of 1323.16 feet to the said northwest corner of the northeast one quarter of the southwest one quarter; THENCE continuing along the said north line, South 89 degrees 32 minutes 15 seconds East for a distance of 168.15 feet; THENCE South 00 degrees 37 minutes 58 seconds East for a distance of 7.83 feet to the TRUE POINT OF BEGINNING of this description; THENCE South 00 degrees 37 minutes 58 seconds East for a distance of 29.57 feet; THENCE North 88 degrees 51 minutes 47 seconds East for a distance of 45.08 feet; THENCE North 01 degrees 08 minutes 13 seconds West for a distance of 20.00 feet; THENCE South 88 degrees 51 minutes 47 seconds West for a distance of 24.91 feet; THENCE North 00 degrees 37 minutes 58 seconds West for a distance of 9.39 feet; THENCE South 89 degrees 22 minutes 02 seconds West for a distance of 20.00 feet to the point of beginning. The above described tract contains 1090 square feet and is subject to all easements and rights of ways now existing or of record. I hereby state that the above easement 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. (i�lQYlc-- C!qg WALLACE C. MUSCOTT DAT COLORADO P.L.S. 17497 ' O%4 ��� ttttU�" ; T C_) W Y I— z W W L� Q W z EXHIBIT "A" &-, cc W �D Z � C_ r w i U N M v \ Z w 1— (n u W W a w iO ODco co 0 0 ,00,02 P1,8I,80<I0 N 3 ins w c N co co 4 i.n co v ti o m Z 0 S 00°37'58'E 29.57' 14 o W � J W O cz= Y W W zr¢ � CZ 0 U F W 3¢zo /z== Page 2 of 2 3 " Qb0?J 3NIId38NI1 J-�`�:J�l• �� *HARMONY RD. MOBILE HOME PARK JJ M _SEMENT -- ra o \.w um n zps xz. 4; K� ncsn� tt \ III• EM Rld HARMONY ROAD MAP #3 IN4MJNY WAD �L HOW PARK