Loading...
HomeMy WebLinkAboutBURNS RANCH AT QUAIL RIDGE SECOND - Filed ED-EASEMENT DEDICATION - 2002-10-30HCP'1'N V 430F48[4 y%08%y3 1"i:01:00 4 PAGES - 4 Fh: F,' - h7ii. iJ!i M R(MkN,NHF:Rf,N:H HFf'Ukl)i.. Fl i,AKIMWR f'.()1j NTV l'11 R'1'A'Pk. MW WWW GRANT OF EASEMENT This Grant of Easement is made and entered into this llth day of May, 1993, by and between d. Jensen Enterprises, a Colorado Corporation, (hereinafter referred to as the "Grantor"), Burns Ranches, Inc., a Colorado Corporation, whose address is 2813 South Overland Trail, Fort Collins, CO 80526, (hereinafter referred to as "Burns"), and the City of Fort Collins, Colorado, a municipal corporation, (hereinafter referred to as the "Grantee"). WITNESSETH THAT: For Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor has this date bargained, conveyed, delivered, transferred, and sold, and by these presents does bargain, convey, deliver, transfer and sell unto the Grantee, its successors, and assigns a non-exclusive drainage easement as described on Exhibit A attached hereto and incorporated herein by reference (hereinafter referred to as "Easement Area"). The easement is for the benefit of and appurtenant to the land known as the Burns Ranch, MRD #S-238-88 also known as Burns Ranch Phase II. The Grantor shall have the right to use and occupy the Easement Area for any purpose not inconsistent with the dedicated use of the Easement Area for drainage purposes. The drainage easement shall be installed in strict compliance with specifications of the City of Fort Collins and to the satisfaction of Grantor. Burns agrees to remove the existing earthen berm during the course of construction of the drainage easement and hereby agrees to utilize the utmost care to prevent damage to any of the present native vegetation, other than on the berm and in or surrounding the Easement Area. Burns further agrees to revegetate any area of vegetation damaged by construction equipment in the installation of the drainage easement. Burns, on behalf of itself, its successors, and assigns, hereby agrees to provide any maintenance or additional construction which may be required in the future by the City of Fort Collins to enhance, further develop, or otherwise require additional construction or maintenance to the Easement Area and to bear all costs associated therewith. Further, Burns agrees to indemnify and hold harmless Grantor, its successors and assigns against any loss or damage which should result from, arise out of, or be attributed to the use of the Easement Area, whether or not such uses are permitted or contemplated hereunder. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. ::17Y OF FOOT OOLLNS " GRANTOR: d. Jensen Enterprises, Inc. a Colorado corporation By: Q�2 Dan R. Je se President Attest: Jeanette Fritzler S,y retary Burns hereby accepts all obligations associated with the foregoing Grant of Easement. GRANTEE: Burns Ranch, Inc. Attest: % By: _� ILA Rex A. Burns, President Ruth E. Burns, Secretary STATE OF COLORADO ) ss: COUNTY OF LARIMER ) This foregoing instrument was acknowledged before me this day of � 1993, by Dan R. Jensen and Jeanette Fritzler, Presi en Secretary, respectively, of d. Jensen Enterprises, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: �19It a �1.4tA k. Aozi Notary Public STATE OF COLORADO ss: COUNTY OF LARIMER ) 1-1fi/This foregoing instrument was acknowledged before me this day of -u7-2.N,o , 1993, by Rex A. Burns and Ruth E. Burns, President and Secretary, respectively of Burns Ranch, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Sd2YJ2¢di 1y �iai�c--//JG�'/ otary Public 2 EXHIBIT A A drainage easement located in the Northeast Quarter of Section 29 and the Northwest Quarter of Section 28, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado, being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 29 as bearing North 00045100" East from a brass cap at the East Quarter corner of said Section 29 to an aluminum cap at the Northeast Quarter corner of said Section 29 and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 29; thence along said East line, North 00045100" East, 25.00 feet; thence South 88052159" West, 20.52 feet; thence, North 00045100" East, 714.75 feet to the POINT OF BEGINNING; thence North 00045100" East, 20.02 feet; thence, North 88020141" East, 42.02 feet; thence, South 76020149" East, 51.92 feet; thence South 56014153" East, 74.81 feet; thence, South 37017117" East, 49.81 feet; thence, South 84055137" East, 39.85 feet; thence, North 85051118" East, 38.37 feet; thence, North 45041154" East, 60.89 feet; thence, North 75032106" East, 16.89 feet; thence, South 66041139" East, 24.80 feet; thence, South 87004154" East, 14.70 feet; thence, North 75004130" East, 18.20 feet to a point on the Westerly right-of-way line of Overland Trail; thence along said Westerly right-of-way line, South 24024119" East, 20.28 feet; thence, South 75004/30/, West, 24.68 feet; thence, North 87004154" West, 21.43 feet; thence, North 66041139" West, 21.56 feet; thence, South 75032106" West, 4.72 feet; thence, South 45041154" West, 62.87 feet; thence, South 85051118" West, 47.29 feet; thence, North 84055137" West, 41.38 feet; thence, ,South 46039155" West, 36.86 feet; thence, North 59004116" West, 65.44 feet; thence, North 27001133" West, 90.10 feet; thence, North 76020149" West, 19.92 feet; thence, South 88020141" West, 40.17 feet to the Point of Beginning. ATTORNEY'S CERTIFICATE This is to certify that on the 26}kj day of M a 1993, I examined the title to the property as described he eon and established that the owner and proprietor of record of the said property as construed in C.R.S. 1973, 31-23-111, is d. Jensen Enterprises, a Colorado corporation. Ramsey D. att, . #392 MARCH & M A ff. P. 110 East Oak Street, Suite 200 Fort Collins, CO 80524 Telephone: (303) 482-4322 B3 City of Fort Collins Engineering Department r° 5 q N„ W 7� dui Drainage easement Burns Ranch at Quail Ridge 2nd Filing NO SCALD MAP #6