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HomeMy WebLinkAboutBURNS RANCH AT QUAIL RIDGE SECOND - Filed RD-ROW DEDICATION - 2002-11-07GRANT OF EASEMENT This grant of Easement, made and entered into this day of e Y _, 1993, by and between the CITY OF FORT COLLINS COLORADO, a municipal corporation ("grantor") and BURNS RANCHES, INC., a Colorado corporation whose address is 2813 S. Overland Trail, Fort Collins, Colorado 80526 ("Grantee"), witnesseth that: In consideration of Ten and no/100 Dollars ($10.00), the provisions hereof, and other good and valuable consideration, the receipt and sufficiency of which are 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 and its successors and assigns a nonexclusive emergency access easement as described on Exhibit "A" attached hereto and incorporated herein by this reference (the ("Easement"). The Easement is for the benefit of and appurtenant to the land land known as Burns Ranch, MRD #5-238-88. The Grantee shall have the right to use and occupy the easement for any purpose not inconsistent with the dedicated use of the Easement for emergency access purposes; in this connection, it is contemplated by the parties that Grantor will use all or a portion of the Easement as a hiking/bike trail. Grantee shall construct an emergency access road on and over the Easementin strict compliance with the plans and specifications for such prepared by RBD, Inc. engineers, whose address is 2900 S. College Avenue, Fort Collins, Colorado 80525, which plans and specifications have been approved by Grantor. Grantee shall not damage any native vegetation outside the Easement as described herein (in the event any native vegetation outside the Easement should be damaged by construction equipment in the installation of the road, Grantee shall, at its expense, re -vegetate such area with like plant matter). Each party to this Agreement shall have the right, but not the obligation, to maintain the Easement for its own lawful purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. GRANTOR: CITY OF FC3RT?COLLINS,,,d0i))RADO By: Mayor STATE OF COLORADO ss. COUNTY OF LARIMER ) ATTEST: City Clerk The foregoing instrument was ackn wledged before me t is day of {il.i il� v i 199�' by ,,- and respectively, of the City of Fort Collins, Colorado, a municipal corporation. Witness my hand and official seal. Notary Public My commission expires: :)el GRANTEE: BURNS RANCHES, INC. By: 6� / Rex A. Burns, President STATE OF COLORADO ATTEST: 1��A Ruth E. Burns, Secretary ss. COUNTY OF LARIMER ) The o e of g instrument was acknowledged before me this �� day of 1993 by Rex A. Burns and Ruth E. Burns President and Secretary, respectively, of Burns Ranches, Inc., a Colorado corporation. Witness my hand and official seal Notary Public My commission expires: /-,24-92 2 /. INC. Engineering Consultants Fort Collins, Colorado 80521 EXHIBIT "A" 303/482-5922 FAX: 303/482-6368 DESCRIPTION FOR EMERGENCY ACCESS ROAD EASEMENT An easement located in the Northeast Quarter of Section 29 and in the Northwest Quarter of Section 28, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: That portion of an easement 20 feet in width with foreshortened and prolonged sidelines to meet the property lines and shall be 10 feet each side measured at right angles and parallel with the centerline described as follows: Considering the East line of the Northeast Quarter of said Section 29 as bearing North 00°45'00" East from a Brass Cap at the East Quarter corner of said Section 29 to a Aluminum Cap at the Northeast 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 00°45'00" East, 25.00 feet; thence, South 88*52159" West, 20.52 feet; thence, North 00*45100" East, 20.76 feet to the POINT OF BEGINNING of said centerline, said point being on a curve concave to the Northwest having a central angle of 71*5915511, a radius of 285.00 feet and the chord of which bears North 30*56117" East, 335.03 feet; thence along the arc of said curve 358.13 feet; thence, North 05*03140" West, 198.10 feet to a point on a curve concave to the East having a central angle of 44°29'09", a radius of 150.00 feet and the chord of which bears North 17°10155" East, 113.56 feet; thence along the arc of said curve 116.46 feet; thence, North 39*25129" East, 56.61 feet to a point on a curve concave to the Northwest having a central angle of 23°46147", a radius of 100.00 feet and the chord of which bears North 27°32106" East, 41.21 feet; thence along the arc of said curve 41.50 feet; thence, North 15*38142" East, 196.04 feet to the West line of Overland Trail, said point being the Terminus of said centerline. The above described tract of land contains 0.418 acres more or less and is subject to all easements and rights -of -way now on record or existing. 10/12/93 394-007 Other Offices: Denver 3031458-5526 • Vail 3031476-6340 / / V L I G � G^✓ ,ice`° tP �� � . f 'JY9 K