HomeMy WebLinkAboutTROUTMAN PUD PHASE TWO REPLAT - Filed ED-EASEMENT DEDICATION - 2002-11-20CP'Cti ;I3, :i4 91 L4.41 :0U # PAcara - 1 h'H:L' _ US: h.u`i
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DEED OF EASEMENT
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THIS DEED, made this.2day of r4f ,, 997, between LAWRENCE H. PEXTON,
LYDIA M. COLLOPY, and FRANCIS W. COL-LOPY as Executor of the Estate of May
Troutman, of the County of Larimer, State of Colorado, GRANTOR, whose address is
2118 Country Club Cove, Fort Collins, Colorado 80524, 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 Nine Thousand Five Hundred Nineteen Dollars ($9,519.00), 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 easement and right-of-way to
install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and
from time to time Harmony Transmission Main III, 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 Larimer, State of Colorado, being described more fully on Exhibit "A" attached
hereto and by this reference made a part hereof.
In addition thereto, Grantor grants to the Grantee a temporary construction
easement being described more fully on Exhibit "B" attached hereto and by this reference
made a part hereof for the purpose of constructing the aforementioned public
improvements. As a condition of the granting of this temporary construction easement, the
Grantee covenants and agrees to restore said lands, landscaping, fences, or other
improvements to a level comparable to the condition it was just prior to construction.
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 to install, maintain and use gates in all fences which now cross or
shall hereafter cross said easements;
1
CITY OF FORT COLLINS
1.1:I,i11:11[iY 3Y
EXHIBIT
�O TEMPORARY CONSTRUCTION EASEMENT
\SW CORNER, SE 1/4
SECTION 35, T7N,
R69W, 6th P.M.
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SECTION 35. T7N,
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BURLINGTON NORTHERN RAILROAD
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ROCKY MOUNTAIN CONSULTANTS, INC.
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
Date: 01-15-97 Job No. 0270,055.00
S 88'24'49" E
LOT 5
Replat of
TROUTMAN P.U.D.
PHASE TWO
LOT 2
LOT 1
i
o = 03'10'27" SOUTH MASON STREET
R = 400.00'
L = 22.16'
ChB= S 02'01'40" W
ChD=22.16'
1 lillillm—�
RMIC SCALE: 1" = 50'
8301 E. Prentice Ave. THIS EXHIBIT DOES NOT REPRESENT
Suite 101 A MONUMENTED SURVEY. IT IS
Englewood, CO 80111 INTENDED ONLY TO DEPICT THE
303 741-6000 ATTACHED DESCRIPTION.
FAX 303 741-6106
EXHIBIT "B"
Page 4 of 4
LEGA1, DESCRIPTION Temporary Construction Easement `F'
Troutman P.U.D. 01/15/97
A Parcel of Land being a part of the "RFPLA'f OF TROUTMAN P.U.D., PHASE 11, a Subdivision
recorded in the office of the Larimer County Clerk and Recorder in Plat Rook T-34 at Page 1327 and
located in the Southeast Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being described as
tullows:
COMMENCING at the Southeast Corner of the Southeast Quarter of said Section 35 and
considering the South line of said Southeast Quarter to bear North 99' 51'51' West, with all bearings
contained herein relative thereto: thence North 36°07'48" West_ a distance of 1200.70 feet to a point
on the Westerly right-of-way line of South Mason Street, said point being the Southeast Corner of
said "Rcplat of I rouunan P.U.D., Phase 11" and the "POINT OF BEGINNINC"; thence North
89°46'16" West, along the South line of said subdivision, a distance of 48.86 feel; thence North
65 °20'54" West, a distance of 233.37 feet; thence North 88°24'49" West, a distance of 16.71 feet
to a point on the West line of said subdivision; thence North 01 °07'00" East, along said West line,
a distance of 40.00 feet; thence South 88°24'49" East, a distance of 25.20 feet: thence South
65 °20'54" Fast, a distance of 276.07 feet to said Westerly right-ol-way line of South Mason Street:
thence southerly along said right-of-way line, along a non -tangent curve to the left having a central
angle ol' 03 ° 10'27", a radius of 400.00 feet, an arc length of 22.16 feet and it chord which bears
South 02°01'40" Fast, a distance of 22.16 feet to the "POINT OF BEGINNING". The above
described pact contains 11,565 square feet, more or Tess.
DuWaync Phillips PLS 01/15/97
for and on behalf of
ROCKY MOUNTAIN CONSUTA'ANTS, Inc.
8301 lust Prentice Avenue Suite 101
Englewood, Colorado 80111
(303)741-6000
I I y OF FORT COLLII'ill+
V
HCPTN # CJ7008174 02/07/97 13:31:00 # PAVES - 4 PEE - $21.00
M HUUENNN:K(;F:R HKCUKUP:K , hAK I MKK COUNTY CU STATE I)OC h'EE,' - %.00
DEED OF DEDICATION FOR EASEMENTS
KNOW ALL MEN BY THESE PRESENTS: That the undersigned LAWRENCE H.
PEXTON, LYDIA M. COLLOPY, and FRANCIS W. COLLOPY as Executor of the Estate of May
Troutman, being the owners of certain real property in Latimer County, Colorado, legally described
as:
Lot 2, HIGHLINE AUTOS P.U.D., City of Fort Collins, County of Latimer,
State of Colorado
in the Latimer County Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of
which is hereby acknowledged, and other good and valuable consideration, do hereby dedicate,
transfer, and convey to THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
for public use forever, easements in The City of Fort Collins, County of Latimer, State of Colorado,
more particularly described on Exhibit "A' attached hereto and by this reference made a part hereof.
It is understood by the undersigned that, by acceptance of this dedication, The City of Fort
Collins will not accept the duty of maintenance of such easement.
WITNESS our hands and seals this -3_ day of j2c3 cr )ti,199 1.
Grantors:
"Lawrence H. Pexton
Lydia M. Collopy
Charles T. Collopy as agent and attomey4 n-fact
for Lydia M. Collopy
Francis W. Collopy, as Executor of the Estate
of May Troutman
Francis W. Collopy, as Execu'lodof the
Estate of May Troutman
r°?1'1r a}e
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER ) -
The foregoing instrument was acknowledged before me this day of l--=--
199_�_, by C Collopy, as agent and attorney -in -fact for Lydia M. Collopy.
c E• FIt.,
BUG
STATE OF COLORADO
COUNTY OF LARM ER
and official seal.
10/27/00
ss.
was acknowledged before me this day of
s Executor of the Estate of May Troutman.
fficial seal.
10/27/00
STATE OF NORTH CAROLINA )
ss.
COUNTY OF
i he foregoing instrument was acknowledged before me this day of December, 1996,
by Lawrence H. Pexton.
WITNESS my hand and official seal.
My commission expires:
Notary Public �%
ACCEPTED by The City of Fort Collins on the
By: ,ty
Titlf: i
day of"✓��� 199 i.
Clerk
ATTO Y'S CERTIFICATE
This is to certify that on the of 199
property as described hereon and stablished that t e owners and pi
property as construed in C.R.S. 1973, 31-23-111, are as shown here
Name: _C
Address:
Registration No.: 1961
ad the title to the
ecord of the said
date.
�- MIBIT "A"
Easements on Lot 2 of Highline Autos P.U.D.
Utility Easement
Begin at the Northwest comer of Lot 2 of Highline Autos P.U.D. and run thence S 89' 46' 52" E
33.11 feet; thence S 000 13' 08" W 29.48 feet; thence S 65' 21' 22" E 198.17 feet to the westerly
he of a utility, access and drainage easement; thence along said westerly line, S 00' 13' 08" W
32.95 feet; thence N 65' 21' 22" W 224.43 feet; thence S 01' 06' 24" W 149.27 feet to the south
line of said Lot 2; thence N 89' 46' 52" W 10.00 feet to the Southwest comer of said Lot 2;
thence N 01' 06' 24" E 200.85 feet to the point of beginning.
Utility, Access and Drainage Easement
Begin at the Northeast comer of Lot 2 of ffiighline Autos P.U.D. and run thence S 00' 13' 08" W
174.02 feet; thence along the arc of a 400.00 foot radius curve to the left a distance of 26.83 feet,
the long chord of which bears S 01' 42' 08" E 26.82 feet to the Southeast comer of said Lot 2;
thence N 89' 46' 52" W 62.12 feet; thence N 01' 26' 46" W 26.82 feet; thence N 00' 13' 08" E
174.02 feet to the north line of said Lot 2; thence S 89° 46' 52" E 62.00 feet to the point of
beginning.
Temporary Storm Water Detention Pond Easement
Begin at a point of the north line of Lot 2 of lEghline Autos P.U.D. which bears N 89' 46' 52" W
62.00 feet from the Northeast comer of said Lot 2 and run thence S 00' 13' 08" W 130.00 feet;
thence N 37' 21' 00" W 164.01 feet to the north lime of said Lot 2; thence S 89' 46' 52" E 100.00
feet to the point of beginning.
This Easement shall terminate when alternative means are provided.
VICINITY MAP 01/17/97
MAP #1
Proposed Easements
1 "=100'
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; and,
(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.
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.
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 Mar-qer, attested to by its City Clerk, and its corporate seal to be
hereunto affixed on the � day of 1997.
Date: 5 �, a,- "5t- 4
Law nce H. Pexton, Grantor
Date: 2 2g� f� --?-Ie_,7'
L is M. Collopy, Grantor
Date: Z • ' 7 #-7
Francis W. Collopy, as Ex cuto of the Estate of
May Troutman
2
STATE OF )
ss. �
COUNTY OF )
Subscribed and sworn to b ore me this _ day of
H. Pexton, as Grantor.
Witness my hand an fficial seal.
My Commission ex Tres:
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
199_, by Lawrence
Subscribed and sworn to before me this 24th day of February, 1997, by C.T. Collopy
as agent and attorney -in -fact for Lydia M. Collopy, Grantor.
Witness my hand and official seal.
"My Cormission expires: January
STATE OF COLORADO )
ss
COUNTY OF 6c,-1645k)
31, 1998
ajzll�
Notary Public
Subscribed and sworn to before me this2_7 day of /7-c7cZh4/ a F- -/ , 199-7, by
Francis W. Collopy, as Executor of the Estate of May Troutman, as Grantor.
Witness my hand and official seal.
My Commission expires: 1' 1,vY
PRY.?
PETER I
GROUSE
otary Public
3
Date: S — "'�i�•zr �� cc-
Lawrence H. Pexton, Grantor
STATE OF NORTH CAROLINA )
) ss
COUNTY OF I o 1
Subscribed and sworn to before me this 2501day of 1991 by
Lawrence H. Pexton, as Grantor. �—
Witness my hand and official seal.
My Commission expires: C4 Z(, Lj-
Notary Public
9
ATTEST:
APPROVED AS TO FORM
Assistant City Attorney
THE CITY OF FORT COLLINS, COLORADO,
Municipal Corporation
I.7
EXHIBIT "A" raye i Ul c
EXHIBIT
UTILITY EASEMENT
_il\SW CORNER, SE 1/4
SECTION 35, T7N,
R69W, 6th P.M.
BURLINGTON NORTHERN RAILROAD
N 01'07'00" E
Z 43.91'
N
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2 00 N
W —
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W
J LOT 4 I / LOT 5
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0 �F 1Q LOT 1 / ryo AREA=
9.311 sf.
Replat of
ro TROUTMAN P.U.D.
PHASE TWO
LOT 2
a
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NI
m
c7' /� 33.11'
a POINT OF - S 00'13'44" W
BEGINNING
SOUTH MASON STREET
N N
O
o � 6 = 00'40'11"
m io R = 400.00'
o rn L = 4.68'
ChB= S 00'06'22" E
�^ ChD=4.68'
POINT OF COMENCEMENT
SE CORNER, SE 1/4
SECTION 35, T7N,
R69W, 6th P.M.
ROCKY MOUNTAIN CONSULTANTS, INC.
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
� A M =I- 0014 =_
SCALE: 1" = 50'
3301 E. Prentice Ave. THIS EXHIBIT DOES NOT REPRESENT
Suite 101 A MONUMENTED SURVEY. IT IS
Englewood, CO 80111 INTENDED ONLY TO DEPICT THE
303 741-6000 ATTACHED DESCRIPTION.
FAX 303 741-6106 1
Date: 01-15--97 Job No. 0270.055.00
EXHIBIT "A"
Page 2 of 2
n
1,FGAL, DIiSCRIP'LION -Permanent Utility Easement `D', "Lroutinan P.U.D. 01/15/97
A Parcel of Land being a part of the "REPLAT OF'IROUTMAN P.U.D., PHASE 11, a Subdivision
recorded in the oflice of the Larimer County Clerk and Recorder in Plat Book T-34 at Page 1327 and
located in the Southeast Quarter of Section 35, "fownship 7 North, Range 69 West of the Sixth
Principal Meridian, City of Port C011ins, County of Larimer, State of Colorado, being described as
Hollows:
COMMENCING at the Southeast Corner of the Southeast Quarter of said Section 35 and
considering the South line of said .S'Outheast Quarter to bear North 89' 51'51' West, with all bearings
contained herein relative thereto; thence North 35°32'46" West, a distance of 12 19.11 feet to a point
on the Westerly right-of-way line of South Mason Street and the "POIN'1' 011' BEGINNING'%
thence North 65'20'54" West, a distance of 276.07 feet; thence North 88024'49" West, a distance
of 25.20 to a point on the West line of said subdivision; thence North 01 °0700" Bast, along said
West line, a distance of 43.91 feet; thence South 65° 18'07" East, a distance of 301 07 leet to said
Westerly right -of way line of South Mason Strcet; thence Southerly along said right-of-way line,
South 00' 1 Y-14" West, a distance of 33.I I feet to a point oCcurve, thence along a curve to the left
having a central angle ol'00°40'1 I", a radius of 400.00 feet, an arc length of 4.68 feet and a chord
which hears South 00°06'22" Fast, a distance of4.68 feet to the "POINT OF BEGINNING". The
above described tract contains 9.311 square feet, more or less.
DuWayne Phillips PLS 01/15/97
liar and on behalf of
ROCKY MOUN'CAIN CONSULLANTS, Inc.
8301 Fast Prentice Avenue Suite 101
Englewood, Colorado 80111
(303)741-6000
Lxf111511 "15" rage 1 OT 4
EXHIBIT
TEMPORARY CONSTRUCTION EASEMENT
\SW CORNER, SE 1/4
SECTION 35, T7N,
R69W, 6th P.M.
BURLINGTON NORTHERN RAILROAD
LOT 1 /
�I
N 07'07'00" E
LOT 5
ry
h
4 sf.
o
Replat
of
TROUTMAN
P.U.D.
CO
PHASE
TWO
LOT 2
S 0013'44" W
POINT OF
BEGINNING SOUTH MASON STREET
POINT OF COMENCEMENT
SE CORNER, SE 1/4
SECTION 35. T7N,
R69W, 6th P.M.
ROCKY MOUNTAIN CONSULTANTS, INC. RMC
CML AND ENVIRONMENTAL ENGINEERING • PLANNING 8301 E. Prentice Ave.
Suite 101
Englewood. CO 80111
(303) 741-6000
Dote: 01-15-97 Job No. 0270.055.00 FAX (303) 741-6106
SCALE: 1" = 50'
THIS EXHIBIT DOES NOT REPRESENT
A MONUMENTED SURVEY. IT IS
INTENDED ONLY TO DEPICT THE
ATTACHED DESCRIPTION.
EXHIBIT "B"
Page 2 of 4
LEGAL DESCRIPTION Temporary Construction Easement `G'
Troutman 1'.1 J.D. 01/15/97
A Parcel of band being a part of the "REPLAT OF TROUTMAN P.U.D., PHASE II, a Subdivision
recorded in the oil -ice of -tile Latimer County Clerk and Recorder in Plat Book T-34 at Page 1327 and
located in the Southeast Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, County of Latimer_ State of Colorado, being described as
follows:
COMMENCING at the Southeast Corner of the Southeast Quarter of said Section 35 and
considering the South line of said Southeast Quarter to bear North 89' 5 V5 V West, with all bearings
contained herein relative thereto; thence North 34°39'26" West, it distance of 1246.14 feet to a point
on the Westerly right-of-way line of South Mason Street and the "POINT OF BEGINNING
thence North 65°18'07" West, a distance of 303.07 Icet to a point on the West line of said
subdivision; thence North 01 007'00" lust, along said West line, a distance of 32.73 feet, thence
South 65' 18'07" Fast, a distance of 302.52 feet to said Westerly right-of-way line of South Mason
Street: thence Southerly along said right-of-way line, South 00' 13'44" West, a distance of 32.96 feet
to the "1'OIN"h OF BEGINNING". The above described tract contains 9,094 square feet, more or
less.
Duwaync Phillips PLS O1/15/97
I'm- and on behalf of
ROCKY MOUNTAIN CONSULTANTS, Inc.
8301 Fast Prentice Avenue Suite 101
Englewood, Colorado 9011 1
(303) 741-6000