HomeMy WebLinkAboutSERVICE CENTER - Filed ED-EASEMENT DEDICATION - 2002-11-21RCPTN # 2000035321 1 /30/2000 16:08:00 # PAGEL - 7 FEE - $35.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
DEED OF EASEMENT PURPOWED COPY
NOT COMPARED
THIS DEED OF EASEMENT is made this _Ejk day of 2000 , by and
between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("the Grantor"),
whose mailing address is P.O. Box 580, Fort Collins, Colorado 80522, and CHARLES R. NAUTA
and CONNI E L. NAUTA ("the Grantees"), whose mailing address is 832 Wood Street, Fort Collins,
Colorado 80521.
WITNESSETH:
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 Grantees to the
Grantor, the receipt and adequacy ofwhichis hereby acknowledged, the Grantorhereby grants, sells
and conveys to the Grantees, and their successors and assigns, two (2) perpetual, non-exclusive
easements described as the "Nauta Drainage Easement" and the "Griffin Drain Easement" on
Exhibits "A" and "B" attached hereto and by this reference made a part hereof ("the Easements"),
the purpose of which shall be to operate, maintain, repair, reconstruct, replace, inspect and remove,
at any time and from time to time, underground drainage lines on, along, under and through the
Easements.
As a condition to the granting of the Easements, the Grantees covenant and agree that, in the
event their exercise of any rights acquired under this Deed of Easement results in the disturbance of
the surface of the real property within the Easements, they will forthwith restore said lands,
landscaping, fences, or other improvements to a level comparable with their original condition.
The Grantor further grants to the Grantees:
(a) the right of ingress to and egress from the Easements over and across said lands of
the Grantor by means of roads and lanes thereon, if such there be, otherwise by such
route or routes as shall occasion the least practicable damage and inconvenience to
the Grantor; provided, however, that if any portion of said lands is or shall be
subdivided and dedicated roads or highways on such portion shall extend to the
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 improve (but not enlarge), reconstruct, relocate and
replace any underground water lines or drains within the Easements either in their
original location or at any alternate location or locations within said Easements;
(c) the right to mark the location of the 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.
A
Hold for Dean & Reld, LLC
EXHIBIT B
DESCRIPTION OF THE CITY'S PROPERTY ON THE WEST SIDE OF NORTH WOOD
STREET
A tract of land located in the Southwest Quarter of Section 2 of
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, a portion of the
said tract is also located in the Plat of "Service Center Third
Subdivision" a Plat of record with the Clerk and Recorder of the
said Larimer County, a portion of the said tract is also a located
in that certain tract of land described in a Warranty Deed dated
February 3, 1986 and recorded at Reception No. 86005690 records of
the said Clerk and Recorder, a portion of the said tract is also a
located in that certain tract of land described in a Deed dated
March 4, 1977 and recorded in Book 1753 at Page 979 records of the
said Clerk and Recorder, more particularly described as follows;
Commencing at the southwest corner of the said Section 2;
THENCE along the south line of the said southwest quarter,
South 89 degrees 59 minutes 26 seconds East for a distance of
815.00 feet to the boundary of the said tract of land described at
Reception No. 86005890 and to the TRUE POINT OF BEGINNING of this
description;
THENCE along the said boundary, North 00 degrees 00 minutes 34
seconds East for a distance of 317.13 feet;
THENCE continuing along the said boundary, North 65 degrees 18
minutes 26 seconds West for a distance of 170.59 feet (previously
recorded as 167.76 feet);
THENCE continuing along the said boundary and its northerly
prolongation, North 00 degrees 00 minutes 34 seconds East for a
distance of 404.03 feet (previously recorded as 403.63 feet) to the
boundary of the said tract described in Book 1753 at Page 979;
THENCE along the said boundary described in Book 1753 at Page
979, the following seven (7) courses and distances, (1) South 89
degrees 58 minutes 29 seconds West for a distance of 1.17 feet;
(2) North 00 degrees 04 minutes 30 seconds West for a
distance of 198.00 feet;
(3) North 89 degrees 58 minutes 29 seconds East for a
distance of 130.00 feet;
(4) North 00 degrees 04 minutes 30 seconds West for a
distance of 276.00 feet
(5) North 89 degrees 58 minutes 29 seconds East for a
distance of 534.04 feet (previously recorded as 530.0 feet);
(6) South 00 degrees 04 minutes 06 seconds East for a
distance of 474.00 feet;
(7) South 89 degrees 58 minutes 29 seconds West for a
distance of 35.82 feet to the northerly prolongation of the
boundary of Lot 1 of the said plat of Service Center Third
Subdivision;
THENCE along the said prolongation and along -the boundary of
Lot 1 the following four (4) courses and distances, (1) South 00
PAGE 1 OF 2
degrees 00 minutes 34 seconds West for a distance of 595.78 feet
(previously recorded as 595.00 feet);
(2) South 02 degrees 35 minutes 50 seconds West for a
distance of 177.18 feet;
(3) South 52 degrees 15 minutes 46 seconds West for a
distance of 19.60 feet;
(4) North 89 degrees 59 minutes 26 seconds West for a
distance of 280.00 feet to the said boundary of the tract of land
described at Reception No. 86005890;
THENCE along the said boundary described a Reception No.
86005890, South 00 degrees 00 minutes 34 seconds West for a
distance of 8.00 feet;
THENCE continuing along the said boundary, North 89 degrees 59
minutes 26 seconds West for a distance of 168.50 feet to the point
of beginning. Containing 16.48 acres more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description and areas are based upon previously
recorded plats and deeds and not upon a actual monumented field
survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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PAGE 2 OF 2, EXHIBIT B
EXHIBIT C
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UNDERGROUND
OUTFALL PIPE
EXHIBIT "D"
NOT TO SCALE
* LOCATIONS SHOWN ARE FOR ILLUSTRATIVE PURPOSES ONLY
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EXHIBIT "E"
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* LOCATIONS SHOWN ARE FOR ILLUSTRATIVE PURPOSES ONLY
The Grantor reserves the right to use the Easements for purposes which will not interfere with
the Grantees' full enjoyment of the rights hereby granted, and the parties further agree that the use
of the Easements by the Grantor and the agreements concerning those uses shall be as follows:
(a) the 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 the Easements;
(b) the 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 the Easements;
(c) this provision shall not be construed as prohibiting the Grantor from grading,
improving and/or resurfacing the surface of the real property within the Easements
for the purpose of providing a parking area for motor vehicles on such property, nor
shall it preclude the Grantor from installing utilities above or under the surface of
such property. In the event the Grantor decides to install any underground pipe or
drain under the drainage or collection lines owned by the Grantees, the Grantor shall
use its best reasonable efforts to engineer and complete such installation in such a
fashion so as to minimize the loss of any ground water flowing through said lines
TheGrantees hereby covenant and agree to indemnify the Grantor against any loss or damage
which shall be caused by the exercise of their rights under the Easements and said ingress and egress
or by any wrongful or negligent act or omission of the Grantees or of their agents, contractors or
employees in the course of their employment.
The Grantees hereby acknowledge and agree that the Grantor's conveyance is accepted by
the Grantees in full satisfaction of the Grantor's obligations under that certain Release and
Settlement Agreement between the Grantor and the Grantees dated April 6, 1995, notwithstanding
any discrepancy that may exist between the legal descriptions contained on Exhibits "A" and " B"
her and the easements described in paragraph 4.A. of said Release and Settlement Agreement.
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 Grantees have hereunto set their hand and seal the day and
year first above written; and the Grantor has caused this Agreement to be executed by its Mayor,
-2of4-
attested to by its City Clerk, and its corporate seal to be hereund ffixed, all }rsuant to a motion
adopted by the City Council of the City of Fort Collins on the day of
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
zv
City A orney
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
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The foregoing instrument was acknowledged before me this dayot`J '/a/a
, by Ray Martinez, Mayor of the City of Fort Collins, and Wanda M. Krajicek, City erk
of the City of Fort Collins.
Witness my hand and offi
My Commission Expires:
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GRANTEES:
C arles R. Nauta, Grantee
Connie L. Nauta, Grantee
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ! 7 day of— { =
Lc-d'CJ , by Charles R. Nauta and Connie L. Nauta, Grantees.
Witness my hand and official seal.
My Commission Expires:
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INC.
Engineering Consultants
209 S. Meldnrm
Fort Collins, Colorado 80521
303/482-5922
FAX: 3031482 636P
DESCRIPTION FOR DTAUTA DRAINAGE EASEMENT:
A drainage easement being a portion of City of Fort Collins Service
Cc,!nter P.U.U. located in the Southwest Quarter of Section 2,
Township 7 Nurth, Range 69 West of the 6th Principal Meridian, City
Of FOr-L Collins, County of Lar.imer, State of Colorado, being more
TrarL.icularly descr.ihed as follows:
Considering the Northerly line of saicl City of Fort Collins Service
Ccint.er P.U.D. as bearing South 6G016122" East and with all bearings
contained herein relative thereto:
Coulmenc.ing nt the Northwest corner of :acid City of Fort Collins
Service Center P.U.U.;
thence along the Northerly line of said City
Of Fort. Collins Service Center P.U.D., Solith 66036122" East, 31.6.75
feet to the POINT OF HF_'GltitllNG; thence continuing •long said
tdotthcrly line, South
66016122" East., 21.62 feet; thence departing
said Ilorth,:rly lino,
South 0102.2142" West, 28.07 feet; thence,
South 1'1017117" Ers:t,
5:1.33 feast; thence, South 72042'43" West,
J.00 feet; thence, North
1703.7'.t"/" bic:;t., 9.55 feet; thence, South
';"10"57" Fast, 30.94
Diet; thence, SouLh 870,19103" West., 20.00
feet; t?lerce, Nort.11
02'10'57" West., 69.80 feet; thence, South
West, 23.25
feet; thence, North 29057125" West, 20.00
f^ra:; th_nce, iTortl,
60002135" Fast, 34.20 feet; thence, North
U1022'4 " east., 32.-;2
feet to the PoinL Of Beginning.
`.Che ;I:ovc dee.cr.ibed drainage easement contains 4,307 square feet
ailcl.le, subjec:L to al casements and rights -of -way now on record or
ex is t. 1nc�f,
06/26/95
020-132.01
FEXHIBIT
Denver 303/458-5526 A
DESCRIPTION OF THE GRIFFIN DRAIN EASEMENT
A 20.00 feet wide easement for the extension of the Griffin Drain
located in the Northwest quarter of Section 11, Township 7 North,
Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, a portion of the said Griffin
Drain easement is located in the Plat of "City Of Fort Collins
Service Center P.U.D." a plat of record with the Clerk and Recorder
of the said Larimer County, the said Griffin Drain is also located
in that certain tract of land owned by the said City of Fort
Collins as described in a Warranty Deed dated July 2, 1992, and
recorded at Reception No. 92037972 records of the said Clerk and
Recorder, the said Griffin Drain is also located in that certain
tract of land owned by the said City of Fort Collins as described
in a Quit Claim Deed dated December 9, 1998 and recorded at
Reception No. 98108085 records of the said Clerk and recorder, more
particularly described as follows;
Commencing at the intersection of the east right of way of Wood
Street with the north right of way of Elm Street, the said
intersection point is also the TRUE POINT OF BEGINNING of this
description;
THENCE along the said east right of way of Wood Street, North
00 degrees 14 minutes 48 seconds West for a distance of 20.00 feet
to a line which is 20.00 feet (measured at right angles) north of
and parallel with the said north right of way of Elm Street;
THENCE along the said parallel line, North 89 degrees 36
minutes 25 seconds East for a distance of 843.95 feet;
THENCE leaving the said parallel line, North 09 degrees 40
minutes 42 seconds East for a distance of 436.41 feet;
THENCE North 17 degrees 30 minutes 13 seconds East for a
distance of 363.26 feet to the north line of the said Plat of "City
of Fort Collins Service Center P.U.D.;
THENCE along the said north line, South 86 degrees 24 minutes
36 seconds East for a distance of 20.60 feet to a point which is
247.73 feet westerly of the northeast corner of the said Plat, as
measured along the north line of the said Plat;
THENCE leaving the said north line, South 17 degrees 30
minutes 13 seconds West for a distance of 366.84 feet;
THENCE South 09 degrees 40 minutes 42 seconds West for a
distance of 451.80 feet to the said north right of way of Elm
Street;
THENCE along the said north right of way, South 89 degrees 36
minutes 25 seconds West for a distance of 860.77 feet to the point
of beginning. Containing 33230 square feet (0.763 Acres) more
less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT
9 s
ME CORNER
CITY OF FC GRIFFIN DRAIN EASEMENT
SERCI
VICE CENTER SER
EXTENSION
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84
20' EASEMENT
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NOVEMBER 18, 1999
NOTE
THIS SKETCH AND THE AREAS
SHOWN, DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
REGNO.
91t2r7l772
20' EASEMENT
33230 SOFT.
20.00'
N00014'48'W
WOOD STREET
LOOMIS
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EXHIBIT A
DESCRIPTION OF THE CITY'S PROPERTY ON THE EAST SIDE OF NORTH WOOD
STREET
A tract of land located in the Southwest Quarter of Section 2, and
in the Northwest Quarter of Section 11 all of Township 7 North,
Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said tract is also a portion
of the Plat of "City Of Fort Collins Service Center P.U.D." a Plat
of record with the Clerk and Recorder of the said Larimer County,
a portion of the said tract is also a located in that certain tract
of land described in a Warranty Deed dated July 2, 1992 and
recorded at Reception No. 92037972 records of the said Clerk and
Recorder, more particularly described as follows;
Commencing at the south quarter corner of the said Section 2, the
said south quarter corner is also the TRUE POINT OF BEGINNING of
this description;
THENCE along the boundary of the said plat of City Of Fort
Collins Service Center P.U.D., North 00 degrees 03 minutes 43
seconds West for a distance of 342.28 feet;
THENCE continuing along the said boundary, North 86 degrees 24
minutes 36 seconds West for a distance of 473.37 feet to the
boundary of that certain tract of land as described in a Quit Claim
Deed dated October 8, 1993 and recorded at Reception No. 93074528
records of the said Clerk and Recorder;
THENCE along the said boundary recorded at Reception No.
93074528 the following six (6) courses and distances, (1) South 58
degrees 55 minutes 44 seconds West for a distance of 15.40 feet;
(2) North 86 degrees 29 minutes 17 seconds West for a
distance of 304.65 feet;
(3) North 73 degrees 42
distance of 10.53 feet;
(4) North 86 degrees 30
distance of 149.55 feet;
(5) North 66 degrees 26
distance of 89.87 feet;
minutes 01 seconds West for a
minutes 57 seconds West for a
minutes 00 seconds West for a
(6) North 00 degrees 02 minutes 38 seconds East for a
distance of 6.06 feet to the said boundary of the plat of City Of
Fort Collins Service Center P.U.D.;
THENCE continuing along the said boundary the following four
(4) courses and distances, (1) North 66 degrees 16 minutes 22
seconds West for a distance of 265.13 feet;
(2) South 00 degrees 04 minutes 06 seconds East for a
distance of 543.14 feet;
(3) North 89 degrees 59 minutes 26 seconds West for a
distance of 22.66 feet;
(4) South 00 degrees 14 minutes 48 seconds East for a
distance of 104.12 feet to the boundary the said tract of land
described at Reception No. 92037972;
PAGE 1 OF 2
THENCE along the said boundary recorded at Reception No.
92037972 the following four (4) courses and distances, (1) North 89
degrees 56 minutes 26 seconds West for a distance of 27.34 feet;
(2) South 00 degrees 14 minutes 48 seconds East for a
distance of 379.66 feet (previously recorded as 380.00 feet);
(3) North 89 degrees 36 minutes 25 seconds East for a
distance of 1103.07 feet (previously recorded as 1103.40 feet);
(4) North 65 degrees 24 minutes 26 seconds West for a
distance of 165.47 feet to the said boundary of the plat of City Of
Fort Collins Service Center P.U.D.;
THENCE continuing along the said Plat boundary the following
eight (8) courses and distances, (1) North 24 degrees 35 minutes 34
seconds East for a distance of 25.00 feet;
(2) North 65 degrees 24 minutes 26 seconds West for a
distance of 528.00 feet;
(3) North 24 degrees 35 minutes 34 seconds East for a
distance of 50.00 feet;
(4) South 65 degrees 24 minutes 26 seconds East for a
distance of 528.00 feet;
(5) North 24 degrees 35 minutes 34 seconds East for a
distance of 25.00 feet;
(6) South 65 degrees 24 minutes 26 seconds East for a
distance of 285.36 feet;
(7) North 89 degrees 36 minutes 25 seconds East for a
distance of 73.89 feet;
(8) North 00 degrees 45 minutes 33 seconds West for a
distance of 434.46 feet to the point of beginning. Containing
24.78 acres more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description and areas are based upon previously
recorded plats and deeds and not upon a actual monumented field
survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
LID
PAGE 2 OF 2, EXHIBIT A
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