HomeMy WebLinkAboutOVERLAND TRAIL FARM PHASE II - Filed ED-EASEMENT DEDICATION - 2002-12-03RCPTN # 87060033 10/19/.1 13:31:31 # OF PAGES - 4 FEE - $12.00
M. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- 5.00
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 29 T-L day of_Q 7
1987, by and between City of Fort Collins, Colorado, party of thefirst
part, and Giuliano & Father, party of the second part, WITNESSETH:
That for and in consideration of the covenants and agreements herein
and other good and valuable consideration in hand paid by second party to
first party, receipt of which is hereby acknowledged, first party has
granted and conveyed, and by these presents does grant a permanent,
non-exclusive easement for the installation, inspection, maintenance,
replacement or removal of a buried groundwater drainage line in and upon
land situate in the County of Larimer, State of Colorado, being described
as follows, to -wit:
The easement is described as follows: a twelve (12) foot wide easement,
being six (6) feet on each side of the centerline which begins at a point
on the south line of Lot 19 of Overland Trail Farm Phase II which bears
S 79' 12' W 6.00 feet from the southeast corner of said Lot 19, and run
thence along said centerline, S 000 10' E 340 feet, more or less to the
north bank of the existing stream.
As part of the consideration hereof, and by acceptance of this grant of
right of way, said second party agrees as follows:
1. That said permanent easement shall not exceed twelve (12) feet in
width over and across the above described property, except that the party
of the first part does hereby grant to the party of the second part a
temporary easement twenty-five (25) feet each side of the described
easement centerline for purposes of construction of said groundwater
drainage line.
2. All trenches and excavations made in the laying or repairing of
such pipeline shall be properly backfilled and the original surface soil
shall be placed on top. All gravel, stones and clods will be removed from
the finished backfill. The second party will finish the backfill after
normal settling of the soil so that the use and enjoyment of said land by
first party shall be suitable for the purpose now used. The entire area
that is disturbed by the construction shall be reseeded by the second party
in accordance with the City of Fort Collins Parks and Recreation Department
Standards. The second party will maintain the trench area and buried water
pipeline and be wholly responsible for all damages, to property, real or
personal, which may be caused by the installation, reinstallation,
maintenance and use of said groundwater pipeline.
Both parties hereto agree that all groundwater drainage pipelines or
other facilities constructed or installed at second party's expense upon
property owned by first party shall remain the property of second party and
shall be removable at the option of second party upon approval of the Parks
and Recreation Department of the said City. Any such removal shall include
complete restoration of the property in a manner acceptable to the Parks
and Recreation Department.
First party does hereby covenant with second party that first party is
lawfully seized and possessed of the real property described, that first
party has a good and lawful right to convey said property or any part
thereof.
Whenever used herein the singular shall include the plural, the plural
shall include the singular, and the use of any gender shall be applicable
to all genders. All of the covenants herein shall be binding upon the
respective heirs, personal representatives, successors or assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
and affixed their corporation seals, the day and year first above written.
City of Fort Collins
Party of ttye First Part
As-stt+ni Mayor
APPROVED AS TO FORM:
A,,,,t. City Attorney
Director Par cs nd
Recreation Department
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this nday of
6�,I I r , 19,E by i �I I , /
Witness my hand and official seal.
My commission expires:
Notary Public
Giuliano & Father
Party of the Second Part
By: Giuliano & Father
1�
STATE OF COLORADO
ss.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me
19,4 by r_
Wi nC ess my hand and official seal
eal.
My commission expires: _ MY COMMISSION EXPIRES10-07-90
Notary.Public
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