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Home My WebLink AboutBABBITT - Filed ED-EASEMENT DEDICATION - 2002-12-16RCPTN 4 RPO(;2227 1�- 2g199 1-6:4P:27 4 OF PA -S - 5 FEE - C7-5• 00 M. ROnENBFRGER, RECORDER - LARIMER COTINTY CO STATE DOC FEE- S.nffx DEED OF EASEMENT THIS DEED, made this 8 day of !7 i✓c�^L 1988, between JOSEPH GUTIERREZ AND LYDIA E. GUTIERREZ of the County of Larimer, State of Colorado, GRANTOR, whose address is 1607 Sudbury Court, Fort Collins, Colorado 80525 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 TEN DOLLARS ($10.00), 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 public improvements, 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. As a part of the consideration hereof, and by acceptance of this Deed of Easement, the Grantee shall, at its own expense, accomplish the items listed in Exhibit "B" attached hereto and by reference made a part hereof. 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 from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures constructed hereunder with any other number or type of public improvements, or other structures either in the original location or at any alternate location or locations within said easements; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; (d) the right to mark the location of said 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. 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 I the parties further agree that the uses of said easement by Grantor and the J 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; (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 Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to a motion adopted by the City Council of the City of Fort Collins on the 2Dtl.-day of lkctnn — , 1988. STATE OF COLORADO ss. Joseph Gutierrez, Grantor Lydia E. Gutierrez, Grantor, COUNTY OF LARIMER ) ) Subscribed and sworn to before me this day of 1988, by Joseph Gutierrez, and Lydia E. Gutierrez, as Grantors. Witness my hand and official seal. My Commission expires: Notary Public Address: - Accepted by the City of Fort Collins, Colorado this day of 198'2,. CITY 0 - FORT COLLINS, CO ORADO By L My Manager ATTEST: /4�— (:?'i" City Cl (CORPORATE SEAL) APPROV AS TO FORM: Assistant City Attorney EXHIBIT A DESCRIPTION FOR A PERMANENT EASEMENT FOR JOSEPH AND LIDIA GUTIERREZ. An easement on, over and across portions of that certain parcel described in Book 8704, Page 7224, Larimer County Records located in Babbitt Addition to the City of Fort Collins, Colorado and more particularly described as follows: Beginning at the Northwesterly corner of Lot 5, Block 1 of Bab- bitt Addition to the City of Fort Collins, thence, along the southerly line of Laporte Avenue, South 89°30'23" East, 35.00 feet; thence, South 29°20'23" East, 46.12 feet; thence, North 89' 30'23" West, 35.00 feet; thence, along the centerline of the Larimer County Canal #2, North 29°20'23" West, 46.12 feet to the Point of Beginning. The above described easement contains 1400 square feet more or less. LAPORTE AVE. BRIDGE REPLACEMENT RBD, INC. L4 '�:" Terry G. Everett, P.L.S. Date fb 1111111 i,1!11/J!/ N E V F / �• - � 17483 *= -- Q: 0 g '�u'j,:;y o; O OF C 0De`��`� EXHIBIT B 1. Grantee shall grade, compact and pave with 3" of hot bituminous pavement Grantor's 16' x 80' circular driveway (143 sq. yd.) or the equivalent thereof at the location shown below. Grantor shall be responsible for grading, compacting and paving the remaining driveway/parking area (156 sq. yd.) and for maintenance of the entire paved area on his/her property. 2. Grantee shall relocate two small evergreen trees to an area on the Grantor's property adjacent to the easement. UJ L ` 5048 7 Sa4d. I 5048.4 Go OTC — — — — I� q' COIJ A� - 30' p LIMIT CTYf) ` - 2e' W C �(P) W - C R A S S y o J NaiQ 41 Ga5 c`n;, ►' uGW' 2";GAS 6Y PSGo 00 Q 13 ! PSCO 'a1 + rSecnor1, Lt�E •ram O \_ 1-4-*rVG I 1-Z"PVC. 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