HomeMy WebLinkAboutJOHNSON ELEMENTARY - Filed ED-EASEMENT DEDICATION - 2002-12-16RCPTN # 88019074 O"/29/88 08:58:33 4 OF PAGES - 4 FEE - 512.00
M. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- 8.00
JOINT GRANT OF EASEMENT AGREEMENT
This agreement made this //Zj. day of
1988, between Poudre School District R-1 of the County of Larimer, State of
Colorado (the District) whose address is 2407 Laporte Avenue, Fort Collins,
Colorado 80521, and City of Fort Collins, Colorado, a municipal corporation,
(the City) whose address is 300 Laporte Avenue, Fort Collins, Colorado
80521, WITNESSETH THAT:
The District, for and in consideration of ten dollars ($10.00) and
other valuable consideration, the receipt whereof is hereby acknowledged,
hereby grants, bargains and conveys to the City, a perpetual right-of-way
for access, on, along, and across all of the hereinafter described real
property situate in the County of Larimer, State of Colorado, being the
south twenty feet of that easement more particularly described on Exhibit
"A" attached hereto and incorporated herein.
The City, for and in consideration of the sum of ten dollars ($10.00)
and other valuable consideration, the receipt whereof is hereby
acknowledged, hereby grants, bargains and conveys to the District, a
perpetual right-of-way for access, on, along, and across all of the
hereinafter described real property situate in the County of Larimer, State
of Colorado, being the north twenty feet of that easement more particularly
described on Exhibit "A" attached hereto and incorporated herein. The
roadway comprising the property described on Exhibit "A" is intended by the
parties to be used by the public for access to Johnson Elementary School,
including access to the parking lots located on the east side of the
buildings.
In addition thereto, the District grants to the City the right to use
the parking lot areas at Johnson Elementary School during non -school hours
for public parking for users of the park located to the north of the
easement.
Regular minor maintenance for the property described on Exhibit "A"
shall be at the sole expense and the sole responsibility of the District.
The District and the City shall share equally the responsibility and
expenses of major capital improvements to the property described on Exhibit
"A", including repaving as necessary.
Each party reserves the right to use their respective easements for
purposes which will not interfere with the other party's full enjoyment of
the rights hereby granted.
The District states that it is the lawful owner in fee simple of the
south twenty feet of the property described on Exhibit "A"; 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. The
City states that it is the lawful owner in fee simple of the north twenty
feet of the property described on Exhibit "A"; 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.
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All of the covenants herein contained shall be binding and inure to
the benefit of the parties hereto, their respective heirs, personal
representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written; and the City has caused this
instrument to be executed as an agreement by its Mayor, 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 Fort Collins, Colorado on the
f q _ day of y �.�0.i��i�� r �� 1988.
POUDRE SCHOOL DISTRICT R-1
By: 4 U
Jos h & Daly, Pre dent
Board of Education
ATTEST:
Betty Eng rt, Secrigtary to the Board
[SEAL}
STATE OF COLORADO )
COUNTY OF LARIMER ) ss.
Acknowledged and subscribed before me this 01 day of
1988 by Joseph E. Daly as President of the Board of
Education of Poudre School District R-1 and by Betty Englert as Secretary to
the Board.
Witness my hand and official seal.
Notary Public
My Commission Expires: l!��}-, ff
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�ix� ,P43 `vl!1�18T 0Y, 1991
CITY OF FORT COLLINS, COLORADO
By:
My o
ATTEST:
�,l1� 1r, ate.. _ i'•
City Clerk
-- , -
[SEAL]
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Acknowledged and subscribed before
1988 by
as City Clerk.
Witness my hand and official seal.
My Commission Expires:
me this day of
as Mayor and Wanda Krajicek
Notary Public
No Text
RCPTN # 88019075 04/29/88 09:00.01 # OF PAVES - 5 FEF - 815.00
M. RODENBERGER, RECC ER - LARIMER COUNTY CO ST. s BOC FEF- 5.00
GRANT OF EASEMENT
THIS INDENTURE, made this & day of 198F, between
POUDRE SCHOOL DISTRICT R-1 of the County of Larimer, State of Colorado,
GRANTOR, whose address is 2407 LaPorte Avenue, Fort Collins, Colorado 80521,
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 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, to install, operate, maintain, repair,
reconstruct, replace, inspect and remove, at any time and from time to time
underground utilities and a surface pedestrian path.
In addition thereto, Grantor grants to the Grantee a temporary
construction easement as described in Exhibit "A" 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 with their original condition.
The Grantor further grants to the Grantee:
(a) the right of ingress to and egress from said easements over
and across any adjacent lands owned by Grantor by means of
such roads and lanes thereon as are designated by Grantor
in writing (amendable at Grantor's discretion) for such use;
or, if at any time no such roads or lanes exist, then by the
most direct available route between the easement and the
nearest public right-of-way.
(b) the right from time to time and as necessary, to maintain,
to enlarge, improve, reconstruct, relocate and replace any
public improvements, or other structures constructed here-
under 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.
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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;
(b) Grantor shall not intentionally or knowingly deposit, earth,
rubbish, debris, or any other substance or material, whether
combustible or noncombustible, on said easements, except
temporarily and with adequate warning signs posted.
(c) Grantor shall not landscape the easement without receiving
prior written approval from the Grantee's Planning and Water
Utility Departments.
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.
Grantee agrees to assume sole responsibility for maintaining the
easement. Grantee shall, to the extent permitted by law, fully defend and
indemnify Poudre School District R-1, its officers, its employees and its
agents from any claim of or liability to, any third party that arises in
any manner out of this agreement except such as arises from a material
breach by the District of any covenant of this agreement.
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 run with the
property described herein, 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's authorized representatives have
hereunto set their hand and seal the day and year first above written; and
the Grantee has caused this Indenture 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 _J�, day of i!• , 19800.
POUDRE SCHOOL DISTRICT R-1 of
LARIMER COUNTY, STATE OF COLORADO
By: J,- z ;t -
Press 4enof the Boap of Education
ATTEST:
(Seal)
V Wym A IF I N N f W 1�
I • 11. •
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Acknowledged subscribed and sworn to before me this J�+ day of
198` , by Zo s� L. tr*1ll as President of the
Board and as Secretar .
Witness my hand and official seal.
My Commission expires: 'Vly CQ-riliT"S"'09 2X°�iE � V4,+ 1 04, �
Notary Public
Address: .]A t Rye. t--\. Cclli�s; to `�I
Acce, ted and agreed to by the City of Fort Collins, Colorado this olik
day of N1�r, 198 r .
CITY OF FORT COLLINS, OLORADO
By: C `
City Manager
ATTEST:
Appr0- To Foral: A
City Clerk
(CORPORATE SEAL)
A PERMANENT 40' UTILITY EASEMENT AND, A
TEMPORARY 60' CONSTRUCTION EASEMENT LOCATED IN
SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
DESCRIPTION
A 40 foot permanent utility easement and a 60 foot temporary con-
struction easement on, over and across a certain parcel of land
described at Reception Number 860448572 Larimer County records
located in Section 34, Township 7 North, Range 69 West of the6th
P.M. ("subject parcel"), County of Larimer, State of Colorado,
and described as follows:
That portion of a permanent easement 40 feet in width located on
the subject parcel with foreshortened and prolonged sidelines to
meet the property lines of the subject parcel and shall be 15
feet Southerly and 25 feet Northerly as measured at right angles
and parallel with the centerline as constructed and the center-
line described as follows:
Also; a construction easement 60 feet in width located on the
subject parcel with foreshortened and prolonged sidelines to meet
the property lines of the subject parcel and shall be the
Southerly 60 feet of the Southerly 75 feet as measured at right
angles and parallel with the centerline as constructed and the
centerline described as follows:
Considering the East-West centerline of said Section 34 as
bearing, South 89° 50'46" West and with all bearings contained
herein relative thereto:
Commencing at the East Quarter corner of said Section 34; thence
along said East-West centerline, South 89°50'46" West, 2605.33
feet to a point on the said described centerline, said point
being the POINT OF BEGINNING; thence along said centerline, South
44°50'46" West, 35.36 feet; thence, South 89°50'46" West, 10.36
feet to a point on the North -South centerline of said Section 34,
said point also being the 'Terminus of said Centerline. The loca-
tion of said easement in relation to the subject parcel is fur-
ther illustrated on the attached Exhibit "A".
The above described permanent easement contains 1461 square feet
and the above described temporary construction easement contains
7670 square feet and is subject to all other easements, restric-
tions and rights -of -ways now on record or existing.
RBD, Inc.
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TerrY rett P.L.S.
Colo. Reg. No. 17483
EXHIBIT "A"
A PERMANENT 40'UTILITY EASEMENT AND A
TEMPORARY 60' CONSTRUCTION EASEMENT LOCATED IN
SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
SCALE 1"=50'
TERMINUS POINT
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