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HomeMy WebLinkAboutROLLAND MOORE PARK - Filed ED-EASEMENT DEDICATION - 2002-12-17GRANT OF EASEMENT THIS GRANT OF EASEMENT is made and entered into this day of , 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, the mailing address of which, for purposes of this Grant of Easement, is Park and Recreation Department, City of Fort Collins, Post Office Box 580, Fort Collins, Colorado 80522., hereinafter referred to as "the Grantor" and BRENKERT DEVELOPMENT CORPORATION, a Colorado Corporation, the mailing address of which, for purposes of this Grant of Easement, is 721 Dartmouth Trail, Fort Collins, Colorado 80525, hereinafter referred to as "the Grantee." WITNESSETH: For and in consideration of the mutual promises and covenants herein contained and the sum of FOUR THOUSAND FIVE HUNDRED ONE DOLLARS (;4,501.00) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the Grantee, its successors and assigns, a permanent easement for the installation, placement, construction, inspection and repair of a graduated slope or berm as more fully described hereinafter in, over, across and upon the following described property: A tract of land located in the Southeast quarter of Section 22, Township 7 North, Range 69 West, of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: WIN �A zWUee ; Affi 6 avOU AlNnoo x H QwwZ r —-- — I F' I O 0. =OWV W w Q a c�N°C G Z G z 02 II W I i uld as a i b 41 LL W Luavo NIIH38W11 1 15 LL J ZO J ��) w t .•Y W � 4� YJIr ^ r. f I ti§ U �- # _ 3N MA P 4 � vz m S 1 I ' Zd •v, r. � EASEMENT AGREEMENT _4THIS AGREEMENT, made and entered into this a 4 day of ,"qAM , 193_�e; by and between City of Fort Collins, Colorado, party of the first part, and Raintree Associates, party of the second part, WITNESSETH: That for and in consideration of the covenants and agreements herein and the sum of $2150.00 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 storm drainage line in and upon land situate in the County of Larimer, State of Colorado, being described as follows, to -wit: See Attached Exhibits "A" & "B" 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 20 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 as described in Exhibits A and B for purposes of construction of said storm 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 Storm Drainage Design Criteria and Construction Standards. The second party will maintain the trench a M pert and buried water pipeline and be wholly responsible for all damag_ , a p � or personal, which may be caused by the installation, reinstallation maintenance and use of said storm drainage pipeline. Both parties hereto agree that all storm 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 Storm Drainage Utility of the City of Fort Collins, and 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 and affixed their corporate seals, the day AP^^PR••OII�'ED /A�SC TO FORM: a ity Attorney f bi rector ParcTs a,6d Recreation Department STATE OF COLORADO ) ss. COUNTY OF LARIMER ) have set their hands and seals and year first above written. City of Fort Collins Party of he First Part May r City Clerk The foregoing instrument was acknowledged before me this 4th day of March , 1986 , by Kelly Ohlson as Mayor Witness my hand and official seal. My commission expires: — `,1 Notary Pupl i Raintree Associates Party of the Second Part By: Drake -Shields Limited Partnership Abouigh�em Zi ra"a eh, General Partner ` ATTEST: u�� v ah ram Yeganegi , Secret ry STATE OF COLORADO ) ss. COUNTY OF LARIMER ) By:Reay Broker EntArpri,Aes, a War �rsp Usn L. King, Fartner Ronald G. Frank, Partner By: Aryan Land and Development Corporation, a Colorado Corporation Mike Mirshab, President (Corporate Seal) By. A. Zi&Odeh By: 42 e u io . Zirakz eh The foregoing instrument was acknowledged before me this 24th day of February , 19 86 , by DAN E. KING, Partner and RONALD G. FRANK. Partner of* Witness my hand and official seal. My commission expires: Marrh 1} 1CRq REALTY BROKERS ENTERPRISES, a Co -Partnership as Partner and by MIKE K. MIRSHAB, President and JANICE I. MIRSHAB, Assistant Secretary of ARYAN LAND AND DEVELOPMENT CORPORATION, a Colorado Corporation as Partner and by ABOULGHASSEM ZIRAKZADEH, General Partner of DRAKE —SHIELDS LIMITED PARTNERSHIP as Partner and by A. ZIRAIQADEH as Partner and by REFUGIO F. ZIRAKZADEH as Partner all of RAINTREE ASSOCIATES. otary' Public 9 3.USF_Fwetoolh Am& =rrs 00". , (" anus EXFIIBIT A EXHIBIT FOR PERMANENT DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN ROSS OPEN SPACE, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO 50 0 50 100 scale 1'=50' feet LEGEND LIMITS OF 20' PERMANENT DRAINAGE EASEMENT b pose ♦t•J,' \°p.0o• F a /o I •ti ' / l I4 %* ,. LIMITS OF TEMPORARY / CONSTRUCTION EASEMENT gyp' 6 / 7p• � S / REFERENCE. LINE I I I f� I 1 I _ ( 10 I I A� to �Id 1 I� I 0 A I Z I I~ w 1 I • fq TF I I i I HOSS��Y�/Ntc EN-T04 1 N64006'49~W I I I tyre ,6'�1 c� •°p' b POINT OF BEGINNING r / ti� / /ti TEMPORARY CONSTRUCTION EASEMENT POINT OF BEGINNING REFERENCE LINE S sJ • 41 '00' r 11I: 00 .$54040'00*W 110.00 't o J5IoJI'10'M 1!!.!t TARANTO, STANTON i TAGGE ConsulUno Enoinem NE CORNER ROSS OPEN SPACE � SHEET 1 OF 2 SHEETS vo6 Rio-�.jy-ooz EXHIBIT B LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent Drainage Easement A strip of land in Ross Open Space, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A 20 foot wide permanent drainage easement lying 10 feet North of and 10 feet South of the followiny described reference line: Commencing at the Northeast corner of said Ross Open Space, with all bearings contained herein relative to said plat of Ross Open Space; thence Southerly along the Easterly line of said Ross Open Space South 57038'50" West, 219.19 feet; thence South 73°42'00" West, 227.00 feet; thence South 54"40'00" West, 120.00 feet; thence South 22005'00" West, 1.25 feet to the POINT OF BEGINNING of said reference line; thence departing said Easterly line along said reference line North 64"06'49" West, 29.35 feet; thence North 87°34'01" West, 209.06 feet; thence North 71°17'27" West, 301.30 feet to the point of terminus of this description, together with the following described temporary construction easement: A portion of Ross Open Space, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: Commencing at the Northeast corner of said Ross Open Space with all bearings contained herein relative to said plat of Ross Open Space; thence Southerly along the Easterly line of said Ross Open Space South 57°38'50" West, 219.19 feet; thence South 73042'00" West, 227.00 feet; thence South 54040'00" West, 92.90 feet to the POINT OF BEGINNING of this description; thence South 54040'00" West, 27.10 feet; thence South 22005'00" West, 98.00 feet; thence departing said Easterly line South 87028'28" West, 194.07. feet; thence North 32"31'32" West, 138.86 feet; thence North 71017'27" West, 251.25 feet; thence North 18°42'33" East, 50.00 feet; thence South 71°17'27" East, 312.73 feet; thence South 87°34'01" East, 210.68 feet; thence South 64006'49" East, 47.51 feet to the point of beginning of this description. The above described permanent drainage easement contains 0.248 acres, more or less and the above described temporary construction easement contains 1.128 acres, more or less. SURVEYOR'S CERTIFICATE I, PATRICK F. MANAHAN, do hereby certify that this plat and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. _1 r ate ij= -- r R Professional Land Survey Colorado Registration Number 23896 TAHANTO.STANTON &TAOOE Consulting Engineers SHEET 2 OF 2 SHEETS c/a6 0 /O- 0'99- 00Z ROLLAND MOORE PARK master Oan-site A * Ik aTy OF FT COLLICOLORADO i' Page is too large to OCR. Page is too large to OCR. Considering the North line of the said Southeast quarter of Section 22 as bearing North 89°44'00" West and with all bearings contained herein relative thereto: Commencing at the East quarter corner of said Section 22; thence along the said North line, North 89"44'00" West 50.00 feet to the Southeast corner of the Plat of Spring Creek Professional Park P.U.D., a plat of record with the Clerk and Recorder of said Larimer County and to the TRUE POINT OF BEGINNING of this description; thence along the South boundary of the said plat and continuing alcng the said North line of the Southeast quarter, North 89°44'00" West 450.00 feet; thence South 00°16'00" West 20.00 feet; thence South 89°44'00" East 450.18 feet to a line which is 50.00 feet (measured at right angles) West of and parallel with the East line of the said Southeast quarter; thence along the said parallel line, North 00°15'00" West 20.00 feet to the Point of. Beginning. The above described tract contains 0.2067 acres of 9002 square feet and is subject to all easements and rights -of -way now existing or of record. The parties hereto agree as follows with regard to the above -described easement (hereinafter "the Easement"): 1. That the Easement shall be for the purpose of installing, placing, constructing, inspecting, repairing- and continuing a graduated slope or berm within the Easement with an increase of elevation from the southerly boundary of the Easement to the northerly boundary of the Easement of approximately twenty-four ( 2 4 ) inches. 2. The Grantor, its successors and assigns, shall be solely responsible for the maintenance of the Easement and landscaping and improvements thereon and shall have the right, without the consent of the Grantee, to plant grasses and other ground cover, install landscaping, repair, replace, maintain irrigation sprinkler system within the Easement and to otherwise utilize the - 2 - Easement for purposes not inconsistent with the use thereof by the Grantee, its successors and assigns, as a graduated slope or berm increasing in elevation approximately twenty-four (24) inches from the southerly boundary of the Easement to the northerly boundary of the Easement. 3. In the event the Grantor, its successors and assigns, fails to maintain the Easement for the continued existence of the graduated slope or berm thereon, the Grantee, its successors and assigns, shall have the right to enter upon the Easement and perform such maintenance and repairs as shall be reasonably necessary to ensure the continued existence of the graduated slope or berm on the Easement. 4. The Grantor does hereby covenant and agree with the Grantee that the Grantor is lawfully seized and possessed of the real property hereinabove described as "the Easement", and that the Grantor has good and lawful right to convey the Easement to the Grantee. 5. All of the provisions of this Grant of Easement, including the benefits and burdens contained herein, shall be deemed a covenant running with the land and shall be binding upon and inure to the successors and assigns of the respective parties hereto. - 3 - IN WITNESS WHEREOF, the parties have executed this Grant of Easement the day and year first above written. ATTEST: THE CITY OF FORT COLLINS, COLOP.ADO, a Municipal Corporation B., 1 City Clerk City Manager "the Grantor" APPROVED AS TO FORM: Assistant City Atto ney BRENKERT DEVELOPMENT CORPORATION, ATTEST: a Colorado Corporation Bv Becky A. Brenkert, Secretary Dennis R. Brenkert, President "the Grantee" Accepted by the Council of the City of Fort Collins, Colorado on March 17, 1987. Larry Estrada, Mayor - 4 - xCP'i'N # 67037657 Ob/29/87 10:21:58 # OF PACES - 4 FEE - $12.00 M RODENBER3ER, RECORDER - LARIMER COUNTY, CO STATE DOC FEE $.00 GRANT OF EASEMENT THIS GRANT OF EASEMENT is made and entered into this _L! " ` day of 01,QA ek, , 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, the mailing address of which, for purposes of this Grant of Easement, is Park and Recreation Department, City of Fort Collins, Post Office Box 580, Fort Collins, Colorado 80522., hereinafter referred to as "the Grantor" and BRF.NKERT DEVELOPMENT CORPORATION, a Colorado Corporation, the mailing address of which, for purposes of this Grant of Easement, is 721 Dartmouth Trail, Fort Collins, Colorado 80525, hereinafter referred to as "the Grantee." WITNESSETH: For and in consideration of the mutual promises and covenants herein contained and the sum of FOUR THOUSAND FIVE HUNDRED ONE DOLLARS ($4,501.00) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the Grantee, its successors and assigns, a permanent easement for the installation, placement, construction, inspection and repair of a graduated slope or berm as more fully described hereinafter in, over, across and upon the following described property: A tract of land located in the Southeast quarter of Section 22, Township 7 North, Range 69 West, of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the North line of the said Southeast quarter of Section 22 as bearing North 89°44'00" West and with all bearings contained herein relative thereto: Commencing at the East quarter corner of said Section 22; thence along the said North line, North 89°44'00" West 50.00 feet to the Southeast corner of the Plat of Spring Creek Professional Park P.U.D., a plat of record with the Clerk and. Recorder of said Larimer County and to the TRUE POINT OF BEGINNING of this description; thence along the South boundary of the said plat and continuing along the said North line of the Southeast quarter, North 89°44'00" West 450.00 feet; thence South 00°16'00" West 20.00 feet; thence South 89044100" East 450.18 feet to a line which is 50.00 feet (measured at right angles) West of and parallel with the East line of the said Southeast quarter; thence along the said parallel line, North 00°15'00" West 20.00 feet to the Point of. Beginning. The above described tract contains 0.2067 acres of 9002 square feet and is subject to all easements and rights -of -way now existing or of record. The parties hereto agree as follows with regard to the above -described easement (hereinafter "the Easement"): 1. That the Easement shall be for the purpose of installing, placing, constructing, inspecting, repairing• and continuing a graduated slope or berm within the Easement with an increase of elevation from the southerly boundary of the Easement to the northerly boundary of the Easement of approximately twenty-four (24) inches. 2. The Grantor, its successors and assigns, shall be solely responsible for the maintenance of the Easement and landscaping and improvements thereon and shall have the right, without the consent of the Grantee, to plant grasses and other ground cover, install landscaping, repair, replace, maintain irrigation sprinkler system within the Easement and to otherwise utilize the - 2 - Easement for purposes not inconsistent with the use thereof by the Grantee, its successors and. assigns, as a graduated slope or berm increasing in elevation approximately twenty-four (24) inches from the southerly boundary of the Easement to the northerly boundary of the Easement. 3. In the event the Grantor, its successors and assigns, fails to maintain the Easement for the continued existence of the graduated slope or berm thereon, the Grantee, its successors and assigns, shall have the right to enter upon the Easement and perform such maintenance and repairs as shall be reasonably necessary to ensure the continued existence of the graduated slope or berm on the Easement. 4. The Grantor does hereby covenant and agree with the Grantee that the Grantor is lawfully seized and possessed of the real property hereinabove described as "the Easement", and that the Grantor has good and lawful right to convey the Easement to the Grantee. 5. All of the provisions of this Grant of Easement, including the benefits and burdens contained herein, shall be deemed a covenant running with the land and shall be binding upon and inure to the successors and assigns of the respective parties hereto. - 3 - IN WITNESS WHEREOF, the parties have executed this Grant of Easement the day and year first above written. ATTEST: F"51 City APPROVED AS TO FORM: Assistant City Attorney ATTEST: /r Becky A. Brenkert, Secretary THE CITY OF FORT COLLINS, COLOFADO, a Municipal Corporation B,, 1 City Manager "the Grantor" BRENKERT DEVELOPMENT CORPORATION, a Colorado Corporation By X �;, 0A, �, -� �- � �. w �v Dennis R. renkert, President "the Grantee" Accepted by the Council of the City of Fort Collins, Colorado on March 17, 1987. ar - 4 - strada, Mayor ■ R M 0 J:f9I:;G v;3I a 'M =0 Ns 7,1 b v