HomeMy WebLinkAboutPINNACLE TOWNHOMES - Filed ED-EASEMENT DEDICATION - 2002-12-18RCPTN # 86016850 1/04/86 11:27:19 # OF - -,ES - 5 FEE -
J. ULVANG, RECORDEt-, - LARIMER COUNTY, CO. DOC. FEE- $.00
$15.00
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this S--t day of
-k , 19 86, by and between City of Fort Collins, Colorado,
"City", and Pinnacle Partnership, "Pinnacle", WITNESSETH:
That for and in consideration of the mutual promises contained herein
and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the City hereby grants a permanent, non-
exclusive easement to Pinnacle for the purpose of the installation,
inspection, maintenance, replacement or removal of a buried storm drainage
line and a surface concrete storm drainage pan in and upon certain land
situate in the County of Larimer, State of Colorado, with said real
property and easement thereon being described as follows, to -wit:
See Attached Exhibits "A" R "B"
In consideration of said grant of easement by the City, Pinnacle agrees
as follows:
1. That said permanent easement shall not exceed 20 feet in width over
and across the above described property.
2. That construction of improvements within said easement under the
existing City hikepath shall be by boring only and that under no circum-
stances shall the use of said hike path by the cycling or pedestrian public
be disrupted.
3. That all trenches and excavations made in the laying or repairing
of such pipeline and pan 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. Pinnacle will finish the backfill
after normal settling of the soil so that the use and enjoyment of said
land by the public shall be suitable for the purpose now used. The entire
area that is disturbed by the construction shall be reseeded by Pinnacle in
accordance with the City of Fort Collins Storm Drainage Design Criteria and
Construction Standards. Pinnacle will maintain the trench area and buried
storm drainage pipeline and surface pan and be wholly responsible for all
damages, to property real or personal, which may be caused by the instal-
lation, reinstallation, maintenance and/or use of said storm drainage
pipeline.
Both parties hereto agree that all storm drainage pipelines or other
facilities constructed or installed at Pinnacle's expense upon property
owned by The City shall remain the property of Pinnacle and shall be
removable at the option of Pinnacle 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.
The City does hereby represent that it is lawfully seized and possessed
of the real property described herein, and that the City 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 corporate seals, the day and year first above written.
City of F t Col 1 i ns
May
APPROM .AS TO FORM:,/ /11"'
�City tt rney
G
erector Pavks and
Recreation Department
STATE OF COLORADO )
ss.
COUNTY OF LARIMER ) J
The foregoing instrument was acknowledged before me,this day
of 19 by r _ ;� 7 T
Witness my hand and official seal.
My commission expires:
Notary Public
3
Pinnacle Partnership
Lf
obert E. Dunn, Managing
Partner
STATE OF COLORADO
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before. -me this day -
of ) - 19, by �' c �_ J ji /. /1 ' 1r
Witness my hand and official seal.
My commission expires:
f
Nptary P u b, a., c
EXHIBIT A
Commencing at the northeast corner of the NW 4 of the NE 4 of
Section 24, Township 7 North, Range 69 West of the 6th Principal
Meridian; thence S 00°00'34" E a distance of 30.00 feet to a point,
said point also being the northwest corner of Lot 1, EAST ACRES
SUBDIVISION, also known as East Acres, in the City of Fort Collins;
thence easterly along the north line of said Lot 1 parallel with
and 30.00 feet south of the north line of Section 24, N 89°51'03" E
a distance of 264.00 feet to the northeast corner of said Lot 1;
thence southerly along the east line of said Lot 1, S 00°00'34" E
a distance of 465.00 feet to the southeast corner of said Lot 1;
thence westerly along the south line of said Lot 1, S 89°51'03" W
a distance of 10.00 feet to the True Point of Beginning; said
easement being 10.00 feet distant when measured at right angles
and parallel with on both sides of the following described
centerline; thence S 00°00'34" E a distance of 72.00 feet; thence
S 19°00'34" E a distance of 67.00 feet to a point of terminus,
containing 0.064 acres more or less.
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Section 24, T T N, R 69 W, 6th P.M.
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