HomeMy WebLinkAboutCEDAR VILLAGE - Filed ED-EASEMENT DEDICATION - 2002-12-18RCP`PN 0 86029302 06/05/86 12:05:58 # OF PAGE'S - 10 FEE - S30.00
J. ULVANG, RECORDER - 'kRIMER COUNTY, CO. DOC. $.00
4\
(DDEAS.BKL)
DEED OF EASEMENT
THIS DEED, Made this ?Nn day of _ , 1986,
between WALTER HENRY BECKLEY AND DOROTHY LOUISE BECKLEY, of the
County of Larimer, State of Colorado, GRANTORS, whose address is
1821 West Drake Road, Fort Collins, Colorado 80526, and THE CITY
OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE,
whose address is 300 LaPorte Avenue, Fort Collins, Colorado
80521.
WITNESSETH:
1. That for and in consideration of the covenants and
agreements herein set forth, the sum of TEN ($10.00) DOLLARS, and
other good and valuable consideration, in hand paid by the
Grantee to the Grantors, the receipt and adequacy of which is
hereby acknowledged, the Grantors hereby grant, sell and convey
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, an underground storm drainage channel and ancillary
underground structures necessary for the operation of said storm
drainage channel, together with a right-of-way for access on,
along, and in all of the hereinafter described easement as
constructed across those certain lands which are 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.
2. In addition thereto, Grantors grant to the Grantee a
temporary construction easement for the purpose of constructing
the aforementioned storm drainage channel, said temporary
construction easement being more fully described on Exhibit B,
attached hereto and by this reference made a part hereof. 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. As a part of the consideration
hereof, by acceptance of this Deed of Easement, Grantee shall, at
its own expense, accomplish and abide by those additional
provisions and terms as stated in Exhibit C, attached hereto and
by this reference made a part hereof.
3. The Grantors further grant to the Grantee:
(a) the right of ingress to and egress from said easements
over and across adjacent lands of the Grantors by
tiUL L .5 THEE T
ATTACHMENT 1
�3ZZ, S' _
h P` �►
Temporary
,x /� Easement to be
�q g Milled
G .S r;'EE T
I r eet �4
Photograph 1 (looking northwest)
Photograph 2 (looking southwest)
Existing stockpile - west half to be shaped and graded
similar to present condition of
the east half of stockpile.
EXHIBIT "A" • PROJECT LOCATION
NORT� WEST DRAKE ROAD
SPRING CREEK
BECKLEY PROPERTY
HULL STREET
PROPOSED
DRAINAGE CHANNEL
CEDAR VILLAGE SUBDIVISION
PROPOSED CULVERT
SILVERPLUME ESTATES
SUBDIVISION
1
OCOUNTY SUBDIVISION 1
w
a
DRAINAGE CHANNEL
O
I
ROSSBOROUGH SUBDIVISION
WEST HORSETOOTH ROAD
IMAP #1
BECKLEY
EXHIBI _ "B" - EASEMENT .DIAGRAM
�UL L S T,PE T
�.qT' OF TIiYU T�CTS ,��/�t/� f i9.eT OF CO T" %
SSG" 7-/c2ic1 % %/V, /0
MAP #2
BECKLEY
RCPTN # 86029302 06/05/86 12:05:58 # OF PAGES - 10 FEE - $30.00
J. ULVANG, RECORDER - T,ARIMER COUNTY, CO. DOC. --7- $.00
(DDEAS.BKL)
DEED OF EASEMENT
THIS DEED, Made this %ND day of &y_, 1986,
between WALTER HENRY BECKLEY AND DOROTHY LOUISE BECKLEY, of the
County of Larimer, State of Colorado, GRANTORS, whose address is
1.821 West Drake Road, Fort Collins, Colorado 80526, and THE CITY
OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE,
whose address is 300 LaPorte Avenue, Fort Collins, Colorado
80521.
WITNESSETH:
1. That for and in consideration of the covenants and
agreements herein set forth, the sum of TEN ($10.00) DOLLARS, and
other good and valuable consideration, in hand paid by the
Grantee to the Grantors, the receipt and adequacy of which is
hereby acknowledged, the Grantors hereby grant, sell and convey
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, an underground storm drainage channel and ancillary
underground structures necessary for the operation of said storm
drainage channel, together with a right-of-way for access on,
along, and in all of the hereinafter described easement as
constructed across those certain lands which are 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.
2. In addition thereto, Grantors grant to the Grantee a
temporary construction easement for the purpose of constructing
the aforementioned storm drainage channel, said temporary
construction easement being more fully described on Exhibit B,
attached hereto and by this reference made a part hereof. 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. As a part of the consideration
hereof, by acceptance of this Deed of Easement, Grantee shall, at
its own expense, accomplish and abide by those additional
provisions and terms as stated in Exhibit C, attached hereto and
by this reference made a part hereof.
3. The Grantors further grant to the Grantee:
(a) the right of ingress to and egress from said easements
over and across adjacent lands of the Grantors 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 said underground
storm drainage channel and ancillary underground
structures constructed hereunder with any other number
or type of underground storm drainage channel
facilities, 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 Grantors shall make
of said easements.
4. Grantors reserve 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 Grantors and the agreements
concerning those uses shall be as follows:
(a) Grantors shall not erect or construct any building or
other structure, or drill or operate any well, or
construct any permanent obstruction, or subtract from
or add substantially to the ground level, or allow the
installation of other utilities, in said perpetual
easement without obtaining the prior written consent of
the Grantee;
(b) Grantors shall take no action which would impair or in
any way modify the earth cover over, or the lateral, or
subjacent support for the storm drainage channel and
appurtenances within the perpetual easement without
obtaining the prior written consent of the Grantee.
5. The Grantee hereby covenants and agrees to indemnify
Grantors against any loss or damage which shall be caused by the
exercise of its rights under the easements and said ingress and
Fd
egress or by any wrongful or negligent act or omission of Grantee
or of its agents or employees in the course of their employment.
6. The Grantors state that they are the lawful owners in
fee simple of the real property described herein; that they have
a good and lawful right and authority to grant, sell and convey
said property or any part thereof and that they warrant the title
of said property.
7. The parties hereto agree that neither has made or
authorized any agreement with respect to the subject matter of
this instrument other than expressly set forth herein., and no
oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its
agents or employees, hereto.
8. 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 sha 1 1 be binding upon and inure to the benefit of the
parties hereto, their respective heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, the Grantors have hereunto set their
hands and seals the day and year first above written; and the
Grantee has caused this Deed 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 the City of Fort. Collins on the �,&Ok day of
C y , 1986.
-t
Walter Henry B ckley, Gran or
Dorothy Lo ise Beckley, Grantbr
3
STATE OF COLORADO )
SS.
COUNTY OF LARIMER )
Subscribed and sworn to before me this 2na_day of
MAY , 1986, by Walter Henry Beckley and
Dorothy Louise Beckley, as Grantors.
WITNESS my hand and official seal.
My commission expires: -.
ko_ a
Nottry Public
1931 LAKEWOOD �R R. , LOV• L a �-�� C.c -Id--
Address of Notary Public
ACCEPTED by the City of Fort Collins, Colorado this U
day of 1986.
ATTEST:
^'r, e t -Clerk
(CORPORATE SEAL)
4
CITY OF FORT QOLLINS, COLORADO
h
EXHIBIT A
WALTER AND DOROTHY BECKLEY TO CITY OF FORT COLLINS
PERMANENT EASEMENT
A part of Lot 7, Subdivision of a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th-P.M., County
of Larimer,.State of Colorado being more particularly described as
follows:
Begin at the Southeast corner of said Lot 7 and run thence
along the South line of said Lot 7, N 89' 26' 57" W 41.70
feet; thence N 02' 33' 02" E 262.15 feet; thence N 00' 00'
29" W 367.69 feet; thence N 29° 59' 31" E 60.00 feet to a
point on the East line of said Lot 7; thence along said
East line and also along the West line of Cedar Village
First and Fourth Filings, S 00° 00' 29" E 681.95 feet to
the point of beginning, containing 21,206 square feet more
or less.
f}�
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 said underground
storm drainage channel and ancillary underground
structures constructed hereunder with any other number
or type of underground storm drainage channel
facilities, 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 Grantors shall make
of said easements.
4. Grantors reserve 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 Grantors and the agreements
concerning those uses shall be as follows:
(a) Grantors shall not erect or construct any building or
other structure, or drill or operate any well, or
construct any permanent obstruction, or subtract from
or add substantially to the ground level, or allow the
installation of other utilities, in said perpetual
easement without obtaining the prior written consent of
the Grantee;
(b) Grantors shall take no action which would impair or in
any way modify the earth cover over, or the lateral, or
subjacent support for the storm drainage channel and
appurtenances within the perpetual easement without
obtaining the prior written consent of the Grantee.
5. The Grantee hereby covenants and agrees to indemnify
Grantors against any loss or damage which shall be caused by the
exercise of its rights under the easements and said ingress and
2
V
EXHIBIT B
TEMPORARY EASEMENT
A part of Lot 7, Subdivision of a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th P.M., County
of Larimer, State o f Colorado being more particularly described as
follows:
Begin at a point on the South line of said Lot 7 which bears
N 39" 26' 57" W 41.70 feet from the Southeast corner of said
Lot 7 and runs thence along the South line of said Lot 7,
tl 890 26' 57" W 40.02 feet; thence N 02" 33' 02" E 262.66
feet; thence N 00' 00' 29" W 377.51 feet; thence N 24° 59'
31" E 77.52 feet; thence N 89° 59' 31" E 37.24 feet to a
point on the East line of said Lot 7; thence along said East
line S 00' 00' 29" E 29.02 feet; thence S 29" 59' 31" W 60.00
feet; thence S 00° 00' 29" E 367.69 feet; thence S 02° 33'
02" W 262.15 feet to the point of beginning, containing 28;921
square feet more or less.
(BECKLEY.EXC)
EXHIBIT C
WALTER HENRY BECKLEY AND DOROTHY LOUISE BECKLEY, GRANTORS
THE CITY OF FORT COLLINS, COLORADO, GRANTEE
The parties hereby agree as follows:
1. Grantee shall, at no cost to Grantor, remove two
existing, abandoned, wood utility poles located near the
southerly boundary of Grantors' property.
2. During the construction of storm drainage facilities,
Grantee shall be allowed, if necessary, to permanently remove and
not restore, the following landscaping within proposed easement
areas, without additional compensation to Grantors:
(a) Bushes located directly east of existing barn
structure;
(b) Existing bushes along easterly side of rental
house;
(c) Russian Olive tree lying west of driveway and east
of pole fence;
(d) Immature Pine saplings lying parallel and westerly
of Honeysuckle hedge, along westerly edge of Grantors'
driveway.
3. Grantee shall relocate and/or replace the following
landscaping if disrupted during construction:
(a) Existing Pine tree lying west of driveway and east
of pole fence;
(b) Honeysuckle hedge lying immediately west of pole
fence along driveway, provided that in the event said
Honeysuckle hedge is disrupted, Grantee will, at end of
construction, replace hedge with Honeysuckle bushes
planted at 5-foot invervals, within the same area where
the existing hedge presently is located;
(c) Immature Honey Locust saplings (25+/-) located
parallel to Grantors' easterly property boundary in
southern portion of Grantors' property; provided,
L;
however, that Grantors may remove and transplant any or
all of the saplings prior to construction and that
Grantee's responsibility to replace said saplings shall
be limited to one sapling for every 10 lineal feet
located along the same area where existing saplings are
presently located. Grantee shall plant saplings during
the first spring season following the completion of
construction activities.
4. The parties agree that the following landscaping falls
within the easement areas and that the grantee will not remove
said landscaping during the construction process. In the event
any of the following landscaping units die within three years
after the completion of construction, due directly to the
disruption to the plant root system caused by the construction
work contemplated, then Grantee shall replace such landscaping at
no cost to Grantors:
(a) Existing Pine tree located at southeast corner of
rental house;
(b) Two hardwood trees along Grantors' south property
line;
(c) Apple tree located directly west of Grantors'
driveway, between pole fence and Honeysuckle hedge.
5. At the conclusion of construction, Grantee agrees to
pave with asphalt Grantors' driveway area between West Drake Road
and the point where the driveway turns westerly towards Grantors'
primary residence.
6. At conclusion of construction, Grantee shall replace
existing culvert beneath Grantors' driveway at Spring Creek with
new 48-inch CMP.
7. Any excavated materials left over at the conclusion of
construction will be stored in the easement areas along the
southerly portion of Grantors' property and left for Grantors'
use.
8. Grantors agree to temporarily fence westerly boundary of
temporary construction easement during construction in order to
keep livestock away from construction area.
9. Grantee agrees to reseed disturbed area within easements
at conclusion of construction with native grass seed mixes,
excepting, however, disturbed area within existing yard around
rental house, which shall shall be restored with sod.
2
10. During the initial construction period, Grantee shall
provide Grantors with temporary suitable alternative access to
Grantors' property along easement area leading towards Hull
Street.
11. Grantors' existing fence, situated east of existing barn
structure, and connecting to Grantors' easterly property line,
shall be relocated by Grantee approximately 5 feet south of the
existing location in a manner comparable or better than its
existing condition.
3
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egress or by any wrongful or negligent act or omission of Grantee
or of its agents or employees in the course of their employment.
6. The Grantors state that they are the lawful owners in
fee simple of the real property described herein; that they have
a good and lawful right and authority to grant, sell and convey
said property or any part thereof and that they warrant the title
of said property.
7. The parties hereto agree that neither has made or
authorized any agreement with respect to the subject matter of
this instrument other than expressly set forth herein, and no
oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its
agents or employees, hereto.
8. 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 Grantors have hereunto set their
hands and seals the day and year first above written; and the
Grantee has caused this Deed 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 adoted by the
City Council of the City of Fort Collins on the ;,0 _ day of
N;uv , 1986.
Walter Henry Beckley, Gran or
tl
Dorothy ' ise Beckley, Grant'or
3
STATE OF COLORADO )
SS.
COUNTY OF LARIMER )
Subscribed and sworn to before me this __2MD_Y_ day of
MAY , 1986, by Walter Henry Beckley and
Dorothy Louise Beckley, as Grantors.
WITNESS my hand and official seal.
My commission expires:
of ry P blic
1931 LAKEWOOD �R, , 0V,'L 0
Address of Notary Public
ACCEPTED by the City of Fort Collins, Colorado this 2 6-t
day of 1986.
ATTEST:
JL
t lerk
(CORPORATE SEAL)
4
CITY OF FORT gOLLINS, COLORADO
By
EXHIBIT A
WALTER AND DOROTHY BECKLEY TO CITY OF FORT COLLINS
PERMANENT EASEMENT
A part of Lot 7, Subdivision of a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th*P.M., County
of Larimer, State of Colorado being more particularly described as
follows:
Begin at the Southeast corner of said Lot 7 and run thence
along the South line of said Lot 7, N 89' 26' 57" W 41.70
feet; thence N 02° 33' 02" E 262.15 feet; thence N 001 00'
29" N 367.69 feet; thence N 29° 59' 31" E 60.00 feet to a
point on the East line of said Lot 7; thence along said
East line and also along the West line of Cedar Village
First and Fourth Filings, S 00' 00' 29" E 681.95 feet to
the point of beginning, containing 21,206 square feet more
or less.
EXHIBIT B
TEMPORARY EASEMENT
A part of Lot 7, Subdivision of a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th P.M., County
of Larimer, State o f Colorado being more particularly described as
follows:
Begin at a point on the South line of said Lot 7 which bears
N 890 26' 57" W 41.70 feet from the Southeast corner of said
Lot 7 and runs thence along the South line of said Lot 7,
11 89" 26' 57" W 40.02 feet; thence N 02° 33' 02" E 262.66
feet; thence N 00" 00' 29" W 377.51 feet; thence N 240 59'
31" E 77.52 feet; thence N 890 59' 31" E 37.24 feet to a
point on the East line of said Lot 7; thence along said East
line S 00* 00' 29" E 29.02 feet; thence S 29° 59' 31" W 60.00
feet; thence S 00° 00' 29" E 367.69 feet; thence S 02° 33'
02" W 262.15 feet to the point of beginning, containing 28;921
square feet more or less.
/A
(BECKLEY.EXC)
EXHIBIT C
WALTER HENRY BECKLEY AND DOROTHY LOUISE BECKLEY, GRANTORS
THE CITY OF FORT COLLINS, COLORADO, GRANTEE
The parties hereby agree as follows:
1. Grantee shall, at no cost to Grantor, remove two
existing, abandoned, wood utility poles located near the
southerly boundary of Grantors' property.
2. During the construction of storm drainage facilities,
Grantee shall be allowed, if necessary, to permanently remove and
not restore, the following landscaping within proposed easement
areas, without additional compensation to Grantors:
(a) Bushes located directly east of existing barn
structure;
(b) Existing bushes along easterly side of rental
house;
(c) Russian Olive tree lying west of driveway and east
of pole fence;
(d) Immature Pine saplings lying parallel and westerly
of Honeysuckle hedge, along westerly edge of Grantors'
driveway.
3. Grantee shall relocate and/or replace the following
landscaping if disrupted during construction:
(a) Existing Pine tree lying west of driveway and east
of pole fence;
(b) Honeysuckle hedge lying immediately west of pole
fence along driveway, provided that in the event said
Honeysuckle hedge is disrupted, Grantee will, at end of
construction, replace hedge with Honeysuckle bushes
planted at 5-foot invervals, within the same area where
the existing hedge presently is located;
(c) Immature Honey Locust saplings (25+/-) located
parallel to Grantors' easterly property boundary in
southern portion of Grantors' property; provided,
however, that Grantors may remove and transplant any or
all of the saplings prior to construction and that
Grantee's responsibility to replace said saplings shall
be limited to one sapling for every 10 lineal feet
located along the same area where existing saplings are
presently located. Grantee shall plant saplings during
the first spring season following the completion of
construction activities.
4. The parties agree that the following landscaping falls
within the easement areas and that the grantee will not remove
said landscaping during the construction process. In the event
any of the following landscaping units die within three years
after the completion of construction, due directly to the
disruption to the plant root system caused by the construction
work contemplated, then Grantee shall replace such landscaping at
no cost to Grantors:
(a) Existing Pine tree located at southeast corner of
rental house;
(b) Two hardwood trees along Grantors' south property
line;
(c) Apple tree located directly west of Grantors'
driveway, between pole fence and Honeysuckle hedge.
5. At the conclusion of construction, Grantee agrees to
pave with asphalt Grantors' driveway area between West Drake Road
and the point where the driveway turns westerly towards Grantors'
primary residence.
6. At conclusion of construction, Grantee shall replace
existing culvert beneath Grantors' driveway at Spring Creek with
new 48-inch CMP.
7. Any excavated materials left over at the conclusion of
construction will be stored in the easement areas along the
southerly portion of Grantors' property and left for Grantors'
use.
8. Grantors agree to temporarily fence westerly boundary of
temporary construction easement during construction in order to
keep livestock away from construction area.
9. Grantee agrees to reseed disturbed area within easements
at conclusion of construction with native grass seed mixes,
excepting, however, disturbed area within existing yard around
rental house, which shall shall be restored with sod.
K
10. During the initial construction period, Grantee shall
provide Grantors with temporary suitable alternative access to
Grantors' property along easement area leading towards Hull
Street.
11. Grantors' existing fence, situated east of existing barn
structure, and connecting to Grantors' easterly property line,
shall be relocated by Grantee approximately 5 feet south of the
existing location in a manner comparable or better than its
existing condition.
3