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HomeMy WebLinkAboutSONORAN VIEW ESTATES - Filed ED-EASEMENT DEDICATION - 2002-12-19RCPTN # 86060545 10/20/86 10:14:40 # OF PAGES — 4 FEE — $12.00 J. ULVAN3, RECORDER — LARIKER COUNTY, CO. STATE DOC. FEE— $.00 DEED OF EASEMENT THIS DEED, made this -'day ofL��Yr' �^T�' , 1986, between AUSTIN KENT ANDREWS AND MARY JO ANDREWS of the County of Larimer, State of Colorado, GRANTOR, whose address is 1843 Michael Lane, 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: That for and in consideration of the covenants and agreements herein set forth, the sum of ONE HUNDRED EIGHTY DOLLARS ($180.00), 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 permanent easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time storm drainage improvements, together with a right-of-way for access, on, along, and in all of the hereinafter described easements of 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. As a condition to the granting of this permanent 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 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 storm drainage improvements, or other structures constructed hereunder with any other number or type of utility improvement, or 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 he placed in locations which will not interfere with any reasonable use Grantor shall make of said easements. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. 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 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 Grantee hereby covenants and agrees to indemnify Grantor against any loss or damage which shall be caused by the exercise of its rights under the easements and said ingress and egress or by any wrongful or negligent act or omission of Grantee or of its agents or employees in the course of their employment. 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 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 day of Oc o In er , 1986. 2 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. iistLin Kent Andrews, antor Mary JoYArYdrews, Grantor STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this �_ day of 1986, by Austin Kent Andrews and Mary Jo Andrews, as Grant s. Witness my hand and official seal. My Commission expires: Rotary Public Address: ,cr t-Z1 Accepted by the City of Fort Collins, Colorado this 7 day of Dr-+nlber, 1986. ATTEST: r;ty Clerk (CORPORATE SEAL) CITY OF FORT OLLINS, COLORADO By Maytfr 3 EXHIBIT "A" LEGAL DESCRIPTION STORM SEWER EASEMENT A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NW 1/4 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO. CONSIDERING THE EAST LINE OF LOT 11, SONORAN VIEW ESTATES, AS BEARING N 000 23' 00" W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTH EAST CORNER OF LOT 11 OF SONORAN VIEW ESTATES, THE TRUE POINT OF BEGINNING, THENCE S 890 37' 00" W 5.00 FEET; THENCE ALONG A CURVE TO THE LEFT 44,84 FEET WITH A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 51° 22' 53", THE CORD BEARS N 250 16' 29" W 43.35 FEET; THENCE S 89' 35' 00" E 23.25 FEET MORE OR LESS TO THE EAST LINE OF SAID LOT 11; THENCE ALONG THE EAST LINE OF SAID LOT 11 39.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.0127 ACRES MORE OR LESS. I HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION ACCURATELY DESCRIBES A FIELD SURVEY MADE UNDER MY SUPERVISION AND IS CORRECT TO THE BEST OF MY KNOWLEDGE. 7 AN�c 1fi.�tiZ{� o;W RTrA! : 4, RR• D S,4iAW cot L L niii�;���`. RCPTN # 86060544 10/20/86 10:14:28 # OF PAGES - 4 FEE - $12.00 J. ULVANG, RECORDER - LARIAER COUNTY, CO. STATE DOC. FEE- $.00 DEED OF EASEMENT THIS DEED, made this -71U� day of Oe+tobe.r , 1986, between SANFORD B. THAYER AND WYNONA B. THAYER of the County of Larimer, State of Colorado, GRANTOR, whose address is 1827 Michael Lane, 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: That for and in consideration of the covenants and agreements herein set forth, the sum of THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00), 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, permanent easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time storm drainage improvements. together with a right-of-way for access, on, along, and in all of the hereinafter described easements of 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. As a condition of the granting of this permanent 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 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 storm drainage improvements or other structures constructed hereunder with any other number or type of storm drainage improvements , or other structures either in the original location or at any alternate location or locations within said easements, except any such structures shall not be an open ditch or open channel; (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. 1 Grantee recognizes that Grantor now operates an irrigation pumping system from a pond that may be within the easement and does have irrigation pipe crossing the easement; the Grantee will pay the total water bill of the Grantor for any prorated period of time the irrigation system cannot be operated due to actions of the Grantee within the easement, by way of example but not limited to construction activity, loss of water in the pond due to seepage into the City drainage systems. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted including, without limitation, the right to, without cost to the City, construct, tap, and maintain sewer line connection(s) to the public sewer; 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 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 Grantee hereby covenants and agrees to indemnify Grantor against any loss or damage which shall be caused by the exercise of its rights under the easements and said ingress and egress or by any wrongful or negligent act or omission of Grantee or of its agents or employees in the course of their employment. In addition, Grantee agrees to install a sleeve under the storm drainage pipe during construction to allow for future access to existing sanitary sewer line. Subject to the overriding jurisdiction of the State and County Health Departments, the Grantee waives any right pursuant to its Code of Ordinances to require the Grantor and its assigns to connect to the public sewer for a period of ten years. -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 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 "l{h_ day of _ October---------� 198 rc --- Sa y , WynonaThayer, Grant- STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this o2 y 'day of u�__-__ , 1986, by Sanford R. Thayer and Wynona R. Thayer, as Grantors Witness my hand and official seal. My Commission expires ")�o i /9gC) i Notary Public Address: Accepted by the City of Fort Collins, Colorado this nth- day o'f ��Cfo6er, 1986. TTEST: City Clerk (CORPORATE SEAL) CITY OF FORT LLINS COLORADO By- -- --- — — Mayo 3 LEGAL DESCRIPTION STORM SEWER EASEMENT A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO. CONSIDERING THE WEST LINE OF LOT 10, SONORAN VIEW ESTATES, AS BEARING N 00° 23' 00" W WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, SONORAN VIEW ESTATES, THE TRUE POINT OF BEGINNING; THENCE N 000 23' 00" ALONG THE WEST LINE OF LOT 10 OF SONORAN VIEW ESTATES, 39.00 FEET; THENCE S 89' 35' 00" E 58.00 FEET TO THE WEST BANK OF THE NEW MERCER CANAL; THENCE ALONG THE WEST BANK OF SAID CANAL S 190 21' 13" W 41.25 FEET; THENCE CONTINUING ALONG THE WEST BANK OF SAID CANAL S 080 22' 50" W 15.14 FEET; THENCE N 89' 35' 00" W 41.69 FEET MORE OR LESS TO THE WEST LINE OF LOT 10; THENCE ALONG THE WEST LINE OF SAID LOT 10, N 00° 23' 00" W 15.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.0604 ACRES MORE OR LESS. ALSO A THIRTY FOOT WIDE STRIP OF LAND CONTIGUOUS TO AND NORTH OF THAT PARCEL DESCRIBED IN BOOK 1933 AND PAGE 186 OF THE LARIMER COUNTY RECORDS. THE EAST BOUNDARY OF SAID 30 FOOT STRIP IS THE EAST PROPERTY BOUNDARY OF LOT 10 SONORAN VIEW ESTATES. THE WEST BOUNDARY IS THE NEW MERCER DITCH. SAID TRACT OF LAND CONTAINS 0.0641 ACRES MORE OR LESS. I HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION ACCURATELY DESCRIBES A FIELD SURVEY MADE UNDER MY SUPERVISION AND IS CORRECT TO THE BEST OF MY KNOWLEDGE. r,, .� . ...•.''. . ROBERT A. BRADSHAW P.L.S. #20123 r U el, � Page is too large to OCR.