Loading...
HomeMy WebLinkAboutEVERGREEN PARK SECOND REPLAT - Filed OA-OTHER AGREEMENTS - 2002-12-20RCPTN # 85060735 11/27/85 15:00.54 # OF PAGES - 3 FEE - J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00 CONSENT AND SUBORDINATION AGREEMENT WHEREAS, DAVID G. HAAK AND CHRISTINA A. HAAK, on the 19th day of August, 1985, executed a certain Deed of Easement to the City of Fort Collins for the installation of utilities, which easement covers land in Larimer County, Colorado, described on Exhibit "A" attached, said easement being recorded on the 27th day of September, 1985, Reception Number 85049661 of the Larimer County, Colorado records. NOW THEREFORE, FIRST NATIONAL BANK, the holders and owners of a Deed of Trust recorded in Book 1872 at Page 816 of the Larimer County, Colorado records, for a valuable consideration, the receipt of which is hereby acknowledged, hereby consents to the terms and provisions of said easement aforesaid without, however, joining in any of the warranties, guarantees or indemnities contained therein, and agree that the subject Deed of Trust shall be subordinate to such easement in the event of foreclosure thereof. FIRST INTERSTATE BANK By STATE OF COLORADO) )ss COUNTY OF LARIMER) /; Subscribed and sworn to before me by "} Witness my hand and official seal. My Commission expires CO 8014 Notary P'u l i c s= Address: $9.00 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. RCPTV # 87008210 02 2/87 09:04:50 # OF PA" 3 - 3 FEE - $9.00 M RODE'4BER3ER, RECORDiK - LARIMER COUVTY, CO STA,Z DOC FEE $.00 CONSENT AND SUBORDINATION AGREEMENT This Agreement is made and entered into this 3�St day of December, 1986, by and between the City of Fort Collins, Colo- rado, a municipal corporation, hereinafter referred to as "the City" and Donald E. Hiatt and Dorothy D. Hiatt, hereinafter referred to as "the Beneficiaries". WHEREAS, the City is the grantee of a certain stormdrain- age easement more particularly described in and conveyed by that certain Deed of Easement dated December 4, 1986, wherein William A. Thomas, Jr. is the named grantor; and WHEREAS, William A. Thomas, Jr. did, by a certain deed of trust dated the lst day of September, 1977, and recorded in the office of the Recorder of Larimer County, Colorado, on the 2nd day of September, 1977, in Book 1795 at Page 0952-0955, grant, bargain, sell and convey to the Larimer County Public Trustee for the benefit of the Beneficiaries, certain real property which encompasses and includes the subject property of the above mentioned Deed of Easement; and WHEREAS, the Beneficiaries are willing to make their interests under the above mentioned Deed of Trust subordinate to the City's easement upon certain terms and conditions recited below. NOW, THEREFORE, for and in consideration of the covenants and agreements herein set forth and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The Beneficiaries hereby consent to the terms and pro- visions of the above mentioned Deed of Easement without, how- ever, joining in any of the warranties, guarantees or indemni- ties contained therein, and further agree that the above men- tioned Deed of Trust shall be made subordinate to such easement in the event of foreclosure thereof. 2. The City agrees that, in the event of the foreclosure of the above mentioned Deed of Trust and a foreclosure sale by the public trustee wherein the proceeds therefrom are insuffi- cient to satisfy the expenses of sale and monies due the Bene- ficiaries as the legal holders of the indebtedness secured by said deed of trust, the City shall pay to the Beneficiaries the sum of Seven Hundred Fifty Dollars ($750) or the amount of said deficiency, whichever is less. IN WITNESS WHEREOF, the parties hereto have hereunto set their seals the day and year first above written. ATTEST: APPROVED AS TO FORM: Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO By: City Manager Donald E. Hiatt Dorothy D.` iatt - 2 - i EXHIBIT "A" W 0 N M N B9' A S`W 0\ \ ` 1= W \� 0 8; S ,z Zo.00� 1Jl ►.� eq • 1 �' E d N E COR. sec. 1, T. 7 N., R. 69 W. NVE. COR, S 1/2—NE l/4 69 F."WAP11�► A twenty foot wide permanent storm sewer easement lying in the East Half of Section 1, Township 7, Range 69 West of the 6th P.M., Larimer County, Colorado, being further described as follows: Considering the East Line of said Section 1 as bearing S 000 001 E and with all bearing contained herein relative thereto, beginning at the N.E. Corner of said Section it thence S 00• 00' E - 1315.27 feet to the NE Corner of the South Half of the NE 1/4 of said Section 11 thence N 89. 45' W - 30.00 fact to the true Point of Beginnings thence continuing N 89. 45' W - 20.00 feats thence S 00. 00'E - 417.00 feet) thence N 89. 141 E - 20.00 feed thence N 00' 00'W - 417.28 feet to the Point of Beginning. EXHIBIT "A" HARK PERMANENT UTILITY EASEMEENT AND TEMPORARY CONSTRUCTION EASEMENT IN LOT 19, BLOCK 7, -REPLA T OF EVERGREEN I A ILK SECOND FILING, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO SCALE 1 ". 30' EASEMENT DETAIL N. T. S. G �9 TEMPORARY CONSTRUCTION EASE LOT 19, BLOCK 7 0 0 N� � yc� Vol W IONS 1%ds h ti 20' PERMANENT UTILITY EASEI/.ENT 9 S MENT GO�,� TARANTO, STANTON 3 TAGGE Consulting Engineers SHEET 1 OF 2 SHEETS Jo b iVa. /D- D4/-133 �r- LEGAL DESCRIPTION Temporary Construction Easement and 20' Permanent Utility Easement Two strips of land in Lot 19, Block 7, Replat of Evergreen Park Second Filing according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line and a temporary construction easement lying 25 feet North of the following described reference line and being bounded on the South by the South line of said Lot 19: Beginning at the Southeasterly corner of said Lot 19 and considering the South line of said Lot 19 to bear North 89°50'32" West with all bearings contained herein relative thereto; thence Northeasterly along the Southeasterly line of said Lot 19 North 34013'35" East, 14.15 feet to the True Point Of Beginning of said reference line; thence departing said Easterly line North 89032'32" West, 27.21 feet to the Westerly line of said Lot 19 and the paint of terminus of this description. The above described permanent utility easement contains 540 square feet, more or less, and the above described temporary construction easement contains 1,170 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, 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. Da to MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration Number 22564 ���4 R EG S T G. C9�ceF�� • �L 22564 e IL TARANTO, STANTON d TAGGE Consulting Engineers SHEET 2 OF 2 SHEETS Jo 6 /✓o, la- dA/-/33 FCPTN # 85049661 09/2,/85 15:54:36 # OF PAGE. - 6 J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE - DEED OF EASEMENT FEE — $18.00 $.00 THIS DEED, made this day of �il,.�` 198 between David G. Haak & Christina G. Ha"ak of the County of Larimer, State of Colorado, GRANTOR, whose address is 1201 Coulter, Fort Collins, Colorado, 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 FIFTY-THREE AND NO/100 DOLLARS ($53.00), 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 to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time underground waterline and structures, 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 part of the consideration hereof, and by acceptance of this Deed of Easement, the Grantee shall, at its own expense, accomplish the items listed in Exhibit "B" attached hereto and by reference made a part thereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement described more fully on Exhibit "A" attached hereto for the purpose of constructing the aforementioned waterline. 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 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 waterline, or other structures constructed hereunder with any other number or type of utility facilities, 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. 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, and it is expressly understood that the rights herein granted may be assigned by the Grantee, without limitation, to Platte River Authority, Public Service Company of Colorado and such others as may, in Grantee's discretion, be desirable. 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 avid G. Haak, Grantor Christina A. Haak, Grantor STATE OF COLORADO W L; -,t ) s s . COUNTY OF MER ) 11 Subscr� ed and swgrn to before me this kday of r 198 =; by ��_ �Li° t c`� ,� �Ci_ to C�� z ri �.��-'zc��f� as ,Witness my hand and official seal. My Commission expires: i)=h-1r�a �Z-C. !�-��!-cam .•i -lk% Notary Public y Address: Accepted by the City of Fort Collins, Colorado this ('` day of ,1 198.`? . CITY OF FORT COLLINS, COLORADO ?' EXHIBIT "A" HARK PERMANENT UTILITY EASEf "{-lVT AND TEMPORARY CONSTRUCTION EASEMENT " LOT 19, BLOCK 7, REPLA T OF EVERGREEN I' ` `-'K SECOND FILING, CITY OF FORT=OLLINS, LARIMER COUNTY,-"OLORADO SCALE 1 ". 30' Z �+ O ti ^ W � ti J O y LOT 19, BLOCK 7 to ti 2 0 o � EASEMENT DETAIL cc N.T.S. & 00 i Q k R W Q m vo 20' PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT G TARANTO, STANTON & TAGGE Consulting Engineers SHEET 1 OF 2 SHEETS LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent Utility Easement Two strips of land in Lot 19, Block 7, Replat of Evergreen Park Second Filing according to the recorded plat thereof,. City of Fort Collins, Larimer County, Colorado being described as follows: A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line and a temporary construction easement lying 25 feet North of the following described reference line and being bounded on the South by the South line of said Lot 19: 64,inning at the Southeasterly corner of said Lot 19 and considering the South line of said Lot 19 to bear North 89050'32" West with all bearings contained herein relative thereto; thence Northeasterly along the Southeasterly line of said Lot 19 North 34013'35" East, 14.15 feet to the True Point Of Beginning of said reference line; thence departing said Easterly line North 89032'32" West, 27.21 feet to the Westerly line of said Lot 19 and the point of terminus of this description. The above described permanent utility easement contains 540 square feet, more or less, and the above described temporary construction easement contains 1,170 square feet, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, 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. Date MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration Number 22564 O . C �,•. 9 � � FC•eC fig 22564 Q ss�oN� L •L��OSJ . TARANTO, STANTON & TAGGE Consulting Engineers SHEET 2 OF 2 SHEETS e/,- h lyo. la- -9*e/ /.33 EXHIBIT "B" The City agrees to: 1) reimburse grantor $400 damages for landscaping. 2) work continuously so as to complete construction within a week.