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Home My WebLink AboutOBSERVATORY HEIGHTS - Filed ED-EASEMENT DEDICATION - 2003-01-03Page is too large to OCR. James H. S-.-wart and Associates, Inc. Consulting Engineers and Surveyors Laboratory: 214 North Howes Street 301 Lincoln Court P.O. Box 429 P.O. Box 429 Fort Collins, Colorado 80522 FortCollins, Colorado80522 (303) 462 9331 (303) 4a"309 EXHIBIT A UTILITY EASEMENT over Lots 9, 10, and part of 11, Observatory Heights, Fort Collins, Colorado being more particularly described as follows: Begin at a point where the North line of said Lot 9 intersects the East line of Colorado State Highway No. 1, and which bears S 00°29'E 1087.80 feet and again N 89°31'E 54.20 feet from the Northwest corner of Section 36, T.'•N., R.69.W of the Sixth P.M.; thence along the North line of said Lot 9 N 89031'E 15.00 feet; thence S 00°05'E 368.20 feet; thence S 89°31' W 11.29 feet to the East line of Colorado State Highway No. 1; thence along said East line, N 02°48'W 78.26 feet, and again N 00°05'W 290.00 feet to the point of beginning. ♦��0 £NC r A = J � N V N CCUXCx�'� IM M W i: ', - i n e Ei -:I I a. , (s I . CW a nd I. 1-,.n he r c b r a_ow 1 '-d'qe d , a 5 5 i 9 n r. title. 1- 1 e - and I I and t ra r, f r a I r ight-I interest -4 b t Grant::;_ in a Deed of Eascrrr?rt: dated N o ve m b.- r I �S, 1 'S e fje�n Fred H.Bock.man and Margaret A. Pockman, GRANTER And James V. Muckic,w, GRANTEE, to the City of Fort Collins, C-oloradc,. WITNE*SS rrj,, hand and 5ea.1 this 27th day of November 19_-'4 dMES Y. MIUCKL OW STATE OF COLI-IRADO) COUNTY OF LARIMER) Subscribed and sworn to before me this 271-h day of November 1984, by james V. MucklOIL). WITNE'-'3 MY HAND AND OFFICIAL SEAL. My commission ex.pires- 3 Notr,Pub] is Address J PLAT UTiL l ry E��=�a�;Jr slTuaT� /N'OTS- 9, /a, ll, 08SE0JATO,ey Jl E/GHTS FOPZT" DOLL!A)51 COLOEADO I I J1.W. Cow. Ssc.3 —7-69 v ...---5 UD'Z.9 _:E._1i�&7. B b�ZN•7.5.) UTILITY EASEMENT over Lots 9, 10 and : N 8 9°3. 7' part of 11, Observatory Heights, fort A)azrH i.vO- C.os_R--- Collins, Colorado being more particu- 4.zo'- : rsoo larly described as follows: Begin at a point where the North line of said Lot 9 intersects the East line of - Colorado State Highway No. 1, and which bears S 00°29'E 1087.8Q feet and again N 89031'E 54.20 feet from the northwest O corner of Section 36, T.7N., R.69.W of the Sixth P.M.; thence along the North fine of said Lot 9 N 89'31'E 15.00 feet; thence S 00°05'E 368.20 feet;'thenCe S 89031'W 11.29 feet to the East line of Colorado State Highway No."1; thence' along said East line, N 02°48'W 78.26 2 - feet, and again tJ 00°05'1-1 290.00 feet Lu to the point of beginning. ►u 0 � Q18 - 4 i� a> s Q N " m i► 3 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. DEED OF EASEMENT THI'= DEED, made this 16th day of November between Fred H. Bockman and Margaret A. Buckman of the County of L.arimer, 'state of Colorado, GRANTOR, whose address is 315 Parker, Ft. Collins, Colorado, and James V.Mucklow of the County of L.arimer, state of Colorado, GRANTEE, whose address is 501 S. '_stover, Building 10, Apartment 216, Ft. Collins, Colorado. W I T N E S S E T H= That for and in _onsiderstion of the convenants and agreements herein set forth, the sum of Ten .. DOLLARS ($ 10.00), and ,ether good and valuable consideration in hand Paid by the!Granteeto 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, an eight inch sanitary sewer, together with a right-of-way for access, on, --. alone and in all of the hereinafter described easements of those certain land 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. In addition thereto, Grantor grants to the Grantee a temporary construction easement not to exceed fifteen ( 15 ) feet on the eastern side of the aforementioned sanitary sewer. As a condition to the granting of this temporary construction easement, the Grantee covenants and agrees to restore said land, 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 :giver and across said lands of the Grantor by means of roads and lanes therawn, if such there be, otherwise b-v such route or route_ as shall cession the least Practicable derma_,_ and inconv-nienc= to the Grantor; Provided, that if an,, portion of said lands is or shall be subdivided and dedicated roads 7r 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 sanitary sewer or structures constructed hereunder with any other number or type of sanitary sewer 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 sates 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) Granter shall not deposit, or Permit or allow to be deposited, earth, rubbish, debris, or any .. other substance or material, whether combust- ible or noncombustible, on said easement. .. 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 emission of Grantee or of its a,,,n+_: or .amplcvees ir, th;_ =iii1r o, their ,R,r.1r,m:ant. Th:;: 3rantor state= that it = ..uf th:= 1U1 ouf-,r in 4: simple tt,;= r. al ProPert', d__cribed i'r=r;=ins tl at it has .a soe;d and 13W!'Ul ri sht and au t hori t'; to _rnt, _'ll and =o n`,,•' Sabi ProPgrt'r' or an'Y Part thereof and that it Warrant_ th<_ title cif Said pr-o Pe r-t'r. Whenever used herein, the singular number shall include the Plural, the Plural the sineular> and the use of anY sender shall be aPPI icab1e to all senders. All of the convertants herein contained shall be binding upon and inure to thr3 benetit of the Parties hereto, their respective heirs, Personal representatives, successors and assisln5. - -. IN WITNES:= WHEREOF, the Grantor and Grante set their hands and seals this 16th day j Nove _ s Grantee e have hereunto Grar,teN r. STATE OF i_ OLORADO ) =S, COUNTY tNTY OF 1_AR I MER ) _ Subscribed .and Sworn to before me this 16th day of November. 1934, br Fred H. Pockinan and Marsaret A. B:,ck:man as GRANTORS.. Witness my hand and official seal. 07- MY CoiTi ssi on expires: _ N.-.{3r�`,, Public Addre_s: My Commission Expires June 14, T:3 3835 SoWh College Avenue Fort Collins, CO 80525 A i�!NTY i'IF LSIIR' IMF_F.') L. d and sworn to b_for<_ rn_ this 1•_•th da f Nivember u b•r James V. Muck l Ow as GRANTEE. Witness m,,, hand and official seal. My cnm,mission expires: Nn�t.,ar/-; Public Addr- e_ s- - MY Commission Expires jwy3 14, i388 3835 So&h Colley* Avema __ Con Co1Gm4 CO 33525