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Home My WebLink About1601 NORTH COLLEGE AVENUE - Filed ED-EASEMENT DEDICATION - 2003-03-12RCPTN #k 89019049 /02/89 11:16:14 # OF F F.S - 4 FEE - 912.00 M. RODENRER(-,RR, RECORDER - LARIMF,R COUNTY CO STATE DOC FEE- S.mp DEED OF EASEMENT THIS DEED, made this __day of A ;:' , 1989, between NORTH COLLEGE MOBILE PLAZA, a California Limited Partnership, of the County of Orange, State of California, GRANTOR, whose address is 18178 Santa Sophia Circle, Fountain Valley, California 92708, 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 FOUR HUNDRED SEVENTY-FIVE DOLLARS ($475.00), 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, improve, inspect and remove, at any time and from time to time subsurface pipes and bore pits; surface fire hydrants and other fixtures and appurtenances for the purposes of providing fire protection and transmitting water together with a right-of-way for access, on, along, through and under all of the hereinafter described real property 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, being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof, for the purpose of constructing the aforementioned public improvements. 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 public improvements, or other structures constructed hereunder with any other number or type of public utility improvements, 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; E 1 T y OF FONT COLLINS (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 alter 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 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 City Manager, 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 —qt-k day of pri 1989. North Col ge Mobil Plaza By. LA Xarnahan, General Partner LeVern Carnahan, General Partner FA STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) Subscribed and sworn to before me this day of 1989, by Lee Carnahan and LeVern Carnahan, as General Partners. Witness my hand and official seal. My Commission expires: OFFICIAL SEAL NORMA J. O'SHEA NOTARY PUBLIC CALIFORNIA by R2R;Ci va_ CFr CE I11 GflEtiGE COtI ��IY M� Ccmmissw Em. Aurd 9. I;cJ Notary Public Address: Accepted by the City of Fort Collins, Colorado this L1*1^ day of r* 1989. ATTEST: City Clerk r } (CORPORATE SEAL) APPROVED AS TO FORM: Assistan,)t City Attorney 3 CITYCOLL S, C LORADO By City Manager EXHIBIT A DESCRIPTION FOR A PERMANENT EASEMENT FOR NO RTH COLLEGE MOBILE PARK An easement on, over and across portions of that certain parcel described in Book 2294, Page 1272 located in the Northeast Quarter of Section 2, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, Colorado and more particularly described as follows: Commencing at a point 657.02 feet South of the Northeast Corner of the Northeast Quarter of said Section 2, said point being the Northeast corner of said Book 2294, Page 1272; thence, West along the North property line 40.0 feet to the West right-of-way of College Avenue; said point being the POINT OF BEGINNING; thence, West along said North property line, 15.0 feet; thence, South 15.0 feet; thence, East 15.0 feet to said west right-of-way; thence, North 15.0 feet to the Point of Beginning. The above described easement contains 225 square feet more or less. DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT FOR NORTH COLLEGE MOBILE PARK An easement on, over and across portions of that certain parcel described in Book 2294, Page 1272 located in the Northeast Quarter of Section 2, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, Colorado and more particularly described as follows: The Northerly 62 feet of the Easterly 120 feet of said parcel described in Book 2294, Page 1272, Larimer County Records, except the right-of-way for College Avenue over the Easterly 40 feet. The above described easement contains 4960 square feet more or less. Easement No. 2 City of Fort Collins 3/23/89 VICINITY MAP -I W LLOX LANE ��/ I� ��• �� Ti _J _ ter,-y.•-�.• _-r ��r ;•�1 - J. ,, as merrt L cati aR LU Trailec" l: \ Parks ".- > 1. 0r JZ w HICKORY STREET(-rofi`' (�1 . 1 \ I� .Y: \�\��l A� • A � 1 co L_. 0 j, - ✓ASH /D.p-E F-(V- \ , 1 i Sty FORT COLLINS � i1y i� MAP #3 1" = 1000 11 Iy-I - -}BRISTLECONE DRIVE jII ® ...�� I 'SLibsta 1 AMES VINE DRIVE Seal;ng j� BdSf1Y Bu6