HomeMy WebLinkAboutSCHRADER COMMERCIAL PUD - Filed ED-EASEMENT DEDICATION - 2016-06-01RECEPTION#: 20120002636, 01/12/2012 at
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Scott Doyle, Larimer County, CO
EASEMENT DEED
WITH TERMS AND CONDITIONS
THIS EASEMENT DEED WITH TERMS AND CONDITIONS ("Deed") is made
and entered into this /[ . 4 1 day of f G. 1, 2011 (the "Effective Date"), by and between
NORTH COLLEGE CARWASH AND STORAGE, LLC, a Colorado limited liability
company ("Grantor"), and THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("Grantee").
1. Grantor's Progeny. Grantor is the owner of that certain parcel of real property located in
Larimer County, Colorado, which is legally described as Lot 1, Schrader Commercial PUD, Fort
Collins, Colorado (the "Property").
2. Grant of Easement — Consideration. For and in consideration of the covenants and
agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which Grantor acknowledges, the Grantor grants, sells
and conveys to the Grantee, its successors and assigns, a perpetual, non-exclusive utility
easement (the "Easement") on, over, under and across the Property as described more filly on
Exhibit A, consisting of two (2) pages, attached to and made a part of this Deed (the "Easement
Area"), subject to the conditions and restrictions set forth below.
3. Pumose and Uses of Easement. Grantee may use the Easement to install, operate,
maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time,
utility improvements (the "Improvements"), and for access to the Improvements, on, over, under
and across the Easement Area.
4. ,&dditional Rights of Grantee. Grantor further grants to the Grantee:
(a) the right of ingress to and egress from the Easement Area over and across the
Property by means of any roads and lanes thereon to the extent practicable;
(b) the right from time to time to enlarge, improve, reconstruct, relocate and replace
the Improvements constructed hereunder with any other number or type of public
improvements, or other structures either in the original location or at any alternate
location or locations within the Easement Area, generally consistent with the
intended purposes of the Easement;
(c) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross the Easement Area;
(d) the right to mark the location of the Easement Area by suitable markers set in the
ground.
5. Grantor's Rights in Easement Area. Grantor reserves the right to use the Easement Area
for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted.
Grantor will not:
Easement plus TCE — City Grantee Pagel of 5
/ Form version 712007
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• erect or construct any new structure or improvement;
• drill or operate any well:
• construct any reservoir or impoundment or other obstruction:
• install or plant any trees or woody shrubs:,
• change the ground level in the Easement Area:
• or otherwise improve the Easement Area.
6. Maintenance of the Easement Area.
(a) Grantor will maintain the surface of the Easement Area in a sanitary condition in
compliance with any applicable weed, nuisance or other Iegal requirements.
(b) Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris,
or any other substance or material, whether combustible or noncombustible, on
the Easement Area, other than vegetation not prohibited under paragraph 5,
above.
(c) Grantee will make such repairs or take such other action as may be necessary to
restore the Easement Area to a condition comparable to its condition prior to
Grantee's activities in the Easement Area, including but not Iimited to the
reseeding and replanting of any disturbed areas in a manner reasonably
satisfactory to Grantor, correction of any subsidence, and restoration of any other
improvements or conditions impacted by Grantee's activities.
7. Vacation of Existing Easement. The Easement is intended as a replacement for a similar
easement granted to the City on the Plat of Schrader Commercial PUD dated May 18, 1982 and
recorded at Book 2167, Page 1373 at the Larimer County Clerk and Recorder (the "Existing
Easement"). As additional consideration for this Easement, the City agrees to request that the
Existing Easement be vacated through the City's standard vacation process, following the
conveyance of the Easement.
8. Grant of Temporary Construction Easement — Consideration. For and in consideration
of the covenants and agreements herein set forth, the sum of Two Hundred Fifty Dollars
($250.00), and other good and valuable consideration, the receipt and adequacy of which Grantor
acknowledges, the Grantor also grants to the Grantee a temporary construction easement (the
"TCE") over and across that portion of the Property more fully described on Exhibit B,
consisting of two (2) pages attached to and incorporated into this Deed (the "TCE Area"), for
the purpose of carrying out activities related to constructing the Improvements within the
Easement Area as described herein, including but not limited to: vehicular and non -vehicular
access and the storage and staging of materials and equipment.. The TCE shall terminate thirty
(30) days following final completion of the Improvements within the Easement Area, but in no
event later than May 1, 2012. The grant of the TCE is subject to the following teens and
conditions:
(a) Grantor further grants to the Grantee:
Easement plus TCE — City Grantee Page 2 of 5
rorm version 712007
(i) the right of ingress to and egress from the TCE Area over and across the
Property by means of any roads and lanes thereon;
(ii) the right to install, maintain and use gates in all fences which now cross or
shall hereafter cross the TCE Area;
(iii) the right to mark the location of the TCE Area by suitable markers set in
the ground.
(b) Grantor reserves the right to use the TCE Area for any purposes that will not
interfere with Grantee's full enjoyment of the rights hereby granted. Grantor will
not erect or construct any structure or improvement, or drill or operate any well,
construct any reservoir or impoundment or other obstruction, install or plant any
trees or woody shrubs, or otherwise improve the TCE Area or change the grotmd
level in the TCE Area during the term of this TCE.
(c) Grantor will maintain the surface of the TCE Area in a sanitary condition in
compliance with any applicable weed, nuisance or other legal requirements.
(d) Grantor will not deposit, or permit or allow to be deposited, earth, rubbish, debris,
or any other substance or material, whether combustible or noncombustible, on
the TCE Area.
(e) Grantee will make such repairs or take such other action as may be necessary to
restore the TCE Area to a condition comparable to its condition as of the date of
this Deed, including but not limited to the reseeding and replanting of any
disturbed areas in a manner reasonably satisfactory to Grantor, correction of any
subsidence, and restoration of any other improvements or conditions impacted by
Grantee's activities.
S. Representations of Grantor. Grantor states that it is the lawful owner in fee simple of the
Property; that it has good and lawful right and authority to grant, sell and convey the Property or
any part thereof, and that it warrants the title to the Property. Grantor acknowledges and agrees
that the Improvements are for the purpose of repairing, replacing and/or improving existing
sanitary sewer facilities that have been present on and required to provide sanitary sewer service
to the Property, for several decades. Grantor represents and warrants that the beneficiary of any
deed of tnist, mortgage, lien or other obligation secured by an interest in the Property has
consented to and subordinated its interest in the Property to the Easement and TCE granted
hereunder, or is otherwise subject to the right of Grantee to continue to operate, maintain, repair
and replace such sanitary sewer improvements on the Property.
9. Additional Terms and Conditions. Whenever used herein, the singular number includes
the plural, the plural the singular; and the use of any gender is applicable to all genders. All of
the covenants herein contained are binding upon and inure to the benefit of the parties hereto,
their personal representatives, successors and assigns.
Easement plus TCE—City Grantee Page 3 of 5
Form version 712007
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
GRANTOR:
NORTH COLLEGE
STORAGE, Ued
,
a Colorado 1 11*]
Date: By:
STATE OF COLORADO )
ss
COUNTY OF i ntiTX�
CARWASH AND
company
The foregoing instrument was acknowledged before me this V'day o , b
�� Y
6aAM'kniAN. as for North College Carwash and Storage,
LLC, a Colorado limited liability company.
Witness my hand and official seal.
My Commission expires:
MYlionr,.*M0tnWtU'%
Easement plus TCE — City Grantee
Form version 7/2007
Page 4 of 5
Date: I' 9-12-
o��•COL
EST:
City Clerk �{
PPROVED AS TO FO t.- COL.'
Assistant City
GRANTEE:
THE CITY OF FORT C
a Municipal Corporation
By:
Darin A. Atteberry,
COLORADO
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged befovqme this 0ytf Za qq! ,
�j by Darin A. Atteberry as City Manager and as City Clerk of
the Cityy of Fort Collins.
Witness my hand and official seal.
6�� "GIN?�
My Commission expires: 7-13
Notary Public
Easement plus TCE — City Grontoo
Form version 7/2007
Page 5 of 5
y' NOTARY
N
PUBLIC •• 0
`e.OF C01.069
0
EXHIBIT A
SHEET 1 OF 2
EASEMENT NO. 1 DESCRIPTION
A PORTION OF LOT 1, SHRADER COMMERCIAL P. U.D., LOCATED IN THE NORTHEAST
OLNRTFR OF SECTION 2, TOWNSHIP 7 NORTH, RANG£ 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, CITY OF FORT COLONS, COUNTY OF LARIMER, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOW:
BASIS OF BEARINGS.* THE FAST LINE OF THE NORTHEAST OU6ART£R OF SAID SECTION 2
IS ASSUMED AO BEAR S 00'38106- W, A DISTANCE OF 2610.31 FEET, B£AR/NGS ARE -
BASED ON THE FORT COLONS GROUNDMASIER LOCAL COORDINATE' SYST SM'
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2; THENCE S 3657'19" W A
DISTANCE OF 363.35 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 1, SHRADER
COMMERCIAL P.U.D. WHENCE THE NORTHWESMRLY CORNER OF SHRADER COMMERCIAL
P. U.D. BEARS N 8971 '55" W, A DISTANCE OF 84.78 FEET, SAID POINT BEING THE POINT
OF BEGINNING,
THENCE S 20'33'06"
E,
A
DISTANCE OF 28.09 FEET;
THENCE S 00'17'08"
W,
A
DISTANCE OF 173.81 FEET TO THE SOUTHERLY LINE OF
SHRADER COMMERCIAL P. U.D.;
THENCE ALONG SAID
SOUTHERLY LINE, N 89'21'55" W, A DISTANCE OF 46.01 FEET'
THENCE N 00417108"
E,
A
DISTANCE OF 30.33 FEET;
THENCE S 89'21 '55"
£,
A
DISTANCE OF 16.00 FEET,•
THENCE N 0077108"
E,
A
DISTANCE OF 137.78 FEET;
THENCE N 20'33'06" W, A DISTANCE OF 34.20 FEET TO THE NORTHERLY LINE OF
SHRADER COMMERCIAL P. U.D.;
THENCE ALONG SAID NORTHERLY LINE, S 89'21 '55" E, A DISTANCE OF 32.18 FEET TO
THE POINT OF BEGINNING;
CONTAINING A GROSS AREA OF 6,550 SOUARE FEET OR 0 150 ACRES, LESS THE UTILITY
EASEMENT DEDICATED BY SAID SHRADER COMMERCIAL P. U.D., BEING 1, 082 SOUARE FEET
OR a 025 ACRES FOR A NET AREA OF 5,468 SOUAR£ FEET OR a 125 ACRES, MORE OR
LESS.
SURVEYOR'S STATEMENT
/ HEREBY STATE THAT THE ATTACHED PROPERTY DESCRIPTION WAS
PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AND IS
ACCURATE' TO THE BEST OF MY KNOWLEDGE AND BELIEF.
ALAN WARNER, PLS 28668
FOR AND ON BEHALF OF
STANTEC CONSULTING INC.
EXHIBIT A
SHEET 2 OF 2 P01NT OF COMMENSEMENT
NE COR., SEC. 2
NOTES: NO MONUMENT RE -COWERED
POSITION PER CITY SURVEY
1. EXISTING EASEMENTS SHOWN PER THE PLAT i
OF SHRADER COMMERCIAL P.U.D.
2. LOCATION OF EXISTING 10' UTILITY EASEMENT
SHOWN ON THIS EXHIBIT IS APPROXIMATE 7i9i
DUE TO LACK OF DIMENSIONS ON THE 536' 63,3`�
PLAT OF SHRADER COMMERCIA%P.�•� i -- 3
POINT OF BEGINNING -1
" Lor 1
S89'2 3218' `� WILLOW CROSSING I
52.60'
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a "0 N20'33'06"W
34.20'
0
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N S89'21'55"E _
1 ¢.00'
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00'17'08"E
30.33'
�6.50, r I I
S20'33'06"E
28.09' EAso. o0
SEUENT NO. 1
5,468 SF NET �U
0. 125 AC NET I I I �•
/ I I I W ? IN
Lor 1 ► r I , !c;
ri SHRADER
COMMERCML
P. U.D. 1 I I m �>
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EX. DR1v£WAY EASEMENT
rye nn• � I
N89'21'55"W EMIR LOPEZ
46.01' RN 2005-008932
GRAPHIC SCALE
o so 100
ORIGINAL SCALE: 1"= 50'
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY.
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION.
4
I
E 1/4 COR., SEC. 2
NO MONUMENT RECOVE7?M
POS1770N PER CITY SURVEY
Stantsc Consulting Inc. PROPERTY DESCRIPTION PROJECT NO.:
2000 S Colorodo Blvd NORTH .COL` EGE SEWER 1873 10228
Tm� Suite 2-300'
Denver, CO 80222 EASEMENT NO. 1 DATE:
Tel. 303.758.4058 1705 N. COLLEGE AVE. 08/14/11
Fax. 303.758.4828 LOT 1, SCHRADER COMMERCIAL P.U.D.
��yy,,.�� www.3tantee.com CITY OF FORT COLLINS CAD OPR.: SHEET:
swntec LARIMER COUNTY, COLORADO I AGW 2 OF 2
EXHIBIT B
SWEET 9 OF 2
TEMPORARY CONSTRUC770N EASEMENT NO. 1 DESCRIP7701V
A PORTION OF LOT 1, SHR4DER COMMERCAL P.U.D., LOCATED /N THE NORTHEAST
QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, R4NGE 69 WEST OF THE 6T V PRINCIPAL
MERIDUN,- CITY OF FORT COLLINS, COUNTY OF LAR/MER, STAID OF COLOR4DO,, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.'
84SIS OF BEARINGS.• THE EAST LINE OF THE NORTHEAST 4UARTER OF SAID SECTION 2
IS ASSUMED TO BEAR S 00'38'06- W, A DISTANCE OF 2610.31 FEET, BEARINGS ARE
S4SED ON THE FORT" COLLINS CROUNDMASTER LOCAL COORDINATE SYSTEM,
COMMENCING AT THE NORTHEAST CORNER OF SAID SEC770N 2; THENCE S 36'57'19' W A
DISTANCE OF 363.35 FEET 70 A POINT ON 7N£ NORT751ERLY LINE OF LOT 1, SHRADER
COMMERCAL P.U.D. WHENCE THE N0R7YWESTERLY CORNER OF SHRADER COMMERCAL
P.U.D. BEARS N 8921'W W, A DISTANCE OF 84.78 FEET, SAID POINT BEING THE POINT
OF BEGINNING;
]HENCE ALONG SAID NORTHERLY LINE, S 8921'55'" E, A DISTANCE OF 29.99 FLEET,'
THENCE' S 00'17108- W, A DISTANCE OF 200.00 FEET TO THE SOUTHERLY LINE OF
SHRADER COMMERCIAL P.U.D.;
THENCE ALONG SAID SOUTHERLY LINE, N 8921'55" W, A DISTANCE OF 20. DO FEET,
THENCE N 00`17'08" H, A DISTANCE OF 173.81 FEET,•
THENCE N 20'33'06" W, A DISTANCE OF 28.09 FEET TO 7HE POINT OF BEGINNING;
CONTAINING A GROSS AREA OF 4,131 SQUARE FEET OR 0.095 ACRES, LESS THE UTILITY
EASEMENTS DEDICATED BY SAID SHRADER COMMERCIAL P.U.D., BEING 187 SQUARE FEET
OR 0.004 ACRES FOR A NET AREA OF 3, 944 SQUARE FEET OR 0.091 ACRES, MORE OR
LESS.
SURVEYOR'S STATEMENT
l HEREBY STATE 7HA7' 7HE ATTACHED PROPERTY DESCRIPTION WAS
PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AND /S
ACCURATE 70 THE BEST OF MY KNOWLEDGE AND BELIEF
ALAN WARNER, PLS 28668
FOR AND ON BEHALF OF
STANTEC COIVSUL77NG INC.
EXHIBIT B POINT OF COAfMENS£MENT
SHEET 2 OF 2 NE COR., SEC. 2
NOTES: ND MONUMENT RECOVERED
POSI770N PER 017Y SURVEY
1. EXISTING EASEMENTS SHOWN PER THE PLAT i
OF SHRADER COMMERCIAL P.U.D. i
2. LOCATION OF EXISTING 10' UTILITY EASEMENT .w
SHOWN ON THIS EXHIBIT IS APPROXIMATE 7i9f
DUE TO LACK OF DIMENSIONS ON THE 536 ,- 35
PLAT OF SHRADER COMMERCIAL P.U.D.�� 3
1:10/1W OF BEGINNING
LOT f
,- r WI JLOX CROSSING
N20'33'O6"W��
S89'21 55"E
o-
1 28.09' l
29.99' I
1
TEMPORARY
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CONSTRUCTION
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EX. ORIVEWAY EASEMENT I
i
124.00'
L .
N89'21'55"W EVIR LOPEZ
20.00' RN 2005-0089324
GRAPHIC SCALE
50 1
ORIGINAL SCALE: 1 50'
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY.
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION.
60.00
'N
'K �IWVW
�f o
t�N
^
IW �
O I
Z
E 1/4 COR., SEC. 2
NO MONUMENT RECOVERED
POS1770N PER CI7Y SURVEY ri
Stantec Consulting Inc. PROPERTY DESCRIPTION PROJECT No.:
2000 S Colorado Blvd NORTH COLLEGE SEWER 1873 10228
Suite 2-300
Denver, CO 80222 EASEMENT NO. 1 DATE:
Tel. 303.758.4058 1705 N. COLLEGE AVE. 08/10 11
T4A Fox. 303.758.4828 LOT 1, SCHRADER COMMERCIAL P.U.D.
cc�x,,�,
WYlw.atantec.com CITY OF FORT COLLINS CAD CPR.: SHEET:
ma LARIMER COUNTY, COLORADO I AGW 2 OF 2