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HomeMy WebLinkAboutCORRESPONDENCE - GENERAL CORRESPONDENCE - RESOURCE RECOVERY FARM LANDp, p, - FORM NC '30 RFVI ED FES RUA6Y ! RCPTN # 88026809 06/13/88 10:39:38 # OF PAGES - 2 FEE - $6.00 M. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- $.00 KNowALL MEN BY THESE PRESENTS: That I, or We, CITY OF FT. COLLINS, COLORADO the Grantor or Grantors, of the — __________County of Larimer ,and State of Colorado for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to the said Grantor or Grantors in hand paid, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do hereby GRANT, BARGAIN, SELL, CONVEYAND CONFIRM unto STATE DEPARTMENT OF HIGHWAYS Division of Highways, State of Colorado the Grantee, its successors and assigns forever, the following right and interest in real property, situated in the County of Lariiner and State of Colorado, owned by said Grantor or Grantors, to -wit: EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right-of-way of Colorado State Highway No. 25, a freeway established according to the laws of the State of Colorado, and from and to any part of the real property of the Grantor in the NE 1,'4 of Section 21, Township 7 North, Range 68 West, of the Sixth Principal Meridian, in Larimer County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: IR 025-3(89) AC-4 Westerly (Pro.j. No.) (Parcel No.) (Location of Line) Beginning at a point on the westerly right. of way line of I-25 (January 1988), from which the NE corner of Section 21, T. 7 N., R. 68 W., of the 6th P.M. bears N. 10° 59' 55" E., a distance of 1,244.32 feet; 1. Thence along the westerly right of way line of I-25 (January 1988) the following six (6) courses N. 6° 03' 40" W., a distance of 358.25 feet; 2. Thence N. 17' 43' 09" W., a distance of 789.49 feet (Deed); 3. Thence N. 36' 47' 12" W., a distance of 80.95 feet (Deed); 4. Thence N. 89° 51' 10" W., a distance of 327.82 feet (Deed); 5. Thence N. 61° 39' 31" W., a distance of 88.86 feet (Deed); 6. Thence N. V 40' 05" E., a distance of 3.55 feet to the south right of way line of Prospect Street (January 1988); 7. Thence N. 88' 19' 55" W., along said south right of way line, a distance of 272.52 feet to a point from which the NE corner of Section 21 bears S. 89' 42' 56" E., a distance of 1,242.33 feet. Basis of Bearings: All bearings referenced to a line connecting the NE corner of Section 21, T. 7 N., R. 68 W., of the 6th P.M. (a nail in the bridge deck) and the N 1/4 corner of Section 21 (No. 4 rebar with cap), bearing S. 89° 57' 48" E. AFi E � kr1£cOh'falty6 PLEASE MAIL jCk h CeUart Ni +nent of High ways of ghway Office Of Sta 410t Fast Arka the l, 6f O=r:c I was Avanuo Colorado 9rj222 A f i ENIt Way together with all the appurtenanc,,s thereunto belonging. DO. H. FORM NO. 230 REVISED FEBRUARY 1977 Excepting, however, from this grant, the right of the Grantor or Grantors to have the following point or points of access of the locations set forth hereinafter, to be limited, however, in use by the Grantor or Grantors, to the width and location hereinafter designated: according to centerline stationing of the Grantee's Project No._ IR 025-3(89) Further excepting from this grant, the right of the Grantor or Grantors to have access across the aforesaid line or lines at those points where passageways under the roadway, and public openings in said line or lines, may be provided for that purpose by the Grantee. This deed, and the rights and interests herein conveyed, shall be and constitute a perpetual burden upon the real pro- perty of Grantor or Grantors, adjoining the hereinbefore described access line or lines, across which access'will be denied, as herein set forth, and shall be binding upon the Grantor or Grantors, and all the heirs, successors and assigns of the Grantor or Grantor with respect to said adjoining real property. And the Grantor or Grantors, for themselves and for their heirs, nant, grant, bargain and agree to and with the Grantee, its successors and asuccessors, executors, administrators and assigns, do cove- ssigns, the above bargained access rights and interests, fully claiming or to claim in the quiet and peaceable possession of the Grantee, and its successors and assigns, against all and every Person or persons law - the whole or any part thereof, by, through or under the Grantor or Grantors, to WARRANT AND FOREVER DEFEND. Signed, sealed and delivered this l th day of CITY OF FORT.COLL COLORADO y STATE OF__ i Ma or -------County of /�Q�ll L v, r:( ss. The foregoing instrument was acknowledged before me this by Ed Stony —day of_ C-tc A.D., i9 88—. �., ilayor Of the City of Fort Collins, a Colorado Corporat on. i,WitneSs'my hand'and-official seal. �y Commission expiries_' 1 J I I / STATE OF_. ., � -12 er1 Cf A 7 Notary Public ----- County of_ ss. The foregoing instrument was acknowledged before me this by ---__day of Witness my hand and official seal. My Commission expires_ 0 0 Notary Public A d 1i _J O C-� N O cn .d ��� 3�2l+ v a a s j O 07 W Ca O U w= .4 Q7 O VU ww Q o v CD z 0 0 �� x E v G rrL,-L/lJ m I"[)N Ot~O a SE o =vo co Ey--i U U T \ .r f. CD4i = o N i Io omc�E V ti o x U 0 a� JO pp� U }S I� ? w oa w Z G4 W O p C� t CD 4 t� LL Q U c U 2 c c o Q o Z O W O O .� 4 w�Y o u~i y a� F.. in O U 2 v Q o a c� c Q. W m r h� W_o O V �" .L... C1 9 9 �3 �7 t __a U ^ Vi ^*t O Z RCPTN # 880268018 wo/13/88 10:39:21 # OF L _GES — 5 FEE — 815.00 M. RODENBERGER, RECORDER — LARTMER COUNTY CO STATE DOC FEE— S.00 RESOLUTION 88-66 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A DEED OF EASEMENT AND CONTROLLED ACCESS AGREEMENT TO THE STATE DEPARTMENT OF HIGHWAYS WHEREAS, the City is the owner of certain real property adjacent to the interchange at Prospect Road and Interstate 25; and WHEREAS, the City is desirous of having available to the public a paved frontage road at the interchange; and WHEREAS, an easement description has been established for the purpose of conveying an easement from the City to the State Department of Highways for the construction of such frontage road; and WHEREAS, the Council finds that the real property underlying said easement is not necessary for other municipal purposes or secured for the purpose of being used for municipal purposes, and that it is in the best interests of the City of Fort Collins that the easement and controlled access agreement be executed in favor of the State Department of Highways. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and he hereby is, authorized to execute a good and sufficient deed of conveyance of an easement to the State Department of Highways for Construction of a paved frontage road, together with a controlled access agreement restricting access to and from that portion of Interstate 25 which abuts the above -referenced City property. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 3rd day of May, A.D. 1988. Rayo_F_� ATTEST: FF, mlawwwPon-City Clerk a NLtASE MAIL Tu: fne �,,: of Highways of the State of Colorado �'� ":r' (ithce 8widing <20! East ,Arkansas Avenu# enver, Colorado O222 ATTEIFIQ% %ikt at Woy qattM Project No.: IR 025-3(89) Location Prospect Interchange -North Parcel No. : E-4 PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the CITY OF FORT COLLINS, COLORADO, of Larimer County, State of Colorado ("Grantor"), for and in consideration of the sum of ONE DOLLAR ($1.00), and other valuable consideration, in hand paid by STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO ("Grantee"), receipt of which is hereby acknowledged, has given and granted and by these presents does hereby give and grant unto the Grantee, its heirs, successors, and assigns a PERPETUAL EASEMENT ("the Easement") on, along, over and across the following described premises, to -wit: A permanent easement of land No. E-4 of the State Department of Highways, Division of Highways, State of Colorado, Project No. IR 025-3(89) containing 5.311 acres, more or less, in the NE 1/4 of Section 21, Township 7 North, Range 68 West of the 6th P.M., in Larimer County, Colorado, the Easement being more particularly described as follows: Beginning at a point on the North line of the NE 1/4 of Section 21, Township 7 North, Range 68 West of the 6th P.M., from which the NE corner of Section 21 bears S 88019155" E, a distance of 1241.97 feet; 1. Thence S 01040105" W, a distance of 30.00 feet to the South right-of-way line of Prospect Street (January 1988); 2. Thence S 44*23159" W, a distance of 136.14 feet; 3. Thence along the arc of a curve to the left, having a radius of 532.96 feet, a distance of 133.47 feet (the chord of this arc bears S 15012102" E, a distance of 133.12 feet); 4. Thence S 22022130" E, a distance of 110.41 feet; 5. Thence along the arc of a curve to the right, having a radius of 612.96 feet, a distance of 428.88 feet (the chord of this arc bears S 02*19150" E, a distance of 420.18 feet); 6. Thence S 17042150" W, a distance of 404.31 feet; 7. Thence S 36009113" E, a distance of 117.93 feet; 8. Thence N 89058143" E, a distance of 1059.59 feet to the West right-of-way line of I-25 (January, 1988) ; 4,,;. PLEASE MAIL iO a ,nc ut Highways of the State of Coloratlo hq, Ottice Building AZOI East Arkansas Avenue Denver. Colorado 80222 ATTENTION: Right of Way Section. Project No.: IR 025-3(89) Location Prospect Interchange North Parcel No. : E-4 Page 2 9. Thence S 06003140/1 E, along said West line, a distance of 180.45 feet; 10. Thence N 48002128/1 W, a distance of 148.67 feet; 11. Thence S 8905814311 W, a distance of 1177.63 feet; 12. Thence N 17042150/1 E, a distance of 613.88 feet; 13. Thence along the arc of a curve to the left, having a radius of 532.96 feet, a distance of 372.90 feet (the chord of this arc bears N 02019150/1 W, a distance of 365.34 feet); 14. Thence N 22022130/1 W, a distance of 110.41 feet; 15. Thence along the arc of a curve to the right, having a radius of 612.96 feet, a distance of 167.15 feet (the chord of this arc bears N 14*3314711 W, a distance of 166.63 feet); 16. Thence N 45*0915711 W, a distance of 146.17 feet to the South right-of-way line of Prospect Street (January, 1988); 17. Thence N O104010511 E, a distance of 30.00 feet to the North line of the NE 1/4 of Section 21; 18. Thence S 88*1915511 E, along said North line, a distance of 280.00 feet, more or less, to the point of beginning. The Easement contains 5.311 acres, more or less, of which 0.193 acres are in the right-of-way of the present road. Basis of Bearings: All bearings referenced to a line connecting the NE corner of Section 21, Township 7 North, Range 68 West of the 6th P.M. (a nail in the bridge deck) and the N 1/4 corner of said Section 21 (No. 4 rebar with cap), bearing S 89*5714811 E. The Easement granted herein shall be for the purpose of a frontage road open to the public. Construction of the frontage road shall be at the sole expense of the Grantee, except as hereinbelow provided in the event of relocation of the Easement. Maintenance of the road after completion of construction shall be the responsibility of the Grantor. 41ER RECORDING PLEASE MAIL Tfk Jartrnent of Highwe" of the 3118112 of Colorado iji way Office Building 4201 East Arkansas Avenue Denver, Colorado 90222 ATTENTION: Right of Way Section Project No.: IR 025-3(89) Location Prospect Interchange North Parcel No. : E-4 Page 3 Notwithstanding any other provision herein to the contrary, the Grantor or its successor in interest may, at its option, relocate the Easement to a different location within the "Grantor's property" as shown on Exhibit A, attached hereto and incorporated herein by this reference, provided that : 1) Any such different location shall utilize the same points of ingress and egress as the Easement. 2) All costs of relocating and reconstructing the Easement and the frontage road shall be borne by the Grantor or its successor in interest. 3) The width and design of the relocated easement shall be acceptable to the Grantee; provided however, that the Grantee's consent to the same shall not be unreasonably withheld. The Grantor hereby covenants with the Grantee that it has good title to the aforedescribed premises and that it has good and lawful right to grant this Easement. Signed this 3rd day of CITY OF FORT COLLINS, COLORADO STATE OF COLORADO ) ss. County of Larimer ) May 1988 By Mayo The foregoing instrument was acknowledged before me this 3rd day of May 1988 , by Ed Stoner as Mayor of the ity o ort Collins, Colorado, a -municipal corporation My commission expires V\S-iQ Witness my hand and offici %a, . Notary PtLblib Address My Commission Expires July 15, 100 P.O. Box 580 Ft. Collins, CO 80522 AFTER RECORDING PLEASE MAIL TO; The Department of Highways of the State of Calorarto Highway Office Building 4201 East Arkansas Avenue Denver, Colorado 80222 4TTERTION Right of Way Section EXHIBIT A I vi o�h 09O�J Z� �-2J JV A(SFb4�N .SS6'ZSOOI,/N — � !ILI 77 ' � "P�"S JJ J19J M STb/.BBJ •\ � a- _� � 4 �-.— — -- A� `� `—�7�/ `fir • prJ a � i � Ji�r-�aazc;/r.v� � ��V1��'� Q ( I� I I 0 � i� •'Lill .II N9YJ r/Lvn'H �,o+�� saves •P, -'a __� ' 1 / .i158g�� it � �' �- .moo✓ .rty�,` �\1 1 1 I'' 91 I � 34 � � " � � �I // ,� —� w—/ �<,/yaw P •6v +.oi �� \1�1� I I I � i � OAi l m D x `' ml I I al I tr. zl ��� I A T>j I I I I I II �u I b II I• II PI I I II drlf I� I I II �m �t � gret IIII I ,.. �i�ttt pKl ill II a min I I I II I I L j I I III � I �� li. I Ill IIII III r i • �� IIIIW� IIgII IIWI I IIIIII� IIII I I I ti II II{III � IIII II I` — II IIII � ICI le. I I11I � vII III I IIII II �I I I I � •I I-I� �I I I o II � II I�IIIIIYIIIIIIi �C�-_ III 11 III II �I I � II �` r1 III II II IIII II I�^ RESOU RECO ; FAR PERMANENT EASEMENT igoullix � I RAMPS EXISTING FRQNJTAGE ROADS/