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Home My WebLink AboutEASEMENT Reception 20220004544 Grant of Utility, Metes and Bounds 3527404065CEPn0N#2o220004544 1/20/2022 9:57:43 AM, AngeJ Myers,Clerk &Recorder Lanmer County CO GRANT OF UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT is made this 19th day of December,2021,by and between Muriel de Ganahi (“Grantor”),whose address is $450 N Valley Oak Drive, Prescott,AZ 86305 ,and the TOWN OF ESTES PARK,COLORADO,a Colorado municipal corporation (“Town”). WITh ESSETH: FOR GOOD AND VALUABLE CONSIDERATION,the adequacy and receipt of which is hereby acknowledged,Grantor has this day bargained,sold,conveyed,transferred,and delivered unto the Town,its successors,and assigns,in perpetuity,an exclusive easement in, over,under,through,and across the real property described below for purposes of constructing, repairing,replacing,relocating,inspecting,operating,maintaining,marking by suitable markers set and maintained in the ground,and accessing Town-owned utility systems across,through, upon,over and under the real property described below;provided,however,that the Town shall make every effort reasonable to restore the ground surface to its prior condition after any disturbance of such surface.The term “Town-owned utility systems,”as used herein,shall include above and below ground wires,lines,cables,ducts,conduits,pipes,pumps,pedestals, risers,poles,vaults,manholes,fire hydrants,ditches,culverts,inlets and any other equipment, appurtenances,and structures associated with electric,water,communications,and stormwater systems that are owned and operated by the Town. The term “exclusive easement”means:that Grantor is prohibited without prior written approval from the Town from constructing or placing on any part of the easement any fence or gate,building,above or below ground utility systems,appurtenances,trees,shrubs or vegetation not owned or maintained by the Town,or any other permanent or substantial structure,or in any way modifying the Town-owned utility systems or their lateral or subjacent support.The Town shall be permitted to immediately remove without liability for damages any obstruction prohibited by this easement that interferes with the Town’s access to the Town-owned utility systems or impairs the Town’s full free use and exercise of the easement.The Grantor covenants and agrees to cause the easement area and any improvements installed thereon other than the Town-owned utility systems,to be maintained and kept,at its sole cost and expense,in good condition and state of repair. Together with the right to enter upon said premises,survey,construct,maintain,operate, control and use said utility facilities and to remove any objects interfering therewith,including reestablishing drainage contours,trimming and removal of bushes,trees and other vegetation, and the right to permit the construction,operation and maintenance of utility facilities of a separate utility,whether or not owned by the Town.The Grantor reserves the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges above granted.The Grantor agrees to indemnify and hold harmless the Grantee and its officers and employees from any and all suits,claims,damages,liability or court awards,including costs and attorney fees that are or may be awarded as a result of any loss,injury or damage sustained or claimed to have been sustained by anyone including but not limited to any person,firm, partnership or corporation in connection with or arising from Grantor’s use,maintenance,or operation of the easement area or any or all of its improvements installed thereon. Rev.1-2021 The easement hereby granted,situated in Larimer County,Colorado,is described as follows: Exhibit A —Easement Description AND Granting Property Legal Description AND Easement Drawing TO HAVE AND TO HOLD said easement unto the Town,its successors,and assigns forever.Grantor does hereby covenant with the Town that it is lawfully seized and possessed of the real property above described,that it has a good and lawful right to convey the easement herein granted,that the easement is free and clear of all liens and encumbrances,and that it will forever warrant and defend the title thereto against lawful claims of all persons whomsoever. The provisions of this Grant of Utility Easement shall be construed as to their fair meaning,and not for or against any party based upon any attribution to such party of the source of the language in question.None of the terms or conditions in this Grant of Utility Easement shall give or allow any claim,benefit,or right of action by any third person not a party hereto. Any person other than the Grantee or the Grantor receiving services or benefits under this Grant of Utility Easement shall be only an incidental beneficiary.This Grant of Utility Easement is an integration of the entire understanding of the parties with respect to the matters stated herein. The parties shall only amend this Grant of Utility Easement in writing with the proper official signatures attached hereto.No waiver of any breach or default under this Grant of Utility Easement shall be a waiver of any other or subsequent breach or default.This Grant of Utility Easement shall be governed and construed in accordance with the laws of the State of Colorado. TN WITNESS WHEREOF,Grantor has executed this Grant of Utility Easement the day and year first above written. GRANTOR:-, By: _________ Print Name:J 1I’C\(,oi’vic..k \ Title: __________________________________________ State of I ) -)ss County of____________) The foregoing insthiment was acknowleed before me,4 k %/ ________________ of Grantor,this//thyof i—te AL-A_,2021. Witness my hand and official Seal.My commission cx res:/-- Notary Public/ NotyPubhc-SteofMzona Rev.1-2021 Expires January 06,2025 TOWN Of ESTES PARK: (/A By: Print Name:C L Title:Q Rev.1-2021 EXHIBIT A ONE UTILITY EASEMENT ACROSS AND FOR THE BENEFIT OF TRACT 2 OF THE POWELL BOUNDARY LINE ADJUSTMENT LOCATED IN THE SOUTHEAST Y4 OF SECTION 27.TOWNSHIP 5N,RANGE 73W OF THE 6TH P.M.,COUNTY OF LARIMER.STATE OF COLORADO LEGAL DESCRIPTION OF GRANTEE’S PROPERTY LEGAL DESCRIPTION (TAKEN FROM ThE SPECIAL WARRANTY DEED AT LARIMER COUNTY INSTRUMENT #20200063621) TRACT 2,OF THE POWELL BOUNDARY LINE ADJUSTMENT,COUNTY OF LARIMER.STATE OF COLORADO LEGAL DESCRIPTION OF EASEMENT (DEGANAHL) COMMENCING AT THE SE 16TH CORNER OF SECTION 27;THENCE S 88’38’24”E 20.00 FEET ALONG THE NORTh LINE OF THE NE 4 OF THE SE 4 OF SAID SECTION;THENCE S 0O14’13”W 20.00 FEET;THENCE N 88’38’24”W 20.00 FEET TO THE WEST LINE OF THE SAID QUARTER SECTION;THENCE ALONG SAID QUARTER SECTION LINE N O1413”E 20.00 FEET TO THE TRUE POINT OF BEGINNING.TOTAL EASEMENT AREA IS ±400 S.F. SURVEYOR’S NOTES 1.THIS EASEMENT IS REPRESENTATIONAL ONLY AND SHOULD NOT BE RELIED UPON AS A BOUNDARY SURVEY NOR A LAND SURVEY PLAT. 2.THE INTENT OF THIS EASEMENT IS TO PROVIDE AN EASEMENT ROUTE FOR BURIED ELECTRIC TO AVOID THE QUESTIONABLE AREA OF TITLE BEING THE SOUTH 20’LYING NORTH OF THE SECTION LINE. 3.ALL EASEMENTS ARE SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS OF WAY OF RECORD,LARIMER COUNTY. 4.THE STRUCTURE SHOWN ON THE SUBJECT PROPERTY IS FROM THE SITE PLAN OF THAT PROPOSED CONSTRUCTION. 5.THERE ARE TREES SHOWN NORTH AND WEST OF THE NORTHWEST CORNER OF THE SUBJECT PROPERTY SO THAT THE BURIED ELECTRIC LINE CAN BE PLACED WITHOUT REMOVING ANY TREES. 6.THE BASIS OF BEARINGS FOR THIS EASEMENT IS THE NORTH LINE OF THE GRANTEE’S PROPERTY BEING MONUMENTED AS SHOWN ON PAGE 1 OF THIS EXHIBIT AND HAVING A BEARING OF N 88’39’44”W. 7.THE EASEMENTS NOTED AS,“PROPOSED ADDITIONAL UTILITY EASEMENT WILL BE DEDICATED BY SEPARATE INSTRUMENT. SCALE 1”=5O’ LEGEND 0 UTILITY POLE G TREES 0 FOUND MONUMENTATION 00.00 MEASURED OR CALCULATED DIMENSIONS (00.00)PLAHED OR DEEDED DIMENSIONS -PRPI$ED ADDITIONAL -UTUAS PROPOSED ADDITIONAL I UTILITY / EASEMENT 20.00’ FOUND S.E.16TH AREA OFCORNERSEC.27.QUESTIONABLE LUMUM LS26974/(SEE NOTE 2\- BASIS—OF—BEMINGS 1__ -VI N8844’1çwa 199.56’\ia ‘FOUND “j1_ PIPE PROPOSED ADDITIONAL UTILITY EASEMENT (N88’38’4cW 281.84’) (N8838’44”W_281.86’) )0 POLE (NOT IN USE)[ -PROPOSED UTILITY EASEMENT ±400 S.F. \TARGET AREA FOR TRANSFORMER SO’14’13w 20.00’ \“REBAR NO CAP N8838’44”W 20.00’ (“C), .0 C.N IFOUND#5 REBAR WITH 1.5” ALUMINUM CAP LS 29415 C m I z P1 FOUND #5 REBAR AND ALUMINUM “ENGLAND #29415” CAP DEGANAHL PROPERTY (TRACT 2 POWELL B.L.A.) 5C) P1 U) <-1no FOUND #5 REBAR WITH 1.5w ALUMINUM CAP LS 29415 1043 Fish Creek Rood —Estes Park,CO 80517 Phone:(970)586—9388 eMail:info@vanhornengineering.com