HomeMy WebLinkAboutEASEMENT Reception 20220004546 Grant of Utility Various BarnettRECEPTION #20220004546,1/20120229:57:43 AM,0
Angela Myers,Clerk &Recorder,Lahmer County CO DEC 1 2021
C0MMUNT’DEVELOPMENT
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT is made this tJlday of_____________
2021,by and between Gene A.Bamett and Janice G.Bamett,(“Grantor”),and the TOWN OF
ESTES PARK,COLORADO,a Colorado municipal corporation (“Town”).
WITNESSETH:
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.
The easement hereby granted,situated in Larimer County,Colorado,is described as
follows:
Exhibit A and Exhibit B—Easement Description AND Granting Property Legal Description
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.
IN WITNESS WHEREOF,Grantor has executed this Grant of Utility Easement the day
and year first above written.
GRANTOR:
By:
Janice G.Bamett
Print Name:Jcm
Title:_____________________________
State of (o)cro.dv )
)ssCountyofOUJcLQ..L_)
The foregoing instrument was acknowledged before me by i1ie..
as of Grantor,this day of AfoVf vvl be r
202 1.
Witness my hand and official Seal.My commission expires:I iJ()2 c’2 —.
AMY L.BENNETT
NOTARY PLJL3UC
STATE OF COLORADO
NOTARY ID 20104045657
MY COM,’C ‘3ER 6,2023
Notary Public
TOWN OF E$TES PARK:
By:
Print Name:L
Title:
GRANTOR:
By7---E 7/
Gene A.Bameft
Print Name:,4 2y-t
77L
Title:__________________________
Stateof t!,iora.d4))
)
County of )uLLc—)
The foregoing instrument was acknowledged before me by 6er-—ñ-
as of Grantor,this 1-day of yjjA.-’
2021.
Witness my hand and official Seal.My commission expires:14 )z z-5--
STATOFCOL0RAOO
NOTARY ID 20194045057
MY COMMISSION EXPiR uE .BER 6,2023
Notary Public
Rev.1-2021
TOWN OF ESTES PARK:
By:S1J/1—
Print Name:
Title:
BARNET PROPERTY
RECEPTION #1995058695
PROPOSED N42o8’54E 20.68’UTILITY
EASEMENT
N23’34’49”E 15.49’
‘12”W 199.56
z
0
0
N=—20 WIDE
PROPOSED
UTILITY
EASEMENT
WONDERVIEW
CONDO’S
PROPERTY
S21’25’35”E 15.49’-
ALLEN PROPERTY
LOT 15 WOODLAND V
VGHTS AMENDED
S6659’Q;E 15.49’
NO CAP
(TRACT 2
POWELL B.L.A.)
VAN HORN ENGINEERING
1043 Fish Creek Road —Estes Pork,CO 80517
Phone:(970)586—9388 eMail:vheairbits.com
LOCATED IN THE SOUTHEAST Y4 OF SECTION
EXHIBIT A
THREE UTILITY EASEMENTS FOR THE BENEFIT OF TRACT 2 OF THE POWELL BOUNDARY
LINE ADJUSTMENT
27,TOWNSHIP 5N,RANGE 73W OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF
COLORADO
FOUND PROPERTY
CORN ER
#26974
(N8925’49”E’)
/
)
/
4/.
WONDERWEW
CONDO’S
PROPERTY p.)
/
#26974
(‘4
0
0
0
0
LEGEND
0 UTILITY POLE
G TREES
0
z
0
0
(‘1
(‘4
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(11
FOUND MONUMENTATION
00.00 MEASURED OR CALCULATED DIMENSIONS
(00.00)PLAiTED OR DEEDED DIMENSIONS
EASEMENT AREAS:
WONDERV1EW CONDO EASEMENT =
BARNEIT EASEMENT 352 S.F.
ALLEN EASEMENT =286 S.F.
9,636 S.F.
SCALE
1 “=50’
FALLEN TREE.%.&-•
“REBAR
EXHIBIT B
THREE UTILITY EASEMENTS 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 GRANTOR’S PROPERTY (BARNETT)
LEGAL DESCRIPTION (TAKEN FROM RECEPTION #19950056695)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHIP 5N,RANGE 73W OF THE 6TH
P.M.DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID NW 4 OF THE SE 4 OF SECTION 27;THENCE S
8954’w (WEST ON OLD DESCRIPTION)A DISTANCE OF 200.0 FEET,THENCE NO116’W (NORTH ON OLD DESCRIPTION)A DISTANCE
OF 300.0 FEET;THENCE N 86’52’E A DISTANCE OF 199.5 FEET;THENCE S O1’21’W A DISTANCE OF 310.6 FEET TO THE POINT OF
BEGINNING.TOGETHER WITH A 20 FOOT EASEMENT FOR INGRESS AND EGRESS AS MORE PARTICULARLY DESCRIBED IN DEED
RECORDED FEBRUARY 7,1963 IN BOOK 1197 AT PAGE 125,COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION OF EASEMENT (BARNETT)
COMMENCING AT THE SE 16TH CORNER OF SECTION 27;N 8844’12”W 20.00’ALONG THE SOUTH LINE OF THE NW 4 OF THE SE 4 OF
SAID SECTION;THENCE N 23’34’39”E 15.49’;THENCE N 42’O8’54”E 20.68 FEET TO THE EAST LINE OF THE SAID QUARTER SECTION;
THENCE ALONG SAID QUARTER SECTION LINE S 0’06’47”W 29.98’TO THE TRUE POINT OF BEGINNING.TOTAL EASEMENT AREA IS ±352
S.F.
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY (ALLEN)
LEGAL DESCRIPTION (TAKEN VERBATIM FROM INSTRUMENT #20070043312)
LOT NO.FIFTEEN (15)OF AMENDED PLAT OF WOODLAND HEIGHTS,BEING A PART OF SECTION TWENTY—SEVEN (27),TOWNSHIP 5 NORTH,
RANGE 73 WEST OF THE 6TH P.M.ALSO KNOWN AS:630 TANAGER ROAD,ESTES PARK,CO 80517
LEGAL DESCRIPTION OF EASEMENT (ALLEN)
COMMENCING AT THE SE 16TH CORNER OF SECTION 27;THENCE S O14’13”W 20.00’ALONG THE EAST LINE OF THE SW 4 OF THE SE 4OFSECTION27;THENCE N 6659’Ol”W 15.49’;THENCE N 2125’35”W 15.49’TO THE NORTH LINE OF SAID QUARTER SECTION;THENCE
ALONG SAID NORTH LINE S88’44’12”E 20.00’TO THE TRUE POINT OF BEGINNING.TOTAL AREA OF EASEMENT IS 286 SF.
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY (WONDERVIEW CONDOS)
WONDERVIEW CONDOMINIUM PL4T (GCE AREA)AS SHOWN ON THE PLAT RECORDED AT RECEPTION NO.200004848408,LOCATED IN THE NE
4 OF SECTION 27,T5N,R73W OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO
LEGAL DESCRIPTION OF EASEMENT (WONDERVIEW CONDOS)
COMMENCING AT THE SE 16TH CORNER OF SECTION 27 THENCE ALONG THE WEST LINE OF THE NE 4 OF THE SE 4 OF SECTION 27 N
OO8’47”E 310.45’TO THE NE CORNER OF RECEPTION NO.19950058695;THENCE N 2932’27”W 42.09’;THENCE N 23’O5’OO”E
87.61’;THENCE N O’13’39”W 42.02’ALONG THE WEST LINE OF THE SUBJECT PROPERTY;THENCE N 8925’49”E 20.00’ALONG THE
NORTH LINE OF THE SUBJECT PROPERTY’THENCE PARALLEL TO THE WEST LINE OF SAID EASEMENT THE FOLLOWING FOUR (4)BEARINGS
AND DISTANCES:S O’13’39”E 46.15’;THENCE S 23’O5’OO”W 81.85’;THENCE S 2932’27”E 37.7O THENCE PARALLEL TO SAID WEST
LINE OF THE QUARTER SECTION S O’O8’47”W 316.18’THE SOUTH LINE OF THE QUARTER SECTION;THENCE N 88’3844”W 20.00’TO THE
POINT OF BEGINNING.TOTAL AREA OF THE EASEMENT IS ±9,636 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 T SECTION LINE.
3.ALL EASEMENTS ARE SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS OF WAY OF RECORD,LARIMER COUNTY.
4.THE STRUCTURES SHOWN ON THE ADJACENT PROPERTY ARE FROM AN AERIAL OVERLAY AND APPROXIMATE.THE EXCEPTION IS
THE SOUTHMOST STRUCTURE WHICH WAS SURVEY LOCATED.
5.THERE ARE TREES SHOWN NEAR THE NORTHWEST CORNER OF THE SUBJECT PROPERTY SO THAT THE BURIED ELECTIC LINE CAN
BE PLACED WITHOUT REMOVING ANY TREES.THE LARGE TREE LYING FLAT AND LABELED,“FALLEN TREE”WILL HAVE TO BE
PARTIALLY REMOVED FOR THE PROPOSED UTILITY TO BE PLACED.
6.THE BASIS OF BEARINGS FOR THESE EASEMENTS 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 8839’44”W.
1/
DRAWN DATE VAN HORN ENGINEERING SCALE PROJ.NO.
1043 Fish Creek Road —Estee Park,CO 80517
MGN/LAS 11/15/2021 Phone:(970)586—9388 eMail:vhe@oirbits.com NA 2020—09—11