HomeMy WebLinkAboutEASEMENT Reception 20220025055 Grant of Utility VariousRECEPTION #20220025055,4119/2022 2:06:39 PM,
1 off,$43.00
Angela Myers,Clerk &Recorder,Lanmer County,CO
GRANT OF UTILITY EASEMENT
THIS GRANT Of UTILITY EASEMENT is made this 7 ‘day of bctq?E.
2021,by and between 5Ct+€i22 7AA (UI T7ete 57 (“Grantor”),whose address
is 7P 77?o’,and the TOWN Of ESTES PARK,
COLORADO,a Colorado municipal corporation (“Town”).
WIThESSETh:
FOR GOOD AND VALUABLE CONSIDERATION,the adequacy and receipt of which
is hereby acknowledged,Grantor has this day bargained,sold,conveyed,Iransferred,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
Exhibit B —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 sourceofthelanguageinquestion.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 thfrd person not a party hereto.
Any person other than the Grantee or the Grantor receiving services or benefits under this GrantofUtilityEasementshallbeonlyanincidentalbeneficiary.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.GTOR____
Print Name:
Title:
______________________________
State of )
)ss
County of______)
The foregoing instrument was acknowledaed.bSore me by POI241 -,as
___________________of
Grantor,this_‘Hllday of I)gIQIAJI).KRL.ENGELbKEUHT
STATE OF COLORADOWitnessmyhandandofficialSeal.My commission expires:
____
NOTARY ID 20054019027
N,PblicO
EXPIRES 0511112025
Rev.1-2011
TOWN Of ESTES PARK:
By:cC
PñntName:‘
Title:1 i
Rev.1-2021
FOUND AC 12149
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(00.00)
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P.OJ.
LEGEND
FOUND MONUMENTA1ION
MEASURED DIMENSIONS
DEEDED DIMENSIONS
U11UW POLE
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
POINT OF TERMINUS
PROPERTY LINE
EASEMENT CENTER LINE
EASEMENT EDGE
EXHIBILA
UTILITY EASEMENT EXHIBIT
///
P
EXISTING
GRAVEL —
DRIVE
S7721’21”W
SCALE
n
1 —150
CR:426.00’:28’12’26”
CH:SO8’O7’47E 207.61’)
7fS2T14’oO”E 21.05’)
(R:1984.86’&OO’34’21
CH:SO3’48’35”W 19.83’)
/fR:142.00’&45’0O’34
‘CH:S015716”W 108.70,
I
TRACT 2 (10.62 AC)
_
EXISTING OVERHEAD
U11UTY LINE
(s12’38’orE 81.34’)
FOUND PC
#9485
FUTURE DR
P.O.C.
fs6950’39”W 580.08’)
C
FOUND NM\/
IN ROCK
FOUND 3”AL CAP j2149
EAST 1/16 CORNER.S.22 &S.27
EASEMENT LEGAL DESCRIPTION:
I.THIS EASEMENT EXHIBIT IS REPRESENTATIONAL ONLY.FURThER,THIS EXHIBIT ISNOTTOBECONSTRUEDASALANDSURVEYPLATNORANIMPROVEMENTSURVEY
P1.AT AND IS ONLY TO BE USED FOR EXHIBITiON OF THE EASEMENT DESCRIBED
HEREON.
2.THIS EASEMENT EXHIBIT IS PRIMARILY BASED OFF OF PREVIOUS WORK
PERFORMED FOR THE SUBJECT PROPERTY BY THIS OFFICE AS PART OF A SITE PLAN.
A20 WIDE UTIUTY EASEMENT.10’EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.OVER A
PORTION OF THAT PROPERlY DESCRIBED IN WARRANTY DEED RECORDED 11/03/1998 AT RECEPTION
NO.19980096348 (PARCEL NO.3422000030),COUNTY OF LARIMER AND STATE OF COLORADO;THE
CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTHERLY LINE OF THE ABOVE REFERENCED PARCEL AS BEARING SOUTH8r50’39”WEST AND WITH ALL BEARINGS CONTAINED HEREIN BEING RELjT1VE THERETO.
COMMENCING AT A POINT ON THE SOUTH LINE OF THE ABOVE REFERENCED PROPERTY,BEING THE
EAST 1/16 BETWEEN SECTIONS 22 AND 27,FROM WHENCE THE SOUTHERNMOST CORNER OF SAID
PROPERTY,AS MONUMENTED BY A NAIL IN A ROCK OUTCROP.BEARS SOUTH 44’49’26 WEST282.83’;THENCE NORTh 2733’5I EAST A DISTANCE OF 268.78’MORE OR LESS TO A UTILITY POLE
AND ThE TRUE POINT OF BEGINNING;THENCE SOUTH 7T21’21”WEST A DISTANCE OF 90.37’;
THENCE SOUTh 8T53’13”WEST A DISTANCE OF 144.00’TO THE POINT OF TERMINUS.SAIDEASEMENTCONTAINING4,687 SQUARE FEET,MORE OR LESS,AND BEING SUBJECT TO ALL OTHEREASEMENTSANDRIGHTS—OF—WAY OF RECORD.
tLQI(NIE A.SHELDON
L-CO PE.&LS.#26974
DRAWN I DATEf rim rrr rr—I I 1043 Fish Creek Rood —Estei Pork,CO 80517JAW110/27/2021 I Phone:(970)586—9388 eMail:vheairbits.com f15O’12003—09—161
/
STATEMENT OF AUTHORITY
1.This Statement of Authority relates to an entity named the Schorr family Trust,and is executed on
behalf of the entity pursuant to the provisions of Section 38-30-172,C.R.S.
2.Thetypeofentityisa:
0 corporation Q registered limited liability partnership
nonprofit corporation registered limited liability limited partnershipt]limited liability company limited partnership association
U general partnership [}government or governmental subdivision or agencyUlimitedpartnershiptrustflother:
3.The entity is formed under the ]aws of:Colorado
4.The mailing address for the entity is;P0 Box 892,Estes Park.CO $0517
5.The name or position of the person(s)authorized to execute instruments conveying,encumbering,or
otherwise affecting title to real property on behalf of the entity is;
Robert C.$chorr and Nancy M.Schorr.
6.The authority of the foregoing person(s)to bind the entity is not limited U limited as follows:
7.Other matters concerning the manner in which the entity deals with interests in real property:
None.
Executed this 22m1 day of November,2021.
ROBERT C.NANCY M.CHORR
STATE OF COLORADO )
)
COU1iTY OF LARIMER )
The foregoing instrument was acknowledged before me this 22 Lit day of 2021,by
Robert C.Schorr and Nancy M.Schorr.
Witness my hand and official seal.
Myco niisionexnires:
KRISTY L.ENGELBRECjj
NOTARY PUBLIC
STATE OF COLORA)O
NOTARY ID 20054019027No.1112.Rev.12-19.STATEMENT Of AUTHORITY MY COMRISS1ON EXPIRES 0511112025 ]
CERTIFICATION OF TRUST
(Colorado Uniform Trust Code,Section 15-5-1013,C.R.S.)
We,ROBERT C.SCHORR and NANCY M.SCHORR,certify under penalty of perjury that
we are currently acting as co-trustees of the Schorr Family Trust (the “Trust’,and that:
1)The Trust was executed by Robert C.Schorr and Nancy M.Schorr as grantors and co-trustees,
on October 2,2020.The name of the Trust,and the name in which title to trust property may
be taken,is as follows:
Schorr Family Trust
2)The Trust is a revocable trust and its taxpayer idendcadon number is the Social Security
number of either Robert C.Schorr or Nancy M.Schorr,the grantors of the Trust.
3)The co-trustees’mailing address is:Robert C.Schorr and Nancy M.Schorr.P0 Box 892.
Estes Park CO 80517
4)The Trust has not been revoked,modified,or amended in any manner that would cause the
representations contained in the certification of trust to be incorrect The following persons
hold powers to revoke,modify,or amend the thist:
Robert C.Scion and Nancy M.Schorr
5)The powers of the trustee in the pending transaction are;
All powers under the Colorado fiduciaries Powers Act
6)The authority of the co-trustees to sign on behalf of the Trust is D not limited or limited as
follows:
When more than ooe trustee is acting.the consent of both is required to take action on behalf
of the trust.Any co-trustee may delegateto any other co-trustee the exercise of any powers.and
anyone dealing with the trustee shall be absolutely protected in relying upon a written statement
of a co-trustee as to the fact and extent of such delegation.
7)Excerpts from the Trust instrument that establish the trust,designate the trustee,and set forth
the powers of the trustee will be provided upon request.
Page 1 of 2
8)This Certification of Trust is executed by the trustee pursuant to the provisions of Section 15-
5-1013,C.RS.
Executed:November 22,2021
-__________
________
Robert C.Schr)Nancy M.S horr
STATE OF COLORADO )
)
COUNTY OF LARIMER )
This Certification of Trust was acknowledged before me this ),‘cday of Ah4jsJJe1P-
2021,by Robert C.Schorr and Nancy M.Schorr as co-trustees.
Witness my hand and official seal.
My Commission expires:
—KRISTYL.ENGELBRECHT
c
SIATh OF COLORADO 41
NOTARY ID 20054019027 Notary blic
MY COMMISSION EXPIRES O5i11I2O3
Notice to Third Parties:Colorado law provides in part as follows:
C.R.S.Sec.15-5-1013(4):A certification of trust need not contain the thspositive terms of a trust.
C.R.S.Sec.15-5-1013(5):A recipient of a certification of trust may require the trustee to furnish copies
of those excerpts from the original trust instrument and later amendments that designate the trustee and
confer upon the trustee the power to act in the pending transaction.
C.R.S.Sec.15-5-1013(6):A person who acts in reliance upon a certification of trust without knowledge
that the representations contained therein are incorrect is not liable to any person for so acting and may
assume without inquiry the existence of the facts contained in the certification.Knowledge of the terms
of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is
held by the person relying upon the certification.
C.R.S.Sec.15-5-1013(7):A person who in good faith enters into a transaction in reliance upon a
certification of trust may enforce the transaction against the trust property as if the representations
contained in the certification were correct.
CR.S.Sec.15-5-1013(8):A person maldng a demand for the trust instrument in addition to a
certification of trust or excerpts is liable for costs,expenses,attorney fees,and damages if the
court determines that the person did not act in good faith in demanding the trust instrument.
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