HomeMy WebLinkAboutEASEMENT Reception 20220062910, Permanent Utility, Metes and Bounds, 3536000006RECEPTION #20220062910, 10/20/2022 11:23:53 AM,
1 of 6, $38.00
Angela Myers, Clerk & Recorder, Larimer County, CO
PERMANENT UTILITY EASEMENT
THIS PERMANENT UTILITY EASEMENT is made this day of
)c- , 202 '7, by and between Heron, LLC ("Grantor"), whose address is 631
Meeker Drive, P.O. Box 473 Estes Park, Colorado 80517, and the TOWN OF ESTES PARK,
COLORADO, a Colorado munioipal corporation ("Town").
WITNESSETH:
FOR 1r'; )(), AND NO\ 100s DOLLARS ($ &LViJh1j1 and other good
and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor
has this day bargained, sold, granted, conveyed, transferred, and delivered unto the Town, its
successors, and assigns, in perpetuity, a non-exclusive easement subject to the title exceptions
described below, in, over, under, through, and across the real property described below for
purposes of constructing, installing, repairing, replacing, relocating, inspecting, operating,
maintaining, using and accessing Town's water utility facilities across, through, upon, over and
under the real property described below. The term "Town's water utility facilities," as used
herein, shall include an access road, and 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,
communications, and stormwater systems that are used for the operation of the Town's water
utility facilities,
Pursuant to this easement, Grantor is prohibited from constructing or placing on any part
of the easement without prior written approval from the Town any fence or gate, building, above
or below ground utility systems, appurtenances, trees, shrubs or vegetation, or any other
permanent or substantial structure. The Town shall be permitted to immediately remove without
liability for damages any obstruction prohibited by this easement that interferes with the Town's
water utility facilities or impairs the Town's full free use and exercise of the easement.
Grantor further grants and conveys to the Town the right to enter upon the Permanent
Easement Area described below, and to survey, construct, maintain, operate, control and use said
water utility facilities and to remove any objects interfering therewith, including reestablishing
drainage contours, trimming and removal of bushes, trees and other vegetation. The Grantor
reserves the right to cultivate, use and occupy said premises for any purpose consistent with the
rights and privileges above granted.
The easement hereby granted, situated in Larimer County, Colorado, is described as
follows:
Exhibit A— (Permanent Easement Area), attached hereto and incorporated herein.
TO HAVE AND TO HOLD said easement unto the Town, its successors, and assigns
forever, subject to those title exceptions of record listed on the attached Exhibit B to the extent
that these items implicate the easement granted hereby.
IN WITNESS WHEREOF, Grantor has executed this Permanent Utility Easement the
day and year first above written.
GRANTOR: HERON, LLC
Es?
Signaturd
"VC V /11,
Print name
Authorized agent of Heron, LLC
STATE OF ker... fi?.42,(iro
COUNTY OF Ev-.4411(e)
) ss
The foregoing instrument was acknowledged before me this day of \.)
202?-, byP47 J7.5-1/770,--- as authorized manager and/or member of Heron, LLC as
Grantor.
Witness my hand and official seal.
STATE OF NEW MEXICO
NOTARY PUBLIC
Rodolfo Apolonio
Commission No. 1097775
April 28, 2023
GRANTEE: Town of Estes Park
By:
My Commission ex res: Av/,' 91:2.7
Notary
,
Title: '
ATTEST!"",,,,
Clerk
Exhibit A
(Permanent Easement Area)
EXHIBIT A
(1 OR 2)
PROPERTY DESCRIPTION
PE
A strip of land, Seventy (70) feet in width and lying in a generally East-West direction, being part
of the Northwest Quarter (NW1/4) of Section Thirty-six (36), Township Five North (T.5N.), Range
Seventy-three West (R.73W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State
of Colorado, and being more particularly described as follows:
That portion of the Northwest Quarter (NW 1/4) of said Section 36 being Seventy (70) feet in width
and lying North of and abutting the North line of Lot 38 and the West Twenty (20) feet of the
North line of Lot 39, Replat of a Portion of Venner Ranch Estates (2nd), recorded June 26, 1969 as
Reception No. 966226 of the records of the Larimer County Clerk and Recorder and lying East of
and abutting the East line of that area shown as "Reserved for Roadway Prospect Mountain Drive"
on the plat of said Replat of a Portion of Venner Ranch Estates (2nd).
The sidelines of said strip of land shall be shortened or lengthened so as to terminate on the East
line of said area shown as "Reserved for Roadway Prospect Mountain Drive" at the west end and
on a line being Twenty (20) feet, as measured at a right angle, East of and parallel with the
Northerly extension of the East line of said Lot 38 at the east end.
Said described strip of land contains 20,797 sq. ft. or 0.477 acre, more or less (±), and may be
subject to any rights -of -way or other easements of record or as now existing on said described strip
of land.
SURVEYORS STATEMENT
I, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking and that it is true
and correct to the best of my knowledge and belief.
Michael Chad Dilka - on behalf of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN:20190750
X:\20190750\PROPERTY DESCRIPTIONS\HERON-PE-Rl.docx
2/19/2021 9:38 AM
PROPERTY DEPICTION
EXHIBIT A (2 OF 2)
NW1/4, SEC. 36, T5N, R73W
FOUND
#4 REBAR
W/YELLOW
PLASTIC CAP
PLS 6779
60
30
0
iD
AREA WESERI,EO FOR ROAOIYAY"
PROSPECT YOUNTA/N OR/le
SHORN ON REPLAT OF A PORT/ON OF
kEAWER RANCH ESTATES (2NO,1
REC. NO. 966226
7
IJERONLLC
(REC. NO.20005786Yj
LARIMER COUNT Y
PARCBL NO.3S36 '
S89'25'31"E 303.17'
271.02'
PERMANENT
EASEMENT
20,797 SQ. FT.
0.477 ACRE
20.00'
N
b
0
y
SCALE IN FEET
SCALE: 1"=60'
FOUND
#4 REBAR
NO CAP
\
\
N89'25'31"W 291.02'
20' UT/L/TY EASEMENT
FROM REPLAT OF A PORTION OF
UENNER RANCH ESTATES 2NO F/L/NC
REG NO. 966226
HERONLLC
LOT38
REPLATOFAFOR77ONOF
TOMERRANCTICcSTXMr:2NR)
(REC NO966226)
8
R
FOUND
#4 REBAR W/
YELLOW
PLASTIC CAP
PLS 6489
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
NOTE: This exhibit drawing Is not intended to be o monumentolized land survey. Its sole purpose Is as a graphic
representotion to old in the visualization of the written property description which it accompanies. The written
property description supersedes the exhibit drawing.
KING SURVEYORS
650 E. Garden Drive I Windsor, Colorado 80550
phone: (970) 686-5011 I fax: (970) 686-5821
email: contact@KingSurveyors,com
PROJECT NO:20190750
DATE:2/19/2021
CLIENT: JVA INC.
DWG: HERON—ESMT—R1
DRAWN: SMF CHECKED: MCD
Exhibit B
(title exceptions)
7. All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil,
gas and other like substances in or under the Land, the rights of' ingress and egress for the purpose of
mining, together with enough of the surface of the same as may be necessary for the proper and
convenient working of such minerals and substances, as reserved in the Patent
From: State of Colorado
Recording Date: March 10, 1958
Recording No.: Book 1063 at Page 1.
8. Terms, conditions, provisions, agreements and obligations contained in the Right of Way No. 1033, Book
No, 10 as set forth below:
Recording Date: January 26, 1952
Recording No,: Book 925 at Page 326.
9. Terms, conditions, provisions, agreements and obligations contained in the Easement as set forth below:
Recording Date: March 19, 1955
Recording No.: Book 990 at Page 65,
10, Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: John C. Jones and Mary E. Jones
Purpose: Roadway
Recording Date: August 22, 1968
Recording No: Book 1391 at Page 938.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Koral Heights Water Company
Purpose: Water pipe line or pipe lines
Recording Date: August 22, 1968
Recording No: Book 1391 at Page 942.
13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Gordon M. Pedersen and Marilyn J. Pedersen
Purpose: Ingress and egress
Recording Date: November 14, 1996
Recording No: 96081779.
16. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Land Lease
Agreement as set forth below:
Recording Date: August 10, 2010
Recording No.: 20100046242,
And
Re -Recording Date: February 21, 2012
Re -Recording No: 20120011159.
17. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Lease as set
forth below:
Recording Date: September 3, 2010
Recording No.: 20100052120.
and
Re -Recording Date: February 21, 2012
Re -Recording No: 20120011158.
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