HomeMy WebLinkAboutUTILITY EASEMENT - Lot 28, Charles Heights Subdivision - 2009GRANT OF A WATERLINE UTILITY EASEMENT ACROSS LOT 28, CHARLES HEIGHTS SUBDIVISION TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO FOR VALUABLE CONSIDERATION, the receipt and sufficiency whereof is acknowledged, Gary W. Johnson and Marilyn Johnson, Owners of Lot 28, Charles Heights Subdivision, Town of Estes Park, hereinafter referred to as GRANTO RS, do hereby grant unto the Town of Estes Park, hereinafter referred to as GRANTEE, a 1 O' wide easement for a water main with the right to construct, maintain, inspect, operate, repair, replace and remove such water main. Said easement is described on EXHIBIT "A" attached hereto. The GRANTORS hereby warrant that they are the owners in fee simple of said property. GRANTORS hereby grant unto GRANTEE the right of access to said easement on and over the property. The following conditions to the use of this easement are as follows: 1) The easement shall be 10 feet in width. 2) Upon completion of construction of a waterline and all the necessary connections, and/or repair or maintenance work on the water main, the GRANTEE shall restore the property to substantially the same condition as existed prior to such work. 3) GRANTORS reserve the right to use and enjoy the property so long as such use and enjoyment does not interfere with the rights herein granted to the GRANTEE. GRANTORS specifically agree not to build, create, or construct any obstructions or structures over or within said easemen~ plant trees or impound any water thereon, and not to permit the same to be done by others, without the written consent of the GRANTEE. 4) The terms, conditions, and provisions of this easement grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, THE GRANTORS have executed this easement grant this ] .\=n day of J g.naa..r'i , ~ "Z.001.. GRANTOR ~ PLEASE RETURN TO THE j TOWN OF ESTES PARK; ATTN: TOWN CLERK'S OFFICE P.O. BOX 1200 ESTES PARK, CO 80517 GRANTOR ~~ Marilyn Jolffison v RECEPTION#: 20090009278, 02/18/2009 at 08:15:09 AM, 1 OF 3, R $16.00 TD Pgs: 0 Scott Doyle, Larimer County, CO
STATE OF COLORADO COUNTY OF LARIMER } } SS. } 1009 The foregoing instrument was acknowledged before me this 1.\h day of Janua.c~ ·-™by Gary W. Johnson and Marilyn Johnson_ tt:'R~,,,~ ······ o...,_ ···.·~ ··~~ ~ ..... . o~ ·"'~ ... '·. \ • I I _. I: ~ : -. . i \~\ ~UB\..'G /~J ,..,~. ..····~1 ~ ... Iii' o··· ........ o~ ,..~ ~,,. f:C~ ,_ .. ,,,,,,.,11 .. ~ Witness my hand and official seal. My commission expires: My Commission Expires 1/29/2012 v Lt~ 12. 12_1 Notary Pu~lic
? EXHIBIT A UTILllY EASEMENT ACROSS LOT 28 CHARLES HEIGHTS SUBDIVISION, ~ ~ 0 0 ~ N ~ SCALE z 1" = 30' rri ,,--.... GJ ;o ~ rT1 I ..._,,, TOWN OF ESTES PARK, COLORADO LOT 23 -IJ) 0 -"'; tv ""· 0 q [Tl ~ .... m i-.l o_ .._, LOT 28 LINE L1 L2 ~Q\~ "\~u~~G\~~\~G Qt ~~ EASEMENT LINE TABLE LENGTH BEARING 9.58 S06'35'00"E 156.28 S69'27'01 "W LB GE ND --w-WATER LINE (MAIN) 0 WATER VAi.VE 0 FOUND MONUMENTATION 00.00 MEASURED DIMENSIONS (00.00) PLATIED DIMENSIONS (S89' 1 B'OO"W 158.00') 'Lil 0 01 VI ~ 0 0 • I""\ ~ (J1 ~ 0 ....;; ~ A 10' WATER MAIN EASEMENT ON, OVER AND ACROSS LOT 28 CHARLES HEIGHTS SUBDIVISION, TO THE TOWN OF ESTES PARK, FOR lHE BENEFIT OF lHE TOWN OF ESlES PARK, lHE CENlERLJNE OF WHICH IS DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF LOT 28 TO BEAR S 78'2B'OOnW, BEING MONUMENTED ON EACH END BY A #8 REBAR WITH NO CAP. WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE NORlHEAST CORNER OF SAID LOT 28; lHENCE S06'35'oo·E ALONG THE EAST LINE OF LOT 28 A DISTANCE OF 9.58' TO THE 1RUE POINT OF BEGINNING'; lHENCE S69'27'01"W A DISTANCE OF 156.28' TO THE WESTERN PROPERTY LINE AND THE END OF SAID EASEMENT. SAID EASEMENT IS TO BE 5' ON EITHER SIDE OF lHE ABOVE DESCRIBED CENTERLINE. SIDE LINES OF SAID EASEMENT ARE TO BE EXTENDED OR SHORTENED SO TO TERMINATE AT THE WEST AND EAST SIDE LINES OF THE SUBJECT LOT LINES. SAID EASEMENT CONTAINS 1,563 S.F. MORE OR LESS AND IS SU8.£CT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD. LARIMER COUNTY, COLORADO. DRAWN I DATE TWB I 12-30-2008 VAN--HORN ENGINEERING 1043 Fish Creek Road -Estes Park, CO 80517 Phone: (970) 586-9388_... Fox: (970) 58"-SCALE I PROJ. NO. 1" = 30' 12006-09-23