HomeMy WebLinkAboutEASEMENT Reception 20210048299, Grant of Utility, 2531319008RECEPTION #20210048299 5/14/2021 44428 PM1off,$43.00
Angela Myers,Clerk &Recorde,Lanmer County CO
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT is made this I day of_____________
2020,by and between Christopher James Shotts and Anita Gayle Shotts (“Grantor”),whose
address is 1523 Vista View Lane,Estes Park,Colorado 80517,and the TOWN OF ESTES
PARK,COLORADO,a Colorado municipal corporation (“Town”).
WITNES SETH:
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,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 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
not owned or maintained by the Town,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 access to the Town-owned utility
systems or impairs the Town’s full free use and exercise of the easement.
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.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 —Easement Description with Exhibit
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.
Rev.1-2019
fl’J WITNESS WHEREOF,Grantor has executed this Grant of Utility Easement the day
and year first above written.
GRANT her Ja’s Shotts
By:
________
Print Name:I SW5
Title:
____________________________
State of Co\oc-o..äo )
)
County of Lckr c-’c )
Acknowledged before me this day of ,2010
by Christopher James Shotts,Grantor.
Witness my hand and seal.My commission expires:1lOZ.
LY1 WYOEPublRYPUL1Ce’tr o cooDO
NOIARY 1020164035593
OMiSON EXPIRES 5EPTEER i4,O2O
GRANTOR ita Gavle Shotts
By:
____________
Print Name:5h
Title:
_____________________________
Stateof COOcAAo )
)
Countyof Lo’rc )
Acknowledged before me this day of Aoo ,2010
by Anita Gayle Shotts,Grantor.
Witness my hand and seal.My commission expires:2.02.0
1 (SEiALYi Y’i
1 :C’TARY PUEUC
I oF coLojI’O
NYtARY 1D201 64O35S93
OMS!SSDN EXPIRES SEPTEMBER 14,2020
Rev.1-2019
TOWN OF ESTES PARK:
By:
______
Pnt Name:
Title:L1)Cr,0(
Rev.1-2019
Page 1 of2
CONVEYANCE OF TEMPORARY EASEMENT
POTABLE WATER LINE
This Easement is granted in exchange for other good and valuable consideration to the Town of
Estes Park,Colorado (“Town”)its successors and assigns,by Christopher James Shotts and Anita
Gayle Shotts (“Owner”),including the purposes and upon the conditions stated below.
WITNESSETH:
1.Description of Easement.The easement granted by these presents includes all
that property described Exhibit A,Parcels TCE
2.
2.Term of Easement.The easement shall commence no sooner than ten days afier
the Owner (s)receives notice of the Town’s intention to occupy the temporary easement (s)and
shall terminate no later than December 31,2024.
3.Purpose of Easement.For construction of a potable water main pipeline
4.Restoration.At the conclusion of the project,the Town agrees to grade and
restore areas disturbed by the construction activities within the easement area and reseed with a
seed mix that is appropriate for the area.
5.Warranty.The Owner warrants that they are the owners in fee simple of the
easement premises and will defend title thereto against all claims adverse to this easement.
6.Reservation of Rights.The Owners reserves all rights in and to the subject
property including the right of possession and use except for any use that may impede the
Town’s rights to construct the water lines set forth herein.During the term of this easement,the
Owners agrees not to alter the ground contours within the easement without permission of the
Town.
SIGNATURE &NOTARY BLOCK ON NEXT PAGE
o
DATED this \day of A0àO6f ,2020.
OWNERS:Christopher James Shotts and Anita Gayle Shotts
By:/%tt Title:Owner
Title:Owner
STATE Of COOLk-JO )
)ss.
COUI’TYOF L-)
The foregoing Conveyance of Temporary Easement was acknowledged before me this
day of Aok ,20 10 ,by Christopher James
Shotts and Anita Gayle Shotts.
Notary Public
My commission expires:9 2-O’lO
______________________
Page 2 of 2
L
Li’r
1OTARY PULLICSTP2OCOLoRADONOIARyID20184035593
MYCO91MI35QN EXPRE3 SEPTEMER 74,2020
TOWN OF ESTES PARK,COLORADO
By:
a
PE
EXHIBIT A
(1 0F2)
PROPERTY DESCRIPTION
A strip of land,Twenty (20)feet in width,being part of Lot 8,Block 2,Koral Heights,recorded August 26,1965 asReceptionNo.$98608 of the records of the Larimer County Clerk and Recorder,located in the Southwest Quarter(SW1/4)of Section Thirty-one (31),Township five North (T.5N.),Range Seventy-two West (R.72W.)of the SixthPrincipalMeridian(6th P.M.),County of Larimer,State of Colorado,the centerline of said strip of land being moreparticularlydescribedasfollows:
COMMENCING at the Southwest corner of said LotS and assuming a portion of the South line of said LotS,beingmonumentalizedbya#3 rebar at the West end and by a #4 rebar with a yellow plastic cap stamped “PLS 532”at theEastend,as bearing South 88°52’32”East,being a Grid Bearing of the Colorado State Plane Coordinate System,NorthZone,North American Datum 1983/2011,a distance of 270.94 feet,with all other bearings contained herein relativethereto:
THENCE North 0107’0 I”East along the West line of said Lot 8 a distance of 10.00 feet to a point being Ten (10)feet,as measured at a right angle,North of the South line of said Lot 8,said point being the POINT Of BEGINNINGofsaidcenterline;
THENCE South $8°52’32”East along a line being Ten (10)feet,as measured at a right angle,North of and parallelwiththeSouthlineofsaidLot8adistanceof187.14 feet;
THENCE North 45°00’OO”East a distance of 119.81 feet to the West line of a power line easement,also being theWestlineofthatstripoflandreservedforstreetandlotapproachesasshownonthep1stofsaidKoralHeights,saidpointbeingthePOINTOfTERMINATIONofsaidcenterline,said point bearing South 0040’00”West a distanceof53.64 feet from the intersection of the West line of said power line easement with the North line of said Lot 8,beingmonumentalizedbya#3 rebar.
The sidelines of said strip of land shall be shortened or lengthened so as to result in continuous lines through anglepointsandsoastoterminateontheWestlineofsaidLot8nearthepointofbeginningandontheWestlineofsaidpowerlineeasementnearthepointoftermination.
Said described strip of land contains 6,139 sq.ft.or 0.141 acre,more or less (±),and maybe subject to any rights-of-way or other easements of record or as now existing on said described strip of land.
TCE
Two strips of land,each Ten (10)feet in width,being parts of Lot 6,Block 2,Koral Heights,recorded August 26,1965asReceptionNo.896608 of the records of the Larimer County Clerk and Recorder,located in the Southwest Quarter(SW 1/4)of Section Thirty-one (31),Township Five North (T.5N.),Range Seventy-two West (R.72W.)of the SixthPrincipalMeridian(6th P.M.),County of Larimer,State of Colorado,and being more particularly described as follows:
Those portions of said Lot 8 being Ten (10)feet in width and Northwesterly of and abutting the Easterly segment of theabove-described strip of land,PE and being Ten (10)feet in width and Southeasterly of and abutting the Easterlysegmentabove-described strip of land,PE.
The sidelines of said strips of land shall be shortened or lengthened so as to terminate on the South line of said Lot 8,on the West line of the above-mentioned power line easement and on the Northerly line of the above-described strip ofland,PE.
Said described strips of land contain a total of 2,396 sq.ft.or 0.055 acre,more or less (±),and maybe subject to anyrights-of-way or other easements of record or as now existing on said described strips of land.
SURVEYORS STATEMENT
IN:20190750
I,Michael Chad Dilka,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Descriptionwaspreparedundermypersonalsupervisionandcheckingandthatitistrueandcorrecttothebestofmyknowledgeandbelief.
Colorado Licensed Professional Land Surveyor #36106
KING SURVEYORS,650 East Garden Drive,Windsor,Colorado 80550,(970)686-5011
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