HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/19/2019 - SECOND READING OF ORDINANCE NO. 137, 2019, AUTHORIAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY November 19, 2019
City Council
STAFF
Ken Mannon, Operations Services Director
Bob Adams, Recreation Director
John Duval, Legal
SUBJECT
Second Reading of Ordinance No. 137, 2019, Authorizing the City's Conveyance of Land to Facilitate the
Replatting of the Lot on which the City's Foothills Activity Center is Located.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 5, 2019, approves the exchange of
deeds between the City, the developer of the Foothills Mall and the owner of the Macy’s store in the Mall. This
exchange of deeds is needed to replat the lot on which the City’s Foothills Activity Center (FAC) is now located
to eliminate small encroachments that currently exist between the City’s FAC lot and adjacent properties
owned by the Mall developer and Macy’s. This replatting will remove these encroachments and ensure that the
FAC, as built, is located entirely and correctly within the City’s replatted lot.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 5, 2019 (w/o attachments) (PDF)
2. Ordinance No. 137, 2019 (PDF)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY November 5, 2019
City Council
STAFF
Ken Mannon, Operations Services Director
Bob Adams, Recreation Director
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 137, 2019, Authorizing the City's Conveyance of Land to Facilitate the
Replatting of the Lot on which the City's Foothills Activity Center is Located.
EXECUTIVE SUMMARY
This item approves the exchange of deeds between the City, the developer of the Foothills Mall (the “Mall”) and
the owner of the Macy’s store in the Mall. This exchange of deeds is needed to replat the lot on which the City’s
Foothills Activity Center (the “FAC”) is now located to eliminate small encroachments that currently exist between
the City’s FAC lot and adjacent properties owned by the Mall developer and Macy’s. This replatting will remove
these encroachments and ensure that the FAC, as built, is located entirely and correctly within the City’s replatted
lot.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
As part of the redevelopment of the Mall by its owner Walton Foothills Holdings VI, L.L.C. (“Walton”), Walton and
the City agreed that Walton would construct and then convey the FAC to the City. It was agreed that the FAC
would be built on Lot 20 (“Original Lot 20”) as shown on the existing plat of the Foothills Mall Redevelopment
Subdivision (“Mall Subdivision”).
As the FAC was being constructed, it was discovered that a small portion of the building owned by Macy’s West
Stores, Inc. (“Macy’s”), now existing on Lot 2 of the Mall Subdivision (“Original Lot 2”), encroaches upon Original
Lot 20, so the FAC had to be built to accommodate this encroachment. After the FAC was constructed, it was
discovered that small portions of the FAC, as built, encroach onto Macy’s Original Lot 2 and onto Tract J of the
Mall Subdivision (“Original Tract J”), which is owned by Walton. It was also discovered that portions or the FAC’s
roof overhang over Lot 8 of the Mall Subdivision (“Original Lot 8”), over Lot 1 of the Mall Subdivision (“Original
Lot 1”) and over Original Tract J. Walton also owns Original Lot 1 and Original Lot 8.
A map generally depicting all these encroachments is attached as Exhibit “A” to the Ordinance (collectively, the
“Encroachments”).
When Walton conveyed the FAC to the City in March of 2016, the City and Walton agreed that Walton would
prepare and present for approval through the City’s land-use process a replat of Original Lots 1, 2, 8 and 20 and
a replat of Original Tract J to correct all the Encroachments and ensure that the FAC, as built, is located entirely
and correctly on a replatted Original Lot 20 (“Replatted Lot 20”). Walton is now going through this replatting
process.
ATTACHMENT 1
Agenda Item 10
Item # 10 Page 2
This Ordinance, if adopted, will facilitate this replatting through the approval of two bargain and sale deeds from
the City. The first is the Bargain and Sale Deed attached as Exhibit “B” to the Ordinance by which the City will
convey to Macy’s an approximately 80-square-foot portion of Original Lot 20 to account for Macy’s building’s
existing encroachment on Original Lot 20 (“City to Macy’s Deed”). The second is the Bargain and Sale Deed
attached as Exhibit “C” to the Ordinance by which the City will convey to Walton an approximately 24-square-
foot portion of Original Lot 20 to account for improvements on Original Tract J that now encroach on Original Lot
20 (“City to Walton Deed”).
To further facilitate these replattings, Macy’s will be delivering to the City the Bargain and Sale Deed attached
as Exhibit “D” to the Ordinance by which Macy’s will convey to the City an approximately 18-square-foot portion
of Original Lot 2 to account for a portion of the FAC having been built on Original Lot 2 (“Macy’s to City Deed”).
Walton will also deliver to the City the Bargain and Sale Deed attached as Exhibit “E” to the Ordinance by which
Walton will convey to the City portions of the airspace above Original Lot 1, Original Lot 8 and Original Tract J
to account for the overhangs of the FAC’s roof above these lots and tract (“Walton to City Deed”). These
overhangs are above approximately 469 total square feet of portions of Original Lot 1, Original Lot 8 and Original
Tract J.
Given the insignificant value of the very small slivers of land and airspace being exchanged that are comparable
in fair market value and considering that these exchanges are needed to account for the location of the FAC as
built on a Replatted Lot 20, there will be no exchange of money between the parties for these conveyances.
City Code Section 23-111(a) provides that the City Council is authorized to sell, convey, exchange or otherwise
dispose of real property owned by the City, provided the City Council finds by ordinance that such sale or
disposition is in the best interests of the City.
This Ordinance, if adopted, also authorizes the City Manager to sign on the City’s behalf, as the owner of
Replatted Lot 20, the new plat of the Mall Subdivision that creates Replatted Lot 20.
CITY FINANCIAL IMPACTS
This has no financial impacts for the City.
ATTACHMENT 1
-1-
ORDINANCE NO. 137, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY’S CONVEYANCE OF LAND TO
FACILITATE THE REPLATTING OF THE LOT ON WHICH
THE CITY’S FOOTHILLS ACTIVITY CENTER IS LOCATED
WHEREAS, as part of the redevelopment of the Foothills Mall (the “Mall”) by its owner
Walton Foothills Holdings VI, L.L.C. (“Walton”), Walton and the City agreed that Walton would
construct and then convey to the City the Foothills Activity Center (the “FAC”); and
WHEREAS, it was agreed that the FAC would be built on Lot 20 (“Original Lot 20”) as
currently shown on the existing plat of the Foothills Mall Redevelopment Subdivision (“Mall
Subdivision”); and
WHEREAS, as the new FAC was being constructed, it was discovered that a small portion
of the building owned by Macy’s West Stores, Inc. (“Macy’s”), now existing on Lot 2 of the Mall
Subdivision (“Original Lot 2”), encroaches upon Original Lot 20, so the FAC had to be built to
accommodate this encroachment; and
WHEREAS, after the FAC was constructed, it was discovered that small portions of the
FAC (as built) encroach onto Original Lot 2 and onto Tract J of the Mall Subdivision (“Original
Tract J”);
WHEREAS, it was also discovered that parts of the FAC’s roof overhang portions of Lot
8 of the Mall Subdivision (“Original Lot 8”), Lot 1 of the Mall Subdivision (“Original Lot 1”) and
Original Tract J; and
WHEREAS, Walton owns Original Lot 1, Original Lot 8 and Original Tract J; and
WHEREAS, a map generally depicting all these encroachments is attached as Exhibit “A”
and incorporated herein by reference (collectively, the “Encroachments”); and
WHEREAS, when Walton conveyed the FAC to the City in March of 2016, the City and
Walton agreed that Walton would prepare and present for approval through the City’s land-use
process a replat of Original Lots 1, 2, 8 and 20 and a replat of Original Tract J to correct all the
Encroachments and ensure that the FAC, as built, is located entirely and correctly on a replatted
Original Lot 20 (“Replatted Lot 20”); and
WHEREAS, Walton is now going through this replatting process; and
WHEREAS, to facilitate this replatting, this Ordinance approves two bargain and sale
deeds from the City; and
WHEREAS, the first is the Bargain and Sale Deed attached as Exhibit “B” and
incorporated herein by reference with which the City will convey to Macy’s an approximately 80-
-2-
square-foot portion of Original Lot 20 to account for Macy’s building’s existing encroachment on
Original Lot 20 (“City to Macy’s Deed”); and
WHEREAS, the second is the Bargain and Sale Deed attached as Exhibit “C” and
incorporated herein by reference with which the City will convey to Walton an approximately 24-
square-foot portion of Original Lot 20 to account for improvements on Original Tract J
encroaching on Original Lot 20 (“City to Walton Deed”); and
WHEREAS, to further facilitate these replattings, Macy’s will be delivering to the City the
Bargain and Sale Deed attached as Exhibit “D” and incorporated herein by reference with which
Macy’s will convey to the City an approximately 18-square-foot portion of Original Lot 2 to
account for a portion of the FAC having been built on Original Lot 2 (“Macy’s to City Deed”);
and
WHEREAS, Walton will also be delivering to the City the Bargain and Sale Deed attached
as Exhibit “E” and incorporated herein by reference with which Walton will convey to the City
airspace above approximately 320 square feet of Original Lot 1, 115 square feet of Original Lot 8
and 34 square feet of Original Tract J to account for the overhangs of the FAC’s roof above these
lots and tract (“Walton to City Deed”); and
WHEREAS, City staff is recommending that the City exchange these properties with
Macy’s and Walton with no payment of money between the parties considering the insignificant
value of the very small slivers of land and airspace being exchanged that are comparable in fair
market value and considering that these exchanges are needed to ensure that the FAC, as built, is
located entirely on one platted lot; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey, exchange or otherwise dispose of real property owned by the City,
provided the City Council finds by ordinance that such sale or disposition is in the best interests
of the City; and
WHEREAS, the City hereby finds that the execution and delivery of the City to Macy’s
Deed and the City to Walton Deed are in the City’s best interests; and
WHEREAS, the City Council also wishes to authorize the City Manager to execute on the
City’s behalf, as the owner of Replatted Lot 20, the new plat approved by the City for the Mall
Subdivision to create Replatted Lot 20.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That City Council hereby approves the City to Macy’s Deed and the City
to Walton Deed and the Mayor is authorized to execute both of them on the City’s behalf; provided,
-3-
however, that these two Deeds are only to be delivered to Macy’s and Walton, respectively, if the
Macy’s to City Deed and the Walton to City Deed are delivered first or contemporaneously to the
City. In addition, the Mayor is authorized, in consultation with the City Manager and the City
Attorney, to agree to revisions to any of these four deeds as he deems necessary and appropriate
to protect the City’s interests or to effectuate the purposes of this Ordinance.
Section 3. That the City Manager is hereby authorized to sign on the City’s behalf, as
the owner of Replatted Lot 20, the new plat approved by the City for the Mall Subdivision to create
Replatted Lot 20.
Introduced, considered favorably on first reading, and ordered published this 5th day of
November, A.D. 2019, and to be presented for final passage on the 19th day of November, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of November, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Lot 20
Lot 2
Lot 1
Lot 20
Air Space
Lot 8
Tract J
Tract J
Part of Lot 2
Macy's West Stores, Inc.
to the City of Fort Collins Part of Lot 20
the City of Fort Collins
to Walton Foothills Holdings VI, L.L.C.
Part of Lot 20
the City of Fort Collins
to Macy's West Stores, Inc.
Part of Lot 1, below elevation 5043.3'
Walton Foothills Holdings VI, L.L.C.
to the City of Fort Collins
Part of Tract J, above elevation 5037.9'
Walton Foothills Holdings VI, L.L.C.
to the City of Fort Collins
Part of Tract J
Walton Foothills Holdings VI, L.L.C.
to the City of Fort Collins
Part of Lot 8, above elevation 5037.9'
Walton Foothills Holdings VI, L.L.C.
to the City of Fort Collins
FOOTHILLS MALL REDEVELOPMENT
SUBDIVISION
Project No:
Reviewed:
Drawn by:
Field Book:
Date:
Walton Foothills Holdings VI, LLC
5750 DTC Parkway, Greenwood Village, CO
Quit Claim Parcel Exhibit
Foothills Mall Redevelopment Subdivision
(970) 484-7477 / info@f-w.com Fort Collins, CO 1 of 1
FORT COLLINS, COLORADO 80525
GROUP
1612 SPECHT POINT ROAD, SUITE 105
0
U.S. SURVEY FEET
SCALE: 1"=30'
15 30 60
Quit Claim Parcel Exhibit
General Note:
This exhibit is for informational purposes
only. Refer to quit claim exhibits and
descriptions for additional information.
EXHIBIT PARCELS
ARE NOT SHOWN
TO SCALE
EXHIBIT A
15969156
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Brownstein Hyatt Farber Schreck, LLP
410 17th Street, Suite 2200
Denver, CO 80202
Attention: Kathy Golden
SPACE ABOVE THIS LINE FOR RECORDER’S USE
BARGAIN AND SALE DEED
[Statutory Form - C.R.S. § 38-30-115]
[CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED]
CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of
Colorado (“Grantor”) with a legal address of ___________________________, for the
consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid,
hereby sells and conveys to MACY’S WEST STORES, INC., an Ohio corporation (“Grantee”),
which has an office at _____________________, all of Grantors’ right, title and interest in and to
the following real property, with all its appurtenances, located in the County of Larimer, State of
Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by
this reference.
Dated this _____ day of ____________, 2019.
[Signature Page Follows]
EXHIBIT B
[Signature Page to Bargain and Sale Deed – City of Fort Collins]
15969156
IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date
set forth above.
GRANTOR:
CITY OF FORT COLLINS, COLORADO
a municipal corporation of the State of Colorado
By:
Name: Darin A. Atteberry
Title: City Manager
STATE OF COLORADO )
) ss.
COUNTY OF ___________ )
The foregoing instrument Deed was acknowledged before me this ____ day of ________,
2019, by Darin A. Atteberry, the City Manager of the City of Fort Collins, Colorado, a municipal
corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary
EXHIBIT B
Exhibit A
15969156
EXHIBIT A
Legal Description
That part of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and
Recorder's Office on June 4, 2014 at Reception Number 20140028776 and located in the Southwest Quarter of Section
25, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado,
described as follows:
Beginning at the Northerly corner of said Lot 20, witnessed by a mag nail & 1-1/2" aluminum washer stamped PLS
38199 WC 82;
Thence South 45°09'24" East for 48.01 feet on the Northeasterly line of said Lot 20;
Thence South 44°51'09" West for 1.68 feet;
Thence North 45°08'52" West for 48.01 feet to the Northwesterly line of said Lot 20;
Thence North 44°51'07" East for 1.67 feet on said Northwesterly line to the Point of Beginning.
Contains 80 square feet, (0.00184 acres) more or less.
Basis of Bearing: The Northwesterly line of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the
Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776, bears
South 44°51'07" West, as witnessed on each end by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC
82, with all bearings herein relative thereto.
I hereby state that the attached description was prepared by me or under my responsible charge using applicable
standards of practice and is accurate to the best of my knowledge, information and belief. This is not intended to
represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is not a guarantee
or warranty, either expressed or implied. It is intended to describe the area illustrated on the accompanying exhibit.
October 17, 2017
Revised January 24, 2018
David J. Berglund, Colorado PLS 38199
For and on behalf of Farnsworth Group, Inc.
1612 Specht Point Road, Suite 105
Fort Collins, CO 80525
Phone: (970) 484-7477
EXHIBIT B
Exhibit A
15969156
EXHIBIT A (CONT.)
EXHIBIT B
15969147
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Brownstein Hyatt Farber Schreck, LLP
410 17th Street, Suite 2200
Denver, CO 80202
Attention: Kathy Golden
SPACE ABOVE THIS LINE FOR RECORDER’S USE
BARGAIN AND SALE DEED
[Statutory Form - C.R.S. § 38-30-115]
[CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED]
CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of
Colorado (“Grantor”) with a legal address of ___________________________, for the
consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid,
hereby sells and conveys to WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited
liability company (“Grantee”), which has an office at _____________________, all of Grantors’
right, title and interest in and to the following real property, with all its appurtenances, located in
the County of Larimer, State of Colorado, more particularly described on Exhibit A, attached
hereto and incorporated herein by this reference.
Dated this _____ day of ____________, 2019.
[Signature Page Follows]
EXHIBIT C
[Signature Page to Bargain and Sale Deed – City of Fort Collins]
15969147
IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date
set forth above.
GRANTOR:
CITY OF FORT COLLINS, COLORADO
a municipal corporation of the State of Colorado
By:
Name: Darin A. Atteberry
Title: City Manager
STATE OF COLORADO )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ________, 2019,
by Darin A. Atteberry, the City Manager of the City of Fort Collins, Colorado, a municipal
corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary
EXHIBIT C
Exhibit A
15969147
EXHIBIT A
Legal Description
That part of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and
Recorder's Office on June 4, 2014 at Reception Number 20140028776 and located in the Southwest Quarter of Section
25, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado,
described as follows:
Commencing at the Northerly corner of Lot 20, said Foothills Mall Redevelopment Subdivision, witnessed by a mag
nail & 1-1/2" aluminum washer stamped PLS 38199 WC 82;
Thence South 45°09'24” East for 48.01 feet on the Northeasterly line of said Lot 20 to the Point of Beginning;
Thence continuing South 45°09'24” East for 14.05 feet on said Northeasterly line;
Thence South 44°51'08" West for 1.68 feet;
Thence North 45°08’52” West for 14.05 feet;
Thence North 44°51'09" East for 1.68 feet to the Point of Beginning.
Contains 24 square feet, (0.00054 acres) more or less.
Basis of Bearing: The Northwesterly line of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the
Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776, bears
South 44°51'07" West, as witnessed on each end by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC
82, with all bearings herein relative thereto.
I hereby state that the attached description was prepared by me or under my responsible charge using applicable
standards of practice and is accurate to the best of my knowledge, information and belief. This is not intended to
represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is not a guarantee
or warranty, either expressed or implied. It is intended to describe the area illustrated on the accompanying exhibit.
October 17, 2017
Revised January 24, 2018
David J. Berglund, Colorado PLS 38199
For and on behalf of Farnsworth Group, Inc.
1612 Specht Point Road, Suite 105
Fort Collins, CO 80525
Phone: (970) 484-7477
EXHIBIT C
Exhibit A
15969147
EXHIBIT A (CONT.)
EXHIBIT C
15969240
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Brownstein Hyatt Farber Schreck, LLP
410 17th Street, Suite 2200
Denver, CO 80202
Attention: Kathy Golden
SPACE ABOVE THIS LINE FOR RECORDER’S USE
BARGAIN AND SALE DEED
[Statutory Form - C.R.S. § 38-30-115]
[CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED]
MACY’S WEST STORES, INC., an Ohio corporation (“Grantor”) with a legal address
of ___________________________, for the consideration of Ten Dollars ($10.00) and other good
and valuable consideration, in hand paid, hereby sells and conveys to the CITY OF FORT
COLLINS, COLORADO, a municipal corporation of the State of Colorado (“Grantee”), which
has an office at _____________________, all of Grantors’ right, title and interest in and to the
following real property, with all its appurtenances, located in the County of Larimer, State of
Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by
this reference.
Dated this _____ day of ____________, 2019.
[Signature Page Follows]
EXHIBIT D
[Signature Page to Bargain and Sale Deed – Macy’s West Stores, Inc.]
15969240
IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date
set forth above.
GRANTOR:
MACY’S WEST STORES, INC.,
an Ohio corporation
By:
Name: Carl L. Goertemoeller
Its: Senior Vice President
STATE OF __________________ )
) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ____ day of ________, 2019,
by Carl L. Goertemoeller, as Senior Vice President of Macy’s West Stores, Inc., an Ohio
corporation.
Witness my hand and official seal.
My commission expires:
Notary
EXHIBIT D
Exhibit A
15969240
EXHIBIT A
Legal Description
That part of Lot 2, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and
Recorder's Office on June 4, 2014 at Reception Number 20140028776 and located in the Southwest Quarter of Section
25, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado,
described as follows:
Beginning at the Westerly corner of Lot 20, said Foothills Mall Redevelopment Subdivision, witnessed by a mag nail
& 1-1/2" aluminum washer stamped PLS 38199 WC 23;
Thence North 44°08'54" West for 0.28 feet;
Thence North 44°56'52" East for 91.86 feet;
Thence South 45°08'52" East for 0.12 feet to a line common to the Northwesterly line of said Lot 20;
Thence South 44°51'07" West for 91.86 feet to the Point of Beginning.
Contains 18 square feet, (0.00042 acres) more or less.
Basis of Bearing: The Northwesterly line of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the
Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776, bears
South 44°51'07" West, as witnessed on each end by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC
82, with all bearings herein relative thereto.
I hereby state that the attached description was prepared by me or under my responsible charge using applicable
standards of practice and is accurate to the best of my knowledge, information and belief. This is not intended to
represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is not a guarantee
or warranty, either expressed or implied. It is intended to describe the area illustrated on the accompanying exhibit.
October 17, 2017
Revised January 24, 2018
David J. Berglund, Colorado PLS 38199
For and on behalf of Farnsworth Group, Inc.
1612 Specht Point Road, Suite 105
Fort Collins, CO 80525
Phone: (970) 484-7477
EXHIBIT D
Exhibit A
15969240
EXHIBIT A (CONT.)
EXHIBIT D
15969135
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Brownstein Hyatt Farber Schreck, LLP
410 17th Street, Suite 2200
Denver, CO 80202
Attention: Kathy Golden
SPACE ABOVE THIS LINE FOR RECORDER’S USE
BARGAIN AND SALE DEED
[Statutory Form - C.R.S. § 38-30-115]
[CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED]
WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company
(“Grantor”) with a legal address of ___________________________, for the consideration of
Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and
conveys to the CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of
Colorado (“Grantee”), which has an office at _____________________, all of Grantors’ right,
title and interest in and to the real property, with all its appurtenances, located in the County of
Larimer, State of Colorado, more particularly described on Exhibit A, attached hereto and
incorporated herein by this reference.
Dated this _____ day of ____________, 2019.
[Signature Page Follows]
EXHIBIT E
[Signature Page to Bargain and Sale Deed – Walton Foothills Holdings VI, L.L.C.]
15969135
IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date
set forth above.
GRANTOR:
WALTON FOOTHILLS HOLDINGS VI, L.L.C.,
a Delaware limited liability company
By: W Foothills JV VI, L.L.C.,
a Delaware limited liability company,
its Sole Member
By: Foothills Alberta Member, LLC,
a Colorado limited liability company,
its Administrative Member
By:
Name: Donald G. Provost
Its: Manager
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this ____ day of ________, 2019,
by Donald G. Provost, as Manager of Foothills Alberta Member, LLC, a Colorado limited liability
company, as Administrative Member of W Foothills JV VI, L.L.C., a Delaware limited liability
company, as the Sole Member of Walton Foothills Holdings VI, L.L.C., a Delaware limited
liability company.
Witness my hand and official seal.
My commission expires:
Notary
EXHIBIT E
Exhibit A
15969135
EXHIBIT A
Legal Description
EXHIBIT E
Exhibit A
15969135
EXHIBIT A (CONT.)
EXHIBIT E
Exhibit A
15969135
EXHIBIT A (CONT.)
EXHIBIT E
Exhibit A
15969135
EXHIBIT A (CONT.)
EXHIBIT E
Exhibit A
15969135
EXHIBIT A (CONT.)
EXHIBIT E
Exhibit A
15969135
EXHIBIT A (CONT.)
EXHIBIT E
Exhibit A
15969135
EXHIBIT A (CONT.)
EXHIBIT E
Exhibit A
15969135
EXHIBIT A (CONT.)
EXHIBIT E