HomeMy WebLinkAboutMILLER BROTHERS FOOTHILLS SIXTH REPLAT PART OF TRACT A KING SOOPERS FUELING STATION - Filed RD-ROW DEDICATION - 2009-11-30DEED OF DEDICATION FOR RIGHT-OF-WAY
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Dillon Companies, Inc., a
Kansas corporation dba King Soopers, being the owner 2 ce ain real property in Larimer County,
Colorado legally described at Reception No. GD3o� in the Larimer County Records, in
consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged; and other
good and valuable consideration, does hereby dedicate, transfer, and convey to the City of Fort Collins,
Colorado, a Municipal Corporation, for public use forever a permanent right -of way for public street
purposes in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on
Exhibit "A" attached hereto and by this reference made a part hereof.
It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins
will not accept the duty of maintenance of such right-of-way until permanent improvements;have been
made and accepted by the City.
Grantor hereby reserves an affirmative easement over the land described in Exhibit "A" for
construction and maintenance of a curb line, drive lanes and landscaping, as well as for ingressrnd egress
across the dedicated right of way as shown on the site plan (the "Reserved Easement") attached hereto as
Exhibit "B" and by this reference made a part hereof. This Reserved Easement shall run with the land
herein described and shall be binding upon the City of Fort Collins, its heirs, successors, assigni, devisees,
administrators and representatives and shall inure to the benefit of Grantor, its heirs, successors, assigns,
devisees, administrators and representatives.
Grantor hereby agrees that, at such time as the City of Fort Collins shall require the aforementioned
dedicated right of way, as described in Exhibit "A", for construction purposes due to the widening of Taft
Hill Road and/or Elizabeth Street, Grantor will execute an Easement Release Agreement in the Same form
as that attached hereto a x i ` t ,rmftm6ng the Reserved -Easement an&miil its 'curb -fine, -
drive lanes and landscaping from said dedicated right of way.
The City of Fort Collins shall give Grantor thirty (30) days written notice when the City determines
that Grantor must execute the said Easement Release Agreement. If the Grantor has failed or -refuses to
execute the said Easement Release Agreement by the end of such notice period, the Grantor agrees that the
City of Fort Collins may revoke the Certificate of Occupancy for the building located upon Tract "A" of
the Replat of the Miller Brothers Foothills Subdivision Sixth Filing, which is occupied as a "Kin&.=Soopers"
fueling facility after ten (10) days written notice of such revocation.
Witness our hands and seals this&`may of 'i*&2008.
RECEPTION#: 20080082157, 12/31/2008 at
02:43:21 PM,
1 OF 8, R $41.00 State Documentary Fee
$0.00 TD Pgs: 0
Scott Doyle, Ladmer County, CO
State of (Ilorccta )
) ss
County of 46Vee
Grantor:
Dillon Companies, Inc., a Kansas corporation dta King
Soopers
p w J p�
Name and Address:
Dillon Companies, Inc,
c% King Soopers/City Market
65 Tejon Street
Denver, CO 80223
The foregoing instrume t was acknowledged before me tiu 6er,008, by
icr Yres i�kett _, and `l .
Witness my h?nd and official seat. ,P, �'•
My commission expires: 1 la a
s • ssa.••�/
j NotaryPublic
This Deed of Dedication is accepted by the Director of Community Planning and Environmental
Services pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this Q� day of
P!� , 2UU1. . I 1
As delegee for the Director of Community Planning
and Environmental Services
EXHIBIT A
A TRACT OF LAND LOCATED IN TRACT 'A' REPLAT OF MILLER BROTHERS FOOTHILLS
SUBDIVISION, SIXTH FILING, CITY OF FORT COLLINS, LARIMAR COUNTY, STATE OF
COLORADO DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT *A' THENCE N 00032'00?W
ALONG THE WEST RIGHT OF WAY LINE OF TAFT HILL ROAD A DISTANCE OF 559.57'
FEET TO THE POINT OF BEGINNING:
THENCE THE FOLLOWING 11 COURSES:
1) S 89°2&00° W A DISTANCE OF 11.00' FEET;
2) N 00032'00" W A DISTANCE OF 105.93' FEET;
3) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A DELTA OF
89°3V24', A RADIUS OF 12.50 FEET, A ARC LENGTH OF 19.56 FEET, THE CHORlO
OF WHICH BEARS N 45°21'120W A DISTANCE OF 17.62' FEET TO A POINT OF
REVERSE CURVATURE TO THE RIGHT;
4) ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 19°3255', A
RADIUS OF 186.70 FEET, A ARC LENGTH OF 63.70 FEET, THE CHORD OF WHIOH
BEARS N 80023'56"W A DISTANCE OF 63.39' FEET;
5) N 70-37'3(" W TANGENT TO THE PRECEDING CURVE TO A POINT ON THE WEST
LINE OF LOT 1, REPLAT OF TRACT'A" OF THE REPLAT OF MILLER BROTHERS
FOOTHILLS SUBDIVISION SIXTH FILING A DISTANCE OF 41.67, FEET;
6) N 00°32'00" W ALONG THE WEST LINE OF SAID LOT 1 TO THE SOUTH RIGHT OF
WAY LINE OF ELIZABETH STREET A DISTANCE OF 7.1T FEET;
7) S 70°3T30- E ALONG THE SOUTH RIGHT OF WAY LINE OF ELIZABETH STREET
TANGENT TO THE' FOLLOWING CURVE A DISTANCE OF 44.09' FEET;
8) ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 19-06'00% A
RADIUS OF 180,00 FEET, A ARC LENGTH OF 60.00 FEET, THE CHORD OF WHICH
BEARS S 80010'30"E A DISTANCE OF 59.73' FEET;
9) S 89-43'30- E ALONG SAID SOUTH RIGHT OF WAY LINE TANGENT TO THE
FOLLOWING CURVE A DISTANCE OF 10.00' FEET;
10) ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 89011'30", A
RADIUS OF 15.00 FEET, A ARC LENGTH OF 23.35 FEET, THE CHORD OF WHICH
BEARS S 45°07'45"E A DISTANCE OF 21.06';
11) S 00°3700' E ALONG THE WEST RIGHT OF WAY LINE OF TAFT HILL ROAD A
DISTANCE OF 110.00' FEET TO THE POINT OF BEGINNING;
BASIS OF BEARINGS IS THE EAST LINE OF LOTS 1, 2 &3, A REPLAT OF A PART OF
TRACT'A' OF THE REPLAT OF MILLER BROTHERS FOOTHILLS SUBDIVISION, SIXTH
FILING BEING ASSUMED TO BEAR S 00032'00 E.
SAID TRACT OF LAND CONTAINS 2149 SQ. FT. MORE OR LESS,
PREPARED ON AND FOR THE BEHALF OF , -I
GALLOWAY INC.
5350 DTC PARKWAY v 40
GREENWOOD VILLAGE, CO 80111 25625;
DATE PREPARED 04/30/2008
JOB NO. KS112 ...,M,
PREPARED BY: MATTHEW DUHAIME P.E., P.L. • F•atjnp,V,
to SOWROWEGN-ft
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FOOTHILLS SUBDIVISION,
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NOTE THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY, _ OT TRACT "A"
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 1
Icing Soopers PREPARED BY:
Division of Dillon Companies G a loway
I a 65 Tejon Street &
Denver, Colorado 80223
Phone: (303) 715-4500 = 000pttt
Fox (303) 778-3349
aaano�a F
wwwad-"V& ae
Project No: MFD Designed By: MFD Date: 4/30/2008 Store#9 I Fort Collins
Sheet Scale: 1"_30' Drawn By: MFD isk File: KS112—row_exhibit Elizabeth & Taft
EXHIBIT C
EASEMENT RELEASE AGREEMENT
KNOWN ALL MEN BY THESE PRESENTS: That the undersigned Dillon Companies,
Inc., a Kansas corporation dba King Soopers ("Grantor") is the owner of certain real property in
Larimer County, Colorado legally described as 1001 S. Taft Hill Road, Fort Collins, Colorado together
with the Reserved Easement set forth in that certain Deed Of Dedication For Right -of -Way dated
, 2008 and filed of record as Instrument No. , Larimer County Records.
In consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and
other good and valuable consideration, Grantor for itself its heirs, successors, assigns, deviseaees,
administrators, and representatives does hereby release and forever quitclaim to the City of Fort
Collins, its heirs, successors, assigns, devisees, administrators, and representatives the Reserved
Easement as the some is more particularly described in aforementioned Deed Of Dedication Fmr
Easement . Grantor will promptly remove at its sole cost and expense any improvements which lie
within the right of way, said right of way is described in Exhibit A attached hereto and by this
reference made a part hereof.
Witness our hands and seals this day of , 20 .
Grantor:
Dillon Companies, Inc., a Kansas corporation dba King
Soopers
By: _
Title:
Name and Address:
Dillon Companies, Inc.
c/o King Soopers/City Market
65 Tejon Street
Denver, CO 80223
State of )
) ss
County of
The foregoing instrument was acknowledged before me this _ day of , :2008, by
as , and as
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT A
A TRACT OF LAND LOCATED IN TRACT'A' REPLAT OF MILLER BROTHERS FOOTHILLS
SUBDIVISION, SIXTH FILING, CITY OF FORT COLLINS, LARIMAR COUNTY, STATE OF
COLORADO DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT W THENCE N 00032'00`W
ALONG THE WEST RIGHT OF WAY LINE OF TAFT HILL ROAD A DISTANCE OF 559.57'
FEET TO THE POINT OF BEGINNING:
THENCE THE FOLLOWING 11 COURSES:
1) S 89°28'0(° W A DISTANCE OF 11.00' FEET;
2) N 00°32'00' W A DISTANCE OF 105.93' FEET;
3) ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A DELTA OF
89°38'24% A RADIUS OF 12.50 FEET, A ARC LENGTH OF 19.68 FEET, THE CHORD
OF WHICH BEARS N 45021'120W A DISTANCE OF 17.62' FEET TO A POINT OF
REVERSE CURVATURE TO THE RIGHT;
4) ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 19°32'55 A:
RADIUS OF 186.70 FEET, A ARC LENGTH OF 63.70 FEET, THE CHORD OF WHICH
BEARS N 80023'56"W A DISTANCE OF 63.39' FEET;
5) N 70-37'30- W TANGENT TO THE PRECEDING CURVE TO A POINT ON THE WEST
LINE OF LOT 1, REPLAT OF TRACT'A" OF THE REPLAT OF MILLER BROTHERS
FOOTHILLS SUBDIVISION SIXTH FILING A DISTANCE OF 41.67' FEET;
6) N 00-32'00" W ALONG THE WEST LINE OF SAID LOT 1 TO THE SOUTH RIGHT OF::
WAY LINE OF ELIZABETH STREET DISTANCE OF 7.13' FEET;
7) S 70°37'3(' E ALONG THE SOUTH RIGHT OF WAY LINE OF ELIZABETH STREET
TANGENT TO THE'FOLLOWING CURVE A DISTANCE OF 44.09' FEET;
8) ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 19°06'0(Y, A
RADIUS OF 180.00 FEET, A ARC LENGTH OF 60.00 FEET, THE CHORD OF WHICH:
BEARS S 8(r10'30'E A DISTANCE OF 59.73' FEET;
9) S 89°43'30- E ALONG SAID SOUTH RIGHT OF WAY LINE TANGENT TO THE
FOLLOWING CURVE A DISTANCE OF 10.00' FEET;
1.0) ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 89-111'30", A
RADIUS OF 15,00 FEET, A ARC LENGTH OF 23.35 FEET, THE CHORD OF WHICH
BEARS S 45007'45"E A DISTANCE OF 21.06';
11) S 400°32'00' E ALONG THE WEST RIGHT OF WAY LINE OF TAFT HILL ROAD A
DISTANCE OF 110.00' FEET TO THE POINT OF BEGINNING;
BASIS OF BEARINGS IS THE EAST LINE OF LOTS 1, 2 &3, A REPLAT OF A PART OF
TRACT "A" OF THE REPLAT OF MILLER BROTHERS FOOTHILLS SUBDIVISION, SIXTH
FILING BEING ASSUMED TO BEAR S 00°32'00 E.
SAID TRACT OF LAND CONTAINS 2149 SQ. FT. MORE OR LESS.
PREPARED ON AND FOR THE BEHALF OF
GALLOWAY INC, v '`II
5350 DTC PARKWAY v'�4K0 '
GREENWOOD VILLAGE, CO 80111 26M
DATE PREPARED 04/30/2008 *1,o
JOB NO. KS112 io ••4....••"�'
PREPARED BY: MATTHEW DUHAIME P.E., P.L. Fglypp
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