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HomeMy WebLinkAboutRIGDEN FARM EIGHTH THE SHOPS AT RIGDEN FARM - Filed RD-ROW DEDICATION - 2005-08-09SCOTT DOYL.E, CLERK 1111111111111111111i�llllll���l ���1�11111 LARIMER COUNTY CO RCPT"" 2004-0102612 12 46'00°` PAGES - O FEE $31,00 DOC $0.00 t395521 DEED OF DEDICATION FOR RIGHT-OF-WAY STATE DOCUMENTARY FEE (Rigden Farm #tl I - Right -of -Way) EXEMPT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RIGDEN FARM, LLC a Colorado Limited Liability Company, 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, the mailing address of which is Post Office Box 580, Dort Collins, Colorado 80522-0580, for public use forever a permanent right-of-way for public street purposes over, across and upon the real property legally described on Exhibit "A-1" and depicted upon Exhibit "A-2" attached hereto and incorporated herein by reference. 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. WITNESS our hands and seals this Address: 1027 W. l lorsetooth Road._ RIGDEN FARM, LLC, a Colorado Limited Ste. 200 Liability Company Dort Collins, CO 80526 By: Sierra Resources Corporation, a Colorado Corporation, Manager By_Z�,I%� - - -- David J (�ietenpol, President By: Wolverine Management Group, Inc., a Colorado Corporation, Manager By�� - - Fred L. Croci, President tru=xN� Ivl;�o�1 RESOLUTION NO. PZ04-18 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ACCEPTING THE DEDICATION OF RIGHT OF WAY FOR A PORTION OF DRAKE ROAD EAST OF TIMBERLINE ROAD ADJACENT TO RIGDEN FARM DEVELOPMENT WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to accept dedication of certain easements or rights of way by resolution or by approval of replats containing notation of such dedication, and WHEREAS, the Owner has presented to the City a deed of dedication for right of way for a portion of Drake Road, which easement is more particularly described in the "Deed of Dedication for Right of Way" attached hereto; and WHEREAS, the dedication has been reviewed and approved by the pertinent City Departments, which departments report no objections to the dedication. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the "Deed of Dedication for Right of Way" conveying Drake Road right of way to the City, which deed is attached hereto and incorporated herein bythis reference, is hereby accepted. Passed and adopted at a regular meeting of the Planning and Zonin Board of the City of Fort Collins held this 19�h day of August A.D. 200 " L/L 0 ,chairman ATTEST. �ecretary DEED OF DEDICATION FOR RIGHT-OF-WAY (Rigden Farm #11— Right -of -Way) KNOW ALL MEN BY THESE PRESENTS: That the undersigned, RIGDEN FARM, LLC, a Colorado Limited Liability Company, 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, the mailing address of which is Post Office Box 580, Fort Collins, Colorado 80522-0580, for public use forever a permanent right-of-way for public street purposes over, across and upon the real property legally described on Exhibit "A-1" and depicted upon Exhibit "A-2" attached hereto and incorporated herein by reference. 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. WITNESS our hands and seals this L �1' day of AAO,(t,(A, 200�L . Address: 1027 W. Horsetooth Road, Ste. 200 Fort Collins, CO 80526 (HF&M 11/13103) RIGDEN FARM, LLC, a Colorado Limited Liability Company By: Sierra Resources Corporation, a Colorado Corporation, Manager By �, David J ietenpol, President By: Wolverine Management Group, Inc., a Colorado Corporation, Manager By."yU-Veit -�--^- Fred L. Croci, Ptestdent STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 0:— day of 2004, by David J. Pietenpol, as President of Sierra Resources Corporation, a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: _ q STATE OF COLORADO ) ) ss. �Fnr CO\ J�P COUNTY OF LARIMER ) I"", ze, 2ppv The foregoing instrument was acknowledged before me this �5� day of 200 � by Fred L. Croci, as President of Wolverine Management Group, Inc., a Colorado Corporation, as Manager of RIGDEN FARM, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. My commission expires: _y c0"4 bn E,,res Sept 29, 20H (HF&M 11/13/03) 2 CONSENT AND APPROVAL BY LIENHOLDER The undersigned, being the owner of a Deed of Trust encumbering the above - described property, hereby approves, ratifies, confirms and consents to the foregoing Deed of Dedication for Right -of -Way. Dated this '/�- day of F,1fl K C.GF , 2001. BANK OF COLORAD9 ppI Name/Title l STATE OF COLOR -ADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acylyowledged before me this -day of 200 + , by 1 k. �v I k r e-.- as of BANK OFCOLO b O. WITNESS my hand and official seal. My c (HF&M 11/13/03) ACCEPTED by the City of Fort Collins, Colorado, on the _ day of 200_ CITY OF FORT COLLINS, COLORADO, a Municipal Corporation City Clerk ATTORNEY'S CERTIFICATE I hereby certify that the foregoing Deed of Dedication for Right -of -Way has been duly executed as required pursuant to Section 2.2.3(C)(3)(a) through (e), inclusive, of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon an examination of the records of the Clerk and Recorder of Latimer County, Colorado, as of the date of execution of the Deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(0 of the Land Use Code. / SEPH H. FO ARA, Attorney Address: Hasler, Fonfara and Maxwell LLP 125 S. Howes, 6t1i Floor Fort Collins, CO 80521 Registration No. 6586 (nF&M 11/13'03) Exhibit "A-1" LEGAL DESCRIPTION ADDITIONAL RIGHT-OF-WAY A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 29, TOWNSHIP 7 NORTH; RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 29. BEING MONUMENTED AT THE WEST END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 14823" IN A RANGE BOX. AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED `RA BRADSHAW" N A RANGE BOX, IS ASSUMED TO BEAR S89026'35"E, WITH A DISTANCE OF 2681,45 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29. THENCE S89026'35"E ON THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER, A DISTANCE OF 1038.29 FEET:. THENCE S00033'25"W, A DISTANCE OF 30-00 FEET TO THE SOUTHERLY RIGHT OF WAY OF DRAKE ROAD AS IT EXISTED ON APRIL 30 2003, AND THE POINT OF BEGINNING; THENCE CONTINUING S00033'25"W, A DISTANCE OF 24.00 FEET, TO A POINT ON A LINE 54.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER; THENCE S89026'35"E, ON SAID PARALLEL LINE, A DISTANCE OF 696.22 FEET, TO THE WESTERLY BOUNDARY OF RIGDEN FARM 9T" FILING; THENCE NO0033'25"E, ON SAID WESTERLY BOUNDARY, A DISTANCE OF 24.00 FEET, TO THE AFORESAID EXISTING RIGHT-OF-WAY; THENCE N89026'35"W, ON SAID EXISTING RIGHT OF WAY, A DISTANCE OF 696.22 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 16,708 SQ.FT. I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND .ATTACHED EXHIBIT WERE PREPARED U^iDE ^d� ONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND Fj]6p'i-ECT. COLORADO PLS N V FOR .ANU ON THE B .44',1''©EX4W E< I RING, LLC. THIS LEGAL DESCRIPTION DOES NOlCONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSIIIP OF THIS TRACTOR VERIFY EASEMEN IS OF RECORD. JR ENG/NEERLVG A,VD THE SURVEYOR OF RECORD ASSUMES ,VO RESPO %SIBILTTY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGAfISAND RECOMMENDS CONSULTATION W[TI[AN,I "T!'ORNEY X.,3910000.aIF39IM15\Legai5916415 Drake Road RO\'1 Dud REV I.doe x yPt W]O MM1lB:6<I SOremnpaW�60�5 �R�M1E RCAp E%XI Bit PEWORN 4wg,B5�I�l�Mxeq ObP4A'N 0]465� GM, reNWic m O Z D A S A O A m O—mAz y ,XZQ DO? z m i im yip Z", F c0 OCL X,mo 5-.Moo, Z � m m U mm0 z m U A % 0 <Az:j j ( Z Z X A O U D U r 0%00 (m/1-mm N- z O Z�A OD> 0 Z K Exhibit "A-2" > N ➢ U O 0 it O MATCH LINE O KANSAS DRIVE !� � o mw>A mD2 n➢ozn �� -mlyOm � omOm7J D -�O!t Z 0c iS L AD1 O�y DODZD � U U m A X S 8 M m z� mn; m Z m o L A v