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HomeMy WebLinkAboutHAFA LLC - Filed RD-ROW DEDICATION - 2014-04-24RE -FPTION#: 20130089559,12/09/2013 at 0329 PM,1 OF 12, R $66.00 State Doc Fee $0.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer County, CO DEED OF DEDICATION FOR RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS: That the undersigned, HAFA LLC, 2010-1 CRE CO -Retail, LLC, 2010-1 CRE CO -Car Wash, LLC, ACT Ventures LLC, First National Bank, and John Snyder, collectively being the owners of all undivided interests in that certain real property in Larimer County, Colorado legally described on Exhibit A, attached and incorporated by reference ("Property"), and also being the beneficiaries of all deeds of trust encumbering the Property, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, do hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal Corporation, whose mailing address for purposes of this Deed is P.O. Box 580, Fort Collins, CO 80522, 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 does not accept the duty of maintenance of such right-of-way until permanent improvements have been made and the City has accepted such improvements. Unless otherwise specifically agreed by the City, the City does not assume the duty of maintenance of sidewalks, curbs and gutters, or parkways. [Signature pages follow] Page 1 of 10 1 City Clerk's Office, Fob Collins, C010rad0 ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed 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, with the exception that this Deed has not been signed by the current owner ofThe Mountain States Telephone and Telegraph Company Right -of -Way Easement ("Easement") recorded with the Clerk and Recorder of Larimer County, Colorado at Book 1585, Page 447 (depicted on the attached Exhibit A), and the conveyance made by this Deed is specifically subject to the Easement. I further certify 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 Larimer 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)(f) of Land Use Code. Date: October IS , 2013 Richard S. Gast Myatt, Brandes & Gast, C. 323 S. College Avenue, Suite 1 Fort Collins, CO 80524 Registration No. 11338 This Deed of Dedication is accepted by the Director of Planning, Development, and Transportation Service Unit pursuant to S 2.1.5 of d Use Code of the City of Fort Collins this day of October, 2013 Rick Richter As delegate for the Director of Planning, Development, and Transportation Service Unit OF fiO ATTEST: % .` City Clerk C, 4 . r� 0 Page 8 of 10 H, WKC HQ1+Building 2.7 CondomkdumA(lIy Right of Way DedkifioalDeed of Dedication for RoW 101711.doe EXHIBIT A TO DEED OF DEDICATION FOR RIGHT-OF-WAY Legal Description of Properiy !NORTHERN ENGINEERING Al10RUS: 'MS. coll•:SL Avr. SU .010 ; prt Collis=, CO MSed PIRINE: 470221.41:9 WEBSITE: w Yw rorfP �rnen2ine6nn corn FAX: 970.M.4159 DESCRIPTION A tract of land being a portion of the map of Building 287 Condominiums recorded at Reception No. 20060048605 and located in the Northwest Quarter of Section 13, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Northwest Quarter of Section 13 as bearing South 00102'20" West and with all bearings contained herein relative thereto: COMMENCING at the Northwest comer of Section 13; thence along the West line of Section 13, South 00° 02' 20" West, 477.13 feet; thence, North 89° 4750" East, 52.00 feet to the Northwest corner of Building 287 Condominiums, said point being the POINT OF BEGINNING; thence along the North line of Building 287 Condominiums, North 89' 4750" East, 24.00 feet; thence, South 00' 02' 20" West, 440.00 feet to the South line of Building 287 Condominiums; thence along said South line, South 89° 47' 50" West, 22.14 feet to the West line of Building 287 Condominiums; thence along said West line, North 00° 12' 10" West, 440.00 feet to the Point of Beginning, containing 10,152 square feet, more or less. The above described tract is subject to all easements and rights -of -way now existing or of record. The description is based upon the map of Building 287 Condominiums and not upon an actual field survey. LMS September 23, 2013 SASurvcy 1obi512-002Wwg\Exhibits1512-002 Exhibit D=criptim.doc A-1 Page 9 of 10 OT jo OI a8ilad z-d T 0 Z? m C1 m?cmi a—i(n(A O-00 ,�co ol OnZ 0-i�'r1 Z0wgm ZiZm Z � n CNco:0C) z K-4pZ (OMz z 12'10"W soo°o2V2o°W aao.00' n c00 199 �+ W��s n o zc " 7d v y o �c�=°c m Cl)m p �n3Z �, Z oz� `N G) {m> � Go A O tj_ r) E o C> V > rn _ ~ r MM 0 . T 0 Im �o z� mAC rn Z 00°� �0 rn Onn MA D 4 rn ou S0o'02'20"W Z 477.13� rn = Nm o� = p N Z K 3= A00 m M 0A zZ o ^ _ 4 o n--1 m p C-1H z A (A m m„ n z o rn 3-n ffrn''�� D -i Z m OW n 00 Oz En H Tz r . ... __ .....�� _.-, .... � i vu...0 a..�a..r,.. � r,i .a V.� t•�.� � V. TJ'JV071 rabr. l' 1 Witness our hands and seals this %J dray of &�7, 2013. ChantorlOwner of Unit 1: HAFA LLC, a Colorado li-nited liability eompany By: �&gai 0:V J e R Balfany, Managing 1 41 er 101 Ridgelawn Dzi�ve Fort Collins, CO 80521-1233 STATE OF COLORADO ) COUN1'X OF LA.RZ4F-R ) The foregoing instr=ent was acknowledged before me this _Li day of_ , Q±, 2013, by Jane R. Balfany as Managing Member of HAFA. Lz,C, a Colorado limited liability company. Witness my hand and official seal. My commission expires: otary Pub ANGELA R PENLAND NOTARY PUBLIC STATE OF COLORADO Page 2ofq(l0 Witness our hands and seals this ZZ day of October, 2013. STATE OF ) ss COUNTY OF } The foregoing Delaware limited Grantor/Owner of Unit 2: 2010-1 CRE CO -Retail, LLC, a Delaware limited liability company By: Name: Title: Ac. gLk!l O L71 D .S r j n;AAOz- - Address:nn t�l. �r,.A.�v�a c ., pp bt u,-.a(u( c.111g0-z4S t was acknowledged before me this _ day of October, 2013, by as of 2010-1 CRE CO -Retail, LLC, a company. Witness my hand and officipl seal. My commission Notary Public <;A 04ACL4-et Page 3 of 10 ACKNOWLEDGMENT State of California County of On before me, (Insert name a Personally appeared title of the o cer) r C who proved to me on the basis of satisfactory evidence to be t subscribed to the within instrument and acknowledged to me that he/she/th ' erson(s) whose name(s) is/are his/her/thelr authorized capacity(ies), and that by his/her/their signature s person(s), or the entity upon behalf of which the person(s) acted, executed ey executed the same in () on the instrument the I certify under PENALTY OF PERJURY under the laws of the State the instrument. Paragraph is true and correct, to of California that the foregoing WITNESS my hand and official seal, E!lIABETH ASHLEfr PAtUE180 COMM. #19g4659 z Notary Public • California a Los Angeles County ° Signature c0m"'' (Seal) Witness our hands and seals this ZA7— day of October, 2013. STATE OF COUNTY OF The foregoing instrument was Delaware limited liability company. Witness my hand and official seal. My commission expires: Grantor/Owner of Unit 3: 2010-1 CRE CO -Car Wash, LLC, a Delaware limited liability company I: '��r'rrril+I Name: jkIIC440. E+2 Title: RlcV� Address: ino L � , before me this _ day of October, 2013, by of 2010-1 CRE CO -Car Wash, LLC, a Notary Public Page 4 of 10 C- t J"t ACKNOWLEDGMENT State of California County of On 1 before me, personally appeared (insert name and titl of the officer) `emu � � Who proved to me on the basis of satisfactory evidence to subscribed to the within instrument and acknowledged to me that he/s his/her/their authorized ca aci perscn(s) whose name(s) is/are p tY(ies), and that by his/her/their signatures) onythe Instrument the person(s), or the anti upon behalf of which the arsons same in entity p p i certify under PENALTY OF PERJURY under () a��' executed the instrument. paragraph is true and correct, the laws of the State of Califomia that the for egoing WITNESS my hand and official seal. E�wier:r"" s Er auueeo COMM. # 198465! z , Notary Public • Califorrga a Signature SAeles County � �� 9,2p16+ (Seal) Witness our hands and seals this Zt. day of October, 2013. Grantor/Owner of Units 4 and 5: ACT VENTURES LLC, a Colorado limited liability company ZBy: Cd �vffr_ A . Todd, MeMer P.O. Box 270686 Fort Collins, CO 80527 STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this %z,,, day of October, 2013, by Autumn C. Todd as Member of ACT VENTURES LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Xtu i N �Ii EUTASM A PHIWPS NOTARY PUBLIC STATE OF COUAMDO NOTARY 1D 20124020301 W 00MMION BMW APFUL02,2M0 Page 5of10 Witness our hands and seals this �aay of October, 2013. F' National 0 STATE OF COLORADO ) ss COUNTY OF LARIMER ) of Deed of Trust (Unit 1) Name: 3l v Kra Title: 54y ; 205 West Oak Street Fort Collins, CO 80521 Y The foregoing instrument was acimowledged before me this('\_ci• day of October, 2013, by zj-h 0-- mall t Si raS S 2 . as � ILQ- 17 f sSN dtx-\-� of First National Bank. Witness my hand and official seal. My commission expires: a' as_ 1 i �Notary�Pnblic JULIE L ROGAN ---- NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024010816 MY COMMISSION EXPIRES 02/25/2017 Page 6 of 10 Witness our hands and seals this day of October, 2013. Grantor/Beneficiary of Deed of Trust (Unit 4) By: ohn Snyder P.O. Box 67 Bellvue, CO 80512 STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 1 day of October, 2013, by John Snyder. Witness my hand and official seal. My commission expires: 14 'Cl-Cl0/ S Notary Public Y. PBl� SIEVE LYTTLE qTf okpt My Comm. Pip. 04.*2015 Page 7 of 10