The URL can be used to link to this page

Home My WebLink AboutFORT COLLINS RETAIL CENTER PUD - Filed ED-EASEMENT DEDICATION - 2015-09-22DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned GP RETAIL I, LLC, a Colorado limited liability company ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as: Lots 1, 2, 4 and 5, Fort Collins Retail Center P.U.D., 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 ("City"), whose mailing address for purposes of this deed is P.O. Box 580, Fort Collins, CO 80522, for public ule forever a permanent easement for access in tl�e 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 (the `Easement"). The City's rights under the Easement include the right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easement public improvements consistent with the intended purpose of the Easement; the right to install, maintain and use gates in any fences that cross the Easement; the right to mark the location of the Easement with suitable markers; and the right to permit other public utilities to exercise these same rights. Grantor reserves the right to use the Easement for purposes that do not interfere with the full enjoyment of the rights hereby granted. The City is responsible for maintenance of its own improvements and for repairing any damage caused by its activities in the Easement, but by acceptance of this dedication, the City does not accept the duty of maintenance of the Easement, or of improvements in the Easement that are not owned by the City. Grantor will maintain the surface of the Easement in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements. Except as expressly permitted in an approved plan of development or other written agreement with the City, Grantor will not install on the Easement, or permit the installation on the Easement, of any building, structure, improvement, fence, retaining wall, sidewalk, tree or other landscaping (other than usual and customary grasses and other ground cover). In the event such obstacles are installed in the Easement, the City has the right to require the Grantor to remove such obstacles from the Easement. If Grantor does not remove such obstacles, the City may remove such obstacles without any liability or obligation for repair and replacement thereof, and charge the Grantor the City's costs for such removal. If the City chooses not to remove the obstacles, the City will not be liable for any damage to the obstacles or any other property to which they are attached. The rights granted to the City by this Deed inure to the benefit of the City's agents, licensees, permittees and assigns. [SIGNATURES ON FOLLOWING PAGE] (00400575:4) Witness our hands and seals this _1rday of January, 2015. Grantor: GP RETAIL I LLC, a Colorado limited liability company By: Gart Properties LLC /a Colo r do limited liability company By:/ Tho as A. Gart Manager Address: 299 Milwaukee Street, Suite 500 Denver, CO 80206 State of Colorado ) ) ss City and County of Denver ) The foregoing instrument was acknowledged before me this IF&ay of January, 2015, by Thomas A. Gart as Manager of Gart Properties LLC, a Colorado limited liability company, manager of GP Retail I LLC, a Colorado limited liability company. Witness my hand and official seal. AUTUMN MILLER My commission expires: 5 7 a� 18 NOTAW PUSUC STATE OF MORADO t�Otsay ID 201440imse My Commission Exp3nes O�J07/2016 No Public This Deed of Dedication is accepted by the Director of Planning, Development, and Transportation Service Unit pursuant to Section 2.1.5 of the Land Use Code of the City of Fort Collins this TT day of 2015. Rick Richter As delegee for the Director of Planning, Development, and Transportation Service Unit ATTEST: City Clerk (00400575:3) CONSENT AND NON -DISTURBANCE The undersigned is the holder of (i) that certain Deed of Trust, Assignment of Leases, Security Agreement and Fixture Filing from GP Retail I LLC, a Colorado limited liability company ("Borrower") dated December 27, 2013 and recorded in the Land Records of Larimer County ("Records") on December 30, 2013 as Reception No. 20130093201; and (ii) that certain Absolute Assignment of Rents and Leases from Borrower dated December 27, 2013 and recorded in Records on December 30, 2013 as Reception No. 20130093202 (collectively, the "Security Instruments"). The undersigned does hereby consent to and approve the Deed of Dedication of Easement ("Easement") to which this Consent and Non -Disturbance is attached, and hereby acknowledge and agree that the Easement will not be disturbed, interfered with or terminated by any foreclosure of the Security Instruments or deed in lieu of foreclosure. The undersigned hereby evidences such consent, approval, agreement and non -disturbance by causing their duly authorized agents to sign, seal and deliver this Consent and Non -Disturbance, this 12>40 day of January, 2015. Except for such consent and non -disturbance, no real or personal property encumbered by the Security Instruments shall be affected hereby and all real or personal property encumbered by the Security Instruments shall remain as security for the indebtedness described in the Security Instruments. STATE OF GEORGIA : ss. COUNTY OF FULTON SECURITY LIFE OF DENVER INSURANCE COMPANY, a Colorado corporation By: Voya Investment Management LLC, its authorized agent By: )g/, �:— Kurt Wassenar, Senior Vice President The foregoing instrument was acknowledged before me this 16 day of January, 2015, by Kurt Wassenar, as Senior Vice President of Voya Investment Management LLC, a Delaware limited liability company, as authorized agent for Security Life of Denver Insurance Company. Witness my hand and official seal. C44ryyublic My Commission Expires: Voya Loan No. 28989 ,,7 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 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 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 the Land Use Code. David C. Uhlig, Att ey Address 370 17th S et, Su' a 4800 Denver, CO 80202 Registration No. 32261 Date: January 14, 2015 (00400575:2) EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 2, FORT COLLINS RETAIL CENTER, AS RECORDED UNDER RECEPTION NUMBER 87034806 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; SITUATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6"' PRINCIPAL MERIDIAN; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 36, HAVING A BEARING OF NORTH 00°04'30" WEST. BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89°54'16" EAST, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 12.00 FEET; THENCE SOUTH 0000410" EAST, A DISTANCE OF 120.00 FEET; THENCE SOUTH 89"54'16" WEST, A DISTANCE OF 12.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2; THENCE, ALONG SAID WEST LINE, THE FOLLOWING TWO (2) COURSES; 1. NORTH 00°04'30" WEST A DISTANCE OF 103.86 FEET; 2. NORTH 00°0422" WEST A DISTANCE OF 16.14 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.033 ACRES, (1,440 SQUARE FEET), MORE OR LESS. EXHIBIT ATTACHED AND MADE A PART HEREOF. _,pp l- j JAMES E. LYNCH, PLS NO.37933 N% FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC 300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122 303-713-1898 V:\94614-01- Lot 2 - Ft Collins Retail Legal Desc\Legais\ROW Dedication.docx Page 1 1 2 i ILLUSTRATION TO EXHIBIT A POW w m NW COR., LOT 2 FORT COLLINS RETAIL CENTER N00'04'22"W _ 16.14' NW COR., SOUTH 1/2, SW 1 /4, SEC, 36 T7N, R69W, 6TH P.M. t� M U w Zn LL o. z�M� rx904 w`�� LL < O �) N�o QOp) mNz L z J SW COR., SOUTH 1/2. SW 1 /4, SEC. 36 T7N, R69W, 6TH PA, N89'54'16"E 12.00' S89'54'16"W 12.00' LOT 1 FORT COLLINS RETAIL CENTER REC./ 87034806 LOT 2 FORT COLLINS RETAIL CENTER REC.# 87034806 PARCEL CONTAINS 1,440 (SO.FT.) 0.033 ACRES MORE OR LESS 1 inch = 40 it NOTE' INNS DRAWING DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. PATH: EASEMENT EXHIBIT DWC NAME: Sdr! oWc: CNKi pw r,":uw)71348" LOT 2, FORT COLLINS RETAIL CENTER ao AZTEC DATE: 1,(11�j5. .rONSULTANTS.INC. (30„71,: .,.,.,. FORT COLLINS, COLORADO SCALE: 1"-40' JOB NLWW 94614-01 2 2