HomeMy WebLinkAboutREDTAIL SECOND - Filed ED-EASEMENT DEDICATION - 2016-06-01RECEPTION#: 20070007496, 01/30/2007 at 11:40:24 AM, 1 OF 8, R $41.00 Scott
Doyle, Larimer County, CO
DEED OF DEDICATION FOR EASEMENT OTATE DOCUMENTARY FEE
EXEMPT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Woodley Brothers,
L.L.P., a Colorado Limited Liability Partnership, being the owner of certain real property in Larimer
County, Colorado legally described at Reception No. 89050937 in the Larinier 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 easement for sight distance 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 duof maintenance of such easement.
Witness our hands and seals this' day of 18&CLE 200.15'
Grantor:
WOOD.LEY BROTHERS L&-;x
orado limited liability
By: . ' partnership
Name and Address:
PMdck Woodley
�! : �1 r. ,.., i
By: Y—TNkgk-+AQ ' a 9
Title:
Name and Address:
Michael Woodley
cwz
CITY OF FORT COLLINS
PO 8X 580
0 FORT COLLINS, CO 80522
CITY CLERK
JCITY OF FORT COLLINS
release and quit claim to the Grantor any interest the Grantee may have in the Grantor's
Property, excepting and reserving to the Grantee the Amended Easement.
2. Improvements. The Grantee shall have the right to construct, install, maintain,
repair, improve, remove, and replace the Drainage Pipe within the Easement. No improvements
shall be made to The Grantor's Property until the plans and specifications for such improvements
have been approved by the Grantor, which approval shall not be unreasonably withheld,
conditioned, or delayed.
3. Maintenance of The Grantor's Property. Upon completion of the construction and
installation of the Drainage Pipe, the Grantee shall restore the surface of the Grantor's Property
to substantially the same condition as existed prior to the commencement of such work. The
Grantee, at its sole cost and expense, shall maintain the Drainage Pipe in good condition and
repair at all times. In the event the Grantee fails to maintain the Drainage Pipe, the Grantor shall
give to the Grantee written notice of the maintenance required to be performed by the Grantee,
and if such maintenance is not completed within thirty (30) days after notice of the required
maintenance is given to the Grantee, the Grantor shall have the right but not the obligation to
perform such maintenance and repair and shall be entitled to reimbursement from the Grantee for
all costs and expenses incurred by the Grantor in performing maintenance or repair work within
the Easement upon demand, together with interest on such amounts at the rate of twelve percent
(12%) per annum from the date incurred by the Grantor until repaid by the Grantee.
4. Mechanic's Liens,
The Grantee shall pay all costs and expenses incurred as a
result of any work performed within, upon or under the Grantor's Property by or at the request of
the Grantee and shall indemnify and hold harmless the Grantor and the Grantor's Property from
and against any and all loss, cost, or expense including attorneys' fees arising out of, as a result
of, or in connection with any work performed within or upon the Grantor's Property, by or at the
request of the Grantee. In the event of the filing of a mechanic's lien against the Grantor's
Property as a result of any work performed by or at the request of the Grantee, the Grantee shall
obtain the release of the Grantor's Property from the mechanic's lien within thirty (30) days after
the mechanic's lien is recorded in the office of the Clerk and Recorder of Larimer County,
Colorado. In the event the Grantee fails to obtain the release of the Grantor's Property from such
mechanic's lien within thirty (30) days as herein required, the Grantor shall have the right but not
the obligation, to obtain the release of the Grantor's Property from the mechanic's lien without
regard to the validity thereof and in such event, the Grantor shall be entitled to recover from the
Grantee upon demand all costs and expenses, including attorneys' fees incurred by the Grantor in
obtaining the release of the Grantor's Property from the mechanic's lien, together with interest
on all amounts paid by the Grantor at the rate of twelve percent (12%) per annum from the date
advanced by the Grantor until repaid by the Grantee.
5. Assumption of Risk. The Grantee accepts the Grantor's Property in its present
condition, as is, where is, with all faults, patent and latent, without any representations or
warranties whatsoever by Seller or Seller's agents. The Grantee assumes all risks associated
with the Grantor's Property including, but not limited to, risks arising out of the environmental
condition of the Grantor's Property; the nature of the soils thereof; utility extensions and
services; easements, rights -of -way, encroachments and other title matters; access to the Grantor's
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Property; the suitability of the Grantor's Property for the Grantee's intended use; and all other
matters relating to the Grantor's Property. Grantee acknowledges that neither the Grantor nor
any of Grantor's agents have made any representations or warranties whatsoever regarding the
Grantor's Property, and the Grantee agrees that if the Grantor, or any of the Grantor's agents,
have provided any documents or reports or made any representations whatsoever regarding the
Grantor's Property, the Grantee shall not rely directly or indirectly on any such documents,
reports or representations. Grantee assumes all risk that any adverse matter of whatever kind or
nature including, but not limited to, physical and environmental conditions of the Grantor's
Property may not be known by the Grantee or revealed upon inspection and investigation of the
Grantor's Property by the Grantee.
6. Release. The Grantee hereby releases the Grantor from any and all claims,
demands, actions, suits, and proceedings of whatever kind or nature that the Grantee may now
have or may have at any time in the future arising out of or as a result of the present or any future
condition of the Grantor's Property, except such claims as the Grantee may have for damage to
the Drainage Pipe caused by the negligent or intentional acts of the Grantor, its agents,
employees or contractors.
7. Insurance. The Grantee shall at all times maintain a policy or policies of liability
insurance in the minimum amount of $1,000,000, naming the Grantor as an additional insured.
The policy shall provide that it may not be cancelled without thirty (30) days prior written notice
of cancellation given to the Grantor. The Grantee shall provide a copy of the policy to the
Grantor, together with copies of all extensions or renewals of the policy. In the event the
Grantee fails to obtain and/or maintain the insurance herein required, the Grantor shall have the
right but not the obligation, to obtain such insurance and shall be entitled to reimbursement from
the Grantee upon demand for all costs and expenses incurred by the Grantor in obtaining such
insurance, together with interest on the premium at the rate of twelve percent (12%) per annum
from the date paid until reimbursed by the Grantee.
8. Appurtenant. The Easement shall be appurtenant to the Grantee's Property and
may not be sold, transferred, or conveyed separate from the transfer and conveyance of the
Grantee's Property. The Easement herein granted shall not be appurtenant to any land that may
hereafter come into common ownership with the Grantee's Property or that is contiguous to the
Grantee's Property. If the Grantee's Property is subsequently divided into two or more parcels
by separation of ownership, condominiumization, or lease, all such parcels shall enjoy the
benefits of and be subject to the burdens of this Easement.
9. Warranties of Title. The Grantor represents and warrants to the Grantee that the
Grantor is the owner of the Grantor's Property free and clear of liens and encumbrances and has
full right, power and authority to grant this Easement and shall warrant and forever defend title
to the Grantor's Property against any person or entity claiming by, through or under the Grantor,
subject to easements and rights -of -way in place or of record; restrictions, reservations,
exceptions, covenants, conditions, and agreements of record; real property taxes for the year
2013 and subsequent years; and inclusion of The Grantor's Property in any special taxing
district.
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10. Binding Effect. The benefits and burdens of this Easement shall run with the land
and shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement as of
the day and year first above written.
VILLAGES, LTD., a Colorado limited liability
company, ,
r
By:
President
REDTAIL PONDS PERMANENT SUPPORTIVE
HOUSING, LLLP, a Colorado limited liability
limited partnership
By:
ene 1 Partner '
10-31-13- v.1
4
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this j day of November,
2013, by ALIT n k :e r as President of VILLAGES, LTD., a Co orado limited liability
company.
Witness my hand and official seal.
My commission expires: T (o�_2
KATIE BEBERNISS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054026019
MY COMMISSION EXPIRES AUGUST 06, 2017
STATE OF COLORADO )
)ss:
COUNTY OF LARIMER )
Notary Public
The foregoing instrument was acknowledged before me this i day of November,
2013 by t f 3. E)ye �.pe,n as General Partner of REDTAIL PONDS
PERMANENT SUPPORTIVE HOUSING, LLLP, a Colorado limited liability limited
partnership.
Witness my hand and official seal.
My Commission Expires:_<) (0 ! 12
KATIE BEBERNISS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054026019
MY COMMISSION EXPIRES AUGUST 06, 2017
10-31-13- v.I
Notary Public
5
RECEPTION#: 20070007496, 01/30/2001 at 11:40:24 AM, 2 OF 8, Scott Doyle,
Larimer County, CO
ATTEST:
Title: ►���.�. _ Q..a.�
State of brake t 1
ss
County of L.watto-e-)
The foregoing instrument was acknowledged before me this U day of N a;r e-. , 200;S by
p9�a�s4 W c c� as -,and 'M i ckaaA W WALW Q��� i •• �--
Witness my hand and official seal.
My commission expires: ;2 1 g / Q &
Notary Publi
Accepted by the City of Fort %llins on the ltday of 200
5-S
RECEPTION#: 20070007496, 01/30/2007 at.11:40:24 AM, 3 OF 8, Scott Doyle,
Larimer County, CO
SUBORDINATION
TO
DEED OF DEDICATION FOR EASEMENT
THE UNDERSIGNED, having a security interest in all or any part of the real
estate described on Exhibit A attached hereto and incorporated herein by this reference
("the Property"), hereby approves, ratifies, confirms, and consents to the Deed of
Dedication for Easement and subordinates the priority of its security interest in the
Property to the Grant of Utility Easement.
IN WITNESS WHEREOF, the undersigned has executed this Subordination this
, fir' day of , 2006.
WOODLEY'S FINE FURNITURE, INC.
a Colorado corporation
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this'= day of of WOODLEY'S FINE FURNITURE, INC., a...fo�'c°d k:;r
corporation.
Witness my hand and official seal.rt
My commission expires: . Q� f r'K l QL002L ' �f • % , is a"'
Notary Public
RECEPTION#: 20070007496, 01/30/2061 at 11:40:24 AM, 4 OF 8, Scott Doyle,
Larimer County, CO
SUBORDINATION
TO
DEED OF DEDICATION FOR EASEMENT
THE UNDERSIGNED, having a security interest in all or any part of the real
estate described on Exhibit A attached hereto and incorporated herein by this reference
("the Property"), hereby approves, ratifies, confirms, and consents to the Deed of
Dedication for Easement and subordinates the priority of its security interest in the
Property to the Grant of Utility Easement.
14 IN WITNESS WHEREOF, the undersigned has executed this Subordination this
day of �iL( Lej2 l l , 2006.
WACHOVIA COMMERCIAL MORTGAGE,
INC., a Nvoersey corporatiog,
/!I_ //'l4F-nSri11TT —
ss.
COUNTY OF )
The foregoing instrument was acknowledged before met ' day of
, 2005, by as
of WACHOVIA COMMERCIAL MORTGAGE, IN ., a New Jersey corporation.
Witness my hand and offici eal.
My commission expir
Notary Public
w40 on �a(�ownq
Pa9P . .1
RECEPTION#: 20070007496, 01/30/2007 at 11:40:24 AM, 5 OF 8, Scott Doyle,
Larimer County, CO
r ,-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA)
COUNTY OF PLACER)
On March 16. 2006, before me, -,Joyce S. Avico, a notary public personally appeared Qonald E. Pierce
9 personally known to me - OR
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
��y
No ry ublic
JOvcE 8. AViCO
Commiaion# 1343876
Notary Pubik - coww is
Placer County
IOMYCW". Exo..11lt. %am
OPTIONAL
Notary Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
reattachment of this torn.
Description of Attached Document
Title of Type of Document Subordination to Deed of Dedication for Easement
Document Date: March 16 2006 Number of Pages:�3 fw/ exhibit 8 notary)
Signers) Other Than Named Above:
Cspacity(ies) Claimed by Signer
Signer's Name: Donald E. Pierce
❑ Individual
® Corporate Officer — Tltle(s): Vice President
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer is Representing: Wachovia Commercial Mortgage, Inc.
Right Thumbprint of Signer
Too of thumb here
RECEPTION#: 20070007496, 01/30/2007 at 11:40:24 AM, 6 OF 8, Scott Doyle,
Larimer.County, CO
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.
Registrati n No.?
Date:
RECEPTION#: 20070007496, 01/30/2007 at 11:40:24 AM, 7 OF 8, Scott Doyle,
Larimer County, CO
Exhibit A
Sight Distance Triangle
Lot 1, Weberg P.U.D.
A parcel of land located within Lot 1 of the Weberg, P.U.D., a subdivision being part of
Section 2, Township 6 North, Range 69 West of the 6th P.M. more particularly described
as follows:
BEGINNING at the Southwest (SW) Corner of Lot 1 of Weberg, P.U.D. and assuming
the Southerly line of Lot 1 as bearing South 88°44'48" East with all bearings herein
relative thereto:
THENCE Northerly along the are of a curve concave to the Northeast, said curve being on the
Easterly Right of Way of Fossil Boulevard, distance of 87.69 feet, said curve has a Radius of
213.00 feet, a Delta of 23035' 14" and is subtended by a Chord bearing North 25°45'24" West a
distance of 87.07 feet;
THENCE South 38°42' 14" East departing from the Easterly Right of Way of Fossil Boulevard a
distance of 101.20 feet to the South line of Lot 1, Weberg, P.U.D.;
THENCE along the South line of Lot 1, Weberg, RUM, North 88°44'48"W a distance of 25.45
feet to the TRUE POINT OF BEGINNING;
Said parcel of land contains 1,249 square feet, more or less.
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct to the beat of - Q and belief.
Steven A. Lund - on b
Colorado Registered Pi
Land Surveyor #34995
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)686-5011
JN:2003010
FILE: L:\ 2003010\SURVEY\SIGHT DISTANCE.doe
RECEPTION#: 20070007496, 01/30/2007 at 11:40:24 AM, 8 OF 8, Scott Doyle,
Larimer County, CO
I SIGHT DISTANCE TRIANGLE I EXHIBIT B I WEBERG, P.U.D.
SIGHT DISTANCE
TRIANGLE
1,249 sq. ft.
0.029 acres
4�9
ti0
— R-213.00
L-87.69 I
A-23'35'14"
CB-S25'45'24"E
CD-87.07
N88'44'48"W
25.45'
-------------------
9'-4caSS & Li4Awwac-z,
Vgvrwt
co fjRr � \
a
34
�OA \ 30' 15' . 0 30'
0 1 30'
TYING SSIlWffyo"' INC. PROJECT NO:2003010
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 10-9-03
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: NORTHSTAR
WWW.KINGSURVEYORS.COM DWG: 2003010EXH—SD
GRANT OF EASEMENT AND AGREEMENT
THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into thus
day of !r„��, 2013, by and between VILLAGES, LTD., a Colorado
limited liability company, th�addr�essf which is 1715 West Mountain Avenue, Fort Collins,
CO 80521 ("the Grantor") and REDTAIL PONDS PERMANENT SUPPORTIVE HOUSING,
LLLP, a Colorado limited liability limited partnership, the address of which is 1715 West
Mountain Avenue, Fort Collins, CO 80521 ("the Grantee").
WITNESSETH:
WHEREAS, the Grantor is the owner of the real property in the City of Fort Collins,
County of Larimer, State of Colorado, legally described in that certain Special Warranty Deed
dated August 30, 2013 and recorded September 14, 2013 at reception number 2013-0067750 of
the Larimer County, Colorado, records ("Grantor's Property").
WHEREAS, the Grantee is the owner of the real property in the City of Fort Collins,
County of Larimer, State of Colorado, legally described in that certain Special Warranty Deed
dated August 30, 2013 and recorded September 14, 2013 at reception number 2013-0067751 of
the Larimer County, Colorado, records ("the Grantee's Property").
WHEREAS, the Grantor is willing to grant to the Grantee a non-exclusive, perpetual
easement not to exceed sixty (60) feet in width over, across, and upon The Grantor's Property
("the Easement") for the construction, installation, maintenance, repair, improvement and use of
an underground storm water pipe ("the Drainage Pipe") to transport storm water runoff from the
Grantee's Property to a natural drainage channel located to the west of Grantor's Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby confessed and acknowledged, the Grantor, for itself and its successors and
assigns has granted, bargained, sold, and conveyed, and by these presents does hereby grant,
bargain, sell, convey, and confirm unto the Grantee, its successors and assigns, forever, a non-
exclusive, perpetual easement not to exceed sixty (60) feet in width over, across, and upon the
Grantor's Property for the construction, installation, maintenance, repair, replacement,
improvement and use of an underground storm water drainage pipe to transport storm water
runoff from the Grantee's Property to a natural drainage channel located to the west of Grantor's
Property, subject to the following terms, covenants, conditions and restrictions:
1. Location. The exact location of the Easement shall be determined by the Grantor,
subject to approval by the Grantee which approval shall not be unreasonably withheld,
conditioned or delayed. Upon determination of the exact location of the Easement, the
parties
shall execute and record an amendment to this Easement specifying the exact location of the
Easement by metes and bounds legal description ("the Amended Easement").
Contemporaneously with the execution of the Amendment, the Grantee shall execute a quit claim
deed or such other document or instrument as may be reasonably required by the Grantor to
10-31-13- v.1