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HomeMy WebLinkAboutMILLER BROTHERS FOOTHILLS SIXTH REPLAT PART OF TRACT A KING SOOPERS FUELING STATION - Filed RD-ROW DEDICATION -DEED OF DEDICATION FOR RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS: 'That the undersigned Dillon Companies, Inc., a Kansas corporation dba King Soopers, beina the owner of conreal property in Lari-mbrCounty, Colorado legally described at Reception No - in LanmerCo CountyRecords, 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 ingressnd 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 ofFort Collins, its heirs, successors, assignsa devisees, administrators and representatives and shall inure to the benefit of Grantor, its heirs, successors, assigns, devisees, administrators and WIMSentativeS. Grantor hereby agrees that, at such tame 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 HUI. Road and/or Elizabeth St reetGrantor will execute an Easement Release Agreement in the fame form as that attached hereto ` `° theserved-Easement-and-will remove Wcurb-line; drive lanes and landscaping from said dedicated right of way. The City Of Fort Collins shall give Ckantw thirty (30) days written notice when the Citydeteimines that Grantor must execute the said Easement Release Agreement. If the Grantor has failed or WRISes 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 Trdct "A" of the Replat of the Miller BrothersFoothills Subdivision Sixth Filing, which is occupied as a'mns.Sooperr fueling facility after ten (10) days written notice of such revocation. Witness our hands and seals this kky of 2008. n'# -`mate-v RECEPTION#. 20080082157, 12131% 2008 at 02:43:21P-M, 1 of 8, R $41.00 State DocWnentary Fee 0.00 TDPgs: 0 Scott Doyle, L, arimer County, CO State of ss County of Aw) Grantor: Dillon Companies, Inc., a Kansas corporation dba King Soopers Name and Address: Dillon Companies, Inc, c% King Soope&City Market 65 Tejon Street Denver, CO 80223 The foregoing instrum t was acknowledged before me 1itcz f ct;c6cn j- ,and Witness my h@nd and official seat. My commiss #n expires: 2'008, by This Deed of Dedication is accepted by the Director of Community Planning and Environmental S pursuant to Section 2.1.5 of the Land Use Code of theyCity ofFortCollins thus day of 200 Steve ash" As delegee for the Director of Community Planning and Environmental Services EXHIBIT A A TRACT OF LAND LOCATED IN TRACT W 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 OK THENCE N 00r32'00lW ALONG THE WEST RIGHT OF WAY LINE OF TAFT HILL ROAD A DISTANCE OF 569.57' FEET TO THE POINT OF BEGINNING: THENCE THE FOLLOWING 11 COURSES: 1) S 89'28'00° 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 69°38'2e, A RADIUS OF 12.50 FEET, A ARC LENGTH OF 19.56 FEET, THE CHORD OF WHICH BEARS N 45621'120W 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 WHIOH BEARS N 8002Y5M A DISTANCE OF 63.39' FEET; 5) N 70037W W TANGENT TO THE PRECEDING CURVE TO A POINT ON THE WEST LINE OF LOT 1, REPLAT OF TRACT OR OF THE REPLAT OF MILLER BROTHERS FOOTHILLS SUBDIVISION SIXTH FILING A DISTANCE OF 41.67' FEET; 5) N 00°32'0(" 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 70'37'3(r E ALONG THE SOUTH RIGHT OF WAY LINE OF ELIZABETH STREET TANGENT TO THE'FOLLOWING CURVE A DISTANCE OF 4409' 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 80°1(Y3(rE A DISTANCE OF 59.73' FEET; 9) S 890433W 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 89*11'301', A RADIUS OF 15.00 FEET, A ARC LENGTH OF 23.35 FEET, THE CHORD OF WHICH BEARS S 45Vr45°E A DISTANCE OF 21.06'; 91) S Q0°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 W 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 OFfi0C GALLOWAY INC. F. G 5350 DTC PARKWAY v 4 GREENWOOD VILLAGE, CO 80111 26M DATE PREPARED 04/30/2008 JOB NO. KS112 PREPARED BY: MATTHEW DUHAIME P.E., P.L. , aEA;;p4 1N WW-LE ST. R=180.00' CH=59.73S89'43'3( 580 ' t 0'30-"E 10.1 N00' 32'00'_'W -t 7. 13' e 1 f ! R=186.70' 11=89'38'24" e R=12:50' L=63.70' L= 73.56 1 CH=63.39' CH= 17.62' N80'2356"W N45721' 12"W 0 1 Pm, QFL 7W F or I PART OF TRACT "A" OF Ni $ _ THE REPIAT OF $' o W. Fl 8 ---_ MILLER BROTHERS 1" ! FOOTHILLS SUBDIVISION. SIXTH ILtNG g o 31 in 0 10 20 30 ---r r — - LOT : _ W A..r i• rr • 1 PAR4REPtAT LLER. EOF r, ! ( I W! 1 SCALE? 1 "-30' LQ rf • - F, t,1,,99AFlUNG 111a= 89'11'30' R= 15.00' LQ23:. 35' TE ` 1_CORNElii I NOTHUSEXHIBITDOESNOTREPRESENTAMONUMENTEDSURVEY, OF TRACT "A" IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. I Icing Soopers, PREPARED 8Y: Division of Dillon Componies Gi a moray 65 •Tejon Street p1p,A . e Denver, Colorodo 80223 s96DpipPmlairY Phone: ( 303) 715-4500 Gmm0odVm%%00mij Fox. ( 343) 778-3349 Wa71MeM O amno e a= t1roject No: MFD Designed l3 MFD Date: 4/30/2008 Store 9 Fart Collins Sheet Scale: 1 °_3d' Drawn By. MFD isk F+le: KS112_.row_exhibii I Elizabeth & Taft 11: 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, Coloradb 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. , I arimer County: Records. In consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby ackmowledgred, and other good and valuable consideration, Grantor for itself, its heirs, successors, assigns, devisers, 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 For 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 pact hereof. Witness our hands and seals this day of , 20 . Grantor: Dillon Companies, Inc., a Kansas corporation dlta King Soopers 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 W 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 00°32'00°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 11.0(r FEET,• 2) N 00°32'00" W A DISTANCE OF 105.93' FEET; 3) ALONG THE ARC OFA TANGENT CURVE TO THE LEFT, HAVING A DELTA OF 89°38'24°, A RADIUS OF 1150 FEET, A ARC LENGTH OF 19.56 FEET, THE CHORD., 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°32'55°, A RADIUS OF 186.70 FEET, A ARC LENGTH OF 63.70 FEET, THE CHORD OF WHICH BEARS N 8002356°W A DISTANCE OF 63.39' FEET; 5) N 70.3T30° W TANGENT TO THE PRECEDING CURVE TO A POINT ON THE WEST LINE OF LOT 1, REPLAT OF TRACT W OF THE REPLAT OF MILLER BROTHERS FOOTHILLS SUBDIVISION SIXTH FILING A DISTANCE OF 41.67' FEET; 6) N W32'00" 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 1900&0(r, 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-W 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 89°11'30°, 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-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 W OF THE REPLAT OF MILLER BROTHERS FOOTHILLS SUBDIVISION, SIXTH FILING BEING ASSUMED TO BEAR S 0003TOO E. SAID TRACT OF LAND CONTAINS 2149 SO. FT. MORE OR LES: PREPARED ON AND FOR THE BEHALF OF 0C GALLOWAY INC. „ ' W F. Op 5350 DTC PARKWAY 'Pt4D GREENWOOD VILLAGE, CO 80111 261M DATE PREPARED 04/30/2008 + yo 17,o8 JOB NO, KS112 . PREPARED BY: MATTHEW DUHAIME P.E., P.L. , ptce ino. 161124d& R0W4A0A1_doc