HomeMy WebLinkAbout090 - 08/15/2000 - AUTHORIZING THE MAYOR TO EXECUTE A DEED ESTABLISHING AND LIMITING RIGHTS OF ACCESS ALONG A CERTAIN P ORDINANCE NO. 90, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A DEED ESTABLISHING
AND LIMITING RIGHTS OF ACCESS ALONG A CERTAIN PORTION OF STATE
HIGHWAY NO. 68 (HARMONY ROAD), AND ACCEPTING A QUIT CLAIM FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION TO THE CITY ELIMINATING
EXISTING RIGHTS AND LIMITATIONS OF ACCESS
WHEREAS, as the result of the City's approval of the Preston Center at Wild Wood
Business Park First Filing (the "Development") it has become necessary to amend the access line
("A-Line") for East Harmony Road adjacent to the Development; and
WHEREAS, the City is the owner of a certain street that has been dedicated on the plat for
the Development known as Gifford Court; and
WHEREAS,the Colorado Department of Transportation("CDOT")has required the City's
participation in the execution of a warranty deed from the various property owners to CDOT
establishing a new A-Line for that portion of East Harmony Road; and
WHEREAS, CDOT has further conveyed by quit claim deed its interest in the access and
limitations of the presently existing A-Line along that portion of Harmony Road and has requested
the City's acceptance of said deed; and
WHEREAS, until the aforesaid quit claim deed has been accepted by the City and the
warranty deed executed by the Mayor(and access permits granted by CDOT the developer),Gifford
Court, although constructed, cannot be connected to East Harmony Road; and
WHEREAS,Council has determined that it is in the best interests of the citizens of the City
that the aforesaid A-Line amendments be made in order to enable the developer to complete its
obligations for public infrastructure necessitated by reason of the approval of the Development;and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City,provided the Council first
finds by ordinance that any sale or other disposition of real property owned by the City is in the best
interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Mayor be and hereby is authorized to execute a warranty deed
establishing and limiting rights of access to East Harmony Road (State Highway No. 68) adjacent
to the Preston Center at Wild Wood Business Park First Filing, which deed is attached hereto and
incorporated herein by this reference as Exhibit "A"; and that the City Council finds that this
disposition of real property is in the best interest of the City of Fort Collins.
Section 2. That the Council does hereby accept the quit claim deed eliminating the
present rights and limitations of access to East Harmony Road(State Highway No. 68) adjacent to
the Preston Center at Wild Wood Business Park First Filing, which deed is attached hereto and
incorporated herein by this reference as Exhibit "B".
Introduced and considered favorably on first reading and ordered published this 18th day of
July, A.D. 2000, and to be presented for final passage on the 15th day of August, A.D. 2000.
Mayor
ATTEST:
- A
City Clerk iut]
Passed and adopted on final reading this 15th day of August, A.D. 2000.
ayor
ATTEST:
Z
City Clerk
Ey""IT A
PAGE 1 OF 2
QUITCLAIM DEED
THIS DEED,dated May 22, 2000
between DFPARDW OF 1RANSperM4 N, SD1TE CF 03jyAD0
of the C CIY AM *County of j)jL(M and State of
Colorado,grantor(s),and City of Fort Collins, First Choice Flank,
Western VIE InvesGnattlijIC, a Delaosre limited liability company
The(mp Inc., Rol.Estate Associates, A Colorado Corporatim and
Max R. avenlee, Jr. and Elizabeth&eallee
whose legal address is 300 laporte Avenue, Ft. Collins, OD 80521
of the County of LAMMFR and State of Colorado grantee(s),
WITNESS,that the grantoe(s),for and in consideration of the sum of
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged,he remised,released,sold and QUITCLAIMED,and by these
presents do remise,release,sell and QUITCLAIM unto the grantee(s), heirs,successors and assigns forever,all
the right,title,interest,claim and demand which the grantors)ha in and to the real property,together with improvements,if any,
situate,lying and being in the County of IARM and State of Colorado,
described as follows:
SEE ETA=Elf"Ar'DATED AD=23, lW9 FOR:
PRAM XJM- SOOW5)
PAXM MMM: AD-22
SU13kCP TO ANY AND AIL EASMIS CF RaMM, AND TO ANY AND ALL EICLSTINO Urr=AS OxSDd.L'!FD
AND FOR TEED(MADnEQN(E AS NqMMW.
also known by street and number as:
assessor's schedule or parcel number.
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges dwreunto belonging,or in anywise
thereunto appertaining,and all the estate,right.title,interest and claim whatsoever of the grantors),either in law or equity,to the only
proper use,benefit and behoof of the grantee(s) heirs and assigns forever.
IN WITNESS WHEREOF.the grantors)ha executed this deed on the date set forth above.
ATIM: DFPARDW OF TR4EFCFCAT KN,
,( n J �� I i n SM OF�CRADO
-TClL$ASdd. BFI�(NEIT, CHIEF C[m FOR RIW WAY. ,�.,iilL(gF
3I. EL11511Era, CHIEF ISC2NM
STATE OF COLORADO
City and County of Denver
The foregoing instrument was acknowledged before me this 22nd day of May 2000
by Jahn M. Unbewust for William F. Reisbeck, Chief Engineer and Douglas W.
Bennett, Chief Clerk for Right of Way, DEPARTMENT OF TRANSPORTATION, STATE OF
COLORADO. Witness my hand and official seal.
4;�'gfF 4�r0 My conunission expires: /7?C/.� ///dUU a
�i 110TA 13 y ti JJ
•v�r ..u„n'rtn w'. : PUBLIC :
�Y was
_ OFCOLOQP r+mWAda aran.C�jN•wrQarndDwl ts3s-3smss.cas.>
No.933.Rev.4-94. QUITCLAIM DEED
Bmdford Publiddna,1743Wome SL.Dinm.Cp80202-303-292-25(D.w .bnafor4ubasNaa.eom-3-2000
^ SIT A
PAGE 2 OF 2
EXHIBIT"A"
PROJECT NUMBER:S0068(2)
PARCEL NUMBER:AO-22
DATE:August 23,1999
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS to and from any part of the Right
Of Way of Colorado State Highway No.68,a freeway established according to the laws
of the State of Colorado,along or across the access line or lines described as follows:
Project No. Parcel No. Location of line
S0068(2) AO-22 Southerly
Commencing at the Northeast Corner of Section 5,Township 6 North,Range 68 West of
the 6"'Principal Meridian,Larimer County,Colorado;
Thence S01 027'42"E along the East line of the Northeast Quarter of said Section 5,a
distance of 111.90 feet;
Thence S84004'30"W,a distance of 30.10 feet to the West Right of Way of the County
Road(July 1969)and Point of Beginning;
Thence N48037'00"W,a distance of 67.80 feet;.
Thence S84°04'30"W,a distance of 218.60 feet;
Thence on the arc of a curve to the right having a delta of 05044'00";a radius of 5810.00
feet;a distance of 581.38 feet;the chord of which bears S87045'31"W a distance of
581.14 feet;
Thence N86050'30"W,a distance of 113.20 feet;
Thence N89°22'30"W,a distance of 150.00 feet to the center of a 24 foot opening;
Thence continuing N89022'30"W,a distance of 638.40 feet to the West line of Preston
Center at Wild Wood Business Park First Filing,City of Fort Collins,County of Larimer,
State of Colorado.
Basis of Bearings: The East line of the Northeast One-quarter of said Section 5,being
monumented at the northeast corner by a 3"brass cap stamped"Larimer County
Horizontal Control"in asphalt and at the East One-quarter corner by a 2"aluminum cap
stamped"LS 14829,1994"is assumed to bear S01 02742"E.
This conveyance is made to remove a portion of the access control described by deed
dated April 13, 1970 and recorded Reception No.978988 Larimer County Records.
✓ o��tUtuuuuliiiiii
G m `O�pK REC"sl G,'��ii
Professional L nd Surveyor
Colorado P.L.S.No.24307 E 207
For and on behalf of JR Engineering $ __
2620 E.Prospect Road,Suite 190 a
Fort Collins,CO 80525
EXHIBIT B
PA -1 017 5
WARRANTY DEED
F7Of
DEED,made this day of
n CITY CF FCRT CDILM, FBg C HXCB RANK,
2E1 VII IIMWI M3, IIC, A DE MRE LIMCIED LiAffiIEIY OMANY,
W INC., REAL ESTATE ASSOCfA'1F3, A CIIJWM OOR (N AND 9NNr
•County of IARM and State of
031RArO ,grantor,and DEPARRM CF 'ATIM
SPATE CF OCIJRADD
whose legal address is 4201 E. ARKANSAS AVENUE
DRIVER, CD 80222
I
of the (3TY AND County of DFPNIIt and State of 01MM I
.grantee:
WITNESS,that the grantor,for and in consideration of the sum of
the receipt and sufficiency of which is herebyacknowledged,has s don gran,
B Brasted,bargained,sold and conveyed,and by these presents does grant,
bargain,sell,convey and confim unto the grantee,his heirs and assigns forever,all the real property,together with improvements,if any,
situate,lying and being in the County of 1 j RDMR
and State of Co
described as followsColorado,
i
I
i
I
SEE ATTA( M E HM T'DATED AUM 23, 1999 FCR:
PRAM NH ER: =8(5)
PARCEL NIPPER: AC-22
I
SUEM M ANY AND ALL EASHOM CF RECIXD, AND M ANY AND ALL EKIMW UfII=AS OSSIIIUCIFD,
AND FCR UM MAINS AS MUSSARY.
x*a NA%R. GIEPN[FE, JR. AND E[MEEDI(M
also known by street and number as:
assessor's schedule or parcel number.
TOGETHER with all and singular the hereditaments and appurtenances themunio belonging,or in anywise appertaining,the reversion
and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand
whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said Premises above bargained and described,with the appurtenances,unto the grants,his heirs and
assigns forever.The grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain,and agree to and with the
grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above
conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and
lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same arc fire and clear from all
former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature saver,except
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession
of the grantee,his heirs and assigns.against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
STATE OF COLORADO
1 ss.
County at J -
The foregoing instrument was acknowledged before me this day of
by .
Witness my hand and official seal.
My commission expires:
"fin Demer,insert"City and". '
Koh"Paboc
Nwe avd AddruafPmoe CYrarial NnrIY CmW t�Dmipnioa(I3a3}106.3,CRa)
No.932A.Rn.4.94. WARRANTY DEED(Far PWor phte sae«a)
Bradford Pubusaiaa 1743 Wa A,Deem.CO 30202—(303)292-2500-12.97
JUN-08-00 THU 10:46 AM '"STERN PROPERTY FAX:9702234671 -QIkMIT B
PAGE 2 OF 5
The Group Inc.,Real Estate Associates
A Colorado Corporation
By: Sharianne Daily, President
State of Colorado }
}
County of Larimer }
The foregoing instrument was acknowledged before me on this_day of 2000 by
Sharianne Daily as President of The Group,Inc.,Real Estate Associates,a Colorado Corporation
Witness my hand and official seal
My commission expires:
Notary Public
Max R.Greenlee,Jr Elizabeth C.Greenlee
Tenant in common Tenant in common
State of Colorado }
}
County of Larimer }
The foregoing instrument was acknowledged before me on this_day of 2000 by
Max R.Greenlee,Jr.and Elizabeth C.Greenlee,as Tenants in Common
Witness my hand and official seal
My commission expires:
Notary Public
JUN-0810 THU 10:46 AM ";TERN PROPERTY FAX:9702234671 EXHIBIT B
CAGE 3 OF 5
_ ] Choice Bank
By: Michael K. Sanders,President
State of Colorado }
}
County of Larimer }
The foregoing instrument was acknowledged before me on this_day of ,2000 by
Michael K. Sanders as President of 1°Choice Bank
Witness my hand and official sea]
My commission expires:
--_ Notary Public
Western VII Investment,LLC
A Delaware Limited Liability Company
By:Western Property Advisors,Inc.,a
Colorado Corporation As Attorney-in-Fact
By Stanley E.Whitaker,Jr,Vice President
State of Colorado }
}
County of Larimer }
The foregoing instrument was acknowledged before me on this_day of .2000 by
Stanley E.Whitaker,Jr.,Vice President of Western Property Advisors,Inc.,a Colorado
Corporation as Attorney-in-fact for Western VII,Investment,LLC,a Delaware Limited Liability
Company.
Witness my hand and official seal
My commission expires;
Notary Public
EXHMff B
_AGE40F5
EXHIBIT"B"
PROJECT NUMBER:S0068(5)
PARCEL NUMBER:AC-22
DATE:August 23,1999
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from
any part of the Right of Way of Colorado State Highway No.68,a freeway established
according to the laws of the State of Colorado,and from and to any part of the said real
property of the Grantor in Lots 3,4 and 5,and Gifford Court in Preston Center at Wild
Wood Business Park First Filing and other property in the Northeast Quarter of Section
5,Township 6 North,Range 68 West,of the 6 Principal Meridian,in Larimer County,
Colorado abutting upon said Highway,along or across the access line or lines described
as follows:
Project No. Parcel No. Location of line
S0068(5) AC-22 Southerly
Commencing at the Northeast Comer of Section 5,Township 6 North, Range 68 West of
the 6 Principal Meridian,Ladmer County,Colorado;
Thence S01 T7'42"E along the East line of the Northeast Quarter of said Section 5,a
distance of 83.17 feet;
Thence S88°32'18"W,a distance of 63.50 feet to the Point of Beginning;
Thence N48037'00'W,a distance of 22.12 feet;
Thence S84004'30"W,a distance of 218.60 feet;
Thence on the arc of a curve to the right having a delta of 05044'00";a radius of 5810.00
feet;a distance of 581.38 feet;the chord of which bears S87045'31"W a distance of
581.14 feet;
Thence N86050'30"W,a distance of 51.30 feet to the center of a 123.80 foot opening
which is being excepted from this access limitation;
Thence continuing N86050'30"W,a distance of 61.90 feet;
Thence on the arc of a curve to the left having a delta of 90000'00";a radius of 30.00
feet;a distance of 47.12 feet;the chord of which bears S45037'30"W a distance of 42.43
feet to the west line of said Preston Center at Wild Wood Business Park First Filing,City
of Fort Collins,County of Larimer,State of Colorado.
The right of the Grantor to have the following points of access at the location set forth
hereafter,to be limited in use by the Grantor to the width and location designation
according to the centerline stationing of the Grantee's Project Number:S0068(5).
CENTER OF ACCESS OPENINGS OPPOSITE
WIDTH LT.OR RT. CENTERLINE STATION
123.80 FOOT RT 148+62
EXMff B
PAGE 5 OF 5
Basis of Bearings: The East line of the Northeast One-quarter of said Section 5,being
monumented at the northeast corner by a 3"brass cap stamped"Larimer County
Horizontal Control"in asphalt and at the East One-quarter comer by a 2"aluminum cap
stamped"LS 14829, 1994"is assumed to bear S01 027'42"E.
Gary
Professional lan&SuKeyor = F 243t17
Colorado P.L.S.No.24307 = o
For and on behalf of JR Engineering2620 E.Prospect Road,
Fort Collins,COuite 190
O 88 525