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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