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HomeMy WebLinkAbout137 - 11/19/2019 - AUTHORIZING THE CITY'S CONVEYANCE OF LAND TO FACILITATE THE REPLATTING OF THE LOT ON WHICH THE CITY'Lot 20 Lot 2 Lot 1 Lot 20 Air Space Lot 8 Tract J Tract J Part of Lot 2 Macy's West Stores, Inc. to the City of Fort Collins Part of Lot 20 the City of Fort Collins to Walton Foothills Holdings VI, L.L.C. Part of Lot 20 the City of Fort Collins to Macy's West Stores, Inc. Part of Lot 1, below elevation 5043.3' Walton Foothills Holdings VI, L.L.C. to the City of Fort Collins Part of Tract J, above elevation 5037.9' Walton Foothills Holdings VI, L.L.C. to the City of Fort Collins Part of Tract J Walton Foothills Holdings VI, L.L.C. to the City of Fort Collins Part of Lot 8, above elevation 5037.9' Walton Foothills Holdings VI, L.L.C. to the City of Fort Collins FOOTHILLS MALL REDEVELOPMENT SUBDIVISION Project No: Reviewed: Drawn by: Field Book: Date: Walton Foothills Holdings VI, LLC 5750 DTC Parkway, Greenwood Village, CO Quit Claim Parcel Exhibit Foothills Mall Redevelopment Subdivision (970) 484-7477 / info@f-w.com Fort Collins, CO 1 of 1 FORT COLLINS, COLORADO 80525 GROUP 1612 SPECHT POINT ROAD, SUITE 105 0 U.S. SURVEY FEET SCALE: 1"=30' 15 30 60 Quit Claim Parcel Exhibit General Note: This exhibit is for informational purposes only. Refer to quit claim exhibits and descriptions for additional information. EXHIBIT PARCELS ARE NOT SHOWN TO SCALE EXHIBIT A 15969156 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Brownstein Hyatt Farber Schreck, LLP 410 17th Street, Suite 2200 Denver, CO 80202 Attention: Kathy Golden SPACE ABOVE THIS LINE FOR RECORDER’S USE BARGAIN AND SALE DEED [Statutory Form - C.R.S. § 38-30-115] [CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED] CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado (“Grantor”) with a legal address of ___________________________, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to MACY’S WEST STORES, INC., an Ohio corporation (“Grantee”), which has an office at _____________________, all of Grantors’ right, title and interest in and to the following real property, with all its appurtenances, located in the County of Larimer, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. Dated this _____ day of ____________, 2019. [Signature Page Follows] EXHIBIT B [Signature Page to Bargain and Sale Deed – City of Fort Collins] 15969156 IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date set forth above. GRANTOR: CITY OF FORT COLLINS, COLORADO a municipal corporation of the State of Colorado By: Name: Darin A. Atteberry Title: City Manager STATE OF COLORADO ) ) ss. COUNTY OF ___________ ) The foregoing instrument Deed was acknowledged before me this ____ day of ________, 2019, by Darin A. Atteberry, the City Manager of the City of Fort Collins, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires: Notary EXHIBIT B Exhibit A 15969156 EXHIBIT A Legal Description That part of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776 and located in the Southwest Quarter of Section 25, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, described as follows: Beginning at the Northerly corner of said Lot 20, witnessed by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC 82; Thence South 45°09'24" East for 48.01 feet on the Northeasterly line of said Lot 20; Thence South 44°51'09" West for 1.68 feet; Thence North 45°08'52" West for 48.01 feet to the Northwesterly line of said Lot 20; Thence North 44°51'07" East for 1.67 feet on said Northwesterly line to the Point of Beginning. Contains 80 square feet, (0.00184 acres) more or less. Basis of Bearing: The Northwesterly line of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776, bears South 44°51'07" West, as witnessed on each end by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC 82, with all bearings herein relative thereto. I hereby state that the attached description was prepared by me or under my responsible charge using applicable standards of practice and is accurate to the best of my knowledge, information and belief. This is not intended to represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is not a guarantee or warranty, either expressed or implied. It is intended to describe the area illustrated on the accompanying exhibit. October 17, 2017 Revised January 24, 2018 David J. Berglund, Colorado PLS 38199 For and on behalf of Farnsworth Group, Inc. 1612 Specht Point Road, Suite 105 Fort Collins, CO 80525 Phone: (970) 484-7477 EXHIBIT B Exhibit A 15969156 EXHIBIT A (CONT.) EXHIBIT B 15969147 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Brownstein Hyatt Farber Schreck, LLP 410 17th Street, Suite 2200 Denver, CO 80202 Attention: Kathy Golden SPACE ABOVE THIS LINE FOR RECORDER’S USE BARGAIN AND SALE DEED [Statutory Form - C.R.S. § 38-30-115] [CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED] CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado (“Grantor”) with a legal address of ___________________________, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company (“Grantee”), which has an office at _____________________, all of Grantors’ right, title and interest in and to the following real property, with all its appurtenances, located in the County of Larimer, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. Dated this _____ day of ____________, 2019. [Signature Page Follows] EXHIBIT C [Signature Page to Bargain and Sale Deed – City of Fort Collins] 15969147 IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date set forth above. GRANTOR: CITY OF FORT COLLINS, COLORADO a municipal corporation of the State of Colorado By: Name: Darin A. Atteberry Title: City Manager STATE OF COLORADO ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ________, 2019, by Darin A. Atteberry, the City Manager of the City of Fort Collins, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires: Notary EXHIBIT C Exhibit A 15969147 EXHIBIT A Legal Description That part of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776 and located in the Southwest Quarter of Section 25, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, described as follows: Commencing at the Northerly corner of Lot 20, said Foothills Mall Redevelopment Subdivision, witnessed by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC 82; Thence South 45°09'24” East for 48.01 feet on the Northeasterly line of said Lot 20 to the Point of Beginning; Thence continuing South 45°09'24” East for 14.05 feet on said Northeasterly line; Thence South 44°51'08" West for 1.68 feet; Thence North 45°08’52” West for 14.05 feet; Thence North 44°51'09" East for 1.68 feet to the Point of Beginning. Contains 24 square feet, (0.00054 acres) more or less. Basis of Bearing: The Northwesterly line of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776, bears South 44°51'07" West, as witnessed on each end by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC 82, with all bearings herein relative thereto. I hereby state that the attached description was prepared by me or under my responsible charge using applicable standards of practice and is accurate to the best of my knowledge, information and belief. This is not intended to represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is not a guarantee or warranty, either expressed or implied. It is intended to describe the area illustrated on the accompanying exhibit. October 17, 2017 Revised January 24, 2018 David J. Berglund, Colorado PLS 38199 For and on behalf of Farnsworth Group, Inc. 1612 Specht Point Road, Suite 105 Fort Collins, CO 80525 Phone: (970) 484-7477 EXHIBIT C Exhibit A 15969147 EXHIBIT A (CONT.) EXHIBIT C 15969240 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Brownstein Hyatt Farber Schreck, LLP 410 17th Street, Suite 2200 Denver, CO 80202 Attention: Kathy Golden SPACE ABOVE THIS LINE FOR RECORDER’S USE BARGAIN AND SALE DEED [Statutory Form - C.R.S. § 38-30-115] [CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED] MACY’S WEST STORES, INC., an Ohio corporation (“Grantor”) with a legal address of ___________________________, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado (“Grantee”), which has an office at _____________________, all of Grantors’ right, title and interest in and to the following real property, with all its appurtenances, located in the County of Larimer, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. Dated this _____ day of ____________, 2019. [Signature Page Follows] EXHIBIT D [Signature Page to Bargain and Sale Deed – Macy’s West Stores, Inc.] 15969240 IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date set forth above. GRANTOR: MACY’S WEST STORES, INC., an Ohio corporation By: Name: Carl L. Goertemoeller Its: Senior Vice President STATE OF __________________ ) ) ss. COUNTY OF ________________ ) The foregoing instrument was acknowledged before me this ____ day of ________, 2019, by Carl L. Goertemoeller, as Senior Vice President of Macy’s West Stores, Inc., an Ohio corporation. Witness my hand and official seal. My commission expires: Notary EXHIBIT D Exhibit A 15969240 EXHIBIT A Legal Description That part of Lot 2, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776 and located in the Southwest Quarter of Section 25, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, described as follows: Beginning at the Westerly corner of Lot 20, said Foothills Mall Redevelopment Subdivision, witnessed by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC 23; Thence North 44°08'54" West for 0.28 feet; Thence North 44°56'52" East for 91.86 feet; Thence South 45°08'52" East for 0.12 feet to a line common to the Northwesterly line of said Lot 20; Thence South 44°51'07" West for 91.86 feet to the Point of Beginning. Contains 18 square feet, (0.00042 acres) more or less. Basis of Bearing: The Northwesterly line of Lot 20, Foothills Mall Redevelopment Subdivision, recorded at the Larimer County, Colorado Clerk and Recorder's Office on June 4, 2014 at Reception Number 20140028776, bears South 44°51'07" West, as witnessed on each end by a mag nail & 1-1/2" aluminum washer stamped PLS 38199 WC 82, with all bearings herein relative thereto. I hereby state that the attached description was prepared by me or under my responsible charge using applicable standards of practice and is accurate to the best of my knowledge, information and belief. This is not intended to represent a Land Survey Plat, Improvement Survey Plat or Improvement Location Certificate and is not a guarantee or warranty, either expressed or implied. It is intended to describe the area illustrated on the accompanying exhibit. October 17, 2017 Revised January 24, 2018 David J. Berglund, Colorado PLS 38199 For and on behalf of Farnsworth Group, Inc. 1612 Specht Point Road, Suite 105 Fort Collins, CO 80525 Phone: (970) 484-7477 EXHIBIT D Exhibit A 15969240 EXHIBIT A (CONT.) EXHIBIT D 15969135 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Brownstein Hyatt Farber Schreck, LLP 410 17th Street, Suite 2200 Denver, CO 80202 Attention: Kathy Golden SPACE ABOVE THIS LINE FOR RECORDER’S USE BARGAIN AND SALE DEED [Statutory Form - C.R.S. § 38-30-115] [CONVENIENCE DEED – NO DOCUMENTARY FEE REQUIRED] WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company (“Grantor”) with a legal address of ___________________________, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado (“Grantee”), which has an office at _____________________, all of Grantors’ right, title and interest in and to the real property, with all its appurtenances, located in the County of Larimer, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. Dated this _____ day of ____________, 2019. [Signature Page Follows] EXHIBIT E [Signature Page to Bargain and Sale Deed – Walton Foothills Holdings VI, L.L.C.] 15969135 IN WITNESS WHEREOF, Grantor has executed this Bargain and Sale Deed on the date set forth above. GRANTOR: WALTON FOOTHILLS HOLDINGS VI, L.L.C., a Delaware limited liability company By: W Foothills JV VI, L.L.C., a Delaware limited liability company, its Sole Member By: Foothills Alberta Member, LLC, a Colorado limited liability company, its Administrative Member By: Name: Donald G. Provost Its: Manager STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this ____ day of ________, 2019, by Donald G. Provost, as Manager of Foothills Alberta Member, LLC, a Colorado limited liability company, as Administrative Member of W Foothills JV VI, L.L.C., a Delaware limited liability company, as the Sole Member of Walton Foothills Holdings VI, L.L.C., a Delaware limited liability company. Witness my hand and official seal. My commission expires: Notary EXHIBIT E Exhibit A 15969135 EXHIBIT A Legal Description EXHIBIT E Exhibit A 15969135 EXHIBIT A (CONT.) EXHIBIT E Exhibit A 15969135 EXHIBIT A (CONT.) EXHIBIT E Exhibit A 15969135 EXHIBIT A (CONT.) EXHIBIT E Exhibit A 15969135 EXHIBIT A (CONT.) EXHIBIT E Exhibit A 15969135 EXHIBIT A (CONT.) EXHIBIT E Exhibit A 15969135 EXHIBIT A (CONT.) EXHIBIT E Exhibit A 15969135 EXHIBIT A (CONT.) EXHIBIT E