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HomeMy WebLinkAboutWATER'S EDGE @ RICHARD'S LAKE - MOD. OF STAND. - 58-86I - CORRESPONDENCE - (12)STATE OF COLORADO COUNTY OF LARIMER 1 do hereby certify that the within and For8gomg is a full try�r artd t copy Of /f/o�,, . �, Gt,. �FJ as it appears of record in ng office in Book at page Reception No. i 0 3 Witness my hand and official seal at Fort Co 'ns. Colorad IN .day { of ��Jnuu p' o e. o RCPTN # 97033898 05/30/97 16:30:00 # PAGES - 1 FEE - M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - WARRANTY DEED $6.00 $30.70 t THISDEED, Madethis 27th day of May .19 97 . between James A. Erthal and Pamela J. Erthal oftheCounty of Larimer andStateof Colorado grantor. and Patrick If. Renworth and Noreen E. Reist y�R STATE DOCUMENTARY FEE w o.elegaladdressts 1817 Serramonte Drive, Fort Collins, Colorado 80524 oftheCounty of Larimer and State of Colorado •grantees WITNESS. That the grantor, for and in consideration of the sum of THREE HUNDRED SEVEN THOUSAND AND N0/100----------------------------------------------------------------------- ---------------------------------------------DOLLARS•($307,000.00 ).the receipt and sufficiency of which is hereby acknowledged, has grunted, bargained, sold and conveyed• and by these presents does grant, bar- gain, sell. convey and confirm. unto the grantees, their heirs and assigns forever. not In tenancy In common but In joint tenancy, all the real property together with improvements, if any situate. lying and being in the County of Larimer and State of Colorado, described as hollows: All of Lot 1 Block 2, SERRAMONTE HIGHLANDS and the West 1/2 of the vacated Corte Saratoga lying South of the South right-of-way of Serramonte Drive, County of Larimer, State of Colorado also known by street and number as 1817 Serramonte Drive, Fort Collins, Colorado 80524 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainlers, 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 grantees. their heirs and assigns forever. And the grantor, for himself. his heirs and personal representatives, does covenant grant bargain and agree to and with the grantees, their 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 hargain..sell and convey the same in manner and form as aforesaid. and that the same are tree and clear from all former and other grants. bargains. sales• liens. taxes, assessments. encumbrances and restrictions of whatever kind or nature snever, except for taxes for the current year, a lien but not yet due and payable, easements, resstrictlons, reservations, covenants and rights -of --way of record, If any. The grantor shall and will WARRANTAND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of the grantees• their 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 he applicable to all genders. IN WITNESS WHEREOF, the grantur has executed this deed on the date set forth above. Qom- W �.,...'t� g . &aj I;dmes A. Erthal Pamela J. Vthal STATE OF COLORADO COUNTY OF Larimer The foregoing instrument was acknowledgt James A. Erthal and Pamela My Commissionexpires: July 10, WARRANTY DEED t40.1,40 Tenants) r of Wy .. 1997 by ,...0 ni„!!:, t•: ,our ; h my hand and,ofrici eat.. t,. . .;::1: i _Fde* LR26029B97 �t ......, RCPTN 4 87041795 07/20/87 10:38:48 N OF PALES - 1 FEE - M RODENBERJER, RECORDER - LARIMER COUNTY, CO STATE, DOC FEE WARRANTY DEED THIS HEED, &lade this 30th da% III June 1987 , bel"eco James A, Erthal and Pamela J. Erthal of the 'Cuullry of Larimer and State of Colorado. granlol. and James A, rrtha! and Pamela jr. Erthas whoe legal addm,% is 1817 Serramonte Drive, Pt, Collins $3.00 $.00 of [lie C'ounlyuf Larlmer and State uI Colorado, grantees: WITNESS, that the grantor, for anal in consiJeraliun o(lhc sam of Good and Valuable Consideration X1±HA% the receipt and sufficiency of which is hen -by acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, cumry and confirm mwo the grantees, their heirs ;nd assigns forcer. nut in tenancy in counnon but in joint tenancy, all (lie real properly, together with inytnn'cntenls. if any, situate. I'ving and being in the County of Larimer . and State of Culurado, described as folhms: All of LOT 1 BLOCK 2, SERRAMONTE HIGHLANDS SUBDIVISION and the Westerly (1) half of vacated Corte Saratoga Street lying South of the South Right-of-way of Serrantonte Drive According to Serramonte Highlands Subdivision, situate in the South * of the Northeast } of Soction A Township 8 North, Range 68 West of the 6th P.N., Larioer County, State of Colorado. also known by street and number as 1817 Serralnonte Drive TOGETHER will' all and singular the hcreditamcnis and appurtenances lhercunto belonging, or in anywise nppermining and the rrs'ersion and reversions, remainder and n ntainders, rents, issues and profits thereof, and till the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, af, in and to the abosr bargained promises, with the icredilamems and appuncnanccs. !I TO HAVE ANDTO HOLD the said premises abu%v bargained anddescribed, with [he appurtenances, onto lite grantees, Ilicirlocirs and assigns forever. And the grantor, for himself. his heirs and personal representatives, does covenant, grant, bargain and agree to and I� willillic grimccs. ificirlicirs and assigns, thatat the little urhc criscalingand dcli%vryof these presents, lie Is well seized of lite premiscs iabove conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in Ice simple, and has good right, full powrrand lawful authority to gram, bargain, sell and conmy the sonic in ntamser and form aforesaid, and tlmt the some are free and clear from all fanner and other grants, bargains, sales, liens, taxes, assessmenls, encumbrances and restrictions o(whalescr kind or nature l snrsrr, cxccpl subject to rights of way and easements ae now eetabliehedf reaerYa- tione and restrictions of record, if anyfi The grantor shall and will WARRANT AND FOREVER DEFEND the abo'c-bargained promises in llte quiet and peaceable Possession of the grantees, their heirs and assigns, against all and cscry person or persons lawfully claiming the whole or any part thereof. The singular number shall Include the plural, lite 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 dale set (crib abmr. amen A. Erthal STATE OF COLORADO County of 47rimer^ The foregoing instrument w acknowledged before TTe this by.�n« .„. n: I! 'If In rknsrr, irisStt Icily And." Pamela J. Erthal 55. day of ca�� 19�� , %V ancss my hand and ofgclal seal. Afy Canuuislsnn cxpircs /J'�,l�- , 1990 Now, nAl,c No. 931A. RM 3-95. wARRAMS' rIF.ED ITo Jdnt ikuaut ar jWd "i,hie,, s115 w. GA Ms , ' W n,W, Coro]N — Op pY W Opp a.16 �'.1 F ;bit "8" LEGAL DESCRIPTION FOR CORrE SARATOGA STP.EEr All of forte Saratoga lyinn South or the South riqht-of-wav of Serramonte Drive a.ccording to Serramonte Hiahlands Subdivi, Sion, situate in the South 112 of the Northeast 114 of Section 30, Township 8 North, Range 68 West of the 6th P.M., Larimer County, State of Colorado. File No. 68-811-30-3 z PH'A SURV ENANT G` C rORADO REG. L.S. Exhibit "A" r. '2 ....... . ........... ............ ..... f�z . . . I . . . . . . . . cn 12 4 . .................. is 41 is ;.is iij, !:a WI;1 if is THIS DOCUMENT WAS MICROFILMED As COMPLETELY AS POSSIBLE. Findings and Resolution Preliminary Plat of Corte Saratoga Subdivision Page -3- 4. Recording fees for tic resolution vacating the right -of -wry and the granting of an easement. Commissioners Hotchkiss, Zollner and 1{lassen voted In favor of the Findings and Resolution, and the same were duly adopted. DATED this 10. day of as of r' April 6, 1987. . (SEAL) '' •� . . ATTESTS .. D��uty' eting Clerk of said Hoard BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO By: -al-ANM2 ChaIrman­ =1 Findings and Resolution Preliminary Plat of Corte Saratoga Subdivision Page -2- access. 6. The East Larimer County Water District requests that a utility easement be granted on the west 20 feet of the right-of-way to accommodate an existing water line. 7. Vacation of Corte Saratoga will not leave any property without access, and will not result in any significant negative Impacts on surrounding properties. RESOLUTION WHEREAS, the Board of County Commissioners has made Its findings upon the request for vacation of the road right-of-way in this subdivision and upon the recommendation of the Lorimer County Planning Staff, which findings precede this resolution, and by reference are Incorporated herein and made a part hereof; and WHEREAS, the Board of County Commissioners has carefully considered the request, evidence and testimony presented to it, and has given the same such weight as It in Its discretion deems proper, and is now fully advised In the premises; NOW, THEREFORE, BE IT RESOLVED that the road right-of-way of Corte Saratoga, as shown on Exhibit "A" (and as described on Exhibit "B"), be and the same hereby is vacated, subject to the conditions hereinafter set forth. The following Items shall be submitted by Petitioner on or before April 30, 1987. 1. A legal description of the right-of-way to be vacated, which Is to be prepared by a licensed surveyor. Such legal description shall be attached hereto as Exhibit "B". 2. A legal description of the utility easement requested by East Lorimer County Water District, which is to be prepared by a licensed surveyor. 3. A grant of easement for the utility easement mentioned above. BATE lqu% A.0 FARM" 7a FAf " e - -7 0o Assistant County Attomey N O O Finding, and Resolution Concerning the Vacation of Corte Saratoga i w in Serramonto Highlands Subdivision U3The request for vacation of Corte Saratoga In Serramonte Highlands Subdivision 1 o upon tie property as shown on Exhibit "A" (plat) attached hereto has heretofore been y w filed with the Board of County Commissioners of the County of Lorimer. w H a y On April 8, 1987, in the County Board Hearing Room of the Larimer County 00 Courthouse, Port Collins, Colorado, the Board of County Commissioners of the County of u "� Lorimer conducted a public hearing on said vacation of the plat In this subdivision. The N N c Board of County Commissloners having heard tl:e testimony and evidence adduced at said •• o u hearing, and having considered and carefully weighed the same, and having received the •• a o, s recommendations of the County Planning Staff, now makes the following findings: a r 1. Written notice of this hearing has been delivered or mailed, first class, m zpostage prepaid, to owners of land adjoining of the road rlght-of-way proposed to be Nra c vacated. oa o a 2. The County Planning Staff and County Engineer have made certain ^� recommendations and comments concerning this vacation, which recommendations and W comments are contained In the agenda for the April 8, 1987 meeting of the Board of m w County Commissioners and are filed with the record of this proposal. m D4 m eo 3. Serramonte Highlands was approved on August 28, 1978. a r. 4. Corte Saratoga was placed on the plat to provide for future traffic circulation to the property south of Serramonte Highlands. 5. The City of Port Collins recently annexed the property south of Serramonte Highlands and approved a development plan which does not utilize Corte Saratoga for yC PATRICK H. RENWORTH Attorney at Law December 20, 2004 RECEIVED DEC 21 2004 CURRENT PLANNING Mr. Stephen Olt City Planner Current Planning Department P.O. Box 580 Fort Collins, CO 80522-0580 RE: Richards Lake North Dear Mr. Olt: I have recently been provided a preliminary plan for the Richards Lake North development. I was extremely distressed by what I observed. First, there was a handwritten notation on the preliminary plan that indicated an easement through my property. As the enclosed documents demonstrate, that easement was vacated in the spring of 1987. Any effort to provide for or build a road through my property will be met with all appropriate legal resistance. I am requesting that you notify the potential developer of this error on the preliminary plan. Second, the proposed development, as reflected in the preliminary plan, is completely incompatible with all the surrounding neighborhoods. There are already plans on file for the Richards Lake North development which provided for an appropriate buffer between Serramonte Highlands and the development. The FLCO easement which runs along the south side of Serramonte Highlands would be made into an equestrian trail. Furthermore, the lot sizes for the properties immediately adjacent to Serramonte Highlands all exceed 1 acre. Perhaps you could contact me and explain to me why these approved plans are no longer valid. I would very much like to discuss this matter with you. I will be out of the office until Tuesday, January 4, 2005. However, I can be reached in the interim on my cell phone at (970) 227-6650. I look forward to ng from you. S'ncer our , trick H. enworth 215 West Oak Street, Suite 602 Fort Collins, Colorado 80521 970-493-0420 FAX 970-482-2127_