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Home My WebLink AboutRIGDEN FARM, 15TH FILING - FDP - 11-09/A - CORRESPONDENCE - LEGAL DOCUMENTS14. Did the purchase price include a franchise or license fee? ❑ Yes ® No If yes, franchise or license fee value S 15. Did the purchase price involve an installment land contract? ❑ Yes ® No If yes, date of contract 16. If this was a vacant land We, was an on -site inspection of the property conducted by the buyer prior to the dosing? - 61 Yes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this March 24, 2010. Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytimes phone number. Please designate buyer or seller. Armstrong Cliv Timberline, LLC Signature of Grantee (Buyer) 0 Or Grantor (Seller) ❑ 18. Ali future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: Address (marling) Daytime Phone City, State and Zip Code RPIRNSFR File No. S0287551 . Rid Property Trde& Decl&dddh REAL PROPERTY TRANSFER DECLARATION (TD-1000) Escrow No. S0287551 GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation most be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), CRS. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be retained within thirty days after the notice is mailed. If the Completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold Refer to 39-14-102(l)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, CKS and 39-13-102(5)(c), C.R-S. 1. Address and/or legal description of real property: Please do not use P.O. Box numbers. Vacant Land Fort Collins, CO 90525 2. Type of property purchased: ❑ Single Family Residential ❑ Townhome ❑ Condominium ❑ Multi -Unit Res 0 Commercial ❑ Industrial ❑ Agricultural ❑ Mixed Use ❑ Vacant land ❑ Other 3. Date of Closing: March 24.2010 Month Day Year Date of Contract if different from date of closing: September 30, 2008 Month Day Year 4. Total sale price: Including all real and personal property. $1X0.000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, free standing appliances, equipment, inventory, fltmiture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. ❑ Yes 0 No If yes, approximate value $ Describe 6. Did the total sale prim include a.trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑ Yes 0 No If yes, value$ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes ❑ No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. 0 Yes ❑ No If no, interest purchased % 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. ❑ Yes 0 No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. . ❑ New ❑ Excellent ❑ Good ❑ Average ❑ Fair ❑ Poor ❑ Salvage EI N/A If the property is financed, please complete the following. 10. Total amount financed: $200,000.00. 11. Type of financing: (Check all that apply) ❑ New ❑ Assumed 0 Seller ❑ Thad Party ❑ Combination; Explain 12. Terms: ❑ Variable; Starting interest rate % ❑ Fixed; Interestmte ❑ Length of time . years Balloon payment 0 Yes ❑ No If yes, amount Entire Principal Amount Due in 3 years 13. Mark any that apply: ❑ Seller assisted down payments, O Seger concessions, 0 Special terms or financing. If marked, please specify: Seller Carryback per item #11. For properties other than residential (Residential is defined as: single f roily detached, townhomes, apartments and condominiums) please complete questions 14-16 ifapplicable. Otherwise, skip to #17 to complete. RP1mNSFR File No. S0287551 . ... .. . - .. .. Rest Pmperty ltWufer lkcWiatio8 Exhibit A PARCELI: A portion of Tract A, Rigden Farm Filing One, also being a portion of the Northwest One -Quarter of Section 29, Township 7 North, Range 68 West of the 6" P.M., In the City of Fort Collins, Being more particularly described as follows: Commencing at the North one -sixteenth comer common to Sections 29 and 30; thence S89°25'55"E, on the Southerly line of said Rigden Farm, Filing One, a distance of 107.75 feet, to the Southwest corner of said Tract "A", and the Point of Beginning; Thence N01 °33'46"E, on the West line of said Tract "A", a distance of 30.00 feet; Thence S89°25'55"E, parallel to and 30.00 feet North of the South line of said Tract A, a distance of 50.01 feet; Thence MI'33'46"E, parallel to and 50.00 feet East of the West line of said Tract A, a distance of 54.87 feet, to a point of curvature; Thence on the arc of a curve to the right having a delta of 88°35'22", a radius of 125.00 feet, a distance of 193.27 feet, the chord of which bears N45°51'27"E, a distance of 174.59 feet, to a point of tangency; Thence S89°50'52"E, a distance of 18.69 feet, to a point of curvature; Thence on the arc of a curve to the left having a delta of 90°00'00", a radius of 25.00 feet, a distance of 39.27 feet, the chord of which bears N45°09'08"E, a distance of 35.36 feet, -to a point of tangency; Thence N00°09'09"E, a distance of 24.75 feet, to the North line of said Tract A; Thence on the outer boundary of said Tract A, the following four (4) courses; 1) S89050'52"E, a distance of 320.31 feet; to a point of curvature; 2) on the are of a curve to the right having a delta of 89°50'53", a radius of 3.00 feet, a distance of 4.70 feet, the chord of which bears S44°55'25"E, a distance of 4.24 feet, to a point of tangency; 3) S00°00'01 "W, a distance of 257.13 feet; 4) N89°25'55"W, a distance of 544.75 feet, to the Point of Beginning, County of Larimer, State of Colorado. PARCEL 2: Any and all rights granted pursuant to Article VI, Section 2 of the Declaration of Covenants, Conditions, And Restrictions For Rigden Farm Master Declaration ( a Large Planned Community) recorded April 17, 2000 at Reception No. 2000024692 of the Larimer County, Colorado, records. County of Larimer, State of Colorado. WHEN RECORDED RETURN TO: SPECIAL WARRANTY DEED For valuable consideration, the receipt and sufficiency of which are acknowledged, Cannon Properties, LLC, a Colorado Limited Liability Company ("Grantor"), conveys to Armstrong Custer Timberline, LLC, a Colorado Limited Liability Company ("Grantee") whose mailing address is 2100 Wharton Street Suite 700, Pittsburgh, PA 15203, the following real property situated in Larimer County, Colorado, together with all appurtenant interests, benefits, rights, and privileges and any improvements located thereon (collectively, the "Property"): See Exhibit "A" attached and incorporated by this reference The Property includes all easements, licenses, interests, rights, privileges, and appurtenances held by Grantor as of the recordation of this Deed that in any way benefit the Property or relate to the ownership of the Property. Subject only to those matters of record with the Larimer County Recorder and taxes not yet due and payable, Grantor agrees to wan -ant and defend title to the Property against the acts of Grantor, but none other. DATED as of March 24, 2010 Cannon Peres, Ll�do Limited Liability Company Member By: Donald R. Tiller, Member " .Z:57- 'k By: IXyid J. Pietenpol, Member STATE OF COLORADO ) ss. County of Larimer ) The foregoing instrument was acknowledged before me this 24`h day of March, 2010, by Stephen J. Steinbicker, Donald R. Tiller and David J. Pietenpol as Members for Cannon Properties, LLC, a Colorado Limited Liability Company. My Commission Expires_9-03-20,�i1; OTTENJOHNSON ROBINSON NEFF+RAGONETTI,c March 22, 2010 VIA E-MAIL EMCARDLE@FCGOV.COM Emma McArdle City Planner - City of Fort Collins 281 North College Ave Fort Collins, Colorado 80522 Re: Rigden Farm - Fifteenth Filing (the "Plat") Dear Ms. McArdle: JIM JOHNSON 303 575 7596 JJOHNSON@OTTENJOHNSON.COM This firm represents Armstrong Custer Timberline, LLC ("Armstrong"), in connection with its acquisition and development of certain real property located in the City of Fort Collins, Colorado (the "City"). As you know, Armstrong has been working with the City to process the Plat. On February 1, 2010, 1 wrote to you regarding the Attorney Certification located on the cover page of the Plat, and at that time, I indicated Armstrong had not yet acquired the property subject to the Plat. Since then, Armstrong identified an error in the form on the Owner's Signature Block located on the cover page of the Plat. Accordingly, enclosed is a revised cover page for the Plat updated to include the correct Owner's Signature Block for Armstrong and signed by Armstrong, surveyor and me. 1 signed the Attorney Certification prior to Armstrong's acquisition of the property subject to the Plat, and I understand Armstrong has requested that the City not record the Plat until following its acquisition of the property subject to the Plat. My signature on the Attorney Certification should be taken to mean only that Armstrong is a Colorado limited liability company in good standing and that W. Gregg Baldwin is authorized to sign on its behalf. If you have any questions, please do not hesitate to contact me at 303.575.7596. Sincerely, Ji Johnson f the Firm JTJ/crc 944185 1 cc: Robert Frisch (via email) Robert Gustine (via email) 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENIOHNSON.COM DENVER ASPEN VAIL VALLEY STEAMBOAT SPRINGS