HomeMy WebLinkAboutRAISING CANE'S - FDP - 6-04A - LEGAL DOCS - SUBDIVISION PLATSTATEMENT OF OWNEMKIF A.ND SLTJOMSION:
Roow al ro.. by Eve Pam^" de dw a.b.iFcd. be,eg a.an olden' r ."M dumbed W,d
A traet af.. ,load's,[he,ea ofd. SW IM a/,e NW 114 of Sstia 14. Tawmvh'ry 7Nor*
p o,ea M Wae of do 6A P.M., duo(bd a follows
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d,e Woo; I torn, of S,uos 24. To oaldp 7 Wmh, Reyt 69 Wae of dt 6d PN. amid poet G,^a/ a
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sm, fee Fo d<Nn," q;S,ofRig., ofaeayof Ards Frei Coap.oT.dame, 6mc 60.04JI'
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/9'ISl? Wee, d7.00 bet; ,bent, Nad 19'ST34• WsC 749.63 fen v tbt Pod o(B<liming, m. s
tbt Ce, o(FW Collie.
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The , ,d r i,.d bare can 1 the ,box dumbed W v be, .,,d ad ,ubdl,.0 em logs.,meta.
'avegs Led ca,a.ml, Y ab wra m dtia PIMA ,e be hm.a a RAISLNG CANSS. aub7m m d uameas
aM e'b f.ws, m+oltoad.-in., v hadicatdm chic PW.
CERMCATE OF DEDICATION
The UMa,iped Dom Herdl Dodiue Ad Cary To Tba City OIFm Collin, Colvde, For
p era.- U„ Pvaa. The Sam. AM Eaammmu Aa I.dd On And Oesigoard Or Tbu PM4
P,neide4 ibw<.a. Tat (1) Amopl— By Tba CAY Of Thu Do bama Of Fi,mraA Does Na
,esW"Upce The Gry A Duq Ta Maiwm The F----SDadk d, A0(2) Amapaem By
The City O(Thi. Dad Neo Of Semen Dom No, Inyma Upm The City A Dory To Munss
Sn So Dedicated Ural SaAb Ten Ace The Pm i.iau O(The Ma:otmaoa ONA"eme Han
B® F.0, Sdsfi.d
MAPrM( NLE OUARA.NTM
The Uode,i Hereby W'•rtea AM Oasramee, To The City Of Fen Collins, Per A P-.-' Of
Two (2) Yawn Fxvm The Due IXCamplmm A d ire A=7p B7 The Gry O[Tbc
Jmpoaammm W ,maenad Ifna,mda. The FOA AM Coo vlom Maiermmc And R<Frie Of Tba
lopvr®ergs cAaeavuewd lb l TOO Audaity Of T61s PLC Tbia Wurwq AM Oaa..m L
Male To Ae,. Will The City OfFm CoBes load Uac Code AodOr The T'icm,l Trod
Uc RcguimaM, Aa Apph:ablc Tbi. Guwaemc Applim To Tbc Sams AM All Oda
Appmya,et Sou vuv Ad Ammitio' Lying Willie The Rie"O"Wry, P'.aoamY AM OOa
Puwi, properum. Ineh,bn6 W'irbat LeaNaio, All Got w. SdcwaAA. B&- Pub, Dratage
pipq C.N., Comb Babes, Daiew Dube AM Laed-+'ae Any Maiataaaoc<AMU,
R_-pair R.gri,M co, Voti,fes Shag Be Cmm,aamd Will The O«niv[ 11.1tY C®penny U'
Ter Tladaai eOd SbaO Mains Said bep..- In A M. Tbu W-dl AYave C®Fli,
0. A Camiamet Boat. W'imb All Cawauedm Sgsadeda, Safety Rogoinmmu AM Ea.iron m
Pm000dm JLquem,mgs OfTbe CRY. The Uoda.ipd S1Wl AW Cori, MM Repab. Ce Cause
To Be Cmcacd AM Repaimd. AB D•mp+To Said hgnor®mta Raahiog F,om
De.dopmmt-priced Or R-0I;- -Re)ad Amivbkg. le The E,at Tie U.&.i .cd Fa:L To
Coca Ary Dedpe, Wide Th , (3°) Do, Alb W,itua N<dn TbamS Tbm Sid Da a
MAY Bt C.nect<d By The Coy AM All Can AM Cb p, Bind To AM Paid By The
Lbdan V® Tha City Sbdl Alm Han My Odd, Re nee! v A.,)LNe To 11 Aa MnSoeiad By
Law. Ae7 Da-Agm WTG3 Oacvrd Prig To The Ind Of Said Two (7) Yen Period AMA Whiff
Art UacpY M Tba T rminadm Of Sid Paced Shall R-6 Tba R-P'Nliy OfTbe
uwk.ive
REPAIR GV AAANTp
1. ^a-'.o- Of The A<'Sror.i Of This Final Pat AM Cd Valuabla CouNaad<4 The
U.dmignod Don Hereby Apes To Hold The Gry Of Fm C-aio, Colado. H.rmlu, For A
Five (S) Ym pai4 Cramming Uyoo The Doe Of Compkrbn Aed Fist Aoeepaec BY Tens
Cray IX Tbo b po emu Coruro <d Undo The Aodany Of This T^aC Form Any And AB
Claim, Cs m.O, Darned, Mang On Acoamt Of Mae Dvip, AM C°roo,eeaa IXPbtie
be'. Of The Prop ray Soo. Hari, AM 76c Owen F,o+hamart C. Te Make
Nmmu0' Repairs To Said PwU Igawmmt; To Ioch+dc. W does dim Aoa. The Tto.A,
Soocta, Figs. Emb--a--m• DU, eho, Cora Poo, SubO,aba. Glean, Wags AM BMger Wills
Tb, Ri&t Cif. W.y EY®u AM Oda Wblic hopaom, P.adaog From F.Bav" By
IYaiV AMU ... -i^" DofatC This A,remamtT. HoW The Ciry Humla, I-J+
Dermgs la M.1gobla AM Wakmaehip, Aa W,L A. Dcrav Camed BY a Coo.6tiz, Of Soc ' ,
Trarbm, FBb O, EaandacC
Fvda. The UMeraigmd wM mu Tb<t Hd4e Owea Fee Simple Tiu< TO 7a Plopaty 51—
ll a AndA,paaFh.,TheCity OfFmC.IBnShdNot Ise Lbbi.ToTheUMnaipdo,
HiaMa S, .a, L ivbv[ ON,;, The Waasmy Paokd, Fa A y ❑ere, Of Daauga Rese lain
F. No". to E.aciaioj EP&.eri.l Tcchoigm AM Doc Geueo m Th<Cmmue' .Of
CAaa Dmae, Drum. Sarongs Ol B adlolPk Tb' pu'" OfCen.,a Of Sarama AM R)w,,
Flodieg Free Naval Caedu AM Rini, AM MY Oda Mao, Wauarm IX Aix,
Property- Any AM a Mooaary LiabSq Oceueug Vodo Tbia P.r.papb Sall Be Tbo
IXTh< O.oes. I Fmr,ha Wef,e1 Thu 1 JLx Tn Rid, 7a Corry Slid LaM Armding To Shia
PLC
Tbc Obligation IXTa UMmi�ed Pura,..,,. Ta Ta'M ' �<ra Gm.uamei AM'R<p.i
po,. , Ddy Unto Sn Fob.box cal Na Be Msigmd OrUm By. d To A]7Ortv
PcnmA Fadry U.la. rb<wamacd b m.masm ?,a Freon T l C By. AM A tsaa of
A<cgraa IXTb< Wmered I.gfaor®ens L Amei.d Form Tb< O.ry BY, Suci Rent Fcsoo
O, Eewy.
NOTE:
Bast.. r BmrvB, L he West dim oftionh wag 1M of SW6.o 24. Toweahip 7 Nat, Ramgt 69
W'ou u boring North 00'07'O0' Eaa1 good vi,h all bmiogs meuhl d he"" rt4in ma< m.
NOTICE:
A®md+V c Cobr..b goo. ON as , asamat,ay kgal acaia bw d o aY Jefx+L � u.`a7
..:.An .......e.a aPa Sw ( dmeaa.eh d<tat L m e,mr a•l •c7 era•. d,d Wa ay dna
in thu war bo mood eve - yara
kid
aI
RAISING CANE'S
A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24j, . NSHIP 7 NORTH
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARINIER C0UN-N, COLORADO
LEGEND:
( ) • CE R BE.WaaG6 S
OtSTM.NoGE! FELONED AT
REupDIJH 4e7C, ens
ST. VAMIN N"lalsl°M
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Fu.`r(T ecx w..ao
asr ry.Y RA' �.,R -z I \
Y"l iY MAP I \
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POINT OF
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ACCESS CASEMENT
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8g.0d— Eh00'OTGO"E
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RUTCERS
BUILDINC
CONDOMINIUMS I
SOUTH COLLEGE HEIGHTS
5TH SUBDIVISION
7.0
hE94530 W 5
(.a,"Ac'. ».non
--Cl= OF OTHER DOCUkf- S:
All Paso°, Take Nonce Tat Tb, ^ 11opor APA Dr Owoa Hao Ea-" Cn
ik,a,mvom Pa,ai deg To Tbk f cent WT]Ni Gam Came Rigba .4ud Obbp,,
Of The Deaelopmm4 The Dora. AOr SubeTm°t Owova Of AB Or PartLma Of
The D".1cpeaat Sim Many Of w __e ObBgstiml Cmavm ihem)sa And Comes,,,
Whieb Rego Wit The Lao& Tic Said Domwom May Alae Be Avm ntr Fro Time To
Time And May E..J d, W ilbae fimlmda, Tba Dovalopmma A AM
Eer,doo,
L.d,oepe Co•evmq Final Sim Pla, Fieal Lx. alFlags.Fl
Wh)ch Docommm Are On File le The 0f5a Of Tm Clot Of The CMY Of Fort C.nbu
AM Shodd Ek Ckaely Eamed BY NI p,,m fcmrtaed s P.,Aosing Aay Portion Of
Tb, Uvraicpmm, Sic
0WN0.
Timbcilnt Tech Cm1a, LTD. a Cobndo limit d liebibry mmpary
By. E.cia EPm poi, , Imitod Psra,c,hip 41. Is, General Parma
By: EreriR Earn a, ex, lot. a Calavdo.aporcm
By
DarimJ Enai4 preadm,
STATE OF COLORADO)
)c
COl YFY OF LARLNFA )
7be fortgasg mahramm[ w aek ..ldgd before me this —day of Ate. 20D1
Wim® my hood AM ofgcW sd. MY cornm;"s expires:
N'ovey Public
SIGNEDBY: DATE
STATE OF COLORADO)
?era
COLIN-fY OF LAALMER )
Tb, finegobag in6ummt w a ..wldgad before me dia _dry of A.D. 200t.
Witecoo my ba,d sed aM.61 aexL MY'.rnical. expires:
Novry Pub lie
SURVEYORS STATEMENT:
L, Gerald D. Gil1i{ar4 a Colorado RcgieaM PTofessi000l Lull SMY YQ. do baby =am d' thu
Subdi.i.im Plot w pmpusd from Ago 7d. o .der my praaaI amgm'vr°q dw h.
..oMias Y mdiobd bacon vet faced a an m shoves, and d., to fvgoinH P W i. as
armram ,q,esmvdm tbamf, all et. m aloe best army kmwlMgt sfor>Y`.o end belief.
Gerald D. GBGLed
R.gummd Land Survrya
Colorado Regiabation No. 14SZ3
Dam:
c ATTORNEA-S CFRTTFICATE:
I
0 hatbY mesh Chat Chia s°bdir-+ion eW Ens loco dory execvtd to rN`Ab d ?' AA mt m S-c"
n w 21J(CXJXa) CSra°82 (c) ixlutire of tic Laud L'c Code oleo Cry v. Fa[ Collin, sM ter]
3 � peww tignsg Boris SuWiwiov P W oo behalf of a aorywaliw a od]a ray art duly autoriral
oi aippabries uMa me W, of dx Stem ofCobLado. Tltis Cedfiurim b based upon the rsords of
r` 8 ebe Cbk.M Rmmda of l.'rL-aa C—N. CekYv:o Y of [be dam of exr�,a o(dc PL1 aM
o t. other mformaS. &,oe.rd by me thmugb le vcabk inquiry md'u Eaed as .Rhwr d by
o Secdoo 22J(CX3XO of the Lend Uae Code
Aee[xy
Ad'ucu:
cy
Wxp Rrim egimaNo.
:z in
WSfffAWO0DIARiGAT1ON C0MP.iNY:
�a
y p APPROVED:
Rabe W. 51m mu. Pmidot Dam
8M1APPROVED:
s3 vi Goo E FLda. Amery Da:e
0
L} APP a Ci,, E S TO .(,beFORM. CFfF EN0ILI Col
By the Ciry Ermgiom o(ter Ciry of Fort CoIGe, Colorado thin ___ dar of
AD_ _•
Gry Ergm
PLAN,(LNG APPROVAL•
By be Di em(of Pw-M-g oft' City of Fm Copra• Colored. zl:�.
day of ,A.D.
D'vm,a of Pmanemg
Czy Clerk
E
�s5�b� 2�.SeLY.�,.� p� I��QI��a��tl ve�oFd�cSZ 1�9a�ey,�cr 15 190� nbdcakITS �x*�e37,
r
173
tL
CR"TOA.
GRANTEE....
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Considerationt�' ac
—DATES.
AC r) UUVDRM
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�7
CO AYb XTATE.
LASUMER COUNTY, COLORADO.
jrM. OR LOT.
TWP. OR VLX.
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0
16999MIS
1100 1d INVId 311113U0Jd IN eo-10-100
ISSUED By.
TRANSNATION TITLE INSL
Transnation
E COMPANY CO, fMENT FOR TITLE INSURANCE
TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in
Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the
Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
t
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terTinate 120 days after the effective date hereof or when the policy or policies
committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault
of the company.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to
be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when coun-
tersigned by an Authorized Officer or Agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
Xoa�\11�t Ins&g4Hl7�j
Attest:h SEP
Secretary i President
i
OIZONa
Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.
In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the
form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and
are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
PA 3
American Land Title Association Commitment - 1966
Cover Page
Form 1004-248 ORIGINAL
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE B - Continued
EXCEPTIONS
7. Reservation of right of proprietor of any penetrating vein or lode
to extract his ore, in U.S. Patent recorded February 24, 1882 in
Book 32 at Page 389.
8. Right of way for road as disclosed in Warranty Deed recorded
November 15, 1902 in Book 173.at Page 37.
9. Right of way, whether in fee or easement only, for storm drain, as
granted to Elmer C. Stevens and Esther S. Stevens by Lanoga Corp.,
recorded March 11, 1982 in Book 2158 at Page 504, affecting the
following described property:
As more particularly described in said instrument.
10. Right of way for Arthur Ditch over the Northerly portion of
subject property.
11. Right of way for South College Avenue over the Westerly portion of
subject property.
12. Any and all Leases and Tenancies.
Page 5
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE B
EXCEPTIONS
The policy or policies to.be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public.
records. f
2. Easements, or claims of easements, not shown by the public.
records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material
theretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or
interest or mortgage thereon covered by this Commitment.
Note: The above exception will not appear on policies where
closing and settlement has been performed by the company.
6. a. Taxes due and payable; and any tax, special assessments, charge
or lien imposed for water or sewer service, or for any other
special taxing district.
b. Any and all unredeemed tax sales, if any.
Note:Upon receipt of a Certificate of Taxes Due evidencing that
there are no existing open tax sales, the above exception 6b will
Note: not appear on the policy to be issued hereunder.
PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT:
(A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING
DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION
MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY
TREASURER'S AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF
SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY
ASSESSOR.
Page 4
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE A - Continued
REQUIREMENTS
The following are the requirements to be complied with prior to the
issuance of said policy or policies. Any other instrument recorded
subsequent to the date hereof may appear as an exception under Schedule B
of the policy to be issued._, Unless otherwise noted, all documents must•
be recorded in the office Of the clerk and recorder of the county in
which said property is located.
NOTE:
PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT
ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS
COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR
OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE
COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED
HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY.
NOTE:
IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES.
PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE
DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S..39-22-604.5 (NONRESIDENT
WITHHOLDING)
NOTE:
EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL
DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND
RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND
A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK
AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT
CONFORM.
A. Deed from Timberline Tech Center, LTD, a Colorado Limited
Partnership to Joshua W. Demoruelle.
NOTE: Certificate of Limited Partnership, relating to
Timberline Tech Center, LTD, a Colorado Limited
Partnership, filed with the Secretary of State,
discloses.the following General -Partners:
Everitt Enterprises Limited Partnership No. 1 and Howard
E. Smith
Page
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 449668 C-5
SCHEDULE A - Continued
LEGAL DESCRIPTION
That portion of the Southwest 1/4 of the Northwest 1/4 of Section 24,
Township 7 North, Range 69 West of the 6th P.M., described as follows:
Commencing at a point South 89 degrees 58 minutes East 30 feet and again
North 0 degrees 7 minutes East 8.80 feet from .the West 1/4 corner of
Section 24, Township 7 North, Range 69 West, 6th P.M.;
thence North 0 degrees 43 minutes West 196 feet;
thence South 89 degrees 58 minutes East 252.5 feet;
thence North 0 degrees 7 minutes East 140.4 feet to the Northerly line of
Right of Way of the Arthur Ditch Company;
thence South 60 degrees 09 minutes East 65.64 feet along said right of
way line;
thence South 0 degrees 7 minutes West 303.96 feet;
thence North 89 degrees 45 minutes 30 seconds West 57 feet;
thence North 89 degrees 58 minutes West 250 feet to the Point of
Beginning, Except portion conveyed to the Department of Highways,
recorded May 29, 1959 in Book 1093 at Page 353, County of Larimer, State
of Colorado.
Page 2
TRANSNATION TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No.: 449668 C-5
1. Effective Date: July 13, 2004 at 7:00 A. M.
2. Policy or policies to be issued: Amount Premium
A. ALTA Owner's Policy $ 625,000.00 $774.00
Proposed Insured:
Joshua W. Demoiuelle
B. ALTA Loan Policy $ $
Proposed Insured:
Tax Info Services $ 15.00
3. The estate or interest in the land described or referred to in this
commitment and covered herein is fee simple and title thereto at the
effective date hereof vested in:
Timberline Tech Center, Ltd., a Colorado Limited Partnership
4. The land referred to in this commitment is described as.follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
TRANSNATION TITLE INSURANCE COMPANY
By MARY YOUNG
Authorized Signature
Issued: July 30, 2004
MMY/mmy
TRANSNATION TITLE INSURANCE COMPANY
Order No. 449668 C-5
July 30, 2004
Myatt Brandes & Gast, P.C.
Attn: Jeff Johnson/Barbara
323 South College Ave.
Suite 1
Fort Collins CO 80524
RE: :Joshua W. Demoruelle and/or assigns./Timberline Tech Center, LTD
2104 S. Collage
This revised commitment reflects changes to the following items:
Effective Date
Exceptions:
We are pleased to have the opportunity to be of service.
NOTE:
EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL
DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND
RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH
AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH'. THE
CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT
DOES NOT CONFORM.
If you have any questions or changes, please co$tact Cheryl at
970-225-8507 Fax: 970.226.6527
3000 S. College Avenue Suite 110, Fort Collins, CO 80525
cc:Everitt Companies
3030 S. College Ave.
Fort Collins, CO 80525
Attn:Lamere
Transnation Title Insurance
3000 South College
Suite 110
Fort Collins CO 80525
Attn: Cheryl
Joshua Demoruelle
1212 S. Acadian Thruway
Baton Rouge MA. 70806
Attn:Joshua
City of Fort Collins
Attn: Joe Frank, Head Director
Advanced Planning
August 3, 2004
Page 3
on the northern portion of the platted property. The applicant submits that this easement has no
practical on the property and will not injure the public.
The applicant requests that the City waive the attorney certification concerning Section
2.2.3(C)(3)(e), or modify such certification to exclude item number 8 from Schedule B of the
Title Commitment. If such modification or waiver is denied, the applicant requests that the City
determine the amount of title insurance required pursuant to subsection (i) in lieu of an attorney
certification.
The applicant desires to complete the review process and obtain a building permit as soon
as possible. I would appreciate your review and consideration of this matter at your earliest
convenience. I am available for your questions and comments.
Very truly yours,
MYATT BRANDES & GAST PC
JJJ/bdz
Enclosures
cc: Paul Eckman (via hand delivery with enclosures)
Marc Virata (via hand delivery with enclosures)
Brad Sanders, Raising Cane's (via e-mail)
Chris Parton, Northern Engineering (via U.S. Mail without enclosures)
City of Fort Collins
Attn: Joe Frank, Head Director
Advanced Planning
August 3, 2004
Page 2
The Warranty Deed purports to reserve a road easement twenty feet (20') in width.' The
location of this road reservation is uncertain. The title company believes the easement impacts
the property and, thus, has listed it in Schedule B as an exception to the title insurance. Our
review of the enclosed easement concludes that the easement may be located on the property
running parallel to the southern property boundary. However, the surveyor who prepared the
ALTA Survey did not include the easement on the ALTA survey or the plat as impacting the
property, and recently affirmed his conclusion that the Deed is ambiguous and, therefore,
incapable of platting.
If our office's interpretation of the easement location is correct, the easement encroaches
11.2 feet into the property along the entire southern boundary. The southern boundary of the
property is physically supported by an eight foot (8') vertical retaining wall. Thus if the easement
is on this property, the retaining wall splits the easement with 11.2 feet located on this property,
and the remaining 8.2 feet located on an adjoining parcel of land with an elevation eight feet (8')
higher. In addition, any easement would originate within the South College Avenue right ofway
and continue west into what I believe is an existing apartment building and a developed
neighborhood. If this easement exists, it apparently has not been used for years.
Pursuant to the Code, the Director may waive or modify the requirements of subsection (e)
upon a clear and convincing showing by the applicant that such waiver or modification will not
result in any detriment to the public good, and will not result in any harm to the health, safety or
general welfare of the City and its citizens. The applicant respectfully submits that a waiver or a
modification of subsection (e) is appropriate regarding this purported easement.
First, if such road exists, it apparently has not been used for decades. Any future use is
highly impractical since it originates in the South College Avenue right-of-way, straddles an
eight foot (8') vertical retaining wall, continues through existing building structures into an
established neighborhood. Second, it is even possible to argue that the easement does not exist
given that the surveyor's interpretation in preparing the ALTA Survey. It is also possible to argue
abandonment. Finally, if the easement does exist, its location does not negatively impact the
property. The easement would cross the additional South College Avenue right-of-way
dedication, the fifteen foot (15') utility easement and the drainage easement as depicted on the
Plat. The easement in no way impacts the twenty foot (20') emergency access easement located
1 While Paul Eckman has not reviewed this Deed, Paul and I discussed by phone whether the road reservation was an
easement or fee ownership. I believe it is clearly an easement and subject to a request for a waiver or modification
under section (e).
RAMSEY D. MYATT
ROBT. W. BRANDES, JR.
RICHARD S. GAST
JEFFREY J. JOHNSON
DANIEL C. MUFFLY
BRIAN R. LEONE
JOSHUA B. ZUGIS14
Hand Delivered
City of Fort Collins
Attn: Joe Frank, Head Director
Advanced Planning
281 NorthCollege
Fort Collins, CO 80521
MYATT BRANDES & GAST
PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELORS AT LAW
CLOCKTOWER SQUARE
323 SOUTH COLLEGE AVENUE, SUITE 1
FORT COLLINS, COLORADO 80524-2845
August 3, 2004
Ref: Raising Cane's — Attorney Plat Certification
Our File No. 2706-001
Dear Joe:
TELEPHONE (970)4824846
FACSIMILE (970)482-3038
E-MAIL: pohnson@verinet.com
b0 10
0 40
Lk�'14
� V
Our office represents Joshua Demoruelle in connection with the Raising Cane's
development located at 2104 South College Avenue, Fort Collins, Colorado. I understand that
Greg Burn is out of the office this week and you are the acting Director as defined in Fort Collins
Land Use Code Section 2.2.3(C) (the "Code"). I am writing at the suggestion of Paul Eckman
and Marc Virata.
This letter requests a waiver or modification of the requirement in Section 2.2.3(C)(3)(e)
of the Code, or a determination of the amount of title insurance required pursuant to Section
2.2.3(C)(3)(i) in lieu of an attorney's plat certification.
Our office is prepared to issue an Attorney's Certificate for the Raising Cane's Plat. In this
regard, we have reviewed the development plat, the title insurance commitment effective July 13,
2004, issued by Transnation Title Insurance Company, and an ALTA Survey of the property dated
October 27, 2003. Copies of these documents are enclosed for your review.
Our question is focused on Title Exception No. 8 from Schedule B, which reads as
follows:
8. Right of way for road as disclosed in Warranty Deed recorded November
15, 1902 in Book 173 at Page 37.
A copy of the recorded Warranty Deed is also enclosed for your review. I hand wrote the
possible location of the easement on the enclosed Plat.
F:\WpcUll\De ruel1e1Corr\C&y of Fon Collins Itr 8-3-04.doc
Commk..ity Planning and Environmental cervices
Advance Planning Department
City of Fort Collins
August 5, 2004
Mr. Jeffrey J. Johnson
Myatt Brandes & Gast
323 South College Avenue, Suite 1
Fort Collins, CO 80524
RE: Raising Cane's - Attorney Plat Certification
Dear Jeffrey:
We have received your request to waive the requirement of Section 2.2.3(e) of the City of Fort Collins
Land Use Code with regard to final plat for Raising Cane's, a development proposal for 2104 South
College Avenue. This request pertains to Title Exception No. 8 from Schedule B of the title insurance
commitment effective July 13, 2004, issued by Transnation Title Insurance Company, and an ALTA
Survey or the property dated October 27, 2003, copies of which were attached to your request.
Specifically, this exception is as follows:
Right of way for road as disclosed in Warranty Deed recorded November 15, 1902 in Book 173 at Page
37.
We have reviewed the evidence presented and find that such a waiver will not take, injure, diminish or
weaken the City's interest in any land, easement or right-of-way which is dedicated to the City or to the
public on the plat. Further, such a waiver will not result in any detriment to the public good, and will
not result in any harm to the health, safety or general welfare of the City and its citizens.
Consequently, we hereby permit the requirement of Section.2.2.3(e) to be waived in the case of the
Final Plat for Raising Cane's. If you have any further questions, please feel free to call our office at
221-6750.
Joe
, Community Planning and Environmental Services
cc: Ted Shepard, Chief Planner
281 North College Avenue PO Box 580 • Fort- Collins, CO 80522-0580 • 970-221-6376
Fax 970-224-6111 TDD 970-224-6002 - email: aplanning(q)fcgov.com