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Home My WebLink AboutPINNACLE TOWNHOMES - FDP - 34-00B - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL NOTICEPinnacle FTC, LLC Mr. Wayne Hochstetler June 3, 2002 Page 3 of 3 pages Thank you for allowing this office the opportunity to assist you in this matter. Should you have any questions regarding the above, please feel free to contact us. Yours truly, ROBERf%. MESSANA, P. C. KoTerrF Messana Attorney at Law encl. D �Dala\Pnfific\Ac6ve\PinnacIe FPC, LLC\Pumacle, Min Tide Exam (749.01)\Lettu Opinion.wpd Pinnacle FTC, LLC Mr. Wayne Hochstetler June 3, 2002 Page 2 of 2 pages Pinnacle FTC, LLC, a Colorado limited liability company 4214 Idledale Drive Fort Collins, Colorado 80526 II. Leasehold Estate: None included in the materials examined. The above named parties should be notified pursuant to C.R.S. § 24-65.5-103, 30 days prior to the initial public hearing on your development application. Please note the term "application for development" is broadly defined to include a preliminary or final plat for a subdivision, a planned unit development, or any other similar land use designation used by a local government. The term includes application for zoning, rezoning, general development plans, and special use permits where such application is in anticipation of new surface development. The term does not include building permit applications. The information provided above is based upon an examination of the records maintained by Transnation Title Company, Fort Collins, Colorado, and the records of the Larimer County Clerk and Recorder, from inception of title to May 14, 2002, at 7:45 a.m., and is certified to such date. In addition to the above the records of the Colorado Oil and Gas Conservation Commission and of the Colorado Division of Minerals and Geology were reviewed (via the internet). Based on this review there is neither evidence of mining operations nor of a producing oil and/or gas well on the captioned lands. This opinion is conditioned upon the accuracy and completeness of the said materials and the undersigned has not undertaken to verify the same; thus, any errors contained in or omissions from the materials examined will necessarily be reflected herein. This letter is neither intended to, nor does it constitute an opinion as to the quality ofyour title in or to the captioned lands. Insomuch as you may acquire any interest in the mineral estate, you are encouraged to retain by exception and reservation, in any subsequent conveyance, all right, title and interest in and to the same. Please note, addresses are based upon the most current and reliable sources available to this office, including various county records and internet records, and are deemed reasonably reliable. In addition, please find enclosed a form notification letter for your use. Robert P. Messana, P.C. Attorney at Law 315 W. Oak St., Ste. 704 Fort Collins, CO 80521 Robert P. Messana June 3, 2002 Pinnacle FTC, LLC Mr. Wayne Hochstetler 4214 Idledale Drive Fort Collins, Colorado 80526 RE: Mineral Title Examination Township 7 North, Range 69 West 6`s P.M. Section 24: Part of the NE/4NW/4NE/4; Larimer County, Colorado Dear Mr. Hochstetler: Telephone (970) 482-6551 Facsimile (970) 482-1107 Email address: robert@messanalaw.com Web address: www.messanalaw.com Via facsimile 225-0118 and U.S. Mail Pursuant to your request, this office has examined title to the captioned lands in order to provide the following information: Ownership of the mineral estate (including leasehold estate), as defined by C.R.S. § 24-65.5- 102, underlying the captioned lands. Subject to the limitations set forth below, ownership of the mineral and leasehold estates appears as follows: I. Mineral Estate: Pinnacle Partnership, a Colorado general partnership ` 142 North Summit View Fort Collins, Colorado 80524 ' By Warranty Deed dated May 22, 2002, the interest of Pinnacle Partnership was conveyed to Pinnacle FTC, LLC. A recorded copy of the said Deed was not included in the materials examined as the certification date of this letter opinion precedes the said Deed. However, the undersigned has been advised that the same has been submitted for recording. Upon review of the recorded Deed title will be adjusted accordingly. EXHIBIT A PINNACLE TOWNHOMES PROPERTY DESCRIPTION A tract of land in the Northeast Quarter of Section 24, Township 7 North, Range 69 West of the 6`" Principal Meridian, Larimer County, Colorado, described as follows: Considering the north line of the Northeast Quarter of Section 24 as bearing N 89°51'03" E, as shown on the play of Pinnacle P.U.D., and with all bearings contained herein relative thereto: From -the East 1/16 corner of Sections 13 and 24; THENCE 00°00'F *z E, 50.00 feet to a point on the southerly right of way line of East Prospect Street and the north line of Lot 1, Block 1, Pinnacle P.U.D., said point being the POINT OF BEGINNING; THENCE N 89°51'03" E, along said -line, 264:00 feet to the northeast" corner of said Lot; THENCE S 00°00'34" E, along the easterly line of said Lot, 445.00 feet to the southeast corner thereof; THENCE S 89°51'03" W, along the southerly line of said Lot, 264.00 feet; THENCE S 00°00'34" E, along the easterly line of said Lot, 165.00 feet to the southerly -most corner of said Lot; THENCE S 89°51'03" W along the southerly line of said Lot and the southerly line of that certain parcel described in Book 1132 at Page 464, 286.00 feet to the southwest corner of said parcel; THENCE N 00°00'34" W, along the westerly line of said parcel, 630.00 feet to a point on the southerly right of way line of East Prospect Street; THENCE N 89°51'03" E. along said line, 80.00 feet to a point on the easterly line of said parcel; THENCE S 00°00'34" E, along said line, 20.00 feet to the northwest corner of Lot 1, Block 1, Pinnacle P.U.D.; THENCE N 89051'03" E, along the northerly line of said Lot, 206.00 feet to the POINT OF BEGINNING. Said tract containing 6.739 acres, more or less. P1N£CREST June 10, 2002 Pinnacle Partnership 142 North Summit View Fort Collins, Colorado 80524 Pinnacle FTC, LLC 4214 Idledale Drive, Fort Collins, Colorado 80526 RE: -Pinnacle Townhomes Development Mineral Right Owners Notification Dear Mineral Rights Owners, As per C.R.S. 24-65.5-103, this letter is to serve as official notice that a Final Compliance Plan and Final Plat has been submitted to the City of Fort Collins for review and approval on the property know as the Pinnacle Townhomes located in Fort Collins, Colorado. Note that the legal description of the property is attached as Exhibit A. Sincerely, PineCrest Planning & Design LLC PlAmiiNg & Desig" LLC 4225 Westshore Way Fort Collins, CO 80525 (970) 226-1655 • (970) 226-1635 fax All June 10, 2002 City of Fort Collins Current Planning Department " . P.O. Box 580 281 N. College Ave Fort Collins,'Colorado 80522-0580 RE: Pinnacle Townhomes Mineral Right Owners Certification This letter shall serve as' a certification that the mineral rights owners were sent a letter of notification on June 10, 2602 advising them that the property owner of the Pinnacle Townhomes had submitted a Final Compliance Plan and Final Plat to the. City, of Fort Collins. The mineral rights owners were identified by Mr. Robert P. Messana hi's letter of June 3, 2002 and are as. . follows: Pinnacle Partnership 142 North Summit View Fort.Collins, Colorado 80524, and . 'Pinnacle FTC, LLC 4214 ldledale Drive Fort Collins, Colorado 80526 A copy of the notification letter is attached. . Sincerely, 'neC est ing & Design LLC ho . D an ana r Enclo s Pla>1ritHg Fr Desis" LLC 4225 Westshore Way Fort Collins, CO 80525 (970) 226.1655 • (970) 226-1635 fax