The URL can be used to link to this page

Home My WebLink AboutDRAKE CROSSING, WALGREENS - MAJOR AMENDMENT/FINAL PLAN - 35-96A - SUBMITTAL DOCUMENTS - ROUND 3 -IS be entitled to all rights of foreclosure or other remedies existing pursuant to Colorado law for enforcement of liens against real property and may also, at its discretion, without waving any other rights it may have pursuant to law, proceed directly with legal action against the owner, its assigns or successor in interest, to collect payment of the reasonable amounts to expended pursuant to the terms hereof. The undersigned, its successors and assigns, hereby expressly reserve the right, with the consent of the City of Fort Collins, Colorado, to amend or restate these Covenants, by including the provisions contained herein within the Protective Covenants for the real property platted as "The Walgreen's at Drake Crossing Shopping Center Final Plan" which real property shall include the property subject to these Covenants. DATED this 6`h day of June, 2002. OWNER Drake & Taft Hill LLC, a Colorado limited liability company Bv: (jQ Its: Manager State of Colorado ) ) ss. City and County of Denver ) The foregoing instrument was acknowledged before me this 6`h day of June, 2002, by as Manager of Drake & Taft Hill LLC. My Commission expires Witness by hand and officials al. ..... TA a, Y Q; •�0 Notary Public yT. CrgL��..•'8 R OF CO�QQ My co wwAn E ms 518fP000 7890\17\710821.1 2 7 SITE AND LANDSCAPE COVENANTS FOR Situate in the Lot 3, Drake Crossing Shopping Center Filing No. 2 City of Fort Collins, County of Larimer, State of Colorado The undersigned, fee owner of Walgreen's at Drake Crossing Shopping Center Final Plan (The Property) located in the City of Fort Collins, County of Larimer, State of Colorado, does hereby make the following declarations as limitations, restrictions and uses to which the Property may be put, and hereby specifies that these declarations shall constitute covenants to run with all of the Property and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners of all or part of the Property, this declaration being signed for the purpose of guaranteeing that the Property will be developed and landscaped initially and kept in desirable condition in the future as herein specified. "Owner" shall include the signator to this document and all successors or assigns of said signator. The landscape improvements, parking areas, sidewalks, open spaces and site amenities including, without limitation, energy generation or conservation amenities, as described in the site and landscape plans submitted to the City of Fort Collins and on record therewith shall be made and installed in the manner as described in said plans unless amended pursuant to the approval of the City of Fort Collins. With the exception of lands necessary for construction, the owner shall cause the property to be developed according to the site and landscape plan submitted to and approved by the City of Fort Collins. It is further understood and agreed that the owner of the Property, or it's assigns or successors in interest, shall be responsible for the maintenance and care (including necessary replacement of dead grasses, plants, trees or shrubs) of all "planted and landscaped" areas and other amenities within said Final Plan, together with all parking, sidewalks and open space areas and all areas otherwise utilized for buffering energy conservation or other site amenity. Should the owner fail in any respect to comply with the terms of this Agreement, the City of Fort Collins upon notifying said owner in writing of the matters in regard to which default is asserted and should the owner fail either to cure said default within thirty (30) days after receipt of such notice or to commence within twenty (20) days to rectify such default until it is fully rectified or cured, the City of Fort Collins shall have the right (1) to obtain, in the District Court of Larimer County, Colorado, a mandatory injunction requiring rectification of the default, or (2) to enter upon said property and perform the work necessary to replace said improvements or maintain the same and the owner shall pay or cause to be paid to the City of Fort Collins such sums necessary to reimburse said City of Fort Collins for the labor and material expended to complete or maintain said improvements which payment shall be made within ten (10) days after receipt of billing. The sum due and unpaid shall accrue interest at the statutory rate for judgements from the date that such sum is due. If said billing is not paid, then the City of Fort Collins, pursuant to the authority granted by these covenants, shall have a lien on the above described property and improvements thereto. Said lien to be exercisable by filing a notice of said lien against said property and improvements thereto; provided, however, that the City of Fort Collins shall not have a lien against any single-family lots and improvements thereto within the property, if applicable. The City of Fort Collins shall 7890\1 7\71082 1.1 JUN-07-02 07:45AM FROM-Edaemark Development LLC +303 571 4651 T-332 P.010/010 F-655 SCHEM1.1 B - 2 (Continned) EXCEPTIONS Coatetitweor Nwnber. 12669(6 13, ASSIGNMENT OF RENTS AND LEASES (ABSOLUTE}, RECORDED MAY 9, 2002 AT RECEPTION NO. 2002051531, GIVEN IN CONNECTION WITH = ABOVE DEED OF TRUST, 14. TERMS, CONDITIONS, PROVISIONS. AGREEMENTS AND CELIGAI70NS SPECIFIED UNDER THE bECLARA'IION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECMG LAND, WHICH WAS RECORDED MAY 9, 2002 AT RECEPTION NO.20G2051541. 15. EASEMENTS, COVENANTS, RES-MCrIONS AND NOTES AS SET FORT9 ON THE PLAT OF DRAKE CROSSING SHOPPING CENTER FZING NO. 2 RECORDED MAY S. 2001 AT RECEPTION NO, 20020J 1393. 16. ANY FALIURE TO COWLY WITH THE TERMS OF THE LEASE AS DESCRIBED IN SCHEDULE A. The Owners policy of title insurance communed for in thin Commitment, if", shall contain, in addition to d)c items set forth in Schcdnk B-2, the following Items: L The Deed of Trust, if any, rrquircd undcr Schcdule B -1. ** TOTF1_ PRGE.a9 *x JUN-07-02 07:45AM FROWEdtiemark Development LLC +303 571 4651 T-332 P.009/010 F-655 SCHEDULr B - 2 EXCEPTIONS Cpanmitm—t Number 12G6966 The pollty or polities to be lsmed will contain deceptions to the following unless t1w same are disposed of to rhu satiaraction of the company: 1. Rights or sheens orparries to pow-usion not Shown by the public r=rds 2. Ewamenrs or claims of camments not dwwn by the public records. 3. Dlscrevencies. conflicts in toundary 11nes, shortages in area, encroachments, and any fads which a eorrcct survey and inspection of the ptcauisaa would disclose and which are not shown by the public records. a. Any lien, or right to a lien for mrvi= labor. or material here t0fore or here=r rurnlshcd. Imposed by law and not shown by the public records. S. Defoets, lion% eaou mbmwoe, adverse claims or other watterr, if any, created, first appearing in the records or attaching subsequent in the effective date hereof but prior to the date the proposed insured acquired of rccord far value the wears or Lnurest or morrgagc thc=n cavrmc! by this coauraAmcat 6. Tax" or special zw&4sments which are not shown as existing liens by the public rworrls, 7. TM RIGHT OF THE PROPRT TOR OF A VEIN OR LADE TO MCMACT OR REMOVE HIS ORE, SHOULD THE SAME BE FOUND TO PEIkUMATR OR INTERSECT THE P1 WAMES THHRFRY GRANTED AND RIGHTS -OF -WAS" FOR DITCHES AND CANALS AS RESERVED IN UNITED STATES PATENT RECORDED FEWWARY 1, 1892 IN BOOK 86 AT PAGE 269, AND ANY AND ALL ASSIGN_AIENTS Ti2RECIF OR INTERESTS THEREIN. 9. COVENANTS, CONDITIONS AND RESTRICTIONS, (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE COLOR. RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORION, IF ANY) WHICH DO NOT I14CLUDE A FORFEITURE OR REVERTER CLAUSE, AND ANY AND ALL SUPPUavIENTS, AMENDMENTS, AND ANNEXATIONS THERETO, SET FORTH 1N THE INSTRUMENT($) RECORDED SEPIEM3EK 7. I983 IN BOOK 2236 AT PAGE 6X. NOTE: SUPPLEMENT TO SAID COVENANTS, CONDITIONS AND RESTPJ=NS BY AN INSTRUMENT RECORDED AUGUST 8, 1996 AT RECEPTION NO.86043516. ANEASEVIENTFOR DRAINAGE, ACCESS, UTILITIES, AND INCIDENTAL PURPOSES OVER VARIOUS PORTIONS OF THE LAND AS SUBSTANTIALLY SET FORTH ON THE PLAT OF DRAKE CROSSING SHOPPING CFBPIEI7, A PLANNED UNIT DEVELOPMENT, RECORDED MAY 14. 1982 IN BOOK 2167 AT PAGE 709. NOTE: PORTIONS OF THE ACCESS, UT1L17Y AND DRAINAGE EASENIENTS WERE VACATED BY TH'E CITY OF PORT COLLINS IN ORDINANCE NO. 11, SERIES OF 1993 RECORDED FEBRUARY IS, 1993 IN 1300K 2207 AT FACE 1196, AND ORDINANCE NO. 158, SERIFS OF 1983 RECORDED JANUARY 6. 1 V84 1N SOOIC 2253 AT PAGE 1429. 10. TERMS, CONDITION&, PROVISIONS. ACtRESNIENTS AND OBLIGATIONS SPECIFIED UNDER THE NOTICE BY THE CITY OF FORT COLLINS, W1iICH WAS RECORDED MAY 14, 19al IN BOOK 2167 .qT PAGE 711. I1. TERMS, AGP%E➢AENTs, pRDNISIUNS CONDITIONS AND OBLIGATIONS OF A MEMORANDUM OF LEASE, EXECUTED BY TANSIIV/NVIIEELE1i, A COLORADO JOINT VENTURE, AS LESSOR($), AND WALGREEN CO., AS LESSEE(S), RECORDED FEBRUARY 9, 1983 IN BOOK 2206 AT PAGE 158, AND ANY AND ALL PARTIES C n to m rG BY- TIMOUGH OR UNDER SAID LESSEE(S). 12. DEED OF TRUST FROM DRAY-1 & TAFTNi1 r- LLC, A COLORADO LIM MD LIA.BMrrY COMPANY, TO THE PUBLIC TRUSTEE OF LARTMER COUNTY, FOR THE BENEFIT OF LASALLE BANK NATIONAL ASSOCIATION, SECURING AN ORIGINAL PRINCIPAL r11ME8TF-DN1F_5S OF 55,390,000,00, AND ANY 0Ii3ER AMOUNTS AND/OR OBLIGATIONS, DATED APRIL 30, Z002, AND RECORDED MAY 9, ZOVZ A"T RECEPTION NO. 2002051536_ JUN-07-02 07:45AM FROM-Ediamark Development LLC +303 571 4651 T-332 P.008/010 F-655 FYr9r�►1r►17i�' Comavunent N=ibcr: 1266966 A. RSCORDA=N OF APPBDPIZIATE DOCUMENTATION TO CREATE THE II RASMOLD ESTATE TO BE INKRED fMREIN FROM DRAKE & TAFT HILL LLC TO WALGREENS CO, NOTE: TAXES HAVE BEEN PAID THROUGH TUY YEAR 2001. PROVIDE TIES TRANSACTION CLOSES IN 2002, THE FOLLOWING TAX EXCEPTION WILL BE SHOWN ON Tt(! FINAL POLICY; TA.3MS AND ASSESSMENTS FOR THE YEAR 2002 AND SUBSEQUENT YEARS, A LIEN, BUT NOT YET DUE OR PAYABLE B. EXECUTION OF THE COMPANY'S LIEN AFFIDAVIT BY THE SELLER(6) AND PURCHASER(6). IN TIC EVENT THAT THE LEN AFFIDAVIT DISCLOSES THE EXJSTENCG OF NEW CONSTRUCTION ON THE PROPERTY WITHIN THE PAST SIX MONTHS. OR PLANS FOR THE COMMENCEMENT OF NEW CONSTRUCTION, ADDMONAL REQUMEMENTS MAY BE NLADE, OR STANDARD EXCEMON NO. y WILL NOT BE DELETED FRQM TEE FINAL POLICY(IES) TO BE ISSUED HEREUNDER. JUN—OT-02 OT:45AM FROM—Edsomark Development LLC +303 5T1 4651 T-332 P.007/010 F-655 EXHIBIT 'A' 1266966 LEASEBOLD ESTATE CREATED HY THAT CERTAIN DATED BY AND EF VAKEPI DRAKP. & TAFT HILL LLC, A COLORADO LIMITED LIABILITY COMPANY, AS LESSOR AND WALGREENS CO., ANILLINDIS CORPORATION., AS LESSEE, RECORDED UPON 7FiE TERN15 AND CONDITIONS AS CONTA kZED TEDERFQ1 ON i 12002 AT RECEPTION NO. _ OVER THE FOLLOWING DESRTBED LAND: PAP CEL 1: LOT 3, DRAKE CR05329U =FFING CENTER FMING NO. 2. AS PER THE PLAT RECORDED MAY 8. 2002 AT RECEPTION NO, 2002051393, COUNTY OF LAR.MMI , STATE OF COLORADO. PARCbL 2: THE RIGHTS AND BENEFITS AS CONTA= IN THAT CERTAIN EASEMENT AGREEMENT RELATING TO ACCESS, UTILITY APED DRAINAGE EASEMENTS, AS SET FORTH IN INSTRUMENT RECORDED DECEMAI R 3, 1984 IN BOOK 2300 AT PACE 1801, COUNTY OF LARIMER STATE OF COLORADO. PARCEL3: A NON-EXCLUSIVEEASEMENT FOR ROADWAYS, WALKWAYS, INGRESS, EGRESS AND PARKING, AS M-CRE PARTICULARLY DESCRIBED INTHAT CERTe1NDP- LARATION OFEASEMSNTS WrM COVENAN,IS ANo RESMCnONS AFFECTING LAND RECORDED MAY 9, 2002 AT RECEPTION NO. 200205154L. COUNTY OF LAAIMEIZ STATE OF COLORADO, JUN-07-02 07:45AM FROM-Edsemark Development LLC +303 571 4651 T-332 P.006/010 F-655 CHICAGO TITLE INSURANCE COMPANY CONRAMV= FOR TITLE INSURANCE 5CHEDULE A COlnnlit,ocnl Number: 1266966 1_ Pffccrive Date: May 03, 2002 at 9:30 AM 1. Poliry Cr Policio6 to be mod_ Amount Prcmiwu (A) ALTALcumboldOwnerxPolicy- Propooedlmured: 51,000,00D.D0 1,11,151.00 WALGREENS CO., ANML1NOrs CORPO&ATION DELETION OP EXCEPTIONS I.4 s110.00 TOTAL: 51,261,00 3. The catak or intctt in the land described or rcfetred io to this cammlrar-w and covered 4erein is leaschold and title thereto is at the effective date herooCvcMM io DRAKE & TAFr 1IILI_ LLC, A COLORADO LIMITED LIABILITY COMPANY 4. The land rc;ctrod to in thin conumi=cnl is d=nbed as foilOws and spell Ceminancr be refhTcd to as the "Proper tu: SBE ATTACHED 1D=rT'A' JUN-07-02 07:45AM FROM-Ed¢emark Development LLC +303 571 4651 T-332 P.005/010 F-655 c0N0MUN5 nno =IPULATroNs 1. The term "mortgagr." what used herein, shall include deed of trust, trust deed, or other security instrument Z. If the proposed insured has or aaptims actual knowledge of any defect, lien, encumbrance, adverse claim or other maker effecting the estate or intmest or mortgage thereon covered by this Corpmirntcm other than those shown is Schedule B bcrm x' and shall fail w disdow such knowledge to the Company in writing, the Company shill be relieved from liability for nay to= or damge resulting Isom any act of rcliance hereon to the potent the Company is prejudiced by fatflute to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to iho Company, or if the Company otherwise acgWm actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option ntay amend Sehodule B of this Commitment accordingly, out such amendment shall not relieve the Company tmm liability previously incurred pursuant to paragraph 3 of these r nnnirlanc 9nA ."nworinee 3. Liabllipr of the Company under this Commitment sball be only to the named proposed Insured and such parties included under the definition oflnsured in the form of policy or policies wrumiUcd for and only for actual loss incurred in reliance hereon in undcrLWng in good faith (a) to comply with the requir¢mcnts hereof, or (b) m elbTanaw exceptions shown to Schedule B, or (c) w acquire or create the estate or inrcnxi or mortgage thomon covered by this Cor„msr.,,,,nt In no event aball such liability exceed the amount stated in Schedule A for the policy or policies cornmittacl for and such !lability is subject to the insuring provisions, the Euclusions from Coverage and the Conditious and Stipulations of the form of policy or policies committed for in favor oFthe proposed Insetted which are hereby incorporated by ttfnrcncc and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whctb= or not based on negligence, which arises out of tho swius of the ride m the coalc or interest or the lien of the insured mortgage covered beraby, or any acdoy asserting suds claim, shall be rsstricrcd to the provisions and Conditions and Stipulations of this Commitment. JUN-07-02 07:44AM1 FROMFEdiemark Development LLC +303 571 4651 T-332 P.004/010 F-655 CHICAGO TITLE INSURANCE COMPANY COMN32MNT FOR TITLE INSULANCE CMCAGO TITLE INSURANCE COMPANY, a mrparadon of Wkwuri, herein called die Company, for a valuable Conadcration, hereby commits to issue its policy ar poliodes of We Insurance, as Identlfled In Schedule A, in favor of tho propomd Insured named in Schedule A, as owner or mortgagee of the carom or interest covered hereby in the land described or reforrad to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions oC SchetWe A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only tvheA the identify of the proposed Insured and the amount of the poltty or pollCles Committed for have been keened in Schedule A hereof by the Company, either at clic time of the issuance of this Commitment or by subsequent eadorxemear' This Commitment is rmliminm w the issuance orsuch pocky or poUdes of dUe Imu anc,r and all Uabll D, and obligations horetmdm shall cease and terminate six months after the effective data hereof or wbcn tits policy or policies committed far shall issur, whicitcvcr rust o=m, provided am[ the failtue to issue such policy or policies is not The fki t of the Company. This Commitment shall oot be valid or binding wail eountmaigned by an authasi-text oMcer or agent. IN WMOM VnB!l EOP. the Company has cursed this Commitment to be signed and sealed, to become valid when caunteaeigeed by an authorized officer or agent of the Company, all in accordance with its By - Laws. This Commitment is $eetive as of the date ahown in Schedule A to "£$'active Datc." ISSUED BY: CERCAGO TITLE OF COLORADO. rNC, 1875 Lawrence St. #1200 , Denver, Co 80202 (303)291-9999 Fox (303)291-9999 Aul%Mzcd officer orAgant CHICAGO TITLE INSURANCE i Br 9zaramt JUN-07-02 07:44AM1 FROM—Edaemark Development LLC +303 571 4651 T-332 P.003/010 F-655 Chicago Title of Colorado, Inc. 1875 LAWRENCE STREET - SUITE 1200 DENVER, CO 80202 (303)291-9873 FAX (303)291-9997 Your closer, LIZ GRECO, may be reached at (303)291-9925 - Fax: (303)291--9997 Our Order Number: 1266966 The Property Address: DRAM ROAD, FORT COLLINS, CO 80526 Current Owner: DRAKE & TAFT HILL LLC, A COLORADO IXV=D Property Purchaser: WALGREENS CC., ANILLINOIS CORPORATION THE MAILING LIST AROWNSTL' W. HYATT. PAEMEEL SCR1C EDOEM RK DBYELormwr LLC YOUR TrrLL' OFFIC2EL 9TGvt P=N KARBN span ASCRARD SAPV.N MAY B6 RFJ1CH113 AT 4I0 17TH 9T. tr2206 410 - 17rH S7XEFr, 917U3 , DENVsk CO Y0202 DHNV8K C0 f0202 PHONE: (303)291.0919 NoN£: (303)223-1390 PHONT-(303)5714650 FA7g 303-292-3752 FA7C: (303)623-1956 FAX (303)Fn-"SI Lacs Rcvlecd Sri0rIW2 9:51:3 L AM CHANOQD: Foliry Amount- VALAR.6FNS CO-, AN al—. Praniom Amaual- WALGRL• 6N6 CO., AN IL... ... .^ Wlrc To-, WELLS FARGO BANK WEFT, NA. ABA: 10=00076 Plo. Include tAcae reteren=a: 1740BROADWAY AcclNo: 101MI72CS DENV�(Ws)aa , CO 80764 No: 1288960 PflcActs (909)384.8600 Name: CHICACO TITLE OF COLORADO INC_ Bra �� an CJ3TODIAL ESCROW DEPOSIT ACCOUNT ct..'2 EMC LETTER OF TRANSNI16 To: Galloway, Romero & Associates Design Engineering Plonning 5350 DTC Parkway RECEIVED Greenwood Village, Colorado 8011 1.3006 (303) 770-8884 JUN 0 % 2002 (303)770-3636 Fax ` La WE ARE SENDING YOU: ❑ HEREWITH ❑ VIA _ THE FOLLOWING ITEMS: ❑ PRINTS 0 CURRENT PLANNING DATE PROJECT PROJECT1 • Yawl; • • Lli/ _ A/c: /DELIVERED BY HAND ❑ OVERNIGHT (MYLARS ❑ PHOTOCOPIES ❑ COPY OF LETTER ❑ SPECIFICATIONS COPIES DATE OR NO. DESCRIPTION ,64 Akj&firK, - E&f5E v ' o Av S EfF - S la�nJ (.l �/fTEO rvt i rrY1 C,� -- THESE ARE TRANSMITTED AS INDICATEDYTED ❑ FOR YOUR USES REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL ❑ APPROVED AS N❑ RETURNED FOR CORRECTIONS �� 10^-'0/ -174 Xs r�2 COPIES TO: g 5,q 40'K/A), 4 Die nAmZG-,--- SIGNED: