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Home My WebLink AboutDRAKE CROSSING, WALGREENS - MAJOR AMENDMENT/FINAL PLAN - 35-96A - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTS (3)SEP-19-01 08:41AM FROM-Edaemark Development LLC +303 571 4651 T-071 P.014/014 F-126 1 LIY IIJ/10 JYY'GYI r The owhor/s Policy of title ius=mce committed Sox in this commitment, it any, eha11 contain, in additioa to the hums e•t ferth is sehedule A•Z, the 10110wiuB Items: 1. The Deed of Trust, 11 any, required under Bcbodule B Section 1. SEP-19-01 08:41AM FROM-Edaemark Development LLC +303 571 4651 T-071 P.013/014 F-126 , •� . • IN IY YYY-LYI 19. TERMS,.Aapy 3=S, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF A MMMRAbMM OF LF,ASE, EXECUTED Hy JAblauN/WHEELER, A COLORADO JOINT VENTURE, AS LESSOR(S) AND WALG;E' Co., AS LESSM(9), RECORDED FEBRUARY 9, 1983 IN HOOK 2206 AT PAGE 158, AND ANY AND ALG PART186 CLAIMING BY, THROUGH, OR UNDER SAID LESSEE(S) (AFFECTS PARCELS 2 AND 3) 20. TERMS, CONDITIONS, PROVISIONS, COVENANTS, AGZPJM 11S AND OBLIGATIONS AS NOTICES IN INSTRUMENT RECORDED OCTOBER 3, 1997 AT RECEPTION N0. 9706067. 21. TERMS, CONDITIONS, PROVISIONS, AGRRZXMM AND OBLIGATIONS AS SET FORTH IN TENANTS IN cOWN AGREEDMNT RECORDED JANUARY 23, 1998 AT RECEPTION NO. � 98004854. !/)(/ 22. TEAMS, CONDITIONS, PROVISIONS, AGREEKENTS AND 08LIGATIOlv5 AS SET FORTH TN TENANTS IN PROPERTY LVDiAGMeNT ACRE PI' RECORDED JANUARY 231 1998 AT V RECEPTION N0. 98004655. 23. TERMS, CONDITIONS, PROVISIONS, AoRESK=S AND OBLIGATIONS SPECIFIED UNDER THE h TENANTS IN COMMON AGREFMRNT RECORDED JULY 23, 1999 AT RECEPTION NO, 99065$41. SEP-19-01 08:41AM FROM-EdQemark Development LLC +303 571 4651 T-071 P.012/014 F-126 1 •'. ,.II,IJ jup-LUI Lammu mwr. AWIWri a .L wwM ' 12. TERMS, CONDITIONS, PROVISIONS, AGFJQW 1TS AND OBLIGATIONS SPECIFIM UNDER _'HE J OPEN SPACE E�►I1�YPENANCE COVEKANT RECORDED MAY 14, 1982 IN BOOK 2167 AT PAGE N 113. (AFFECTS PARCEL 1) 13. TERMS, CONDITIONS, PROVISIONS, AORM24MM AND OBLIGATIONS SPECIFIED UNDER THE ✓ EASEMENT AGREEMENT RECORDED DECEMBER 3, 1964 IN BOOK 2300 AT PAGE 1801. NOTE; A PORTION OF SAID EASE ENT WAS TERMINATED BY INSTRUMENT RECORDED SEPTMIBER 2, 1997 AT RECEPTION NO. 97056950. ' �/( (AFFECTS ALL PARCELS) 0"1 114. COVENANTS, CONDITIONS AND RESTRICTIONS, WHICH DO NOT INCLUDE A FORFHITORE :R n REVERTER CLAUSE, AND ANY AND ALL SUPPLEMENTS, AX9NM9lNTS, AND ANNEXATIONS L TIMRWM, SET PORTH IN THE INSTRUMENTS) RECORDED SEPTFUER 7, 1983 IN BOOK NO_ o(�If�• 2236 AT PAGE 606. "y J NOTE: SUPPLEMENT TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS BY AN )�►" INSTRUMENT RECORD= AUGUST 8, 1986 AT RECEPTION NO. 86043516. V (AFFECTS ALL PARCELED 1 ) EA ANY EXISTING LSES OR TENANCIES, AND ANY AND ALL PARTIES CLAIMING BY, THROUGH A J OR UNDER LESSEE'S. 16. AN EASEMENT FOR DW..NAGE, ACCESS, UT2LIR'2ES AM INCIDENTAL PURP08Es oVZR VARIOUS PORTIONS OF THE LAND AS SUBSTANTIALLY SET FORTH ON THE PUNT OF DRAKE CROSSING SHOPPING C121TER, A PLANN= UNIT DEVELOPMENT, NOTE; PORTIONS OF 1-= ACCESS, UTILITY AND DRAINAG8 BASEMENTS WERE VACATED BY fl THE CITY OF FORT COLLINS IN ORDINANCE NO. 11, SERIES OF 1983 RECORDED FEBRUARY 18, 1983 IN BOOR 2207 AT PAGE 1186, AND ORDINANCE NO. 158, SERIES OF 1983 5 Q RECORDED JANUARY 6, 1984 IN BOOK 2253 AT PAGE 1429. rV (AFFECTS PARCELS 2 AND 3) TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE NOTICE BY THE CITY OF FORT COLLINS RECORDED MAY 14, 1982 IN BOOK 2167 AT 'AGE 11- /AI�) (AFFECTS PARCELS 2 .*M 3 ) AGR=M=Ts, 'PROvTEXONS. CONDITIONS. AND OBLIGATIONS OF A MEMORANDUM OF /SHOPPING CENTER LEASE, FJLECUTED BY JOHN R. P. WHEELER, AS LESSOR(S) AND SAFEWAY «ff00 V sTOREB, INCORPORATED, AS LSSSER(S), RECORMM APRTL 30, 1982 IN BOOK 2165 AT PAGE 810, AND ANY AND ALL PARTIES CLAIMING BY, THROUGH, OR UNDER SAID IYY/1 LESSEE(s)- (AFFECTS PARCELS 2 AND 3) SEP-19-01 08:41AM FROM-EdQemark Development LLC +303 571 4651 T-071 P.011/014 F-126 1 us, 1.IV1I17 JVy-LUI commitment Number: 1219681 The policy or poliaies to be issued will contain vaceptions to the following unless the seine ate diopoaed of to the aatisfaetion of the comperiy: 1. Rights or claims of parties in possoarioa not shown by the public records. 2. Basements or claims of easements not shown by tha public records. 3. Discrepancies, conflicts in boundary lines, shortages 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquired of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Water rights, claims or title to water, whether or not shown by the public records. 8. THE RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT OR REMOVE HIS ORE, SHOULD THE SAME BE FOUND TO PBRETRATE OR INTMSZCT THE PREMISES THEREBY GRANTED AND RIGHTS OF WAY FOR DITCHES AND CANALS AS RESERVED IN UNITED STATES 7 PATENT RECORDED FEBRUARY 1, 1892 IN BOOR 86 AT PAGE 269, AND ANY AM ALL. ASSIGNMENTS THEREOF OR INTERESTS THEREIN. (AFFECTS ALL PARCELS) 9. AN EASEMENT FOR UTILITY AND INCIDENTAL PURPOSES OVER THE SOUTH 15 FEET OF TRACTS A AND B OF THE SHOPS AT DRAKE CROSSING, A PLANNED UNIT DEVELOPBO TP OF THE LAND AS SUBSTANTIALLY SET FORTH ON THE PLAT. (AFFECTS PARCEL 1) 10, AN EASEMENT FOR UTILITY AND DRAINAGE AND INCIDENTAL+ PURPOSES OVER THE EAST 5 PEET OF TRACT B of THE :SHOPS AT DRAKE CROSSING, A PLANNED UNIT DEAMLOPNENT OF THE LAW AS SUBSTANTIALLY SET FORTH ON THE PLAT. (AFFECTS PARCEL 1) 11. PLAT NOTES AS SET FORTH OM THE PLAT OF SHOPS AT DRAKE CROSSING, A PLANNED UNIT DEVELOPMENT AS FOLLOWSr TRACTS B AND C ENCOMPASS THE 20 FOOT UTILITY AND DRAINAGE EASEMENT AND THE 6 FOOT UTILITY EASM-MUT AS PLATTED IN TRACT B OF BROWN FARM THIRD FILING. TRACTS A AND C ARE DEDICATED AS AN ACCESS, UTILITY AND DRAINAGE EASMM. (AFFECTS PARCEL 1) SEP-19-01 08:40AM FROM-EdQemark Development LLC +303 571 4651 T-071 P.O10/014 F-126 .7 i•YVI IY JVY"LYI (6) Recording statutes require that all documents submitted for recording must contain a one -inch margin along the top and a one -half -inch margin along the sides and bottom of each page. The county clerk and recorder may reject any document that does not comply. WwZC9: In ZhO awnt we rase raq%este4 to yarleamti olociag junctions is eaftmatien w th the proposed transaction, we must require, as a condition of aioauw, information from the seller, an required by the Tax Reform Act of 19868, including the Seller's tax identification number or social security WWAber and foswatdittg address. SEP-19-01 Oe:40AM FROM-Edaemark Development LLC +303 571 4651 T-071 P.009/014 F-126 _.... _....... _ _..__ 1-&14 r•uona joo-cur �MYIIY MY�M� NYNM��• J. PARTNERSHIP AQRMK8NT AND ALL AMENDMENTS AND SUPPLEMENTS THERETO, OF NORTH FORSYTH AssocrATES, A xc=H CAROLINA PARTMRMIP. K. RESOLUTION SURCUM BY ALL THE FARTNERS on NORTH FORSYTH ASSOCZATES, A NORTH CAROLZNA PARTNERS M IN ACCORDANCE WITH THOSE TEAMS AND PROVISIONS OF THE PARTNERSHIP AGREM=gT RELATZNa TO, AND AUTHOR12ING, THE WITHIN COB9BWLATED TRANSACTION. L. ARTICLES OF ORGANIZATION AND OPERATING AGREF.RSBPl' OF EDGEMAR>t< DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY, ISSAll BY THE COLORADO SECRETARY OF STATE, OR A CERTIFIED COPY THEREOF. M. RESOLUTION EXECUTED BY ALL THE MANAGERS AND/OR MEMBER9 OF EDGMD" DEVELOPBM NT, LLC, A COLORADO LIMITED LIABILITY COMPANY, ATITHORIZING THE WITHIN CONTEMPLATED TRANSACTION. Note: (i) Execution of the Company's Lien Affidavit by the purchasers) and seller(s). In the event the lien affidavit discloses the existence of new construction on the property within the pant 6 months or plans for the commencement of new construction, additional requirements may be made. or standard Exception No. 6 will not be deleted from the final policies to be issued hereunder. (2) An ALTA Improvement Survey Plat in form, content and certification satisfactory to the company. Exception may be made to any adverse batters disclosed by the ALTA Improvement Survey Plat. (3) The standard printed Exceptions 1-5 will be deleted from the final policies when issued upon payment of the applicable premium and satisfaction of the requirement(s). (A) Upon verification of payment of all prior years' taxes, Exception No. 6 will be amended to read as follows: "Taxes and assessments for the year 2001 and subsequent years, a lien, not yet due and payable". (5) Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting Isom the transaction which was closed'. Provided that Chicago Title of Colorado, Inc., conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, Exception No. 5 in Schedule B-2 will not appear on the Owner's Title Policy and the Lender'B Policy whose issued. SEP-19-01 08:40AM FROM-EdQemark Development LLC +303 571 4651 T-071 P.008/014 F-126 4 �Iv r.uiria ouo-Lui !{iWU46AN Waan Q==itmoAt RAMUZ 1218687 no following are to be Coylia4 with: A. RELEASE OF DEED OF TRUST, SECURITY AGREEKSNR' AND FIXrO E FILING FROM 'TMP INVESTD0=M, INC., A CALIFORNIA CORPORATION, TO THE PUBLIC TRUSTEE OP LARR�R COUNTY. FOR THE BENEFIT OF MMdONT INVESTMENT & LOAN, SECURING AN ORIGINAL PRINCIPAL INDEBTEDNESS OF $7,600,000.00 AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY, DATED JANUARY 21, 199, AND RECORDED JANUARY 23, 1998 AT RECEPTION NO. 98004850. t� NOTE: ASSIGNAMNT, ASSUIOTTON AND SUBORDINATION AQREEUNTS IN CONNECTION WITH THE ABOVE DEED OF TRUST WERE RECORDED JANUARY 23, 1998 AT RECEPTION NUMERS 98004856, 9SUD4857 AND 9800458 AND JULY 23, 1999 AT RECEPTION NO. 99065542. NOTE: ASSIGNIMT OF RENTS AND LEASES, RECORDED JANUARY 23, 1998 AT RECEPTION No. 98004851, GIVEN IN CONNECTION WITH THE ABOVE DEED OF TRUST. B. TERMINATION OF FINANCINQ STATE== FROM 00 nr*TWTD8M=. INC., DEBTOR, TO FREEEMONT INVESTMENT & LOAN, SECURED PARTY, RECORDED JANUARY 23, 1998 AT RECEPTION NO. 98004852, C. TERMINATION OF FINANCING STATEMENT FROM ANTHONY E. COUNINI AND MAUREEN E. COUNINI, DEBTOR, TO FREMONT INVESTMENT rr LOAN, SECURED PARTY, RECORDED JANUARY 23, 1998 AT RECEPTION NO. 98004059. D. WARRANTY DEED SUFFICIENT TO CONVEY AN UNDIVIDED 45% INTEREST FROM TXV IIUVESTMENrs, INC., A CALIFORNIA CORPORATION, TO THE PROPOSED INSURED. THE DEED MOST HAVE THE CORPORATION'S CORPORATE SEAL AFFIXED AND MUST BE EXECUTED BY ITS PRESIDENT OR A VICE-PRESIDENT. E. WARRANTY DEED FROM ANTHONY E. COUNINI AND MAUREEN E. COUNINI TO THE PROPOSED INSURED, coNVEYING AN D)WIVIDED 14% INTEREST. F. WARRANTY DEED FROM NORT13 FORSYTH ASSOCIATES, A NORTH CAROLINA IARTNF.RSEiIP TO T" PROP08DO 1=UR2D, CONVEYING AN UNDIVIDED 39t INTEREST. G. WARRANTY DEED FROM PHILIP L. MINOR TO THE PROPOSED INSURED, CONVEYING AN UNDIVIDED 2% INTEREST. H. CERTIFICATE OF GOOD STANDING FROM THE CALIFORNIA SECRETARY OF STATE FOR TMP INVESTMENTS, INC., A CALIFORNIA CORPORATION. NOTES THE COMPANY HAS BEEN INFORMED THAT SAID CORPORATION HAS BEEN 9vsPEND= . I. RESOLUTION OF THE BOARD OF DIRECTORS OF TMP INVESTS, INC., A cALIFORNIA CORPORATION, AUTHORIZING THE WITHIN CONTEMPLATED TRANSACTION. THE RESOLUTION MUST CONTAIN AN ACKNOWLEDGED CERTIFICATION BY AN OFFICER OF THE CORPORATION. SEP-19-01 08:40AM FROM-Edaemark Development LLC +303 571 4651 T-071 P.007/014 F-126 IMMISIT Us THP INVESTMENTS, INC., A CALIFORNIA CORPORATION, AS TO AN UNDIVIDED 45% INTEREST; ANTRO14Y E. COUNINI AND MAUREPN E. COUNINI, AS TO AN UNDIVIDED 16% INTEREST; NORTH FORSYTH ASSOCIATES, A NORTH CAROLINA BAMMSHIP, AS TO AN UNDIVIDED 3994 INTEREST; AND PHILIP L. MINOR, AS TO AN UNDIVIDED 2% INTEREST SEP-19-01 08:40AM FROM-Edaemark Development LLC +303 571 4651 T-071 P.006/014 F-126 LEGAL DESCRIPTION FILE NO. 1218687 PAGE 1 OF 1 1MISIT A° PARCEL l: THE SHOPS AT DRAKE CROSSING A PLANNED UNIT DEVELOPMENT, ACCORDING TO PLAT RECORDED JULY 25, 1986 AT RECEPTION NO. 86040325, (BEING A REPLAT OF TRACT Co DRAM CROSSING SHOPPING CMSPPER, A PLANNED UNIT DEVELOPleIM AND A PORTION OF TRACT Dam BROWN FARM THIRD FILING), TOGETHER WITH RIGHTS UNDER THU DECLARATION OF COMAMS, CONDITIONS AND RESTRICTIONS OF DRAM CROSSING SHOPPING CENTER RECORDED IN THE PUBLIC RECORDS OF LAamlarli COUNTY IN BOOK 223E AT PAGE 606, AND ALL AMEND>10MS THERETO, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 2: ALL OF DRAKE CROSSING SHOPPING CENTER, A PLANNED UNIT DEVELOPMENT EXCEPTING THEREFROM TRACTS B AND C, ALSO EXCEPTING ALL STREETS AS DEDICATED THEREON, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 3: THE RZOUTS AAiD BENEFITS AS CONTAINED IN THAT CERTAIN EASEMENT AGREEMENT RELATING TO ACCESS, UTILITY AND DRAINAGE EASOWNTS, AS SET FORTH IN INSTRUMENT RECORDED DECOMER 3, 1984 IN BCOX 2300 AT PAGE 1801, COUNTY OF LARIMBR, STATE OF COLORADO. SEP-19-01 08:39AM FROM-Edaemark Development LLC +303 571 4651 \/ill VAV V ♦� a ar �r .-. .. � -. .. • I: T T 80a Txnx •OrINWO sonv= A 1. Effective date: February 23, 2001 at 7:30 A.M. 2. Policy or polioies to be iseueds T-071 PA05/014 F-126 ..' I -.71 IY YVY LYI conmitmeat numbery 1218687 Amount Premium (A) ALTA 017ner•s Policy . Proposed Insureds 8 10,659,000.00 5A-za.1.00 EDOEMARK DEMOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY (8) am Loam Policy - Proposed Insureds NONE (C) "TA Loan Policy - Proposed insured& DELETION OF EXCEPTIONS 1-4 110.00 TOSML a a.331.00 3. The estate or interest in the land described or referred to In Ghd.Y cemmicrosnt and covered herein is Pus simPle and Easement and title thereto iS at the effective date hereof vested is 13SB IF T RG AWACM a. The land reterrod to is this caalmsitzent is described as follows and shall hereinafter be referred to ao the "Ptoperty"t SEE "EXKZRIT A" ATTACHED Issued at: Denver, Colorado CHICA00 TITtz 2NffVR"CE CO. an: March 26, 2001 SEP-19-01 08:39AM FROM-Edaemark Development LLC +303 571 4651 T-071 P.004/014 F-126 I-LIY r.uaiia Juu-Lul CHICAGO TITLE INSURANCE COMPANY OOMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Mlssoud, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title inatrance, as idendfred 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 Schedule A and II 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 boon Inserted in Schedule A hereof by the Company, either at tho time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall ismte, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent_ IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when counteraigtred by an authorized offroer or agent of the Company. all in accordance with its By -LBWS. This Commitment is effective as of the date shown in Schedule A as "Effective Date." Issued by: CHICAGO TITLE OF COLORADO, INC. 1875 LAWRENCE STREET SUITE 1200 DENVER, CO 90202 (303) 291-9999 FAX (303) 293-9997 C I .4kz Autho ' d Officer or Agent CHICAGO TITLE INSURANCE COMPANY By: President By. ' Secretary .. Inn. o I Esc SEP-19-01 08:39AM FROM-Edaemark Development LLC +303 571 4651 T-071 P.003/014 F-126 . -.t IYY YYY 'LYI CHICAGO TITLE OF COLORAD09 INC. 1875 LA`VVRErNCE STREET, SUITE 1200 DENVER, CO 80202 ]?hone: (303) 291-9999 Commercial Department Fax: 291-9997 You may reach your title exaMiner, STEVB PERIN , at 291- 9929. Our Order Number: 1218687 The Property Address: aloo-2190 DRAKE ROAD, FORT COLLINS, co 80526 Current OWuer: TMP INVBSTK1CDTrS, INC. , A CALIFORNIA CORPORATION; ANTOONY E. COLIAMOX. AND MXUREEN E. COUNINI, at al. Property Purchaser: ==Wtx DEVELo>a ENT, LLC, A COL01=0 LIMITED LIABILITY COMPANY TM MAILING LIST CHICAGO TITLE INSURANCE CO. - Sfi0 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 ATTN: RANDY XNOTTS PHONE: (909) 994-0448 FAX: (909) 384-78SS All Chicago Title locailens follow. All phone and faX machine area codes are 309 unloss otherwise noted. ARVADA - Phone 9ao-8358fFax S40-6361 • AURORA - Phone ear-0801/Fax eoe-o494 • COLORADO SPRINGS -phone (719) 260-o222/Fax (719) 260-0738' DENVER - Phone 291-9989/Plant Fax 291.99A8/Escrow Fax 291-9997' ENGLEWOOD-Phone 770.0012/Fax 770-0080 ' EVERGREEN - Phone 670-8523/Fax 670-8638 - LAKEWOOD - Phone 988-o843/Fax 986-1130 LOVELAND - Phone (970) 667.8112/Fax (970) 567.3282 9 FORT COLLINS - Phone (970) 226-5242/Fax (970) 293-0376