HomeMy WebLinkAboutWATERFIELD PUD - PRELIMINARY - 7-95B - LEGAL DOCS - LEGAL COMMUNICATION (5)24. Easement and right of way for buried water pipeline, as
granted to East Larimer County Water District by Lincoln Trust
Company, recorded December 27, 1976, in Book 1740 at Page 896.
25. Easement and right of way for buried water pipeline, as
granted to East Larimer County Water District by Lincoln Trust
Company, recorded July 13, 1978, in Book 1873 at Page 126,
affecting the following described property:
A 20 foot wide permanent utility easement and a 50 foot
temporary construction easement side lines to meet existing
property lines as shown on the accompanying plat; located in
the W�4 of Section 5, Township 7 North, Range 68 West of the
6th P.M., Larimer County, Colorado, being more particularly
described as follows:
The South 20 feet and the South 50 feet respectfully .of a
portion of a tract of land recorded in Book 914 at Page 585
with the Larimer County Clerk and Recorder's office, which is
West of the centerline of the Larimer and Weld Canal. The
intent is to provide a permanent utility easement from the
West line of the said Section 5 to the centerline of the
Larimer and Weld Canal.
26. Terms, agreements, provisions,.conditions and obligations as
contained in Right of Way Agreement by and between Larimer and
Weld Irrigation Company and East Larimer County Water District
recorded January 12, 1979, in Book 1921 at Page 756.
27. Easement and right of way for electric transmission line,
granted to Poudre Valley Rural Electric Association, Inc., by
Summit View Properties by instrument recorded March 8, 1982,
in Book 2157 at Page 1223, in which the specific location of
the easement is not defined.
28. Any and all existing leases or tenancies.
29. Affidavit of Donald D. Weiss and Beverly A. Weiss recorded
March 22, 1995, at Reception No. 95016253, pertaining to a
claim of adverse possession for certain roadways along the
westerly edge of the property owned by Summit View Properties,
described therein.
continued
30. Any loss or claim arising out of the following matters as
disclosed by the Land•Survey Plat as prepared by Lanstar
Surveying, Inc., Project No. A9485, dated August 28, 1995:
a. Access road as shown along the western and northern
boundary of subject property.
b. The location of the Larimer & Weld Canal is shown to be
North of the legal description contained in the deed for
said canal.
C. The fact that the land used by the Larimer &Weld Canal
for the road right of way as described in Book 1503 at
Page 676 exceeds the 25 foot South of the centerline as
set out in said description.
said distance measured along the West line of the SW1/, of said
Section 7, thence in a Southeasterly direction on a line
making an intersection angle of 134*00' for a distance of 203
feet to a point on the South -property line of the above named
owner(s) said point lying on the North right of way line of
the county road, and being 132 feet more or less, East of the
West line and 68 feet more or less North of the South line of
the SIN of said Section 5.
18. Terms, agreements, provisions, conditions and obligations as
contained in Memorandum of Agreement by and between Boxelder
Sanitation District and C & O Properties recorded May 11,
1971, in Book 1461 at Page 295.
19. Right of way 25 feet for the Larimer and Weld County Canal,
said right of way being a strip 25 feet southerly of the
centerline of said canal, and right of way for road purposes
over the southerly 30 feet and easterly 30 feet of the SW1/, of
Section 5, as in Deed from The Plumer Group, a partnership, to
Mountain Haus Development Co., a Colorado Corporation,
recorded May 17, 1972, in Book 1503 at Page 676.
20. Easement and right of way for electric transmission line,
granted to Poudre Valley Rural Electric Association by John B.
Shattuck. and James O. Thorvilson by instrument recorded
November 21, 1974, in Book 1625 at Page 836, in which the
specific location of the easement is not defined.
21. Easement and right of way for electric transmission line,
granted to Poudre Valley Rural Electric Association by Alex
Dumler by instrument recorded November 21, 1974, in Book 1625
at Page 837, in which the specific location of the easement is
not defined.
22. Easement and right of way for electric transmission line,
granted to Poudre Valley Rural Electric Association by D. N.
Plummer by instrument recorded November 21, 1974, in Book 1625
at Page 863, in which the specific location of the easement is
not defined.
23. Easement and right of way for electric transmission line,
granted to Poudre Valley Rural Electric Association by Fred J.
Witzel by. instrument recorded November 21, 1974, in Book 1625
at Page 865, in which the specific location of the easement is
not defined.
continued
constructing, maintaining, repairing, re-laying and operating
the same, as granted to Roy E. Seaman by Denver N. Plummer in
the instrument recorded February 27, 1942, in Book 737 at Page
575. (Affects SW'/, SW1/, Section 5, Township 7 North, Range 68
West)
12. Right of way for electric transmission line purposes granted
to The United States of America by Alex Dumler and Eva Dumler
in the instrument recorded July 7, 1951, in Book 914 at Page
585. (Affects the N% SW1/, of Section 5, Township 7 North,
Range 68 West)
13. Easement for underground pipeline purposes granted to City of
Greeley by Alex Dumler and Eva Dumler in the instrument
recorded June 6, 1953, in Book 951 at Page 115. (Affects SW%
Sia% of Section 5, Township 7 North, Range 68 West)
14. Entire grantors interest in all oil, gas and other mineral
rights, as reserved by Alice Mary Kluver in the Deed to Alex
Dumler and Eva Dumler recorded October 7, 1955, in Book 1004
at Page 141, and any interest therein or rights thereunder.
(Affects NW1/, of Section 5, Township 7 North, Range 68 West.)
15. An undivided 1/2 of all oil, gas and other mineral rights
presently owned by. Sellers, as reserved by Alex Dumler and Eva
Dumler, Sellers, in the Warranty Deed to Marvin Smith, Hazel
W. Smith and Willis E. Smith, dated July 13, 1959, and
recorded December 15, 1959, in Book 1103 at Page 344, and any
and all assignments thereof or interests therein. (Affects
the NW'/, and the SW'/ of Section 5, Township-7 North, Range 68
West of the 6th P.M.)
16. Right of way easement for pipeline purposes granted to Western
Slope Gas Company by Marvin Smith, Hazel W. Smith and Willis
E. Smith in the instrument recorded February 20, 1968, in Book
1380 at Page 222, affecting the West 50 feet of the SW% and
that portion of the SWl/, Nqa3/. lying South of the Larimer and
Weld Canal, Section 5, Township 7 North, Range 68 West.
17. Easement and right of way for underground pipeline, as granted
to City of Greeley by Alex Dumler and Eva Dumler, recorded
June 17, 1971, in Book 1465 at Page 452, affecting the
following described property:
Commencing at a point on the West property line of the above
named owner(s) more particularly described as being 210 feet,
more or less, North of the SW corner of the SWl/, of the SigI/, of
Section 5, Township 7 North, Range 68 West of the 6th P.M.,
continued
Any policy we issue will have the following exceptions unless they
are taken care of to our satisfaction:
1. Taxes and Assessments, not certified to the Treasurer's
Office.
2. Any facts, rights, interests or claims which are not shown by
the public records, but which could be ascertained by an
inspection of the land or by making inquiry of persons in
possession thereof.
3. Easements, or claims of easement, not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments and any facts which a correct survey and
inspection of the land would disclose, and which are not shown
by public records.
5. 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.
G. Any and all unpaid taxes, assessments and unredeemed tax
sales.
7. Any water rights or claims or title to water in, on or under
the land.
8. Unpatented mining claims; reservations or exceptions in
patents or in acts authorizing the issuance thereof.
9. Reservations by Union Pacific Railway Company of .all coal
underneath the surface of said land, and such right of way and
other grounds as may be necessary for proper working of any
coal mines that may be developed upon said premises, and for
the transportation of coal from the same, in the Deed to
William H. Avery, recorded June 30, 1885, in Book 29 at Page
563.
10. Right of way for irrigating ditch or lateral, as evidenced by
Deed from L. C. Plummer and F.W. Garrett to A. F. Howes
recorded February 20, 1896, in Book ill at Page 238, the
specific location of which is not defined.
il. Right of way for underground water pipeline purposes, together
with the right of ingress and egress for the purpose of
continued
EXHIBIT A
TO SPECIAL WARRANTY DEED
FROM COUNTRY CLUB FARMS, LLC
TO THE CITY OF FORT COLLINS, COLORADO
That portion of the West Half of Section 5, Township 7
North, Range 68 West of the 6th P.M., County of Larimer,
State of Colorado described as follows.
Considering the West line of the Southwest Quarter of
said Section 5 as bearing North 00025155" East and with
all bearings contained herein relative thereto.
Beginning at the Southwest corner of said Section 5;
thence along said West line of the Southwest Quarter
North 00025155" East 1241.77 feet; thence South 89034105"
East 57.00 feet to the True Point of Beginning; thence
South 89034105" East 281.82 feet; thence South 36012'35"
East 73.53 feet; thence South 67040141" East 214.09 feet;
thence South 31002'24" East 402.20 feet; thence North
89034144" West 734.34 feet; thence North 00*25155" East
481.99 feet to the True Point of Beginning. Containing
6.148 acres more or less.
;Reeordod at
Reception No.
o'clock _ ,A, on
Book — Page
Recorder
cam. `c) 0ecial `WarrarZty,`Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
"property") from the individual(s), corporation(s), partnership(s), or other entity(ies) named below as GRANTOR to the individuals)
or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE, and the GRANTOR warrants the title against all persons
claiming under the GRANTOR, except for any particular matters described below under "Additional Warranty Exceptions," and ex-
cept for any of the following matters established by the GRANTOR and evidenced by recorded document: casements, rights -of -
way, mineral grants, mineral leases, and protective convenants and restrictions. The GRANTOR does not warrant against the lien of
the general property taxes for the year of this Deed.
The Specific Terms of This Deed Are:
Grantor: (Give name(s) and place(s) of residence; if the spouse of the owner -grantor is joining in this Deed to release homestead rights, identify
grantors as husband and wife.)
Country Club Farms, LTC, a Colorado limited liability company
c/o Colorado Land Source Ltd.
8101 E. Prentice Avenuer Suite M180
Erglovood, CO 80111
Gr tee: (Give name(s) and address(es); statement of address• including available road or street number, is required.)
The City of Fort Collinsr Colorado, a municipal corporation
300 Laporte Avenue
Fort Collins, CO 80521
Form Of Co -Ownership: (it there are two or more grantees named, they will be considered to take as tenants in common unless the words "in
joint tenancy" or words of the same meaning are added in the space below.)
Property Description: (include county and state.)
See Exhibit "A" attached hereto and incorporated herein by reference
Property Address: Undeveloped property
Consideration: (The statement of a dollar amount is optional; adequate consideration for this deed will be presumed unless this conveyance is
identified as a gilt; in any case this conveyance is absolute, final and unconditional.)
Reservations-Restrictlons: .(II the GRANTOR intends to reserve any interest in the property or toconvey less than he owns, or if the GRANTOR
is restricting the_GRANTFU='S right 0 the pfopenv. make aoprooriple indication.)
Reservations and easements described on Exhibit "B"'attached hereto.and incorporai
by reference, -and reservations and restrictions of record described under "Additi(
Warranty Exceptions" below
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
Exceptions asset forth on Exhibit "C",attached hereto and incorporated herein by
reference
Executed by the Grantor on .19 97
Signature Clause for Individual(s):
Signature Clause for Corporation, Partnership or Association:
Country Club Farms, LTC, a Colorado limited liability company Grantor
Name of Grantor: Corporation. Partnership or Association
By James R. MCCOryr Manager
By
Attest:
STATE OF COLORADO
COUNTY OF-AFPAHCE )
day of
The foregoing instrument was acknowledged before me this ��
By -James R. MCCoryr Managerr Country Club Farms,
WITNESS my hand and official seal.
My commission expires:
STATE OF
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
Notary Public
Grantor
Grantor
19 97
19
By .
r Association, then identity signers as president or vice president and sacra dry o
(• name individual Grantor(s) or it Grantor isCorporation. Partnership o
assistant secretary of corporation; or as partners) of partnership; or as authorized member(s) of association.)
WITNESS my hand and official seal.
My commission expires:
Notary Public
U
c 1981 UPDATE LEGAL FORMS (�
P.O. Box leis - Greeley. Colorado 00632 No. 202
(303) 356-6350
4. This Escrow Agreement shall inure to the benefit of, and
be binding upon, the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Escrow
Agreement as of the date written above.
COUNTRY CLUB FARMS, L.L.C., a
Colorado limited liability company,
By:
James R. McCory, Manager
CITY OF FORT COLLINS, COLORADO, a
municipal corporation
By:
John Fischbach, City Manager
APPROVED AS TO FORM:
Carrie Mineart Daggett, Assistant City Attorney
ATTEST:
Wanda Krajicek, City Clerk
3
L•
1. Concurrently with the execution of this Escrow Agreement,
Country Club shall deliver to the City the original, fully -executed
Dedication Deed to the City Clerk.
2. The City Clerk shall hold the Dedication Deed in escrow
until the occurrence of one of the following events:
a. In the event that Country Club does not receive
preliminary approval of the Waterfield P.U.D. and after
all appeal and referendum periods have expired with no
appeal or referendum having been filed by Country Club,
the City Clerk shall return the Dedication Deed to
Country Club and this Escrow Agreement shall be
terminated.
b. In the event that Country Club obtains
preliminary approval of the Waterfield P.U.D. and final
approval of at least one phase of the Waterfield P.U.D.
and after all appeal and referendum periods have expired
with no appeal or referendum having been filed or, if
timely filed, has resulted in upholding such approval,
then the City Clerk shall deliver the Dedication Deed to
the Office of the Clerk and Recorder of Larimer County,
Colorado for recording in the real property records.
3. All notices or other communications given the parties to
this Escrow Agreement shall be personally delivered to or sent by
express or overnight mail, or by first-class postage prepaid or by
facsimile to the parties at the following addresses, or to any
change of address given in writing by one party to the other:
TO COUNTRY CLUB: James R. McCory, Manager
8101 E. Prentice Ave., Suite M180
Englewood, CO 80111
Telephone: (303) 290-9009
Facsimile: (303) 290-9097
WITH COPY TO: Lucia A. Liley, Esq.
March & Myatt, P.C.
110 East Oak St., Suite 200
Fort Collins,. CO 80524
Telephone: (970) 482-4322
Facsimile: (970) 482-3038
TO THE CITY: Stephen J. Roy, Esq.
City Attorney
300 Laporte Ave.
Fort Collins, CO 80521
Telephone: (970) 221-6520
Facsimile: (970) 221-6327
2
ESCROW AGREEMENT DRAFT
THIS ESCROW AGREEMENT is made and entered into this day
of , 1997, by and between Country Club Farms, L.L.C., a
Colorado limited liability company, whose address is c/o Colorado
Land Source Ltd., 8101 E. Prentice Avenue, Suite M180, Englewood,
Colorado 80111 ("Country Club"), and the. City of Fort Collins,
Colorado, a municipal corporation, having its principal offices at
300 Laporte Avenue, Fort Collins, Colorado 80521 (the "City").
WITNESSETH:
WHEREAS, Country Club is the owner of a 140.09-acre parcel of
property located in north Fort Collins, more particularly described
on Exhibit "A" attached hereto and incorporated herein by reference
(the "Property"); and
WHEREAS, Country Club has submitted to the City an application
for preliminary approval of the Waterfield P.U.D., a mixed -use
development of the Property; and
WHEREAS, Country Club has agreed to dedicate a 6.14-acre
parcel within the Waterfield P.U.D., described more particularly on
Exhibit "B" attached hereto and incorporated herein by reference,
to the City for public use as a neighborhood park (the "Park
Site"); and
WHEREAS, on January 22, 1997, the City's Parks and Recreation
Board unanimously recommended acceptance of the Park Site by the
City for use as a neighborhood park; and
WHEREAS, the City Attorney for the City has reviewed the title
and Phase I environmental study for the Park Site and is satisfied
that the condition of the property is acceptable to the City for
use as a neighborhood park; and
WHEREAS, the City Attorney has reviewed and approved the form
of the deed dedicating the Park Site to the City (the "Dedication
Deed"), a copy of which is attached hereto and incorporated herein
by reference as Exhibit "C", and the City has agreed to accept
deposit of the Dedication Deed into an irrevocable escrow with the
City Clerk as set forth below.
NOW, THEREFORE, by and in consideration of the above premises
and the within terms and conditions, the parties hereto agree as
follows:
Carrie Mineart-Daggett, Esq.
April 18, 1997
Page 2
with the Registry Ridge open space purchases in that the final
easements and/or rights -of -way will be determined after final
approval of the first phase.
The preliminary PUD is scheduled for the Planning and Zoning
Board hearing on May 19th. By May 12th, the Planning Department
needs to have a letter from you confirming that the park deed has
been placed in an irrevocable escrow with the City.
I am sending you the Escrow Agreement and deed so that you can
begin your review, and I will follow up with the exhibit regarding
reservations as soon as City Engineering approves the preliminary
roadway designs next week.
Please call if you have any questions.
By
LAL/glr
Enclosures
cc:�Mike Ludwig
Jim McCory
Bud Curtiss
Cathy Mathis
sincerely,
MARCH & MYATT, P.C.
MARCH & MYATT, P.C.
ARTHUR E MARCH, JR.
ATTORNEYS AND COUNSELORS AT LAW
RAMSEY D. WYATT
110 E OAK STREET
ROBEFIT W. BRANDES JR
FORT COLLINS. COLORADO 805242&W
FJCHARO S. OAST
(970) 492-4=
LIICIA A. ULEY
FAX (970( 482�3008
J. BRADFORD MARCH
LINDA S. A/IUJ:R
April 18, 1997
JEFFREY J. JOHNSON
MATTHEW J. DOUGLAS
ARTHUR E. MARCH
1909-19l1
MAILING ADDRESS
P.O. BOX 499
FORT COLUNS, 00 90622�99
Carrie Mi art -Daggett, Esq.
City Atto ney's Office
City of ort Collins VIA HAND DELIVERY
300 Lapo to Avenue
Fort Co Tins, Colorado
RE: Waterfield PUD Escrow Agreement and Deed for Park Site
Dear Carrie:
Enclosed please find a draft of an Escrow Agreement and a copy
of the deed to the park site within the Waterfield P.U.D.
As you may recall, County Club Farms, L.L.C., the owner of the
Waterfield P.U.D. property, had agreed last year to dedicate a
6.14-acre park site to the City. The Parks and Recreation Division
staff helped identify and locate the exact site. On January 22,
1997, the Parks and Recreation Board unanimously recommended
acceptance of the site.
The dedication deed was scheduled for City Council acceptance
in early February when questions arose regarding additional title
and environmental reviews. These reviews were accomplished, and I
was advised that the City was satisfied with regard to both issues.
Shortly thereafter, however, Mike Powers called to let me know that
the City preferred to handle this dedication by placing it in an
irrevocable escrow prior to the Planning and Zoning Board hearing
on the Waterfield Preliminary P.U.D., as was done -with the Registry
Ridge P.U.D. park site. I confirmed with you that this was the
procedure directed by the City to accomplish the dedication prior
to the Planning and Zoning Board's approval of the preliminary
plan.
Since we have no escrow agent as with Registry Ridge, I have
provided that the City Clerk will hold the park deed until either
the project is denied, in which event the deed will be returned, or
its approval, in which event the deed will be recorded.
As with the Registry Ridge deeds, I have excepted from the
grant those reservations which the owner's engineers advise me are
needed for development of the project, with language providing for
additional easements or rights -of -way if required by the City.
This concept is the same as that negotiated with you in connection