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HomeMy WebLinkAboutWATERFIELD P.U.D., 2ND FILING - FINAL - 7-95D - LEGAL DOCS - LEGAL DOCUMENTSI I I I1 11 Vol L, A PORTION OF THE WEST. 1/2 OF s SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST m OF THE 6th P.M. COUNTY OF LARIMER, STATE OF COLORAOO D.B. C(1T OF FORT COLONS PARK SttE &124 ACRES -M{n CL118 FARMS LARD, L LC I 9485E7f1 D.P. 1' loc 5/7/97 nP/MVS LANDSTAR SLIVEYM INC. 1327 k Lincoln Ave- l�r_Wr4. OD 80537, (970) 667-3294. FAX (970) 667-7151 West 300.00 feet; thence parallel with said East line of the Southwest Quarter of Section 5 South 00000'5411 East 300.00 feet to the True Point of Beginning. Containing 140.094 acres more or less. EXCEPTING THEREFROM 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 00025/55/1 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 0002515511 East 1241.77 feet; thence South 89034'05" East 57.00 feet to the True Point of Beginning; thence South 8903410511 East 281.82 feet; thence South 36012'35" East 73.53 feet; thence South 6704014111 East 214.09 feet; thence South 3100212411 East 402.20 feet; thence North 8903414411 West 734.34 feet; thence North 0002515511 East 481.99 feet to the True Point of Beginning. Containing 6.148 acres more or less. The Grantor shall only have such easement rights as shall be necessary to meet access, utility or drainage requirements imposed by the City of Fort Collins in conjunction with the development of the PUD Property, provided that such easement rights shall not materially impair the Grantee's intended use of the Conveyed Property as a public park nor materially diminish the useable area of such property. 3 That portion of the West Half of Section 5, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, described as follows: Considering the South line of the Southwest Quarter of said Section 5 as bearing North 89011f26" West and with all bearings contained herein relative. thereto. Commencing at the South Quarter corner of said Section 5; thence along said South line of the Southwest Quarter North 89011f26" West 300.00 feet to the True Point of Beginning; thence continuing along said South line North 89011/26/1 West 470.00 feet; thence North 00048/34/1 East 596.71 feet; thence North 8901lf26" West 146.00 feet; thence South 00048/34/1 West 82.22 feet; thence North 89011/26/1 West 254.00 feet; thence South 00044'01" West 514.49 feet to said South line of the Southwest Quarter; thence along said South line North 89011f26" West 1424.94 feet; thence North 00025/55/1 East 176.34 feet; thence North 89034f32" West 50.67 feet to the West line of said West Half of Section 5; thence along said West line North 00025/55/1 East 2957.41 feet to the centerline of the Larimer and Weld Canal; thence said centerline the following 11 courses and distances: 1) South 52037'49" East 492.00 feet; 2) South 61045/49/1 East 418.00 feet; 3) South 70034f49" East 260.00 feet; 4) South 60004/49/1 East 389.00 feet; 5) South 53049/49/1 East 176.30 feet; 6) South 55057/32/1 East 234.78 feet; 7) South 63035/57/1 East 117.81 feet; 8) South 83027f54" East 187.84 feet; 9) North 87045/1111 East 295.91 feet; 10) North 84033FO911 East 153.85 feet; 11) North 74026/45/1 East 133.23 feet to the West line of that certain parcel of land as described at Reception No. 87068478, records of said County; thence along said West line the following four courses and distances: 1) South 00000/54/1 East 54.54 feet; 2) South 80000/54/1 East 23.00 feet; 3) South 00000/54/1 East 72.00 feet; 4) South 45000/54/1 East 70.71 feet to the East line of said Southwest Quarter of Section 5; thence along said East line South 00*0015411 East 1666.00 feet to a point 300.00 feet North of said South Quarter corner of Section 5; thence parallel with said South line of the Southwest Quarter of Section 5 North 89011'26" 2 MOM EXHIBIT B Reservations to Special warranty Deed Between Country Club Farms, LLC ("Grantor") and The City of Fort Collins, Colorado ("Grantee") This Exhibit "B" is an attachment to a Special Warranty Deed by which the Grantor conveyed that property described on Exhibit "A" (the "Conveyed Property") to the Grantee. The Grantor reserves for itself and its successors and assigns, the utility easement described below: 15-Foot Utility Easement The West 15 feet of the following -described parcel of land: 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 56.00 feet to the True Point of Beginning; thence South 89034105" East 282.82 feet; thence South 3601V 35" East 73.53 feet; thence South 67040141" East 214.09 feet; thence South 31002124" East 402.12 feet; thence North 89033159" West 714.60 feet to the beginning of a non - tangent curve concave to the Northeast having a central angle of 11029112" and a radius of 1033.00, the chord of which bears North 05018'4l" West for 206.75 feet; thence Northerly along the arc of said curve 207.10 feet; thence tangent from said curve North 00125'55" East 276.07 feet to the True Point of Beginning. Containing 6.124 acres more or less. Following this reservation is a map showing the area of the Conveyed Property and the above -described utility easement which the Grantor hereby reserves. Subject to City Council approval, Grantee agrees to grant additional easements and rights -of -way to Grantor as may reasonably be required to develop its property adjacent to the Conveyed Property which is more particularly described as follows (the "PUD Property): WE 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 89034'05" East 56.00 feet to the True Point of Beginning; thence South 890341.05" East 282.82 feet; thence South 36012135" East 73.53 feet; thence South 67040141" East 214.09 feet; thence South 31002'24" East 402.12 feet; thence North 89033'59" West 714.60 feet to the beginning of a non - tangent curve concave to the Northeast having a central angle of 11029112" and a radius of 1033.00, the chord of which bears North 05018'4l" West for 206.75 feet; thence Northerly along the arc of said curve 207.10 feet; thence tangent from said curve North 00025'55" East 276.07 feet to the True Point of Beginning. Containing 6.124 acres more or less. M RCPTN'#•97073857 11/07, ! 10:17:00 # PAGES - FEE - $31.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DVS FEE - $.00 r in m 0 0 a 3 to c cam. `6pecral �Warragty-`Deed _Q�:D THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the ••property') from the Indlvidual(s), corporation(s), partnership(s), or other entity(ies) named below as GRANTOR to the individual(s) or entity(les) 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: easements, 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 placels) of residence; it the spouse of the owner -grantor is joining in this Deed to release homestead rights, identity grantors as husband and wile.) Country Club Farms, LLC, a Colorado limited liability company STATE.D000MENTAW1 c/o Colorado Land Source Ltd. r� 8101 E. Prentice Avenue, Suite M180:Sit�n''�': Englewood, CO 80111 Grantee: (Give name(s) and address(es): statement of address• including available road or street number, is required.( The City of Fort Collins, Colorado, a municipal corporation 300 Laporte Avenue Fort Collins, CO 80521 Form of Cio-Ownership: (il there are two or more grantees named, they will be considered to lake as tenants in common unless the words "in joint tenancy" or words of the same meaning are added in the space below.) v' Property Description: (include county and state.) i; t See Exhibit "A" attached hereto and incorporated herein by reference zVJ c)ta- v < i 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 gill; in any case this conveyance is absolute, final and unconditional.) Reservations -Restrictions: (if the GRANTOR intends to reserve any interest iri the property or to convey less than he owns, or it the GRANTOR Is restricting the GRANTEE'S right in the property, make appropriate indication.) Reservations and easements described on Exhibit "B" attached hereto and incorporated herein by reference and reservations and restrictions of record described under "Additional Warranty Exceptions" below. Additional Warranty Exceptions: Itnclude deeds of trust being assumed and other mailers not covered above.) Exceptions of recc 1) zoning regulations and similar restrictions imposed by the governmental body(ies) Jurisdiction over the Property; 2) the lien of general taxes for the year of closing; 3) all reservations, easenents, exceptions and rights -of -way of .record; 4) protective covenants; 5) those rights, if any, of third parties in the Property not shown by pub.' records. May 9 tg 97 Executed by the Grantor on Partnership or Association: Signature Clause for Indirldual(s): signature Clause la Corporation.P Country Club Farms, LLC, a Colorado limited liability ccanY Grantor Name of Grantor: Corporation. Partnership or Association Grantor By James R. Manager By Grantor Attest: STATE OF COLORADO ) SS. p�NE R(/S COUNTY OF LARIMGR ) �P . Is9% ' yyyGt The foregoing instrument was acknowledged before me this 9th day of May % By James R. McCory, Manager, Country Club Farms, LT-C RY ' i WITNESS my hand and ollfcig1/Gn, l/seal 11� My commission expires: db// /J Notary PuMle p LIC j STATE OF ) as. COUNTY OF . ) day of �otbAo� The foregoing instrument was acknowledged before me this By I• nameindividual 6fit"torls) or if Grantor is Corporation, Partnership or Association, then identify signersof association.) as president or vice president and sacra aryo assistant secretary of cot POralion: or as partnerls) of partnership; or ea authori[ed member(s) association.) th WITNESS my hand and official seat. e 1281 UPDATE LEGAL FORMS P.O. Box 1815 - Greeley. Colorado 80632 (o031-Ye•e±so _ _ Notary Public 3 CITY OF (='' v,;, !_14:3 .1 ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS Michael Ludwig, City Planner Current Planning Department City of Fort Collins 281 N. College Ave. Fort Collins, CO 80521 Re: Waterfield P.U.D. MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (970) 482-4322 TELECOPIER (970) 482-3038 December 17, 1997 ARTHUR E. MARCH 1908-1981 MARLING ADDRESS: P.O. BOX 469 FORT COLLINS. CO 80522-0469 Dear Mike: a M _ J Enclosed please find twelve (12) copies of the recorded Special Warranty Deed that transfers the property for the park site from County Club Farms, LLC to The City of Fort Collins for your file. Please do not hesitate to contact me if you have any questions or if you are in need of additional documentation. Have a very happy holiday! Sincerely, MARCH & MYATT, P.C. By: KZIft, h--I1Q Krista R. Nero, Paralegal to Lucia A. Liley LAL/krn Enclosures cc: Jim McCory