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Home My WebLink AboutHARMONY VILLAGE PUD REPLAT NO 3 - 65 93G - SUBMITTAL DOCUMENTS - ROUND 2 - LEGAL DOCUMENTS (3)01/21/01 15:14:27 sc SF1278 Schedule A - Legal Description continued File # LR51216BOO Order No. LRS1216B00-4 of tangent; thence South 89'36'53" West a distance of 135.44 feet; thence on the arc of a tangent curve to the left having a Delta of 07'48'21", a radius of 312.00 feet, a distance of 42.51 feet, the chord of which bears South 85'42'43" West a distance of 42.47 feet; thence North 00'00'00" West a distance of 132.09 feet; thence South 89'36'51" West a distance of 25.41 feet; thence North 00*23,09" West a distance of 230.91 feet; thence South 88'37'39" East a distance of 108.57 feet; thence South 89*42,37" East a distance of 83.55 feet; thence South 44'56'54" East a distance of 44.25 feet; thence South 01'03126" East a distance of 315.99 feet to the Point of Beginning. To Be Known As Lot 2A, HARMONY VILLAGE P.U.D., REPLAT NO. 3, County of Larimer State of Colorado. (for informational purposes only) Vacant Land, Harmony Village PUD File A LR51216BOO r FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue " Fort Collins, CO 80526 " Phone: (970) 493-3051 " FAX: (970) 224-2177 COMMITMENT SCHEDULE A Commitment'No: LR51216B00-4 1. Commitment Date: November 22, 2000 at 7:29 A.M. 2. Policy or Policies to be issued: Policy Amount (a) owners Policy - Proposed Insured: $ 1,149,984.00 First National Bank 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Dial -Fort Collins I, L.L.C., a Nebraska Limited Liability Company and First National Bank 4. The land referred to in this Commitment is described as follows: All of Lot 3 and portions of Lot 2 and Lot 4 of HARMONY VILLAGE P.U.D., Replat No. 1, located in a portion of the Northeast 1/4 of Section 6, Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, more particularly described as follows: Basis of bearings: The course on the West right-of-way line of Timberline Road shown on Harmony Village P.U.D, recorded at Reception No. 99037003, Larimer County, Colorado, bearing South 01'03'26" East, a distance of 539.45 feet, being monumented at the Northerly end by a No. 5 rebar with a 1 1/2" aluminum surveyor's cap stamped "JR ENG LS 24307" and at the Southerly end by a No. 5 rebar with a 1 1/2" aluminum surveyor's cap stamped "JR ENG LS 24307" Commencing at the Northeast corner of said Section 6; thence on said East Line, South 00'23107" East a distance of 494.80 feet; thence South 89'36'53" West a distance of 64.85 feet to the Point of Beginning, said point being a non -tangent point of curve; thence on the arc of a curve to the right having a Delta of 37'41'2211, a radius of 40.00 feet, a distance of 26.31 feet, the chord of which bears South 70'55'03" West a distance of 25.84 feet to a point --Continued PREMIUM: Owner's Policy $ 1,257.00 01/21/01 15:14:20 so SF1278 urcocrl TITLE DEPARTMENT - , LIVERY TRANSMITTAL FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue - Fort Collins, CO 80526 - Ph: (970) 493-3051 - Fay: (970) 224-3993 First American Heritage Title Company DATE: JANUARY 21, 2001 a. C-�, nw on... Y.. re. ORDER NO: LR51216B00 ADVANTAGE PROP.ADDR: Fort Collins, Colorado OWNER/BUYER: First National Bank PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: ICL.O SING First American Heritage Title Co ATTN: Cherie DuCharme/Fort Collins OFFICE Fort Collins Escrow Office 1000 Centre Avenue PHONE: (970) 493-3051 Fort Collins, CO 80526 FAX: (970) 224-3993 1 # COPIES: 1 ROUTING METHOD: DELIVER TO: First Natioal Bank 205 West Oak Street Fort Collins, CO 80521 # COPIES: 1 TO: Dwyer, Huddleson & Ray, P.C. r.40e PHONE: FAX: ROUTING METHOD: DELIVER ATTN: Charles Huddleson 215 W. Oak Street PHONE: 482-1056 Fort Collins, CO 80521 FAX: 482-3840 # COPIES: 1 ROUTING METHOD.- DELIVER TO: Dial Capital Corporation ATTN: Barb Wulf *Mail Hard Copy* 11506 Nicholas Street #200 PHONE: 1-402-493-2800 Omaha, NE 68154 FAX: 1-402-493-8069 1 # COPIES: 1 ROUTING METHOD: FAX THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: Sch. A: Amended Purchase Price and Owner's Premium TRANSMrr File # LR51216B00 PLAT HARMONY VILLAGE P.U.D., REPLAT NO, 3 A REPLAT OF LOT 1, LOT 2, LOT 39 AND LOT 47 OF HARMONY VILLAGE P.U.D., REPLAT NO. 1 A PORTION OF THE NORTHEAST ONE -QUARTER OF SECTION 6, _ TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6TH P.M. CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO CITY OF FORT COLUNS 20-WATER LINE EASEMENT I ' _ I— a .L I \�9' UTILITY \ EASEMENT HARMONY ROAD (STATE MGHWA Y 88) PofNr-Or-WAY DESCRIBED .IV BODY J434 PACE S22 `mr ELECTRICAL EASEMENT / Lor 1 PEA HAANCN/Y YLLAGE AUn REPU r I PREVIOUS LOT 1 AND LOT 2 PROPERTY UNE PER R-5630 W L-406.82' CH—SM4'45% 498.66' .$YBwc cANmw Bra/ CO. OmmivENr EASEMENT. 1N/S B70/ AND EASEMENT NA Lc BEEN ABANOOVED NOR7NEASr CORNER S£C770N 6 / RECODERED 3-1 �4-ALUM/NUM CAPJ STAMPED IS /7497-IN A RANGE BOX I hN so >� I b SB637'39'E 194.31' S89'4Y37 E 63.55' C3 aS.74 _ -105.571 mr ---- _ P. �i.Fr1T.W irmYM -`A911 NZ{O Ol.i]IOf1 MA Lot 1A LOTZPER 3.34 AC. ""` �EPL� J CN.NiiIi46-E \ __- HARMONY VILLAGE PU.1 O. tn1 REPLAT I 130.1t' \ \ ___ -- _� v 1 I ��- 7 R-1018..w LOr wA PER PREVIOUS LOT 2 AND LOT 3 PROPERTY LANE PER HARMONY VILLAGE P.U.D. REPLAT 1 PREVIOUS LOT 2 AND LOT 4 PROPERTY LANE PER HARMONY VILLAGE P.U.D. REPLAT 1 ItI l L-203.13 /. _ W ILh10LLL1V)' Ar I PUD. , v.� \ �\ LOT 4 PER CH-N85TS'32 REKAT / �\ \ \ `\ /GRIAGWVLLACJE'P.7t4. f99PLAT 1 UEASEMENT I AVAAIA'iVY VlLA(iE P.UG \ TIUTY 1 PUBLIC ACCTESS — -.L— — — — — — — — — J OIY/rY, AND \ \ / - - - - ORAwALE EAYAAEA'r LOT rig Ps?`\ \` 1 EASMENT l / I _-� HAWONY VLLAGE P.UR\ \ \ Lot 2 A 15' LMUTY EA ENT 1.76 AC. 41 LOT 9 Pt77 j AWAIMQYY VLLAE7E P.ULI 1 REPLAT I �0x ju 1 eer��°�__T±A _1 EASEMENT TJ I �I, F unun rHHm I EASEMENT am I OOURETYELT 4POPRAND PER HARMONY KLUGE P.U.D. I I REPLAT 1 I I II AxFtAr I , , CH-N4834'40'W 1 ,AL 274 5T 1 "1 I", m4cra PEA 1 1 HAA OVY VLLAaF P.UQ I I REPLAT I � I T 1 / / / l I PUBIC AC'Lr_SS AND I I I I 1 UpUrr EA.SfMENr I I I J� _F 1 1 LOT lIA PER 1' I I — —'— — HARUEIVY VLLAaFP.UQ AEPL./ T I L � I/ I� I 0 I 1 I P ' I i p 16ii` I 0�$ I lu h I 4i� 6 v I ti I� W I o� R r--1- I LOr 6 PER I I 1 A-3T43'3S' HAANADW VZ"61E PV4 I I R-40.1 0' A-11'40'44' REPLAr 1 I I I L-26.34' R-312A0' 1 I CH-S7i7'45.06'W . CH-SS0' 48'I I 2566' r8S4g'-31'Wj I i I L TIMBERLINE ROAD RIGHT OF WAT I I f — (NgTH VARIES) —"I( I I I I I I I I I I I I EAST ONE-OUA197ER CORNER SEC77OV 6 RECOVERED 2 1/1'ALUM/NUM CA STAMPED IS 17662' IN A RANGE BOX 40' 20' 0 40' BO' SCALE 1' - 40' NOTES I. CURVE TABLES REFLECT CURVE DATA ON HARMONY VILLAGE P.U.D. FINAL PUT AND REPLAT NO. 1. NEW CURVE DATA IS PER THIS REPLAT. 1 THOSE EASEMENTS RECORDED AT RECEPTION NUMBER 200003991a ARE HEREBY VACATEO WITHIN THE BOUNDARIES OF THIS REPLAT BY ME RECORDING OF THIS REPLAT. CURVE TABLE 6m1RAI=!`IEwm alien rn C1 ML30.00 IM22 3a10.00 19p,22 1Mp0.2121 ' MCW ml i n.TA OCO l l< GCOI {T ®��T.v rplS7[r�i ®6'71E '7iLT57RR91F'!:TC'ri7RLSRi7 ®I�Tl9'7L7."I�i7D!T2�,I'S�i miP27i71Fii7ira .ra:rr GIFS9291 C�7i'T.R �ii:�?9FFTS'JCiEG:.Y••.i71^-F49'� ®R.ST•57tiiiT.9[EiSNDF�LCZYi".1FSYFZ'.7 EASEMENT CURVE TABLE MK RAaly L.rM CIHeID aIHW- MIA ECJ M100 1.I3 1.12 1{• EM aaaw lnex 1561 Ew 21600 1!2]6 tn.p{ [013 ZC600 mm ULM FE- 280p 1S0 1S07 Eas L603 {I= {I.b ECIS 31200 21.m 21.N ECIJ 31ZW M13 M.12 coo 311 22. 37 LEGM SET A ENGINEERING 15 REBAR G NTH ALUMINUM CAP LS 24307 UNLESS OTHERWISE NOTED 0 FOUND REBAR A.E. ACCESS EASEMENT D.E. ORMNAGE EASEMENT U.E. UTILITY EASEMENT SF SOUARE FEET AC ACRES ROW RIGHT OF WAY (TYP.) TYPICAL (R) RADIAL UNE HARMONY VILLAGE P.U.D., REPLAT NO. 3 PROJECT NO. 9168.00 DATE. 1/29/01 SHEET 2 OF 2 J'R ENGINEERING Al 20 Fay ROMW Pad Sl9 W-Fal Cabs CO M 910-0-90B•Poz 9N-91F� WONwavems= ENGINEERING/PIA77NING/SURVEYING LEGAL DESCRIPTION KNOW ALL MEN BY THESE PRESENTS THAT ME UNDERSIGNED BEING ALL THE OWNERS AND PROPRIETORS OF THE FOLLOWING DESCRIBED LAND TO -WIT; A TRACT OF LAND LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 8. TOWNSHIP B NORTH. RANGE 88 WEST OF THE 5111 PRINCIPAL MERIDIAN, CITY OF FORT COLLINS. LARIMER COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BASS OF BEAR C04JRSE ON THE WEST RIGHT-OF-WAY LINE LINE OF TIMBERLINE ROAD SHOWN HARMONY VIILLAGE OE RECORDED AS RECEPTION #99037003. LARIMER COUNTY. COLORADO. EARING ONSOIW28-E, A DISTANCE OF 539.45 FEET. BEING MONUMENTED AT ME NORTHERLY END BY A NO. 5 REBAR WITH A T-1/21 ALUMINUM SURVEYOR'S CAP STAMPED-JR ENG LS 24307' AND AT THE SOUTHERLY END BY A NO. 5 REPAR NTH A 1-1/2' ALUMINUM SURVEYOR'S CAP STAMPED *A ENO LS 2430T. LOT 1, LOT 2. LOT 3, AND LOT N. OF HARMONY VILLAGE P.U.D. REPLAT NO. 1 RECORDED AS RECEPTION 2000039918. LARIMER COUNTY RECORDS THE ABOVE DESCRIBED TRACT CONTAINS 5.098 ACRES, MORE OR LESS. THE UNDERSIGNED HAVE CAUSED THE ABOVE DESCRIBED LAND TO BE SURVEYED AND SUBDIVIDED INTO LOTS. TRACTS STREETS AND EASEMENTS AS SHOWN ON THIS PLAT TO BE KNOWN AS HARMONY VILLAGE P.U.D., REPLAT NO. 3 SUMCT TO ALL, RIGHTS -OF -WAY NOW OF RECORD OR EXISTING OR INDICATED ON THIS PLAT. CERTIFICATE OF DEDICATION. THE UNDERSIGNED DOES HEREBY DEDICATE AND CONVEY TO THE CITY OF FORT COLLINS, COLORADO, FOR PUBLIC USE, FOREVER. THE STREETS AND EASEMENTS AS LAID OUT AND DESIGNATED ON THIS PLAT; PROVIDED. HOWEVER, THAT (1) ACCEPTANCE BY THE CITY OF THIS DEDICATION OF EASEMENTS DOES NOT IMPOSE UPON THE CITY A DUTY TO MAINTAIN THE EASEMENTS SO DEDICATED. AND (2) ACCEPTANCE BY THE CITY OF IRS DEDICATION OF STREETS DOES NOT IMPOSE UPON THE CITY A DUTY TO MAINTAIN STREETS SO DEDICATED UNTIL SUCH TIME AS THE STREETS ARE INSPECTED AND ACCEPTED BY CITY ENGINEER. ALL MAINTENANCE OF THE ABOVE DESCRIBED STREETS SHALL BE PERFORMED BY ME UNDERSIGNED ((AND HIS/HER SUCCESSORS IN INTEREST) UNTIL SUCH TIME AS THE CITY EXPRESSLY ASSUMES. IN WRITING, THE DUTY OF SUCH MAINTENANCE. MAINTENANCE GUARANTEEm THE UNDERSIGNED HEREBY WARRANTS AND GUARANTEES TO THE CITY OF FORT COLONS. FOR A PERIOD OF TWO (2) YEARS MOM THE DATE OF COMPLETION AND ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS WARRANTED HERE UNDER. ME FULL AND COMPLETE MAINTENANCE AND REPAIR OF THEEMPROVEMENTS CONSTRUCTED UNDER TIE AUTHORITY OF TINS RAT. THIS WARRANTY AND GUARANTEE IS MADE IN ACCORDANCE NTH THE CITY OF FORT COLLINS LAND USE CODE AND/OR THE TRANSITIONAL LAND USE REGULATIONS, AS APPUCABLE. THIS GUARANTEE APPLES TO THE STREETS AND ALL OTHER APPURTENANT STRUCTURES AND AMENITIES LYING WITHIN THE RIGHTS -OF -WAY, EASEMENTS AND OTHER PUBLIC PROPERTIES, INCLUDING. WITHOUT LIMITATION, ALL CURBING, SIDEWALKS. BIKE PATHS DRAINAGE PIPES, CULVERTS, CATCH BASINS, DRAINAGE DITCHES AND LANDSCAPING. ANY MAINTENANCE AND/OR REPAIR REWIRED ON UTIUTIES SHALL BE COORDINATED NTH THE OWNING UTILITY COMPANY OR DEPARTMENT. ME UNDERSIGNED SHALL MAINTAIN SAID IMPROVEMENTS IN A MANNER THAT WILL ASSURE COMPLIANCE ON A CONSISTENT BASIS WITH ALL CONSTRUCTION STANDARDS SAFETY REQUIREMENTS AND ENVIRONMENTAL PROTECTION REQUIREMENTS OF THE CITY. THE UNDERSIGNED SHALL ALSO CORRECT AND REPAIR. OR CAUSE TO BE CORRECTED AND REPAIRED, ALL DAMAGES TO SAID IMPROVEMENTS RESULTING FROM DEVELOPMENT -RELATED OR BOLDING -RELATED ACTIVITIES N THE EVENT THE UNDERSIGNED EARS TO CORRECT MY DAMAGES WITHIN THIRTY (30) DAIS AFTER WRITTEN NOTICE THEREOF, MEN SAID DAMAGES MAY BE CORRECTED BY THE CITY AND ALL COSTS AND CHARGES BILLED TO AND PAID BY THE UNDERSIGNED. ME CITY SHALL ALSO HAVE ANY OTHER REMEDIES AVAILABLE TO IT AS AUTHORIZED BY LAW. ANY DAMAGES WHICH OCCURRED PRIOR TO THE END OF SAID TWO (2) YEAR PERIOD AND WHICH ARE UNREPAIRED AT THE TEFMNATION OF SAID PERIOD SMALL REMAIN ME RESPONSIBILITY OF THE UNDERSIGNED. REPAIR GUARANTEEm Of CONSIDERATION OF THE APPROVAL OF MIS FINAL PUT AND OTHER VALUABLE CONSIDERATION. THE UNDERSIGNED DOES HEREBY AGREE TO HOLD THE CITY OF FORT COWNS. COLORADO. HARMLESS FOR A FIVE (5) YEAR PERI00, COMMENCING UPON THE DATE OF COMPLETION AND FIRST ACCEPTANCE BY ME OTY OF THE IMPROVEMENTS CONSTRUCTED UNDER ME AUTHORITY OF THIS PUT. FROM ANY AND ALL CLAIMS. DAMAGES, OR DEMANDS ARISING ON ACCOUNT OF THE DESIGN MD CONSTRUCTION OF PUBLIC IMPROVEMENTS OF THE PROPERTY SHOWN HEREIN; AND THE OWNER FURTHERMORE COMMTS TO MAKE NECESSARY REPAIRS TO SAID PUMC IMPROVEMENTS, TO INCLUDE. WITHOUT UMITATICN. THE ROADS. STREETS FILLS, EMBANKMENTS, DITCHES. CROSS PANS, SUB -DRAINS CULVERTS, WALLS AND BRIDGES WITHIN THE RIGHT-OF-WAY EASEMENTS AMID OTHER PUBLIC PROPERTIES RESULTING FROM FAILURES CAUSED BY DESIGN AND/OR CONSTRUCTION DEFECTS THIS AGREEMENT TO HOLD THE CITY HARMLESS INCLUDES DEFECTS IN MATERIALS AND WORKMANSHIP. AS WELL AS DETECTS CAUSED BY OR CONSSTNG OF SETTLING TRENCHES FILLS OR EXCAVATIONS FURTHER. ME UNDERSIGNED WMRANTS THAT ME/SHE OWNS -FEE SIMPLE TITLE TO ME PROPERTY SHOWN HEREON AND AGREES THAT ME CITY OF FORT COWNS SHALL NOT BE LIABLE TO THE UNDERSIGNED OR HIS/HER SUCCESSORS IN INTEREST DURING THE WARRANTY PERIOD, FOR MY CLAW OF DAMAGES RESULTING FROM NEGLIGENCE IN EXERCSING ENGINEERING TECHNIQUES AND DUE CAUTION IN THE CONSTRUCTCN OF CROSS DRAINS DRIVES. STRUCTURES OR BUILDINGS ME CHANGING OF COURSES O STREAMS AND RIVERS, FLOODING FROM NATURAL CREEKS AND RIVERS AND MY OTHER MATTER WHATSOEVER ON PRIVATE PROPERTY. MY AND ALL MONETARY LIABILITY OCCURRING UNDER THIS PARAGRAPH SHALL BE THE UABIUTY OF THE OWNER. I FURTHER WARRANT THAT I HAVE THE RIGHT TO CONVEY SAID LAND ACCORDING TO THIS PLAT. THE OBLIGATIONS OF ME UNDERSIGNED PURSUANT TO THE -MAINTENANCE GUMMTEE" AND -REPAIR GUARANTEE - PROVISIONS SET FORM MOVE MAY NOT BE ASSGNEO OR TRANSFERRED TO ANY OMER PERSON OR ENTITY UNLESS THE WARRANTED IMPROVEMENTS ARE COMPLETED BY. AND A LETTER OF ACCEPTMCE OF ME WARRANTED IMPROVEMENTS IS RECEIVED FROM THE CITY BY. SUCH OTHER PERSON OR ENTITY, NOTICE OF OTHER DOCUMENTS ALL PERSONS TAKE NOTICE THAT THE DEVELOPER MD/OR OWNER HAS EXECUTED CERTAIN DOCUMENTS PERTAINING M THIS DEVELOPMENT WHICH CREATE CERTAIN RIGHTS AND OBUCATIONS OF THE DEVELOPMENT. THE DEVELOPER AND/OR SUBSEQUENT OWNERS OF ALL OR PORTIONS OF THE DEVELOPMENT SITE MANY OF WHICH OBLIGATIONS CONSTITUTE PROMISES AND COVENANTS WHICH RUN NTH THE LAND. THE SAID DOCUMENTS MAY ALSO BE AMENDED FROM TIME TO TIME AND MAY INCLUDE, WITHOUT LIMITATION, THE OEVELOPMENT AGREEMENT. SITE AND LANDSCAPE COVENANTS. FINAL SITE PLAN. FINAL LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS, INCH DOCUMENTS ARE ON FILE N ME OFFICE OF ME CLERK OF THE CITY OF FORT COLONS AND SHOULD BE CLOSELY EXAMINED BY ALL PERSONS INTERESTED IN PURCHASING MY PORTION OF THE DEVELOPMENT SITE PLAT HARMONY VILLAGE P.U.D., REPLAT NO, 39 A REPLAT OF LOT 1, LOT 2, LOT 3, AND LOT 4 OF HARMONY VILLAGE P.U.D., REPLAT NO. 1 A PORTION OF THE NORTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6TH P.M. CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO fc€ HARMONY ROAD ° HC p� HC o HC z a� PROJECT „^. LOCATIO RL w or G s 2 Lu RL Q / � Lb d .tB b LMN W RL _ Z a / J 1 F MCINITY MAP APPROXIMATE SCALE: 1- . IOW I NOTE THOSE EASEMENTS RECORDED AT RECEPTION NUMBER 2000030918 ARE HEREBY VACATED WITHIN THE BOUNDARIES OF THIS REPLAT BY THE RECORDING OF THIS REPLAT. OFNER BY. _ L F. CARTERL MEMBER BM STATE OF MCKWILA ) )j CXAINTY OrDHXM.'LAS S.S. TIE FOPEORq .,.,.nvN..T WAS ACKMOWLIDGED BEFORE ME TINS DAY 6 FWRDA; 11Y NAND AMU Onnom. SEAL MY IXTMM m EXPIRES OWNER, FIST NAnf m RANX BY ROGER OUNUKSOY, EXECUTIVE WOE -PRESIDENT STATE OF COLORAOD) S.S. COUNTY OF LAWYER ME FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY O . 2001. BY WITNESS MY HAND AND OHGAL SEAL MY COMMS4011 EXPIRES SURVEYOR'S STATEMENTi I, GARY K. HAMMER, A PROFESSIONAL LAND SURVEYOR IN ME STATE OF COLORA00, DO HEREBY CERTIFY THAT THIS PLAT OF HARMONY VILLAGE P.U.D., REPLAT NO. 3, WAS MADE UNDER MY DIRECT SUPERVISION AND THAT THE MAR HEREON ACCURATELY AND PROPERLY SHOWS SAID SUBDIVISICN. GARY K. HAMMER, PROFESSIONAL LAND SURVEYOR DATE COLORADO P.LS NO. 24307 FOR AND ON BEHALF OF R ENGINEERING APPROVED AS TO FORME APPROVED BY THE CITY ENGINEER OF ME OTY OF FORT COWNS. COLORA00 THIS DAY OF A.D.. 2001. CITY ENGINEER PLANNING CERTIFICATES APPROVED BY THE DIRECTOR OF PLANNING OF THE CITY OF FORT COWNS, COLORADO THIS DAY OF AO.. 2001. DIRECTOR OF PLANNING ATTORNEY'S CERTIFICATES I HEREBY CERTIFY THAT THIS SUBONWSICN PLAT HAS BEEN DULY EXECUTED AS REWIRED PURSUANT TO SECT011 223(C)(3X.) THROUGH (.) INCLUSIVE OF ME LAND USE CODE OF THE CITY OF FORT COWNS AND THAT ALL PERSONS SIGNING MIS SUBDIVISION PLAT ON BEHALF OF A CORPORATION OR OTHER ENTITY ARE DULY AUTHORIZED SIGNATORIES UNDER ME LAWS OF THE STATE OF COLORADO. THIS CERTIFICATION IS BASED UPON ME RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY, COLORADO AS OF THE DATE OF EXECUTION OF THE PUT AND OMER INFORMATION DISCOVERED BY ME THROIGH REASONABLE INQUIRY AND IS UMTED AS AUTHORIZED BY SECTION 223(C)(3)(1) OF ME LAND USE CODE. ATTORNEY REGISTRATION NO.: NOTES. SIGHT DISTANCE EASEMENT - THE SIGHT DISTANCE EASEMENT IS AN EASEMENT REQUIRED BY THE CITY AT SOME STREET INTERSECTIONS WHERE IT IS NECESSARY TO PROTECT THE UNE OF SIGHT FOR A MOTORIST NEEDING TO SE APPROACHING TRAFFIC AND TO REACT SAFELY FOR MERGING THEIR, VEHICLE INTO THE TRAFFIC ROW. THE FOLLOWING ARE REQUIREMENTS FOR CERTAIN OBJECTS THAT WAY OCCUPY A SIGHT DISTANCE EASEMENT FOR LEVEL GRADE: ((1 STRUCTUH ME RES AND LANDSCAPING "THIN THE EASEMENT SHALL NOT EXCEED 24 INCHES IN HEIGHT (A) FENCES UP TO 42 INCHES IN HEIGHT MAY BE ALLOWED AS LONG AS THEY DO NOT OBSTRUCT ME LINE OF SIGHT FOR MOTORISTS (8) DECIDUOUS TREES MAY BE ALLOWED AS LONG AS ALL BRANCHES OF THE TREES ARE TRIMMED SO THAT NO PORTION THEREOF OR LEAVES THEREON HANG LOWER THAN SIX (5) FEET ABOVE ME GROUND. AND THE TREES APE SPACED SUCH THAT THEY DO NOT OBSTRUCT LINE OF SIGHT FOR MOTORISTS DECIDUOUS TREES NTH TRUNKS LARGE ENOUGH TO OBSTRUCT UNE OF SIGHT FOR MOTORISTS SHALL BE REMOVED BY THE OWNER. FOR NON -LEVEL AREAS MESS REQUIREMENTS SHALL BE MODIFIED TO PROVIDE THE SAME DEGREE OF VISIBILITY. NOTE ACCORDING TO COLORADO LAW YOU MUST COMMENCE MY LEGAL ACTION BASED UPON MY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY MY ACTION BASED UPON MY DEFECT IN THIS SURVEY BE COMMENCED MORE MAN TEN YEARS AFTER THE DATE OF �1 THE CERTIFICATION SHOWN HEREON. BY. PINNIED N STATE OF TlE8RA9CA AME ) S) J-R ENGINEERING COUNTY OF pp1U �I )y S.S. AWIP04 11E fOEGA10 I6EBEFOREGERM ETNT WAS ACKNOWLEDGED BEFORE WE THIS _ DAY OF 202001, BY AND OfETGAL SEAL. MY C'OM09SSC N EXPRES SIAWIry • Cd1L qlp- .EUx � ' HARMONY VILLAGE PA+. REPLAT NO. PROJECT NO. 9168.00 "MESS MY MANd DATE 1/29/01 IRITOW e�� F.NGINCOONC/PLANNING/SURVn-ING SHEET 1 OF 2 a i 8 3 9 ALTA/ACSM LAND TITLE SURVEY PROPOSED LOT 2A, HARMONY VILLAGE P.U.D., REPLAT NO. 3 ��(, H bury a HORTHf r� H E ea WEST OFIE TSu T®UlJ IIU�uXTM pR aCOPLI!aL WERODuQa .aerlr.sT warn scnvl r - -- .(LVK)R9 J f7M N A fM ,�pp 1�y/ F (� RT O 1 p Mee �p n n�Iy��p 2 p � p�� s (� (� rye- I}�-n _ (_�� - - r� is ne>w�. w,w�a `b� U ll ®Ir Ir®IN 11 �15D'ISIS�UV191� b®�11N �I ll ®U" IyTJ✓"��IAAILS�y �1�W�LS ®I(- \b®IS®If04r111U 5pp7.SOTE xpOo.TE' �T 114- a/1F ROAD-gINi1ER I lypyrt ItR1C.1 6rm jli ay.utT of I .mil �rmlwz R RI ��rai 'I/•'"u�T�s'Ix�m,wac 11/T 'ytNlrr JL}Y J@IC I � »� I g5' fS- M�. �°reols I gig I� r e® — -wse vrr _______._-- -. L rr--1 I S 1 — i J r—1 Proposed Lot 2A 1.76 AC. Lor3PER //AMIaVy VLLAGE P.11Q REPLAT NO f 1 — r i ---------------------- i � twaoo'OO"r trcov Irt :uo XDT V t'LRr•N 01� 7RACT B PER I /iA7Z1AG1NY VLLAGE P.UD. REPLAT MR 1 If /Td)C IDS ..D f/0/1T G.4)O/T /III I R Q�l I LOT 5 PEA m }gR,NONY VLLAGE P.UD. AER AT Afa 7 I I I i I Wtr 07.48.21 R-31200 L�4251• 43W 4247 �pdr585'4Y 20 TO 0 20 40 SCALL- p' m aics ICTat ll —�— s,ruw* i'ER ut 0 6fCll" � . _. n.s us a uort rat 13 uocmrow vnnr wirs+l _ - 1- _ URPOtntp 6ILIRL lK ` y+{ 1T'� �. r V�UIOI0.M ID1TOt IK nc 3 Mf/: Or C.. 9Ai O7IIOr.tlIVR�� 3 / 4DT a oR�Onr 411[ PU �yplplT NLAQ ..LLL I®VT I10. 1 % N , , .] Flt InPtNIT TL tll tl Iglm `� ___ -- ® rTQ I(lFR • 601� � �p lV�l tl IIOIm ___ ` 1 .� rTP vLLK rOn I� 4]0 Vi \ rWl WMRL O I/E 11/� YIYtV W !T p rOMDW L07,4 PER 9 4'a WrOt I PI.LAGE P.UD. REPLA r AR2 1 tt� m+xTt rlrws LOT 2 PD? !� HAMAWY 1 b Il.lrrr rrm a ur• mwcvvy VLLAGE P.uD REPLA T Ap 7 ` 1 l 1 ® rtauua »a � 1 I ` TA ACSM LAND MILE S1R 7R4CT A PER AgO WY VLLAGE P.UD. REPLAT A40 f 1 ' _ � �POyy LOT n�w/aNT \nib 7 rt8c woiII unm..n A. [amol'/ x P.U.D. RE.R.T NO. J 1 0 n ua SEMMUNC' — m my as n � / r,+t t•-xo r= m/Ox/xom. �wn.mleartr�arm m fo+asTa>�+""�'O�°0' IS ALTA/ACSM LAND TITLE SURVEY PROPOSED LOT 2A, HARMONY VILLAGE P.U.D., REPLAT BEDHO & PORTDOm OF THE HORTHE46if OME-QUARTER OF SECTDOnM (5, TOO U/GY 3H9F 6 HOR7H9 RAG: GE (58 M E.Sy OF THE SSDXTH PRDMPAL NERUDO&H C OTY( OF PORT COLLON39 OOUHTY OF LARDG M STATE OF COLORADO LEGAL DESCRIPTION ALL OF LOT 3 AND PONTIOHS M LOT 2 AND LOT A OF HA WONY VILLAGE P.UD, REpLAT 1. LOCATED IN A oGIIYK, OF THE "THEAST OF SEE,TIC 16 TOW9WP 6 NORM RANGE W REST OF 11E 6TN PRINCIPAL IIEIiDWAR. 0YY OF FORT COLLINS. LATER COUNTY. COLONAM MORE PM110IARLY DESCRIBED AS FCIIOWS BASS OF BEARINGS THE COURSE ON THE WEST RIGHT -OF -WAR WE OF TNRTINE ROAD SHOWN ON HARV` N VILLAGE P.UD., MCOROED AS RECEPTION /9903Too3. LMAFR COUNTY. COLORADO. BEARING SOQP262 A OSTAMLL OF 5 A, FEET. BE•I, NMWENTD AT THE NORTHERLY END BY A Na 5 REBAR WITH A 1-1/2' ALAWDM SYRVFT CAP STAHPED'A ETD LS 2430T AND AT THE SOUTHERLY END BY A No, 5 RMAB WITH A 1-14 ALIYIN SINVE,,, S CAP STAMPED 'A ING LS 24307*. COMLENCINC AT THE NONTHEAST CORNER OF SAD SECTION 9: THENCE ON SAD -EAST LIE. SODZTOPE A DURANCE OF A 1.80 FEET. THDWX S89'36'53-11 A DISTANCE of 6A.B5 FEET TO THE POINT O BEOp.NI, SAID POINT BEING A MOH-TANmNt POINT OF CURVE THENCE ON THE ARC OF A CURVE M THE RI01T HAVING A DELTA !Y 3T41'22'. A RAMS OIL NOW FEET. A 057ACE OF M.31 FEET. THE GCID OF WHICH BEARS SFM03W A DISTANCE OF 25.84 FEET TO A POINT ON CURVE' THENCE SBI'WS" A DISTANCE OF 13&- FEET: NNE AN THE AEC Of A TANGENT RAVE TD TIE LEFT HAVWIG A DELTA OF oT4B'2U', A RADIUS Of 31ZM FEET. A DISTANCE OF 4L51 HTIC E OM or'YEW BEADS 5B5'4243'W A DISTANCE OF 4247 FEEL: THENCE MIroOO'W'v A OSTAKE W 13ZM FEET: BENCH S8rM51^W A DISTANCE OIL 2141 FEE: THENCE NOOZT'09'W A DISTANCE OF =91 FEET. THENCE SBCS/39'E A O AI CE OF 10652 FEET: THENCE 58942'37`E A DISTANCE OF 8155 FEET. THENCE SNH58'SF'E A DISTANCE OF N.25 FEET: THDKX SOI)DYMi A DISTANCE OF 31199 FEET TO THE POINT OF LEG"#W- CONTAINING A C;LCIIATED AREA OF 76.585 SQUARE FEET (I.M AGES) 6-1 HARMONY ROAD � �" Q 0 uj o p Z ULi A 6 d Q e W m G Fc l� ao Q `` ��••• v w 4 PROJECT o. �� •� ` _ �Ao LOCATION • �- 4 z VICINITY BAP TITLE COMMITMENT NOTES THIS LAND SURVEY DOES HOT CONSTITUTE A TILL SEMEN By JI WGIEEJUUC TO DETFRIBNE OWNERSHIP OE THIS TRACT, VERILY THE DESCRIPTION SWAIN. VERIFY THE CUMPAMLYTT' OF THIS DLSOIpBONW ITN THAT OF ADJACENT TRACTS OR VEAFY EASEMENTS OF RECORD. FOR ALL I FO NAT10N REGARDING EASEMM S pelf -OF -MT OR TTE O RECORD. A ENOHCFANG RELIED UPON TTTLE GO aIVENT N0. UM1216900. PREPARED BY F ANERICAH HERITAGE TTTLE COHPMY FOR DIAL -FORT COLLIIS L LLC- A NEHRASU UNITED UAKIIY COMPANY DATED NOVEMBER 22 2000 AT 7:2D AY THE FOLOVWIG GOYEItS ARE N REGARDS TO TREE CCA%ANENT HO, LR51218800 PREPARED BY FIRST AMEICAR HEITACE TITLE COPANY. DATED NOKMBEN 22. 20DO AT 7:29 AM. THE NUMBERS N OUR CONFENYS GORII S TO THE pR6EANA SYS10, USED N THE TITLE COMMITMENT. SCHEDULE A ITEM: COMMENT: 1 AS SHOW HEREON TO THE BEST OF OR KNOWLEDGE AND BEET. 2-3 A ENGINEERING DO HOT EUIWE OR ADDRM T 'TENTS N AS SEWN HEREON TO THE NEST OF OUR KNOWLEDGE AND HELIFF. SaHmuLE B - SECTION 1 ITEM: COMMENT: s8 A ENGINEERING DO NOT DIA.E OR ADDRESS THESE ITEMS SCHEDULES - SECTION 2 ITEM: COMMENT: 1. A EAONEE NG DD HOT EXAMINE OR ADDRESS THIS ITEM. L MSKE AND APPARENT EVIDENCE OF RIGHTS OR OANS OF PARTIES N POSSESSION ARE SHOW HEREON TO THE IFST V OR KNOWLEDGE AND BELIEF, 1 vGBE MD APPARENT EVIDENCE OF EASEMENTS GH CLANS OF EASFNEPTS ARE SDIH NOWAN TO THE BEST O OUR KNOWLEDGE AID BELIEF. A TASSEL AND APPARENT pSOEPAMOES CONFLICTS IN BOUNDARY LIES SIWIAES N AREA AND WWOAONWYS ARE SKIN HEREON TO THE BEST O OUR KNOWLEDGE AND BELIEF. 5-A A pC1EDONG DID NOT EXAMINE OR AD03S5 THEE f1ELS 7-IL A ENWEIIIHG DOES NOT DUMnE W ADDRESS GAS, a< ON OTHER MINERAL pGHli A ENGINEERING AM THE SURVEYOR OF RECORD. ASSAILS WO RESPONSIBILITY FOR THE MINERAL RIGHTS ON TINS TRACT O LAND. 9. THE RIGHT OF WAY FOR IRRIGATION DITCHES DESCRIBED N THE DOMEIIT RECORDED N BOOK RBI AT PAGE JW DOES NOT LE "TIN THE SUB.ECT PROPERTY. 10 A O� DOES HOT EFAIN E OR ADDRESS GAS, OIL. OR OIQ MINERAL RMGHTS A WO®WNC AND ME SU%fl`DR OF RECORD. ASAAQ NO RESPO RIN UTY FOR THE MINERAL RIGHTS ON NIS TRACT OF LAID. 11. THE EASEMENT FOR M IRRIGATION WATER LIHE DESCRIBED N THE p00YENT RECORDED AT RECEPTION NO. 9A081821 DOES HOT LIE WITHIN THE SL"CT PROPERTY. Ix THE APPLICABLE EASELIWTS AND RIGHTS OF WAY SHOWN ON THE PRAY OF HARIDHY KLACE v.UA. REPEAT VOL I RECORDED AT RECEPTION NO, 20000.M918 AM SHOWN HEREON M THE BEST OF OUR KNOWLEDGE AND BEET. U A ENC.EEGC DID HOT EXAMINE OR ADDRESS THIS YIFH 1A THE FASEENTS DEWIEED N THE DUnINER EMTTT D 'EASENENM CGhNAFM AD RESTRICTIONS' RECORDED AT RECEPTION NIL 99oT050B COED MOT BE SHOWN HEREON BECAUSE THEY DO HOT CONTAIN A SPECIFIC LOCATION 15-10. A FNOICEGC M HOT EXAMINE W ADDRESS THEE TIERS 17. THE EASEMENTS FOR SANITARY SEWER AND ACCESS AND UTILITY OESGmED N THE OOCLWEIE RECORDED AT RECEPTION H OL 009908S 57 OD NOT LIE "THIN THE SUBJECT PROPER". L8-II A DMGNm.IC DID HOT ELMNE OR ADDRESS THESE ITEMS IT. THE ACC OYFIIIIGS DESCRIED N THE DOCINENS RECORDED AT RECEPTION NO, 200005 AND RECEPTION N, 2000050885 DO NOT M WITHIN T1[ "ACT N.TS GENERAL NOTES I. AL PARTIES OR THEIR ABATIS RELYING I" THIS SU . BY RECEIPT HEREOF. ACADIEDFi THAT THE FOLLOWING ALTA/ACSM REQYEIEHS HAVE NOT WEN COLNPIIED YTH DIE TO STE CONDITIONS OR A SPECIFIC CWTRACNAL ARRANDNWT BEIWEIH THE CLIENT AND THE SURVEYOR AND THAT THE SURVEYOR ASS InS NO LIABILITY FOR NOHDSCLOSURE OF OR FAILURE TO ADDRESS THE FOLLOWING INFORMATION LISTED N PARAGRAPH, NO, 5 OF THE lM1YIN STAIDMD DETAIL IEDIAREME TS FOR ALTA/ACSM LAD TITLE SRYETT. BUT NOT SHOWN ON THIS SUT'EY IS AS FOLIIS - ADJGHIIG LAND OWNERS NAMES AND WCODMD 9fO "ATION - PARTIES USNG DIVES OR ALLEYS - FUTURE STREETS I PURSUANT TO OM CLIENTS REQUEST. THE FOLLOWING HENS FROMI -TABLE A - OPTIONAL SPIKY RES^ON91MMEs AND SPECWCATIOIW FOR ALTA/ACSI LAM TITLE SERVERS. WERE ADDRESSED AND. F APP1KlRL SHOWN ON OUR SKYEY (TIE NILIBERNC SEQUENCE USED IS THE SANE AS 'TAKE A'j 1. 2 a N, 5. 10, AND 11 1 ALL REFERENCES HEREON TO BOOKS. PAGES MAPS AM RECEPTION NUMBERS ARE PUBLIC OOOUNEMIS Fain IN THE RECORDS OF LARRIFR COUNtt. COLCRADO N. EASEMENTS AND PUBLIC DOOAENTS SHORN OR NOTED HEREON WERE EMAYNFD AS TO LOCATION AND PURPOSE AND WERE NOT EXAMINED AS TO RESERVAT10111 RESTwnoklS CO N110 S OBLIGATIONS. TERMS. OR AS TO THE RHNT TO CRAM THE SAME 1 BLRED UWU ANDIM PPE LIES ARE SHOWN PER VMS AND APPARENT RWACE EVIDENCE OR RECORD DRAWING'S OF THE CONSTRUCTED UIEEFV LIES T NONE AWRATE LOCATIONS OF UNDERGROUND UTILIZES ARE PEIIAIED. THE UTILITY DULL HAVE TO BE VETOED BY FEW POTHOINO A ENGINEERING AND THE SURVEYOR QF RECORD SMALL NOT BE LIABLE FOR THE LOCATION 0" OR THE FAILURE TO Hon THE LOCATION OP NON-VIS LE UwInS. 6. ALL TES To RECORD TITLE LIES FROM THE BUILDING CORNERS GH OTHER IMPROKMWTS SHOW HEREON ARE PERPENDICULAR TO THE RECORD TTLE LNL T. ANY PERSON WHO KNOWINGLY REMOVES ALTERS OR WAGES ANY PUBLIC LAND SPIKY YOMLAIWT OR LAND MOWWEIT OR ACCESSORY. COMMITS A OAS5 TWO (2) LNSOEMEANOR PURSUANT TO SPATE STATUTE 16-N-506 IRS IL DNNNTGE CERYTY. CERTIHCATKW - A PROPE59WAL'S OPINION BASS) ON HIS OR HER OBSERVATION Of CONDITIONS. KNOWLEDGE. NFONnTIW AID K1E5S IT 6 EJPREMY 1NDDISNoo THAT THE PIIOFL9ONALS CFRiW1CATKW of A GOEITMS OOSTENDE IE106 NO OTHER PARTY OF ANY RESPONSIBILITY ON OBL RCN HE OR SHE HAS ACCEPTED BY CUINACT OR CL6TO. I. THIS STE 6 WITHIN ZONE )L A DESIGNATED FFM N AREA OUTSIDE OF THE 500-YEM FlCCD PLAN AS OE NED BY THE FLODD INSURANCE RATE MAP FOR LAIWER CONTT OMMADO. C MIMWIIIR PANEL NUMBER ON102 0014 C . PANEL NOT PIWITED. 10 WIN REFERENCE TO TAKE A OPTIONAL SPIKY RESPOLSBIIE3 AND SPECIFICATIONS ITN Na 6 - THE BIADNG ENVELOPE WAS PROVIDED BY ARCHITECTURE EST LLC NO BUILDING HEIGHT RESTRICTIONS WEPE RMOYBD. CONTACT STEVE SIWDIOOR AT 9N 225-0252. 11. THE LAST FEtD WSPEC 101w OF THIS SITE WAS ON JANUARY 1 2101 9a A ENGINEERING DOS NOT WARRANT THAT THE PARCEL AS DESCRIBED HEREOL COMPLIES WITH COLORADO SENATE BILL 35 11 AL NIORNATION SNOW HEREON AND NOTED AS TROP03T' IS nnrCT TO OUNIE BDMCF. ACCODING TO OLMADI) LAW YOU VISE COMMENCE ANY LEGAL ACTION BASED LPON ART DETECT N TINS SLITHER ITN TINES YEARS A'TR YOU FIRST DISCOVER SUCH DEFECT. N NO EVENT MAY ANY ACTION BASED UPON AM DEFECT N TINS SURVEY BE CONECED MLNE THAN TW YEARS FROM THE DATE OF THE NO, 3 JURVEYOR'S STATEME MS ALTA/ACSM LAID TITLE "VEY WAS PREPARED FOR THE EXCLUSIVE USE OE THE PERSON. PE ISOHS OR THY" NAND IN TIE STATEMENT HEREON SAID STATEMENT DOES HOT CaED TO ANY UN4BD PERSON OR EMIT' WITHOUT AN EBFESSED RESTAYOEMT BY M SURYEYCN NAMING SAD PERSON ON ETITY, E GARY IL HAMMER. A PeOE59ONAL LAND SURVEYOR N THE STATE OF COLCAAM ON THE BASS OF MY KNOWLEDGE. IEDRIIATIOR, AND BEET. DO HEREBY STATE TO TIRTT RAll(INAL BAP, FORT taul6. COLORAUO AND FIRST AMEICAN H MTASE T171E OOMPMY MAT W .MWIMT. 20DI TC CRUAL STANCIARS OF CARE OF A PROE590AIAL LAND SLRKYOf PRACTICING N THE STATE OF COLORADO. THIS MAP OR PAT AM THE LAND SPIKY' ON WHICH IT IS BASED WERE MADE N ACCORDANCE WTM NNINION STANDARD DETAIL REQUIREMENTS FOR AETA/ASM LAND ITC S WV JOINTLY ESTABLISHED AND ADOPTED 8Y THE AMERICA N LAM TITIL ASSOOATRN. THE AIRIICAN COFGIESS ON SDVEYIG AM MAPPING AND THE NATIONAL SAQIY O PROE590NAL SURVEYORS N 1W97 . EYGEPT AS NOTED HEREON N OEHERAL NOTE 1. AND MEETS THE ACCURACY BEGIRENICH S O POSMWIAL UNCERTAINTY AND PQNTONAL TOLERANCES FOR M URBAN CLASS SPIKY, AND NOTICES THEY HETMS OF TABLE A THEREOF AS NOTED HEREON N GENERAL NOTE NNBEP 2 DIENSONS AND BEARINGS, SHOWN HEREON. ACCURATELY REPRESENT SM LAAI) S1MKY. NUDE AND APPARENT WPROVOEIlS WERE FOUND TO Y LOCATED N RELATION TD THE RECOMD TILE U ESE AS 5N1YK VISBE AD APPARENT EASWENTS AND RIGHTS-DF-WAY N EVIDENCE OR KNOW M ME AM V15EWE AND APPARENT WGROACNI J BY OR ON THE PIIEWSTS ARE AS SWINH. THIS LAD SURVEY DOES NOT CONSTITUTE A TITLE SEARCH By A ENGINEERING M DETUMNE OWNERSHIP OF THIS TRACT. VEWFY THE DESCRIPTION 510WL VERIFY THE GOPATM M NTH THAT OF AIA &MT TRACTS OR VENT EAYNERTS O RECOD p I0- ' A m4o' y O GIiR� K NAY PRO 9RKY0k%' 7� DARE FO DO Nn 2 = ru9 € ra AN AND ONBEHALFEE BEHALF of RIMIC uG z s z W10W ` EXHIBIT B Exceptions to Title Articles of Incorporation of Harmony Village Property Owner's Association recorded August. 6, 1999 at Reception No. 99070510. Terms, conditions, provisions and obligations of that Agreement recorded June 28, 2000 at Reception No. 20000412R8. Declaration of Covenants, Conditions and Restrictions recorded July 26, 2000 at Reception No. 2000050080. All matters as shown on ALTA/ACSM Land Title Survey by JR Engineering dated January 5, 2001. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded November 13, 1900 in Book 133 at Page 94. (EAST 1/2 NORTHEAST 1/2) Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded April 30, 1892 in Book 86 at Page 283. (SOUTHWEST 1/4 NORTHEAST 1/4) Reservation of 1/20 part of all the oil and gas in or upon or produced by Elizabeth S. Randleman in the Deed recorded March 16, 1927 at Reception No. 322973. (SOUTHWEST 1/4 NORTHEAST 1/4) Terms, conditions, provisions and obligations of that Easement Agreement recorded October 4, 1994 at Reception No. 94081821. All easements, notes, statements and right-of-way as shown on the plat of subject property recorded June 15, 2000 at Reception No. 2000039918. Terms, conditions, provisions and obligations of that Memorandum of Agreement and Notice recorded April 30, 1999 at Reception No. 99037002. Easements, Covenants and Restrictions recorded August 6, 1999 at Reception No. 99070508. By -Laws of Harmony Village Property Owner's Association recorded August 6, 1999 at Reception No. 99070509. Vacant Land, Harmony Village PUD LEGAL DESCRIPTION OF DEED DATED February 5, 2001 All of Lot 3 and portions of Lot 2 and Lot 4 of HARMONY VILLAGE P.U.D., Replat No. 1, located in a portion of the Northeast 1/4 of Section 6, Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, more particularly described as follows: Basis of bearings: The course on the"West right-of-way line of Timberline Road shown on Harmony Village P.U.D, recorded at Reception No. 99037003, Larimer County, Colorado, bearing South 01'03'26" East, a distance of 539.45 feet, being monumented at the Northerly end by a No. 5 rebar with a 1 1/2" aluminum surveyor's cap stamped "JR ENG LS 24307" and at the Southerly end by a No. 5 rebar with a 1 1/2" aluminum surveyor's cap stamped "JR ENG LS 24307". Commencing at the Northeast corner of said Section 6; thence on said East Line, South 00'23'07" East a distance of 494.80 feet; thence South 89'36'53" West a distance of 64.85 feet to the Point of Beginning, said point being a non -tangent point of curve; thence on the arc of a curve to the right having a Delta of 37'41'22", a radius of 40.00 feet, a distance of 26.31 feet, the chord of which bears South 70'55'03" West a distance of 25.84 feet to a point of tangent; thence South 89'36'53" West a distance of 135.44 feet; thence on the arc of a tangent curve to the left having a Delta of 07'48'21", a radius of 312.00 feet, a distance of 42.51 feet, the chord of which bears South 85'42'43" West a distance of 42.47 feet; thence North 00'00'00" West a distance of 132.09 feet; thence South 89'36'51" West a distance of 25.41 feet; thence North 00'23109" West a distance of 230.91 feet; thence South 88'37'39" East a distance of 108.57 feet; thence South 89'42'37" East a distance of 83.55 feet; thence South 44'56'54" East a distance of 44.25 feet; thence South O1'03'26" East a distance of 315.99 feet to the Point of Beginning. To Be Known As Lot 2A, HARMONY VILLAGE P.U.D., REPLAT NO. 3, County of Larimer, State of Colorado me 0 LR51216B00 IF WARRANTY DEED THISDEED, Madethis 5th clay of February , 2001, bet Bial-Fort Collins I, L.L.C., a Nebraska Limited Liability Company and First National Bank of the County of Dougals andSCateof Nebraska grantor, and First National Bank whose legal address is 205 W. Oak Street, Fort Collins, CO 80521 of the County of Larimer and Slateof Colorado grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ONE MILLION ONE HUNDRED FORTY EIGHT THOUSAND SEVEN HUNDRED SEVENTY FIVE AND N01100 ------------------------- ------------------------------------------------------ DOLLARS,($1,148,775.00 ), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Larimer and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein. also known by street and number as Vacant Land, Harmony Village PUD, Fort Collins, Colorado 80528 TOGETHER with all and singular the hereditaments and appurtenances thereunlo belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, (axes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations covenants and rights -of -way of record, if any. and exceptions as described on attached Exhibit 'tB" The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth abo . Dial-Fort Collins I, L.L.C., a Nebraska Limit ilit Company Man�er J.F. CARTER Manag .L. CLAUFF STATEOF Nebraska ) ) Cs. COUNTY OF Douglas ) The foregoing instrument was acknowledged before me this 1 day of FEBRUARY, 2001 by T F CARTER , Manager and T r rt AUFF , Manager of Dial -Fort Collins I, L.L.C., a Nebraska Limited Liability Company My Commission expires: Witness y hand and official al. Notary Public WARRANTY DEED (for Ph"t-U!'Phtc Record) (ASSUMMD) Exhibit A Exceptions to Title Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded November 13, 1900 in Book 133 at Page 94. (FAST 1/2 NORTHEAST 1/2) Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded April 30, 1892 in Book 86 at Page 283. (SOUTHWEST 1/4 NORTHEAST 1/4) Right of way for established irrigation ditches as in Deed recorded March 3, 1904 in Book 186 at Page 394. Reservation of 1/20 part of all the oil and gas in or upon or produced by Elizabeth S. Randleman in the Deed recorded March 16, 1927 at. Reception No. 322973. (SOUTHWEST 1/4 NORTHEAST 1/4) Terms, conditions, provisions and obligations of that Easement Agreement recorded October 4, 1994 at Reception No. 94081821. All easements, notes, statements and right-of-way as shown on the plat of subject property recorded June 15, 2000 at Reception No. 2000039918. Terms, conditions, provisions and obligations of that Memorandum of Agreement and Notice recorded April 30, 1999 at Reception No. 99037002. Easements, Covenants and Restrictions recorded August 6, 1999 at Reception No. 99070508. By -Laws of Harmony Village Property Owner's Association recorded August 6, 1999 at Reception No. 99070509. Articles of Incorporation of Harmony Village Property Owner's Association recorded August 6, 1999 at Reception No. 99070510. Terms, conditions, provisions and obligations of that Deed of Dedication For Easement recorded September 28, 1999 at Reception No. 0099085437. Terms, conditions, provisions and obligations of that Agreement recorded June 28, 2000 at Reception No. 2000043298. Declaration of Covenants, Conditions and Restrictions recorded July 26, 2000 at Reception No. 2000050080. Right of Access issues as contained in those Deeds recorded July 28, 2000 at Reception Nos. 2000050864 and 2000050865. Deed of Trust from Dial -Fort Collins I, LLC to the Public Trustee of Larimer County for the benefit of Alliance Construction Solutions, LLC to secure an indebtedness in the principal sum of $ 50,000.00, and any other amounts and/or obligations secured thereby, dated December 1, 2000 and recorded December 13, 2000 at Reception No. 2000084653. IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above written. FIRST NATIONAL BANK. --- By: Mark Driscoll Its: President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) February The foregoing instrument was acknowledged before me the 5th day oftaxury, 2001, by Mark Driscoll as President of First National Bank. WITNESS my hand and official seal. TNB Harmony Village\DEED.SWD.doc Notary My Commission Expires: Jan. 30, 2004 2 SPECIAL WARRANTY DEED Februar}( THIS DEED, Made this 5th day of Mid, kO1, between FIRST NATIONAL BANK, grantor,'and DIAL FORT COLLINS I, L.L.C., a Nebraska limited liability company, grantee, whose legal address is: Dial -Fort Collins I, L.L.C. c/o Dial Properties, Co. 11506 Nicholas St., Ste. #200 Omaha, NE 69154 WITNESSETH, That the grantor, for and in consideration of the sum of $10.00 Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Larimer, State of Colorado, described as follows: Lot 2, Harmony Village P.U.D., Replat No. 1, a Replat of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 10, Lot 11, Lot 12, Tract A, Tract B, and Tract C of Harmony Village P.U.D., a Portion of the Northeast One -Quarter of Section 6, Township 6 North, Range 68 West, of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado; TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its successors and assigns forever. The grantor, for its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor except subject to rights of way and easements as now established or of record, reservations and restrictions of record, general taxes for 2001, and subsequent years. Ted Shepherd February 7, 2001 Page 2 If there is anything further you should need, or you have any questions or concerns, please feel free to call, write or e-mail me (crh@dhr-law.com). Sincerely, DWYFR, HUDDLE7KII"e94 & P.C. Charles Rn CRH:ajh Enclosure cc: Roger Gunlikson TNB HarmonyVillage\City Certificate re ownership of Lot 2 A.doc DWYER, HUDDLESON & RAY, P.C. Attorneys at Lam February 7, 2001 Mr. Ted Shepherd City Planner City of Fort Collins Planning Services 281 North College Fort Collins, CO 80524 R991'UTE FEB 9 2001 Chas. R. Huddleson Steven B. Rav o • David E. Dwver James E. Ringenberg Stephen J. Jouard Joel M. Funk Megan L Haves Kent E. Sutherland Michelle L Bush I� R Alw admined in Nebmslw ❑ Also admitted in Moming Re: First National Bank Lot 2A, Harmony Village PUD, Replat No. 3 Dear Ted: We represent the First National Bank (Bank) and have been involved in an exchange of Lot 2 of Harmony Village PUD, Replat No. 1 (Bank Lot 2), previously owned by the Bank, and portions of Lots 2, 3 and 4 of Harmony Village PUD, Replat No. 1 (Bank Reconfigured Lot) previously owned by Dial of Fort Collins I, LLC (Dial). The Bank and Dial closed that exchange on Monday, February 5, 2001, whereby the Bank deeded the Bank's Lot 2 to Dial and Dial deeded the Bank Reconfigured Lot to the Bank. Enclosed are copies of those deeds. I'm enclosing a copy of the survey of the Bank's Reconfigured Lot, which will become Lot 2A of Harmony Village PUD, Replat No.3, which is a replat presently pending before the City Planning Commission. I'm also enclosing a copy of the proposed and pending Replat No. 3. The description of the Dial/Bank deed for the Bank Reconfigured Lot (to be Lot 2A) is the same legal description of the proposed Lot 2 A of Replat No. 3. The title company that closed the transaction, First American Heritage Title Company, has informed us that it can issue a title policy from the issued title commitment (copy enclosed) as soon as it obtains confirmation from the Clerk and Recorder of the recording of the requisite documents. Pending receipt of that policy, I am sending you this letter to certify on behalf of the Bank that the Bank is the fee simple owner of the Bank Reconfigured Lot, which upon the City's approval of the Harmony Village PUD Replat No. 3 will become Lot 2A of Harmony Village PUD, Replat No. 3. 215 West Oak St., Tenth Floor, Fort Collins, Colorado 80521 ■ Mailing Address: P.O. Drawer J, Fort Collins, Colorado 80522 Phone:970.482.1056 ■ Fax.970.482.3840 0 http://www.dhr-law.com 01/21/D1�15:14:25 sc SF1278 Form No. 1344-B2 (CO-88) ALTA Plain Language commitment Schedule B - Section 2 continued order No. LR51216B00-4 File x LR51216B00 15. Articles of Incorporation of Harmony Village Property Owner's Association recorded August 6, 1999 at Reception No. 99070510. 16. Terms, conditions, provisions and obligations of that Agreement recorded June 28, 2000 at Reception No. 2000043298. 17. Declaration of Covenants, Conditions and Restrictions recorded July 26, 2000 at Reception No. 2000050080. 18. All matters as shown on ALTA/ACSM Land Title Survey by JR Engineering dated January 5, 2001. 01/21/01 15:14:24 sc SF1278 Form•Mo. 1344-32 (CO-88) ALTA Plain Language Commitment Order No. LR51216BOO-4 SCHEDULE B - Section 2 Exceptions File # LR51216B00 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 easements, not shown by 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 the 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. 6. All taxes and assessments, now or heretofore assessed, due or payable. 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded November 13, 1900 in Book 133 at Page 94. (EAST 1/2 NORTHEAST 1/2) S. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded April 30, 1892 in Book 86 at Page 283. (SOUTHWEST 1/4 NORTHEAST 1/4) 9. Reservation of 1/20 part of all the oil and gas in or upon or produced by Elizabeth S. Randleman in the Deed recorded March 16, 1927 at Reception No. 322973. (SOUTHWEST 1/4 NORTHEAST 1/4) 10. Terms, conditions, provisions and obligations of that Easement Agreement recorded October 4, 1994 at Reception No. 94081821. 11. All easements, notes, statements and right-of-way as shown on the plat of subject property recorded June 15, 2000 at Reception No. 2000039918. 12. Terms, conditions, provisions and obligations of that Memorandum of Agreement and Notice recorded April 30, 1999 at Reception No. 99037002. 13. Easements, Covenants and Restrictions recorded August 6, 1999 at Reception No. 99070508. 14. By -Laws of Harmony Village Property Owner's Association recorded August 6, 1999 at Reception No. 99070509. --Continued 01/21/01 15:14:23 sc SF1278 File# LR51216B00 Form No. 1344-Bl (CO-88) ALTA Plain Language commitment SCHEDULE S - Section 1 order No. LR51216B00-4 Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) The following documents satisfactory to us must be signed, delivered and recorded: 1. Deed from First National Bank to Dial -Fort Collins I, L.L.C., a Nebraska Limited Liability Company as to Lot 2, Harmony Village P.U.D., Replat No. 1, City of Fort Collins, County of Larimer, State of Colorado. 2. Partial Release of the Deed of Trust from Dial -Fort Collins I, L.L.C., a Nebraska Limited Liability Company to the Public Trustee of Larimer County for the benefit of First National Bank of Omaha to secure an indebtedness in the principal sum of $3,015,000.00, and any other amounts and/or obligations secured thereby, dated October 30, 2000 and recorded October 31, 1999 at Reception No. 2000074885. 3. Deed from Dial -Fort Collins I, L.L.C., a Nebraska Limited Liability Company to First National Bank, Fart Collins, Colorado conveying title to the subject land. 4. Partial Release of the Deed of Trust from Dial -Fort Collins I, LLC to the Public Trustee of Larimer County for the benefit of Alliance Construction Solutions, LLC to secure an indebtedness in the principal sum of $ 50,000.00, and any other amounts and/or obligations secured thereby, dated December 1, 2000 and recorded December 13, 2000 at Reception No. 2000084653. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). O1/21/01 15:14:21 so SF1278 File# LR51216B00 NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION I£ you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S.) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor.