HomeMy WebLinkAboutTOWER SHOPPES PUD - Filed ED-EASEMENT DEDICATION - 2006-08-16TEMPORARY PARKING EASEMENT
THIS TEMPORARY PARKING EASEMENT is made and entered into
this 13%J day of May, 2005, by and between G B VENTURES, LLP,
a Colorado Limited Liability Partnership, and BGJR LARIMER, LLC,
a Colorado Limited Liability Company, the mailing address of
which, for purposes of this License Agreement is, 1800 Broadway,
Suite 210, Boulder, Colorado 80302 ("Grantors") and WILLIAM
DAVID BEARD and SUSAN MAE BEARD, whose address for purposes of
this License Agreement is, 35061 Cornerstone Way, Windsor,
Colorado 80550 (`Grantees").
WITNESSETH:
For and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration paid to Grantors by
Grantees, the receipt and adequacy of which are hereby confessed '
and acknowledged, Grantors do hereby grant to Grantees a
£dmporary non-exclusive easement for the limited purposes set
forth herein, and subject to the terms and conditions hereof,
for the installation, use, maintenance, repair, replacement
and/or removal of parking improvements ("Parking Improvements"),
and ingress and egress to and from same, over and upon that
portion of Lot 1, Tower Shoppes P.U.D., Larimer County,
Colorado, as more fully depicted on Exhibit "A" attached hereto
and incorporated herein by this reference (the "Easement Area")
solely for the purpose of parking associated with Grantees' use
of Lot 4, Tower Shoppes P.U.D., Larimer County, Colorado ("Lot
4").
It is furthermore hereby mutually covenanted and agrees by
and between the- parties hereto that this Temporary Parking
Easement is granted subject to the following terms and
conditions:
1. This Temporary Parking Easement is created solely for
the benefit of Grantees herein and shall not be sold, assigned,
transferred or conveyed to any other party, excepting only any
successor in interest to Grantees with respect to ownership of
Lot 4.
GRANTEES ACKNOWLEDGE THAT THEIR RIGHTS AS HEREIN GRANTED
ARE NOT ASSIGNABLE TO ANY PARTY OTHER THAN A SUCCESSOR IN
INTEREST TO LOT 4, AND ANY ATTEMPT TO ASSIGN SAME SHALL
PROPERTY DESCRIPTION
Exhibit -A
(1 of 2)
A parcel of land being part of Lot One (1) and Two (2) of Tower Shoppes P.U.D., as
recorded in the records of Larimer County on August 25, 1995, under Reception Number
95052532, located in the Southwest Quarter (SW1/4) of Section Twenty-nine (29),
Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal
Meridian (6th P.M.), City of Fort Collins, County of Latimer, State of Colorado, and
being more particularly described as follows:
COMMENCING at the Northeast comer of said Lot 1 and assuming the North line of
said Lot 1 as bearing North 89057'34" East, being a grid bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum 1983/92, with all other
bearings contained herein being relative thereto;
THENCE North 89057' 34" East along said North line a distance of 375.14 feet;
THENCE South 00002'26" East a distance of 40.34 feet to the South line of the Easterly
extension of a 40.34 foot wide utility and drainage easement as shown in said Tower
Shoppes P.U.D. and the POINT OF BEGINNING;
THENCE South 15°0o'00" West a distance of 171.14 feet;
THENCE South 22000'00" West a distance of 59.44 feet;
THENCE South 32000'00" West a distance of 56.56 feet;
THENCE North 89059'30" West a distance of 35.37 feet;
THENCE North 32000'00" East a distance of 72.68 feet;
THENCE North 22°00'00" East a distance of 54.98 feet;
THENCE North IY00'00" East a distance of 153.24 feet;
THENCE South 64000'00" West a distance of 453.11 feet to the Northeasterly line of a
Twenty (20) foot wide utility easement as shown in said Tower Shoppes P.U.D.;
THENCE North 44059'58" West along said Northeasterly line a distance of 31.73 feet;
THENCE North 64000'00" East a distance of 419.48 feet to the South line of said 40.34
foot wide utility and drainage easement;
THENCE North 89°57'34" East along said South line and the extension thereof a distance
of 85.80 feet to the POINT OF BEGINNING;
Said Parcel contains 21,941 sq. ft. more or less (+/-), and is subject to any rights -of --way
or other easements of record as now existing on said described parcel of land.
I, Lawrence S. Pepek, a Colorado
that this Property Description
and that it is We and correc
- on
Land Surveyor 433642
ICING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)686-5011
Professional Land Surveyor do hereby state
ader my personal supervision and checking,
�Smowledge and belief.
Inc.
N:\2005003\Legal-Closures\Easement-C-LegaI Desc.doc
EASEMENT
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EXHIBIT
(2 OF 2)
TOLOT I AND 2
WER SHOPPES P.U.D.
NOTE: This exhibit drawing is not intended to be a
monumented land survey. It's sole purpose is as
graphic representation to old in the visualization of
the written property description which It occompani
The written property description supersedes the
exhibit drawing.
KING SURVEYORS INC. PROJECT 5 5003
DATE: 10-4
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:DAVID BEARD
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg
WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP
PROPERTY DESCRIPTION
Exhibit -A
(1 of 2)
A parcel of land being part of Lot One (1) of Tower Shoppes P.U.D., as recorded in the
records of Latimer County on August 25, 1995, under Reception Number 95052532,
located in the Southwest Quarter (SW 1/4) of Section Twenty-nine (29), Township Seven
North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6t°
P.M.), City of Fort Collins, County of Latimer, State of Colorado, and being more
particularly described as follows:
COMMENCING at the Northeast comer of said Lot 1 and assuming the North line of
said Lot 1 as bearing South 89057'34" West, being a grid bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum 1983/92, with all other
bearings contained herein being relative thereto;
THENCE South 0002753" West along the East line of said Lot 1 a distance of 20.00 feet
to the South line of a Twenty (20) foot utility and drainage easement and the POINT OF
BEGINNING;
THENCE continuing South 00027'53" West a distance of 20.34 feet to the South line of
the Easterly extension of a 40.34 foot utility and drainage easement;
THENCE South 8905734" West along said South line a distance of 329.76 feet to the
East line of said utility and drainage easement;
Thence along the East and South lines of a utility and drainage easement the following
Two (2) courses and distances:
THENCE North 00002126" West a distance of 20.34 feet;
THENCE North 89°57'34" East a distance of 329.94 feet to said East line and to the
POINT OF BEGINNING;
Said Parcel contains 6,709 sq. ft. more or less (+/-), and is subject to any rights -of -way or
other easements of record as now existing on said described parcel of land.
SURVEYORS CERTIFICATE
I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description wa�� m&
my personal supervision and cherk
and that it is tmm and correct s� " - . owledge and belief.
b -o
ce S. Pepek - onA-,,.SKing urve , Inc.
orado Registered PaNaL
Land Surveyor #33642
ICING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)686-5011
N:\2005003\Legal-Closures\Easement-B-Legal Desc.doc
LOT 1
EASEMENT EXHIBIT TOWER SHOPPES P.U.D.
(2 OF 2)
POINT OF
BEGINNING
POINT
NOR�STNCEMENT
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LOT 1
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LINE
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LENGTH
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20.34•
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p"�•3x iv "PF'0�`-"`e0�. NOTE: This exhibit drawing is not intended to be a
man imented land survey. It's sole purpose is as a
............
�0 graphic representation to aid in the visualization ofgraphic representation to aid in the visualization of
L ce S. PepekL ce S. pepek — on��a King Surv4 Inc. the written property description which it accompanies
King Surv4 Inc. the written property description which it accompanies.
ado Registered Profess f•. The written property description supersedes the
Land Surveyor #33642 Sg� .• 'y exhibit drawing.
KING SUR ORS; INC. PROJECT 4-05 5003
DATE:10-4-05
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:DAVID BEARD
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg
WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP
RESOLUTION NO. PZ06-01
OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS,
ACCEPTING THE DEDICATION OF AN EMERGENCY ACCESS EASEMENT
LOCATED NORTH OF HORSETOOTH ROAD AND EAST OF TIMBERLINE ROAD
WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the
Planning and Zoning Board to accept dedication of certain easements and rights -of -way
by resolution or by approval of replats containing notation of such dedication; and
WHEREAS, the Owners have presented to the City a deed of dedication of an
emergency access easement from G B Ventures, LLP, BGJR Larimer, LLC; William David
Beard and Susan Mae Beard; and Golden Arch Limited Partnership, which easement is
more particularly described below; and
WHEREAS, this dedication has been reviewed and approved by the pertinent City
Departments, which departments report no objections to said dedication.
NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of
Fort Collins that the "Deed of Dedication for Easement' conveying an emergency access
easement, which deed is attached hereto and incorporated herein by this reference, is
hereby accepted.
Passed and adopted at a regular meeting of the Planning and Zoning Board of the
City of Fort Collins held this 19th day of January A.D. 2006.
Chairperson
ATTEST:
Easement Dedication
PZ06-01
Emergency Access Easement
Vicinity Map
DEED OF DEDICATION FOR EASEMENT
(Emergency Access)
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, G B
VENTURES, LLP, a Colorado Limited Liability Partnership, BGJR LARIMER,
LLC, a Colorado Limited Liability Company, WILLIAM DAVID BEARD and
SUSAN MAE BEARD, and GOLDEN ARCH LIMITED PARTNERSHIP, a Delaware
Limicea Partnership, oeing the owners of certain real property in
Larimer County, Colorado, legally described at Reception Nos.
2002001235 (GB), 20030117370, 20030117371 ,-4 20030117372 (BGJR),
20050091B32 (Beard) and 95062195 (Golden Arch), respectively, in the
Larimer County Records, in consideration of Ten Dollars ($10.00) ir,
hand paid, receipt of which is hereby acknowledged, and other good and
valuable consideration, do hereby dedicate, transfer and convey to the
City of Fort Collins, Colorado, a Municipal Corporation, for public
use forever a permanent easement for emergency access purposes in the
City of Fort Collins, County of Larimer, State of Colorado, me-:
particularly described on Exhibit "A" attached hereto and by this
reference made a part hereof.
It is understood by the undersigned that, by acceptance of this
dedication, the City of Fort Collins will not accept the duty of
maintenance of such easement.
Witness our hands and seals this all'L day of Novealec ,
2005.
G B VE RES,ited L LLP
a Colora o ability
W. ReeV'nold4(, Veneral Partner
BGJR LARI R,mited LLC
a Colorado L' bility Company
By
lliam W.
1800 Broadway, STE 200
Boulder, CO 80302
"v, 4L,�l ..-
WILLIAM DAVID BEARD
SUSA14 MAE BEPpn
35061 Cornerstone Way
Windsor, CO 80550
GOLDEN ARCH LIMITED PARTNERSHIP,
a Delaware Limited Partnership
"ealty LLC, Its:_^ al Partner
By: McOonald� Corp S. A
e
U ,A rn
PO Box 66351 AMF O'Hare Airport
Chicago, IL 60666
STATE OF COLORADO )
icier ) as.
COUNTY OF cu )
The foregoing instrument was acknowledged before me this 2�
day of 2005, by William W. Reynolds as General Partner
of G B VENTURES, LLP, a Colorado Limited Liability Partnership.
WITNESS my hand and official seal.
My commission expires: 0C1-c6er 1, a0c I
C/ 1� 1 41 --
s
�i
4� t
(HF&M 11/17/05)
STATE OF COLORADO )
) as.
COUNTY OF (tldfr- )
The foregoing instrument was acknowledged before
day of [Voern Ue(' _, 2005, by William W. Reynolds as
LARIMER, LLC, a Colorado Limited Liability Company.
WITNESS my hand and official seal.
My commission expires:
rcfr&t- I,
STATE OF COLORADO
me this
Manager of BGJR
G1 /1 i, i " I 11. & L)" -
Notary Public
) ss.
COUNTY OF LARIMER
The oregoing 'instrument was acknowledged before me this '
day of 2005, by WILLIAM DAVID BEARD and SUSAN MAE BEAR.
WITNESS my hand and official seal.
My commission expires:
Notary Pu is
UJOHN
Vg Cmmoiasicn expires Nov. T. 20OF
(HF&M 11/17/05) 3
STATE OF Y11196IS )
) ss.
COUNTY OF VAJ� )
UL
The foregoing instrument was acknowledged before —we this �oC
day of qn mbf ly _ 2005, by 0 kk6IJU A GQlfflnl as
of GOLDEN ARCH LIMITED PARTNERSHIP, a
Delaware Limited Partnership; By: Arch Realty, LLc, Its: General Partner, By: McDonald's
Corporation, Its: Member.
WITNESS my hand and official seal.
My commission expires:
Notary Public
OFFICIAL SEAL
LINDA L HILLS
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:O9i 80
Accepted by the City of Fort Collins on the T— day of
2005.
CITY CLERK
(HFSM 11/17/05) 4
AUTOMATICALLY RENDER THE TEMPORARY EASEMENT AND ANY OTHER RIGHTS
HEREIN GRANTED NULL AND VOID.
2. The temporary easement herein granted is for the sole
purpose of allowing Grantees to install, maintain, repair,
replace and/or remove the Parking Improvements in connection
with Grantees' development and use of Lot 4, which installation
shall only be accomplished in accordance with designs, plans and
specifications for same which shall have been approved by
Grantors, which approval shall not be unreasonably withheld.
Before commencing any such construction, installation,
maintenance, repairs, replacement or removal, Grantees shall
submit to Grantors, for their written approval, plans and
specifications for such work in form and detail reasonably
satisfactory to Grantors, together with a proposed schedule for
completion of such work. Grantors shall review such plans and
specifications and schedule and either grant or deny their
consent within a reasonable time thereafter. If Grantors grant
their consent, Grantors may impose any reasonable conditions.
3. Grantors shall not be responsible for any cost or
expense of installing, maintaining, repairing, replacing and/or
removing the Parking Improvements, or the preparation or
approval of design of same, or any repair of any damage to any
property that may occur in connection with the installation or
use of the Parking Improvements, all of which costs and expenses
shall be borne in their entirety by Grantees.
4. Grantees shall at all times, at their sole cost and
expense, properly maintain and repair the Parking Improvements,
and shall properly restore and reclaim any property impacted by
Grantees' activities pursuant to this Temporary Parking
Easement.
5. Grantees shall indemnify, defend and hold Grantors and
their respective affiliates, partners, managers, members,
employees and agents, and all other persons or entities holding
any interest in Lot 1 harmless from and against any claims,
demands, suits, actions, losses, damages, settlements,
judgments, costs or expenses arising out of or in connection
with Grantees' use of the temporary easement or the exercise of
Grantees' rights herein granted. Such indemnification shall
include, without limitation, all reasonable costs and attorneys'
fees incurred by Grantors or any other indemnified party in
enforcing this indemnity.
(HF&M 05/17/05) 2
ATTORNEY'S CERTIFICATION
I hereby certify that the foregoing Deed has been duly executed as
required pursuant to Section 2.2.30(3)(a) through (e) inclusive of the
Land Use Code of the City of Fort Collins and that all persons signing
this Deed on behalf of a corporation or other entity are duly authorized
signatories under the laws of the State of Colorado. This Certification
is based upon an examination of the records of the Clerk and Recorder of
Larimer County, Colorado, as of the date of execution of the deed and
other �.nzormation discovered by me through reasonable inquiry and is
limited as authorized by Section 2.2.3(c) (3) (f) of the Land Use Code.
Attorney - MICK HAEL A. MAXWELL
Address: 125 South Howes Street
Sixth Floor
Fort Collins, CO 80521
Registration No.: 8755
Date: // - ?d'y Sr
(HF&M 11/17/05) 5
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DEED OF DEDICATION FOR
EASEMENT (EMERGENCY ACCESS).
[SEE ATTACHED]
t._
A parent of land being part of Lam One (1) tbmugh Four (4) inclusive of Tower Sboppes P.UD., as
recorded in the records of Lx mx County on August 25, 1995. ender Reoeptlon Number 95052532,
located in the Southwest Quarter (SWIA) of Section Twenty- mime (29), Tuaraft Saver North (T.7N.),
Range S1sty-sight West(R6SW.) ofibe Shah Principal Meridian (6a P.M.), City of Fort Collins, County
of Lanmer, State of Colorado, and being more particularly described a follows:
BB;GINNRVG u tbt Sautltasst coma of said Lot 4 and aeaanhng the Soth line of said Lot4 as burring
North 89032'07" West, being a geld hearing of the Colorado State Plane Coordimse Systea; North Zoe,
North American Datom 1983192, with all other bearings contained herein being relativedmete;
THENCE North BMW" West along said South Hue adistutcaof13Mfeel tothe Waft RaeofaTwmty
(20) foot utility easement as shown in said Tower ShMM P.U.D.;
THENCE North 00°00'OY East along sold Wen It and the ertwicn thereof a distance of 191.72 feet;
THENCE North OV591V Wen a distance of401.91 feet;
THENCE North 000001V East a distance of 89.27 feet to a Peet nf r ur "- (PM;
THENCE along the arc of a curve, concave to the Enna distance of 16.62 fat, whose Radius is 34.00 Sect,
whose Dena is 28"OPSS" and whose Long Chord beers North 140W58" Eau a distance, of 16.46 fear to a
Poi:,: of Tangency (PT);
THENCE North 2800125' Fiat a distance of 14.10 feet to a PC;
THENCE along the arc of a carve concave to the West a distance of 1730 feet, whose Radius is 10.00 feet,
whose Delta is 99°o7'21" and whom Long Chord beers North 21032'l5" Weft a disteoce of 15.22 feet to a
Point of Compound Cmvanre (PCC);
THENCE along the son of a carve concave to the South a distance of 42A fret, whose Radius is 130.00
fee; whom Delta is 18"5402" and whoa Long Chord bases North 80"32'S7" West a distmoe of 42.69 feet
to o PT;
THENCE North 89.5958" Wan a distance of 19.40 feet to the Wen line of said Lot 1;
THENCE North 00"02'42" Wert along said West line a distance of 40.00 feet;
THENCE South 8905919" Feu a distmm of19,43 feetto a PC;
THENCE along the are of a curve concave to the South adiftance of 6620 fees, whose Radio is 17D.D0
feet' whose Delta is 2S"18'43" and whose Long Cbod bases South 78950'36" But a distance of 65.78 feet
to a Point ofRaver m Camanue (?RC);
THENCE along the are of save concave to the North a diateace of 5.02 tee; whoa Radius is 10.00 feet,
whose Delta L 2864653" and whoa Long Chord beset South 82ON41"Had a distance of497 faun a
THENCE along the arc of a curve concave to the Wag a distance of 79.78 &a, whoa Radius is 26.00 Eea;
whoa Delta is 1754837" and whose Long Chord leans South 0803349" But a dismoee of 51.97 fat to a
PRC;
THENCE along the arc of a caves conom to the Sonmenet a distance of L96 feet, whose Radios is 10.00
fat, whoa Detm if 51019'04" and whoa La* Chord beets South 530407" Wed a distance of 8.66 fed
to a Pi;
THENCE South 28W175" West a disteow of 16.96 feat to a PC;
THENCE along the set of save comrava to the East e. distance of4.89 fee; whose Radius is 10.00 fee;
whose Delta is 28'00'55" and whoa Long Chad been; South 1400058" Want a distance of4.84 fed to a
PT;
THENCE South 00°0030" Warta distance of 6527 Led to theNarth line oflha Westerly exfmsion of a
_ portion of a 20foot utility mmerent as shown in said Tower Shopper P.UD.;
THENCE South BV59130" Ent along said North line a distance of407.90 feet;
171ENCE South OD"00'02" Wad a distance of 215.96 feet m the South line of said Lai l;
THENCE North 89"32'D7" West along aid South line a distance of 16.80 fea to the POW OF
SEGSNNMG;
Said Pateel contains 23,457 sq. I mote or less (+/ ), and is subject to any righbof-way or other essemaats
of record as now existing no and described parcel of Lod
Pepsis, a Colorado onal
�> Lend Surveyor do hereby win that this Property
a ureasred under my _ and checking, and thse it is true and cannot 10 the
00
Surveyor #33642
RING SURVEYORS, INC.
9299 Eastman Pak Drive
Windsor, Colorado 80550
(970) 6M-5011
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NOTE: This exhibit drawing is not Intended to be o
monumented land survey, It's sole purpose to 03 o
graphic representation to old In the Vsuadzotlon of
Lo a S. Pepek — on behalf Gng Sumgor5 the written property description which It accanpanles.
ado Reglstdred Professional The written property description superseded the
Land Surveyor #33642 'O�✓.4LtAN0 exhibit drawing.
1YING SURVEYORS; INC. PROJECT NO:2005003
DATE:10-4-05
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CUENT:DAVID BEARD
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg
WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP
1
Without limiting the foregoing, Grantees shall promptly pay
and discharge any and all claims for materials provided or
services rendered by any party in connection with the
installation of improvements on, or use of, the temporary
easement, and shall promptly cause the removal of any mechanic's
lien claims asserted against all or any portion of Lot 1 on
account of any such claims.
6. Grantees shall at all times comply with all applicable
laws, statutes, rules and regulations regarding the use of the
temporary easement, including, without limitation, all
requirements and conditions of the recorded Declaration of
Covenants, Conditions, Easements and Restrictions for Tower
Shoppes P.U.D.
7. The temporary easement and rights herein granted shall
terminate if at any time Grantees are in default under the terms
of this Temporary Parking Easement. The right and remedies of
Grantors under this Temporary Parking Easement shall be in
addition to, not in lieu of, any other rights or remedies
otherwise available to Grantors under any other agreement or by
operation of law or in equity. Without limiting the foregoing,
by execution hereof, Grantors do not waive, and expressly hereby
reserve and retain, any and all rights they may have to assert
other claims against Grantees or any other party.
B. Notwithstanding any of the terms or conditions herein
to the contrary, this Temporary Parking Easement shall
automatically terminate and thereafter be null and void upon
construction of parking on common area upon Lot 1, as
contemplated by the recorded Declaration of Covenants,
Conditions, Easements and Restrictions for Tower Shoppes P.U.D.
At that time, Grantees' easements and rights for parking upon
such common area ( including, without limitation, the Easement
Area) will be determined in accordance with the terms of said
Declaration.
9. This Temporary Parking Easement may be amended by
written document recorded in the real property records of
Larimer County, Colorado, executed by all persons who are at the
time of recording such documents record owners of the easement
and of the real property burdened by the easement. This
Temporary Parking Easement may be vacated, released or
terminated by written document recorded in the real property
records of Larimer County, Colorado, executed by all persons who
are a the time of recording such documents record owners of the
temporary easement.
)HF&M 05/17/05) 3
10. This Temporary Parking Easement shall be binding upon
and inure to the benefit of the parties hereto and their
respective successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Temporary Parking Easement as of the day and year first above
written.
G B VENTURES, LLP,
a ColorAdp Lim Liability Partnership
zz
, General Partner
BGJR�IARIMER, LLC,
a Color doted Liability Company
W. Reyndl .4, Manager
ors"
WILLIAM DAVID BEARD
�•- �,(,a cam-._. IG-���Ca-�c�
SUSAN MAE BEARD
"Grantees"
(HFSM 05/17/05) 4
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this
day of May, 2005, by William W. Reynolds as General Partner
of G B VENTURES, LLP, a Colorado Limited Liability Partnership.
WITNESS my hand and official seal.
My commission expires: 14o
01")
b e d6
a�
Notary
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
& The foregoing instrument was acknowledged before me this
Z day of May, 2005, by William W. Reynolds as Manager of BGJR
LARIMER, LLC, a Colorado Limited Liability Company.
WITNESS my hand and official seal.
My commission expires:
i
r
Notary
(HF&M 05/17/05) 5
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
05D'd day of May, 2005, by WILLIAM DAVID BEARD and SUSAN MAE
BEARD.
WITNESS my hand and official seal.
My
M'
(HFEM 05/17/05) 6
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE TEMPORARY PARKING
EASEMENT BY AND BETWEEN G B VENTURES, LLP, A COLORADO LIMITED
LIABILITY PARTNERSHIP, AND BGJR LARIMER, LLC, A COLORADO LIMITED
LIABILITY COMPANY ("GRANTORS") AND WILLIAM DAVID BEARD AND SUSAN
MAE BEARD ("GRANTEES").
The Easement Area
8
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PROPERTY DESCRIPTION
Exhibit -A
(1 of 2)
A parcel of land being part of Lot One (1) and Four (4) of Tower Shoppes P.U.D., as
recorded in the records of Latimer County on August 25, 1995, under Reception Number
95052532, located in the Southwest Quarter (S W IA) of Section Twenty-nine (29),
Township Seven North (T.7N.), Range Sixty-eight West (R.68 W.) of the Sixth Principal
Meridian (6" P.M.), City of Fort Collins, County of Latimer, State of Colorado, and
being more particularly described as follows:
COWNIENCING at the Northeast comer of said Lot 4 and assuming the North line of
said Lot 4 as bearing South 89°26'21" West, being a grid bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum 1983/92, with all other
bearings contained herein being relative thereto;
THENCE South 89026'21" West along said North line a distance of 87.17 feet to the East
line of a Ten (10) foot utility easement as shown in said Tower Shoppes P.U.D. and the
POINT OF BEGINNING;
Thence along the East, South and West lines of said utility easement the following Three
(3) courses and distances:
THENCE South 00°00'30" West a distance of 75.36 feet;
THENCE North 89059'30" West a distance of 10.00 feet;
THENCE North 00000'30" East a distance of 95.31 feet to the South line of a Twenty
(20) foot utility easement as shown in said Tower Shoppes P.U.D.;
THENCE South 89°59'30" East along said South line a distance of 10.00 feet to the East
line of said 10 foot utility easement;
THENCE South 00000'30" West along said West line a distance of 19.95 feet to the
POINT OF BEGINNING;
Said Parcel contains 953 sq. fL more or less (+/-), and is subject to any rights -of -way or
other easements of record as now existing on said described parcel of land.
SURVEYORS CERTIFICATE
1, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state
that this Property Description was der my personal supervision and checking,
and that it is try6�ttd correct to _;Q.$� „ owledge and belief.
Lpff
'pOce S. Pepek - on
CkTrado Registered Pn
Land Surveyor 933642
ICING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
N:\2005003\Legal-Closures\Vacation-D-Legal Dese.doc
EASEMENT VACATION EXHIBIT TOWER SHOPPERS P.U.D.
(2 OF 2)
LOT 1
TOWER SHOPPES P.U.D.
------------------------\
\
PdNT OF COMMENCEMENT
--------- \ \ NORTHEAST CORNER
\ LOT 4
I POINT OF\\ \\
M I
I M BEGINNING \ \
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of
13 \\
MI
to \
of
l0 1
of
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Ohio
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VACATION-
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953 sq. ff.
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9
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LOT 4
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TOWER SHOPPES P.U.D.
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30 15 0 30
1 "= 30,
LINE TABLE
LINE
j BEARING
LENGTH
L19
IN 9'S9' 0'W
10. '
L20
589'S9'F
10.00'
L21
I S00'OD'30'W
19. 15
I
----------------------------- ---- iI I
HORSETOOTH ROAD
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NOTE: This exhibit drawing is not intended to be a
monumented land survey. It's sole purpose is as a
graphic representation to aid in the visualization of
the written property description which it accompanie
The written property description supersedes the
exhibit drawing.
KING MRWYORS, INC. PROJECT 5 5003
DATE:10-4
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:DAVID BEARD
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2005003—EXH.dwg
WWW.KINGSURVEYORS.COM DRAWN: KER CHECKED: LSP