HomeMy WebLinkAboutGOODWILL INDUSTRIES OF DENVER - Filed ED-EASEMENT DEDICATION - 2007-11-28EASEMENT DEDICATION
KNOW ALL MEN BY THESE PRESENTS: That the undersigned FC Timberline
Development LLC, a Colorado limited liability company, whose address is 4529 S. Stover, Fort
Collins, CO 80525, being the owner of certain real property in Larimer County, Colorado legally
described as Lot 1, Block 1, Harmony Centre, County of Larimer, State of Colorado, in
consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged,
and other good and valuable consideration, does hereby dedicate, transfer, and convey to the City
of Fort Collins, Colorado, a Municipal Corporation, to have and to hold a permanent non-
exclusive easement for utilities purposes in the City of Fort Collins, County of Larimer, State of
Colorado, more particularly described on Exhibit "B" attached hereto and by this reference made
a part hereof ("Pavilion Easement Dedication").
The above described easement is subject to all easements and rights of way now existing
or of record. 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.
Dated this 7'h day of June, 2006.
Grantor:
FC Timberline Development LLC, a
Colorado limited liability company
Manager
Charles P. Woods, Manager
STATE OF CO RAgO )
CO
The foregoing instrument was acknowledged before me this _'day of June, 2006, by
Jeff Donaldson as Manager of FC Timberline Development LLC, a Colorado limited liability
company, Grantor.
Witness my hand and official seal. My commission exnires-—,-.V0--. /q in
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STATE OF COLORADO )
COUNTY OF
The foregoing instrument was acknowledged before me this f 2: day of June, 2006, by
Charles P. Woods as Manager of FC Timberline Development LLC, a Colorado limited liability
company, Grantor.
Witness my hand and official seal
MELANIE A. CARLSON
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 03/17/2008
My c mission expires: t1 �Fi
otary Public
10000041913}6.6,06
Accepted by the City of Fort Collins on the day of .2006.
City Clerk
ATTORNEY'S CERTIFICATION
I hereby certify that the foregoing Easement Dedication of Right of Way has been duly
executed as required pursuant to Section 2.2.3(C)(3)(a) through (e) inclusive of the Land Use
Code of the City of Fort Collins and that all persons signing this Easement Declaration 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 the records of the Clerk and Recorder of Larimer
County, Colorado as of the date of execution of the deed and other information discovered by me
through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land Use
Code.
Lance P. Vanzan
Address: 303 E. 17`h Avenue
Suite 200
Denver, CO 80203
Registration No: 10736
5/17/2005
Pavilion Lane Easement Dedication
Exhibit B
An easement over and across a parcel of land located in the Southwest Quarter of
Section 36, Township 7 North, Range 69 West of the 6" P.M., County of Latimer, State
of Colorado, said easement being over and across that property described in document
recorded as Reception No. 97074166 and being more particularly described as follows:
Easement A:
Commencing at the Southeast corner of Fort Collins Retail Center; Thence North
62°37' 18" West, along the south line of said Fort Collins Retail Center, a distance of 7.51
feet to the beginning of a tangent curve to the left; Thence continuing along the south line
of said Fort Collins Retail Center, 10.72 feet along the arc of said curve having a radius
of 216.00 feet, a central angle of 2°50'35", and being subtended by a chord which bears
North 64002'36" West, 10,72' to the Point of Beginning A; Thence North 81°37'01"
West, a distance of 26.73 feet to the beginning of a tangent curve to the left; Thence 3.11
feet along the arc of said curve having a radius of 21.00 feet, a central angle of 8°28'43",
and being sub -tended by a chord which bears North 85051'23" West, 3.10 feet; Thence
South 89'54' 16" West, a distance of 40.99 feet to the west line of that property described
in document recorded as Reception No. 97074166; Thence North 51 °47'06" West, along
the west line of that property described in document recorded as Reception No.
97074166, a distance of 24.97 to the south line of said Fort Collins Retail Center also
being the beginning of a non -tangent curve to the right; Thence 6.24 feet along the arc of
said curve having a radius of 216.00 feet, a central angle of 1 °39'23", and being sub-
tended by a chord which bears South 89°1 T38" East, 6.24 feet; Thence South 64°54'59"
East, a distance of 15.03 feet; Thence North 89054' 16" East, a distance of 32.77 feet to
the south line of said Fort Collins Retail Center and the beginning of a non -tangent curve
to the right; Thence 39.81 feet along the arc of said curve having a radius of 216.00 feet,
a central angle of 10°33'32", and being sub -tended by a chord which bears South
70°44'39" East, 39.75 feet to the Point of Beginning A.
The above described Easement A contains a gross area of 579 square feet (0.013 acres),
more or less.
Easement B:
Commencing at the Southeast comer of Fort Collins Retail Center; Thence North
00°07'01" West, along the east line of said Fort Collins Retail Center, a distance of 5.90
feet to the Point of Beginning B; Thence continuing North 00007'01" West, along the
east line of said Fort Collins Retail Center, a distance of 4.24 feet to the north line of that
Property described in document recorded as Reception No. 97074166; Thence South
62'37'18" East, along the north line of that property described in document recorded as
Reception No. 97074166, a distance of 9.33 feet; Thence North 89039'36" West, a
distance of 8.28 feet to the Point of Beginning B.
The above described Easement B contains a gross area of 18 square feet (0.000 acres),
more or less.
County of Latimer, State of Colorado.
Basis of Bearings: South 89053100" West, along the South line of the Southwest Quarter
of Section 36, Township 7 North, Range 69 West of the 6th P.M., as shown on the final
plat of "Harmony Centre" and being monumented at the Southwest comer by a 2 %n"
aluminum cap, marked "Drexel Barrel & Co.", L.S. illegible in a monument box, and by
a 2 %," aluminum cap, L.S. 14823 in a monument box.
For and on behalf of Nolte Associates, Inc.
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Laine A. Landau, Colorado P.L.S. 3111901 Sharp Point Drive, Suite AFort Collins, Colorado 80525970.221.2400
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ADDENDUM
CONSENT AND JOINDER
The undersigned, JPMorgan Chase Bank (fWa The Chase Manhattan Bank), as Trustee under a
Pooling and Servicing Agreement dated as of June 16, 2000, for the certificate holders of Credit Suisse
Boston Mortgage Securities Corp., Commercial Mortgage Pass -Through Certificates, Series 2000-PS4 by
and through Capmark Finance Inc., a California corporation (successor -in -interest to Capmark Services,
L.P.), Master Servicer, hereby consents to and joins in the execution of the within and foregoing grant of
Easement Agreement between FC Timberline Development LLC, a Colorado limited liability company
("Grantor") and Goodwill Industries of Denver, a Colorado non profit corporation, ("Grantee")
("Easement Agreement'), by virtue of their rights and interests set forth in that certain Mortgage, Deed of
Trust and Security Agreement dated September 3, 1999, between FC Timberline Development LLC, a
Colorado limited liability company and Amresco Capital, L.P., a Delaware limited partnership, and agrees
to the granting of the aforesaid easement and agrees that any sale under foreclosure of such mortgage
shall be subject to such Easement Agreement.
d,P--
This 11 day of August, 2006.
Signed, sealed and delivered in the
presence of:
Witn -
JPMorgan Chase Bank (FWa The Chase Manhattan Bank) , as
Trustee under a Pooling and Servicing Agreement dated as of
June 16, 2000, for the certificate holders of Credit Suisse Boston
Mortgage Securities Corp., Commercial Mortgage Pass -Through
Certificates, Series 2000-PS4
By: Capmark Finance Inc., a California corporation, its
Master Servi
By: ✓��
Name: Gary A. Routzahn
Title: Vice President, Manager
G LLI8-936832.1-ARAJU 9 j7M 10:05 AM
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF MONTGOMERY )ss
On the lJr day of August 2006, before me, a Notary Public in and for the said State, the
Personally appeared Gary A. Routzahn, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual who name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
In Witness Whereof, I have hereunto set my hand and official seal
otary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jean Reese, Notary Public
Horsham Twp., Montgomery County
My Commission Expires Jan. 12, 2010
Member, Pennsylvania Association --of