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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 W1 (00000419 1 316.6,06 �OL�,Py z r� '�'�BLtG oo c co►o�'P���. Nn1f1110% 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. ct� r. LCl/iti6CL4LCU Laine A. Landau, Colorado P.L.S. 3111901 Sharp Point Drive, Suite AFort Collins, Colorado 80525970.221.2400 N:TCBO LUMMu a M%URVEY1Legol Dea Pdm.sET-0ED-EM.d. � Pege I of 2 ILo FF'6 I,LF.Z9s 0 Z lol 63AN30 -�0 s3181snONI 7IMa000 03sodo2ld I wLLJ w O Z Q J U rn O J O z Q J O p w O> Z Q �- Z J_ W RU WOU >m / J Q O N N 00 3 ^� Q op n N M Z p KZ Y 2 d w O N ry w p m O ^ M ip ^ U pJ 3 � o o n o > m N N N ^ Z po a Q �0 < a Z p Q J Y) f n 3 0 = S N II co N U W Z o > Q Q J 4 W h qg3�y 2� 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