The URL can be used to link to this page

Home My WebLink AboutCOLLINDALE BUSINESS PARK FIFTH - Filed OA-OTHER AGREEMENTS - 2008-08-28TERMINATION AND RELEASE AGREEMENT THIS TERMINATION AND RELEASE AGREEMENT (the "Agreement") is dated May 3, 2007, for reference purposes and is between FC CARIBOU LP, a Colorado limited partnership (the "Owner"), and CITY OF FORT COLLINS OLORADO (the "City"). The City and the Owner are sometimes individually referred t Q a "Party" and collectively as the "Parties." CITALS: A. The Owner ]s theme owner of the real property (the "Property") that is more particularly described in Exhibit A attached hereto. The Owner is in the process of platting the Property as Caribou Subdivision. B. In connection with the platting of the Property, the Parties have agreed that the following exceptions to title (individually, a "Title Matter" and, collectively, the "Title Matters") that are presently of record should be terminated and released and no longer constitute a lien upon or otherwise affect title to the Property: 1. Agreement between J. Thomas Chandler and the City that was recorded May 10, 1990, at Reception No. 90019708 of the real estate records of the Clerk and Recorder of Larimer County, Colorado. 2. Site and Landscape Covenants for Novovesky Garden Shop P.U.D. that were recorded in the records of the Larimer County, Colorado Clerk and Recorder on December 8, 1995, at Reception No. 95078469 and a Notice recorded in the records of the Larimer County, Colorado Clerk and Recorder on December 8, 1995, at Reception No. 95078467. The purpose of this Agreement is to set forth the Parties' agreement and understanding that the Title Matters no longer affect any portion of the Property and that title to the Properly will pass free and clear of the Title Matters. COVENANTS: FOR GOOD AND VALUABLE MUTUAL CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Termination of Title Matters. The Parties agree that (a) the Title Matters have been terminated and released, (b) none of the Title Matters affects title to the Property, and (c) subsequent parties may acquire and hold title to the Property free and clear of the Title Matters. 2. Novovesky Garden Shop P.U.D. The Parties agree that the Novovesky Garden Shop P.U.D. has expired and is void pursuant to Division 2.2 of The Fort Collins Land Use Code. H;1Merc Hendrick¢1Marcki-CuiboukTennination Agreement 05 01 07.dac -I- RECEPTION#: 20080052090, 0811312008 at 12:03:12 PM, 1 OF 5, R $26.00 TD Pgs: 0 Scott Doyle, Larimer County, CO City Clerk's Office, Fort Collins, Colorado 3. Construction. The Recitals to this Agreement will, to the extent appropriate, be interpreted as covenants of the Parties. Captions to paragraphs are for convenience and reference purposes only and will not affect the construction of the meaning of the terms and provisions of this Agreement. Whenever the context requires or permits, the singular will include the plural, the plural will include the singular, and the masculine, feminine, and neuter will be freely interchangeable. 4. Severability of Terms of Agreement. All terms and conditions of this Agreement will be deemed severable. Should any one or more of the terms and conditions hereof be deemed void or unenforceable, then (a) the remaining provisions will have full force and effect and (b) those provisions deemed void or unenforceable will be interpreted, to the extent possible, so as to render such provisions enforceable and in a way consistent with the original intent of the Parties. 5. Successors and Assigns This Agreement will be binding upon and inure to the benefit of the Parties hereto, their representatives, successors, and assigns. 6. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. [THE REST QF THIS PAGE INTENTIONALLY LEFT BLANK] HAMwc HendricksN=\1-Caribw%Terminetion Ageement 05 01 07.dw -2- THIS TERMINATION AGREEMENT has been executed and delivered by the Parties as of the dates set forth below. Date: ✓✓ �(� �� r STATE OF COLORADO CITY AND COUNTY OF DENVER) FC CARIBOU L.P. a Colorado limited partnership Timberline & Caribou LLC, a Colorado limited liability company, General Partner By: J. c Hendrick , Manager ss. The foregoing instrument was acknowledged before me this I Lot dayof 1 2007, by J. Marc Hendricks, Manager of Timberline & Caribou LLC, a Colorado limited lia F company, General Partner of FC Caribou L.P., a Colorado limited partnership. Witn ss my hand d of?cl eal. (Notarial Seal) Notary Public My commission expires: ` U- `6 Zo b H:Vv = HendricksQvl=r j-Caribou\Termination Agreement 05 01 07.dac -3- THE CITY OF FORT COLLINS, COLORADO, a municipal corporation { Date: 1 � 6 �� v t V S C �� ZGb�- By: _ STATE OF COLORADO ) CITY AND COUNTY OF DENVER) ) ss. The foregoing instrument was acknokvlpdged before "" ^ 2" `e this Qom_ dayof /�% Collinsby %19 f��%(901�6( as ( of the City of ort Colliunicipal corporation. �— P��•Ati Wi44s nn hand and official seal. Seal) 'O �ONot P blic r f Op COOP My commis ' pires: / 7 City Clerk HAMarc Hendricks\Mucki-CuibouMmination Agreement 05 01 07.doc -4- EXHIBIT A The following described real property located in the County of Larimer, State of Colorado: Trace A and Tract e, Larimer County RecordC011indale Business Park Fifth Filing as recorded in s under Reception No. 95078468 on December 8, 1995, Lot, One (1), Collindale Business Park Fourth Filing as recorded in Larimer County Records under Reception No. 9404SS30 on May 26, 1994 and a parcel of land, all being a part Of the Southeast Quarter (SE1/4) of Section Thirty -One (31), Township Seven North (T.7N.), Range Sixty-eight West (R,68W.), Sixth Principal Meridian (6thP.M.), City of Fort Collins, County of Latimer, State of Colorado and being more particularly described as f011owsr COMMENCING at the Bast Quarter (E1/4) Corner of said Section 31 and assuming the East line of said SEX/4 as bearing South DO"00'49" East, Bearing of the Colorado State Plane Coordinate being a grid System, North Zone, North American Datum 1983/92, a distance of 2657.43 feet with all other bearings contained herein relative thereto: THENCE South 00*00449" Bast along said East line a distance of 39.38 feet] THENCE South e9e59,11" West a distance of 50.00 feet to the West Right of Way (ROW) Of Timberline Road, said point being the POINT OF BEGINNING; THENCE South 00000449: spat along said West ROW a distance of 649.91 feet; THENCE South 57e04'44East a distance of 23.03 feet to a point being 30.00 feet West, measured at right angles, of the East .line of said SE1/4; THENCE South 00000,49 East along maid line a distance of 169.21 feet to a point on the North line of Lot 1, Plat Of The Timberline Wetland as Recorded in Larimer County Records under Reception No. 92035433 on July 31, 2991, Thence along said Lot 1 the following three courses and distances, THENCE North 74e06,14" West a distance of 294.53 feet, THENCE North 63e57+15" West a distance of 279.45 feet; THENCE North 760580431 West a distance of 132.55 feet to the East line of Lot 1, Timberline Storage P.U.D., Second Filing as recorded in Larimer County Records under Reception NO. 96041452 on June 11, 1996; THENCE North 00003144" Went along said East line a distance of 613.27 feet to the South ROW of Caribou Road, THENCE North 89e56,57" East along said South ROPE a distance of 6?�8,93 feet to a point of Curvature (PC); THENCE along the Arc of a Curve which is concave to the Southwest a distance of 23.57 feet, whose Radius is 15,00 feet, whose Delta is 90002'14" and Whose Long Chord bears South 45"01+56" East a distance of 22. POINT OF BEGINNING. 22 feet to the H.'\Mwc HendricksW=\I.CuiboulTermination Agreement 05 01 07.dw -5-