HomeMy WebLinkAboutBURGER KING AT RAINTREE PUD - Filed OA-OTHER AGREEMENTS - 2002-11-13.''Y OF FCJf?T. C;C;., 1`4.;
RCPTN # 95O3b484 06/22/95 14:16:OO # PAGES - 3 FEE - $15.00
M RUDFNBEPGER EE!;C?RD";R. LAF.IMER COUNTY CO STATE DOC FEE - 1,010
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, Norbert J. Lukas, on the 16th day of December, 1994
executed a certain Deed of Dedication to the City of Fort Collins
for public use a permanent easement for drainage. Said easement,
more particularly described on Exhibit A and B attached hereto and
by this reference made a part hereof, covers land legally described
as Reception No. 89037099 in the Larimer County records.
NOW THEREFORE, AT & T Commercial Finance Corporation,
, the holders and owners of Two (2) UCC- 1
Financing Statements, between Nor -Mar, Inc., (Debtor) and assigned
by Safeco Credit Company, Inc., (Secured Party) recorded in Larimer
County records on October 12, 1992 as Reception No. 92063675 and
Reception No. 92063676 for a valuable consideration, their receipt
of which is hereby acknowledged, hereby consents to the terms and
provisions of said easement aforesaid without, however, joining in
any of the warranties, guarantees or indemnities contained therein,
and agree that the subject Financing Statements shall be
subordinate to such easement in the event of foreclosure thereof.
STATE OF COLORADO )
) ss.
County of Larimer )
Subscribed 4nd sworn to before me this day of
cC�_ , 19 % / , by / N.
Witness my hand and official seal.
Notary Public
My Commission Expires: _ _,A.6A
KINA WAIN CK
Pl�r cry ?ui+Lc
S•ATF pc COi.^ZAn;7
MN Commesicr. -,pfos SEPt 16.1998
''Fiy OF f-OH f COLLINS
BURGER RING DRAINAGE EASEMENT
A PART OF TRACT H, RAINTREE COMMERCIAL P.U.D. PHASE II, SITUATE IN
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER AS BEARING NORTH
000 12' 03" EAST AND WITH ALL BELRINGS CONTAINED HEREIN RELATIVE
THERETO: y
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22 THENCE ALONG
THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, NORTH 000 12'
03" EAST A DISTANCE OF 532.01 FEET; THENCE NORTH 890 26' 57" WEST
A DISTANCE OF 50.00 FEET; THENCE NORTH 000 12' 03" EAST A DISTANCE
OF 235.27 FEET; THENCE NORTH 890 47' 57" WEST A DISTANCE OF 58.73
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 160 44' 01" WEST
A DISTANCE OF 11.47 FEET; THENCE NORTH 890 47' 57" WEST A DISTANCE
OF 32.00 FEET; THENCE SOUTH 000 12' 03" WEST A DISTANCE OF 121.00
FEET; THENCE SOUTH 890'47' 57" EAST A DISTANCE OF 59.00 FEET;
THENCE SOUTH 000 12' 03" WEST A DISTANCE OF 57.00 FEET; THENCE
NORTH 890 47' 57" WEST A DISTANCE OF 118.97 FEET; THENCE NORTH 000
33' 03" EAST A DISTANCE OF 189.00 FEET; THENCE SOUTH 890 47' 57"
EAST A DISTANCE OF 94.08 FEET TO THE TRUE POINT OF BEGINNING, MORE
PARTICULARLY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART THEREOF.
SAID DRAINAGE EASEMENT CONTAINS 0.3434 ACRES MORE OR LESS.
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BURGER KING SITE
DRAINAGE EASEMENT
EXHIBIT B
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S.E. COR
SECT, 22
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OCT.. 28, 1994
CRY OF FORT C40LLINS
RCPTN # 95035485 06/22/95 14:16:00 # PAGES - 3 FEE - $15.00
M � )DN:NSERGEP ww,", FDr F . LARIMER COUNTY CO .STATE DOC FEE
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, Norbert J. Lukas, on the 16th day of December, 1994
executed a certain Deed of Dedication to the City of Fort Collins
for public use a permanent easement for drainage. Said easement,
more particularly described on Exhibit A and B attached hereto and
by this reference made a part hereof, covers land legally described
as Reception No. 89037099 in the Larimer County records.
NOW THEREFORE, SAFECO Life Insurance Company, a Washington
corporation, the holders and owners of a Deed of Trust recorded in
Larimer County recorded, for a valuable consideration, their
receipt of which is hereby acknowledged, hereby consents to the
terms and provisions of said easement aforesaid without, however,
joining in any of the warranties, guarantees or indemnities
contained therein, and agree that the subject Deed of Trust shall
be subordinate to such easement in the event of foreclosure
thereof.
GRANTOR: SAFECO Life Insurance Company
By:
Title:
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this 23rd day of February, 1995, before me personally
appeared r , to me known to be the
t `" c i " /" , of the corporation that executed the within
and foregoing insdument, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation for the
uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
IN
officia
No\
Bothell.
F, I have hereunto set my hand and affixed my
and year first above written.
7
nd for the State of Washington, residing at
expires September 20, 1997.
CONVENIENCE DRAINAGE EASEMENT
A PART OF TRACT H, RAINTREE COMMERCIAL P.U.D. PHASE II, SITUATE IN
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER AS BEARING NORTH
000 12' 03" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22 THENCE ALONG
THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, NORTH 000 12'
03" EAST A DISTANCE OF 532.01 FEET; THENCE NORTH 890 26' 57" WEST
A DISTANCE OF 50.00 FEET; THENCE NORTH 000 12' 03" EAST A DISTANCE
OF 235.27 FEET; THENCE NORTH 890 47' 57" WEST A DISTANCE OF 58.73
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 890
47' 57" WEST A DISTANCE OF 94.08 FEET; THENCE NORTH 000 33' 03"
EAST A DISTANCE OF 45.00 FEET; THENCE SOUTH 890 47' 57" EAST A
DISTANCE OF 97.96; THENCE NORTH 140 04' 45" EAST A DISTANCE OF
104.55 FEET; THENCE SOUTH 000 12' 03" WEST A DISTANCE OF 142.00
FEET; THENCE NORTH 890 47' 57" WEST A DISTANCE OF 27.90 FEET;
THENCE SOUTH 160 44' 01" WEST A DISTANCE OF 4.69 FEET TO THE TRUE
POINT OF BEGINNING, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF.
SAID DRAINAGE EASEMENT CONTAINS 0.1535 ACRES MORE OR LESS.
BURGER RING DRAINAGE EASEMENT
A PART OF TRACT H, RAINTREE COMMERCIAL P.U.D. PHASE II, SITUATE IN
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER AS BEARING NORTH
000 12' 03" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22 THENCE ALONG
THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, NORTH 00° 12'
03" EAST A DISTANCE OF 532.01 FEET; THENCE NORTH 890 26' 57" WEST
A DISTANCE OF 50.00 FEET; THENCE NORTH 00' 12' 03" EAST A DISTANCE
OF 235.27 FEET; THENCE NORTH 890 47' 57" WEST A DISTANCE OF 58.73
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 160 44' 01" WEST
A DISTANCE OF 11.47 FEET; THENCE NORTH 89° 47' 57" WEST A DISTANCE
OF 32.00 FEET; THENCE SOUTH 000 12' 03" WEST A DISTANCE OF 121.00
FEET; THENCE SOUTH 890 47' 57" EAST A DISTANCE OF 59.00 FEET;
THENCE SOUTH 000 12' 03" WEST A DISTANCE OF 57.00 FEET; THENCE
NORTH 890 47' 57" WEST A DISTANCE OF 118.97 FEET; THENCE NORTH 000
33' 03" EAST A DISTANCE OF 189.00 FEET; THENCE SOUTH 890 47' 57"
EAST A DISTANCE OF 94.08 FEET TO THE TRUE POINT OF BEGINNING, MORE
PARTICULARLY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART THEREOF.
SAID DRAINAGE EASEMENT CONTAINS 0.3434 ACRES MORE OR LESS.
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FtA�NTR�E �R,VE
PROPOSED
EASEMENT
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VICINITY MAP 06/02/95
MAP 9
PROPOSED PERMANENT DRAINAGE
EASEMENT
RCPTN # 99036310 08 " r /89 13 :47 : 20 # OF PAC` - 2 FEE -
M. RriDENBERGER, RE --OR,- - LARIMER COUNTY CO STAri OC 1EE—
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$10. 00
$.(30
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the Raintree Village Commercial Pud, Tract H-Phase Two
coffrK)nly known as: Burger King at Raintree PUD
City of Fort Collins, County of Larimcr,
State of Colorado
The undersigned, fee owner of Burger King at Raintree
P.U.D. (The Property) located in the City of Fort Collins, County of Larimcr,
State of Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby specifics
that these declarations shall constitute covenants to run with all of the
Property and shall be binding on all parties and all persons claiming under
them, and for the benefit of and limitations on all future owners of all or
part of the Property, this declaration being signed for the purpose of guaran-
tccing that the Property will be developed and landscaped initially and kept in
desirable condition in the future as herein specified. _"Owner" shall include the
signator to this document and all successors or assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and site
amenities including, without limitation, energy generation or conservation
amenities, as described in the site and landscape plans submitted to the City of
Fort Collins and on record therewith shall be made and instal;ed in the
manner as described in said plans unless amended pursuant to the approval of
the City of Fort Collins. With the exception of lands necessary for construc-
tion, the owner shall cause the property to be developed according to the site
and landscape plan submitted to and approved by the City of Fort Collins. It
is further understood and agreed that the owner of the Property, or it's assigns
or successors in interest shall be responsible for the maintenance and cart
(including necessary replacement of dead grasses, plants, trees or shrubs) of all
"planted and landscaped" areas and other amenities within said P.U.D., together
with all parking, sidewalks and open space areas and all areas otherwise
utilized for buffering energy conservation or other site amenity. Should the
owner fail in any respect to comply with the terms of this Agreement, the City
of Fort Collins upon notifying said owner in writing of the matters in regard
to which default is asserted and should the owner fail either to cure said
default within thirty (30) days after receipt of such notice or to commence
within twerity (20) days to rectify such default until it is fully rectified or
cured, then the City of Fort Collins shall have the right(1) to obtain, in the
district Court of Larimcr County, Colorado, a mandatory injunction requiring
rectification of the default, or (2) to enter upon said property and perform the
work necessary to replace said improvements or maintain the same and the
owner shall pay or cause to be paid to the City of Fort Collins such sums
necessary to reimburse said City of Fort Collins for the labor and material
expended to complete or maintain said improvements which payment shall be
made within ten (10) days after receipt of billing. The sum due and unpaid
shall accrue interest at the statutory rate for judgements from the date that
such sum is due. 1f said billing is not paid, then the City of Fort Collins
pursuant to the authority granted by these covenants, shall have a lien on the
above descriibcd property and improvements thereto. Said lien to be exercisable
by filing a notice of said lien against said property and improvements thereto;
provided, however, that the City of Fort Collins shall not have a lien against
CRYOFFORTCOLL1NS /
01)
any single-family lots and improvcmcnts thcrcto within the property, if
1pplicablc. The City of Fort Collins shall be cntiticd to all rights of
forcclosurc or othcr rcmcdics cxisting pursuant to Colorado law for cnt'orcc-
mcnt of licns against rcal property and may also, at its discrction, without
waiving any othcr rights it may havc pursuant to law, procccd dircctly with
Icgal action against the owncr, its assigns or succcssors in intcrest, to collcct
paN,mcnt of the rcasonablc amounts so cxpcndcd pursuant to the tcrms hcrcol'.
The undcrsigncd, its succcssors and assigns, hcrcby cxpressly rescrvc the
right, with the conscnt of the City of Fort Collins, Colorado, to nmcnd or
restatc thcsc Covcnants, by including the provisions containcd hcrcin within the
Protcctivc Covenants for the rcal property plattcd as "Thc Burger Kinct at Raintree
P.U.D." which rcal property shall includc the property subjcct to thcsc
Covcnants.
DATED this W"? day of GyV-' 19 qI
.J
Owncr �C /z2oil Welopn enzY �GIPGYat7GY1
Titic
ATTEST:
STATE OF TEXAS )
)ss
COUNTY OF DALLAS )
The forcgoing instrumcnt was acknowlcdgcd bcforc me this /�Eh day
of l/] SF 19 by l'Ui�?S /milt er as a/ i"(lee l�i`�SldF�t
and GGr7�G L�P_IVO1 b asySccrctary of 66, RetLCII %y2l(,yVYlEr�tC'Gt�rC��lCh
MY Commission cxpires: 1�l' �)qI
Witncss my hand and official scat.
Wy
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��. My C:xnrn. Erp. Cec. ta. Ir Notary Public
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