HomeMy WebLinkAboutEVERGREEN PARK REPLAT - Filed OA-OTHER AGREEMENTS - 2002-12-20RCPTN # 85056454 ll/`'/85 14:09:43 # OF PAGF — 3 FEE — $9.00
J. ULVANG, RECORDER - ..,RIMER COUNTY, CO. DOC. Fh-- $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, RICHARD D. URBOM and BARBARA J. URBOM, on the 3rd day of
September, 1985, executed a certain Deed of Easement to the City of Fort
Collins for the installation of utilities, which easement covers land in
Larimer County, Colorado, described on Exhibit "A" attached, said easement
being recorded on the 13th day of September, 1985, Reception Number 85046722
of the Larimer County, Colorado records.
NOW THEREFORE, UNITED BANK OF FORT COLLINS NATIONAL ASSOCIATION, the
holders and owners of a Deed of Trust recorded in Book 2236 at Page 1002 of
the Larimer County, Colorado records, for a valuable consideration, the
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.
UNITED BANK
By
STATE OF COLORADO) Charles P. Monaghan
)ss Senior Vice Presiert
COUNTY OF LARIMER)
Subscribed and sworn to before me by Charles P. Monaghan, Senior
Vice President of United Bank of Fort Collins National Association
Witness my hand and official seal.
My Commission expires: 4-4-89
Notary Public
Address: 401 South College Avenue
Fort Collins, Colorado 80524
RCPTN # 85060736-1/27/85 15:01:21 # OF ?AGES — 3 FEE — $9.00
J. ULVANG, RECORDER — LARIMER COUNTY, CO. DOC. FEE— $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, ARCHIE L. WAINWRIGHT, as Legal Owner and JAY KEE JACOBSON, as
Contract Purchaser, on the 1st day of October, 1985, executed a certain Deed
of Easement to the City of Fort Collins for the installation of utilities,
which easement covers land in Larimer County, Colorado, described on Exhibit
"A" attached.
NOW THEREFORE, MOBERLY CONSTRUCTION CO., the holders and owners of a
Judgement entered on September 18, 1984 Case Number 1 83 0093, District Court,
transcript recorded in Book 2294 at Page 1534 of the Larimer County, Colorado
records, for a valuable consideration, the 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 Judgement shall be
subordinate to such easement in the event of foreclosure thereof.
STATE OF COLORADO)
)ss
COUNTY OF LARIMER)
Subscribed and sworn to before me by
Witness my hand and official seal.
My C-aff"01 S �`t 1R'�'e x p i r e s
n �
MOBERLY CONSTRUCTION CO.
Aftary Public -
Address:
(f Y
WAINWRIGHT
PERMANENT UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT IN THE WEST HALF
OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6th,*PRINCIPAL MERIDIAN,
LARIMER COUNTY, COLORADO
PORTION OF THE
W 112, SECTION 1
T7N, R69W.
BOOK 1597, PAGE 130 & 131.
TRUE POINT
OF BEGINNING
SE. CORNER LOT 13,
BLOCK 5 REPLAT
(NO. 1) OF
EVERGREEN PARK '
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SCALE 1'. 300'
EASEMENT DETAIL
SCALE 1': 100'
75' TEMPORARY
CONSTRUCTION EASEMENT
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REFERENCE LINE
20' PERMANENT
UTILITY EASEMENT
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TARANTO, STANTON & TAGGE
Consulting Engineers
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LEGAL DESCRIPTION - 20' Permanent Utility Easement and 75' Temporary
Construction Easement
Two strips of land in the West Half of Section 1, Township 7 North, Range
69 West of the Sixth Principal Meridian, Larime.r County, Colorado, being
described as follows; A 20 foot wide permanent utility easement lying 10
feet North and 10 feet South of the following described reference line and
a 75 foot wide temporary construction easement lying 50 feet North,an,i 25
feet South of the following described reference line: Beginning at the
Southwesterly corner of the that portion of the West Half of said Section 1
being described in Book 1597, Pages 130 and 131, of the Larimer County
Records, also being the Southeast corner of Lot 13, Block 5 of the Replat
of Evergreen Park according to the recorded plat thereof; thence Northerly
along the common line between said Block 5 and said parcel described in
Book 1597, Pages 130 and 131, North 00°21'48" East, 518.25 feet to the True
Point Of Beginning of said reference line; thence departing said common
line South 89°31'14" East, 713.70 feet to the Easterly line of said parcel
described in Book 1597, Pages 130 and 131, and the point of terminus of
this description ..,The above described permanent utility easement contains
14,300 square feet, more or less, and the above described temporary
construction eg5ement contains 53,500 square feet, more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL •C. CREGGER, do hereby certify that this Plat aAd-: legal
description were prepared by me or under my di rect'supptvis#b ;.and-. are true
and correct to the best of my knowledge. ,i;....
7 9S5
Date MICR EL C. CREGGER
Professional Land Surveyor
Colorado Registration Number 22564
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TARANTO, STANTON & TAGGE
Consulting Engineers
HEET 2 OF 2 SHEETS
RCPTN # 85059532 11/ /85 11:52:55 # OF PAG — 3 FEE — $9.00
J. TJLVANG, RECORDER — LARIMER COUNTY, CO. DOC. FEE— $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, ARCHITE L. WAINWRIGHT, as Legal Owner and JAY KEE JACOBSON, as
Contract Purchaser, on the 1st day of October, 1985, executed a certain Deed
of Easement to the City of Fort Collins for the installation of utilities,
which easement covers land in Larimer County, Colorado, described on Exhibit
"A" attached.
NOW THEREFORE, GRANGE MUTUAL LIFE COMPANY, the holders and owners of a
Deed of Trust recorded in Book 2204 at Page 196 of the Larimer County,
Colorado records, for a valuable consideration, the 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.
STATE OF --Vd /,,O )
)ss
COUNTY OFCU,-4,/o--)
subscribed and s
to before me by
Witness my hand and offici 1 seal.
My Commission expires:
J:
ary Pub 'c
Address:
ft
1�
WAINWRIGHT
PERMANENT UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT IN THE WEST HALF
OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6th.'PRINCIPAL MERIDIAN,
LARIMER COUNTY, COLORADO
PORTION OF THE
W 112, SECTION 1
T7N, R69W.
BOOK 1597, PAGE 130 & 131 .
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_TRUE POINT
OF BEGINNING
SE. CORNER LOT 13,
BLOCK 5 REPLAT
(NO. 1) OF
EVERGREEN PARK '
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SCALE 17. 300'
EASEMENT DETAIL
SCALE 1': 100'
75' TEMPORARY
CONSTRUCTION EASEMENT
REFERENCE LINE
20' PERMANEAIT
UTILITY EASEMENT
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TARANTO, STANTON & TAGGE
Consulting Engineers
m
LEGAL DESCRIPTION - 20' Permanent Utility Easement and 75' Temporary
Construction Easement
Two strips of land in the West Half of Section 1, Township 7 North, Range
69 West of the Sixth Principal Meridian, Larime-r County, Colorado, being
described as follows; A 20 foot wide permanent utility "easement lying 10
feet North and 10 feet South of the following described reference line and
a 75 foot wide temporary construction easement lying 50 feet North,an,: 25
feet South of the following described reference line: Beginning at the
Southwesterly corner of the that portion of the West Half of said Section 1
being described in Book 1597, Pages 130 and 131, of the Larimer County
Records, also being the Southeast corner of Lot 13, Block 5 of the Replat
of Evergreen Park according to the recorded plat thereof; thence Northerly
along the common line between said Block 5 and said parcel described in
Book 1597, Pages 130 and 131, North 00°21'48" East, 518.25 feet to the True
Point Of Beginning of said reference line; thence departing said common
line South 89°31'14" East, 713.70 feet to the Easterly line of said parcel
described in Book 1597, Pages 130 and 131, and the point of terminus of
this description�_'.The above described permanent utility easement contains
14,300 square feet, more or less, and the above described temporary
construction eiSement contains 53,500 square feet, more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL •C. CREGGER, do hereby certify that this plat arid.: legal
description were prepared by me or under my direct'supk W s#b#h;,and-.are true
and correct to the best of my knowledge.
Date MIC EL C. CR GGER
Professional Land Surveyor
Colorado Registration Number 22564
TARANTO, STANTON & TAGGE
Consulting Engineers
SHEET 2 OF 2 SH
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PN # 85052127 10/10/85 10:09:09 # OF PAGES — 3 FEE — $9.00
JLVANG, RECORDER — LARIMER COUNTY, CO. DOC. FEE— $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, LARRY and TERRI E. MICKELSON, on the 12th day of September,
1985, executed a certain Deed of Easement to the City of Fort Collins for the
installation of utilities, which easement covers land in Larimer County,
Colorado, described on Exhibit "A" attached, said easement being recorded on
the 19th day of September, 1985, Reception Number 85047970 of the Larimer
County, Colorado records.
NOW THEREFORE, FIRST INTERSTATE BANK OF LARAMIE, the holders and owners
of a Deed of Trust, reception number 85038551, Larimer County, Colorado
records, for a valuable consideration, the 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.
FIRST INTERSTATE BANK
OF LARAMIE /
By Z/
STATE OF WYOMING) BY A
)ss
COUNTY OF )
Subscribed and sworn to before me by ^ij/�i
Witness my hand and official seal.
My Commission expires:
u: JOLr„ E W Li x Nwi ,e of Notary Public
Address:
.,:. i ., rs Jun 7,3
.._1�>:� : Guest
Exhi_bi t__'L page 1 of 2
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PERMANIFIV 1 U11LI1 Y LASEMENT A1VLJ TEMPORARY
CONSTRUCTION EASEMENT IN THE SOUTHWEST
OUARTER OF THE NORTHWEST QUARTER OF SECTIOA
1, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
Gth PRINCIPAL MERIDIAN,
LARIMER COUNTY, COLORADO
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BOOK 1606,
PAGF 403
•S E'9'31 '14'E
175.00
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N NORTH LltJr TRACT C N
REPLAT (NO. 1)
OF EVRGREEN PARK
W 114 CORNER
SECTION 1
T7N, R69W
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SCALE 1": 100'
EASEMENT DETAIL
N. T. S.
TEMPORARY CONSTRUCTION
EASEMENT
REFERENCE LINE
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20' PERMANENT
UTILITY EASEMENT
TARANTO, STANTON & TAGGE
Consulling Engineers
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Exhibit "A" page 2 of 2
LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent
Utility Easement
Two strips of land in that portion of the Southwest Quarter of the
Northwest Quarter of Section 1, Township 7 North, Range 69 West of the
Sixth Principal Meridian, Larimer County, Colorado described in Book 1606,
Page 403 of the Larimer County records being described as follows: A 20
foot wide permanent utility easement lying 10 feet North and 10 feet South
of the following described reference line and a temporary construction
easement lying 50 feet North of the following described reference line c:)d
being bounded on the South by the South line of said parcel described in
Book 1606, Page 403: Beginning at, the West Quarter corner of said Section
1 and considering the West line of the Northwest Quarter of said Section 1
to bear North 00''21'48" East with all bearings contained herein relative
thereto; thence Northerly along said West line North 00°21'48" East, 338.26
feet; thence departing said West line South 89°31'14" East, 40.00 feet to
the East right-of-way line of North College Avenue and the West line of
said parcel described in Book 1606, Page 403, lying 28.38 feet North of the
Southwest corner of said parcel and the True Point Of Beginning of said
reference line; thence departing said East right-of-way line South
89°31'14" East, 175.00 feet to the East line of said parcel described in
Book 1606, Page 403 lying 28.02. feet North of the Southeast corner of said
parcel and the point of terminus of this description. The above described
permanent utility easement contains 3,500 square feet, more or less, and
the above described temporary construction easement contains 9,300 square
feet, more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this plat and legal
description were prepared by me or under my direct supervision and are true
and correct to the best of my knowledge.
0 a tE-,
MICHAEL C. CREGGER UV
Professional Land Surveyor
Colorado Registration Number 22564
TARANTO, STANTON 5 TAGGE
Consulling Engineers
SHEET 2 OF 2 SHEETS
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EXHIBIT "A" Page 1 of 2 URBOM
1PERMANENT UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT IN LOT 16, BLOCK 3,
REPLAT (NO. 1) OF EVERGREEN PARK,
CITY OF FORT COLLINS,
LARIMER COUNTY, COLORADO
REDCEDAR CIRCLE
LOT 16, BLOCKI3
S 00'21 '4B'N
EXISTING 20' ALLEY
TRUE POINT OF BEGINNING
SE. CORNER
LOT 16, BLOCK 3
I 1
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CONSTRUCTION EASEMENT
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EXHIBIT ."A"
Page 2 of 2
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LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent
Utility Easement
Two strips of land in Lot 16, Block 3, Replat (No. 1) of Evergreen Park
according to the recorded plat thereof, City of Fort Collins, Larimer
County, Colorado being described as follows: A 20 foot wide permanent
utility easement lying 10 feet North and 10 feet South of the following
described reference line and a temporary construction easement lying 50 feet
North of the following described reference line and being bounded on the
South by the South line of said Lot 16: Beginning at the Southeast corner
of said Lot 16 and considering the East line of said Lot 16 to bear North
00°21'48" East with all bearings contained herein relative thereto; thence
Northerly along said East line North 00°21'48" East, 27.00 feet to the True
Point Of Beginning of said reference line; thence departing said East line
North 89031'14" blest, 300.00 feet to the West line of said Lot 16 and the
point of terminus of this description. The above described permanent
utility easement contains 6,000 square feet, more or less, and the above
described temporary construction easement contains 23,100 square feet, more
or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this plat and legal
description were prepared by me or under my direct supervision and are true
and correct to the best of my knowledge.
wee
Date
MICHAEL C. CREGGER
Professional Land Surveyor
Colorado Registration Number 22564
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TARANTO, STANTON & TAGGE
Consulting Engineers
W
TS
STREET SURFACING AGREEMENT
THIS AGREEMENT between the City of Fort Collins,
Colorado (the "City") and Evergreen Park 2, a Colorado
general partnership (the "Partnership") is dated this 19th
day of May, 1977.
1. Recitals. The Partnership is a Colorado general
partnership comprised of D. C. Miller and Company, a
Colorado corporation, and Archie L. Wainwright, a resident
of Denver, Colorado. The Partnership is the owner of the
following described real property located in the City of
Fort Collins, County of Larimer, State of Colorado, which
the Partnership is developing as an industrial park.
Lots 3-12 Block 2
Lots 1-20 Block 3
Lots 1-18 Block 4
Lots 1-13 Block 5
According to the First Replat of Evergreen
Park Subdivision recorded April 16 ,
19 74 , at Book 1597, Page 128 , of the
Records of Larimer County, State of Color-
ado. (Hereinafter called the "Lots".)
Reception No.85405
Miller -Wainwright Associates, a Colorado general partner-
ship, comprised of Mr. Wainwright and Douglas C. Miller,
President of D. C. Miller and Company, is the owner of
Lots 1 and 2 of Block 2 of said subdivision. An office
building has been constructed on Lots 1 and 2 of Block 2,
a warehouse has been constructed on a portion of Block 3
and an office building is under construction on Lots 3 and
4 of Block 2 of such subdivision. The Partnership, as de-
veloper, now desires to surface the following streets de-
pi r-teca upon ;uch First Replat in accordance with the
subdivision ordinances of the City:
Willox Lane through the intersection
of Blue Spruce Drive.
Blue Spruce Drive to the intersec-
tion of Conifer Street.
Bristlecone Drive
Red Cedar Circle
(Hereinafter called the "Streets"
Because the additional buildings to be completed on the
Lots have not yet been planned and the utility location
and requirements therefor cannot now be ascertained, the
Partnership will be required to cut the Streets at a
later date to tap into the utility lines located under the
Streets. The City has agreed to allow surfacing of the
Streets despite the future requirement for cuts to tap
utilities and has agreed to allow such cuts subject to
the following terms and conditions. Accordingly, the
parties agree as follows.
2. Surfacing of Streets. The City agrees to permit
the Partnership to promptly commence and complete surfacing
of the Streets in accordance with the specifications of the
City Engineering Department and the City's Subdivision Or-
dinances. The City agrees to accept dedication of the
Streets, notwithstanding the anticipated need for future
cuts to tap utilities for service of buildings to be con-
structed on the Lots, upon inspection of the Streets and
confirmation that the Streets otherwise conform to the
requirements of the City Engineering Department and Sub-
division Ordinances.
3. Future Cuts of Surfaced Streets. The City agrees
to permit the Partnership to cut the Streets to tap into
utilities underlying the Streets for buildings to be com-
pleted upon the Lots, provided that the cuts are filled,
compacted and resurfaced to the original specifications re-
quired by the City for the Streets.
4. Partnership's Obligations Regarding Cuts. The
Partnership agrees to maintain the surface and subsurface
of any cuts ma.dc by 1.t IJ n 4--h-c St- _c 'a ep 1%
a.i .. u�lu v r uir uIl
damage to such cuts immediately upon demand by the City un-
til the sooner of (a) ten years after completion of the
Streets, or (b) resurfacing of the Streets by the City.
5. Sharing of Resurfacing Costs. The Partnership and
the City have agreed that the normal surface life for the
-2-
Streets when accepted by the City should be ten years from
the date of completion of surfacing and such acceptance.
The City is concerned that cuts in the Streets may decrease
such normal surface life. The surface is guaranteed to the
City by the surfacing contractor for one year after com-
pletion and that guarantee is bounded. The Partnership and
the City agree to share the cost of resurfacing of the
Streets if, in the sole discretion of the City, resurfacing
is required after one year and prior to ten years from the
date of completion of intitial surfacing of the Streets and
acceptance by the City in accordance with the following
percentages of actual cost to the City of resurfacing.
TIME
ELAPSED FROM
INITIAL COMPLETION
CITY'S
PARTNERSHIP'S
AND
ACCEPTANCE
PERCENTAGE SHARE
PERCENTAGE SHARE
yrs/mos
thru yrs/mos
2 - 0
2 - 6
20
80
2 - 6
3 - 0
25
75
3 - 0
3 - 6
30
70
3 - 6
4 - 0
35
65
4 - 0
4 - 6
40
60
4 - 6
5 - 0
45
55
5 - 0
5 - 6
50
50
5 - 6
6 - 0
55
45
6 - 0
6 - 6
60
40
6 - 6
7 - 0
65
35
7 - 0
7 - 6
70
30
7 - 6
8 0
75
25
8 - 0
8 - 6
80
20
8 - 6
9 - 0
85
15
9 - 0
9 - 6
90
10
9 - 6
10 - 0
95
5
10 - 0
thereafter
100
0
6. Certificates of Occupancy. Provided that all other
requirements have been satisfied, the City shall not with-
hold final certificates of occupancy for buildings constructed
on the Lots solely because utility taps for other buildings to
be completed thereafter have not been made.
-3-
7. Miscellaneous. All demands or notices required
or contemplated hereunder shall be in writing sent by
certified or registered mail addressed to the following:
If intended for the City to:
City of Fort Collins
ATTN: City Manager
If intended for the Partnership to:
Evergreen Park 2
c/o D. C. Miller and Company
2001 East Easter Avenue
P. O. Box 2180
Littleton, Colorado 80161
With copy to:
Brian D. Fitzgerald, Esq.
690 Continental National
Bank Building
3333 South Bannock Street
Englewood, Colorado 80110
(except that any party may from time to time give notice
changing his address for that purpose) and shall be effec-
tive on the date set forth on the receipt of registered or
certified mail. This Agreement: (a) contains the entire
agreement among the parties as to the subject matter hereof,
(b) may not be amended nor may any rights hereunder be
waived except by an instrument in writing signed by the
party sought to be charged with such amendment or waiver,
(c) shall be construed in accordance with, and governed by,
the laws of Colorado, and (d) shall be binding upon and shall
inure to the benefit of the parties and their respective
representatives and assigns.
IN WITNESS WHEREOF the parties hereto have executed
this Agreement as of the day and year first above written.
EXECUTED as of the day and year first above written.
CITY OF FORT COLLINS EVERGREEN PARK 2
by D. C. Miller and Company,
General Partner
B ukJl � -$Y�-
City Manager Doug asC- Miller,. President
i
By �� �' By
CTE�gineer Archie L. W in right
General Partner
-4-
IN THE DISTRICT COURT IN AND FOR THE
CITY AND COUNTY OF DENVER
STATE OF COLORADO
Civil Action No. C68812 , Courtroom 7
In the Matter of the Application of AMFAC )
Mortgage Corporation, for and Order Autho-
rizing the Public Trustee of the County ) NOTICE
of Larimer, State of Colorado, to sell )
certain Real Estate under a power of Sale )
contained in a Deed of Trust. )
TAKE NOTICE THAT YOU MAY BE AFFECTED BY THE FORE-
CLOSURE OF A DEED OF TRUST ON THE REAL PROPERTY DESCRIBED
BELOW.
Notice is hereby given that Applicant, AMFAC Mortgage
Corporation has filed a Motion with this Court authorizing a
Public Trustee's Sale under a power of sale contained in that
certain Deed of Trust executed by Evergreen Park, a joint ven-
ture, to the Public Trustee to secure a Promissory Note of even
date therewith in the original principal sum of $550,000.00
which Deed of Trust is dated June 12, 1974, and recorded June
14, 1974, in Book 1605 at Page 0834 of the Records of the Clerk
and Recorder of the County of Larimer, State of Colorado.
The motion claims that Applicant is the holder.and
owner of said Promissory Note and Deed of Trust and has a right
to foreclose because the covenants of the Deed of Trust have been
violated in that there has been a default in the amount of prin-
cipal and interest installments and other payments required by said
Deed of Trust.
The description of the property to be sold is set forth
in Exhibit "l" attached hereto.
If you dispute the default or other facts claimed by
Applicant to justify this foreclosure, or if you are entitled to
protection against this foreclosure under the Soldiers' and
Sailors' Civil Relief Act of 1940, as amended, you must make a
written response to the motion, stating under oath the facts upon
COPY
AH'LYr,Qy
which you rely and attaching copies of all documents which sup-
port your position. This response must be filed with the Clerk of
this Court, at City and County Building, 1437 Bannock Street,
Denver, Colorado, not later that January 16, 1977, and a copy of
the response together with copies of all documents which support
your position must also be mailed or delivered by the same date to
Michael T. Vaggalis, Esq., 1700 Broadway, Suite 702, Denver,
Colorado 80290.
The time for Hearing on said Motion has, by Order of
this Court, been fixed at 8:30 o'clock A. M., on the 21st day
of January, 11977, in Courtroom 7 of the above -designated Court
at Denver, Colorado.
IF NO RESPONSE IS FILED BY JANUARY 16,1977, THE COURT
MAY WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC
TRUSTEE'S SALE WITHOUT FURTHER NOTICE.
(SEAL)
DATED at Denver, Colorado, this 27th day of December, 1976.
James D. Thomas
CLERK OF THE DISTRICT COURT
By
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- 2 -
EXHIBIT "1"
All of Block 1, Replat No. 1 of Evergreen Park a
subdivision .in the City of Fort Collins, County
of Larimer, State of Colorado, Except:
A tract of land in the northwest quarter of Section 1, Township 7
North, Range 69 West, 6th P.M., being a part of Block 1, Replat
(No. 1) of Evergreen Park, City of Fort Collins, County of Larimer,
State of Colorado, more particulary described as follows:
Commencing at the northwest corner of said Section 1:
Thence South along the westerly line of said Section 1, 597.00 feet,
said line also being the centerline of North College Avenue;
Thence East a distance of 50.00 feet to a point on the easterly
right-of-way line of North College Avenue, said point being the TRUE
POINT OF BEGINNING;
Thence continuing East a distance of 261.95 feet;
Thence South a distance of 692.43 feet to the northerly right-of-way
line of Bristlecone Drive;
Thence West a distance of 246.95 feet to a tangent curve having a
radius of 15.00 feet;
Thence along said curve to the right through a central angle of
901 00'00" an arc distance of 23.56 feet to a point on the easterly
right-of-way line of North College Avenue and a point of tangency;
Thence North along said right-of-way line a distance of 677.43 feet
to the TRUE :POINT OF BEGINNING.
Containing in all 4.163 acres, more or less, subject to all easements,
roads and rights -of -way existing or of record.
RCPTN # 85056453 ll/L '85 14:09:31 # OF PAGE._ — 3 FEE - $9.00
J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, RICHARD D. URBOM and BARBARA J. URBOM, on the 3rd day of
September, 1985, executed a certain Deed of Easement to the City of Fort
Collins for the installation of utilities, which easement covers land in
Larimer County, Colorado, described on Exhibit "A" attached, said easement
being recorded on the 13th day of September, 1985, Reception Number 85046722
of the Larimer County, Colorado records.
NOW THEREFORE, UNITED BANK OF FORT COLLINS NATIONAL ASSOCIATION, the
holders and owners of a Deed of Trust recorded in Book 2.190 at Page 987 of the
Larimer County, Colorado records, for a valuable consideration, the 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.
UNITED BANK
it
By
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SCharles P. Monaghan
STATE OF COLORADO
Senior Vice President
)ss
COUNTY OF LARIMER)
Subscribed and sworn to before me by Charles P. Monaghan, Senior
Vice President of United Bank of Fort Collins National Association
Witness my hand and official seal.
My Commission expires: 4-4-89
Notary Public
Address: 401 South College Avenue
Fort Collins, Colorado 80524
f- LAMID11 A raye i vi c-•���1•1
PLRMANENT UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT IN LOT 16, BLOCK 3,
REPLA T (NO. 1) OF EVERGREEN PARK,
CITY OF FORT COLLINS,
LARIMER COUNTY, COLORADO
REDCEDAR CIRCLE
TRUE POINT OF BEGINNING
N 00'21 '48'E
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SE. CORNER
LOT 16, BLOCK 3
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Consulting Engineers
SHEET 1 OF 2 SHEETS
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EXHIBIT ."A"
Page 2 of 2
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LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent
Utility Easement
Two strips of land in Lot 16, Block 3, Replat (No. 1) of Evergreen Park
according to the recorded plat thereof, City of Fort Collins, Larimer
County, Colorado being described as follows: A 20 foot wide permanent
utility easement lying 10 feet North and 10 feet South of the following
described reference line and a temporary construction easement lying 50 feet
North of the following described reference line and being bounded on the
South by the South line of said Lot 16: Beginning at the Southeast corner
of said Lot 16 and considering the East line of said Lot 16 to bear North
00°21'48" East with all bearings contained herein relative thereto; thence
Northerly along said East line North 00°21'48" East, 27.00 feet to the True
Point Of Beginning of said reference line; thence departing said East line
North 89031'14" West, 300.00 feet to the West line of said Lot 16 and the
point of terminus of this description. The above described permanent
utility easement contains 6,000 square feet, more or less, and the above
described temporary construction easement contains 23,100 square feet, more
or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this plat and legal
description were prepared by me or under my direct supervision and are true
and correct to the best of my knowledge.
Date MICHAEL C. CREGGER
Professional Land Surveyor
Colorado Registration Number 22564
QP*a BEG
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22564
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TARANTO, STANTON & TAGGE
Consulting Engineers
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RCPTN # 85056452 11/04 3 14:09:19 # OF PAGES 3
J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE -
CONSENT AND SUBORDINATION AGREEMENT
FEE - $9.00
8.00
WHEREAS, RICHARD D. URBOM and BARBARA J. URBOM, on the 3rd day of
September, 1985, executed a certain Deed of Easement to the City of Fort
Collins for the installation of utilities, which easement covers land in
Larimer County, Colorado, described on Exhibit "A" attached, said easement
being recorded on the 13th day of September, 1985, Reception Number 85046722
of the Larimer County, Colorado records.
NOW THEREFORE, UNITED BANK OF FORT COLLINS NATIONAL ASSOCIATION, the
holders and owners of a Deed of Trust recorded in Book 1996 at Page 652 of the
Larimer County, Colorado records, for a valuable consideration, the 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.
UNITED BANK
Y �I ,
B
Charles P. Monaghan, PSenir resident
STATE OF COLORADO)
)ss
COUNTY OF LARIMER)
Subscribed and sworn to before me by Charles P. M
Vice President of United Bank of Fort Collins National
Witness my hand and official seal.
My Commission expires: 4-4-89
Notary Public
Address: 401 South College Avenue
Fort Collins, colorado 80524
r EXHIBIT "A" Page I of 2 URBOM
y PERMANENT UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT IN LOT 16, BLOCK 3,
REPLA T (NO. 1) OF EVERGREEN PARK,
CITY OF FORT COLLINS,
LARIMER COUNTY, COLORADO
REDCEDAR CIRCLE
LOT 16, BLOCK I3
S 00 2S '49'N
EXISTING 20' ALLEY
TARANTO, STANTON & TAGGE
Consulting Engineers
TRUE POINT OF BEGINNING
SE. CORNER
LOT 16, BLOCK 3
TEMPORARY
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ILITY EASEME
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VARIES
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SCALE 1" 40'
SHEET 1 OF 2 SHEETS
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EXHIBIT ."A"
Page 2 of 2
LEGAL DESCRIPTION - Temporary Construction Easement and 20' Permanent
Utility Easement
Two strips of land in Lot 16, Block 3, Replat (No. 1) of Evergreen Park
according to the recorded plat thereof, City of Fort Collins, Larimer
County, Colorado being described as follows: A 20 foot wide permanent
utility easement lying 10 feet North and 10 feet South of the following
described reference line and a temporary construction easement lying 50 feet
North of the following described reference line and being bounded on the
South by the South line of said Lot 16: Beginning at the Southeast corner
of said Lot 16 and considering the East line of said Lot 16 to bear North
00°21'48" East with all bearings contained herein relative thereto; thence
Northerly along said East line North 00°21'48" East, 27.00 feet to the True
Point Of Beginning of said reference line; thence departing said East line
North 89°31'14" blest, 300.00 feet to the West line of said Lot 16 and the
point of terminus of this description. The above described permanent
utility easement contains 6,000 square feet, more or less, and the above
described temporary construction easement contains 23,100 square feet, more
or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this plat and legal
description were prepared by me or under my direct supervision and are true
and correct to the best of my knowledge.
to Q8�
Date
MICHAEL C. CREGGER
Professional Land Surveyor
Colorado Registration Number 22564
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22564 "
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TARANTO, STANTON i4 TAGGE
Consulting Engineers
SHE T - 2_ OF _2 SHEETS