HomeMy WebLinkAboutSOUTH TIMBERLINE ROAD AND EAST DRAKE ROAD INTERIM ROAD IMPROVEMENTS - Filed OA-OTHER AGREEMENTS - 2004-11-19RCPTN # 98113143 12/24/98 10:13:00 # PAGES - 3 FEE -
M NBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $16.00
$.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, KENNETH G. CONLEY, on the 26th day of May, 1998, agreed to execute
a certain Deed of Utility and Slope Easement to the City of Fort Collins for the installation of
utilities including all underground and surface appurtenances thereto, and to improve and
maintain a suitable slope or grade, which easement covers land in Larimer County, Colorado,
described on Exhibit "A" attached hereto and incorporated herein by this reference.
NOW THEREFORE, GE CAPITAL MORTGAGE SERVICES, INC., the holders and
owners of a Deed of Trust by assignment from EMPIRE OF AMERICA REALTY CREDIT
CORP, said assignment being recorded on December 27, 1994 in Larimer County, Colorado
records, at Reception No. 9410120 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
GE CAPITA ORTGAGE SERVICEINC
Title: /&.A&41
STATE OF / )
COUNTY O
he fA oing instrument was acknowledged before me this/day o , /, `, 1ga
by��
Witness my hand and offic I seal.
My Commission expires:
4taPublic
.
_ ElL—u CCNRAD
J > _ CtaryPL`on-77915?S
z �-iti - Nctary Puc -
Scn Bern -fco Coun- f
CITY OF FuRT COLLINS � M. Y"resA'02
DtiP�N # 98108889 12/10/98 16:17:00 # PAGES - 4 FEE -
M RODENBERGER RECORDER, LARTMER COUNTY CO STATE DOC FEE -
$21.00
$.00
ATTN: Co lance Dept.
Aurora L n Services Inc.
601 F)fth Avenue / P.O. Box 1706
Sc9tisbluff, NE 69361
ALS Loan No. 766896-5
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT is executed as of the 9th day of November 1998, by Aurora Loan
Services Inc., ("Lender").
RECITALS
A. On October 15, 1997, James L. Lich] and Pamela S. Liebl ("Borrower") executed a first lien Deed
of Trust, which was recorded in the real property records of Larimer County, Colorado, on
October 24, 1997 at Reception No. 97069837 (the "Mortgage"). The Deed of Trust secures
repayment of a certain promissory note in the principal amount of $162,000,00, executed by
Borrower in favor of Lender, dated October 15, 1997.
B. The Mortgage encumbers certain real property owned by Borrower, as more particularly described
on Exhibit "A" hereto and incorporated herein by this reference (the "Property").
C. On April 8, 1998, the Borrower has agreed to execute a certain Deed of Utility and Slope
Easement to the City of Fort Collins for the installation of an underground telephone line, an
overhead electrical lien and a meter box including all underground and surface appurtenances
thereto and to improve and maintain a suitable slope or grade, which easement covers land in
Larimer County, Colorado, described on Exhibit "B" attached, and recorded in the Larimer
County, Colorado records on April 15, 1998 at Reception No. 98030621.
D. The City of Fort Collins, the Beneficiary of the easement, and Borrower have requested that the
Lender consent to the easement and subordinate the lien of the Deed of Trust to the easement.
AGREEMENT
NOW, THEREFORE, the Lender does hereby covenant and agree as follows:
1. Lender hereby consents to the execution and recording of the easement against the easement
parcel and does hereby agree that the lien of the Deed of Trust upon the Property shall
hereafter be subordinate to the easement.
2. The foregoing subordination shall apply only to the easement and shall not apply or inure to
the benefit of any other claim, title or interest in or to the Property, any portion thereof or any
interest in or to the Property, any portion thereof or any interest therein. The Deed of Trust
shall remain a first priority lien against the Property.
IN WITNESS WHEREOF, Lender has executed this Subordination Agreement as of the date first above
written.
AURORA LOAN SERVICES INC.
SEAL 1Ltcuce/o
1997�;niceL. Walsh
z Astistant Vice President
STATE OF NEBRASKA )
) SS.
COUNTY OF SCOTTS BLUFF )
The foregoing instrument was acknowledged before me this 91" day of November, 1998, by Janice L.
Walsh as Assistant Vice President of Aurora Loan Services Inc.
Witness my hand and official seal.
My commission expires:_ '7- 1'7 -.;�00.;�
P
BEMBIC MOiARYA S d IVe6raL
GIERYLA 6PlJCNAL
W COW Eq. Jay 17, 2002
Notary Public
CITY OF FORT COLLINS -R��'
RCPTN # 98046711, 06/05/98 12:59:00 # PAGES — 3 FEE — $16.00
M RODF^1P,FP,GEP RECORDER, LAP.?MEP COUNTY C' STATE DOC FEE — $ . 00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, JAMES R. ANDERSON and DEBRA L. ANDERSON, on the 7th day
of January, 1998, executed a certain Deed of Utility and Slope 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, and recorded in the Larimer County, Colorado
records on January 28, 1998, at Reception No. 98005915.
NOW THEREFORE, NICHOLAS G. CAREY and JESSIE M. CAREY, the holders
and owners of a Deed of Trust recorded in Larimer County, Colorado records, on October
5, 1995 at reception No. 95062402, 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.
Lzdl v;
G. Carey
By: dz& ,
J sie M. Carey
STATE OF COLORADO )
) ss
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this day of
1W , by Nicholas G. Carey and Jessie M. Carey as Grantors. 7
Witness my hand and official seal.
My Commission expires: Mr Comm,csmr. r rc ,. 2, 1999
Notary ublic
CITY OF FORT COLLINS
CAM D11 „ rage 1 of
NW COP.
8-6-68 A N D E R S O N
LOCATION SKETGrt
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PERMANENT
UTIL. E5M'T.
4156 50. FT.
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APRIL ZZ. 1997
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THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
TEMP. CON5T. ESM'T.
4159 5Q. FT.
f_ - _ - - - - - - -
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N89 °43'28'E
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EXHIBIT "A" Page 2 of
�/1�DESCRIPTION OF THE ANDERSON PERMANENT UTILITY EASEMENT
A Permanent Utility Easement located in the Northwest quarter of
Section 8, Township 6 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, Colorado, the said Permanent Utility
Easement is also a portion of that certain tract of land described
in a Warranty Deed recorded October 5, 1995 at Reception No.
95062401, records of the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
Commencing at the northwest corner of the said Section 8;
THENCE along the west line of the said northwest quarter,
South 00 degrees 01 minutes 58 seconds West for a distance of
584.45 feet to the westerly prolongation of the north line of the
said tract described a',: Reception No. 95062401;
THENCE along the said westerly prolongation, North 89 degrees
40 minutes 18 seconds East for a distance of 30.00 feet to the
northwest corner of the said tract described at Reception No.
95062401 and to the TRUE POINT OF BEGINNING of this description;
THENCE along the west line of the said tract described at
Reception No. 95062401, South 00 degrees 01 minutes 58 seconds West
for a distance of 277.26 feet to the south line of the said tract
described at Reception No. 95062401;
THENCE along the said south line, North 89 degrees 43 minutes
28 seconds East for a distance of 15.00 feet to a line which is
15.00 feet (measured at right angles) east of and parallel with the
said west line;
THENCE along the said parallel line, North 00 degrees of
minutes 58 seconds East for a distance of 277.27 feet to the said
north line of the tract described at Reception No. 95062401;
THENCE along the said north line, South 89 degrees 40 minutes
18 seconds West for a distance of 15.00 feet to the point of
beginning. Containing 4158 square feet more or less.
The above described easement is subject to all easements and righi-s
ct ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and no,." upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
RCPTN # 98029219 04, 3/98 09:59:00 # PAGES 3 FEE - $16.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, KURT W. METCALF and CHARLOTTE M. METCALF, on the 21st day
of January, 1998, executed a certain Deed of Utility and Slope Easement to the City of Fort
Collins for the installation of utilities including all underground and surface appurtenance
thereto and to improve and maintain a suitable slope or grade, which easement covers land
in Larimer County, Colorado, described on Exhibit "A' attached, and recorded in the Larimer
County, Colorado records on February 10, 1998, Reception No. 98009573.
NOW THEREFORE, NORWEST BANK COLORADO, N.A., the holders and owners
of a Deed of Trust recorded on April 10, 1997 in the Larimer County, Colorado records, at
Reception No. 97022098, 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
NORWES BANK COLORADO, N.A.
By:
STATE OF COLORADO)
) ss
COUNTY OF LARIMER )
T.h foregoi p i strument ae azkna0Wged before
1998, by ,/ 5 /1 - as c S "fat-01- of Norwes
Witness my hand an offici seal.
My Commission expi
Notary Public
CITY OF FORT COLL
INS
t
me this r= day of
Bank Colorado, N.A.
D1
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NTS
APRL 22. 1997
I
PERMANENT
UTq.. AND
SLOPS ESM'T.
2806 5Q. f'T.
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5-6-68
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EXHIBIT "A"
METGALF
LOCATION 5KFTGf l
N89 °32'10"E
30.00'
Page 1 of S
THI5 SKETCH AND THE AREAS
5HOWN DV'oGT THE ATTACHED
"OrrKTT DE500MON ONLY,
AND DO NOT RErKEMNT A
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EXHIRTT "A"
Page 2 of 2
DESCRIPTION OF THE METCALF PERMANENT UTILITY AND SLOPE EASEMENT
A Permanent Utility and sloe Easement located in the Southwest
Quarter of Section 5, Township 6 North, Range 68 West of the Sixth
Principal Meridian, Larimer County, Colorado, the said Permanent
Utility and Slope Easement is also a portion of that certain tract
of land described in a Quit Claim Deed recorded November 7, 1995 at
Reception No. 95070293, records of the Clerk and Recorder of the
said Larimer County, more particularly described as follows;
Commencing at the southwest corner of the said Section 5;
THENCE along the west line of the said southwest quarter,
North 00 degrees 10 minutes 00 seconds West for a distance of
500.00 feet to the south line of the said tract described at
Reception No. 95070293;
THENCE along the said south line, North 89 degrees 32 minutes
10 seconds East for a distance of 30.00 feet to the existing east
right of way of South Timberline Road and to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said south line, North 89 degrees
32 minutes 10 seconds East for a distance of 15.00 feet to a line
which is 15.00 feet (measured at right angles) east of and parallel
with the said east right of way of South Timberline Road;
THENCE along the said parallel line, North 00 degrees 10
minutes 00 seconds West for a distance of 187.07 feet to the north
line of the said tract described at Reception No. 95070293;
THENCE along the said north line, South 89 degrees 32 minutes
10 seconds West for a distance of 15.00 feet to the said existing
east right of way of South Timberline Road;
THENCE along the said right of way, South 00 degrees 10
minutes 00 seconds East for a distance of 187.07 feet to the point
of beginning. Containing 2806 square feet more or less.
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 60522