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HomeMy WebLinkAboutGOODWILL INDUSTRIES OF DENVER - Filed RD-ROW DEDICATION - 2007-11-28DEED OF DEDICATION FOR RIGHT-OF-WAY 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 Latimer 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, for public use forever a permanent right-of- way for public street purposes in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (Pavilion Lane Right of Way Dedication"). 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 right-of-way until permanent improvements have been made and accepted by the City. DATED this 7`h day of June, 2006. Grantor: FC Timberline Development LLC, a Colorado limited liability company Charles P. Woods, Manager STATE OF COL RADO ) CO 04 The foregoing instrument was acknowledged before me this Z,2ay 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. Ivjy commission expir s:,„%Q—�Q %0 {00000418 / 3 )5.23.06 _= Q t�pTA,pY Z N� �°iIBLtG p- 0 11IC��OPP``, 5/17/2005 Pavilion Lane Right of Way Dedication Exhibit C A parcel of land located in the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6t1i P.M., County of Larimer, 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: Commencing at the Southeast corner of Fort Collins Retail Center; Thence North 00°07'01" West, along the east line of said Fort Collins Retail Center, a distance of 60.02 feet to the north line of Pavilion Lane, the beginning of a non -tangent curve to the left and the Point of Beginning; Thence along the north line of Pavilion Lane, 109.38 feet along the are of said curve having a radius of 270.00 feet, a central angle of 23°12'43", and being sub -tended by a chord which bears North 78°30'57" West, 108.64 feet; Thence North 89'52'42" East, a distance of 106.42 feet to the east line of said Fort Collins Retail Center, Thence South 00°07'01" East, along the east line of said Fort Collins Retail Center, a distance of 21.86 feet to the Point of Beginning. County of Larimer, State of Colorado. The above described parcel contains a gross area of 762 square feet (0.017 acres), more or less. Basis of Bearings: South 89053'00" 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 %2" aluminum cap, marked "Drexel Barrel & Co.", L.S. illegible in a monument box, and by a 2 %2" aluminum cap, L.S. 14823 in a monument box. For and on behalf of Nolte Associates, Inc. 4C Laine A. Landau, Colorado P.L. ` '~ 1901 Sharp Point Drive, Suite AX Fort Collins, Colorado 80525 c: 31159 970.221.2400 N:\£CB01241DocumentslSURVEYV-ep_DesaiptionslET-DED-N.doc Page 1 of2 1 1 z , 0 0 1 oN N W w 1 11132 3 VI J C) 0 az' 00. a❑ Z J N ajn � a I 3 0 0 I O U L z w U ,98'LZ ZO' M„LO,L oOp J N z I Z II S U z O LLJ 3 j Z O > Q Q J n oz z Fz z? oW �- m J 0 w R n U C a Z 10� 2I3 N30 d0 S31N1S(IONI llIM0000 03SOd08d u Ld WLd w P Z <o JU I z Z > > Z 70 O W i ¢ . >m U Q ick ao W Z U W O U J >. m z _ 0- x S CV 0 a W Z W Qz : 0 � T= w < '0< o W LLI U 2 of- W 1-- Fa fn ¢ S -JX ZZ O � J J > w �< 3a 21 Q < O Q o (� w a ADDENDUM CONSENT AND JOINDER The undersigned, Wells Fargo Bank, N.A. (fWa Wells Fargo Bank Minnesota, N.A.),Trustee under a Pooling and Servicing Agreement dated as of April 1, 2001, for the certificate holders of GMAC Commercial Mortgage Securities Mortgage Pass -Through Certificates, Series 2001-Cl by and through GMAC Commercial Mortgage Corporation, Master Servicer, hereby consents to and joins in the execution of the within and foregoing Grant of Deed of Dedication for Right -Of -Way between GS 92-2 Pavilion LLC and City of Fort Collins ("DEED OF DEDICATION FOR THE RIGHT-OF-WAY"), by virtue of their rights and interests set forth in that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing. This 24day of Nn ! 2006. Signed, sealed and delivered in the presence of Wells Fargo Bank, N.A. (f4da Wells Fargo Bank Minnesota, N.A.),Trustee under a Pooling and Servicing Agreement dated as of April 1, 2001, for the certificate holders of GMAC Commercial Mortgage Securities Mortgage Pass -Through Certificates, Series 2001-Cl By: GMAC Commercial Mortgage Corporation, its Maaster Servicer � ^ ame: J1Ln�/LIA�AN}�M.. RRRITRN Title: VICE PRESIDENT ACKNOWLEDGEMENT: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF MONTGOMERY ) On the 2- 4 day of PrPn 1 .2006, before me, a Notary Public in and for the said State, the personally appeared _all IAV% M , C r. fl �l 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 WitnesspWher*f, I have hereunto set my hand and official seal. MMONWEALTH OF PENNSYLVANIA Notarial Seal Jean Reese, Notary Public Horsham TWp., Montgomery County My Commission Expires Jan, 12, 2010 Member, ParmsyNe04 Ass"kik n of Notads. STATE OF COLORADO ) COUNTY The foregoing instrument was acknowledged before me thiA 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. My co [ mission expires: 11 2 MELANIE A. CARLSON ota Public NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03117/20013 {00000418 / 315.23.06 2 Accepted by the City of Fort Collins on the day of 2006. City Clerk ATTORNEY'S CERTIFICATION I hereby certify that the foregoing Deed of 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 Deed 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. �C�-re.0 � l/�-s�u�✓i� Lance P. Vanzant Cl Address: 303 E. 17a' Avenue Suite 200 Denver, CO 80203 Registration No: 10736 5/23/2005 Pavilion Lane Right of Way Dedication Exhibit A A parcel of land located in the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 61" P.M., County of Larimer, State of Colorado, said parcel being a portion of that property described in document recorded as Reception No. 97074166 and being more particularly described as follows: Commencing at the Southeast comer 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, 50.52 feet along the arc of said curve having a radius of 216.00 feet, a central angle of 13°24'07", and being subtended by a chord which bears North 69°19'21" West, 50.41' to the Point of Beginning; Thence North 89154' 16" West, a distance of 32.77 feet; Thence North 64054'59" West, a distance of 15.03 feet to the south line of said Fort Collins Retail Center and the beginning of a non -tangent curve to the right; Thence along the south line of said Fort Collins Retail Center, 46.91 feet along the arc of a said curve having a radius of 216.00 feet, a central angle of 12°26'31", and being sub -tended by a chord which bears South 82°14'40" East, a distance of 46.81 feet to the Point of Beginning. County of Larimer, State of Colorado. The above described parcel contains a gross area of 145 square feet (0.003 acres), more or less. Basis of Bearings: South 89°53'00" 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 corner by a 2 %2" aluminum cap, marked "Drexel Barrel & Co.", L.S. illegible in a monument box, and by a 2 %2" aluminum cap, L.S. 14823 in a monument box. For and on behalf of Nolte Associates, Inc. Laine A. Landau, Colorado P.L.S. 31150-:. 1901 Sharp Point Drive, Suite A i 31159 Fort Collins, Colorado 80525 970.221.2400;� N:\FCB0124\Documents\SURVEY\Legal Desccriptions\ET-DED-S.doc Page 1 of 2 w U O _Z FZ Z Z 0 U d W m t ;n e z z Z 101 2J3AN30 d0 SlHis GM 7IM0000 03SOdONd N I� N M n N Z CV 1 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 Deed of Dedication for Right -of -Way between PC Timberline Development LLC, a Colorado limited liability company ("Grantor") and City of Fort Collins, Colorado, a municipal 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 PC 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. This / day of August, 2006. Signed, sealed and delivered in the presence of: �Vitne -�- 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 S� By: Name: Gary A. Routzahn Title: Vice President, Manager PHLLI8-938210.1.APA U W17M6 10:05 AM ACKNOWLEDGEMENT: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF �M�ONTGOMERY )ss J On the / / day of August 2006, before me, a Notary Public in and for the said State, the personally appeared Gary A. Routzahn, personally ]mown 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 Witnessof, I hav�fiereunto set my hand and official seal. Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jean Reese, Notary Public Horsham Twp., Montgomery County My Commission Expires Jan. 12. 2010 Member, Pennsylvania Association of Notaries DEED OF DEDICATION FOR RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS: That the undersigned GS 92-2 Pavilion LLC, a Colorado limited liability company, whose address is 233 Milwaukee Street, Denver, Colorado 80206, being the owner of certain real property in Larimer County, Colorado legally described at Reception No.`L3 C, t,4 .3 y / in the Larimer County Records, 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, for public use forever a permanent right-of-way for public street purposes in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "C" attached hereto and by this reference made a part hereof ("Pavilion Lane Right of Way Dedication"). 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 right-of-way until permanent improvements have been made and accepted by the City. DATED this 2Z day of 2006. Grantor: GS 92-2 Pavilion LLC, a Colorado limited liability company By: _ Name: Title: STATE OF COLORADO ) COUNTY OF ,l �c! /o. LLC The foregoing instrument was acknowledged before e this � day of r• 2006.s G , by T ayrf--t— as +A+nf_of' GS 92-2 Pavilion LLC, a Colorado limited liability company, Grantor. Witness my hand and official seal. My commission expires: Y4210,w ., P R y % Notary Public 'O U; Q �qTE OF GOy (00000433 ) 11 Accepted by the City of Fort Collins on the day of 2005. City Clerk ATTORNEYS CERTIFICATION I hereby certify that the foregoing Deed of Dedication for 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 Deed 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. ee, Attorney 3 ;,:,I / 7 n J)O-ec;,, -G. f c y {�1e� Address: Registration No.: (00000433/1) 2