HomeMy WebLinkAboutMASON STREET NORTH - Filed ED-EASEMENT DEDICATION - 2005-08-03ORDINANCE NO. 020, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO QUIT CLAIM
APPROXIMATELY 2,198 SQUARE FEET OF LEE MARTINEZ PARK TO
WONDERLAND HILL DEVELOPMENT COMPANY FOR ADJACENT PARKING AND
AUTHORIZING THE ACCEPTANCE OF DEEDS CONVEYING PROPERTY
ALONG THE SOUTH BOUNDARY OF THE PARK
WHEREAS, the City of Fort Collins is the owner of that certain real property located in Fort
Collins, Larimer County, Colorado, and known as Lee Martinez Park (the "Park"), which is adjacent
to Martinez Park P.U.D. (the "Development'), an approved commercial development; and
WHEREAS, the developer of the Development has recently proposed, and the Planning and
Zoning Board has approved, an amendment to the development plan for the Development, which
enhances the aesthetics and pedestrian friendliness of the Development; and
WHEREAS, the developer has worked with City staff to reconfigure the parking previously
approved for the Development to accommodate the amended plan in such a manner as to provide
as part of the Development public parking desired for users of the Park; and
WHEREAS, the layout of a portion of the proposed parking preferred by City staff
encroaches on an area of the Park of approximately 2,198 square feet in size, which area is more
particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the
'Property"); and
WHEREAS, City staff has determined that the conveyance of the Property to the developer
will not be detrimental to the City, and will instead benefit the City by allowing for parking to be
available for the public in a location preferred by City staff; and
WHEREAS, due to the benefits to be experienced by the City and the general public as a
result of the proposed conveyance and development of additional parking, City staff has
recommended that no compensation be required in connection with the conveyance of the Property
for Martinez Park P.U.D.; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or other disposition of real property owned by the City is in the best
interest of the City of Fort Collins; and
WHEREAS, City staff has further determined that a minor modification to the property
boundary along individual residential Lots 1 through 10 of Martinez Park P.U.D. would result in a
more definite and visibly identifiable boundary between the Park and the adjacent private property,
and is in the process of proposing that the owners of those lots convey portions of their respective
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DEED OF DEDICATION FOR EASEMENT
STATE DOCUMENTARY FEE
,=EM"
KNOW ALL MEN BY THESE PRESENTS: That THE MARTINEZ PARK
HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), whose legal
address is 415 Mason Court #4, Fort Collins, CO 80524, being the owner of the real property
described on Exhibit A attached hereto and incorporated herein by this reference ("Grantor's
Property"), in consideration of Ten Dollars ($10.00) in hand paid, the 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 home -rule municipality ("City"), a
non-exclusive permanent easement for emergency access purposes over and across Grantor's
Property.
It is understood by the Grantor that by acceptance of the deed of dedication of easement,
the City does not accept any duty of maintenance of such easement.
DATED this clay of / 2005.
THE MARTINEZ PARK HOMEOWNERS
ASSOCIATION, a Colorado nonprofit corporation
By:
Ke eth Dean Smith, President
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER ) -
The foregoing instrument was acknowledged before me this P5 day of
(( , 2005, by Kenneth Dean Smith as President of The Martinez Park Homeowners
As6bciation, a Colorado nonprofit corporation.
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Deed of Dedication for Easement ] r �, t n
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ACCEPTED BY THE CITY OF FORT COLLINS, COLORADO, tIs f
2005.
City Clerk �''►, ''
ATTORNEY'S CERTIFICATION
I hereby certify that the foregoing Deed 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
an examination of 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.
F07�-[C0l �I�r7�, ro �5z
Registration No. D YoZ
Date:
Deed of Dedication for Easement
2
-4N-
(� EXHIBIT A
TO
DEED OF DEDICATION FOR EASEMENT
"Legal Description of Grantor's Property"
Tract B, Martinez P.U.D.,
City of Fort Collins, County of Larimer, State of Colorado
Deed of Dedication for Easement
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II I I I'I I I I'II, I I1 I II I II I II I IIII ISCOTT ' IIII III OCLERK
LARIMER COUNT' Exhibit n I n
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DEED OF DEDICATION FOR EASEMENT - -
STATE DMUM"TARY FEE
EXEMPT
KNOW ALL MEN BY THESE PRESENTS: That THE RIVER ROCK COMMONS
CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), whose legal
address is 520 N. Sherwood Street, #35, Fort Collins, CO 80524, being the owner of the real
property described on Exhibit A attached hereto and incorporated herein by this reference
("Grantor's Property"), in consideration of Ten Dollars ($10.00) in hand paid, the 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 home -rule municipality
("City"), a non-exclusive permanent easement for emergency access purposes over and across
Grantor's Property.
It is understood by the Grantor that by acceptance of the deed of dedication of easement,
the City does not accept any duty of maintenance of such easement.
DATED this �kday of A n r t 1 , 2005.
THE RIVER ROCK COMMONS
CONDOMINIUM ASSOCIATION, a Colorado
nonprofit corporation
By: :3) kc.
Don Flick, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Th, foregoing instrument was acknowledged before me this /day of
2005, by Don Flick, as President of The River Rock Commons Condominium
ss ciation, a Colorado nonprofit corporation.
Witness my hand and official seal.
Not Public
M c ission expires:
Deed of Dedication for Easement
V CITY CLERIC
CITY OF FORT COLLIN!"
u
CCEPTED BY THE CITY OF FORT COLLINS, COLORADO,�at�`
2005. , 4
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City Clerk �� •'
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ATTORNEY'S CERTIFICATION
I hereby certify that the foregoing Deed 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
an examination of 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. A
F1�1'(D 1/1'kf,, CO
Registration No. 007
Date: � 0 w 1
Deed of Dedication for Easement 2
EXHIBIT A
TO
DEED OF DEDICATION FOR EASEMENT
"Legal Description of Grantor's Property"
Tract E as shown on map of The River Rock Commons Condominiums recorded July 14, 1999
at Reception No. 99062703, City of Fort Collins, County of Larimer, State of Colorado
Deed of Dedication for Easement 3
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DEED OF DEDICATION FOR EASEMENT
STATE DOCUMENTARY FEE
,=EM"
KNOW ALL MEN BY THESE PRESENTS: That THE MARTINEZ PARK
HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), whose legal
address is 415 Mason Court #4, Fort Collins, CO 80524, being the owner of the real property
described on Exhibit A attached hereto and incorporated herein by this reference ("Grantor's
Property"), in consideration of Ten Dollars ($10.00) in hand paid, the 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 home -rule municipality ("City"), a
non-exclusive permanent easement for emergency access purposes over and across Grantor's
Property.
It is understood by the Grantor that by acceptance of the deed of dedication of easement,
the City does not accept any duty of maintenance of such easement.
DATED this clay of / 2005.
THE MARTINEZ PARK HOMEOWNERS
ASSOCIATION, a Colorado nonprofit corporation
By:
Ke eth Dean Smith, President
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER ) -
The foregoing instrument was acknowledged before me this P5 day of
(( , 2005, by Kenneth Dean Smith as President of The Martinez Park Homeowners
As6bciation, a Colorado nonprofit corporation.
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1 y75y1°C __ pi f.0 o�J
Witness my hand and official seal.�,�t�a[p�
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No Public n3s .; _g a
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M c fission expires: ���
Deed of Dedication for Easement ] r �, t n
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ACCEPTED BY THE CITY OF FORT COLLINS, COLORADO, tIs f
2005.
City Clerk �''►, ''
ATTORNEY'S CERTIFICATION
I hereby certify that the foregoing Deed 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
an examination of 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.
F07�-[C0l �I�r7�, ro �5z
Registration No. D YoZ
Date:
Deed of Dedication for Easement
2
-4N-
(� EXHIBIT A
TO
DEED OF DEDICATION FOR EASEMENT
"Legal Description of Grantor's Property"
Tract B, Martinez P.U.D.,
City of Fort Collins, County of Larimer, State of Colorado
Deed of Dedication for Easement
lots to the north of the existing northern sidewalk on Martinez Park P.U.D.(collectively, the
"Boundary Correction Property"); and
WHEREAS, City staff has requested that the City Council authorize the acceptance of the
Boundary Correction Property upon the conveyance of the same.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Property for the use for parking shown as shown
on the amended plat for Martinez P.U.D., to be used for public parking is in the best interest of the
City of Fort Collins.
Section 2. That the Mavor is hereby authorized to execute a quit claim deed as is
necessary for the City to sell and convey the Property on the terms and conditions described above.
Section 3. That the City Manager is hereby authorized to accept the conveyance of the
Boundary Correction Property, as described above, in order to adjust the boundary of the Park to the
north edge of the sidewalk along the northern end of Lots 1 through 10 of Martinez P.U.D.
Introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2002, and to be presented for final passage on the 19th day of February, A.D. 2002.
r
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of Februar A.D. 2002,
M ayor
ATTEST:
NX
W
DESCRIPTION:
A slope easement being a portion of CITY OF FORT COLLINS PARKS AND REC.
LEE MARTINEZ PARK, located in the Northeast Quarter of Section 11, Township 7
North, Range 69 West of the 61h Principal Meridian, City of Fort Collins, County of
Larimer, State of Colorado being more particularly described as follows:
Considering the Southerly line of said CITY OF FORT COLLINS PARKS AND REC.
LEE MARTINEZ PARK as bearing North 86°41'20" West and with all bearings
contained herein relative thereto:
BEGINNING at a point being the Northeast comer of Lot 1, MARTINEZ P.U.D.; thence,
North 70°47'00" East, 49.60 feet; thence, South 77°35'41" East, 143.60 feet to a point on
said Southerly line of CITY OF FORT COLLINS PARKS AND REC. LEE
MARTINEZ PARK; thence along said line, North 86°41'20" West, 179.00 feet; thence,
North 63°38'52" West, 9.40 feet to the Point of Beginning.
The above described slope easement contains 2198 square feet more or less and is subject
to all easements and rights -of -way now on record or existing.
January 25, 2002.
Job tt 779-004
Mason -exhibit
jaa
FPOM :WOLFF LYON APCHITECTS FA:-' NO. :3934472908 Feb. 17 2004 05:48PM P1
Febmary 17, 2004
Steve Olt
Current Planning Department
City of Fort Collins
Dear Steve,
This is to clarify the access easement issue between Mason Street North LLC and 230 Cherry
Street property. As you may know, Mason Street North LLC has acquired an easement fora
small piece of land in triangular shape at the SE corner of Mason Street North, which
provided back up space for the westernmost garage. This easement hasn't been recorded.
After our discussions with Al Hauser, however, we have decided to modify our garage layout
to accommodate their need to use this area for the arcade of their building. We shall
eliminate the easement and modify our plans in our final submittal.
Please feel free to contact me if you have any questions.
o n Wolff, manager
Mason Street North LLC.
cc: Al Hauser, Hauser Architects
Mickey Willis, Mason Street North, LLC.
P 7 PEARL ST SUITE 210, GOULOCP. COLOPAOO 8 W 1'E1- M3 HT 2]MP FM 3 "47.2ERE • AP(,H17CTTLPE kLPPAN GESIGN. PUNNING DEVELOPMENT CONSULTING
I-.. rt'l'.r r
DEED OF EASEMENT
(230 West Cherry Street)
THIS DEED OF EASEMENT is made this 20th day of December, 2001 by and between J and A
ENTERPRISES, a partnership, whose address is 3307 South College Avenue, Fort Collins, Colorado 80525
(the "Grantor") and The MASON STREET LLC, a Colorado Limited Liability Corporation, whose principal
address is 745 Poplar Avenue, Boulder, Colorado 80304.
Exhibits to this Deed of Easement include the following:
Exhibit A — Map of the property with easement area diagram
WITNESSETH THAT:
A. Grantor is the owner of certain real property in Latimer County, Colorado, consisting of
7000 Square Feet, more or less, more particularly described and shown in Exhibits A attached hereto and
incorporated herein by this reference (the'Troperty"),
TERMS AND CONDITIONS
Purposes. [it is the purpose of the Easement to allow Mason Street North mixed -use users to have
vehicular access or to cross over the northeast comer of said property as shown in the diagram on Exhibit A In
the event of their degradation or destruction, to enhance and restore the values of the Property. In achieving
these purposes, it is the intent of the Easement to permit the continuation of such uses of the Property as may be
conducted consistent with the conservation values protected herein.
TO HAVE AND TO HOLD the said Easement unto the said Mason Street, LLC., its successors and assigns,
forever.
IN WITNESS WHEREOF, Grantor has hereunto set its hand this 20" day of December, 2001.
GRANTOR: �J�an�d
By: AI Minatta
The foregoing Deed of Easement is hereby duly accepted by Mason Street, LLC. and has been executed on
this 20" day of December, 2001.
GRANTEE:
James W. Leach
14
EXHIBIT A
SCALE: I" = 20'-0"
DATE: 01-07-02
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II I I I'I I I I'II, I I1 I II I II I II I IIII ISCOTT ' IIII III OCLERK
LARIMER COUNT' Exhibit n I n
RCPTN# 2005-0063915 010:46:0005
PAGES — 3 FEE $16.00 DOC $0,00 #497212
DEED OF DEDICATION FOR EASEMENT - -
STATE DMUM"TARY FEE
EXEMPT
KNOW ALL MEN BY THESE PRESENTS: That THE RIVER ROCK COMMONS
CONDOMINIUM ASSOCIATION, a Colorado nonprofit corporation ("Grantor"), whose legal
address is 520 N. Sherwood Street, #35, Fort Collins, CO 80524, being the owner of the real
property described on Exhibit A attached hereto and incorporated herein by this reference
("Grantor's Property"), in consideration of Ten Dollars ($10.00) in hand paid, the 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 home -rule municipality
("City"), a non-exclusive permanent easement for emergency access purposes over and across
Grantor's Property.
It is understood by the Grantor that by acceptance of the deed of dedication of easement,
the City does not accept any duty of maintenance of such easement.
DATED this �kday of A n r t 1 , 2005.
THE RIVER ROCK COMMONS
CONDOMINIUM ASSOCIATION, a Colorado
nonprofit corporation
By: :3) kc.
Don Flick, President
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Th, foregoing instrument was acknowledged before me this /day of
2005, by Don Flick, as President of The River Rock Commons Condominium
ss ciation, a Colorado nonprofit corporation.
Witness my hand and official seal.
Not Public
M c ission expires:
Deed of Dedication for Easement
V CITY CLERIC
CITY OF FORT COLLIN!"
u
CCEPTED BY THE CITY OF FORT COLLINS, COLORADO,�at�`
2005. , 4
+SiJ &V -
i lrr
4
City Clerk �� •'
r
x�
ATTORNEY'S CERTIFICATION
I hereby certify that the foregoing Deed 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
an examination of 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. A
F1�1'(D 1/1'kf,, CO
Registration No. 007
Date: � 0 w 1
Deed of Dedication for Easement 2
EXHIBIT A
TO
DEED OF DEDICATION FOR EASEMENT
"Legal Description of Grantor's Property"
Tract E as shown on map of The River Rock Commons Condominiums recorded July 14, 1999
at Reception No. 99062703, City of Fort Collins, County of Larimer, State of Colorado
Deed of Dedication for Easement 3