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HomeMy WebLinkAboutTIMBERLINE CENTER - Filed ED-EASEMENT DEDICATION - 2007-11-28HASLER, FONFARA AND MAXWELL LLP TIMOTHY W. HASLER JOSEPH H. FONFARA MICHAEL A. MAXWELL TIMOTHY L. GODDARD Ms. Susan Joy Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80521 HAND DELIVER Dear Ms. Joy: ATTORNEYS AT LAW Sixth Floor, Key Bank Building 125 South Howes Street Fort Collins, Colorado 80521 MAILING ADDRESS. POST OFFICE BOX 2267 FORT COLLINS. COLORADO 80522 June 30, 2006 TELEPHONE(970) 493-50 ]0 FACSIMILE (970) 493-9703 Re: Timberline Center / Project ID# 41-05A Enclosed is a copy of the executed Deed of Dedication for Emergency Access Easement (the "Emergency Access Easement") between Timberline Star Properties, L.L.C., as Grantor, and The City of Fort Collins, Colorado, as Grantee (the "City"), which was delivered to Helen Matson on June 7, 2006. As you know, the Emergency Access Easement was required as a condition of plat approval for Timberline Center. The Emergency Access Easement affects property adjacent to and north of Timberline Center (the "Timberline Star Property"). It is my understanding that the City will allow the Emergency Access Easement to be relocated, provided that any easement or public street established in place of the Emergency Access Easement is in a location substantially the same as or better than the Emergency Access Easement. Please confirm, by signing the acknowledgment on the enclosed copy of this letter, that the City will allow the owner of the Timberline Star Property to relocate the Emergency Access Easement, provided that any easement or public street established in place of the Emergency Access Easement is in a location substantially the same as or better than the Emergency Access Easement. Please return the signed copy of this letter to me in the self-addressed, postage prepaid envelope provided. Sincerely, TIMOTHY W. HASLER TWH/lh Enclosures cc: Mr. Craig C. Hau Mr. Michael Oberlander Acknowledged this day of July, 2006. SUMY, Civ 1 E ne r I City of Fort C li C lorado ?cza,C-C1',55//S DEED OF DEDICATION FOR TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned. IIMBERLINP S"FAR PROPERTIES. L.L.C., a Colorado Limited Liability Company ("Grantor"), being the owner of certain real property in Larimcr County, Colorado, in considcration of Ten Dollars ($10.00) in hand paid, receipt of which is hcrcby acknowledged, and other good and valuable considcration, does hereby dedicate, transfei. and convey to THE CITY OF FORT COLLINS, COLORADO. a Municipal Corporation, the mailing address of which is 300 LaPorte AVCntle, Purl Collins. Colorado 80521 ("Granlcc"), a temporary construction casement (the "Easemeni'), for use during construction of the Timberline Road Street Oversizing Project (the "Project'), together with all rights and privileges as are necessary or incidental to the reasonable and proper use of the EaSenienl in and to, over, and under and across the tract of land as described on Exhibit "A" attached hereto and incorporated herein by reference Qhc "Eascmcnl Properly"), sulbiecl to the following tennis and conditions: I. 'flit Easement shall terminate thirty (30) days after comPletion of construction of the Project by Grantee, but in no event later than August 1, 2007. 2. Until termination of the Easement, no permanent structures or improvements shall be placed on the Eascmcnt Property by Grantor or its successors and assigns, mid the use of the Easement Property shall not otherwise be obstructed or interfered with by Grantor. 3. Grantee agrees by acceptance and/or recording of this instrument to restore the Easement Property to a comparable condition as it was when the Eascmcnt was granted. 4. TO the extent permitted by law and the Charter of the City of Fort Collins. Granlcc shall be responsible for damage or injuries resulting from the negligent acts or omissions of Grantee, or its agents, contractois, or employees, during the lenm of the Easement. Notwithstanding any other provision of this Easement to the contrary, no feral or condition of this Eascmcnl shall be construed or interpreted as a waiver of any provision of file Colorado Governmental Immunity Act, Section 24-10-101, cl sue., C.R.S., as now or hereafter amended. Datcd this �2— day of Junc, 2006. GRANTOR: TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company By: Integrated Equities, hie., a Colorado Corporatioonnils-Manage Craig C. Hau, Pl'CSldeni 102411, d-7� S FA FE OF COLORADO I I ss. COUNTY OF LARIMER ) The Ioregoing instrument Was acknowledged before me this day of .lune, 2006. by W. James Temple, as Manager of TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company. ..,uarru,.. WITNLSS Illy hand and official seal. My commission cxpires: S'fA I E OF COLORADO ) ) ss. COUNTY 017 LARIMER ) Notary P Ah spy pRY O .I • = O r G BV� Q ' S.• :.�£ •PV yJO\ •O F p0 xis. "I he foregoing instrument was acknowledged before me this -- day of.Imic, 2000, by Craig C. I all. Presidentrn of Integrated Equities, Inc., a Coloado Colporatio, as Managerf o TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company. WITNESS Illy hand and official seal. My commission expires: - Notary 'IN%\", PF1 S O)y `,/z , *pY O . _ O — 0 e Z Ile U i 10 i _ _ •�'... P J0 O . lic ���:o.. TATE OF.14x�� Accepted by The City of Port Collins, Colorado, on the "ay of \ , 2000. City Clerk ATTORNI?Y'S CERTIFICATION SEAL I herchy certify that the foregoing Deed has been duly executed as required pursu:urt to Scclion 2.23 (C)(3)(a) through (c) 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 ure duly authorized signatories under the laws of the State of Colorado. This CCrilfiCatlO❑ is based upon the records of the Clerk and Recorder of Larimer County, Colorado as of the date of Cxecution of the dccd and other information discovered by me lhl'ough reasonable inquiry and is linlitcd as authorized by Section 2.2.3 (C)(3)(0 of the Land Use Code. Timothy W. Has1dr I Iislet, 1701, Para and Maxwell LLP Post Office Box 2207 Fort Collins, CO 80522 Registration No. 1958 11,121111, - Jn, 7) PROPERTY DESCRIPTION ExhibitA—Timberline Star Properties, LLC (1 of 2) A parcel of land, being Fifteen (15) feet in width, for Temporary Construction Easement purposes, being part of that parcel of land described in that Special Warranty Deed (SWD) recorded December 22, 1994 as Reception No. 94100658 of the records of the Larimer County Clerk and Recorder (LCCR) and being part of the Northeast Quarter (NEI/4) of Section Nineteen (19), Township Seven North (77N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6" P.M.), City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 19 and assuming the East line of said NEI/4 as bearing South 00°13'42" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1963/92, a distance of 2679.27 feet with all other bearings contained herein relative thereto: THENCE South 00°13'42" East along said East line a distance of 1632.07 feet; THENCE South 89046'18" West a distance of 30.00 feet to the West Right -Of -Way (ROW) of Timberline Road, said point being the Northeast corner of that parcel of land described in said SWD; THENCE South 88'05'18" West along the North line of that parcel of land described in said SWD a distance of 61.15 feet to the POINT OF BEGINNING; THENCE South 02°28'53" West a distance of 299.30 feet; THENCE South 43°45' 14" West a distance of 36.02 feel; T14ENCE South 01%4'46" East a distance of 7.10 feet; THENCE South 88°56'43" West a distance of 15.00 feet; THENCE North 01'14'46" West a distance of 13.26 feet; THENCE North 43'45'14" East a distance of 36.59 feet; THENCE North 02°28'53" East a distance of 292.50 feet to said North line; THENCE North 88°05'18" East along said North line a distance of 15.04 feet to the POINT OF BEGINNING. Said parcel contains 5,136 sq. ft. or 0,118 acre, more or less (t), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby slate that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. ICING SURVEYORS. INC. 9299 Eastman Park Drive Windsor, Colorado 80550 t970) 686-5011 JN: 2004208 NIA2004208acgal descriplionslTlM➢ERLINE-S'fAR-TEMP-CONST-2-LEGAL-DESGdoc Last printed 3/16/2006 9:50 AM fdo, 7) TEMPORARY CONSTRUCTION EASEMENT I I I II 1 I I I I THL'ClA'OffOATCOlIII;J' /Noce G'OO.Y/JJ.'f.4GE01 AEC iVD fh9/7 1 POINT OF BEGINNING III L32 7_1-36 1 JON oUo0 I 1 4-15' ¢oa 1 1 I I I I op� 0 . I I I I �N aZe W J o �I Ir ro CV1 I_ ?0 1c� N 1 1 < Fw I�IN In w 1 &1 I N ICI I I V !lU 1 1 171 1'n W Lni i� 1. �001 h :VI 1co ol IN ZI Ip �a IN I I � 1 1 1 I I II I I S I I �L33 L29 II II II I II I II I I II Fum III I w Z J v I I szw l p o u�w I F � I x� I '17ZS N1Z0EPOIT/EJ, xlN zEJllvd6E: XZ fL611/1'CA ll ,i'EC A'O. D7USi.I// I I EXHIBIT A I "M NORTHEAST CORNER SEC. 19, T.7N.. R.68W. POINT OF COMMENCEMENT j I d O � N M O � o -- In Ll I I I NEY. SEC. 19, T.7N., R.68W. x Wh O� r O n b O NMI N V1 O n N aV 3 w 3 3 3 3 w w 4 evavlNaao W °' onmm o m y� N� VI N 1A Z Z Z J J n J J J J J J (2 OF 2) < o UU/ 11 0 O o N U FOUND 2" ALUM. PIPE W/3 1/4" ALUM. CAP STAMPED 17497 IN MONUMENT BOX NOT ACCEPTED AS QUARTER CORNER 0 N EAST QUARTER CORNER I SEC. 19, T.7N., R.68W. SET N6 RESAR W/3 1/4' ALUM. CAP STAMPED PER BLM INSTRUCTIONS AND "LUND L534995" IN MONUMENT BOX KING SURY�'YORS, INC. DATPROJECT N5 200 6 CLIENT: T1 9299 EASTM AN PARK DRIVE, WINDSOR, CO 80550 CLIENT: INTERWEST PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG: EXHIBIT -TIMBERLINE -STAR n+ WWW.KINGSURVEYORS.COM DRAWN: MCD CHECKED: SAL Z0(xt JSS i/iF DEED OF DEDICATION FOR UTILITY AND DRAINAGE EASEMIi,NT KNOW ALL MEN BY THESE PRESENTS: That the undcrsigncd, TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company, being the owner of certain real property in Larimer County, Colorado, in consideration of Ten Dollars ($10.00) in hand paid, receipl of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer, and convey to THE CITY OF PORT COLLINS, COLORADO, a Municipal Corporation, for public use forever, a pemnmcnt cascmcnl for utility and drainage purposes in the City of Port COIIi1M County of Larimcr. State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is understood by the undersigned that, by acceptance of this dedication, the City of Port Collins will not accept the duty of maintenance ofsuch cascmcnl. Dated this 2-- day of June, 2006. TIMBERLINE STAR PROPERTIES, L.L.C.. a Colyrado Limited Liability Company t r, By: Integrated Equities, Inc., a Colorado Corporation, itsfanagcr Crai_�au, President STATE OF COLORADO I ) ss. COUNTY Of LARIMER ) The foregoing inslrumcnt was acknowledged before me this.,' day of .lunc, 2000, by W. Janes Templc, as Manager of TIMBERLINE STAR PROPERTIES, L.L.C.. a Colorado Limited Liability Company. '.'tn°nigl%9ri ONNSO WITNESS my hand and official scat ...... , My commission expires: '. PUFF Notary Public STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing inslrumcnt was acknowledged bcl'mc me this t- day of .Tune, '000. by Craig C. Hall. President of Integrated Equities. Inc., a Colorado Corporation, as Manager of TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company. WITNESS my hand and official seal. .............. 30: o My commission expires: NolaryPublic"�r2grmm:a'• Accepted by The City of Port Collins, Colorado, on the day of , 2000. OF FOR, City Clerk � 1 �! L . tiny L�R,d.DD AT 1'ORNEY'S CERTIFICATION I hereby certify that the foregoing Deed has been duly executed as required Pursuant 10 Section 2.2.3 (C)(3)(a) through (e) inclusive of the Land Use Code of the City of Port Collins and that all persons signing this Deed on behalf of a corporation or other entity arc duly authorized signatories under the laws of the Slate of Colorado. phis Certification is based upon the records of the Clerk and Recorder of Lai mar County, Colorado as of the date of execution of the deed and other information discovered by ns through reasonable inquiry and is limited as authorized by Section 2.2.3 (C)(3)(I) of the Land Use Code. Timothy W. Hasl r Hasler, Fonfara and Maxwell LLP Post Office Box 2267 1701( Collins, CO 80522 Registration No. 1958 i1.12111n. do,q PROPERTY DESCRIPTION Exhibit 7v-Timberline Star Properties, LLC (1 of 2) A parcel of land, for Utility and Drainage Easement purposes, being part of that parcel of land described in that Special Warranty Deed (SWD) recorded December 22, 1994 as Reception No. 94100658 of the records of the Larimer County Clerk and Recorder (LCCR) and being part of the Northeast Quarter (NEl/4) of Section Nineteen (19), Township Seven North (T.7N.), Range Sixty- eight West (R.68W.) of the Sixth Principal Meridian (61h P.M.), City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 19 and assuming the East line of said NEI/4 as bearing South 00013'42" East, being a Grid Bearing of the Colorado Stale Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2679.27 feet with all other hearings contained herein relative thereto: THENCE South 00013'42" East along said East line a distance of 1632.07 feet; THENCE South 89°46'18" West a distance of 30.00 feet to the West Right -Of -Way (ROW) of Timberline Road, said point being the Northeast corner of that parcel of land described in said SWD; THENCE South 88°05' 18" West along the North line of that parcel of land described in said SWD a distance of 31.53 feet; THENCE South 01052'41" West a distance of 44.60 feet; THENCE South 02025' 10" West a distance of 237.35 feet; THENCE South 08°12'39" West a distance of 9.75 feet to the POINT OF BEGINNING; THENCE continuing South 08°12'39" West a distance of 91.95 feet; THENCE South 88°56'43" West a distance of 228.69 feet; THENCE North 00°01'35" West a distance of 50.01 feet; THENCE North 88°56'43" East a distance of 221.72 feet; THENCE North 00°58'27" West a distance of 40.79 feet; THENCE North 89°02'36" East a distance of 20.82 feet to the POINT OF BEGINNING. Said parcel contains 12,330 sq. ft. or 0.283 acre, more or less (t), and is subject to any rights -of - way or other casements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true Land Surveyor034995 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2004208 N1:12004208\1egal descriptions\TIMBERLINE-STAR-UTIL+DRAIN-LEGAL-DESC.doc Last printed 3/16/2006 11:02 AM i,lo,el UTILITY &DRAINAGE EASEMENT �I�uTRT''F' TIMBERLINE STAR PROPERTIES, LLC EX IBI1 A NO, SEC. 19, T.7N., R.68W. (2 OF Z) I1 NORTHEAST CORNER SEC. 19, T.7N., R.60W. POINT OF COMMENCEMENT I I wl I THEC/Tl'OFFOATCOIL I:f 1 BOOR/JJIP,}GE67 I CIO AEC NO J70/7 i7 1 II I Nf I IL24 Lt � -Y I I I N !I ON Fp [Zy] J o 0 4 Ip< l n' N h il r m m N m'vl' r � m OI 0 N a 3 3 3 3 w 3 3 3 M m' wmer`„'In In :1c+nI!l P m N 0 0 Ill w womoco ro o 0 Ill w o N z Z o z a Nryryv J J J inbrn J J J J In In J .l ZZp N NM H O O K -I- In �t U Up 0 wm rno UZU 1 I G w]w I Y a�i opt ' I F. uzE 1 I I u:' A owe MI I [C� In nl r 71U:\Y „I �Ib vFiw f� J °w O Q 0 NI I I N > O c n I I w i O N U R� I 17 p: POINT OF ' I § l Z o BEGINNING con 18 cOo L26 +NI z I u I I I I w o INMI o m 4BB'56'43"E 221.72' o l n r\ I I N I o 12,330 sq.)t. I 1 m x II o II I z S88'56'43"W 228.69' 1 1 I w s zw I I I oz n / u. /N a"e yzu � a�' I I \a� az Z¢m atom w I zm 'Fw ohm ¢ 3¢ ¢ U w I I ao' R. w. 3 �� o a w as m I"^zm 3 tie?°// uaw I I ry cui 00m\Mz FIB I 1 v z�¢ ua;0 "zem min m -'man to a ¢ hIT6GA.lTEO BpUTT/Ef, /AC, // I I I 02 k-w p \- � z f!!l6AlEJTEA/PLE 'l .f Il: FLE,H/✓Gd CO U F ¢ - w � U m' FEC NO. YIAfLf// I I II 1 XJNG SIIBVZYORS, INC. PROJECT N200 GATE: 03/16/2006 9299 EASTMAN PARK DRIVE, WINDSOR, CO B0550 CLIENT: INTERWEST 01l,I 81 PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG: EXHIBIT —TIMBERLINE —STAR WWW.KINGSURVEYORS.COM DRAWN: MCD CHECKED: SAL GCG 'S 5! 12 DEED OF DEDICATION FOR EMERGENCY ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company, being the owner of certain real properly in Larimer County, Colorado, in consideration of Ten Dollars (510.00) 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 PORT COLLINS, COLORADO, a Municipal Corporation, for public use forever, a permanent easement for emergency access purposes in the City of Fort Collins, County of Larimat State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. 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 casement. Dated this Z day of June, 2000. TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company - ,zv / 1 James By: Intcgrated"Equ i tics, Inca a Colorado Coporation/its,NN\aiy,,cr Craig C. Hau, President STATE 017 COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this-- -' day of June, 2000, by W..lames Temple, as Manager of TIMBERLINE STAR PROPERTIES, L a Colorado Limited Liability Company. t• WITNESS my hand and official seal. ,� : • pY =Ci O rj¢ My commission expires: Notary Public (Ordgp, _ dia 4) STAKE Of COLORADO ) ) ss. COUNT OIr L.ARIMER ) The foregoing instrument was acknowledged before me this -- day of .lunc, 2006, by Craig C. liau, President of Integrated Equities, Inc., a Colorado Corporation, as M:magel of TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company. ,,,�Fnaltrutn. WITNESS my hand and official scat. My commission expires: o o F a = Notary Public'���t+nnir,+tr��0��y Accepted by The City of Port Collins, Colorado, on the lay of , 200G. 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 (C 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 arc duly authorized signatories under the laws of the State of Colorado. This Cerlilication is based upon the records of the Clerk and Recorder of Larinur County, Colorado as of the date of execution of the deed and other infornmtion discovered by Inc through reasonable inquiry and is limited as authorized by Section 2.2.3 (C)(3)(f) of tlw Lund Use Code. Timothy W. Hasl r I-laslcr, Fonfma and Maxwell LLP Post Office Box 2267 Port Collins, CO 80522 Registration No. 1958 1617A16 1,141 PROPERTY DESCRIPTION _..Exhibit A -- (I of 2) A parcel of and being part of than parcel of land described in That Special Warranty Deed (SWD) recorded DCCCatb[r 22. 1994 as Reception No. 94100658 of the records of the Lai imer County Clerk and Recorder (LCCR) located in the Northeast Quarter (NEI 141 of Section Nineteen (19). Township Seven North (T.7N.). Range Sixty-cighl West (R.68W.) of the Sixth Principal Meridian (6'" P.M.). City of Pore Cal l His. Campy of Larimer, SW to of Colorado. and [Icing more particularly described as follows: COMMENCING at Iho Nnrlhea5l corner of said Section 19 and assuming the East line of the Northeast Quarter (NEI /4) of said Scclinn 19 as bearing South 00"13'42East. being a Grid Bearing of the Colorado Stale Plane Qmnlinne System. North Zane. North American Datum 1983/92. a distance of 2679.27 feel with all other bearings cunuiincd herein relative chosen: TI IENCE South 00'13'42' Last along said East line a distance of 1631.19 feet: 'Ili I:NCE South 88°04'47" West a dis( ancc us ' 30.01 feet nt the Northeast corner of iliac parcel of hmd described in said SW D. said point being 30-(10 feel. as measured at a right angle. West of said East line: 'I I IL'NCP. Sonlh 00°13'42" East along a line being 30.00 feet, as measured at at right angle. West of and Paris I e I with s;,itI tuts( line is this I anes, of 542.29 feel fdml=542.40 fee to the Southeast corner of this parcel of land described in said SWD7 'll IENCE South 88"57'54" West :Jung Said Stains line a distance of 603.41 feet to the POINT OF BEGINNING: TI IENCE continuing South 88"57'54" West along said Sunni line a distance of 50.01 feel: TI IENCE Not 00'01'35' Wes( a dislancc of 89.87 feel at a Paint of Curvature (PC): l'I IENCE;dung the arc of it curve which is concave to the Southeast a distance of 59AI fees. swirl curve having a radius of 50.011 fee6 is central angle of 68"04'44" :,tact it lung chord hearing North 34o[)0'47" East a distance of 55.98 fret (u a Point of Tangency (Pl'); 'I'I IENCE North 68-03'09" East it distance of 49791 feel: TIILNCE North 37"50'58" East a distance of 77.39 feel; 'II IENCP. North 90"00'00" Ease is distance of 72.20 feel: 'I'IIENCC South 02"28'53" West a disunion of 62.32 feet: I IL'NCE South 911"00'00" West a distance of 39.62 fee(: I HENCE South 68"03'09" West it distance of 169.63 feel Ina PC: "IT HENCE along the are of a curve Which is concave Ia the Southeast is distance of 29.71 fcul. said curve having a radius - tic 25.00 (cd, a central angle of 68"04'44" and a long ehol'd hearing Souls 34"00'47" West a dinanec of 27.99 fees lu it P1: '1'I IENCE South 00"01'35" East it distance of 67.54 feel: TI IENCE South 88"56'43" West a distance of 30.00 feet, 'II IENCE North 00"01'35" West a dislancc of 35.88 feet to a PC: I IENCE along the arc of it curve which is concave to the Southwest a distance of 48.83 feel, said curve having a radius of 25.00 feet. it central angle of 111'55' 16' and is lung chord hearing North 55'59' 1.3' West a distance of 41,43 feel (u a P'I': 'I'I IENCE South 68"03'09" West a distance of 271.52 feel to a VC: 'I I ILNCE :dung the arc Of it curve Which is concave to Ilse Southeast it distance of 59AI feet. sit id curve having a and ius of 50.00 feet. a central angle of 68"04'44" and a lung chord bearing South 34"00'47" West a distance of 55.98 feel is, it IN : THENCE Smith 00"01'35" Last a distance 111' 70.781cct to the POINT OF BEGINNING Whichabove described parcel contains 30.844sq. ft., ounce or less i±), and is subject at any rights-of-wav ar mhcr casements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I. Sloven A. Land a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was pmpared under my personal suPcrvisinn and checking. and Ibut it is true and correct It, the tics( of my kntnvlcdgc and hclic[. -...- Swim A. Lunde'gn�chalY-4 King,$urvcyocs. Inc Color Pad t RegislCmdVr,Qfrssional.+ L;md Surveyor#34995^:-^ `� ICING SURVEYORS. INC. 929`) Eastman P:u'k Drive Windsor, Colonists 80551) I970) 696-5011 JNs: 2005241-A, 200s24144 N:\200524 i -A\properly deseript ions\OPPSITE-EA-ESM'T-NORI'I Ldae Last primed 5/3/20063:08 PM (doe 4) PROPERTY DESCRIPTION I EXHIBIT A I NEYa SECTION 19, T.7N., R.68W. (2 of 2) BASIS OF BEARINGS: S00'13'42"E 2679.27' /— EAST LINE OF THE NEY OF SECTION 19 S00'13'42"E TIMBERLINE ROAD 27.02' — _ _ — S00'13'42"E _ 542.29' (DEED_542.40') \ -----I L7 1 mow amz a=3=pax 00 tt wq�am0 J C� w¢zo z�m�dm wm¢a Oz to J ammo_ u�nnz OaF�. w aa w .O� 4 ZZ V Z <nr ¢JzM ¢N, ZDocn F3 a m O ¢ w >:NOZO Es % 4u agz¢ o¢�¢ o:^ waLL av5 a 40 ¢a+o. aw M, w m¢zl— a ;uV z`a^—U �^winz z z ,01 aI n z 'o� m n 0 L10 m w ¢w yaoo o m ¢ O — n i W W P V N J m T a 'a ; v L12 z Q 0z c a a > O 4F " Ncm ¢ iamnnc �. m Jw ICJ m `-Z'c E C'c V3 w_ w ]L3;'n' O O 0 z Ern 5 r i• O IN to do O •v0 /CO I x w J — _ 3 vai nioonann uj omm on o' o� o �oo 0 o n Z Z (O/1 lP/1 o VI N ybj Z b - J J 5 � Q:.81�� Steven A. Lund-_-"on"behalf of King Surveyors, Inc. Colorado RegistereG`r�'rolessional Land Surveyor #34995 i hING SURVEYORS, INC 1 G50 Gprdcn Dnvc I "Vindsor, Cubrudu 90550 phunc: 197I1) n8G-5(I11 I I:�s: Mill) 686-5821 www.l. i nGswvcpurzcom � I I �J h L13 \I, M J L4 U Z w 0 a 100 50 0 1co PROJECT NO:2005241—A/B DATE: 05/03/2006 CLIENT: FLEISCHLI/HAU DING: OFFSITE— EA— ESMT—NORTH DRAWN: MCD CHECKED: SAL DEED OF DEDICATION FOR SLOPE AND DRAINAGE EASFIVIEN'T KNOW ALL MEN BY THESE PRESENTS: That the undersigned, TIMBERLINE STAR PROPERTIES, L.L.C., a Colorado Limited Liability Company, being the owner of certain real properly in Larimcr County, Colorado, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby aclunowledged, 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 pen» anent casement for slope and drainage Pwposes in (he City of Port Collins, County of Latimer, Stale of Colorado, more parlicularly described on Exhibit "A" attached hereto and by this reference made a part hereof. It is Understood by the undersigned that, by acceptance of this dedication, the City of Purl Collins will not accept the duly of maintenance of such easement. Dalcd this eZ day ol-hinc, 200G. TIMBERLINE STAR PROPERTIES. L.L.C., a Colorado Lin*cd. Liability Company By: Integrated Equities, Inc., ',J a Colorado Corporation, its Manager Bra —�C�-- Craig C. Hau, President STATE OP COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this:- day of .lunc, 2006. by W. James Temple, as Manager of TIMBERLINE STAR PROPERTIES, L.L.4't„i���w; a Colorado Limited Liability Company - WITNESS WITNESS my band and official seal. My commission expires: Notary `gyp �. H' ` pl , 'ii. 4` '•FR•Y O i ' _ Ea i PUB `\U i S N.�:. :' ......�0 „ in2mo -Joe or STATE OF COLORADO - ) ) ss. COUNTY OF LARIMER The foregoing insuvmcnl was acknowledged before me this day of.lunc, 2000. by Craig C. I-Imi, President of 1mcgrated Equities, Inc., a Colorado Corporation, as Manager of TIMBERLINE STAR PROPERTIES. L.L.C., a Colorado Limitcd Liability Company. `s��uunmrnp�� WITNESS my hand and official seal. .k-• ..............' .:• �P�Yo My commission expires Notary Public rrint��� Accepted by The City of Fort Collins, Colorado, on tlrc day of , 2006. City Clcrk ATTORNEY'S CERTIFICATION I hereby certify that the forcgoing Dccd has been duly exeeutcd as required pursuant to Section 2.2.3 (C)(3)(a) through (c) inclusive of the Land Use Code of the City of 1=01 t Collins and that all persons signing this Dccd on behalf of a corporation or other entity arc duly authorized signatories under the laws of the Slate of Colorado. This Certification is based upon the records of the Clerk and Recorder of Larimer County, Colorado as of the date of cxcculion of the deed and other information discovered by me - through reasonable inquiry and is limited as authorized by Scclion 2.2.3 (C)(3)(0 of the Land Usc Code. Timothy W. Has cr Hasler, Fonfara and Maxwcll LLP Post Office Box 2207 Fort Collins, CO 80522 Registration No. 1958 (1.4/no - aua'.) PROPERTY DESCRIPTION ExhibitA Timberline Star Properties, LLC (I of 2) A parcel of land, for Slope and Di ainage Easement purposes, being part of that parcel of land described in that Special Warranty Deed (SWD) recorded December 22, 1994 as Reception No. 94100658 of the records of the Larimer County Clerk and Recorder (LCCR) and being part of the Northeast Quarter (NEl/4) of Section Nineteen (19), Township Seven North (T.7N.), Range Sixty- eight West (R.68W.) of the Sixth Principal Meridian (6" P.M.), City of Fort Collins, County of Latimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 19 and assuming (he East line of said NEl/4 as bearing South 00013'42" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2679,27 feet with all other bearings contained herein relative thereto: THENCE South 00°13'42" East along said East line a distance of 1632.07 feet; THENCE South 89e46'18" West a distance of 30.00 feet to the West Right -Of -Way (ROW) of Timberline Road, said point being the Northeast corner of that parcel of land described in said SWD; THENCE South 88'05'18" West along the North line of that parcel of land described in said SWD a distance of 31.53 feet to the POINT OF BEGINNING; THENCE South 01'52'41" West a distance of 44.60 feet; THENCE South 02°25'10" West a distance of 237.35 feet; TI-IENCE South 08'12'39" West a distance of 9.75 feet; THENCE South 89°02'36" West a distance of 20.82 feet; THENCE South 00°58'27" East a distance of 40.79 feet; THENCE South 88°56'43" West a distance of 34.33 feet; THENCE North 01°14'46" West a distance of 7.10 feet; THENCE North 43°45' 14" East a distance of 36.02 feet; THENCE North 02°28'53" East a distance of 299.30 feet to said North line; THENCE North 88°05' 18" East along said North line a distance of 29.62 feet to the POINT OF BEGINNING. Said parcel contains 9.629 sq. ft. or 0.221 acre, more or less (t), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Steven A. Lurid, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to tlyeluet-4g4knowledge and belief. / aPDCt Steven A. LuniAi;kb I9.6W-of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 IN: 2004208 tvIA200420MIegal deseriptians\TIMBERLINE-STAR-SLOPE+DRAIN-2-LEGAL-DESC.doc Last printed 3/16/2006 8:57 AM I,lor o) SLOPE & DRAINAGE EASEMENT II I II I I I � THE C07'01-f0ATC01-LI 600.f'/JSSPlvl 7 REC A'O .flOV II I POINT OF BEGINNING „111,�. I L LLOI N-I J L28 III I II II I I I II II II I II I II I II II II u�I I N J I I II II II I II I II II II II II II II II II I I-� II I I II I I i /f: lfA/E.fTEA1rLE; I I A.U<FLEAI/1Grf CO A£C'A'O 97Q67S// I EXHIB�7 T_77 T TIMBERLINE STAR PROPERTIES, LLC IT A No" SEC. 19, T.7N., R.68W. NORTHEAST CORNER f2 OF 2) SEC. 19. T.7N., R.68W. POINT OF COMMENCEMENT wl I NIh I d o I � N '1 pl tC O I L1' .1 111"' I I I I I n z m,nn mn o m z ovo6d n �m of n a n N a n n N ..1 p.W-1 O 33 333w3 3 ww E- Q +,Noo,vmi vmi ,a? P LL1 rn m wmOUJ 'z m yl N 1A 1/i 1n ON (/1 Z Z Z z .a _ N ry a N i0 n m P O J J J J J J J N n J FOUND 2" ALUM. PIPE W/3 1/4" ALUM. CAP STAMPED 17497 IN MONUMENT BOX NOT ACCEPTED AS .QUARTER CORNER EAST QUARTER CORNER I SEC. 19, T.7N., R.6EW. 1--SET 86 REBAR W/3 1/4" ALUM. CAP STAMPED PER ELM INSTRUCTIONS AND "LUND LS34995" IN MONUMENT BOX i XING SURVEYORS, INC. PROJECT 16 2004208 006 DATE:03/16/2006 �. 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT: INTERWEST PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG; EXHIBIT -TIMBERLINE -STAR WWW.KINGSURVEYORS.COM DRAWN: MCD CHECKED: SAL FOUND 2" ALUM. PIPE W/3 1/4" ALUM. CAP STAMPED 17497 IN MONUMENT BOX NOT ACCEPTED AS .QUARTER CORNER EAST QUARTER CORNER I SEC. 19, T.7N., R.6EW. 1--SET 86 REBAR W/3 1/4" ALUM. CAP STAMPED PER ELM INSTRUCTIONS AND "LUND LS34995" IN MONUMENT BOX i XING SURVEYORS, INC. PROJECT 16 2004208 006 DATE:03/16/2006 �. 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT: INTERWEST PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG; EXHIBIT -TIMBERLINE -STAR WWW.KINGSURVEYORS.COM DRAWN: MCD CHECKED: SAL