HomeMy WebLinkAbout20170139.tiffMEMORANDUM
TO: Clerk to the Board DATE: January 3, 2017
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: Niobrara Boulevard Right of Way Dedication
Approval of Deed of Dedication between Weld County and Cornerstone Development (Colorado),
LLC.
This Deed of Dedication is being presented to clean up and clarify the right of way for Niobrara
Boulevard adjacent to Lot A of RECX12-0056. The right of way as shown the Weld County
Industrial Park MINF12-0001 plat recorded at reception number 3989177 includes 50' of right of
way on Lot A of RECX 12-0056 owned by Cornerstone Development. Lot A of RECX 12-0056 was
not part of the Weld County Industrial Park MINF 12-0001 subdivision plat so therefore, the right of
way cannot be dedicated by the plat of record.
See planning case number PL2147.
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2017-0139
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DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS THAT:
CORNERSTONE DEVELOPMENT (COLORADO), LLC, a Colorado limited liability
company ("Grantor") the address of which is 385 Interlocken Crescent, Suite 250, Broomfield,
CO 80021, for and in consideration of the sum of Ten Dollars in hand paid and other good and
valuable consideration the receipt and adequacy of which are hereby confessed and
acknowledged does hereby quitclaim, convey, dedicate and transfer to WELD COUNTY,
COLORADO, a body corporate and politic of the State of Colorado ("Grantee"), the address of
which is 1150 "O" Street, Greeley, CO 80631, all of the real property legally described on
Exhibit "A" attached hereto and incorporated herein by reference, which real property is
commonly known as Niobrara Boulevard as shown on the plat of the Weld County Industrial
Park MINF 12-0001 recorded January 10, 2014 at reception number 3989177 of the Weld
County, Colorado records (the "Property");
Grantor makes no representations or warranties regarding title to the Property, including
the presence of any liens or encumbrances, claims of parties in possession by easement, right of
way or fee title whether by instrument of record or not.
Dated this 30th day of September, 2016.
CORNERSTONE DEVELOPMENT
(COLORADO), LLC, a Colorado limited liability
compan
By:
(, rj1
v�
Neville Vere Nicoll, President
s•
2 STATE OF COLORADO
U3
r COUNTY OF BROOMFIELD
M
O
U
)ss:
)
The foregoing instrument was acknowledged before me this 30t1' day of September, 2016
by Neville Vere Nicoll, President of CORNERSTONE DEVELOPMENT (COLORADO), LLC,
a Colorado limited liability company.
Witness my hand and official seal.
My Commission Expires: — Ita' I g
4818-8547-6405.3
9/30/16 08:59 AM
Notary Public
�(u„(c-- °ZV7 039
LAURA FRANK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19944001698
MY COMMISSION EXPIRES FEBRUARY 16, 2018
EXHIBIT "A"
LEGAL DESCRIPTION DEED OF DEDICATION 50 FOOT R.O.W. ON LOT A OF RECX12-0056 FOR
NIOBRARA BOULEVARD:
A TRACT OF LAND IN LOT A OF RECX12-0056 LYING IN THE NW 1/4 OF SECTION 23, TOWNSHIP 4
NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING; ASSUMING THE WEST LINE OF THE NW 1/4 OF SECTION 23, TOWNSHIP 4
NORTH, RANGE 66 WEST OF THE 6TH P.M., TO BEAR NORTH 00°06'03" EAST BETWEEN A 2 1/2"
ALUM. CAP PLS 34176 ON THE SOUTH END AND A 2 1/2" ALUM. CAP PLS 34176 ON THE NORTH END,
AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 23, TOWNSHIP 4 NORTH, RANGE
66 WEST;
THENCE ALONG THE WEST LINE OF THE NW 1/4 OF SAID SECTION 23,
N 00°06'03" E FOR A DISTANCE OF 846.30 FEET TO A POINT ON THE CENTERLINE OF NIOBRARA
BOULEVARD AS SHOWN ON THE PLAT OF WELD COUNTY INDUSTRIAL PARK MINF12-0001
RECORDED JANUARY 10, 2014 AT RECEPTION NO. 3989177;
THENCE ALONG SAID CENTERLINE, N 90°00'00" E FOR A DISTANCE OF 74.70 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID CENTERLINE THE FOLLOWING TWO COURSES AND
DISTANCES;
1. N 90°00'00" E FOR A DISTANCE OF 546.63 FEET TO A POINT OF CURVATURE;
2. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1216.38 FEET, A CENTRAL ANGLE OF
40°43'43", FOR AN ARC LENGTH OF 864.66 FEET, THE CHORD OF WHICH BEARS N 69°39'57" E
FOR A DISTANCE OF 846.57 FEET;
THENCE DEPARTING SAID CENTERLINE ALONG THE EAST LINE OF LOT A OF RECX12-0056,
N 50°54'57" W FOR A DISTANCE OF 50.84 FEET;
THENCE DEPARTING SAID EAST LINE, ALONG A LINE PARALLEL WITH AND 50 FEET NORTH OF
THE CENTERLINE OF SAID NIOBRARA BOULEVARD THE FOLLOWING TWO COURSES AND
DISTANCES;
1. ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1166.38 FEET, A CENTRAL ANGLE OF
40°17'08", FOR AN ARC LENGTH OF 820.10 FEET, THE CHORD OF WHICH BEARS S 69°53'15" W
FOR A DISTANCE OF 803.31 FEET;
2. N 90°00'00" W FOR A DISTANCE OF 546.54 FEET TO A POINT ON THE WEST LINE OF SAID
LOT A;
THENCE DEPARTING SAID PARALLEL LINE, S 00°06'05" W FOR A DISTANCE OF 50.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1.60 ACRES.
4277367 Pages: 2 of 5
02/10/2017 10:13 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Ilk IV N kti I1 ll1
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights -of -Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this q.71- day of , 2017.
ATTEST: diakA) to;f1
BY:
CLERK TO THE BOARD
C
uty Clerk to the Boar
STATE OF COLORADO )
)ss
COUNTY OF WELD )
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
Julie A. Cozad, Chair
JAN 0 9/2017
The foregoing instrument was acknowledged before me this "J day of
, 2017 by Julie A. Cozad, CHAIR OF THE BOARD OF COUNTY
MISSION:.' S OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires:
62p Voz 0/
4277367 Pages: 3 of 5
02/10/2017 10:13 AM R Fee:$0.00
Car1Y KoPPes, Clerk and Recorder, Weld County CO
CHERYL LYNN HOFFMAN
NOTAW ' Pd' • i C
STATE OF .ti,a„aa
NOTARY ID .%U1..;..:-J4vu44
MY COMMISSION cXt',RL:d SEC. 19, 2018
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CONSENT AND SUBORDINATION
GOLDMAN SACHS BANK USA (the "Lender") being the holder of a
promissory note in the original principal amount of $2,620,000.00 made and executed by
the Grantor which promissory note is secured by a Deed of Trust recorded May 18, 2015
at Reception number 4108105 of the Weld County, Colorado records, an Assignment of
Leases and Rents recorded May 18, 2015 at Reception number 4108106 of the Weld
County, Colorado records and a Financing Statement recorded May 21, 2015 at reception
number 4108978 of the Weld County, Colorado records (collectively the "Security
Instruments"). The Lender hereby consents and agrees to the foregoing Deed of
Dedication and subordinates the priority of the Security Instruments to the Deed of
Dedication.
GOLDMAN SACHS BANK USA
By: /
Title: efJ 0 Sici,'n
STATE OF New )orK )
)ss:
COUNTY OF New yo{K )
The foregoing instrument was acknowledged before me this 3 #'day of
I u S fa'
2016, by Cos i'
&& L C Zvi S , as or, 7i Sr+ c tfJof
GoldanSachs Bank US.
Witness my hand and official seal.
My Commission Expires: 2 /1V% $"
4277367 Pages: 5 of 5
02/10/2017 10:13 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
4818-8547-6405.1
8/30/16 03:48 PM
Notary Publi
Penny L Bellantoni
Notary Public, State of New York
No. 01 BE6140930
Qualified in Orange County
Commission Expires: 02-13-2018
2
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