HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2003 - FIRST READING OF ORDINANCE NO. 128, 2003, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 13
September 16, 2003
FORT COLLINS CITY COUNCIL DATE: Sep
STAFF: Ralph Campano
Kathleen Reavis
SUBJECT:
First Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Mason Transportation Corridor Trail Project.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
Property acquisition costs will be covered by available project funds, even if condemnation is
required.
EXECUTIVE SUMMARY:
The project components include the construction of a bicycle/pedestrian trail and associated
lighting and landscaping improvements along the Burlington Northern Santa Fe (BNSF) Railway
corridor from Harmony Road south to the future Fossil Creek trail, a distance of approximately
3/4 mile.
This ordinance does not automatically result in the filing of a petition in eminent domain; it
simply allows staff to use the process if good faith negotiations fail to result in an agreement
between the City and the affected property owners. Staff is hopeful that all acquisitions will be
accomplished by agreement. This process does not apply to the negotiations between the City
and BNSF; it would only apply to any private property owners along the corridor where land
may be needed permanently for the trail or just during the construction process.
To utilize the State funding, all right-of-way (ROW) must be acquired prior to advertising the
project for construction. Therefore, in the event that eminent domain proceedings need to be
used, it is critical that this ordinance be in place to limit any possible delays.
ern r 2003 DATE: ITEM NUMBER: 13
Staff will follow the standard City acquisition process:
a. Conduct an internal value finding. If the preliminary valuation of the property indicates
that the value of property acquired exceeds $5,000. Staff will order appraisals for the
affected properties from a certified appraiser in accordance with Federal regulations.
b. Provide each property owner with the opportunity to meet on-site with the appraiser, if
applicable.
C. Mail and/or hand deliver letters of intent to the owners with written offers based on the
internally prepared value findings or appraisals received.
d. Negotiate in good faith to reach mutually acceptable agreements.
e. Inform the owners that they always have the right to consult with their own appraiser
and/or attorney at any time in the process.
BACKGROUND:
In October 2000, the City Council approved the overall Master Plan for the Mason
Transportation Corridor ("MTC), including the Bus Rapid Transit (BRT) alternative and the
bicycle/pedestrian improvements.
Based on this Master Plan, the MTC is a five and r/z mile north-south byway within the City of
Fort Collins which extends from Cherry Street on the north to approximately 3/a mile south of
Harmony Road. The MTC for most of its length is situated within the BNSF ROW and is
centered along the railway tracks, located a few hundred feet west of College Avenue (US287).
Long term, the MTC is envisioned as a transportation corridor that will enhance opportunities for
pedestrians, bicyclists, and transit riders. The MTC will offer choices for improved mobility and
benefit all modes of transportation. It will also encourage infill development opportunities
adjacent to the corridor.
The initial phases of the MTC Project are funded in part by the City's 1997 Building Community
Choices '/a cent sales tax. The 1997 ballot language reads:
"There is currently no transportation corridor dedicated to the north-south flow
of bicycles, buses, and pedestrians. Mason Street from Cherry Street to Harmony
Road is envisioned as the cty's first such transportation corridor, and would be a
roadway for the exclusive use of buses, bicyclists, and pedestrians. Depending
upon acquisition of the necessary right-of-way, the corridor would extend for
nearly six miles along the Burlington Northern Santa Fe Railroad right-of-way.
Phase 1 is the engineering/design studies and acquisition of rights-of-way. Phase
2 is the construction of a bike and pedestrian way from Prospect to Harmony
Road. Public transit would be added as funding is available."
In addition, the MTC project has received grant funding from Colorado Department of
Transportation Congestion Mitigation & Air Quality funds for the trail system south of Harmony
Road to connect with the City's Fossil Creek Trail.
The total funding currently programmed for the MTC project is $7.7 million which is intended to
cover the planning, design, engineering, and environmental analysis for the corridor. In addition,
ep em r
DATE: ITEM NUMBER: 13
these existing funds will be used to construct a portion of the bicycle/pedestrian trail system
along the southern portion of the corridor, from the Spring Creek Trail to the Fossil Creek Trail.
The City was also seeking Federal Transit Administration "New Starts Program" grant funds and
additional local funding to cover the costs associated with the Bus Rapid Transit component of
the MTC project, however with the outcome of the April 2003 election, staff is no longer
pursuing this process due to the lack of short-term matching funds that would be required by the
federal New Starts program.
The total cost estimate, based on the conceptual MTC Master Plan, is approximately$66 million.
This cost estimate includes the BRT and bicycle/pedestrian elements of the MTC. The new cost
estimate for the portion of the MTC that includes only the bicycle/pedestrian trail system south
of Prospect will be determined within the next two months based on the next stages of the
design/engineering process. It is anticipated that this trail portion of the project will be less than
$2 million based on similar cost estimates for the City's other trails such as the Poudre River,
Spring Creek, and Power trails. At this time, it is unlikely that the City will be able to afford
building the bicycle/pedestrian trail underpasses at the arterial streets as shown in the MTC
Master Plan. Staff is hoping to be able to include the east/west pedestrian/bike trail underpasses
at Troutman and/or at the University MaRINRRC site as part of this initial phase of the project.
Depending upon the engineering cost estimates, staff will determine if either of these
underpasses can be included in the initial trail project. If the City cannot afford these elements
of the project at this time, staff will continue to seek other forms of grant funding so that they
can be added to the trail system in the future.
j Right-of-Way (ROW) Issues
BNSF owns only a railroad easement, rather than a fee simple (full) ownership of the railroad
ROW. Therefore, acquiring the ROW to build a City trail within the railroad ROW requires
dealing with two sets of property owners:
1) BNSF Railway Company; and
2) the owners of the underlying land that is encumbered by the railroad easement.
These property owners are called"the underlying fee owners".
The City Attorney's office is working with BNSF to reach an agreement that would allow the
City to build a trail within the area encumbered by the railroad easement. This agreement is
being negotiated on a voluntary basis and eminent domain is not required.
Transportation staff, Real Estate Services and the City Attorney's office will work to acquire a
trail ROW easement on land owned by the underlying fee owners. The process is complicated
by ownership issues of the property.
The underlying fee owners (south of Harmony Road) can be separated into two distinct groups:
1) Fee owners who own land from College Avenue to the centerline of the
railroad. These owners have the westemmost strip of their land
encumbered by a railroad ROW easement (2 properties); and
DATE: ITEM NUMBER:
2) Fee owners who only own a 50' to 100' wide strip of land that is 100%
encumbered by the railroad ROW easement (8 properties). The process
by which these unusual parcels were created is summarized as follows:
The railroad ROW was acquired in the late 1800s and measures either 100' or
200' wide (50' to 100' from both sides of the railroad centerline). Staff has
researched the chain of title on 10 properties located south of Harmony Road.
Research shows that up until the 1950s, the parcels were subdivided and sold with
the railroad centerline being the western property boundary. Starting in 1954,
eight of the land owners began selling their properties with the western property
boundary only extending to the railroad ROW line, not the railroad centerline.
Therefore, the sellers never technically sold the property between the railroad
centerline and the railroad ROW line. This area corresponds with the area in
which the City wishes to build the trail; and the properties are referred to as "un-
sold remnant Darcels". Two properties along the corridor still own land to the
centerline.
Because the owners of the "un-sold remnant parcel" are most likely unaware that they own these
parcels, it is likely that the chain of ownership has become clouded. Multiple owners have likely
been created through estate transfers. Therefore, the acquisition of easements on these properties
may be impossible unless eminent domain is used.
Schedule
City staff and the consulting team of Felsburg Holt & Ullevig (FHU) are wrapping up the
Preliminary Engineering/Environmental Analysis phase of the MTC project. Staff will have a
refined cost estimate for the bicycle/pedestrian trail system by the end of September. By fall
2003, staff and FHU will have completed the final engineering phase for the trail system. It is
anticipated that the MTC bicycle/pedestrian trail system south of Harmony will be completed by
early 2004 and the MTC trail north of Harmony to the Spring Creek Trail will be completed in
the Spring of 2004. This schedule is contingent upon the right-of-way negotiation process with
the Burlington Northern Santa Fe Railroad, however staff anticipates that this process can be
completed within this timeframe.
ATTACHMENTS:
1. MTC Trail Project Area Map
2. Legal Descriptions
ORDINANCE NO. 128, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE MASON TRANSPORTATION
CORRIDOR TRAIL PROJECT
WHEREAS, the Mason Transportation Corridor Trail Project (the "Project") is scheduled
to start in early 2004; and
WHEREAS, the Project includes the construction of a bicycle/pedestrian trail and lighting
and landscape improvements along the Burlington Northern Santa Fe Railway corridor from
Harmony Road south to the future Fossil Creek trail; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing the trail and associated improvements; and
WHEREAS,the City will negotiate in good faith for the acquisition of said properties from
the owners thereof; and
WHEREAS,the acquisition of the properties is desirable and necessary for the construction
of the Project, is in the City's best interest and enhances the public health, safety and welfare; and
WHEREAS, the acquisition of such properties may, by law, be accomplished through
proceedings in eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the
public interest to acquire the real property described on attached Exhibits"A" through "G",copies
of which are on file in the office of the City Clerk and incorporated herein by this reference, for the
purpose of constructing the Project and other related improvements for the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the said real property for the City by eminent domain
proceedings.
Section 3, The City Council finds,in the event that acquisition by condemnation of any
parcel described in this Ordinance is commenced, that immediate possession is necessary for the
public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 16th day of
September, A.D. 2003,and to be presented for final passage on the 7th day of October, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of October, A.D. 2003.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
LOCATION SKETCH
ARBOR PROPERTIES, LTD.
NE CORNER
2-6-69
W. HARMONY RD.
S89'54'45"E N8954'45"W-955.64'
`rN`r S01*03'52"W
00 00. 60.01'
I �NW CORNER
IARBOR PLAZA PUD
I
TEMP. CONS'T. ESM'T.
FOR MASON
TRANSPORTATION
CORRIDOR TRAIL
CL RR I N 13730 SQ. FT.
O
I m
m C)
I I
N I 3
N
n N
n n
p „ rn
Q- O
N ^ N N
Z PERM. EASEMENT
FOR MASON
I TRANSPORTATION
CORRIDOR TRAIL
22894 SQ. FT.
I
I NTS
SW CORNER SEPTEMBER 3, 2003
**'
ARBOR PLAZA PUD —
Ioo
I �N.
N88'43'34"W I THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
BNSF RR NONUMENTED BOUNDARY SURVEY.
ROW U:\S7V4PRQO\WALLY\DWG\AWORPROP.DM
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE ARBOR PROPERTIES, LTD. , A COLORADO
LIMITED PARTNERSHIP PROPERTY TO BE GRANTED TO THE CITY OF FORT
COLLINS
A Permanent Easement for the Mason Transportation Corridor Trail
located in the northeast quarter of Section 2 , Township 6 North,
Range 69 West, Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, the said easement is also located in that
certain tract of land described in a Warranty Deed recorded June
24 , 1971 in Book 1466 at Page 313 records of the Clerk and Recorder
of the said Larimer County, the said easement is also a portion of
the Burlington Northern Sante Fe Railroad right of way through the
said Section 2 , being more particularly described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P. S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the east right of way of the said railroad, and to
the northerly extension of the west line of Arbor Plaza P.U.D. a
plat of record with the Clerk and Recorder of the said Larimer
County;
THENCE along the east right of way, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the north
west corner of the said Arbor Plaza P.U.D. and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the said east right of way and along the west
line of the said Arbor Plaza P.U.D. , South 01 degrees 03 minutes 52
seconds West for a distance of 916 . 02 feet to the southwest corner
of the said Arbor Plaza P.U.D. ;
THENCE along the westerly extension of the south line of the
said Arbor Plaza P.U.D. , North 88 degrees 43 minutes 34 seconds
West for a distance of 25 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 915 . 50 feet to the westerly extension of the north line
of the said Arbor Plaza P.U.D. ;
THENCE along the said westerly extension, South 89 degrees 54
minutes 45 seconds East for a distance of 25 . 00 feet to the point
of beginning. Containing 22894 square feet more less .
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 80522
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE ARBOR PROPERTIES,
LTD. , A COLORADO LIMITED PARTNERSHIP PROPERTY TO BE GRANTED TO THE
CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West, Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, the said easement is also
located in that certain tract of land described in a Warranty Deed
recorded June 24 , 1971 in Book 1466 at Page 313 records of the
Clerk and Recorder of the said Larimer County, the said easement is
also a portion of the Burlington Northern Sante Fe Railroad right
of way through the said Section 2 , being more particularly
described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P. S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the east right of way of the said railroad, and to
the northerly extension of the west line of Arbor Plaza P.U.D. a
plat of record with the Clerk and Recorder of the said Larimer
County;
THENCE along the east right of way, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the north
west corner of the said Arbor Plaza P .U.D. ;
THENCE along the westerly extension of the north lire of the
said Arbor Plaza P.U. D. , North 89 degrees 54 minutes 45 seconds
West for a distance of 25 . 00 feet to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said westerly extension, North 89
degrees 54 minutes 45 seconds West for a distance of 15 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 915 . 19 feet to the westerly extension of the south line
of the said Arbor Plaza P.U.D. ;
THENCE along the said extension, South 88 degrees 43 minutes
34 seconds East for a distance of 15 . 00 feet to the west line of
the proposed Permanent Easement to be granted to the said City of
Fort Collins;
THENCE along the said proposed west line, North 01 degrees 03
minutes 52 seconds East for a distance of 915 . 50 feet to the point
of beginning. Containing 13730 square feet more less .
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 80522
EXHIBIT "B"
LOCATION SKETCH
MATMAR FC PARTNERSHIP PROPERTY
NE CORNER
2-6-69
W. HARMONY RD.
N89'54'45'W-955.64'
S010352-W
60.01'
NW CORNER
IRBOR PLAZA PUD
(LOT 3) N 20.0045'W
iv TEMP. CONST N88'56'08"W
I EASEMENT 3.21'
a 10025 SQ. FT.
I e
3 N ru
Of N n0 O'p
N I MO ap
i7 W .O6
O
O cn Z^
U) Q
I z 2.32'
PERM. EASEMENT
FOR THE MASON ST. SW CORNER
TRANSPORATION LOT 3
CORRIDOR
52 SO. FT. DETAIL
SEE DETAIL
SW CORNER �S88'43'34"E
LOT 3 20.00'
N
SW CORNER/ NTS
ARBOR PLAZA PUD
AUGUST 27, 2003
BNSF RR
ROW THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
I I AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
U:\S7WPROJ\WALLY\DWC\MATMAR.DWO
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED IN MATMAR FORT COLLINS
PARTNERSHIP PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2,
Township 6 North, Range 69 West, Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, the said easement is also
located in Lot 3 of the plat of Arbor Plaza P .U.D. a plat of record
with the Clerk and recorder of the said Larimer County, being more
particularly described as follows ;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25 " Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P.S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D. ;
THENCE along the said northerly extension, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the
northwest corner of the said Lot 3 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the west line of the said Lot 3 , South 01 degrees
03 minutes 52 seconds West for a distance of 501 . 02 feet to the
southwest corner of the said Lot 3 ;
THENCE along the south line of the said Lot 3 , South 88
degrees 43 minutes 34 seconds East for a distance of 20 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 501 . 44 feet to the north line of the said Lot 3 ;
THENCE along the said north line, North 89 degrees 54 minutes
45 seconds West for a distance of 20 . 00 feet to the point of
beginning. Containing 10025 square feet more less .
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 80522
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED IN MATMAR FORT COLLINS PARTNERSHIP PROPERTY
TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Permanent Easement for the Mason Transportation Corridor Trail
located in the northeast quarter of Section 2, Township 6 North,
Range 69 West, Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, the said easement is also located in Lot
3 of the plat of Arbor Plaza P .U.D. a plat of record with the Clerk
and recorder of the said Larimer County, being more particularly
described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2, based upon G. P .S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D. ;
THENCE along the said northerly extension, and along the west
line of the said Lot 3 Arbor Plaza P.U.D. , South 01 degrees 03
minutes 52 seconds West for a distance of 542 . 71 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said west line of Lot 3 , South 01
degrees 03 minutes 52 seconds West for a distance of 16 . 00 feet;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 3 . 23 feet;
THENCE North 01 degrees 00 minutes 06 seconds East for a
distance of 16 . 00 feet ;
THENCE North 88 degrees 56 minutes 08 seconds West for a
distance of 3 . 21 feet to the point of beginning. Containing 52
square feet more less .
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 80522
EXHIBIT "C"
LOCATION SKETCH
WALMART REAL ESTATE BUSINESS TRUST
NE CORNER
2-6-69
W. HARMONY RD.
N89'54'45"W-955.64'
S01'03'52"W
60.01'
NW CORNER
RBOR PLAZA PUD NW CORNER
(LOT 3) LOT 2
N
I O
� J*C"44
N0 856'08"W
• 3.36'
6
00
p(6
S88'43'34"E
20.00' i8'
NW CORNER PERM. EASEMENT AIL
LOT 2 FOR THE MASON ST.
I TRANSPORTATION
CORRIDOR ry
0 54 SQ. FT.
ui SEE DETAIL
I
3
� O
0 0 ^i TEMP. CONST.
SW CORNER N 8300SSo. FT
ARBOR PLAZA PUD Z
LOT 2 NTS
AUGUST 28, 2003
BNSF RR
ROW S88'43'340E THIS SKETCH AND THE AREAS
20,00' SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUAIENITD BOUNDARY SURVEY.
U:\S7WPRCJ\WALLY\DWG\WMAIARr-OM
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED IN WAL-MART REAL ESTATE BUSINESS TRUST
PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Permanent Easement for the Mason Transportation Corridor Trail
located in the northeast quarter of Section 2 , Township 6 North,
Range 69 West, Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, the said easement is also located in Lot
2 of the plat of Arbor Plaza P .U.D. a plat of record with the Clerk
and recorder of the said Larimer County, being more particularly
described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P . S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D. ;
THENCE along the said northerly extension, and along the west
line of the said Arbor Plaza P .U.D. , South 01 degrees 03 minutes 52
seconds West for a distance of 561 . 03 feet to the northwest corner
of the said Lot 2;
THENCE along the west line of the said Lot 2 , South 01 degrees
03 minutes 52 seconds West for a distance of 121 . 38 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said west line of Lot 2, South 01
degrees 03 minutes 52 seconds West for a distance of 16 . 00 feet;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 3 . 38 feet;
THENCE North 01 degrees 00 minutes 06 seconds East for a
distance of 16 . 00 feet;
THENCE North 88 degrees 56 minutes 08 seconds West for a
distance of 3 . 36 feet to the point of beginning. Containing 54
square feet more less .
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 80522
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED IN WAL-MART REAL ESTATE
BUSINESS TRUST PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West, Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, the said easement is also
located in Lot 2 of the plat of Arbor Plaza P.U.D. a plat of record
with the Clerk and recorder of the said Larimer County, being more
particularly described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P .S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D. ;
THENCE along the said northerly extension, and along the west
line of the said Arbor Plaza P .U.D. , South 01 degrees 03 minutes 52
seconds West for a distance of 561 . 03 feet to the northwest corner
of the said Lot 2 and to the TRUE POINT OF BEGINNING of this
description;
THENCE along the west line of the said Lot 2 , South 01 degrees
03 minutes 52 seconds West for a distance of 415 . 00 feet to the
southwest corner of the said Lot 2 ;
THENCE along the south line of the said Lot 2 , South 88
degrees 43 minutes 34 seconds East for a distance of 20 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 415 . 00 feet to the north line of the said Lot 2 ;
THENCE along the said north line, North 88 degrees 43 minutes
34 seconds West for a distance of 20 . 00 feet to the point of
beginning. Containing 8300 square feet more less .
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 COLOR-ADO P . L. S . 17497
P .O . BOX 580 FORT COLLINS, CO 80522
EXHIBIT "D"
LOCATION SKETCH
SPRADLEY/BARR LLC.
NE CORNER
2-6-69
I 0 o 00
n Sri
N88'43'34"W I oo rn
.00. 0o.
N8843'340W-958.05'
W
I �
TEMP. CONST. ESM'T. L LJ
I FOR MASON W
TRANSPORTATION J
I o CORRIDOR TRAIL J
0 6750 SQ.FT.Lo
O
I 3 0
N O
in to to
t N
3
En Of cli
` � N
En
rn 0
I o to �1
0
rn o
z
PERM. EASEMENT
FOR MASON
TRANSPORTATION N T S
CORRIDOR TRAIL
I 11250 SQ.FT.
AUGUST 28, 2003
BNSF R
ROW THIS SKETCH AND THE AREAS
00 00 SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
S88'43'34"EI MONUMENTED BOUNDARY SURVEY.
U:\S7WPROJ\'A'ALLY\DwG\SPRAmzraARR.DwG
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE SPRADLEY/BARR, LLC. PROPERTY TO BE
GRANTED TO THE CITY OF FORT COLLINS
A Permanent Easement for the Mason Transportation Corridor Trail
located in the northeast quarter of Section 2, Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said easement is also a
portion of that certain tract of land described in a Warranty Deed
recorded May 27, 1997 at Reception No. 97033058 records of the
Clerk and Recorder of the said Larimer County, the said easement is
also located in the Burlington Northern Santa Fe Railroad right of
way, being more particularly described as follows ;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
995 . 83 feet to the north line of the said tract described at
Reception No. 97033058 ;
THENCE along the said north line, North 88 degrees 43 minutes
34 seconds West for a distance of 958 . 05 feet to the east right of
way of the said Burlington Northern Santa Fe Railroad and to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 25 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 450 . 00 feet to the south line of the said tract
described at Reception No . 97033058 ;
THENCE along the said south line, South 88 degrees 43 minutes
34 seconds East for a distance of 25 . 00 feet to the said railroad
right of way;
THENCE along the said right of way, North 01 degrees 03
minutes 52 seconds East for a distance of 450 . 00 feet to the point
of beginning. Containing 11250 square feet more less .
The above described tract 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 80522
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE SPRADLEY/BARR, LLC.
PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said easement
is also a portion of that certain tract of land described in a
Warranty Deed recorded May 27, 1997 at Reception No. 97033058
records of the Clerk and Recorder of the said Larimer County, the
said easement is also located in the Burlington Northern Santa Fe
Railroad right of way, being more particularly described as
follows ;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2 , and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
995 . 83 feet to the north line of the said tract described at
Reception No. 97033058 ;
THENCE along the said north line, North 88 degrees 43 minutes
34 seconds West for a distance of 983 . 05 feet to the west line of
the proposed Permanent Easement for the Mason Transportation
Corridor Trail and to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 15 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 450 . 00 feet to the south line of the said tract
described at Reception No. 97033058 ;
THENCE along the said south line, South 88 degrees 43 minutes
34 seconds East for a distance of 15 . 00 feet to the said proposed
west line;
THENCE along the said proposed west line, North 01 degrees 03
minutes 52 seconds East for a distance of 450 . 00 feet to the point
of beginning. Containing 6750 square feet more less .
The above described tract 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 80522
EXHIBIT
LOCATION SKETCH
CHOATE PROPERTY
NE CORNER
2-6-69 3
in 7
o Ln
in ri
;o rn
0
0
W V)
Lo
U)
in o^
N88'36'55"W 588 07'05"W
00 Ci 396.85'
�s 2S O o
.0 fn
0o O• N88'36'55"W
I566.26'
I
I
PERM. EASEMENT
FOR MASON
NSF Rf� TRANSPORTATION
CORRIDOR TRAIL
ROW 36309 SQ.FT.
I M -
in
cV M
� � N
Ln
3 � Lal A�6y
Y I
I M 3 04
n
o � pnOoQo�
p rn O
I � o
0
o Z
TEMP. CONST. ESM'T.
FOR MASON N T S
TRANSPORTATION
ICORRIDOR TRAIL 21787 SQ.FT. AUGUST 28, 2003
I
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
00• 00, MONUMENTED BOUNDARY SURVEY.
S88'56'08"E
U:\57WPROJ\WALLY\DWO\CHDATE.DWC
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE CHOATE PROPERTY TO BE GRANTED TO THE
CITY OF FORT COLLINS
A Permanent Easement for the Mason Transportation Corridor Trail
located in the east half of Section 2 , Township 6 North, Range 69
West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, the said easement is also a portion of that
certain tract of land described in a Warranty Deed recorded June
27, 1952 in Book 933 at Page 165 records of the Clerk and Recorder
of the said Larimer County, the said easement is also located in
the Burlington Northern Santa Fe Railroad right of way, being more
particularly described as follows ;
Considering the east line of the northeast quarter of the said
Section 2 as bearing South 00 degrees 55 minutes 05 seconds West,
between a LS 20123 Aluminum Cap Monument at the northeast corner of
Section 2 and a LS 17664 Aluminum Cap Monument at the east quarter
corner of the said Section 2 , and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Section 2;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1953 . 53 feet to the northeast corner of the said tract described in
Book 933 at page 165 ;
THENCE along the north line of the said tract, South 88
degrees 07 minutes 05 seconds West for a distance of 396 . 85 feet;
THENCE continuing along the said north line, South 00 degrees
O5 minutes 55 seconds East for a distance of 102 . 70 feet;
THENCE continuing along the said north line, North 88 degrees
36 minutes 55 seconds West for a distance of 566 . 26 feet to the
east line of the said Burlington Northern Santa Fe Railroad right
of way, and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 88 degrees
36 minutes 55 seconds West for a distance of 25 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 1452 . 45 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 25 . 00 feet to the said east railroad right of way;
THENCE along the said east right of way, North 01 degrees 03
minutes 52 seconds East for a distance of 1452 . 31 feet to the point
of beginning. Containing 36309 square feet more less .
The above described tract 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 80522
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE CHOATE PROPERTY TO BE
GRANTED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the east half of Section 2 , Township 6
North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said easement is also a
portion of that certain tract of land described in a Warranty Deed
recorded June 27, 1952 in Book 933 at Page 165 records of the Clerk
and Recorder of the said Larimer County, the said easement is also
located in the Burlington Northern Santa Fe Railroad right of way,
being more particularly described as follows;
Considering the east line of the northeast quarter of the said
Section 2 as bearing South 00 degrees 55 minutes 05 seconds West,
between a LS 20123 Aluminum Cap Monument at the northeast corner of
Section 2 and a LS 17664 Aluminum Cap Monument at the east quarter
corner of the said Section 2 , and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1953 . 53 feet to the northeast corner of the said tract described in
Book 933 at page 165 ;
THENCE along the north line of the said tract, South 88
degrees 07 minutes 05 seconds West for a distance of 396 . 85 feet;
THENCE continuing along the said north line, South 00 degrees
05 minutes 55 seconds East for a distance of 102 . 70 feet;
THENCE continuing along the said north line, North 88 degrees
36 minutes 55 seconds West for a distance of 591. 26 feet to the
west line of the proposed Permanent Easement to be granted to the
said City of Fort Collins and to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said north line, North B8 degrees
36 minutes 55 seconds West for a distance of 15 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 1452 . 53 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 15 . 00 feet to the said west line of the proposed
easement;
THENCE along the said proposed west line, North 01 degrees 03
minutes 52 seconds East for a distance of 1452 . 45 feet to the point
of beginning. Containing 21787 square feet more less .
The above described tract 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 80522
EXHIBIT "F"
LOCATION SKETCH
NORLIN PROPERTY NE 2�6-NER
69 3
N88'43'34"W o OR
�� ?s 'o
0
00- 00- N88'43'34"W-959.20' 0
N N PERM. EASEMENT
I < n w FOR MASON
3 1 0 TRANSPORTATION
CORRIDOR TRAIL
o Ln o"o� 3254 SQ.FT.
C) Lij
M o
I P Z S88'56'08"E Q
o voi vi 25.00'
15.00' L1.1
I 0
S88'56'080E Lv
40.00' TEMP. CONST. ESM'T. J
FOR MASON -�
TRANSPORTATION O
CORRIDOR TRAIL U
2554 SQ.FT.
U)
BNSF R m
ROW I 0
a
3 �(b��,�0
o 0 QOQ
NVI
TEMP. CONST. ESM'T.
FOR MASON
S88'56'08"E TRANSPORTATION
40.00' CORRIDOR TRAIL
15.p0' 2549 SQ.FT.
S88'56'08"E N T S
I 25.00' AUGUST 28, 2003
� a 3
Li 1 N.
C-j3 7v'n PERM. EASEMENT
N o o FOR MASON
c �h TRANSPORTATION
zCORRIDOR TRAIL THIS SKETCH AND THE AREAS
0 3251 SQ.FT. SHOWN DEPICT THE ATTACHED
rn PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
S ?s MONUMENTEO BOUNDARY SURVEY.
.00.
0 00-N88'36'55"W U:\S7WPROJ\WALLY\DWC\NORUN.DWG
DESCRIPTION OF TWO PERMANENT EASEMENTS FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE NORLIN PROPERTY TO BE GRANTED TO THE
CITY OF FORT COLLINS
Two Permanent Easements for the Mason Transportation Corridor
Trail located in the northeast quarter of Section 2 , Township 6
North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said easements are also a
portion of that certain tract of land described in a Warranty Deed
recorded August 12 , 1949 in Book 878 at Page 520 records of the
Clerk and Recorder of the said Larimer County, the said easements
are also located in the Burlington Northern Santa Fe Railroad right
of way, being more particularly described as follows ;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2 , and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520;
THENCE along the north line of the said tract, North 88
degrees 43 minutes 34 seconds West for a distance of 959 . 20 feet to
the east line of the said Burlington Northern Santa Fe Railroad
right of way, and to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 25 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 130 . 21 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 25 . 00 feet to the said east line of the railroad right
of way;
THENCE along the said east line, North 01 degrees 03 minutes
52 seconds East for a distance of 130 . 11 feet to the point of
beginning. Containing 3254 square feet more less .
TOGETHER WITH:
Commencing at the said northeast corner of Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520 ;
THENCE along the north line of the said tract, North 88
degrees 43 minutes 34 seconds West for a distance of 959 . 20 feet to
the east line of the said Burlington Northern Santa Fe Railroad
PAGE 1 OF 2
right of way;
THENCE along the said east right of way line, South 01 degrees
03 minutes 52 seconds West for a distance of 500 . 99 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east right of way line, South
01 degrees 03 minutes 52 seconds West for a distance of 130 . 13 feet
to the south line of the said tract described in Book 878 at Page
520 ;
THENCE along the said south line, North 88 degrees 36 minutes
55 seconds West for a distance of 25 . 00 feet ;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 129 . 99 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 25 . 00 feet to the point of beginning. Containing 3251
square feet more less .
The above described tracts contain a total of 6505 square feet more
or less and are 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 80522
PAGE 2 OF 2
DESCRIPTION OF TWO TEMPORARY CONSTRUCTION EASEMENTS FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE NORLIN PROPERTY TO BE
GRANTED TO THE CITY OF FORT COLLINS
Two Temporary Construction Easements for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2,
Township 6 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins , Larimer County, Colorado, the said easements
are also a portion of that certain tract of land described in a
Warranty Deed recorded August 12 , 1949 in Book 878 at Page 520
records of the Clerk and Recorder of the said Larimer County, the
said easements are also located in the Burlington Northern Santa Fe
Railroad right of way, being more particularly described as
follows;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2 , and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520;
THENCE along the north line of the said tract , North 88
degrees 43 minutes 34 seconds West for a distance of 984 . 20 feet to
the west line of the proposed Permanent Easement to be granted to
the said City of Fort Collins and to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 15 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 145 . 26 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 40 . 00 feet to the east line of the said Burlington
Northern Santa Fe Railroad right of way;
THENCE along the said east line, North 01 degrees 03 minutes
52 seconds East for a distance of 15 . 00 feet to the south line of
the said proposed Permanent Easement;
THENCE along the said south line, North 88 degrees 56 minutes
08 seconds West for a distance of 25 . 00 feet to the said west line
of the proposed easement ;
THENCE along the said west line, North 01 degrees 03 minutes
52 seconds East for a distance of 130 . 21 feet to the point of
beginning. Containing 2554 square feet more less .
TOGETHER WITH:
Commencing at the said northeast corner of Section 2 ;
PAGE 1 OF 2
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520 ;
THENCE along the north line of the said tract, North 88
degrees 43 minutes 34 seconds West for a distance of 959 .20 feet to
the east line of the said Burlington Northern Santa Fe Railroad
right of way;
THENCE along the said east right of way line, South 01 degrees
03 minutes 52 seconds West for a distance of 485 . 99 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east right of way, South 01
degrees 03 minutes 52 seconds West for a distance of 15 . 00 feet to
the north line of the said proposed Permanent Easement ;
THENCE along the said north line, North 88 degrees 56 minutes
08 seconds West for a distance of 25 . 00 feet to the west line of
the said proposed easement ;
THENCE along the said west line, South 01 degrees 03 minutes
52 seconds West for a distance of 129 . 99 feet to the south line of
the said tract described in Book 878 at Page 520 ;
THENCE along the said south line, North 88 degrees 36 minutes
55 seconds West for a distance of 15 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 144 . 90 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 40 . 00 feetto the point of beginning. Containing 2549
square feet more less .
The above described tracts contain a total of 5103 square feet more
or less and are 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 80522
PAGE 2 OF 2
EXHIBIT `°G"
LOCATION SKETCH
LAGUNITAS REDTAIL INC.
NE CORNER
2-6-69
> �� a a
I I m IO M1
I I
0 -
O 1N J N N
V)
I N
i I O
LL-
I BNSF RR
ROW
N88'36'28'W-343.76'
N88'36'28-W
618.18'
N
I � �
;n
3 d�
\ o w°'Lo
o S87'36'284
I N697
I TEMP. CONST. ESM'T.
FOR MASON
I TRANSPORTATION
I CORRIDOR TRAIL
33417 SQ.FT.
I
N
NTSSHOOWNNKDEPICTTHET}IAE7I�ED
PROPERTY DESCRIPTION ONLY.
AUGUST 29, 2003 AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
U:\S7WPRQJ\WALLY\DWG\IAGUNRAS.DWC
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE LAGUNITAS REDTAIL,
INC. , A COLORADO CORPORATION PROPERTY TO BE GRANTED TO THE CITY OF
FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the east half of Section 2 , Township 6
North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said easement is also a
portion of that certain tract of land described in a Warranty Deed
recorded July 02, 2002 at Reception No . 2002070785 records of the
Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Considering the east line of the northeast quarter of the said
Section 2 as bearing South 00 degrees 55 minutes 05 seconds West,
between a LS 20123 Aluminum Cap Monument at the northeast corner of
Section 2 and a LS 17664 Aluminum Cap Monument at the east quarter
corner of the said Section 2 , and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
2512 . 30 feet to the northeast corner of the said tract described at
Reception No. 2002070785 ;
THENCE along the north line of the said tract, North 88
degrees 36 minutes 28 seconds West for a distance of 618 . 18 feet to
the easterly right of way of Fossil Boulevard as dedicated on the
plat of Weberg P.U. D. a plat of record with the said Clerk and
Recorder and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line of the tract
described at Reception No. 2002070785, North 88 degrees 36 minutes
28 seconds West for a distance of 343 . 76 feet to the east right of
way of the Burlington Northern Santa Fe Railroad right of way;
THENCE along the said east railroad right of way, South 01
degrees 03 minutes 52 seconds West for a distance of 142 . 17 feet to
the south line of the said tract described at Reception No .
2002070785 ;
THENCE along the said south line, North 69 degrees 53 minutes
32 seconds East for a distance of 153 . 71 feet;
THENCE continuing along the said south line, South 87 degrees
36 minutes 28 seconds East for a distance of 189 . 79 feet;
THENCE North 07 degrees 53 minutes 59 seconds East for a
distance of 89 . 72 feet to the point of beginning. Containing 33417
square feet more less .
The above described tract 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 80522
•
_ wwFID
lu
SmvxhsT
LU
LU
4�.. a.ads ,•r.` :< - � tl - . _
L
W
J
O
V
t W
i � e
y
,Yx• ig_� 4 t _