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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2000 - FIRST READING OF ORDINANCE NO. 120, 2000, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 29 DATE: September 5, 2000 FORT COLLINS CITY COUNCIL Ron Mills/ STAFF: Eric Bracke SUBJECT: First Reading of Ordinance No. 120, 2000, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Roundabout at Mulberry and Lemay. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Property acquisition costs will be covered by available funds,even if condemnation is required. The funds to be used for the property acquisition will be non-CMAQ funds and have been appropriated in a Roundabout project account. EXECUTIVE SUMMARY: Improvements at the intersection of Mulberry(SH 14)and L.emay will include construction of a three lane modern roundabout with pedestrian and bike amenities. The proposed location is the current intersection. A minor amount of additional right-of-way(ROW) is needed at all four corners of the existing intersection. Also necessary for this project is: (1)a minor amount of slope easement at the northwest and southeast intersection corners; (2) a stormwater drainage easement east of this intersection and south of Mulberry Street;(3)an easement across the railroad tracks on the southeast comer of the Riverside Avenue/Mulberry intersection; and (4) various temporary construction easements adjacent to the work areas. Timing of the intersection improvements is critical. Improvements need to be constructed and operational prior to the opening of an adjoining commercial development. This will allow the intersection users a few months to become accustomed to this modern roundabout prior to the expected vehicle increases from above-mentioned development. Additionally,CDOT does require that all ROW be secured prior to going out to bid for construction. Staff is hopeful that acquisition will be accomplished by agreement. However, this authorization will allow the City to begin condemnation proceedings if negotiations are not successful. DATE: September 5, 2000 2 ITEM NUMBER: 29 The property owners are: ➢ Northeast corner: FORT COLLINS PARTNERS I, LLC, a Colorado Limited Liability Company and WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware Business Trust. ➢ Northwest corner: LINK-N-GREENS, INC., a Colorado Corporation. ➢ Southwest corner: CITY OF FORT COLLINS, COLORADO, a Municipal Corporation. ➢ Southeast corner: STORM MOUNTAIN CORPORATION, a Colorado Corporation. ➢ Stormwater Easement: FAMILY BUSINESS, INC., a Colorado Corporation. ➢ Railroad Easements: GREAT WESTERN RAILROAD OF COLORADO,LLC AND THE UNION PACIFIC RAILROAD. BACKGROUND: The intersection of East Mulberry Street(SH14) and Lemay Avenue is currently experiencing both delay and accident problems. The City of Fort Collins successfully applied for and has received Federal CMAQ funds for an alternatives analysis of intersection improvements. -This grant amounted to$1,375,721 of which$1,090,000 is Federal dollars and$285,721 is local funds. These funds are also for the engineering design and construction of the selected preferred alternative improvements. The first phase of the project evaluated several options for this intersection. The evaluation considered level of service, air quality, cost-benefit, safety, and environmental and social impacts. Based upon this evaluation, staff recommended a modern roundabout as the best alternative to pursue. The Colorado Department of Transportation, as well as the Fort Collins City Council, Transportation Board and Planning and Zoning Board support the modern roundabout alternative. The second phase of this project involves the final design,construction plan preparation and right- of-way (ROW) acquisition. The construction phase of this project is planned to begin during the fourth quarter of 2000, and be completed during early spring 2001. ORDINANCE NO. 120, 2000 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 ROUNDABOUT AT MULBERRY AND LEMAY WHEREAS,improvements at the intersection of Mulberry and Lemay include construction of a three-lane roundabout with pedestrian and bike amenities (the 'Roundabout Project"); and WHEREAS, the construction of these improvements at the intersection of Mulberry and Lemay is scheduled to begin during the fourth quarter of the year 2000; and WHEREAS, it is necessary for the City to acquire certain properties hereinafter described for the purpose of constructing the aforementioned improvements in connection with the Project; 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 improvements, is in the best interest of the city,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 ORDAINED 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 the attached Exhibit "A", which is incorporated herein by this reference, for the purpose of constructing the roundabout, bicycle, pedestrian and other related improvements for the Project, in connection with the above-described properties. 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 that,in the event that acquisition by condemnation of any parcel described in this Ordinance is commenced, immediate possession of the property is necessary for the public health safety and welfare. Introduced and considered favorably on first reading and ordered published this 5th day of September, A.D. 2000, and to be presented for final passage on the 19th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of September, A.D. 2000. Mayor ATTEST: City Clerk VICINITY MAP N LINK-N-GREENS, INC. MULBERRY AND LEMAY #95046558 CROSSINGS FILING NO. 1 NITS LLJ UGUST 28, 2000 SLOPE ESM'T. � 15247 SQ. FT W � Ica P. CONS'T. ESM'T.Q 78,260 SQ. FT.ROW Q 6263 SQ. FT. �Ld MULBERRY STREET (COLO. HIWAY #14) 9844E Q. FT. FOR ECMM CITY OF i LLlSEWERSESMM FORT COLLINS . 83 6 SQ. FT.#90061366 % QAMILY BUSINESS < PE INC. A 'COLO. CORP FT.PERM., LOPE Mp�M00NS'T ESM E T 5898 SQ. FT. 9876 SQ. FT. SMULBERRY/LEMAY ROUNDABOUT PROJECT Proposed Right of Way, Slope, Drainage and Temporary Construction Easements. EXHIBIT "A" DESCRIPTION OF THE FT. COLLINS PARTNERS 1, LLC, A COLORADO LIMITED LIABILITY COMPANY, AND WAL-MART REAL ESTATE BUSINESS TRUST, A DELAWARE BUSINESS TRUST AS TO AN UNDIVIDED 34.15% INTEREST IN TRACT A, TRACT A tract of land located in the Southwest quarter of Section 7, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in Tract A of the Plat of Mulberry And Lemay Crossing, Filing No. 1, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the said southwest quarter of Section 7 as bearing North 89 degrees 21 minutes 53 seconds East between a found 3" brass cap monument at the southwest corner of the said Section 7 and a found 3" brass cap monument, at the south quarter corner of the said Section 7, based upon GPS observation; Commencing at the said southwest corner of Section 7; THENCE North 00 degrees 41 minutes 53 seconds East for a distance of 75.00 feet to the north right of way of Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 106 records of the said Clerk and Recorder; THENCE along the said north right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 327.39 feet to the southwest corner of the said Plat of Mulberry And Lemay Crossing, Filing Nc.l; THENCE continuing along the said north right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 47.84 feet to the southwest corner of the said Tract A and to the TRUE POINT OF BEGINNING of this description; . THENCE along the south line of the said Tract A, South 89 degrees 39 minutes 07 seconds East for a distance of 72.16 feet; THENCE leaving the said south line, North 37 degrees 00 minutes 59 seconds West for a distance of 98.94 feet; THENCE North 09 degrees 28 minutes 47 seconds West for a distance of 183.61 feet to the west line of the said Tract A; THENCE along the said west line the following four courses and distances, (1) South 01 degrees 54 minutes 59 seconds West for a distance of 11.14 feet; (2) South 05 degrees 43 minutes 50 seconds West for a distance of 67. 65 feet; (3) South 01 degrees 54 minutes 59 seconds West for a distance of 150.30 feet; (4) along a curve to the left having a radius of 30.00 feet acentral angle of 91 degrees 34 minutes 07 seconds and an arc length of 47 .95 feet, being subtended by a chord of South 43 degrees 52 minutes 04 seconds East for a distance of 43.00 feet to the point of beginning. Containing 9343 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. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 DESCRIPTION OF THE FT. COLLINS PARTNERS 1, LLC, A COLORADO LIMITED LIABILITY COMPANY, AND WAL-MART REAL ESTATE BUSINESS TRUST, A DELAWARE BUSINESS TRUST AS TO AN UNDIVIDED 34.15% INTEREST IN TRACT A, TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement located in the Southwest quarter of Section 7, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said Easement is also located in Tract A of the Plat of Mulberry And Lemay Crossing, Filing No. 1, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; All of Tract A of the said plat of Mulberry And Lemay Crossing, Filing No.l. Excepting therefrom the following described tract of land; Considering the south line of the said southwest quarter of Section 7 as bearing North 89 degrees 21 minutes 53 seconds East between a found 3" brass cap monument at the southwest corner of the said Section 7 and a found 3" brass cap monument, at the south quarter corner of the said Section 7, based upon GPS observation; Commencing at the said southwest corner of Section 7; THENCE North 00 degrees 41 minutes 53 seconds East for a distance of 75.00 feet to the north right of way of Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 106 records of the said Clerk and Recorder; THENCE along the said north right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 327.39 feet to the southwest corner of the said Plat of Mulberry And Lemay Crossing, Filing No.l; THENCE continuing along the said north right of way, South 89 degrees 39 minutes 07 seconds East for adistance of 47.84 feet to the southwest corner of the said Tract A and to the TRUE POINT OF BEGINNING of this description; THENCE along the south line of the said Tract A, South 89 degrees 39 minutes 07 seconds East for a distance of 72.16 feet; THENCE leaving the said south line, North 37 degrees 00 minutes 59 seconds West for a distance of 98 .94 feet; THENCE North 09 degrees 28 minutes 47 seconds West for a distance of 183.61 feet to the west line of the said Tract A; THENCE along the said west line the following four courses and distances, (1) South 01 degrees 54 minutes 59 seconds West for a distance of 11.14 feet; (2) South 05 degrees 43 minutes 50 seconds West for a distance of 67.65 feet; (3) South 01 degrees 54 minutes 59 seconds West for a distance of 150.30 feet; (4) along a curve to the left having a radius of 30.00 feet a central angle of 91 degrees 34 minutes 07 seconds and an arc length of 47.95 feet, being subtended by a chord of South 43 degrees 52 minutes 04 seconds East for a distance of 43.00 feet to the point of beginning. The above described Temporary Construction Easement contains 78,260 square feet more or less and 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. WALLACE C. MUSCOT_T COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 --------------- LOCATION SKETCH FT. COLLINS PARTNERS 1 $ LLC A COLORADO LIMITED LIABILITY CO. TRACT NLd > SOI*14 9"W I1 14 N TS (DR=30.00' AUGUST 10, 2000 CHD=43.0 o co S43'52'04 TEMP. CO 78,2NS-T.. ESM'T. 9E 60 So FT. 'A LINK—N—GREENS, INC. #95046558 9343 SQ. FT. 'co; IQ A MULBERRY L9 GROSSING FILING N ..... ....... 327.39' 47.84' y2.16' �NOO*41'53"E S89'39'07"E — — — — — 75.00' TPOB — — — — — — — — N89*21'53"E MULBERRY STREET SW CORNER (COLO. HIWAY #14) SOUTH LINE SOUTHWEST 1/4 —7-7-68 7-7-68 ............... sTmm YTt cam. LLJ THIS SKETCH AND THE AREAS --------------- SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND 00 NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. ROUND.DWG I ....................................................................................................................................................................................................... ........................................................................................................................................... DESCRIPTION OF THE LINK-N-GREENS, INC. A COLORADO CORPORATION TRACT A tract of land located in the Southwest quarter of Section 7, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in that certain tract of land described in a Warranty Deed recorded August 3, 1995 at Reception No. 95046558 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the said southwest quarter of Section 7 as bearing North 89 degrees 21 minutes 53 seconds East between a found• 3" brass cap monument at the southwest corner of the said Section 7 and a found 3" brass cap monument, at the south quarter corner of the said Section 7, based upon GPS observation; Commencing at the said southwest corner of Section 7; THENCE North 00 degrees 41 minutes 53 seconds East for a distance of 75 . 00 feet to the north right of way of Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 106 records of the said Clerk and Recorder, and to the south line of the said tract described at Reception No. 95046558; THENCE along the said north right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 152. 35 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 75. 00 feet to the west right of way of Lemay Avenue as described in Book 1954 at Page 196 records of the said Clerk and Recorder and to the east line of the said tract described at Reception No. 95046558; THENCE along the said west right of way, North 01 degrees 54 minutes 59 seconds East for a distance of 220 . 00 feet; THENCE leaving the said right of way, South 15 degrees 03 minutes 00 seconds West for a distance of 175 . 94 feet; THENCE South 36 degrees 31 minutes 22 seconds West for a distance of 61 . 62 feet to the point of beginning. Containing 6263 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. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 DESCRIPTION OF THE LINK-N-GREENS, INC. A COLORADO CORPORATION SLOPE EASEMENT A Slope Easement located in the Southwest quarter of Section 7, Township 7 North, Range 68 West of the 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 August 3, 1995 at Reception No. 95046558 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the said southwest quarter of Section 7 as -bearing North 89 degrees 21 minutes 53 seconds East between a found 3" brass cap monument at the southwest corner of the said Section 7 and a found 3" brass cap monument, at the south quarter corner of the said Section 7, based upon GPS observation; Commencing at the said southwest corner of Section 7; THENCE North 00 degrees 41 minutes 53 seconds East for a distance of 75 . 00 feet to the north right of way of Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 106 records of the said Clerk and Recorder, and to the south line of the said tract described at Reception No. 95046558; THENCE along the said north right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 84 . 81 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said right of way, North 60 degrees 19 minutes 09 seconds East for a distance of 85.57 feet; THENCE North 36 degrees 30 minutes 18 seconds East for a distance of 24 . 17 feet; THENCE North 11 degrees 21 minutes 41 seconds East for a distance of 218 . 67 feet to a line which is 20 . 00 feet (measured at right angles) west of and parallel with the west right of way of Lemay Avenue as described in a Deed recorded May 21, 1979 in Book 1954 at Page 0190 records of the said Clerk and Recorder; THENCE along the said parallel line, North 01 degrees 54 minutes 59 seconds East for a distance of 661. 85 feet; THENCE leaving the said parallel line, South 88 degrees 05 minutes 01 seconds East for a distance of 2 . 90 feet to the west line of an existing slope easement as described in a Deed of Dedication recorded June 15, 2000 at Reception No. 2000039913 records of the said Clerk and Recorder; THENCE along the said west line of the existing slope easement the following five (5) courses and distances, (1) South 00 degrees 50 minutes 17 seconds West for a distance of 61 . 08 feet; iPAGE 1 OF 2 (2) South 01 degrees 54 minutes 35 seconds East for a distance of 153. 58 feet; (3) South 07 degrees 45 minutes 36 seconds West for a distance of 48. 92 feet; (4) South 00 degrees 36 minutes 13 seconds West for a distance of 306. 94 feet; (5) South 03 degrees 04 minutes 02 seconds East for a distance of 42 . 07 feet to the said west right of way of Lemay Avenue; THENCE leaving the said west line of the existing easement and along the said west right of way, South 01 degrees 54 minutes 59 seconds West for a distance of 58. 95 feet to the north line of an existing slope easement as described in an Easement Agreement recorded November 13, 1979 in Book 2004 at Page 0513 records of the said Clerk and Recorder; THENCE leaving the said west right of way and along the said north line of the existing easement, North 88 degrees 05 minutes 01 seconds West for a distance of 5.00 feet to the west line of the said existing easement described in Book 2004 Page 0513; THENCE leaving the said north line and along the said west line, South 01 degrees 54 minutes 59 seconds West for a distance of 69. 13 feet to the west line of the proposed tract of land to be dedicated to the Colorado Department of Transportation as right of way; THENCE leaving the said west line of the existing easement and along the said proposed west line, South 15 degrees 03 minutes 00 seconds West for a distance of 153. 93 feet; THENCE continuing along the said proposed west line, South 36 degrees 31 minutes 22 seconds West for a distance of 61 . 62 feet to the said north right of way of Mulberry Street; THENCE leaving the said proposed west line and along the said north right of way, North 89 degrees 39 minutes 07 seconds West for a distance of 67 . 54 feet to the point of beginning. Containing 15247 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. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 2 OF 2 S88'05'OV E 2.90' N b3 a:- � o 0 LOCATION SKETCH LINK - N - GREENS, INC. WNTS W f]� M� 4� -q- AUGUST 24, 2000 �co n n 0 0� z In Q1 S15'03'00"W S07'45'36"W 175.94' 48.92' Q S36'31'22"W i 61.62' S00'36'13"W [ 306.94' Q3 S01'54'59"W 69.13' S03'04'02"E j ® S15'03'00"W 42.07 153.93' S01'54'59"W THIS SKETCH AND THE AREAS 58.95' SHOWN DEPICT THE ATTACHED LINK-N-GREENS, INC. I PROPERTY DESCRIPTION ONLY, 88'O5'01^W! AND DO NOT REPRESENT A #9504655a 5.00 ; �MONUMENTED BOUNDARY SURVEY. 3 LU f � co SLOPE ESM'T. •� 15247 SQ. FT. LLi tK,. 4 a i l/ ,c.ci G� \ c"I N uj S36'30'18"W Q TPOB 24.17' SLOPE ESM'T. • 1J �n L 1J ✓, i;, r7S S6oa5 0 2 z _84.81 .._..._ -- W s7.s4 7s.00' Rc-) S89'39'07" 6263 SQ. FT. 152.35' TR�BT 0 N89'21 '53"E MULBERRY STREET (COLO. HIWAY 14 SOUTH LINE SW CORNER # SOUTHWEST 1/4 7-7-68 7-7-68 ............._._.-....................._....._._............_............................................_.........._.._. ROUND.DWC DESCRIPTION OF THE STORM MOUNTAIN CORP. TRACT A tract of land located in the Northwest quarter of Section 18, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in that certain tract of land described in a Warranty Deed recorded February 1, 1999 at Reception No. 99009159 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the said northwest quarter of Section 18 as bearing North 89 degrees 21 minutes 53 seconds East between a found 3" brass cap monument at the northwest corner of the said Section 18 and a found 3" brass cap monument, at the north quarter corner of the said Section 18, based upon GPS observation; Commencing at the said northwest corner of Section 18; THENCE along the west line of the said northwest quarter, South 00 degrees 12 minutes 29 seconds West for a distance of 175. 00 feet to the south right of way of East Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 107 records of the said Clerk and Recorder; THENCE along the said south right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 336. 13 feet to the east right of way line of Lemay Avenue as described in Book 1998 at Page 850 records of the said Clerk and Recorder, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 139. 95 feet; THENCE leaving the said right of way, South 56 degrees 05 minutes 23 seconds West for a distance of 106. 88 feet; THENCE South 23 degrees 46 minutes 02 seconds West for a distance of 220 . 63 feet to the said east right of way of Lemay Avenue; THENCE along the said east right of way, North 14 degrees 37 minutes 25 seconds East for a distance of 133 . 14 feet; THENCE continuing along the said right of way, North 01 degrees 44 minutes 35 seconds East for a distance of 133. 63 feet to the point of beginning. Containing 10089 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. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 DESCRIPTION OF THE STORM MOUNTAIN CORP. TEMPORARY CONSTRUCTION EASEMENT A temporary Construction Easement located in the Northwest quarter of Section 18, Township 7 North, Range 68 West of the 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 February 1, 1999 at Reception No. 99009159 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the said northwest quarter of Section 18 as bearing North 89 degrees 21 minutes 53 seconds East between a found 3" brass cap monument at the northwest corner of the said Section 18 and a found 3" brass cap monument, at the north quarter corner of the said Section 18, based upon GPS observation; Commencing at the said northwest corner of Section 18; THENCE along the west line of the said northwest quarter, South 00 degrees 12 minutes 29 seconds West for a distance of 175 . 00 feet to the south right of way of East Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 107 records of the said Clerk and Recorder; THENCE along the said south right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 476. 08 feet to the east line of the proposed tract of land to be dedicated to the State of Colorado Department of Transportation, and to the TRUE POINT OF BEGINNING of this • description; THENCE continuing along the said south right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 53 .29 feet; THENCE leaving the said south right of way, South 56 degrees 05 minutes 23 seconds West for a distance of 142 .24 feet; THENCE South 23 degrees 46 minutes 04 seconds West for a distance of 201 . 90 feet to the south line of the said tract described at Reception No. 99009159; THENCE along the said south line, North 84 degrees 43 minutes 17 seconds West for a distance of 31 . 63 feet to the said proposed east line; THENCE along the said proposed east line, North 23 degrees 46 minutes 02 seconds East for a distance . of 220 . 63 feet; THENCE continuing along the said proposed east line, North 56 degrees 05 minutes 23 seconds East for a distance of 106. 88 feet to the point of beginning. Containing 10075 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. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 . P.O. BOX 580 FORT COLLINS, CO 80522 LOCATION SKETCH STORM MOUNTAIN CORP. TRACT I w I N z w > Q j LINK—N—GREENS, INC. < #95046558 LJ I J I N TS \ AUGUST 17, 2000 l ' V, TRACT A MULBERRY LEMAY CROSSING I FILING NO.i NW CORNER — — 18-7-68 — � N89'21'53"E �r MULB WEST LINE I (COLOERRWAYT#14T / NORTHWEST 1/4 tt SOUTHWEST F1/4N-7-7-68 18-7-68 S00'12'29"W /� TPOB TPEOB�ARr consmucnaN 175.00' ROW TRACT EASEMENT S89'39'07^E-336.1]' S89'39.07^E I ......... ...... .. ................. 139.95' .. .53.29' _ .p5 g6 '1y LjjSy6,06.S�yp�1 \ Ma /% j ROW TRACT j �� •»1�4 �� Q 10089 S0. FT. I TEMP. CONST. 10075 SO. FT. Mid• `}h ='a•• yn";`�':�.$ STORM MTN. CORP. #99009159 THIS SKETCH AND THE AREAS 31.63 SHOWN DEPICT DEPICT THE ATTACHED j PROPERTY DESCRIPTION ONLY, i AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. ROUND.DWG • DESCRIPTION OF THE FAMILY BUSINESS, INC. , A COLORADO CORPORATION PERMANENT STORM SEWER EASEMENT A Permanent Storm Sewer Easement located in the Northwest quarter of Section 18, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Lot 1 of the Diane Joy M.L. D. #5-45-89, 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 said northwest quarter of Section 18 as bearing North 89 degrees 21 minutes 53 seconds East between a found 3" brass cap monument at the northwest corner of the said Section 18 and a found 3" brass cap monument, at the north quarter corner of the said Section 18, based upon GPS observation; Commencing at the said northwest corner of Section 18; THENCE along the west line of the said northwest quarter, South 00 degrees 12 minutes 29 seconds West for a distance of 175. 00 feet to the south right of way of East Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 107 records of the said Clerk and Recorder; THENCE along the said south right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 913 . 17 feet to the northeast • corner of the said Lot 1, Diane Joy M.L. D. #S-45-89, and to the to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south right of way, along the east line of the said Lot 1, South 00 degrees 18 minutes 53 seconds West for a distance of 337 .24 feet to the southeast corner of the said Lot 1; THENCE leaving the said east line, along the south line of the said Lot 1, North 78 degrees 18 minutes 07 seconds West for a distance of 25 . 50 feet to a line which is 25 . 00 feet (measured at right angles) west of and parallel with the said east line of Lot 1; THENCE leaving the said south line, along the said parallel line, North 00 degrees 18 minutes 53 seconds East for a distance of 332 .22 feet to the north line of the said Lot 1; THENCE leaving the said parallel line, along the said north line, South 89 degrees 39 minutes 07 seconds East for a distance of 25. 00 feet to the point of beginning. Containing 8368 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. • WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 DESCRIPTION OF THE FAMILY BUSINESS, INC. , A COLORADO CORPORATION TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement located in the Northwest quarter of Section 18, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Lot 1 of the Diane Joy M.L.D. #S-45-89, 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 said northwest quarter of Section 18 as bearing North 89 degrees 21 minutes 53 seconds East between a found 3" brass cap monument at the northwest corner of the said Section 18 and a found 3" brass cap monument, at the north quarter corner of the said Section 18, based upon GPS observation; Commencing at the said northwest corner of Section 18; THENCE along the west line of the said northwest quarter, South 00 degrees 12 minutes 29 seconds West for a distance of 175. 00 feet to the south right of way of East Mulberry Street (Colorado Highway 14) as described in Book 890 at Page 107 records of the said Clerk and Recorder; THENCE along the said south right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 858 . 17 feet to a line which is 55 . 00 feet (measured at right angles) west of and parallel with. the east line of the said Lot 1, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south right of way, South 89 degrees 39 minutes 07 seconds East for a distance of 30. 00 feet to a line which is 25 .00 feet (measured at right angles) west of and parallel with the east line of the said Lot 1; THENCE leaving the said south right of way, along the said parallel line, South 00 degrees 18 minutes 53 seconds West for a distance of 332 .22 feet to the south line of the said Lot 1; THENCE leaving the said parallel line, along the said south line of Lot 1, North 78 degrees 18 minutes 07 seconds West for a distance of 30. 60 feet to the said parallel line being 55. 00 feet west of the east line of Lot 1; THENCE leaving the said south line, along the said parallel line, North 00 degrees 18 minutes 53 seconds East for a distance of 326.20 feet to the point of beginning. Containing 9876 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. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 NW CORNER LOCATION SKETCH 18-7-68 FAMILY BUSINESS, INC. N89'21'53"E N NORTH LINE NORTHWEST 1/4 -18-7-68 F- 3 MULBERRY STREET W NN WEST LINE (COLO. HIWAY #14) NORTHWEST 1/4 �o j V) 18-7-68 N TS om �J 0 AUGUST 22, 2000 0�0 (now i coZ Q S8939'07"E-913.17' azo I 00 00 S89'39'07"�-858.17' or ry• POB TEMP. CONS'T. ESM'T PERM. STOR SEWER ESM T. 8368 SO. FT. i i N N N f0 N n N M M Lot 2 Lot ' w w 3 rn n N ko Y yl.Gp0000 0 Z Z 0 N FAMILY BUSINESS. INC. A COLO. CORP. TEMP. CONS'T. 9876 S0. FT. om 0 of 0_..._.._..._._.._.... ....._.. w o z NQ , THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED 0.60' PROPERTY DO NOT REPRESENT ALY N787807"W AND MONUMENTED BOUNDARY SURVEY. __—._._..__._................ DESCRIPTION OF THE GREAT WESTERN RAILWAY OF COLORADO, LLC RIGHT OF WAY AND ACCESS EASEMENT FOR PEDESTRIAN AND BICYCLE An Access Easement located in the Northeast quarter of Section 13, Township 7 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 as the Greeley Branch Line in a Quit Claim Deed recorded April 27, 1999 at Reception No. 99035876 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the said northeast quarter of Section 13 as bearing North 89 degrees 39 minutes 33 seconds West between a found 3" brass cap monument at the northeast corner of the said Section 13 and a found aluminum cap and rebar, at the north quarter corner of the said Section 13, based upon GPS observation; Commencing at the said northeast corner of Section 13; THENCE along the said north line, North 89 degrees 39 minutes 33 seconds West for a distance of 1375. 79 feet to the easterly right of way line of the said Great Western Railway Of Colorado as described in a Deed recorded November 28, 1949 in Book 883 at Page 320 records of the said Clerk and Recorder; THENCE along the said easterly right of way, South 49 degrees 40 minutes 07 seconds East for a distance of 132 . 87 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said easterly right of way, South 49 degrees 40 minutes 07 seconds East for a distance of 25 .38 feet; THENCE leaving the said easterly right of way, along a non-tangent curve to the left having a radius of 10. 00 feet a central angle of 61 degrees 53 minutes 58 seconds and an arc length of 10. 80 feet, being subtended by a chord of South 81 degrees 31 minutes 32 seconds West for a distance of 10.29 feet; THENCE South 50 degrees 34 minutes 33 seconds West for a distance of 12.71 feet; THENCE along a curve to the right having a radius of 60 . 00 feet a central angle of 15 degrees 52 minutes 48 seconds and an arc length of 16. 63 feet, being subtended by a chord of South 58 degrees 30 minutes 57 seconds West for a distance of 16. 58 feet to the westerly right of way of the said Great Western Railway of Colorado; THENCE along the said westerly right of way, non-tangent from the previous curve, North 49 degrees 40 minutes 07 seconds West for a distance of 23. 84 feet; THENCE leaving the said westerly right of way, along a non-tangent curve to the left having a radius of 40 . 00 feet a central angle of 31 degrees 05 minutes 33 seconds and an arc length of 21 .71 feet, being subtended by a chord of North 66 degrees 07 minutes 19 seconds East for a distance of 21 . 44 feet; PAGE 1 OF 2 THENCE North 50 degrees 34 minutes 33 seconds East for a distance • of 12 . 71 feet; THENCE along a curve to the right having a radius of 30. 00 feet a central angle of 08 degrees 15 minutes 14 seconds and an arc length of 4 . 32 feet, being subtended by a chord of North 54 degrees 42 minutes 10 seconds East for a distance of 4 .32 feet to the point of beginning. Containing 766 square feet more less . The above described easement 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. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 • . PAGE 2 OF 2 LOCATION SKETCH GREAT WESTERN RAILWAY OF COLORADO, LLC RIGHT OF WAY AND ACCESS EASEMENT FOR PEDESTRIAN AND BICYCLE N (1) S49'40'07"E © N49'40'07"W 25.38' 23.84' R.= 10.00' © R.= 40.00' CHD.= S81'31'32"W CHD.= N66'07'19"E N TS 10.29' 21.44' © S50'34'33"W © N50'34'33"E AUGUST 30, 2000 12.71' 12.71' ® R= 60.00' ® R= 30.00' CHD.= S58'30'57"W CHD.= N54'42'10"E 16.58' 4.32' NE CORNER 13-7-69 MULBERRY STREET _ N89'39'33"W-1375.79' \\\ (COLO. HIWAY #14) l \ NORTH LINE /\\ Ivy, NORTHEAST 1/4 -13-7-69 \ POB \ 7 \ 6 c 'QF, \\ \ Cs 1 00 \\ THIS SKETCH AND THE AREAS �� A•- SHOWN DEPICT THE ATTACHED "�� ~<' CO PROPERTY DESCRIPTION ONLY, �'c�\ O,P AND DO NOT REPRESENT A ✓G�,�� q0 MONUMENTED BOUNDARY SURVEY. ROUND.DWG DESCRIPTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY AND ACCESS EASEMENT FOR PEDESTRIAN AND BICYCLE An easement located in the Northeast quarter of Section 13, Township 7 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 Deed recorded January 11, 1910 in Book 247 at Page 485 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the said northeast quarter of Section 13 as bearing North 89 degrees 39 minutes 33 seconds West between a found 3" brass cap monument at the northeast corner of the said Section 13 and a found aluminum cap and rebar, at the north quarter corner of the said Section 13, based upon GPS observation; Commencing at the said northeast corner of Section 13; THENCE along the said north line, North 89 degrees 39 minutes 33 seconds West for a distance of 1431. 80 feet to the easterly right of way of the said Union Pacific Railroad; THENCE along the said easterly right of way, South 49 degrees 40 minutes 07 seconds East for a distance of 163.13 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said right of way, South 49 degrees 40 minutes 07 seconds East for a distance of 23 . 84 feet; THENCE leaving the said easterly right of way, along a non-tangent curve to the right having a radius of 60.00 feet a central angle of 45 degrees 15 minutes 12 seconds and an arc length of 47.39 feet, being subtended by a chord of South 89 degrees 04 minutes 57 seconds West for a distance of 46. 17 feet; feet; THENCE North 68 degrees 17 minutes 27 seconds West for a distance of 15.47 feet; THENCE North 21 degrees 42 minutes 33 seconds East for a distance of 20.00 feet; THENCE South 68 degrees 17 minutes 27 seconds East for a distance of 15.47 THENCE along a curve to the left having a radius of 40.00 feet a central angle of 30 degrees 02 minutes 28 seconds and an arc length of 20.97 feet, being subtended by a chord of South 83 degrees 18 minutes 41 seconds East for a distance of 20.73 feet to the point of beginning. Containing 997 square feet more less . The above described easement 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. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 LOCATION SKETCH UNION PACIFIC RAILROAD RIGHT OF WAY AND ACCESS EASEMENT FOR PEDESTRIAN AND BICYCLE N I I f Q1 S49.40'07"E S68.17'27"E 23.84' 15.47' j Q2 R.= 60.00' © R.= 40.00' I CHD.= S89'04'57"W CHD.= S83'18'41"E N TS 46.17' 20.73' ® N68.17,27"W AUGUST 30, 2000 15.47' ® N21.42'33"W 20.00' i i j NE CORNER MULBERRY STREET 13-7-69- N89.39'33"W-1431.80' 1 —O \\\ (COLO. HIWAY #14) I \\ NORTH LINE / \ NORTHEAST 1/4 -13-7-69 POB ni \ Q2 \ n i \ 997 SQ. FT. \\ I 9y\ e0. 0tiQ Q4- ">�% v SHIKDEP T THE ATTACHED e�F�I'p\ ASS 010 OWN C i PROPERTY DESCRIPTION ONLY,AND DO NOT REPRESENT A ' MONUMEN ED BOUNDARY SURVEY. 0F0J\ .ROUND:OwG