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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2000 - FIRST READING OF ORDINANCE NO. 148, 2000, EXPANDIN mi" -%,,,,, , T'., , - -11 WM�.W, AGENDA ITEM SUMMARY ITEM NUMBER: 24 FORT COLLINS CITY COUNCIL DATE: October 17, 2000 STAFF: Jay Hardy SUBJECT: First Reading of Ordinance No. 148,2000,Expanding the Boundaries of the Fort Collins,Colorado Downtown Development Authority and Amending the Plan of Development of the Authority. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Adoption of the Ordinance will expand the boundaries of the Downtown Development Authority (DDA) District. The boundaries are contained in the Ordinance establishing the District, as previously amended,and in the Plan of Development for the DDA. The purpose of the amendment is to include the Mulberry/Lemay Crossings property. BACKGROUND: By petition,the owners of the property located at 1250 East Magnolia have requested inclusion into the DDA District(Attachment 1). The DDA Board of Directors responded favorably to that petition at its October 2000 regular meeting. The owners are requesting the inclusion so that the property may contribute effectively to the needs, growth and additions to the downtown area. The DDA Board of Directors found the petition worthy of its mission, while offering tremendous opportunity to improve various items of highest priority with the City of Fort Collins, as well as the DDA. Therefore, an approval of this inclusion will contribute to funding for the following three projects incorporated in the Poudre River Corridor plan recently adopted by City Council. I Linden/Riverside intersection improvements (estimated at $1.5 million) 2. Linden Street improvements north of Riverside (estimated at $1.5-2.0 million) 3 Partial funding for a downtown shuttle service (estimated at $200,880- $223,200) If City Council wishes to include this property in the DDA District, it must adopt the attached ordinance,which amends the legal description contained in Ordinance No. 199, 1998(the amended creation ordinance that established its most current boundaries), as well as the legal description in the Plan of Development. When these amendments become effective, the additional property will be included within the DDA District and will be subject to a division of taxes as provided in the DDA statute. The City will then direct the tax increment revenues to be used by the DDA for the purposes stated above. DATE: October 17, 2000 2 ITEM NUMBER: 24 The Ordinance contains a finding that the proposed modification of the Plan of Development is not a substantial one. This finding is based upon the following: 1. The amendment to the Plan amends only the District boundaries and does not affect the other provisions of the Plan; and 2. The amendment to the District boundaries does not substantially increase either the assessed valuation of the property in the existing District or the size of the District. Attachment 2 shows an estimate of the tax increment revenues from the Mulberry/Lemay Crossing property beginning in 2001 and ending in 2006. It also shows the mill levy revenues for the District. Attachment 3 is a copy of a letter from Don Unger,Superintendent of Schools for the Poudre School District, indicating that the School District has no objection to the proposed expansion of the DDA boundaries. ATTACIBIENT 1 PAGE 1 OF 3 00 O PETITION FOR ANNEXATION OF PROPERTY w TO .-t THE PORT COLLIN&COLORADO. DOwMm%w DEVELOPME.Yr AUrNORITY otarRlCr The undersigned. Fr. COLLINS PARTNERS L U.C. a Colorado Umitm liability oomparty. being the Owner of the real Property described an Exhibit -A' attached hereto and hicaepmnted herein by regir ace rthe Propertyl. does hereby person the Fat Coffins. Colorado. Doamtaaat i OeweloPutent Authority District to Include the Properp within the District. W I MATED this Z-i• day of 1(�+' Z7 SO00. he W W Fr.COLLINS PARTNERS I.LLC. eat err a Ceiaeede Itmwd hW Wty oompany q BY. Ca Goldberg ondo��y Associates.hot, i corporriu .tta sale W W WE 4 EE-E >hr 3e W411, berg,Voe PrdWmt SrATB OF COLORADO I 00 1 a. O U COUNTY OF 1 rb",., The Steeping itU tnlment was acknowledged before me thhr-yam d pR Y-pG .. Z 2000, by MARK A OOLDMMO, a Vice PnMldmt of OOLDWMO PROPERTY ASBOCUTFa. O;' ....... '•.,B t0 O Colorado cnrporanon. Sole member of FT. COLLiNB PARTNERS I. LLC, a Cal to limited t o company. NERESA E. n o a wttruw my hand and oglcW eaL MYERS w My W •, commission expires: 9 ' N 4 oAPtQ N a �o Notary FiUNg o a CONSENT w O OC The undersigned.wAL-MART REAL FSTATE BUSINESS TRST,U a Del being the contract purthassr of a pomon of the Prop". hereby tonsema to the O Q fe"Winf pe0nmt to Include the Property within the Fort CoUtne. Colorado. Downtown Development M W Authority Oia act. C DATED this__day of .2000. ow 0 WAL-MART REAL ESTATE BUSINESS TRUST, N W a Delaware bustoea oust as x w E O BY. TrJa'04 a. SPATE OF 4,CXA1J4 j j U 1 94 £ COUNTY OF 8a'w TOV 1 a 1 2000. by a tLla of W ay J REAL ESTATE BUSINESS TRUST.a Delaware busmen cunt. witness my hard and omcial seal. MY Conmuadon"?via! " NOTARY SEALNot • t3enton ComN.State of AIJAM 3 vom*y tin 1Ayr Cornrlieainn 10/1AM Dat_ OVAL-MA E EAM ATTACHMENT 1 PAGE 2 OF 3 Attachment for Petition for Annexation This Petition for Annexation may be executed in counterparts,each of which so executed shall,irrespective of the date of its execution and delivery, be deemed an original. and said counterparts together shall constitute one and the same instrument. This Petition for amsexation may also be executed by way of facsimile signature and such signature shall be sufficient to bind the party so executing this Petition for Annexation. Such party shall thereafter promptly forward a confirming copy of such facsimile signature to the other party. ATTACEMnNT1 PAGE 3 OF 3 EXHIBIT A SHEET : of 1 FISHER ?ROPER:`! LEGAL OESCRIPION A TRAC' CF LAND LCCAIED IN If SCUTNT OLIARTU OF SECTION 7. TOWNSHIP 7 NORTH. RANGE B0 HEST O WE$F THE 6TH PRINCIPAL YEMOIAN, CTY OF FORT COLWwS, FOLLOWS. !ARINER `STATE OF COLMACO, BEYG WAZ PARTIC;AAR&.y OESMSED AS CKARING CNSIOERING THE WEST UNE OF THE SOUTHWEST OUARTER OF SAID SECTION 7 C AS ONTAINED HEREIN RELATIVE 34 LHiU7F_g 55 SECONDS EAST AND WITH ALL BEARINGS SAID SECTION 7; THENCE ALONG' COWMENCNC A' THE SOUTHWEST CORNER OF SECTION 7, NORTH , DECREES 34 MINUTTEE�SU55 SECOON,_SSf�A�2827��OF SAID QUARTER CORNER OF SAID SECTION 7; THENCE CE PAN71NG SAID LINE.SOUTH 34 TO THE DEGREES WEST 02 WNUTFS IS SECONDS EAST. 553.26 FEET TO THE POINT OF BEGINNING, SAID PONT DEGREES BEWG THE SOUTNW-ST CORNER OF BUFFALO RUN Sy APARTYE4TS P,U.O: •iT1EldGF RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN•APARTUENTS P.U.C. THE NEXT IN) CCUR5Te8: 1) NORTH 72 DEGMESB CENTRAL ANGLE OF ALONG ME AMC OF A 463.30 FOOT.RAOIUS 'O0TT1'IT[A•�NCE OF 9302 FEET. 'HAVING A DEGREES.32 MINUTES 55 SECONDS , AN ARC'OISTANCE OF G1 A DISTANCE OF 3D7,FMT;. 3)NC OF 50UTH'B7 DEGREES 49 MINUTES u SEAS EAST A DISTANCE OR 498:09-FEET;. 45 SOUTH 6B OEQm 33. YiNUTE5.17'g SE ROUGH A COWS ANGLE Aj or34 THE.ARC.06 A 134,30 FOOT.'RACM CURVE DS 10 THE LEFT OF 6ZZ O9 FEET, Hit VING A CHORD 8 DE So MINUTES 03 AN ARC DISTANCE EAST. A DISTANCE OF 60.62 FESP 3) ROTH BO��2S'02:MINUTES 19 SECONDS THE MT LINE Of THAT ALONG SAID SOUTH UNE AND 1r3 EASTERLY CITENSION. A IMNUTES'il SCCONOS. EAST, SOUTH 00 OEGREES .3B YINNTES. ,QF.00 SECONDS,ED AT RECEP ONCE OF s 77 F .T TO OF $79.40 FEET- �IENCE ALCNC SAID WESSTL�N A 01 ANCEE OF T 20.33 FM—r. SDU78 S9'OEOREES 23 CANDTEE 00 AW WEST IIN'WEST, A DISTANCE OF 205.49 921.32 FEET: THENCE NORTTHH E9,OEGR .0 DEGREES ja NINPNlTES 0000 SECONDS WE5T. A DISTANCE F 36.19 F&?: THENCE SOUTH 00 DEGREES 22 MINUTES 00 S - A DISTANCE OF 60.00 FEET; THENCE NORTH'B9 DEGREES 36 YISIDS WEST, A DISTANCE THENCE SOUTH CoraEGREES 22. MINUTES 3000 SECONDS SEA �'• A DISTANCE ON ADNOM_µ A. POINT ON THE NORTH LINE OF COL'ORADO HIGHWAY 14 AND 'PONT NEXT TWO 2 CCaHT CURVE TO THE LEM;.THENCE RUNNING ALONG'SAM NORTH LINE.A ' THE ANGLE OF Go p�R T) ��G TME AD OF A CURVE TO Ti1E LErT THROUGH A THE ARC DISTANCE OF t�A•y FEET. A C O D BEARI S. HAVING A THE OF I1,383,OD 7 TRAL SECONDS WEST, A DISTANCE OF 14,40 FED:: L2) or NORTH ga NORTH 69 DEGREESE�SN33�YT� 00 � SECONDS WEST. A DISTANCE OF 644 FEE' TO THE INTERSEGREE CF SAID NORTH UNE AND THE EAST RIGHT—OF_yyAy UNE OF SOUTH L.E11AY AVENUE: THENCE RUNNNG ALONG SAID EAST RtGH7_, —WAY ilNE.THE NEXT ?1D (2) COURSES: T) NORTH Of DEGREES 38 MINUTES 06 SECONDS EAST, A DISTANCE OF t742SBAIONC.TTEE.AgC OF A CURVE THE LEFT TI'IROUC;t1 A '.ANTRAL ANOLE OF 79 DECREE,S SJ YMUIES S9 SECONDS WITH A RADIUS OF 1030.93 rEE' AN ARC DISTANCE OF 33li06 x_� CB DEGREE 00 ANNUTES SZ S£CDNOS WES' A DISTANCE OF 336.TB FE'E7 ��G BECOJNINC. CONTAIMNG 1,654,722 SOUARC FeEi. OR 42,Sg ACRES. A CH011D OF NORTH -.. ES. UORE OR TTS POINT OF Ld55. TOTAL P.03 ATTACHMENT 2 October 5, 2000 Mulberry/Lemav Crossings Annexation Timeline, Facts & Figures Timeline Anticipated DDA Annexation date November, 2000 Construction timeline (phase 1) Pad site delivered for construction September, 2000 • Larimer County Assessor property review January 2001 Phase 1 construction completed Fall, 2001 Revenue nroieetions Total Tax increment Projection 2001 (payable in 2002). (40%build out, phase 1) $200 000 2002 (payable in 2003) (remaining 60%build out, phase 2) $1,020,800 2003 (payable in 2004) $1,020,800 2004 (payable in 2005) $1,020,800 2005 (payable in 2006) $1,020,800 2006 (half year) _ $510,400 Total tax increment projection $4,793,600 Total mill levy assessment (4.05 mills) $40,000/yr* *Upon completed build out of both phases ATTACHMENT 3 lid • September 29, 2000 RE^^IvED Jay Hardy OCT U 6 20 Executive Director Downtown Development Authority 19 Old Town Square,#230 CITY e D Fort Collins,CO 80524 CITY ^�on� Dear Mr. Hardy Thank you for allowing me to respond to the Downtown Development Authority's question on the potential financial impact to Poudre School District regarding the Mulberry/L.emay Crossing. I will not attempt to go into detail with this letter, but suffice it to say that a very complex State financing formula exists with regard to school funding, and as a result, the proposed annexation would in no way adversely impact Poudre School District's funding. Thank you for your consideration of the District, and its needs, as you prepare to present this annexation proposal to City Council. Please feel free to contact us for any additional information you may need. Sincerely, (Da,� LL Don Unger, Ph.D. Superintendent of Schools 2407 LaPorte Avenue • Fort Collins,CO 80521-2297 • (970)482-7420 . ORDINANCE NO. 148, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY WHEREAS, on April 21, 1981, the Council of the City of Fort Collins adopted Ordinance No. 46, 1981, creating a Downtown Development Authority(the "Authority")and establishing the boundaries of the Downtown Development District (the "District"); and WHEREAS, on September 8, 1981, by Resolution 81-129, the City Council approved the Fort Collins Downtown Development Authority Plan of Development(the'Plan of Development"), which also describes the boundaries of the District; and WHEREAS,under Section 31-25-822,C.R.S.,subsequent to the organization of a downtown development authority,additional property may be included in the district of the authority,pursuant to a petition signed by the owner or owners in fee of each parcel of land adjacent to the existing district sought to be included; and WHEREAS, if the board of directors of the authority approves said application, the board of directors is to then submit the application to the governing body of the municipality in which the district is contained and, if the governing body also approves the application, it is to amend the ordinance creating the authority so as to include the additional property as described in the petition; and WHEREAS, under Section 31-25-807(c), the Council must hold a public hearing on any substantial modification of an approved plan of development after public notice as prescribed in said statute; and WHEREAS,the City Council has, on four previous occasions, amended Ordinance No. 46, 1981, by adopting Ordinances No. 162, 1981, No. 2, 1982, No. 2, 1993, and No. 199, 1998 (the "Amending Ordinances"); and WHEREAS,none of the Amending Ordinances substantially expanded the size of the District or changed the objectives and purposes,priorities,facts and findings,or other essential components of the Plan of Development; and WHEREAS,the Board of Directors of the Authority(the'Board")has received a petition to include in the District the property located at 1250 East Magnolia,known as the "Mulberry/Lemay Crossing," which property is described on Exhibit"A," attached hereto and incorporated herein by this reference; and WHEREAS, the Board has determined that the addition of this property would further the objectives and purposes of the District as contained in the Plan of Development and has, by . Resolution 00-04, recommended approval of said annexation petition by the City Council; and WHEREAS,in order for the Mulberry/L.emay Crossing to meet the statutory requirement for contiguity with the existing District, it is necessary that the City agree to include certain property owned by the City into the District,which property is described on Exhibit"B",attached hereto and incorporated herein by this reference; and WHEREAS, the addition of the aforesaid properties to the District would neither substantially increase the size of the District nor,in any other respect,substantially modify the Plan of Development. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby approves the inclusion of the Mulberry/L.emay Crossing property into the boundaries of the District and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development. Section 2. That the Council hereby also approves the inclusion of the City property into the boundaries of the District and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development. Section 3. That Section 3 of Ordinance No. 46, 1981 (as amended by the Amending Ordinances)be,and hereby is,further amended by deleting the legal description contained therein, which description establishes the boundaries of the District, and by substituting the following therefor: BEGINNING AT THE CENTER OF INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE INTERSECTION OF THE CENTERLINE OF LAUREL STREET WITH THE CENTERLINE OF THE ALLEY IN BLOCK 116 EXTENDED; THENCE NORTHERLY ALONG THE CENTERLINE OF THE ALLEYS IN BLOCKS 116 AND 115 TO THE CENTER OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET; 2 THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET;THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLI VE STREET,AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82;THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OFALINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14,BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET;THENCE EASTERLY ALONG LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 51;THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5,BLOCK 51 EXTENDED;THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY,ALONG SAID RIGHT-OF-WAY LINE,TO THE CENTERLINE OF SHERWOOD STREET;THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET;THENCE EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35;THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26;THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26,TO THE CENTERLINE OFCOLLEGEAVENUE;THENCE CONTINUING EASTERLY ALONG • THE CENTERLINE OF VINE DRIVE TO THE NORTH 1/4 CORNER OF SECTION 12, 17N, R69W OF THE SIXTH P.M.;THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE;THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE,EASTERLY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OFTHE BUFFALO RUN APARTMENTS P.U.D.;THENCE(CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVETHERETO),RUNNINGALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D.THE NEXT FIVE(5)COURSES: 1) 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET,HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 • 3 DEGREES 27 MINUTES 41 SECONDS EAST,ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET;THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET;THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET THEN NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET;THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST,A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON-TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO(2)COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET AN ARC DISTANCE OF 14.48 FEET ACHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE;THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE,NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EASTLINCOLN AVENUE, WESTERLY TO THE SAID EAST LINE OF THE WEST HALF OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST HALF OF SECTION 12, SOUTHERLY TO THE INTERSECTION WITH THE CITY OF FORT COLLINS CITY LIM1TS LINE; THENCE WESTERLY ALONG SAID CITY LIMITS TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE CONTINUING ALONG SAID CITY LIMITS AND BANK OF RIVER SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST 1/2 OF SECTION 12; THENCE CONTINUING ALONG SAID CITY LIMITS SOUTHERLY TO THE NORTHERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED,SAID RIGHT-OF-WAY ALSO BEING THE CITY LIMITS; THENCE SOUTHEASTERLY ALONG SAID CITY LIMITS TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TOTHE SOUTHERLY RIGHT-OF-WAY OFMOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141;THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141;THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17,BLOCK 141;THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID 4 . LOT 17, TO THE CENTER OF OAK STREET; THENCE WESTERLY ALONG THE CENTERLM OF OAK STREET TO THE INTERSECTION OF SAID CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO A POINT OPPOSITE THE NORTH LINE OF LOT 5;THENCE EASTERLY ALONG THE NORTH LINE OF LOT 5 TO THE CENTER OF MATHEWS STREET;THENCE SOUTHERLY ALONG THE CENTER OF MATHEWS STREET TO A POINT OPPOSITE THE SOUTH LINE OF LOT 5;THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY TO A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2;THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET;THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4,BLOCK 133;THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133;THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET;THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET;THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15, BLOCK 133; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET;THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON CENTERLINES OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. SUCH PROPERTY AS CONTAINED IN THE FOREGOING DESCRIPTION IS FURTHER DESCRIBED BY LOTS AND BLOCKS AS FOLLOWS: BLOCK E,F,G; BLOCK 1, 2, 3,4,6,7, 8,9, 10, 11, 12, 13, 14, 15, 18, 19, 21, 22,23, 24, 25,26, 31,32,33,34, 35,41,42,43,44,45,55,EXCEPT THE PORTION SOUTHWEST OF THE SOUTHERLY RIGHT-OF-WAY OF THE C&S RAILROAD,74,84,91,92,93, 101, 102, 103, 104, 111, 112, 113, 114, 121, 122, 123, 124, 131;LOTS 1,2,3,4,5, 14, 15, 16, 17, 18, 19, AND THE SOUTHERLY 1-1/2 FEET OF LOT 13 OF BLOCK 51; THE EAST 1/2 OF BLOCK 81, THE EAST 1/2 OF BLOCK 82; LOTS 1, 2, 3, 4 AND 5 EXCEPT THE PORTION IN THE NORTHWEST CORNER OF BLOCK 83;THE EAST 1/2 OF BLOCK 115;THE EAST 1/2 OF BLOCK 116;THE WEST 1/2 OF BLOCK 125; THE WEST 1/2 OF BLOCK 126; THE WEST 1/2 AND LOTS 1 AND 2 LESS THE NORTHERLY 10 FEET OF LOT 2 AND LOT 5 OF BLOCK 132;LOTS 4,5, 6,7, 8, 15, 16 OF BLOCK 133;LOTS 4,5,6,7,8,9, 10, 11, 12, 13, 14, 15, 16,AND THE WEST 30 FEET OF LOT 17 OF BLOCK 141;AND ALL OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST, NOT PREVIOUSLY MENTIONED; . 5 ALSO ALL OF THE RAILROAD RIGHTS-OF-WAY LOCATED IN THE SOUTHWEST 1/4 OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST;ALL IN THE CITY OF FORT COLLINS, COLORADO, ACCORDING TO THE TOWN PLAT DATED JANUARY 16, 1873,AND RECORDED JANUARY 18, 1873,IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER. Section 4. That the Plan of Development is hereby amended by the Council so as to delete the legal description for the Downtown Development Authority boundary contained on page 3 thereof, and to substitute therefor the legal description contained in Section 3 of this Ordinance. Introduced and considered favorably on first reading and ordered published this 17th day of October,A.D. 2000, and to be presented for final passage on the 7th day of November, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of November, A.D. 2000. Mayor ATTEST: City Clerk 6 • EXHIBIT A Page 1 of 2 MULBERRY/LEMAY CROSSINGS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7,AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE ALONG THE WEST-LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST, 2827.53 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE DEPARTING SAID LINE, • SOUTH 34 DEGREES 02 MINUTES 15 SECONDS EAST, 555.26 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF BUFFALO RUN APARTMENTS P.U.D. THENCE RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270. THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES EXIIIBIT A Page 2 of 2 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET THEN NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON-TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET AN ARC DISTANCE OF 14.48 FEET ACHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2)NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE. THENCE RUNNING ALONG SAID EAST RIGHT OF WAY LINE THE NEXT TWO (2) COURSES. 1) NORTH 01 DEGREES 36 MINUTES 06 SECONDS EAST, A DISTANCE OF 1742.58 FEET. 2) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 19 DEGREES 53 MINUTES 59 SECONDS WITH A RADIUS OF 1030.93 FEET. AN ARC DISTANCE OF 358.06 FEET. A CHORD BEARING OF NORTH O8 DEGREES 00 MINUTES 52 SECONDS WEST, A DISTANCE OF 356.26 FEET TO THE POINT OF BEGINNING, CONTAINING 1,854,122 SQUARE FEET OR 42.56 ACRES, MORE OR LESS. EXHIBIT B DESCRIPTION OF THE CITY-OWNED PROPERTY TO BE INCLUDED IN THE FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT: BEGINNING AT A POINT ON THE EXISTING EASTERLY BOUNDARY OF THE DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT AT THE INTERSECTION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE WITH THE EAST LINE OF THE WEST HALF OF SECTION 12 TOWNSHIP 7 NORTH RANGE 69 WEST OF THE SIXTH P.M., SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE,EASTERLY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE NORTH RIGHT OF WAY OF EAST MULBERRY STREET; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; • THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE,WESTERLY TO THE SAID EAST LINE OF THE WEST HALF OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST HALF OF SECTION 12,NORTHERLY TO THE POINT OF BEGINNING.