HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2004 - FIRST READING OF ORDINANCE NO. 050, 2004, AUTHORIZ ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: March 16, 2004
FORT COLLINS CITY COUNCIL STAFF: Matt Baker
Basil Hamdan
SUBJECT
First Reading of Ordinance No. 050, 2004, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Stormwater Utility Drainage Outfall for the North Tributary System and the
Street Oversizing Ziegler Road Realignment Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The acquisition costs will be covered by the Ridgen Farm Development, even if condemnation is
required. A letter of credit in the amount of $60,000 will be posted by the developer to
guarantee funding. If condemnation is required, these funds will be appropriated into the Street
Oversizing Fund.
EXECUTIVE SUMMARY
A stormwater drainage easement is required for the North Tributary outfall across property east
of CR 9 owned by Ed McDowell. The North Tributary Stormwater pipe drains areas of existing
Parkwood, Parkwood East, and Meadows East neighborhoods. Installation of this storm water
pipe across Timberline Road was done in 1999, and currently floods property owned by the
Rigden Farm Development before spilling into the Fossil Creek Reservoir Inlet Ditch (FCRID),
overtopping CR13 and draining into the Poudre River.
The developer for Rigden Farm Sixth Filing is planning development of this flood affected
property and has proposed a siphon structure to carry 100 year storm flows under the FCRID
ditch and CR 9 and into an open channel to the Poudre River. As is standard practice, the
Stormwater Utility has been working with the developer to design and construct these regional
drainage improvements.
The Street Oversizing Program has also been working with the developer to obtain the right of
way necessary to construct Ziegler Road from Drake to Horsetooth on a new alignment west of
the FCRID. This new alignment will meet minor arterial standards and eliminate the current
substandard roadway with narrow one lane bridges.
March 16, 2004 -2- Item No. 15
The developers of Rigden Farm Sixth Filing and the Sidehill development require the drainage
easement before the developments are able to proceed. The Rigden Farm developer has been
negotiating with the McDowells for over two years without success. Staff has tried to facilitate
the negotiations of the property owners for the last four months, however no measurable
progress has been made. The negotiations are amicable and staff continues to work with all
parties and is hopeful that the acquisition will occur by agreement.
In accordance with Resolution 2001-40, the Rigden Farm developers have requested the City
exercise its eminent domain powers for the acquisition of the necessary drainage easement and
Ziegler Road right-of-way. Staff analysis of the guidelines for requesting this action are as
follows:
There is a sufficient public purpose to justify the acquisition by eminent domain.
The drainage easement is necessary for a regional stormwater facility outfall. The
roadway right-of-way is necessary for the construction of a City arterial road.
Both easements will be dedicated to the City.
It is clear that the eminent domain proceedings are not being commenced
primarily to advance a private interest or private use. These will be City
facilities serving existing neighborhoods as well as future development.
The developer has, to the maximum extent possible, redesigned the project to
alleviate or minimize the need for the proposed easement or right-of-way. The
developer has worked in conjunction with the City on the design of these facilities
and has agreed to allow the realignment of Zeigler Road to occur entirely on their
property.
All reasonable offers have been made to obtain the easements and/or rights-of-
way by private agreement and those efforts have been unsuccessful. Rigden
Farms has been negotiating with the current owner for over two years and has not
been successful.
The improvements for which the easements or right-of-way are needed will be
utilized by more than one person, partnership or other entity and are necessary to
connect the proposed development with existing infrastructure, such as
transportation, water, sewer, or other utilities. The proposed drainage
improvements are needed by Ridgen Farm Sixth Filing and Sidehill developments
as well as existing neighborhoods. The transportation improvements will
alleviate a substandard roadway where two fatalities have occurred, make an
important arterial roadway connection, and remove two single lane bridges.
The developer has entered into an agreement with the City, satisfactory in form
and substance to the City Manager and the City Attorney, that sets forth the
parties' respective rights and obligations related to the eminent domain
proceedings, including, without limitation, a provision obligating the developer to
pay all costs of the property acquisition, including all City costs related to said
proceedings. The Rigden Farm developer will post a letter of credit in the
March 16, 2004 -3- Item No. 15
amount of$60,000.00 to guarantee the payment of all costs should the City begin
condemnation proceedings.
The discretion to determine whether the criteria have been met rests solely with City Council.
Staff believes acquisition of these easements and rights of way benefit the City at large and
would require acquisition in the near future even without the development projects.
This authorization will allow the City to begin condemnation proceedings if the continuing
negotiations are not successful. All property owners and their attorneys understand that the City
is taking this action and that staff will continue the current good faith negotiations to acquire the
property without condemnation proceedings.
ATTACHMENTS
Resolution 2001-040 Establishing a Policy for the Exercise of the City's Eminent
Domain Powers in Conjunction with the Development of Private Property.
COPY
RESOLUTION 2001-40
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A POLICY FOR THE EXERCISE OF
THE CITYS EMINENT DOMAIN POWERS IN CONJUNCTION WITH THE
DEVELOPMENT OF PRIVATE PROPERTY
WHEREAS,the City of Fort Collins(the"City"),as a home rule municipality,is authorized
under Article XX,Sections 1 and 6 of the Colorado Constitution to purchase and hold real property
and,within or without its territorial limits,to acquire interests in such property for public use byright
of eminent domain; and
WHEREAS, the City's need to acquire real property generally arises in the context of the
City's own capital projects; and
WHEREAS,the City has, through the adoption of its Land Use Code,established a policy
of requiring the developers of private property to design and construct certain off-site public
improvements that are needed to offset the impacts that the proposed developments will have upon
the City's transportation system, utilities, parks and other public facilities; and
WHEREAS, this policy of having development "pay its own way" frequently results in the
construction of public infrastructure at no cost to the City that not only benefits particular
developments but also serves an important public purpose and benefits the community at large;and
WHEREAS, these off-site improvements often necessitate the acquisition of easements or
rights-of-way by developers to be dedicated to the City and/or other publicly owned or publicly
regulated utility agencies; and
WHEREAS,developers are sometimes unable to proceed with development projects because
of their inability to obtain these necessary easements or rights-of-way by agreement with the property
owner; and
WHEREAS, the City Council believes that some of these property acquisitions that are
necessary for the installation of public infrastructure should be supported,if necessary,by the City's
exercise of its eminent domain powers,because of the public purpose and benefit involved in such
acquisitions; and
WHEREAS, for the foregoing reasons, the City Council wishes to establish the guidelines
provided below to help staff identify situations in which the City's use of its eminent domain powers
may be appropriate in conjunction with the development of private property.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager,in reviewing requests from private developers for the
City's exercise of its eminent domain powers, shall review such requests and present for Council's
consideration proposed real property acquisitions through the use of eminent domain when the
following circumstances exist:
(a) There is a sufficient public purpose to justify the acquisition by eminent domain;
(b) It is clear that the eminent domain proceedings are not being commenced primarily
to advance a private interest or private use;
(c) The developer has, to the maximum extent possible, redesigned the project to
alleviate or minimize the need for the proposed easement or right-of-way;
(d) All reasonable efforts have been made to obtain the easements and/or rights-of-way
by private agreement and those efforts have been unsuccessful;
(e) The improvements for which the easements or rights-of-way are needed will be
utilized by more than one person, partnership or other entity and are necessary to
connect the proposed development with existing infrastructure, such as
transportation, water, sewer, stormwater or other utilities; and
(f) The developer has entered into an agreement with the City, satisfactory in form and
substance to the City Manager and City Attorney, that sets forth the parties'
respective rights and obligations related to the eminent domain proceedings,
including, without limitation,a provision obligating the developer to pay all costs of
the property acquisition, including all City costs related to said proceedings.
Section 2. Any such proposed eminent domain action shall be closely reviewed by the
City Council to ensure that the primary purpose of acquiring the real property in question is public
in nature and that the acquisition of the same is necessary in the public interest,notwithstanding any
incidental private benefit that may be conferred upon the developer submitting the condemnation
request to the City.
Section 3. The discretion to determine whether the criteria set forth in Section I above
have been met shall be vested solely in the City Council. Nothing herein shall be construed as
limiting,or imposing additional conditions upon,the City's ability to exercise its powers of eminent
domain as authorized in the Colorado Constitution and statutes and the ordinances of the City.
Passed and adopted at a regular meeting of the City Council held t1d6th day of March,A.D.
2001. l Jam'
Mayor
TTEST:
City Clerk
ORDINANCE NO. 050, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS IN CONNECTION WITH THE STORMWATER UTILITY DRAINAGE
OUTFALL FOR THE NORTH TRIBUTARY SYSTEM AND THE STREET OVERSIZING
ZIEGLER ROAD REALIGNMENT PROJECT
WHEREAS, the Stormwater Utility Drainage Outfall for the North Tributary System and
the Street Oversizing Ziegler Road Realignment Project('Project")is scheduled to start in the Fall
of 2004; and
WHEREAS, the Project impacts existing developments (Parkwood, Parkwood East, and
Meadows East) as well as two new developments (Ridgen Farm and Sidehill) which have been
working with the City on regional drainage improvements and includes a new alignment of Ziegler
Road from Drake Road to Horsetooth Road that will improve and upgrade a substandard roadway
to meet minor arterial standards; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing street, drainage and other related 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 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 Exhibits "A" through "S", attached hereto
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
March, A.D. 2004, and to be presented for final passage on the 6th day of April, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
s ect Road
5'
Drake Ro d
DRAINAGE
EASEMENT
N CQUISITION
/7 ROADWAY
J EASEMENT
P ACQUISITION
Horsetooth Roa
0406001,6002,4003,2Q0
ree
N
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City of Fort Collins - Vicinity Map
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McDowell Property
C ih oI Ln t Collins s
EXHIBIT "B,,
LEGAL DESCRIMON
DRAINAGE EASEMX NT AND TEMPORARY CONSTRUCTION EASEMENT
A DRAINAGE EASEMENT LOCATED IN SECTION 28, TOWNSHIP 7 NORTH.RANGE 68 WEST, OF
THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF
COLORADO.DESCRIBED AS:
BASIS OP BEARINGS. THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28,BEING
MONUMEN'TED AT THE NORTA24D BY A 3"ALUMINUM CAP STAMPED "RA BRADSHAW"IN A
RANGE BOX AND AT THE SOUTH END BY A 3" ALUMINUM CAP STAMPED "LS 1749T' IN A
RANGE BOX BEARS SOO°!0'STS. WITH A DISTANCE OF 2650.99, BETWEEN DESCRIBED
MONUMENTATION.
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
29;
THENCE SWO10'52"E ON THE WEST LINE OF SAID NORTHWEST QUARTER, 101.I1 FEET TO THE
POINT OF BEGINNING- SAID POINT OF BEGINNING ALSO BEING A POINT ON THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN
RAILROAD THE FOLLOWING THREE(3)COURSES:
1) S49°39'W!E,A DISTANCE OF 1,252.27 FEET TO A POINT OF CURVATURE:
2) ALONG THE ARC OF A CURVE TOM LEFT, SAID CURVE HAVING A DELTA OF 070191101,
AND A RADIUS OF 5,780.00 FEET.A DISTANCE OF 738.39 FEET,THE CHORD OF SAID CURVE
BEARING S53018'35'M WITH A LENGTH OF 737.88 FEET TO A POINT OF TANGENCY;
3) S56058'10E,A DISTANCE OF 5,436.66 FEET;
THENCE S33001'51Y W.A DISTANCE OF 75.00 FEET;
THENCE N56958'10"W,A DISTANCE OF 84.64 FEET;
THENCE S33001'50"W,A DISTANCE OF 135.00 FEET;
THENCE N56058' 1Y-W,A DISTANCE OF 210.00 FEET;
THENCE N33001'50"E.A DISTANCE OF 135.00 FEET;
THENCE N56°58'10"W,A DISTANCE OF 5,142.02 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF
07-19'lo" AND A RADIUS OF 5,955.00 FEET, A DISTANCE OF 747.97 FEET,TIC CHORD OF SAID
CURVE BEARING N53018'35"W WITH A LENGTH OF 747.46 FEET TO A POINT OF TANGENCY;
THENCE N49039'00"W,A DISTANCE OF 879.39 FEET;
THENCE S40021'W W,A DISTANCE OF 45.00 FEET;
THENCE N49°39'00W, A DLSTANC33 OF 270.29 FEET TO A POINT ON THE WEST LINE OF SAID
NORTHWEST QUARTER;
THENCE ALONG WEST LINE OF SAID NORTHWEST QUARTER NOO°10'52"W, A DISTANCE OF
157.88 FEET TO THE POINT OF BEGINNING;CONTAINING 596,382 SQUARE FEET OR 13.69 ACRES.
TOGETHER WITH:
A TEMPORARY CONSTRUCTON EASEMENT LOCATED IN THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
LARAER COUNTY,STATE OF COLORADO,DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
28;
THENCE S00°10'52"E ON THE WEST LINE OF SAID NORTHWEST QUARTER,258.99 FEET TO THE
POINT OF BEGINNING;
X17910000�R19916412UpWUWAL DWC RWMN COTMNWOOD OUIFAIL CHANNELaa:
THENCE 549039'W'E,A DISTANCE OF 270.29 FEET;
THENCE N40°21'00E.A DISTANCE OF 45.00 FEET;
THENCE S49039'00 E,A DISTANCE OF 979.39 FEET TO A POINT OF CURVATURE;
ALONG THE ARC OF A CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 07019'10"AND A
RADIUS OF 5.855.00 PEEP, A DISTANCE OF 747.97 FEET,Tiff CHORD OF SAID CURVE BEARING
S53018'35"E WITH A LENGTH OF 747.46 FEET TO A POINT OF TANGENCY;
THENCE S56058'10"S.A DISTANCE OF 5,142-02 FEET;
THENCE S33001'50"W.A DISTANCE OF 135.00 FEET;
THENCE S56058'10"E,A DISTANCE OF 210.00 FEET;
THENCE N33001'50'E,A DISTANCE OF 135.00 FEED;
THENCE S56058'10"E,A DISTANCE OF 84.64 FEET:
THENCE N33001'N'E,A DISTANCE OF 75.00 FEET;
THENCE S56058'10"E.A DISTANCE OF 25.00 FEET;
THENCE S33001'50"W,A DISTANCE OF 100.00 FEET:
THENCE M001'50"W,A DISTANCE OF 119.70 FEET;
THENCE S33001'5U"W.A DISTANCE OF 5036 FEET;
THENCE N56'58'10"W,A DISTANCE OF 260.00 FEET;
THENCE N33001'50"E.A DISTANCE OF 135.00 FEET;
THENCE N56058'10"W,A DISTANCE OF 5,117.02 FEET TO A POINT OF CURVATURE;
ALONG THE ARC OF A CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 07019'10"AND
A RADIUS OF 5,380.00 FEET,A DISTANCE OF 751.16 FEET,THE CHORD OF SAID CURVE BEARING
N53018'35"W WITH A LENGTH OF 750.65 FEET TO A POINT OF TANGENCY;
THENCE N49039'OP W,A DISTANCE OF 909.39 FEET;
THENCE S85-21100"W.A DISTANCE OF 63.64 FEET;
THENCE N49039'00"W, A DISTANCE OF 273.92 FEET TO A POINT ON THE WEST LINE OF SAID
NORTHWEST QUARTER:
THENCE ALONG WEST LINE OF SAID NORTHWEST QUARTER N00010'52"W,A DISTANCE OF 32.89
FEET TO THE POINT OF BEGINNING:CONTAINING 198,099 SQUARE FEET OR 4.55 ACRES,;
L MICHAEL S.BRAKE,A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN THE
STATE OF COlORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS
OF MY 1, AND BELIEF,ARE CORRECT.
0 REG/
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S.BRAKE,PRooSS AL ENGBVEER AND LAND RVEYOR
COLD Ph''A�iD Pf.S` O. 2
FOR AND TR SNGTNtffRIIdG,LLC.
THIS I.WAL DESCRIPTION DOES NOT CONSITU7E A TYf7S SEARCH BY 1R tNGINEER7N0 TO DETEMIAT OWNFRSNIP OF
77,15 TRACT OR VERfPY EASK.IQ'M5 OF RECORD. !R ENGDvfiMUW AND 771E SURVEYOR Of RECORD ASSUJW NO
RzpDN9IBjm FOR OWNRRffIIP RIGHTS OR ExjnwG EASEmwr RIGAIS AND RECOMMENDS CONSCILTA77ON MM AN
ATTORNAT
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EXHIBIT "F"
LEGAL DESCRIPTION
PUBLIC RIGHT-OF-WAX
A TRACT OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 28,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERK)IAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DEScIwJED
AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID
SECTION 28, BEING MONUMENTED AT THE NORTH END BY A 3 1/4"ALUMINUM CAP
STAMPED"LS 17497"IN A RANGE BOX, AND AT THE SOUTH END BY A 2 1/2" ALUMINUM
CAP STAMPED"LS 14823, 1995, RBD, INC", BEARS S00`10'52"E, A DISTANCE OF 2650.99
FEET.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28;
TIIENCE S00°10'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, A
DISTANCE OF 265.86 FEET,TO THE POINT OF BEGINNING;
THENCE S03009'0I"E, A DISTANCE OF 1189.58 FEET,TO THE NORTHWESTERLY RIGHT OF
WAY OF EXISTING ZIEGLER ROAD;
THENCE S57°57'03 W,A DISTANCE OF 72.55 FEET TO A POINT ON THE WEST LINE OF SAID
SOUTHWEST ONE-QUARTER;
THENCE N00'10'52"W, ON SAID WEST LINE, A DISTANCE OF 1226.29 FEET TO THE POINT
OF BEGINNING;
CONTAINING A CALCULATED AREA OF 37,781 SQUARE FEET, OR 0.867 ACRES
LEGAL DESCRIPTION STATE,Mi NT
I, DAVID P. ROBERTS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THA ' ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR
UNDER MY RE �� ARGE, AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION CT.
DAVID P. ROB ;•.PROFESSI11� LAND SURVEYOR DATE
COLORADO P.L. '528a5• '
FOR AND ON BE AIlk* INEERING,LLC
1-14IS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY 1R ENGINEERING TO DETERMINE OWNERS]IIP OF
TINS TRACTOR VERIFY EASEMENTS OF RECORD.IR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EMSTINO EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN
ATTORNEY.
EXHIBIT "G®
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Exhibit"A-z
EX11MIT "H"
LEGAL DESCRIPTION
SLOPE EASEMENT
A SLOPE EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHWEST ONE QUARTER OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823, 1995, RBD,
INC.", IS ASSUMED TO BEAR S00010'52"E WIH A DISTANCE OF 2650.99 FEET BcT'WEEN SAID
MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE S00010.52"E
ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 65.56 FEET, TO THE
POINT OF BEGINNING;
TI IENCE S05041'45"E A DISTANCE OF 356.17 FEET;
THENCE SO402428"E A DISTANCE OF 299.20 FEET;
THENCE S00000'00"E A DISTANCE OF 100.00 FEET;
THENCE S05028'18"E A DISTANCE OF 606.67 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF
OLD COUNTY ROAD 9;
THENCE S57057'13"E ON SAID NORTHWESTERLY RIGHT-OF-WAY A DISTANCE OF 59.29 FEET;
TI IENCE N03008'38"W A DISTANCE OF 1190.88 FEET, TO THE WEST LINE OF THE SOUTHWEST ONE
QUARTER;
THENCE N00010'52"W ON SAID WEST LINE, A DISTANCE OF 199.00 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 41,999 SQUARE FEET 0R 0.96 ACRES.
I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN TILE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXIIIBIT
WERE PREPARED •SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION, ORRECT.
o',• p. %
. 32
DAVID P. ROB '•RROFESSIQ AND SURVEYOR
COLORADOPL 625..•• '
FOR AND ON TH �I�A1W GINEERING, LLC.
7711S LEGAL DESCRIPT/ON DOES NOT CONSTITUTE A TITLE SEARCH RYJR ENGINEERING TO DETERMINE OII'NERSHIP OF INS
TRACTOR VERIFI'EASEMENTS OF RECORD.JR ENGINEERING AND 771E SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY
FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGf=AND RECOMMENDS CONSULTATION WITH AN ATTORNEY.
EXHIBTI' "I"
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Exhibit"A-2"
EXHIBIT "J"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A DRAINAGE EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHWEST ONE QUARTER OF
SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS,COUNTY OF LARIMER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX, AND AT THE SOUTH END BY A 2-112" ALUMINUM CAP STAMPED "LS 14823, 1995, RBD,
INC.", 1S ASSUMED TO BEAR S00010'52"E WIH A DISTANCE OF 2650.99 FEET BETWEEN SAID
MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 29, THENCE S00010'52"E
ON TI IE WEST LING OF SAID SOUTHW EST ONE QUARTER A DISTANCE OF 716.83 FEET;
THENCE S90000'00"E A DISTANCE OF 53.65 FEET,TO THE POINT OF BEGINNING;
TI IENCE S90000'00"E A DISTANCE OF 60.10 FEET,TO THE EASTERLY RIGI I T-OF-WAY OF OL COUN'fY
ROAD 9 AS IT EXISTED ON 14 NOVEMBER,200%
TI IENCE S0000947"E ON SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 701.25 FEET;
TI IENCE S57057'13"W ON THE NORTHWESTERLY ROW OF SAID OLD COUNTY ROAD 9, A DISTANCE
OF 5.01 FEET;
TI IENCE N05028'18"W A DISTANCE OF 606.67 FEET;
TI IENCE N00000'00"E A DISTANCE OF 100.00 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 25,536 SQUARE FEET OR 0.59 ACRES.
I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OP
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT
WERE PREPARED U ONSIDLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION,AN o IR RE CT,
rb;a`O F•Hq�y;�O
3 7
DAVID P. ROBER FESSION41 D SURVEYOR
COLORADO PLS 75.......64
FOR AND ON THE B NEERING, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A 17TLE SEARCH 8YJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS
TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILI7T
FOR OWNERSHIP RIGH7S OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH ANA7TORNEY.
EXE mrr "g'I
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EXHIBIT "L"
LEGAL DESCRIPTION
SLOPE CASEMENT
A SLOPE EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION
28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT
COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 29, BEING
MONUMENTED AT THE WEST END BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A
RANGE BOX, AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED "RA BRADSIIAW" IN A
RANGE BOX, IS ASSUMED TO BEAR S89-26'35"E, with A DISTANCE OF 2641.51 FEET BETWEEN
DESCRIBED MONUMENTATION.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28, THENCE N00°10'52"W ON
THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 42A6 FEET, TO THE POINT OF
BEGINNING;
THENCE CONTINUING N00410'52"W ON SAID WEST LINE,A DISTANCE OF 74.26 FEET;
THENCE S22011'04"E,A DISTANCE OF 46.00 FEET;
THENCE S28025'18"W,A DISTANCE OF 36,00 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 156 SQUARE FEET, OR 0.0035 ACRES.
I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT
WERE PREPARED UN SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION,AN € RRECT.
O •P:H•••. F9�.
�� a � a 2.7ifbdo
DAVID P. ROBE ftOFESSION D SURVEYOR
COLORADO PLS 82f,
FOR AND ON THETj EERING, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARC/f BY JR ENGINEERING TO DETERMINE OIYNERSHIP.OF THIS
TRACT OR VERIFY EASEAIENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY
FOR OlfWERSHIP RIGHTS OR EXISTING EASEMENT RIQHTSAND RECOMMENDS CONSULTATION WITN ANATTORNEY.
EXHIBIT "M"
nm SCALE 1r109.OAIE OIAI1 2 0.1 1110.nE.VA0009MIVI111414V.9NI�,,ft EN/V191NLEO h1
p0 MORTM LINE OF THE NORMEA91 ONI-WARIER OI SEC➢ON 29
■ — _ _ SB9'GS'SYE 1141,51'—
\ BASIS OF BEARINGS
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EXHIBIT "N"
LEGAL DESCRIPTION
PUBLIC RIGHT-OF-WAY
A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OP SEC ION 28,
TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,IN THE
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF TIIE SOUTHWEST ONE QUARTER OF
SECTION 28, BEING MONUMENTED AT THE NORTH END BY A 3 1/4" ALUMINUM
CAP STAMPED"LS 17497" IN A RANGE BOX, AND AT THE SOUTH END BY A 2 IlZ"
ALUMINUM CAP STAMPED "LS 14823, 1995. RBD, INC", 1S ASSUML'D TO BEAR
SOO°10'52"E, WITH A DISTANCE OF 2651.04 FEET BETWEEN DESCRIBED
MONUMENTATION.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28;
THENCE SOO`IO'52"E ON THE WEST LINE OF SAID SOUTHWESI' ONE-QUARTL'R, A
DISTANCE OF 1544.15 FEET;
THENCE N89049'08"E, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF
WAY LINE OF ZIEGLER ROAD AS IT EXISTED ON 26 OCTOBER, 2001, AND THE
POINT OF BEGINNING;
THENCE N57'57'13"E, ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 41.29
FEET;
THENCE S03008'52"E,A DISTANCE OF 10.81 FEET,TO A POINT OF CURVEATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A DELTA OF 07°22.54",A RADIUS OF
1142.00 FEET,THROUGH AN ARC DISTANCE OF 147.13 FEET,THE CHORD OF WHICH
BEARS S00°32'35"W A DISTANCE OF 147.02 FEET,TO A POINT OF TANGENCY;
THENCE SO4"14'02"W,A DISTANCE OF 230.44 FEET,TO A POINT OF CURVEATURE;
THENCE ON A CURVE TO THE LEFT HAVING A DELTA OF 04°23'46", A RADIUS OF
1058.00 FEET,THROUGH AN ARC DISTANCE OF 81.18 FEET,THE CHORD OF WHICH
BEARS S02002'09"W,A DISTANCE OF 81.15 FEET,TO A POINT OF TANGENCY;
THENCE S00009'44"E,A DISTANCE OF 175.09 FEET;
THENCE S89049'08"W, A DISTANCE OF 12.84 FEET TO THE EASTERLY RIGHT-
OF-WAY LINE OF ZIEGLER ROAD,AS IT EXISTED ON 26 OCTOBER,2001;
THENCE NOO'10'52"W ON SAID EASTERLY RIGIIT-OF-WAY LINE, A DISTANCE OF
621.93 FEET TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 14,439 SQUARE FEET OR 0.331 ACRES.
LEGAL DESCRIPTION STATEMENT
I, DAVID P. ROBERTS, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HE I THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY M T7rW ESPONSIBLE CHARGE, AND ON TILE BASIS OF
MnKNILEDG 1 BELIEF,IS CORRECT.
zB Z 7 .UOU O!
DAVID P.ILOBHR QFESS�➢N ND SURVEYOR DATE
COLORADO P.L.S. ! ' �psS``��
FOR AND ON BEIIA INEERING,LLC
"rI[IS LFOAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY 1R ENOINEERINO TO DETERMINE
OWNERSHIP OF THIS 1 RACT OR VERIFY EASEMENTS OF RECORD 1R ENOINEERINO ANO TI IE SURVEYOR OF
RECORD ASSUMES NO RESPONSIBILITY FOR O WNERSI IIP RIGHTS OR EXLS UNO EASEMEN r RIGI ITS AND
RECOMMENDS CONSULTATION WITH AN ATTORNEY. 1
X:U910000.01V1916414%Lcpl Uspls Flnd\9I64I4LOU.d"
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EXHIBIT "Pee
0-4 F4 079 0og
LEGAL DESCRIPTION
SLOPE EASEMENT
A SLOPE LASEMENT OVER AND ACROSS A PORTION OF THE SOUTHWEST ONE QUARTER OF
SECTION 28,TOWNSHIP 7 NORTII,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:771B WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23,
BEING MONUMEN ED AT THE NORTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX,AND AT THE SOUTH END BY A 2-IQ"ALUMINIUM CAP STAMPED"LS 14823. 1995,RBD,
INC.", IS ASSUMED TO BEAR S00'10'52"E WIII A DISTANCE OF 2650.99 FEET BETWEEN SAID
MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28.THENCE 900'10'52"E
ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 1522.29 FEET;
IIIENCY: N89'491 I"E A DISTANCE OF 65.07 FEET, TO THE SOUTH EASTERLY IGHT-OF-WAY OP
OLD COUNTY ROAD 9 AND THE POINT OF BEGINNING;
TO IENCIE N57'57'13"E ON SAID SOUTHEASTERLY NGHT-OF-WAY,A DIS-1 ANCE OF 62.64 FEET;
THENCE S24'34'59"E A DISTANCE OF 89.31 FEET;
TO IENCE S 15'19'07"W A DISTANCE OF 96.00 FEET;
TOWINCE SOO'OnWE A DISTANCE OF 115.00 FEET;
7 HENCE S15*13'00"W A DISTANCE OF 325.00 FELT TO THE EASTERLY RIGHT OF WAY OF ZIEGLER
ROAD;
THENCE ON SAID EASTERLY RIGHT OF WAY THE FOLLOWING FIVE COURSES:
- I N00"09'44"W A DISTANCE OF 100.46 FEET,TO A POINT OF CURVE;
2.ON 711E ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 04023'46",A RADIUS OF 1058 00
FEET.A DISTANCE OF 8 1.17 FEET,THE CHORD OF WHICH BEARS NO2'02'09"E A DISTANCE OF 81.15
FEET,TO A POINT OF TANGENT;
3 N04'14TT'13 A DISTANCE OF 230.44 FEET,TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 07°22'53", A RADIUS OF d 142,00
FEET, A DISTANCE OF 147.13 FEET, THE CHORD OF WHICH BEARS N00'32'35"E A DISTANCE OF
147.02 FEET;
5.NO3'08'52"W A DISTANCE OF 10.81 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 32,145 SQUARE FEET OR 0.74 ACRES.
1, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT
WERE PREPARED UNDE -SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION,AND RRECT.
` WWO
DAVID P.ROBE Y,O SIONA' D SURVEYOR -L—
COLORADO PLS 43 001
o
FOR AND ON THE OP'I BOUND,LLC.
I.LAR�
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO
DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND
771E SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXIS77NO
EASEMENT RIGHTS AND RECOMMENDS CONSULTATION IVITHANA TTORNEY.
X.39 10000.dIV916414%UjalM cp6 Finl%916414LGLC hoc
Exhibit"A-I"
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EXHIBIT "R"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE QUARTSR OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY
OF LARIMER,STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SECTION 28, BEING
MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A RANGE
BOX,AND AT THE SOUTH END BY A 2-112"ALUMINUM CAP STAMPED"LS 14823, 1995,RDD, INC", IS
ASSUMED TO BEAR S00'10'52"E,WITH A DISTANCE OF 2650.99 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE S00°10'51"E
ON THE WEST LINE OF SAID SOUTHWEST ONE QUARTER,A DISTANCE OF 1489.22 FEET;
THENCE N89049'08"E, A DISTANCE OF 118.30 FEET, TO THE SOUTHEASTERLY RIGHT OF WAY OF
OLD COUNTY ROAD 9,AND THE POINT OF BEGINNING;
THENCE ON THE SOUTHEAST AND EASTERLY RIGHT OF WAY OF SAID OLD COUNTY ROAD 9, T1113
FOLLOWING TWO Q)COURSES:
1. N57"57'13"E,A DISTANCE OF 68.11 FEET;
2. N00"09'47"W,A DISTANCE OF 549.96 FEET;
THENCE S06056'00"E,A DISTANCE OF 592.71 FAT,
THENCE S32"14'09"E,A DISTANCE OF 142.96 FEET;
THENCE S43026'13"W,A DISTANCE OF 91.56 FEET;
THENCE N82059'32"W,'A DISTANCE OF 130.20 FEET,TO AN ANGLE POINT ON THE EASTERLY LINE
OF AN UNRECORDED SLOPE EASEMENT;
THENCE ON SAID EASTERLY LINE,THE FOLLOWING TWO(2)COURSES:
1. N 15"19V"E,A DISTANCE OF 96.00 FEET;
2. N24"34'39"W,A DISTANCE OF 89.31 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 48,267 SQUARE FEET OR 1,11 ACRES.
1, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT
WERE PREPARED U FSPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDOE,
INFORMATION, ORRECT.
32825 2 �-
DAVID P. ROB ;'•PROFBSSION ND SURVEYOR
COLORADOP '39$y,5,,,,••'
FOR AND ON TH GINEERING,LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING To DETERMINE bWNERSHIP OF THIS
7TIACT OR VERIFY EASEAIEMS OP RECORD.JR ENGINEERING AND THE SURVEYOR OP RECORD ASSUMES NO RESPONSIBILITY
FOR OR'NERSHIP RIGII7S OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY.
EXHIBIT "Sr'
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