HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2004 - FIRST READING OF ORDINANCE NO. 187, 2004 AMENDING ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: November 16, 2004
FORT COLLINS CITY COUNCIL STAFF: Matt Baker/
Basil Hamden
SUBJECT
First Reading of Ordinance No. 187, 2004, Amending 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 has been posted by the developer to guarantee
funding. If condemnation is required, these funds will be appropriated into the Street Oversizing
Fund.
EXECUTIVE SUMMARY
With Ordinance No. 050, 2004, Council granted authorization to allow the City to begin
condemnation proceedings if the continuing negotiations are not successful. The City has continued
good faith negotiations with the property owners to acquire the property. As a result of these
negotiations,there have been several minor changes to the construction details of the improvements.
These minor changes affect the amount of property required for the storm water drainage easement,
reduce the area of a planned vehicle turn around on the maintenance road, and reduce the slope
easement required for the Ziegler Road embankment. In addition, the property owners have
requested that the City act as intermediaries for other drainage and utility easements required by the
Rigden Farm development for its Sixth Filing.
To accommodate these changes and at the property owner's request,staff has prepared revised legal
descriptions for the eminent domain process. This Ordinance amends Ordinance No. 050,2004 by
revising the legal descriptions of the easements.
November 16, 2004 -2- Item No. 24
BACKGROUND
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 Rigden Farm development project, Sixth Filing, has been 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 development project to design and construct these
regional drainage improvements.
The Street Oversizing Program has also been working with the development project to obtain the
right-of-way necessary to construct Ziegler Road from Drake to Horsetooth on anew alignment west
of the FCRID. This new alignment will meet minor arterial standards and eliminate the current
substandard roadway with narrow one lane bridges.
The 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 conclusion of the
negotiations between the property owners for the last four months, however no progress has been
made. The negotiations are amicable and staff continues to work with all parties and is hopeful that
acquisition will be accomplished by agreement.
In accordance with Resolution 2001-040, 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 analyses 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 development project has worked in
conjunction with the City on the design of these facilities and has taken the burden of the
realignment of Zeigler Road entirely on its property.
November 16, 2004 -3- Item No. 24
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 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 and Sidehill developments as well as existing
neighborhoods. The transportation improvements will alleviate a substandard roadway where two
fatalities have occurred and make an important arterial roadway connection.
The developer has entered into an agreement with the City, satisfactory inform 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 amount of$60,000 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 have benefit to the City at large and would
require acquisition in the near future even without the development projects going forward with this
request.
In order for the eminent domain authority granted by the City Council in April to conform to the
current project plans, staff is asking that Council approve this Ordinance revising the legal
descriptions. City staff believes with this amendment, a willing possession and use and sale
agreement could be reached with the owner.
ORDINANCE NO. 187, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING 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
WHEREAS, on April 6, 2004, the Council adopted Ordinance No. 050, 2004, authorizing
acquisition by eminent domain certain property interests necessary for the construction of the
Stormwater Utility Drainage Outfall for the North Tributary System and the Street Oversizing
Ziegler Road Realignment Project ("Project"); and
WHEREAS,as a result of certain adjustments to the details of the construction plans for the
Project,the City must modify the legal descriptions for certain easements and other property interests
and add additional legal descriptions for other property interests for the Project; and
WHEREAS, the City has previously negotiated in good faith for the acquisition of said
property from the owner thereof; and
WHEREAS, the acquisition of the identified property is desirable and necessary for the
construction of the Project, is in the public interest and enhances the public health, safety and
welfare; and
WHEREAS, the acquisition of such property 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 Ordinance No. 050,2004 is hereby amended to add and incorporate the
property interests described in the attached Exhibits"T"to Exhibit"00",attached Amended Exhibit
"B",Amended Exhibit"C",Amended Exhibit"D",together with all references to Exhibits"A"and
Exhibits "E" to Exhibit "S" in said Ordinance.
Section 2. That Ordinance No. 050,2004 be otherwise unaltered and remain in full force
and effect, as amended hereby.
Introduced, considered favorably on first reading, and ordered published this 16th day of
November,A.D.2004,and to be presented for final passage on the 7th day of December,A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of December, A.D. 2004.
Mayor
ATTEST:
City Clerk
EXHIBIT"T"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE SOUTTHWEST ONE QUARTER OF SECTION 28 AND A PORTION
OF THE SOUTHEAST 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 SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497" IN
A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 14823,
1995, RBD, INC", IN A RANGE BOX, 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
S00010'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 13.88
FEET TO THE POINT OF BEGINNING;
THENCE N86051'08"E, A DISTANCE OF 7.02 FEET;
THENCE S03008'52"E, PARALLEL TO AND 20.00' EAST OF THE EAST RIGHT-OF-WAY LINE OF
ZIEGLER AVE, A DISTANCE OF 250.00 FEET;
THENCE S86051'08"W, A DISTANCE OF 19.98 FEET, TO THE WEST LINE OF THE SOUTHWEST
ONE-QUARTER OF SECTION 28;
THENCE CONTINUING S86008'52"W, A DISTANCE OF 0.02' TO THE EASTERLY RIGHT-OF-WAY
LINE OF ZIEGLER ROAD;
THENCE N03008'52"W, ON SAID EASTERLY ROW LINE, A DISTANCE OF 250.00 FEET;
THENCE N86051'08"E,A DISTANCE OF 12.98 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 5000 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HE AT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREP RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOI�LEDGE, INF olo�A4,� IEF, ARE CORRECT.
'GAP ��:
=� 26262
c,/ 4
i_
CHA S. 13RAKE, PMAESSlO L ENGINEFR'�8r L D S RVEYOR
COLORADO PE-PLS NO. 28262 aF 4 P,V•
FOR AND ON THE BEHALF OF JR ENG LC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
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PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN 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 MARKED "LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823,
1995,RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E,A DISTANCE OF 2650.99
FEET BETWEEN 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
1411.92 FEET;
THENCE N89049'08"E A DISTANCE OF 59.38 FEET TO THE EASTERLY RIGHT-OF-WAY OF
ZIEGLER ROAD,AND THE POINT OF BEGINNING;
THENCE N84031'21"E,A DISTANCE OF 76.50 FEET;
THENCE S05028'39"E, A DISTANCE OF 20.00 FEET;
THENCE S84031'21"W,A DISTANCE OF 77.31 FEET,TO SAID EASTERLY LINE;
THENCE N03008'52"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.02 FEET, TO THE POINT
OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1538 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO I THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, ELIEF,ARE CORRECT.
?� 28262 M.
-
Ll� P)A, I - c4l
MI HA S. BRAKE, R(5FE �1r.j C�,IW%t R LAN SURVEYOR
COLORADO PE-PLS NO. 28262 F,AND?-�`
FOR AND ON THE BEHALF OF JR G, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
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PAGE 1 OF 1
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LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN 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 SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497" IN
A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 14823,
1995, RBD,INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E,A DISTANCE OF 2650.99
FEET BETWEEN 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
1331.65 FEET;
THENCE N89049'08"E, A DISTANCE OF 55.22 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE N87010'04"E,A DISTANCE OF 70.24 FEET;
THENCE S02049'56"E, A DISTANCE OF 20.00 FEET;
THENCE S87010'04"W, A DISTANCE OF 70.13 FEET,TO SAID EASTERLY LINE;
THENCE N03008'52"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.00 FEET, TO THE POINT
OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1404 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HER THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P 111 Y RESPONSIBLE CHARGE AND ON THE
BASIS OF MY NO LEDGE, INF Q� LIEF,ARE CORRECT.
a�F•o
O
j 28262 ^ 1L, i-
ICHAEL S. RAKE;PROFESS •gNGINEgR& RhND SUR EYOR
COLORADO PE-PLS NO. 28262 °F """" 0
FOR AND ON THE BEHALF OF JR E LC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THISTRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHANATTORNEY.
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EXHIBIT"Y"
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PAGE 1 OF 1
r
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN 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 MARKED "LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00-I0'52"E, WITH A DISTANCE OF
2650.99 FEET BETWEEN 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
1308.11 FEET;
THENCE N89049'08"E, A DISTANCE OF 54.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE S89022'04"E,A DISTANCE OF 76.70 FEET;
THENCE S00037'56"W,A DISTANCE OF 20.00 FEET;
THENCE N89022'04"W, A DISTANCE OF 75.38 FEET, TO SAID EASTERLY LINE;
THENCE N03008'52"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.04 FEET, TO THE POINT
OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1521 SQUARE FEET
1, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO TATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXH IT WE BA4R�1j ER MY RESPONSIBLE CHARGE AND ON THE
BASIS OF �W DG :C3� je � D BELIEF,ARE CORRECT.
�
:3 m•
28262
I , PR SIGNAL ENGINE & LAND SURVEYOR
COLORADO PE-PLS NO. 282 ? "' 5'
FOR AND ON THE BEHALF O NG, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN A TTORNEY.
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PAGE 1 OF 1
LEGAL DESCRIPTION
UTILITY EASEMENT
A PARCEL LYING WITHIN 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 FURTHER 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 MARKED "LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED"LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°I0'52"E, WITH A DISTANCE OF
2650.99 FEET BETWEEN 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
1140.51 FEET;
THENCE N89049'08"E, A DISTANCE OF 45.32 FEET TO THE EASTERLY RIGHT-OF-WAY OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE N89049'08"E, A DISTANCE OF 124.15 FEET;
THENCE S00°10'52"W, A DISTANCE OF 20.00 FEET;
THENCE S89049'08"W, A DISTANCE OF 123.11 FEET, TO SAID EASTERLY RIGHT-OF-WAY;
THENCE N03008'52"W, ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 20.03 FEET, TO
THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2473 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO,DO HE ATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P R MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE,
BELIEF, ARE CORRECT.
N
28262 ,4 /
M HA L S. OFE I 13s4L ENGIIEER LAND SURVEYOR
COLORADO PE-PLS NO. 28262
826 0� •• '' g
FOR AND ON THE BEHALF OF 1 (91IQ E LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE.SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
X:\3910000.all\3916412\Legals\916414LX12.doc
19910000.enu91641noawin9s1E HIeIr61916414L 12.dw ,Leyou 1,10118=0408:13:38 AM,bmke
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PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN 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 MARKED "LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823,
1995, RBD, INC", IN A RANGE BOX, 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
S00010'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 813.53
FEET;
THENCE N89049'08"E, A DISTANCE OF 28.37 FEET, TO THE EASTERLY RIGHT-OF-WAY OF
ZIEGLER ROAD, AND TO THE POINT OF BEGINNING;
THENCE S55059'19"E,A DISTANCE OF 69.01 FEET;
THENCE S03008'52"E,A DISTANCE OF 43.09 FEET;
THENCE N55059'19"W, A DISTANCE OF 69.01 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD;
THENCE N03008'52"W, ON SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 43.09 FEET,
TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2370 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED SIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HE AT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, N, IEF, ARE CORRECT.
XiA LZ
28262 p 9
MI A L S. R FESSIO L1CrIPFEE & ANDS VEYOR
COLORADO PE-PLS NO. 28262 -AND P•\-'
FOR AND ON THE BEHALF OF JR ENG G, LLC.
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 THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
X:\3910000.aIM916412\Legals\916414LX6.doc
X:\3910000.aIN916412\Drawings\EXHIBITS\11 14LX6.dw ,Lay utl,10/15aON N:37:59 PM,bmme
EXHIBIT "EE"
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PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN 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 SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497" IN
A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 14823,
1995, RBD, INC", IN A RANGE BOX, 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°10'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 587.40
FEET;
THENCE N89049'08"E, A DISTANCE OF 16.65 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD,AND THE POINT OF BEGINNING;
THENCE N86051'08"E, A DISTANCE OF 35.00 FEET;
THENCE S03°08'52"E, PARALLEL TO AND 35.00' EAST OF THE EASTERLY RIGHT-OF-WAY LINE
OF ZIEGLER ROAD,A DISTANCE OF 250.00 FEET;
THENCE S86051'08"W, A DISTANCE OF 35.00 FEET, TO SAID NORTHERLY RIGHT-OF-WAY
LINE;
THENCE N03008'52"W, ON SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 250.00
FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 8750 SQUARE FEET OR 0.20 ACRES
1, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HE E THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P R MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, IN lk3 ELIEF, ARE CORRECT.
/,; /"
� � :PTV NB••. G
' 28262 m
MICHAE _§._BRWkt, PR S .ENGINEER& ANDS VEYOR
COLORADO PE-PLS NO. 28262 a .,. • "' g•
FOR AND ON THE BEHALF OF JR LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
X:\3910000.all\3916412\Legals\916414LX5.doc
X:\3910MO.all\39164120rawings\EXHIBITSl9l64l4LX5.dw ,La uit 10115=0404:36:09 PM,Orame
EXHIBIT"GG"
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EXHIBIT"HH"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST 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 NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, 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 BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'52"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 384.32 FEET TO THE
POINT OF BEGINNING;
THENCE S70058'18"E A DISTANCE OF 25.09 FEET;
THENCE S19001'42"W A DISTANCE OF 20.00 FEET;
THENCE N70058'18"W A DISTANCE OF 18.12 FEET, TO THE EAST LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 29;
THENCE N00°10'51"W, ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE
OF 21.18 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 432 SQUARE FEET
1, 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 PREP R MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, PREP
I ( BELIEF, ARE CORRECT.
� I l pv �,SHAW,i;•. 9�,
NVCHA L S. , P E Sql%�ALER ENGINE & AND S RVEYOR
COLORADO PE-PLS NO. 28262 }�
FOR AND ON THE BEHALF OF9V LC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
X:\3910000.all\3916412\Legals\916414LX2.doc
X:\391NO.aIN9164120rawingslEXHISITSWifi414L82.Cwg,Layouts,10/1 000408:14:04AM,bmkem
EXHIBIT "II"
PAGE 1 OF 1
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EXHIBIT "JJ"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST 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 NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A
3" ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E,WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'52"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 262.83 FEET TO THE
POINT OF BEGINNING;
THENCE S86043'30"E A DISTANCE OF 53.28 FEET, TO THE WEST RIGHT-OF-WAY LINE OF
ZIEGLER ROAD;
THENCE S00050'13"W, ON SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 27.83 FEET;
THENCE N86043'30"W A DISTANCE OF 52.79 FEET, TO THE EAST LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 29;
THENCE N00010'52"W, ON SAID EAST LINE, A DISTANCE OF 27.85 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 1474 SQUARE FEET
I, MICHAEL S. BRAKE, A MD)
OFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORAD E THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WER MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MYKNOWLEDG ` BELIEF,ARE CORRECT.
m
C
/ —Cr
Atli FE F�IfrTIN,E & LANDS VEYOR
COLORADO PE-PLS NO. 28262 'F.AND?--V
FOR AND ON THE BEHALF OF JR ING, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFYEASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHANATTORNEY.
X:\3910000.all\3916412\Legals\916414LXI.doe
X:\3910000.a189 916 4 12\Dre inga\EXHIBITS\916414LXi.dw,Layoutl,10118/20N 08:11:31 AM,bmkam
EXHIBIT "KK"
PAGE 1 OF 1
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PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST 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 NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A
3" ALUMINUM CAP MARKED "RA BRADSHAW' IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'S2"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 443.41 FEET TO THE
POINT OF BEGINNING;
THENCE S70058'18"E, A DISTANCE OF 25.33 FEET;
THENCE S19001'42"W, A DISTANCE OF 28.42 FEET;
THENCE N70058'18"W, A DISTANCE OF 15.43 FEET, TO THE EAST LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 29;
THENCE N00°10'52"W, ON SAID EAST LINE, A DISTANCE OF 30.09 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 579 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, TATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WE �lR 13�r,�"""" ER MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLED ? yxv, D BELIEF,ARE CORRECT.
U
� 2gGa"L
IC AEL §.Lb RO bN „Ei�1 & L SURVEYOR
COLORADO PE-PLS NO. 28 0 AND 4 ti'
FOR AND ON THE BEHALF OF RING, LLC.
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 THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHANATTORNEY.
X:\391 OOOO.all\3916412\Legals\916414LX3.doc
XU910000.a163916412\Dawings\EXHISITS\916414LX3.dwg,L wutl,IOil 62004 08:10:21 M.breksm
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PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST 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 NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A
3" ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'52"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 431.10 FEET;
THENCE N89049'08"E, A DISTANCE OF 23.92 FEET TO THE POINT OF BEGINNING;
THENCE N89049'08"E,A DISTANCE OF 24.00 FEET;
THENCE S00010'52"E, A DISTANCE OF 93.76 FEET;
THENCE S89049'08"W,A DISTANCE OF 33.35 FEET;
THENCE N00°10'S2"W,A DISTANCE OF 46.28 FEET;
THENCE NI9°01'42"E, A DISTANCE OF 28.42 FEET;
THENCE N00010'52"W, A DISTANCE OF 20.64 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2809 SQUARE FEET
I, 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 PREPAR Y RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, INFO LIEF, ARE CORRECT.
••�SHAWNe `cc Y
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MI HAEL S. B E, PYOjt§§I ENGINE &.LATib SU VEYOR
COLORADO PE-PLS NO. 28262 _..• ch
FOR AND ON THE BEHALF OF JR EN &I '-
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 THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHANATTORNEY.
X:\3910000.all\3916412\Legals\916412LXIO.doc
EXHIBIT "00"
PAGE 1 OF 1
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AMENDED EXHIBIT "B"
PAGE 1 OF 2
LEGAL DESCRIPTION
DRAINAGE EASEMENT 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 OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28, BEING
MONUMENTED AT THE NORTHEND BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A
RANGE BOX AND AT THE SOUTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX BEARS S00010'52"E, WITH A DISTANCE OF 2650.99, BETWEEN DESCRIBED
MONUMENTATION.
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
28;
THENCE S00010'52"E ON THE WEST LINE OF SAID NORTHWEST QUARTER, 258.99 FEET, TO A
POINT ON A LINE 120.00' SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE S49039'00"E, ON SAID PARALLEL LINE, A DISTANCE OF 146.86 FEET, TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF LARIMER COUNTY
ROAD 9;
THENCE N00050'13"E, ON SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 155.55 FEET,TO SAID
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°39'00"E,A DISTANCE OF 1,101.77 FEET TO A POINT OF CURVATURE;
2) ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 07"19'10"
AND A RADIUS OF 5,780.00 FEET, A DISTANCE OF 738.39 FEET, THE CHORD OF SAID CURVE
BEARING S53018'35"E WITH A LENGTH OF 737.88 FEET TO A POINT OF TANGENCY;
3) S56°58'10"E,A DISTANCE OF 5,436.66 FEET;
THENCE S33001'50"W,A DISTANCE OF 75.00 FEET;
THENCE N56058'10"W,A DISTANCE OF 84.64 FEET;
THENCE S33001'50"W,A DISTANCE OF 135.00 FEET;
THENCE N56058'10"W,A DISTANCE OF 210.00 FEET;
THENCE N33001'50"E,A DISTANCE OF 135.00 FEET;
THENCE N56058'10"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
07019'10" AND A RADIUS OF 5,855.00 FEET, A DISTANCE OF 747.97 FEET, THE 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 879.38 FEET;
THENCE S4002l'00"W,A DISTANCE OF 45.00 FEET;
THENCE N49039'00"W, A DISTANCE OF 123.43 FEET TO THE POINT OF BEGINNING;CONTAINING
578,540 SQUARE FEET OR 13.28 ACRES.
TOGETHER WITH:
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
LARIMER COUNTY, STATE OF COLORADO,DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
28;
X:\3910000.a11`33916412\Legals\LEGAL DESCRIPTION COTTONWOOD OUTFALL CHANNEL.doc
AMENDED EXHIBIT "B"
PAGE 2 OF 2
THENCE S00010'52"E ON THE WEST LINE OF SAID NORTHWEST QUARTER, 258.99 FEET, TO A
POINT ON A LINE 120.00' SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE S49039'00"E, ON SAID PARALLEL LINE, A DISTANCE OF 146.86 FEET, TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF LARIMER COUNTY
ROAD 9;
THENCE S49039'00"E,A DISTANCE OF 123.43 FEET;
THENCE N40021'00"E,A DISTANCE OF 45.00 FEET;
THENCE S49039'00"E,A DISTANCE OF 879.38 FEET TO A POINT OF CURVATURE;
ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 07°19'10"AND A
RADIUS OF 5,855.00 FEET, A DISTANCE OF 747.97 FEET, THE CHORD OF SAID CURVE BEARING
S53018'35"E WITH A LENGTH OF 747.46 FEET TO A POINT OF TANGENCY;
THENCE S56058'10"E,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 FEET;
THENCE S56058'10"E,A DISTANCE OF 84.64 FEET;
THENCE N33001'50"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 S78001'50"W,A DISTANCE OF 119.70 FEET;
THENCE S33001'50"W,A DISTANCE OF 50.36 FEET;
THENCE N56058'10"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 07°19'10"AND
A RADIUS OF 5,880.00 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 N49039'00"W,A DISTANCE OF 809.38 FEET;
THENCE S85021'00"W,A DISTANCE OF 63.64 FEET;
THENCE N49039'00"W, A DISTANCE OF 127.81 FEET TO A POINT ON THE AFORESAID EASTERLY
RIGHT OF WAY OF LARIMER COUNTY ROAD 9;
THENCE ALONG SAID EASTERLY LINE N00050'13"E, A DISTANCE OF 32.41 FEET TO THE POINT
OF BEGINNING;CONTAINING 198,099 SQUARE FEET OR 4.55 ACRES.
I, 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 RESPONSIBLE CHARGE AND ON THE BASIS
OF MY KNOWLEDGE,INFORMATION QI v- CORRECT.
V
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KE, O SSION ENoGIL�EEI,.45D L D SURVEYOR
COLORADO PE AND PLS NO. 28262 F A P .
FOR AND ON THE BEHALF OF JR ENGI
THIS LEGAL DESCRIPTION DOES NOT CONSITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF
THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN
ATTORNEY.
X:\3910000.a1I\3916412\Legals\LEGAL DESCRIPTION COTTONWOOD OUTFALL CHANNEL.doc
AMENDED EXHIBIT "D"
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