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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/12/2008 - RESOLUTION 2008-109 ACCEPTING AN AMENDED PETITION, ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: November 12, 2008 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT Resolution 2008-109 Accepting an Amended Petition, Finding Substantial Compliance, and Initiating Annexation Proceedings for the Portions of the Gateway Annexation Not Claimed by the Town of Timnath. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The proposed Resolution makes findings that the voluntary petition for annexation for the Gateway Annexation, containing a total of approximately 256.3 acres, substantially complies with the Municipal Annexation Act,accepts the petition,and determines that a hearing should be established regarding the annexation of the portions of the Gateway Annexation not claimed by the Town of Timnath, and directs that notices be given of the hearing. The hearing will be held at the time of second reading of the annexation and zoning ordinances scheduled for December 16,2008.Not less than thirty days prior notice is required by State law. The annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan (City Plan), the Larimer County and City of Fort Collins Intergovernmental Agreements,the City of Fort Collins Land Use Code, and the Harmony Corridor Plan. BACKGROUND Applicant and Property Owner: Fort Collins Capital Leasing Corporation In 1995, the City acquired the property known as the Arapaho Bend Natural Area (the "Natural Area")containing a total of approximately 277.5 acres,and annexed the property into the City limits as part of the Arapaho Bend First and Second Annexations in 1999. On October 14,2008,the City transferred ownership of approximately 195.3 acres of the Natural Area to the Fort Collins Capital Leasing Corporation("FCCLC"),as permitted under Section 23-111 of the City Code. The Council then received from FCCLC an application to disconnect from the City the portions of the Natural Area owned by the FCCLC, as permitted under a newly established section of the City's Land Use Code (Section 2.12.6). Council then adopted Emergency Ordinance No. 130, 2008, which authorized the disconnection of those portions of the Natural Area, as well as portions of Harmony Road, Strauss Cabin Road, and Kechter Road. November 12, 2008 -2- Item No. 8 Later that same day, a petition was filed by FCCLC to re-annex the Natural Area, together with Harmony Road; Strauss Cabin Road between Harmony and Kechter Roads;Kechter Road between Strauss Cabin Road and Interstate-25; and Interstate-25 from Kechter Road to Harmony Road. On October 29, 2008, FCCLC filed an Amended Petition with the City Clerk making certain changes to the property to be annexed. The total size of the annexation, as now proposed, is approximately 256.3 acres. Portions of I-25 are still contained in the area,including the highway right-of way from about three-quarters(3/4)of a mile north of Harmony Road to about one(1)mile south of Harmony Road. However, Kechter and Strauss Cabin Roads are no longer included in the annexation. There is a portion of the Gateway Annexation(Harmony Road from Strauss Cabin Road to the east side of I-25)which overlaps a proposed annexation to the Town of Timnath known as the Riverwalk Annexation Number 1. The Colorado Annexation Act requires that, upon application of the City, the District Court must hold an election of the landowners in the area claimed by both the City and Timnath in order to determine which municipality can annex that area. The Act also authorizes the City to proceed, by the adoption of this resolution, with the annexation of that portion of its annexation that is not also claimed by Timnath. The resolution must contain the legal description of that portion of the annexation,which areas are shown on Exhibit`B"attached to the resolution. Due to the size of the property and the limited amount of contiguity to the existing city limits, the property is being annexed via three annexations. The existing land uses and zoning of surrounding properties are as follows: N: County - FA-1 Farming, undeveloped; and Strauss Cabin Park E: Town of Timnath RC, Regional Commercial, Zoning, Wal Mart Supercenter (under construction); and City-owned open space east of I-25 S: County - FA-1 Farming, undeveloped; and County C Commercial for small parcels both north(owned by the State of Colorado)and south of Harmony Road(convenience store/gas station and a landscaping business) W: County -FA-1 Farming, including about 160 acres of land owned by Larimer County; the Meadow Heights Subdivision(23 lots);and City POL,Public Open Lands,District(Arapaho Bend Natural Area) The Gateway First Annexation parcel gains its required 1/6 contiguity to existing City limits from common boundaries with the Arapaho Bend First and Second Annexations (January 1999). The Gateway Second Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the Arapaho Bend Second Annexation to the west of the parcel. The Gateway Third Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the Gateway Second Annexation to the north of the parcel. The last two parcels are being annexed in a series which is permitted by the Colorado Annexation Act. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the annexation and zoning requests at their regular monthly meeting on November 20,2008,and will make its recommendations at that time.The Board's recommendations will be forwarded to the City Council in time for public hearing and second readings of the annexation and zoning ordinances which are scheduled for December 16, 2008. November 12, 2008 -3- Item No. 8 ATTACHMENTS 1. Gateway First Annexation Location map. 2. Gateway Second Annexation Location map. 3. Gateway Third Annexation Location map. 4. Structure Plan map. 5. Proposed Zoning map. # 35=08 Gateway ATTACHMENT 1 H r to thlRd - -- il ! jri iI �-; • � „ le I f il ! '! : i lei li ! j ; l i ; ! I z � ! lie lI j • l II � je ! '' TI ' 01 ,II ' j �, I I I j , i jell , ! i i lei I !fi l { ; ! II I ' I I ' 11 . I , I I 1 ' , j 11 . 11 !, I Ij1 i lei I I ; lie: I j • I ; ; II ' I , I Irl • I ; ' ' s � 1 I I le Ile 1 1 ; Ii I I , I lie t , ! I . I , • � I I III I ' ' � ! ell. ! + il + l ! JIIIiI " III ! ! SITEIII� ' I' II' • I I "II jIi111 ' .. 11 Ile i ' IH ,/ • I � � Harrmony Rd - ' ll II I III 1 inch aqua eet Legend F �'�� llir� ® 1st Annexation `� . City Limits F'la uil "y November 3, 2008 Gateway ATTACHMENT 2 2nd Annexation 1111111111111111lHorsetoothoR I ' 1 1 1 11 I 1 '• 1 ' � • 1 I . I II � � II ' 1 " 11 11 • , tl 1 ! 11 � � IIII II ' I 1 ' I II � � 11 I1 11 II 1 Ii i ! II � 1 i � 11 II NI II I I II it � 1111111I II ' 1 ! 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NMI __ ■1 Y 111 i � 1 r_ a 11 111 11 1 IIIII 1 111 : y �11 III 11 IIIIIII I r1r 11 III111 �,� IIIII I11 I1111 �1111111 - -01111 mommorm _ II Elm 11111111 11 oil �._.. . . .... on MI �•.._..ls� ill■Illlr _ �1I11 I- yPuu muuum uu �j� - - 1 � - �■ . rl III1Il 11111111111 _ u ( 1l ll llh III■111■11 • - 111+Y- urr� ••uu loll loll rllrlN � . 3 _ ul■II IHII 11 ,I • I111 n1IM ' Fjal_ ■■ �I ■■ : �ii 1j r �I�■11■ Z Jac RESOLUTION 2008-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING AN AMENDED PETITION, FINDING SUBSTANTIAL COMPLIANCE, AND INITIATING ANNEXATION PROCEEDINGS FOR THE PORTIONS OF THE GATEWAY ANNEXATION NOT CLAIMED BY THE TOWN OF TIMNATH WHEREAS,a written amended petition and four prints of an annexation map were filed with the City Clerk on October 29, 2008, and have been referred to the City Council, which petition requests the annexation of certain property to be known as the Gateway Annexation,which property is more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference; and WHEREAS,subsequent to the filing of said petition,the boundaries of the area proposed to be annexed through the Gateway Annexation have been more specifically described as shown on Exhibit 'B," attached hereto and incorporated herein by this reference; and WHEREAS,there exists a portion of the Gateway Annexation along Harmony Road which overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk Annexation No. I"which, according to Section 31-12-114 of the Colorado Revised Statutes,may be annexed to either the City or the Town of Timnath only pursuant to the results of an election to be called by the District Court; and WHEREAS, Section 31-12-114(10)of the Colorado Revised Statutes authorizes the City to describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation by the Town of Timnath and to proceed with the annexation of such area; and WHEREAS, that portion of the property proposed to be annexed through the Gateway Annexation that is not claimed for annexation by the Town of Timnath is shown on Exhibit "C," attached hereto and incorporated herein by this reference; and WHEREAS,the City Council desires to initiate annexation proceedings for the portions of the Gateway Annexation shown on Exhibit"C"as permitted under Section 31-12-114(10), C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the amended annexation petition for the Gateway Annexation. Section 2. That the City Council hereby finds and determines that the property descriptions shown on Exhibits"A"and"B,"respectively,describe the same parcel of property,and that, in this and all other respects, the amended annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the City Council hereby further finds and determines that the amended annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 4. That the City Council further hereby finds and determines that the portions of the Gateway Annexation not claimed for annexation by the Town of Timnath are as shown on Exhibit"C," attached hereto and incorporated herein by this reference. Section 5. That the City Council further hereby finds and determines that the foregoing portions of the Gateway Annexation not claimed for annexation by the Town of Timnath,as shown on Exhibit"C,"should be annexed to the City of Fort Collins without waiting for the holding of the above-referenced election. Section 6. That the Notice attached hereto is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the property described in Exhibit `B". The City Clerk is hereby directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a special meeting of the Council of the City of Fort Collins this 12th day of November A.D. 2008. Mayor ATTEST: City Clerk EXHIBIT A AMENDED PETITION FOR GATEWAY ANNEXATION LEGAL DESCRIPTION OF PROPERTY PROPOSED TO BE ANNEXED A tract of land located in Sections 3, and 10 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West, all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3 . 25" Aluminum Cap monument at the southwest corner of Section 34 and a 3 . 25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 34 ; THENCE along the west line of the said southwest quarter of Section 34 , North 00 degrees 07 minutes 36 seconds East for a distance of 100 . 01 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 30 . 02 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 00 degrees 07 minutes 36 seconds East for a distance of 50 . 00 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 15 . 00 feet; THENCE leaving the said northerly Right of Way, North 00 degrees 07 minutes 23 seconds East for a distance of 5094 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5069 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5069 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070 . 36 feet; Page 1 of 7 THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071 . 36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072 . 36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072 . 95 feet; Page 2 of 7 THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 32 . 78 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 30 . 38 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5048 . 29 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5033 . 81 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4961 .40 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4946 . 92 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4874 . 51 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4860 . 03 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4787 . 62 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4773 . 14 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 1200 . 28 feet; THENCE South 57 degrees 39 minutes 29 seconds East for a distance of 261 . 65 feet; THENCE South 43 degrees 33 minutes 08 seconds East for a distance of 421 . 57 feet; THENCE South 11 degrees 46 minutes 08 seconds East for a distance of 263 . 00 feet; THENCE South 74 degrees 05 minutes 08 seconds East for a distance of 1 . 25 feet; Page 3 of 7 THENCE South 13 degrees 09 minutes 46 seconds East for a distance of 849 .49 feet; THENCE along a curve to the right having a radius of 5550 . 00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1025 . 11 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1023 . 65 feet; THENCE South 02 degrees 34 minutes 45 seconds East for a distance of 551 . 31 feet; THENCE South 25 degrees 05 minutes 38 seconds West for a distance of 181. 25 feet to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 601 . 64 feet; THENCE leaving the said north line, North 00 degrees 27 minutes 09 seconds East for a distance of 183 . 53 feet; THENCE South 85 degrees 06 minutes 33 seconds West for a distance of 499 . 10 feet; THENCE South 00 degrees 30 minutes 07 seconds West for a distance of 402 . 69 feet; THENCE South 63 degrees 30 minutes 52 seconds West for a distance of 220 . 89 feet; THENCE South 00 degrees 30 minutes 06 seconds West for a distance of 145 . 81 feet; THENCE South 46 degrees 09 minutes 19 seconds West for a distance of 70 . 13 feet to the said northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 684 .40 feet; THENCE continuing along the said northerly Right of way of East Harmony Road and along the westerly Right of Way of Interstate Highway 25 the following five (5) courses and distances, (1) North 00 degrees 27 minutes 20 seconds East for a distance of 42 . 65 feet; (2) South 89 degrees 32 minutes 53 seconds East for a distance of 116 . 81 feet; (3) North 83 degrees 18 minutes 56 seconds East for a distance of 297 . 08 feet; (4) North 54 degrees 12 minutes 15 seconds East for a distance of 85 . 99 feet; (5) North 25 degrees 05 minutes 15 seconds East for a distance of 651 .45 feet to the easterly line of that certain tract of land deeded from the City of Fort Collins to the Fort Collins Capital Leasing Corporation; THENCE along the said easterly line, the following five (5) courses and distances, (1) North 02 degrees 34 minutes 45 seconds Page 4 of 7 West for a distance of 554 . 77 feet; (2) along a curve to the left having a radius of 5565 . 00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1027 . 88 feet, being subtended by a chord of North 07 degrees 52 minutes 15 seconds West for a distance of 1026 .42 feet; (3) North 13 degrees 09 minutes 46 seconds West for a distance of 858 . 31 feet; (4) North 74 degrees 05 minutes 08 seconds West for a distance of 1 . 00 feet; (5) North 11 degrees 46 minutes 08 seconds West for a distance of 7 . 68 feet; THENCE leaving the said easterly line, North 77 degrees 13 minutes 30 seconds East for a distance of 286 .46 feet to the easterly Right of Way line of Interstate Highway 25 ; THENCE along the said easterly Right of Way line, southerly to the west line of the southeast quarter of the said Section 34 ; THENCE continuing along the said easterly Right of Way of Interstate Highway 25, South 16 degrees 49 minutes 00 seconds East for a distance of 389 . 68 feet; THENCE continuing along the said easterly Right of Way, South 35 degrees 55 minutes 37 seconds East for a distance of 175 . 92 feet; THENCE continuing along the said easterly Right of Way, South 80 degrees 36 minutes 56 seconds East for a distance of 183 . 92 feet; THENCE leaving the said easterly Right of Way, South 00 degrees 42 minutes 00 seconds West for a distance of 260 . 64 feet and returning to the said easterly Right of Way of Interstate Highway 25; THENCE continuing along the said easterly Right of Way the following five (5) courses and distances, (1) North 89 degrees 30 minutes 20 seconds West for a distance of 46 . 15 feet; (2) South 14 degrees 35 minutes 15 seconds West for a distance of 1237 . 24 feet; (3) South 01 degrees 46 minutes 53 seconds East for a distance of 1406 . 66 feet to the center quarter corner of the said Section 3 ; (4) South 01 degrees 46 minutes 51 seconds East for a distance of 2052 . 11 feet; (5) South 19 degrees 54 minutes 03 seconds East for a distance of 537 . 13 feet; THENCE leaving the said Right of Way, South 00 degrees 55 minutes 33 seconds West for a distance of 149 .48 feet, and returning to the said Easterly Right of Way; THENCE along the said Right of Way, South 86 degrees 30 Page 5 of 7 minutes 03 seconds West for a distance of 162 . 92 feet; THENCE leaving the said easterly Right of Way, North 88 degrees 47 minutes 09 seconds West for a distance of 392 . 97 feet to the westerly Right of Way of the said Interstate Highway 25 ; THENCE along the said westerly Right of Way, North 82 degrees 50 minutes 36 seconds West for a distance of 534 .40 feet; THENCE continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30 . 00 feet to the south line of the southwest quarter of the said Section 3 ; THENCE along the said south line and continuing along the said westerly Right of Way, South 89 degrees 04 minutes 36 seconds East for a distance of 100 . 00 feet; THENCE leaving the said south line and continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30 . 00 feet; THENCE continuing along the said westerly Right of Way, North 84 degrees 55 minutes 56 seconds East for a distance of 574 . 58 feet; THENCE continuing along the said westerly Right of Way, along a non-tangent curve to the left having a radius of 11295 . 00 feet a central angle of 00 degrees 41 minutes 17 seconds and an arc length of 135 . 64 feet, being subtended by a chord of North 01 degrees 44 minutes 55 seconds West for a distance of 135 . 64 feet; THENCE continuing along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 4185 .48 feet; THENCE continuing along the said westerly Right of Way, North 24 degrees 14 minutes 15 seconds West for a distance of 793 . 61 feet THENCE continuing along the said westerly Right of Way, North 57 degrees 15 minutes 16 seconds West for a distance of 82 . 86 feet; THENCE continuing along the said westerly Right of Way and along the southerly Right of Way of East Harmony Road, North 89 degrees 36 minutes 27 seconds West for a distance of 265 . 38 feet; THENCE continuing along the said westerly and southerly Right of Way, North 00 degrees 30 minutes 13 seconds East for a distance of 35 . 80 feet; THENCE continuing along the said westerly and southerly Right of Way, North 83 degrees 32 minutes 54 seconds West for a distance of 198 . 91 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly annexation line, North 32 degrees 28 minutes 32 seconds East for a distance of 58 . 56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 101 . 37 feet; Page 6 of 7 THENCE leaving the said easterly line, North 89 degrees 32 minutes 52 seconds West for a distance of 1544 . 96 feet to the point of beginning. Containing 256 . 331 acres more or less . I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 7 of 7 EXHIBIT B REVISED DESCRIPTION OF THE GATEWAY ANNEXATION A tract of land located in Sections 3, and 10 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West, all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3 . 25" Aluminum Cap monument at the southwest corner of Section 34 and a 3 . 25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34 , based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 34 ; THENCE along the west line of the said southwest quarter of Section 34 , North 00 degrees 07 minutes 36 seconds East for a distance of 100 . 01 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 30 . 02 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 00 degrees 07 minutes 36 seconds East for a distance of 50 . 00 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 15 . 00 feet; THENCE leaving the said northerly Right of Way, North 00 degrees 07 minutes 23 seconds East for a distance of 5094 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5069 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5069 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070 . 36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a Page 1 of 7 distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070 . 45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071 . 36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071. 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072 . 36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a Page 2 of 7 distance of 32 . 78 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 30 . 38 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5048 . 29 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5033 . 81 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4961 .40 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4946 . 92 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4874 . 51 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4860 . 03 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4787 . 62 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4773 . 14 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 1200 . 28 feet; THENCE South 57 degrees 39 minutes 29 seconds East for a distance of 261 . 65 feet; THENCE South 43 degrees 33 minutes 08 seconds East for a distance of 421 . 57 feet; THENCE South 11 degrees 46 minutes 08 seconds East for a distance of 263 . 00 feet; THENCE South 74 degrees 05 minutes 08 seconds East for a distance of 1. 25 feet; THENCE South 13 degrees 09 minutes 46 seconds East for a Page 3 of 7 distance of 849 .49 feet; THENCE along a curve to the right having a radius of 5550 . 00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1025 . 11 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1023 . 65 feet; THENCE South 02 degrees 34 minutes 45 seconds East for a distance of 551. 31 feet; THENCE South 25 degrees 05 minutes 38 seconds West for a distance of 181 . 25 feet to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 601 . 64 feet; THENCE leaving the said north line, North 00 degrees 27 minutes 09 seconds East for a distance of 183 . 53 feet; THENCE South 85 degrees 06 minutes 33 seconds West for a distance of 499 . 10 feet; THENCE South 00 degrees 30 minutes 07 seconds West for a distance of 402 . 69 feet; THENCE South 63 degrees 30 minutes 52 seconds West for a distance of 220 . 89 feet; THENCE South 00 degrees 30 minutes 06 seconds West for a distance of 145 . 81 feet; THENCE South 46 degrees 09 minutes 19 seconds West for a distance of 70 . 13 feet to the said northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 684 .40 feet; THENCE continuing along the said northerly Right of Way of East Harmony Road and along the westerly Right of Way of Interstate Highway 25 the following five (5) courses and distances, (1) North 00 degrees 27 minutes 20 seconds East for a distance of 42 . 65 feet; (2) South 89 degrees 32 minutes 53 seconds East for a distance of 116 . 81 feet; (3) North 83 degrees 18 minutes 56 seconds East for a distance of 297 . 08 feet; (4) North 54 degrees 12 minutes 15 seconds East for a distance of 85 . 99 feet; (5) North 25 degrees 05 minutes 15 seconds East for a distance of 651 .45 feet to the easterly line of that certain tract of land deeded from the City of Fort Collins to the Fort Collins Capital Leasing Corporation; THENCE along the said easterly line, the following five (5) courses and distances, (1) North 02 degrees 34 minutes 45 seconds West for a distance of 554 . 77 feet; Page 4 of 7 (2) along a curve to the left having a radius of 5565 . 00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1027 . 88 feet, being subtended by a chord of North 07 degrees 52 minutes 15 seconds West for a distance of 1026 .42 feet; (3) North 13 degrees 09 minutes 46 seconds West for a distance of 858 . 31 feet; (4) North 74 degrees 05 minutes 08 seconds West for a distance of 1 . 00 feet; (5) North 11 degrees 46 minutes 08 seconds West for a distance of 7 . 68 feet; THENCE leaving the said easterly line, North 77 degrees 13 minutes 30 seconds East for a distance of 286 . 46 feet to the easterly Right of Way line of Interstate Highway 25; THENCE along the said easterly Right of Way the following three (3) courses and distances, (1) South 12 degrees 46 minutes 30 seconds East for a distance of 728 . 02 feet to the north line of the said southwest quarter of Section 34 ; (2) along the said north line of the southwest quarter, South 89 degrees 24 minutes 23 seconds East for a distance of 238 . 01 feet (previously recorded as 178 . 00 feet) to the northwest corner of the southeast quarter of the said Section 34; (3) along the west line of the said southeast quarter, South 00 degrees 10 minutes 52 seconds West for a distance of 1889 . 05 feet; THENCE departing the said west line, and continuing along the said easterly Right of Way the following three (3) courses and distances (1) South 16 degrees 49 minutes 00 seconds East for a distance of 389 . 68 feet (previously recorded as 389 .44 feet) ; (2) South 35 degrees 55 minutes 37 seconds East for a distance of 175 . 92 feet; (3) South 80 degrees 36 minutes 56 seconds East for a distance of 183 . 92 feet; THENCE leaving the said easterly Right of Way, South 00 degrees 42 minutes 00 seconds West for a distance of 260 . 64 feet and returning to the said easterly Right of Way of Interstate Highway 25; THENCE continuing along the said easterly Right of Way the following five (5) courses and distances, (1) North 89 degrees 30 minutes 20 seconds West for a distance of 46 . 15 feet; (2) South 14 degrees 35 minutes 15 seconds West for a distance of 1237 . 24 feet; (3) South 01 degrees 46 minutes 53 seconds East for a distance of 1406 . 66 feet to the center quarter corner of the said Section 3 ; (4) South 01 degrees 46 minutes 51 seconds East for a distance Page 5 of 7 of 2052 . 11 feet; (5) South 19 degrees 54 minutes 03 seconds East for a distance of 537 . 13 feet; THENCE leaving the said Right of Way, South 00 degrees 55 minutes 33 seconds West for a distance of 149 . 48 feet, and returning to the said Easterly Right of Way; THENCE along the said Right of Way, South 86 degrees 30 minutes 03 seconds West for a distance of 162 . 92 feet; THENCE leaving the said easterly Right of Way, North 88 degrees 47 minutes 09 seconds West for a distance of 392 . 97 feet to the westerly Right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 82 degrees 50 minutes 36 seconds West for a distance of 534 . 40 feet; THENCE continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30 . 00 feet to the south line of the southwest quarter of the said Section 3 ; THENCE along the said south line and continuing along the said westerly Right of Way, South 89 degrees 04 minutes 36 seconds East for a distance of 100 . 00 feet; THENCE leaving the said south line and continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30 . 00 feet; THENCE continuing along the said westerly Right of Way, North 84 degrees 55 minutes 56 seconds East for a distance of 574 . 58 feet; THENCE continuing along the said westerly Right of Way, along a non-tangent curve to the left having a radius of 11295 . 00 feet a central angle of 00 degrees 41 minutes 17 seconds and an arc length of 135 . 64 feet, being subtended by a chord of North 01 degrees 44 minutes 55 seconds West for a distance of 135 . 64 feet; THENCE continuing along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 4185 .48 feet; THENCE continuing along the said westerly Right of Way, North 24 degrees 14 minutes 15 seconds West for a distance of 793 . 61 feet THENCE continuing along the said westerly Right of Way, North 57 degrees 15 minutes 16 seconds West for a distance of 82 . 86 feet; THENCE continuing along the said westerly Right of Way and along the southerly Right of Way of East Harmony Road, North 89 degrees 36 minutes 27 seconds West for a distance of 265 . 38 feet; THENCE continuing along the said westerly and southerly Right of Way, North 00 degrees 30 minutes 13 seconds East for a distance of 35 . 80 feet; THENCE continuing along the said westerly and southerly Right Page 6 of 7 of Way, North 83 degrees 32 minutes 54 seconds West for a distance of 198 . 91 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly annexation line, North 32 degrees 28 minutes 32 seconds East for a distance of 58 . 56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 101 . 37 feet; THENCE leaving the said easterly line, North 89 degrees 32 minutes 52 seconds West for a distance of 1544 . 96 feet to the point of beginning. Containing 260 . 659 acres more or less . I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 7 of 7 EXHIBIT C DESCRIPTION OF THE PORTIONS OF THE GATEWAY ANNEXATION NOT CLAIMED FOR ANNEXATION BY THE TOWN OF TIMNATH A tract of land located in Sections 3, and 10 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West, all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3 . 25" Aluminum Cap monument at the southwest corner of Section 34 and a 3 . 25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 34 ; THENCE along the west line of the said southwest quarter of Section 34 , North 00 degrees 07 minutes 36 seconds East for a distance of 100 . 01 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 30 . 02 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 00 degrees 07 minutes 36 seconds East for a distance of 50 . 00 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 15 . 00 feet; THENCE leaving the said northerly Right of Way, North 00 degrees 07 minutes 23 seconds East for a distance of 5094 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5069 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5069 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070 . 36 feet; Page 1 of 8 THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070 . 45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071. 36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071 . 95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072 . 36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072 .45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50 . 00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072 . 86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072 . 95 feet; Page 2 of 8 THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 32 . 78 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 30 . 38 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5048 . 29 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5033 . 81 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4961 . 40 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4946 . 92 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4874 . 51 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4860 . 03 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88 . 23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4787 . 62 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10 . 00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4773 . 14 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 1200 . 28 feet; THENCE South 57 degrees 39 minutes 29 seconds East for a distance of 261 . 65 feet; THENCE South 43 degrees 33 minutes 08 seconds East for a distance of 421 . 57 feet; THENCE South 11 degrees 46 minutes 08 seconds East for a distance of 263 . 00 feet; THENCE South 74 degrees OS minutes 08 seconds East for a distance of 1 . 25 feet; Page 3 of 8 THENCE South 13 degrees 09 minutes 46 seconds East for a distance of 849 .49 feet; THENCE along a curve to the right having a radius of 5550 . 00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1025 . 11 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1023 . 65 feet; THENCE South 02 degrees 34 minutes 45 seconds East for a distance of 551 . 31 feet; THENCE South 25 degrees 05 minutes 38 seconds West for a distance of 181 . 25 feet to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 601 . 64 feet; THENCE leaving the said north line, North 00 degrees 27 minutes 09 seconds East for a distance of 183 . 53 feet; THENCE South 85 degrees 06 minutes 33 seconds West for a distance of 499 . 10 feet; THENCE South 00 degrees 30 minutes 07 seconds West for a distance of 402 . 69 feet; THENCE South 63 degrees 30 minutes 52 seconds West for a distance of 220 . 89 feet; THENCE South 00 degrees 30 minutes 06 seconds West for a distance of 145 . 81 feet; THENCE South 46 degrees 09 minutes 19 seconds West for a distance of 70 . 13 feet to the said northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 684 .40 feet; THENCE continuing along the said northerly Right of Way of East Harmony Road and along the westerly Right of Way of Interstate Highway 25 the following five (5) courses and distances, (1) North 00 degrees 27 minutes 20 seconds East for a distance of 42 . 65 feet; (2) South 89 degrees 32 minutes 53 seconds East for a distance of 116 . 81 feet; (3) North 83 degrees 18 minutes 56 seconds East for a distance of 297 . 08 feet; (4) North 54 degrees 12 minutes 15 seconds East for a distance of 85 . 99 feet; (5) North 25 degrees 05 minutes 15 seconds East for a distance of 651 .45 feet to the easterly line of that certain tract of land deeded from the City of Fort Collins to the Fort Collins Capital Leasing Corporation; THENCE along the said easterly line, the following five (5) courses and distances, (1) North 02 degrees 34 minutes 45 seconds Page 4 of 8 West for a distance of 554 . 77 feet; (2) along a curve to the left having a radius of 5565 . 00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1027 . 88 feet, being subtended by a chord of North 07 degrees 52 minutes 15 seconds West for a distance of 1026 .42 feet; (3) North 13 degrees 09 minutes 46 seconds West for a distance of 858 . 31 feet; (4) North 74 degrees 05 minutes 08 seconds West for a distance of 1 . 00 feet; (5) North 11 degrees 46 minutes 08 seconds West for a distance of 7 . 68 feet; THENCE leaving the said easterly line, North 77 degrees 13 minutes 30 seconds East for a distance of 286 . 46 feet to the easterly Right of Way line of Interstate Highway 25; THENCE along the said easterly Right of Way the following three (3) courses and distances, (1) South 12 degrees 46 minutes 30 seconds East for a distance of 728 . 02 feet to the north line of the said southwest quarter of Section 34 ; (2) along the said north line of the southwest quarter, South 89 degrees 24 minutes 23 seconds East for a distance of 238 . 01 feet (previously recorded as 178 . 00 feet) to the northwest corner of the southeast quarter of the said Section 34; (3) along the west line of the said southeast quarter, South 00 degrees 10 minutes 52 seconds West for a distance of 1889 . 05 feet; THENCE departing the said west line, and continuing along the said easterly Right of Way the following three (3) courses and distances (1) South 16 degrees 49 minutes 00 seconds East for a distance of 389 . 68 feet (previously recorded as 389 .44 feet) ; (2) South 35 degrees 55 minutes 37 seconds East for a distance of 175 . 92 feet; (3) South 80 degrees 36 minutes 56 seconds East for a distance of 183 . 92 feet; THENCE leaving the said easterly Right of Way, South 00 degrees 42 minutes 00 seconds West for a distance of 260 . 64 feet and returning to the said easterly Right of Way of Interstate Highway 25 ; THENCE continuing along the said easterly Right of Way the following five (5) courses and distances, (1) North 89 degrees 30 minutes 20 seconds West for a distance of 46 . 15 feet; (2) South 14 degrees 35 minutes 15 seconds West for a distance of 1237 . 24 feet; (3) South 01 degrees 46 minutes 53 seconds East for a distance of 1406 . 66 feet to the center quarter corner of the said Section 3 ; Page 5 of 8 (4) South 01 degrees 46 minutes 51 seconds East for a distance of 2052 . 11 feet; (5) South 19 degrees 54 minutes 03 seconds East for a distance of 537 . 13 feet; THENCE leaving the said Right of Way, South 00 degrees 55 minutes 33 seconds West for a distance of 149 .48 feet, and returning to the said Easterly Right of Way; THENCE along the said Right of Way, South 86 degrees 30 minutes 03 seconds West for a distance of 162 . 92 feet; THENCE leaving the said easterly Right of Way, North 88 degrees 47 minutes 09 seconds West for a distance of 392 . 97 feet to the westerly Right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 82 degrees 50 minutes 36 seconds West for a distance of 534 .40 feet; THENCE continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30 . 00 feet to the south line of the southwest quarter of the said Section 3 ; THENCE along the said south line and continuing along the said westerly Right of Way, South 89 degrees 04 minutes 36 seconds East for a distance of 100 . 00 feet; THENCE leaving the said south line and continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30 . 00 feet; THENCE continuing along the said westerly Right of Way, North 84 degrees 55 minutes 56 seconds East for a distance of 574 . 58 feet; THENCE continuing along the said westerly Right of Way, along a non-tangent curve to the left having a radius of 11295 . 00 feet a central angle of 00 degrees 41 minutes 17 seconds and an arc length of 135 . 64 feet, being subtended by a chord of North 01 degrees 44 minutes 55 seconds West for a distance of 135 . 64 feet; THENCE continuing along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 4185 .48 feet; THENCE continuing along the said westerly Right of Way, North 24 degrees 14 minutes 15 seconds West for a distance of 793 . 61 feet THENCE continuing along the said westerly Right of Way, North 57 degrees 15 minutes 16 seconds West for a distance of 82 . 86 feet; THENCE continuing along the said westerly Right of Way and along the southerly Right of Way of East Harmony Road, North 89 degrees 36 minutes 27 seconds West for a distance of 265 . 38 feet; THENCE continuing along the said westerly and southerly Right of Way, North 00 degrees 30 minutes 13 seconds East for a distance of 35 . 80 feet; Page 6 of 8 THENCE continuing along the said westerly and southerly Right of Way, North 83 degrees 32 minutes 54 seconds West for a distance of 198 . 91 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly annexation line, North 32 degrees 28 minutes 32 seconds East for a distance of 58 . 56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 101. 37 feet; THENCE leaving the said easterly line, North 89 degrees 32 minutes 52 seconds West for a distance of 1544 . 96 feet to the point of beginning. Containing 260 . 659 acres more or less . EXCEPTING THEREFROM: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West, all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3 . 25" Aluminum Cap monument at the southwest corner of Section 34 and a 3 . 25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34 , based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said south quarter corner of Section 34 ; THENCE along the east line of the southwest quarter of the said Section 34 , North 00 degrees 10 minutes 52 seconds East for a distance of 28 . 50 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said east line, North 89 degrees 18 minutes 00 seconds West for a distance of 633 . 13 feet; THENCE South 00 degrees 40 minutes 28 seconds West for a distance of 136 . 27 feet to the westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way the following three (3) courses and distances, (1) North 89 degrees 36 minutes 27 seconds West for a distance of 265 . 38 feet; (2) North 00 degrees 30 minutes 13 seconds East for a distance of 35 . 80 feet; (3) North 83 degrees 32 minutes 54 seconds West for a distance of 198 . 91 feet to the easterly line of the Arapaho Bend Second Page 7 of 8 Annexation to the City of Fort Collins; THENCE along the said easterly line, North 32 degrees 28 minutes 32 seconds East for a distance of 58 . 56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 194 . 03 feet to the said westerly Right of Way of Interstate Highway 25 ; THENCE along the said westerly Right of Way, South 89 degrees 32 minutes 53 seconds East for a distance of 116 . 81 feet; THENCE continuing along the said westerly line, North 83 degrees 18 minutes 56 seconds East for a distance of 297 . 08 feet; THENCE leaving the said westerly line, South 00 degrees 47 minutes 17 seconds West for a distance of 90 . 03 feet; THENCE South 89 degrees 18 minutes 00 seconds East for a distance of 1052 . 67 feet; THENCE South 00 degrees 42 minutes 00 seconds West for a distance of 110 . 50 feet; THENCE North 89 degrees 18 minutes 03 seconds West for a distance of 397 . 48 feet to the point of beginning. Containing 5 . 542 acres more or less . The above described tract contains a net area of 255 . 117 acres more or less . I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 8 of 8 NOTICE TO ALL PERSONS INTERESTED : PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Gateway Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice . That, on December 16, 2008 , at the hour of 6 : 00 p .m. , or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Public Open Lands ("POL") Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities . Please call 221 -6515 (TDD 224-6001 ) for assistance. Dated this 12th day of November, A.D . 2008 . City Clerk