HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/16/2005 - ITEMS RELATING TO THE TIMBERLINE ROAD, DRAKE TO PR ITEM NUMBER: 21 A-E
AGENDA ITEM SUMMARY DATE: August 16, 2005
FORT COLLINS CITY COUNCIL STAFF: Matt Baker
SUBJECT
Items Relating to the Timberline Road, Drake to Prospect Project and the Creation of Timberline
and Prospect Special Improvement District (SID) No. 94.
RECOMMENDATION
Staff recommends adoption of these items.
FINANCIAL IMPACT
Street improvements are proposed for Timberline Road from Drake to Prospect. Most of the
planned improvements are adjacent to new development and will be constructed through the Street
Oversizing Program. In addition, the developers of two major parcels of property in the area have
agreed to fund additional improvements needed in order to proceed with their developments in
accordance with the City's Adequate Public Facilities Ordinance (APF). These developers have
contributed $2,500,000 to the City for the engineering design and construction of the APF
improvements to the Timberline and Prospect Intersection. These funds would be reimbursed to the
developers through assessments levied in conjunction with the proposed Special Improvement
District No. 94. There are no City funds required for the SID improvements.
EXECUTIVE SUMMARY
A. Public Hearing and First Reading of Ordinance No. 090,2005,Relating to the Creation and
Organization of the Timberline and Prospect Special Improvement District No. 94 and
Providing for the Construction of Improvements Therein.
B. First Reading of Ordinance No. 095, 2005 Amending Section 22-111 of the City Code
Pertaining to the Issuance of Bonds for Special Improvement Districts.
C. Resolution 2005-091 Submitting a Ballot Issue to the Registered Electors of the Proposed
Timberline and Prospect Special Improvement District No. 94 as Part of the Special City
Election on November 1, 2005.
D. First Reading of Ordinance No. 091, 2005, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection
with the Timberline Road, Drake Road to Prospect Road Project.
August 16, 2005 -2- Item No. 21 A-E
E. Second Reading of Ordinance No. 084,2005,Appropriating Unanticipated Revenue in the
Capital Projects Fund - Timberline Road Improvements Project and Appropriating Prior
Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund-
Timberline Road Improvements Project to be used to Construct Improvements on Timberline
Road Between Drake and Prospect Roads.
The Timberline Road, Drake to Prospect Project is the most heavily congested intersection in the
City. In the absence of any City capital improvement funding for this intersection, two impacted
developers are electing to privately fund these improvements in order to proceed with their
development projects. These developers are the majority property owners and have proposed the
initiation of a special improvement district to distribute a portion of the costs through assessments
to other undeveloped property in the area benefitted by the improvements.
Resolution 2003-122 accepting the petition of the initiating property owner and Resolution 2005-083
accepting the engineering report and setting the method of assessment have previously been adopted
by Council. The primary item being considered is the actual creation by ordinance of the Timberline
and Prospect Special Improvement District No.94.
In the creation of any SID, there is an opportunity for Council to hear and consider objections and
protests. Notification of this hearing has been published and all property owners included in the
proposed SID No. 94 have been notified by first class mail as required.
The proposed Timberline and Prospect SID No. 94 will meet all of the adopted Council Policies
regarding Special Improvement Districts. The creation of a Special Improvement District will
spread the cost of the APF improvements to all undeveloped property which benefits from the
construction.
Ordinance No. 084, 2005, was unanimously adopted on First Reading on July 19, 2005.
BACKGROUND
Timberline Road, from Drake to Prospect, is currently the highest deficiency segment in the City's
street network. The Timberline/Prospect intersection experiences failing levels of service in both
the AM and PM peak hours. Attempts by the City to create a City Capital funding mechanism for
the necessary improvements have not been successful.
The City's Adequate Public Facilities(APF)Ordinance does not allow any additional development
to impact failing intersections. A conceptual estimate indicates that $2.5 million is needed to
improve the intersection to meet minimum levels of service necessary to allow additional
development in the area. The improvements contemplated are:
• Dedicated right turn lanes on all legs of the intersection
• Double left turn lanes on Timberline
• Additional through lanes on Timberline
August 16, 2005 -3- Item No. 21 A-E
These interim improvements will add capacity to the intersection, but will not include landscaped
medians,concrete paving,enhanced crosswalks,or other elements not necessary to increase Levels
of Service.
There are two large development parcels which are currently affected by the APF Ordinance. The
James Company is constructing the Sidehill development project on the east side of Timberline and
north of Drake and the St. Charles Investment Group owns 80 acres on the west side of Timberline
and north of Drake. Neither of these developments can build in the absence of improvements to
Timberline/Prospect. These developers have elected to fund the $2.5 million APF improvements
in order to proceed with their development projects.
There are other smaller undeveloped parcels in the one-mile radius area around Timberline/Prospect
that are also affected by the City's APF Ordinance. Some have expressed interest in participating
in the cost of improving the Timberline/Prospect intersection while others indicated a strategy of
waiting until the improvements are made in order to benefit, while avoiding any costs.
The James Company and the St. Charles Investment Group proposed the formation of a special
improvement district as a financing mechanism to allow for fair and equitable assessment of all
benefitting property owners. The terms of the District would generally be:
I. The amount financed will be$2.5 million, or the amount needed to make the
"APF" improvements to the Timberline/Prospect intersection.
2. No municipal or City-backed bonds will be issued. Financing will be by the
developers, using cash or private placement bonds. The City would receive
the assessments,but would not incur any financial liability. Actual payment
of the$2.5 million by the James Company and St. Charles Investment Group
will not occur until construction bidding(February 2006)to avoid capitalized
interest. Security in the form of a performance bond for$2.5 million will be
necessary in order for development to continue during the formation of the
Special Improvement District.
3. The assessment method will be based on the APF ordinance and the benefit
of the district components to undeveloped property. Several factors,
including trip generation, trip distribution, delay and proximity to the
intersection within a one-mile radius are used to calculate the impact and
benefit for each property. Because the properties most significantly
benefitted by the removal of the APF requirement are the undeveloped
properties, it is only those undeveloped properties that will be assessed.
Additionally, many of the developed properties within the one-mile radius
have already contributed to improvements to this same intersection through
the payment of Street Oversizing Fees and through construction requirements
at the time they were developed. Some underutilized properties within the
one-mile radius but not included within the SID will have a repayment
obligation if they redevelop, and the amount to be assessed against the
undeveloped properties will be reduced (by Second Reading) by the
estimated amount of that repayment obligation once that calculation has been
made.
August 16, 2005 -4- Item No. 21 A-E
4. The properties included in the SID will begin repayment of their
proportionate share (the assessments) upon completion of the construction
and final accounting of the costs (tentatively in late 2006).
The first two steps in creating this SID have already been taken. The majority property owner
submitted a petition asking for the creation of the district. A Resolution accepting the petition was
approved on November 4,2003,which directed the City Engineer to draw up plans and an estimate
of the improvements.
Staff completed the engineering report for the District and a resolution adopting the plans,
specifications, estimated cost, and the method of assessment for the SID was approved on July 19,
2005.
Item A - Creation Ordinance
The first item presented for Council's consideration is the Ordinance which would create the SID.
In considering this Ordinance, Council should hear all objections and protests concerning the
creation of the District and the construction of improvements and should determine whether creation
of the District is in the best interests of the City. The City has adopted Special Improvement District
criteria and policies set forth in the "Special Improvement Districts Manual, Section II, Policies",
as listed below.
1. All public improvements as described in Chapter 16 of the City Code shall
be eligible for inclusion in an Improvement District. However,the City may
exclude certain improvements when it deems such improvements are not in
the best interests of the City.
2. The City reserves the right to deny the creation of any District.
3. The proposed District should be consistent with the Master Street Plan and
other planning documents of the City. The District should have an approved
Master Plan. An approved Preliminary Plan may be required if local street
or utility improvements are to be included within the District. The City may
also require a Storm Drainage Plan to be submitted.
4. The total cost of the District should not exceed the appraised value of the
improvements and the land to be included in the District.
5. The amount of encumbrances on the land in the District including the
assessments of the District should not exceed 90% of the value of the land
including the improvements without being acknowledged by subordinate lien
holders, or the posting of a surety from a recognized company for 100% of
the principal and interest of the construction cost of the District.
6. The cost to be borne by the City in a District must be currently available or
minimized and/or deferred through credits or other mechanisms.
August 16, 2005 -5- Item No. 21 A-E
7. The City has the option to require property owners within the District to
manage construction of the improvements themselves or through
Professional Engineers where it is to the City's advantage to do so and the
proposed managers can demonstrate experience and competence.
8. The City has the option to require privately managed Districts to bid and
award contracts for construction of the public improvements when provided
for in the District's Master Agreement and performed in conformance with
the City Charter.
9. Construction activities of District improvements should not cause
extraordinary inconvenience to properties choosing not to be a party to the
District.
10. Should a default in the assessment payments of a District occur, the City
shall have the right to immediately proceed with all legal remedies including
a tax deed and sale of the affected land.
11. The City Manager may establish administrative policies and procedures for
the Improvement District process and may recommend appropriate fees to the
City Council.
12. Proposed improvements should benefit the City within a reasonable time
frame.
If the creation Ordinance is adopted by the Council, then, upon completion of construction of the
District improvements in 2006, Council will hear an Ordinance assessing the cost of the
improvements to the properties in the District for collection.
Item B - Code Amendment
As noted above, the City plans to reimburse the developers the $2.5 million they advanced, using
revenues generated by the SID assessments. To meet the requirements of Article XX, Section 10 of
the Colorado Constitution("TABOR"),a special election of SID property owners should be held on
the November ballot. The ballot question would be whether the City can repay the developers over
time through a multiple-year agreement. If the ballot measure fails,the assessment payment would
be due in full immediately, so that the developers could be repaid within one calendar year.
Thus, the second item to be considered by the Council is a proposed amendment to the Code
authorizing this kind of election. The provision to be added to the Code is similar to one contained
in the State statutes dealing with special improvement districts but it includes elections to approve
multiple year financial obligations, such as the one proposed here, as well as elections to authorize
the issuance of bonds.
The new Code language would,similar to the State language,enable the City Council to submit such
questions to just the electors in the special improvement district if the source of repayment will
consist solely of special assessments. However, if the source of repayment of the bonds or other
August 16, 2005 -6- Item No. 21 A-E
multiple year financial obligation will be supported by a pledge of other City revenues,the question
would have to be submitted to the City-wide electorate.
At the election, each owner of a parcel of property in the district will be entitled to cast one vote
either directly or, in the case of an owner that is not an actual person, through a designated natural
person who is a registered elector in the State.
Item C - Ballot Question
The third item is a Resolution placing this question on the November ballot.
Item D - Eminent Domain
With the fourth item, staff is requesting authorization of eminent domain for all property
acquisitions in the Project, in case such action is necessary. Property owners were notified of the
upcoming project and its impacts and over the last several months staff has met with the affected
property owners. Their input was considered during the engineering design and helped resolve
many issues, including access, storm water, utility service and irrigation water.
Staff began negotiations for the purchase of necessary property interests with the property owners
and is completing appraisals for offers to each property owner. Staff is optimistic that all property
negotiations can be completed in good faith prior to the start of the project. However, given the
timing of such a large construction project and scheduling the work of outside parties, such as the
railroad for its railroad crossing and the gas company for gas line relocations, timely acquisition of
the property interests is necessary.
All affected property owners were notified by certified mail of this request to Council for
authorization of eminent domain.
Item E - Appropriations
The remaining item is related to the construction of the roadway improvements. The Second
Reading of an appropriation ordinance, which was unanimously adopted on First Reading on July
19, 2005 transfers money received from the developers and the Street Oversizing Fund into the
project account.
Summary
City departments are working together to include utilities and roadways needed for the planned
Police Facility, and will include these improvements in the roadway contract in order to save time
and money for the Police Facility Project.
Staff is also working with property owners who requested to have their frontage improved with this
project. Fleischli Enterprises and Integrated Equities decided to participate in this project for their,
as well as the City's benefit. Both property owners agreed to contribute their local street portion and
are completing the engineering design along their frontages to include in the construction of
Timberline Road.
August 16, 2005 -7- Item No. 21 A-E
Summary of costs:
APF Improvements $2,500,000.00
City of Fort Collins Police Facilities $1,272,291.00
Sidehill Development $829,512.00
St. Charles Investments $354,014.00
Fleischli Enterprises $115,447.00
Integrated Equities $119,830.00
Street Oversizing Program $3,489,361.00
Total Construction Cost: $8,680,455.00
Construction is planned to start this fall with the widening of the bridge over Spring Creek,
expansion of the Great Western Railroad crossings on both Timberline and Prospect, and utility
relocations. Construction of the roadway improvements will begin in the spring of 2006 and be
completed by the end of the year.
Transportation Board Recommendation
Attached is a letter from Brent Thordarson, Transportation Board Chair, addressing the Board's
recommendation to the City Council pertaining to the Timberline Road SID. The Transportation
Board has been included in the design process and fully supports this project and the SID No. 94
funding, which allows interim improvements to be built at this time. Although the Transportation
Board regrets that there is presently no additional capital sales tax available for the ultimate
improvements, there will be significant benefits to the transportation network by proceeding with
the construction of the interim improvements.
ATTACHMENTS
1. Project Vicinity Map
2. Map of Properties Included in District
3. July 20, 2005 memo from Transportation Board
ATTACHMENT
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ATTACHMENT 3
City of Fort Collins Transportation Board
6a Brent Thordarson, Chair
City of Fort Collins
DATE: July 20, 2005
TO: Mayor&City Council Members
THRU: Darin Atteberry, City Manager
FROM: Brent Thordarson, Transportation Board Chairman
RE: Transportation Board Recommendation to City Council for Timberline
Road,Drake to Prospect Improvements SID#94
On July 20`h, the Transportation Board discussed the Timberline SID project, which
included a review of the PowerPoint presentation given to City Council on July 181h.
Based on a unanimous 8-0 vote, the Board offers the following recommendation:
The Transportation Board has been included in the design process and fully
supports this project and the SID#94 funding,which allows interim improvements
to be built at this time. Although the Transportation Board regrets that there is
presently no additional capital sales tax available for the ultimate improvements,
there will be significant benefits to the transportation network by proceeding with
the construction of the interim improvements.
By way of history, the transportation board has been given four presentations on the
Timberline Road Project over the last two years:
• In November of 2003 Staff presented to the Transportation Board the SPECIAL
IMPROVEMENT DISTRICT (SID) PROJECT concept. Given the urgent need
for improvements to Timberline Road, the Transportation Board was generally in
agreement and urged Staff to proceed.
• In May of 2004, Ron Phillips, Director of Transportation Services, updated the
Transportation Board on the Timberline/Prospect interim project and how it is
funded. Phillips explained the project, giving detailed funding information for the
developer's local street portion the Street Oversizing portion the proposed City
Capital portion the voluntary portion for the SID.
Mayor&City Council Members/ Transportation Board Recommendation
July 20,2005
Page 2
• In June of 2004, Transportation Staff again updated the Transportation Board on
the project and funding options. The board discussed various funding issues and
agreed it might be a good idea that if there is any additional funding, to invest in
some design effort and some estimating to see if the ultimate improvements could
be funded at this time with City capital dollars.
• And on September of 2004, Street Oversizing staff gave a detailed presentation on
the design effort for the Timberline from Drake to Prospect Project. Intersection
configurations and turn lanes, the railroad crossings, roundabouts and many other
design factors were discussed. The Transportation Board expressed its
concurrence of the design solutions offered by staff and the effort needed to
minimize the impacts of a six lane arterial roadway in this corridor.
The Transportation Board also reviewed the Sidehill and St. Charles Investment
properties and their development plans. Due to lack of city capital funds, and the
Adequate Public Facilities(APF) ordinance restrictions on building due to the
constrained intersection, the developments had indicated agreement to advance
funds add capacity to the Prospect/Timberline intersection. The minimal design
to meet APF requirements, and allow the projects to proceed would need$2.3M
to $2.5M of funding. The resulting design is an interim solution that doesn't meet
all of the city's street standards,but provides up to ten years of capacity.
Additional funding for the full and complete improvement, including constructing
the Prospect intersection to full standards, is currently included as a candidate for
funding in the proposed sales tax renewal, also known as Building on Basics
(BOB). If the measure is successful in November 2005 and includes this project,
money will be programmed for the full and complete improvements toward the
end of the ten year BOB measure.
Thank you for your continued interest in the Transportation Board and the opportunity to
provide input on this very important project.
ORDINANCE NO. 090, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RELATING TO THE CREATION AND ORGANIZATION OF THE
TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94
AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN
WHEREAS, the necessary proceedings have previously been initiated to create the
Timberline and Prospect Special Improvement District No. 94 (the "District") for the purpose of
constructing and installing the following improvements, to wit: capacity improvements to the
Timberline Road/Prospect Road intersection, including dedicated right-turn lanes, double left-turn
lanes, additional through lanes on Timberline Road, and other improvements as necessary, such as
traffic signal and utility relocation,bridge and structure widening,right-of-way acquisition,median
construction,curb,gutter,and paving(the"Improvements")for the benefit of the property contained
within and adjacent to the boundary of said District as set forth on Exhibit "A" attached hereto and
by this reference incorporated herein; and
WHEREAS, the Council of the City of Fort Collins (the "Council") began proceedings to
acquire, install, and construct the Improvements in said District by the acceptance of petitions of
certain property owners in said District (the 'Petitioners") and by the adoption of Resolution No.
2003-122 relating thereto on the 4th day of November, 2003, and Resolution No. 2005-083 on the
19th day of July, 2005; and
WHEREAS, the Council has received the necessary engineering report and met the other
requirements of Section 22-61(a) of the Code of the City (the "Code"); and
WHEREAS, notice has been given to the owners of property to be assessed in the District
and to all interested persons generally as required by Section 22-61(b) of the Code that this
Ordinance is to be considered by the Council; and
WHEREAS, any property owners affected and any other person interested generally have
been given an opportunity to present their views in regard to the formation of the District as required
by Section 22-62(a) of the Code; and
WHEREAS,the Council has considered any objections in writing filed with the City Clerk
prior to the date fixed for the hearing of this matter; and
WHEREAS, the Council has also considered all applicable factors specified in Section 22-
62(c)of the Code in determining whether creation of the District is in the best interests of the City;
and
WHEREAS,the Council is of the opinion that it is in the best interests of the residents of the
City to create said district.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby determines that the creation of the District is in the
best interests of the City.
Section 2. That there is hereby created and organized a special improvement district
under and by virtue of the provisions of Chapter 22 of the Code to be known as the Timberline and
Prospect Special Improvement District No.94,comprised of the real properties described on Exhibit
"A", attached hereto and incorporated herein by this reference.
Section 3. That the Improvements to be constructed in said District shall consist
generally of capacity improvements to the Timberline Road/Prospect Road intersection, including
dedicated right-turn lanes,double left-turn lanes,additional through lanes on Timberline Road,and
other improvements as necessary, such as traffic signal and utility relocation, bridge and structure
widening,right-of-way acquisition,median construction,curb,gutter,and paving,all as more fully
described in the Engineering Report for the District and Resolution 2005-083 on file with the City
Clerk and incorporated herein by reference.
Section 4. That the estimated total cost of the improvements in the District, including
without limitation,the cost of acquiring,planning,engineering,and constructing the Improvements
(but excluding legal and advertising costs, interest during constructing and until assessments are
made by ordinance against the properties benefitted, financing and other costs to the District), as
shown by the estimate of probable total cost, as made by the Director of Community Planning and
Environmental Services if$2,500,000.
Section 5. That no portion of the total probable cost of the Improvements is to be paid
by the City at large; all such cost is to be paid by assessments against property in the District except
for the estimated portion of said cost that will be due from the owners of certain underutilized
properties within one mile of the intersection of Timberline and Prospect Roads,which portion will
be payable through reimbursement agreements required by the City as a condition of redevelopment
pursuant to Land Use Code Section 3.3.2(F)(2). The total actual cost in the District shall, upon
completion of the Improvements, be apportioned in an assessment roll against each lot, tract, or
parcel of land to be assessed which assessment roll shall include additional assessments to cover the
costs of legal and advertising, interest during construction and until assessments are made by
ordinance against the properties benefitted, financing and other incidental costs to the District.
Assessments shall be levied by an assessing ordinance. Such assessments shall be a lien until paid
in the several amounts assessed against each lot, tract, or parcel of land. The cost of acquiring,
constructing, or otherwise installing the Improvements in the District, together with all costs
incurred in formation and financing of the District shall be assessed against those lots, tracts, or
parcels of land in the District. The total of all aggregated assessments shall be sufficient to cover
the total cost of the Improvements to be defrayed by special assessments.
Section 6. After any lot, tract, or parcel of property within the District is divided into
smaller parcels or other property interests,the assessment against such lot,tract or such parcel shall
be reallocated so that the assessment against each such smaller parcel or other property interests
shall bear the same ratio to the original assessment against such lot, tract or parcel as the
proportionate interest in such smaller parcel or other property interest bears to the interest in sellable
land in such original lot,tract or parcel as so divided into smaller parcels or other property interests.
The entire unpaid principal of any assessment or reallocated assessment,as the case may be,together
with interest accruing thereon to the next assessment interest payment date(except to the extent that
interest on the bonds to be issued by the City for the District has been capitalized through such date)
shall be immediately due and payable by the seller or transferor thereof prior to the sale or transfer
or any lot, tract or parcel, or portion thereof if such lot, tract or parcel shall have been divided as
aforesaid,unless the purchaser or transferee thereof shall acknowledge,in writing,receipt of notice
that the seller or transferor is not paying such assessment or reallocated assessment in full prior to
such sale or transfer, and that such assessment or reallocated assessment against such lot, tract or
parcel, or portion thereof as the case may be, shall continue to be a lien thereon.
Section 7. That pursuant to Chapter 22 of the Code, the Council has considered all
complaints or objections made or filed in writing by the owners of any real property to be assessed
and any other interested person; and that the Council further finds that all requirements of the Code
regarding the organization of the District have been observed and complied with or properly waived;
and it is hereby ordered that the Improvements as provided for in the maps,plans and specifications
heretofore adopted by the Council, be and they hereby are, ordered to be constructed.
Section 8. When the Improvements herein authorized have been completed and the same
approved and accepted by the City, the costs as set forth in Section 4 above shall be assessed upon
the real property in said District, all as set forth in the Petition and in Resolution 2005-083 for the
District on file with the City Clerk.
Section 9. If any section,paragraph,clause or provision of this Ordinance shall be held
to be invalid or unenforceable,the invalidity or unenforceability of such section,paragraph,clause
or provision shall in no manner affect any other provision of this Ordinance.
Section 10. All ordinances, resolutions and regulations of the City in conflict with this
Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be
construed to revive any ordinance, resolution or regulation, or part thereof, heretofore repealed.
Section 11. This Ordinance, immediately on its final passage, shall be recorded in the
Ordinance Record of the City kept for that purpose,authenticated by the signature of the Mayor and
the City Clerk,and notice of the adoption thereof shall be published in The Coloradoan,a newspaper
of general circulation published in the City.
Section 12. All actions, legal or equitable,for relief against any proceeding provided for
under Chapter 16 of the Code, whether based upon irregularities,jurisdictional defects or other
grounds, shall be commenced within 30 days after the wrongful act complained of or else be
thereafter perpetually barred.
Introduced, considered favorably on first reading, and ordered published this 16th day of
August, A.D. 2005, and to be presented for final passage on the 6th day of September, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of September, A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
OWNER NAME & ADDRESS
PS-TIMBERLINE LAKES, LLC
103 W MOUNTAIN AVE
FORT COLLINS,CO 80524
LEGAL DESCRIPTION
TR 3,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;LESS 98051260;&POR VAC HOFFMAN MILL RD
PER 98091889
OWNER NAME & ADDRESS
PS-TIMBERLINE LAKES, LLC
103 W MOUNTAIN AVE
FORT COLLINS,CO 80524
PROPERTY ADDRESS
1100 S COUNTY RD l I
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 1,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;&POR VAC HOFFMAN MILL RD PER 98091889
OWNER NAME & ADDRESS
USTL, LLLP(1/4)/DCW TL, LLC(1/4)
MMM TL, LLC(1/6)/DPV TL, LLC(1/6)
DNT TIMBERLINE LAKES, LLC(1/6)
760 WHALERS WAY,BUILDING A-200
FORT COLLINS,CO 80525-3373
LEGAL DESCRIPTION
PART OF TR 1,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC; DESC AS COM AT SE COR TR 1,CACHE
LA POUDRE INDUSTRIAL PRK PUD;TH S 89 13' 10"W 23.27 FT TPOB;TH S 89 13' 10"W 105.67 FT; S89 17'
27"W 455.27 FT;TH N 18 05' 15"W 420.88 FT;TH N 72 48' 31"E 348,27 FT;TH S 82 32' l9"E 363.15 FT TO PT
23.27 FT W OF E LN SD TR 1; TH S 00 09' 21"W 448.79 FT TPOB(CONT 6.761 AC M/L)
OWNER NAME & ADDRESS
SHARP POINT PROPERTIES,LLC
4875 PEARL EAST CR 300
BOULDER,CO 80301
PROPERTY ADDRESS
2120 MIDPOINT DR
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 6, SPRING CREEK CENTER PUD,FTC(2001019523)
OWNER NAME & ADDRESS
SHARP POINT PROPERTIES,LLC
4875 PEARL EAST CR 300
BOULDER,CO 80301
- 1 -
PROPERTY ADDRESS
1615 SPECHT POINT RD
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 7, SPRING CREEK CENTER PUD,FTC (2001019523)
OWNER NAME & ADDRESS
SHARP POINT PROPERTIES,LLC
4875 PEARL EAST CR 300
BOULDER,CO 80301
PROPERTY ADDRESS
1600 E PROSPECT RD
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 5, PROSPECT PARK EAST,PUD,FTC
OWNER NAME & ADDRESS
ANDERSON,TODD J
REGAN,ANTHONY P
305 W MAGNOLIA 204
FORT COLLINS,CO 80521
PROPERTY ADDRESS
2601 CANTON CT
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 11,PROSPECT INDUSTRIAL PARK, FTC
OWNER NAME & ADDRESS
POSTLE DEVELOPMENT CO
6800 79TH ST STE 201
NIWOT,CO 80503
LEGAL DESCRIPTION
OUTLOT A, SIDEHILL SUBDIVISION,FTC(20030144107)
OWNER NAME & ADDRESS
INTEGRATED EQUITIES,INC. (.25)
TEMPLE,W J(.25)
FLEMING,A W (.50)
PO BOX 272549
FORT COLLINS,CO 80525
PROPERTY ADDRESS
1945 S TIMBERLINE RD
FORT COLLINS,CO 80525
-2 -
LEGAL DESCRIPTION
TR IN NE 1/4 19-7-68,BEG AT PT ON W LN TIMBERLINE RD WH BEARS S 0 19' 30"W 1631.19 FT, S 88 38,
30"W 30 FT, S 0 19' 30"W 542.4 FT FROM NE COR, S 89 32' W 467.14 FT, S 0 37' E 100 FT,N 89 22' E 198.11
FT, S 0 39' E 258.35 FT,N 89 30' 30"E 263 FT,N 0 19' 30"E 357.69 FT TPOB CONT 2.6382 AC M/L(SPLIT
FROM 8719100 003)
OWNER NAME & ADDRESS
FLEISCHLI ENTERPRISES
7824 SOUTH COLLEGE AVENUE
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
PAR IN E 1/2 19-7-68 BEG AT PT WH BEARS S 0 19' 30"W 1631.19 FT, S 88 38' 30"W 30 FT,S 0 19' 30"W
1088.41 FT FROM NE COR, S 89 30' 30"W 1024.06 FT TO E LN OF UPRR, S 0 24' 20"W 300 FT,N 89 30' 30"E
1024.48 FT TO PT ON W LN OF TIMBERLINE RD,N 0 19' 30"E 300 FT TOPB CONT 7.06 AC M/L(SPLIT
FROM 87190 00 001),FTC
OWNER NAME & ADDRESS
SC GROUP INVESTMENTS, LLC
6300 S SYRACUSE WAY STE 293
ENGLEWOOD,CO 80111
LEGAL DESCRIPTION
E 1/2 19-7-68; LESS 35 AC M/L TO CITY OF FTC,32 AC UPRR, 10 AC C&S RR,4 AC DRY CREEK,TR IN NE
1/4 OF NE 1/4 19-7-68 LOCATED E OF C&S RR WW& S OF SPRING CREEK DITCH, LESS 1 162-257, 1401-354
&355, 1488-208, 1382-158, 1700-433, 1913-547,2050-178, 88048248,FTC; LESS ROW PER 2001007023 (EX"A"
PG t OF 4);AKA TR IN SE 19-7-68, BEG S 0 29'55"W 367.93 FT FROM E 1/4 COR, S 0 29' 55"W 2284.06 FT,S
89 53' 54"W 1056.8 FT,N 0 28' 22"E 2276.85 FT,N 89 30' 30"E 1057.94 FT TPOB; LESS 2004007 1 1 69; LESS RD
ROW PER 20040071172
OWNER NAME & ADDRESS
CITY OF FORT COLLINS POLICE FACILITY
LEGAL DESCRIPTION
A tract of land located in the Southeast Quarter of Section 19,Township 7 North,Range 68 West of the 6"Principal
Meridian,City of Fort Collins, County of Larimer,State of Colorado and being more particularly described as follows:
Considering the east line of the Southeast Quarter of Section 19,Township 7 North,Range 68 West,as bearing North
00c01'49"West and with all bearings contained herein relative thereto.
Commencing at the Southeast comer of the aforementioned Section 19,thence along the East line of the Southeast
Quarter of said Section 19,North 00c01'49"West 1301.57 feet,thence departing said section line South 89058'11"West
30.00 feet,to a point on the east line of a 20 foot easement as described at Reception No. 89001023,Clerk and Recorders
Office of Larimer County, Colorado,said line also being the west right of way line for Latimer County Road 11 (also
known as Timberline Road),and being the POINT OF BEGINNING, thence along said west right of way line North
00c01'49"West 724.93 feet,thence South 89c58'11"West 52.40 feet to the beginning of curve concave to the
northwest,having a radius of 15 feet,a central angle of 90000'00"and a chord bearing South 44c58'11"West 21.21 feet,
thence along the arc of said curve 23.56 feet,thence South 89c58'1 I."West 594.10 feet,thence South 00001'49"East
709.93 feet,thence North 89058'11"East 661.50 feet to the POINT OF BEGINNING.
- 3 -
The above described parcel contains 10.800 acres,more or less,and is subject to all easements and rights of way now on
record or existing.
OWNER NAME & ADDRESS
BUILDING A,LLC
141 S COLLEGE AVE SUITE 103
FORT COLLINS,CO 80524
LEGAL DESCRIPTION
LOT 1,CENTERPOINT PLAZA,FTC(20030128022)
OWNER NAME & ADDRESS
GYPRO PROPERTIES,LLC
1400E6 Is'ST
DENVER,CO 80216
LEGAL DESCRIPTION
LOT 2,CENTERPOINT PLAZA,FTC(20030128022)
OWNER NAME & ADDRESS
KERNAGHAN,JIM
6118 NORMANDY CT
FORT COLLINS,CO 80525
PROPERTY ADDRESS
2025 SHARP POINT DR
FORT COLLINS,CO 80525
LEGAL DESCRIPTION
LOT 16,PROSPECT INDUSTRIAL PARK, FTC
OWNER NAME & ADDRESS
COWEN TRANSFER AND STORAGE CO
PO BOX 7265
COLORADO SPRINGS,CO 80933-7265
LEGAL DESCRIPTION
LOT 17,PROSPECT INDUSTRIAL PARK,FTC
OWNER NAME & ADDRESS
LYNCH, MARJORIE C,MARITAL TRUST
3705 CUMULUS VIEW
COLORADO SPRINGS,CO 80904
LEGAL DESCRIPTION
LOT 18,PROSPECT INDUSTRIAL PARK,FTC
OWNER NAME & ADDRESS
BGJR LARIMER,LLC(66)
-4 -
G B VENTURES LLP(34)
4875 PEARL EAST CIR
BOULDER,CO 80301
LEGAL DESCRIPTION
LOT 19,PROSPECT INDUSTRIAL PARK,FTC
- 5 -
ORDINANCE NO , 095 , 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 22- 111 OF THE CITY CODE
PERTAINING TO THE ISSUANCE OF BONDS
FOR SPECIAL IMPROVEMENT DISTRICTS
WHEREAS , both the State and the City have enacted legislation pertaining to special
improvement districts ; and
WHEREAS , as a home rule municipality, the City follows the provisions of its City Code
pertaining to special improvement districts in areas where the State and local legislation may
conflict; and
WHEREAS, C .R. S . 31 -25 -534 contains certain provisions specifying the manner in which
the governing body of a municipality is to submit questions pertaining to the issuance of SID bonds
and defining the persons who are eligible to vote on such questions, while Section 22- 111 of the City
Code pertaining to special assessment bonds is silent on those subjects; and
WHEREAS , City staff has recommended that Section 22- 111 be amended by the addition
of a new subparagraph similar to the State law that would apply to both bonds and other multi-year
financial obligations of the City; and
WHEREAS , the Council believes that such changes are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 22- 111 of the City Code is hereby amended by the addition of a new
subparagraphs (d), (e) and (f) which shall read in their entirety as follows :
Sec. 22-111 . Special assessment bonds authorized.
(a) For the purpose of paying all costs specified in § 22- 85 as maybe assessed
against the property specially benefitted and not paid by the city, special assessment
bonds of the city may be issued as of such date and in such form as may be
prescribed by the City Council. The bonds shall bear the name of the district and
shall be payable in a sufficient period of years after such date to cover the period of
payment, but subject to call as soon as hereinafter provided, in such convenient
denominations as may be determined by the City Council .
(b) All such bonds shall be issued upon estimates of the Director of
Community Planning and Environmental Services or, if applicable, the General
Manager of Utility Services approved by the City Council. The Financial Officer
shall preserve a record of the same in a suitable book kept for that purpose. All such
bonds shall be subscribed by the Mayor and countersigned by the Financial Officer
with the corporate seal affixed and attested by the City Clerk. Facsimile signatures
may be used.
(c) The bonds shall be payable out of the money collected on account of the
assessments made for the improvements or from the proceeds of refunding bonds .
All money collected from such assessments for any improvements shall be applied
to the payment of the bonds issued until payment in full is made of all the bonds,
both principal and interest. If a reserve fund has been established for the district and
any balance remains in the reserve fund after the bonds have been paid in full and the
city has been fully reimbursed for costs associated with the district, any such balance
shall be distributed proportionally to the assessed property owners in the district. For
the purposes of this provision only, the term "assessed property owners " shall be
construed to mean the then current property owners, unless an assessment has
previously been paid in full, in which event it shall mean the party having made final
payment of the assessment. The bonds may be used in payment of the cost of the
district as herein specified or the City Council in its discretion may sell the bonds to
pay such cost in cash. The bonds shall be negotiable in form and shall be in either
registered or bearer form. The bonds shall bear interest at such rate as may be fixed
by the City Council and payable semiannually. If such interest is evidenced by
coupons, the coupons shall bear the facsimile signature of the City Clerk.
(d) In connection with the issuance of bonds or other multiple-fiscal year
financial obligations of the city payable solely from special assessments, the City
Council may provide by ordinance or resolution for the submission of the question
of issuing such bonds to the electors eligible to vote on the question. The City
Council may provide by ordinance or resolution that all registered electors of the
municipality shall be eligible to vote on the question or that only electors of the
district shall be eligible to vote on the question.
(e) In connection with the issuance of bonds or other multiple fiscal year
obligations of the city payable from special assessments which are additionally
secured by a pledge of any other funds of the city, including the surplus and
deficiency fund, the City Council may provide by ordinance or resolution for the
submission of the question of issuing the bonds to all registered electors of the
municipality.
(f) For the purposes of this section, an " elector of the district" shall mean a
person who, at the designated time or event, is registered to vote in the general
election in this state and: (a) who has been a resident of the district or the area to be
included in the district for not less than thirty (30) days ; or (b) who or whose spouse
owns taxable real or personal property within the district or the area to be included
in the district whether or not said person resides within the district. Where the owner
of taxable real or personal property within the district is not a natural person, an
" elector of the district" shall include a natural person designated by each such owner
to vote for such owner. Such designation shall be filed in writing and filed with the
City Clerk. Only one ( 1 ) such person may be designated by each owner.
Introduced and considered favorably on first reading and ordered published this 16th day of
August, A.D . 2005 , and to be presented for final passage on the 6th day of September, A.D. 2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 6th day of September, A.D . 2005 .
Mayor
ATTEST :
City Clerk
RESOLUTION 2005-091
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF
THE PROPOSED TIMBERLINE AND PROSPECT
SPECIAL IMPROVEMENT DISTRICT NO. 94
AS PART OF THE SPECIAL CITY ELECTION ON
NOVEMBER 1, 2005
WHEREAS, Chapter 22,Article III of the City Code empowers the City to establish special
improvement districts, and sets forth procedures and requirements for forming and organizing
special improvement districts and providing for the improvements to be constructed thereby, and
for the assessment of costs associated with those improvements; and
Whereas, on November 4, 2003 and July 19, 2005, the City Council approved two
resolutions pertaining to the proposed Timberline and Prospect Special Improvement District No.
94 ("the District"); and
WHEREAS,on August 16,2005,the City Council also approved on first reading Ordinance
No. 090, 2005, authorizing the creation of the District; and
WHEREAS, the owners of two parcels of property in the District (the"Developers") have
advanced $2.5 million of the cost of the improvements to be constructed in the District ; and
WHEREAS,if the District is approved by the Council,the City intends to repay that amount
to the Developers, with interest, from assessments levied upon the benefitted properties in the
District; and
WHEREAS,Article X, Section 20 of the Colorado Constitution("TABOR"),requires voter
approval in advance for the creation of any multiple-fiscal year direct debt, subject to certain
judicially established exceptions; and
WHEREAS, the City Council has approved on first reading Ordinance No. 095, 2005,
amending Section 22-111 of the City Code, which amendment would authorize the Council to
submit the aforementioned multi-year financial agreement to the registered electors in the District,
that is, those persons registered to vote in the general elections in the State of Colorado and either
residing in the proposed District or owning(or married to a person owning)taxable real or personal
property within the proposed District; and
WHEREAS,Article X, Section 3 of the Charter of the City of Fort Collins provides that the
Council may,without petition therefor,submit any question to the vote of the people at a regular or
special election; and
WHEREAS, a special municipal election is scheduled to be held on Tuesday,November 1,
2005 in conjunction with the Larimer County coordinated election,and a local ballot issue pursuant
to TABOR may properly be placed on the ballot as part of that special municipal election; and
WHEREAS, the purpose of this Resolution is to exercise the Council's authority to submit
to a vote of the electors of the proposed District,a ballot issue regarding the proposed agreement to
repay the Developers$2.5 million with interest,over a period of ten(10)years,payable solely from
special assessments levied against properties located within the proposed District.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby submitted to the electors of the proposed District, at the
next special City election to be held on November 1, 2005, the following ballot issue:
CITY OF FORT COLLINS 2
CITY-INITIATED BALLOT ISSUE
PERTAINING TO A PROPOSED MULTIPLE FISCAL YEAR FINANCIAL
OBLIGATION IN CONNECTION WITH THE PROPOSED
TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94
SHALL CITY OF FORT COLLINS DEBT BE INCREASED$2.5 MILLION IN PRINCIPAL
AMOUNT, WITH A REPAYMENT COST OF $3,325,000 TOTAL PRINCIPAL AND
INTEREST, BY THE EXECUTION OF A MULTIPLE YEAR FINANCIAL AGREEMENT
UNDER WHICH THE CITY WOULD REPAY CERTAIN PROPERTY OWNERS WITHIN
THE PROPOSED TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT
NO. 94 WHO HAVE ADVANCED THE COST OF THE IMPROVEMENTS TO BE
CONSTRUCTED WITHIN SUCH SPECIAL IMPROVEMENT DISTRICT, WITH THE
CITY'S FINANCIAL OBLIGATIONS UNDER THE AGREEMENT TO BE PAYABLE
SOLELY FROM SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTIES LOCATED
WITHIN THE SPECIAL IMPROVEMENT DISTRICT?
YES
NO
Section 2. That the City Clerk is hereby directed to accept comments submitted in favor of
and in opposition to the foregoing ballot measure from those persons eligible to vote thereupon
through the end of the business day on September 16, 2005, in accordance with Section 1-7-901,
C.R.S., and to summarize any such comments received in accordance with Section 1-7-903,C.R.S.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
16th day of August, 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 091, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC
IMPROVEMENTS IN CONNECTION WITH
THE TIMBERLINE ROAD, DRAKE ROAD TO PROSPECT ROAD PROJECT
WHEREAS, construction of the Timberline Road, From Prospect Road to Drake Road
Project (the "Project") is scheduled to start in 2005; and
WHEREAS,the Project includes widening Timberline Road,widening Spring Creek Bridge,
constructing sidewalks, construction of landscaped and hardscaped medians, installation of utility
connections and installation of traffic signals; and
WHEREAS, the Project will allow the area to improve from the currently failing levels of
service and complete a critical transportation link in the area; and
WHEREAS, it is necessary for the City to acquire certain property rights hereinafter
described in Exhibits"A"through"I",attached hereto and incorporated herein by this reference(the
"Exhibits"), for the purpose of constructing the Project; and
WHEREAS, the City will negotiate in good faith for the acquisition of said property rights
from the owners thereof; and
WHEREAS, the acquisition of the property rights is desirable and necessary for the
construction of the Project, is in the City's best interest and enhances public health, safety and
welfare; and
WHEREAS, the acquisition of such property rights may, by law, be accomplished through
proceedings in eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the
public interest to acquire the property rights described on the Exhibits for the purpose of
constructing the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the said property rights for the City by eminent domain
proceedings.
Section 3. The City Council finds, in the event that acquisition by eminent domain of
the property rights described in this Ordinance is commenced, that immediate possession is
necessary for the public health, safety and welfare.
Introduced,considered favorably on the first reading and ordered published this 16th day of
August, A.D. 2005, and to be presented for final passage on the 6th day of September, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of September, A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Page 1 of 4
PROPERTY DESCRIPTION
Exhibit A-Sidehill-Filing One-Outlot"A"
(1 of 2)
. . A parcel of land,for Temporary Construction Emement purposes,being part of Outlet A,Sidehill Subdivision
.. recorded November 14,2003 as Reception No.20030144107 of the records of the Latimer County Clark and Recorder
(LCCR)and being pan of the Northwest Quarter(NW 1/4)of Section Twenty(20),Township Seven North(T.7N.),
Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(61°P.M.),City of Fort Collins,County of Larimer,
State of Colorado. The name of the aforesaid subdivision was changed to Sidehill-Filing One per that Affidavit of
Correction recorded February 25,2004 as Reception No.20040017166 of the records of the LCCR. Said parcel being
more particularly described as follows:
COMMENCING at the Northwest comer of said Section 20 and assuming the West line of said NW 1/4 as bearing
South 00"13'42"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North
American Datum 1983/92,a distance of 2652.25 feet with all other bearings contained herein relative thereto:
THENCE South 00"13'42"East along said West line a distance of 954.32 feet;
THENCE North 89046'18"East a distance of 30.00 feet to the East Right-of-Way(ROW)of Timberline Road,said
point also being the Northwest comer of said Outlot A,said point also being the beginning point of a curve,said curve
being non-tangent to aforesaid line;
THENCE along the Northerly line of said Outlot A also being along the arc of a curve which is concave to the
Northeast a distance of 36.57 feet,said curve having a radius of2914.93 feet,a central angle of 00°43'07"and a long
. - chord bearing South 42047'37"East a distance of 36.56 feet to the POINT OF BEGINNING;
THENCE continuing along said Northerly line also being along the arc of a curve which is concave to the Northeast a
distance of 29.00 feet,said curve having a radius of 2914.93 fat,a central angle of 00034'12"and a long chord bearing
South 43°26'17"East a distance of 29.00 fat;
THENCE South 12017'19"East along a line being no -tangent to aforesaid curve a distance of 186.53 feet;
THENCE South 01032'58"East a distance of 34.95 fat;
THENCE South 21"38'25"West a distance of 40.29 feet;
THENCE South 03"21'06"West a distance of 512.23 feet;
THENCE South 89"13'34"West a distance of 8.34 feet to the beginning point of a curve,said curve being non-tangent
to aforesaid line;
THENCE along.the are of a curve which is concave to the East a distance of 285.53 feet,said crave having a radius of
49904.50 feet,a central angle of 00019'40"and a long chord bearing South W56'16"East a distance of 285.53 feet,
.. _ THENCE South 89058'25"War along a line being non-tangent to aforesaid curve a distance of 10.00 fat to the
beginning point of a curve,said curve being non-tangent to aforesaid line,said point bearing North 04047'33"East a
distance of 600.65 feet from the West Quarter(W 1/4)comer of aid Section 20;
THENCE along the arc of a carve which is concave to the East a distance of 285.40 feet,said curve having a radius of
49914.50 fat,a central angle of 00°19'39"and a long chord bearing North 00"56'15"West a distance of 285.40 fat;
- THENCE North 89013'34"Eat along a line being non-tangent to aforesaid curve a distance of 3.30 feet;
THENCE North 03"21'06"Eat a distance of 515.73 feet;
THENCE North 21"38'25"Eat a distance of 39.63 fat;
THENCE North 01032'58"West a distance of 30.46 feet;
THENCE North 12"17'19"West a distance of 209.94 feet to the POINT OF BEGINNING;
Said parcel contains 14,627 sq.R.or 0.336 acre,more or lass(t),and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
.. SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking,and that it is true and correct to the beat of my knowledge
and belief. .,..may.
Sb
Steven A.Lun Inc.
Colorado Regi
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Esau=Park Drive
Windsor,Colorado 80550
(970)686-5011
IN:2004208
M:\2004208Vegal&wriptimslSIDEHILL-TEMP-CONST-N-LEGAL-DESC.doc
Last printed 4/152005 3:27 PM
TEMPORAERAYSEME CONSTRUCTION EXHIBIT A SIDEHILL-FILING ONE
N04 SEC. 20, T.7N., R.68W.
NORTHWEST CORNERI JV •� / i
SEC. 20, T.7N.. R.68W.
POINT OF COMMENCEMENT j . `{\` ; �� I EXHIBIT "An
Page 2 of 4
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Stwen A Lund Ing Surveyors• Inc.
I I 11 Colorado Register 1
WEST QUAR Land Surveyor 34995
SEC. 20. T.7N., R.66W, I I L6
[+:: "IV4 SURF EYORS lim PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CUENT:INTERWEST
WWW.KINGSURVEYORS.COM DWG:EXHIBIT-SIDEHILL
DRAWN:MCD CHECKED:SAL
EXHIBIT "A"
Page 3 of 4
PROPERTY DESCRIPTION
Exhibit B-Sidehill-Filing One-Outlot"A"
(I of2)
Two parcels of land,for Temporary Construction Easement purposes,being parts of Outlot A,Sidehill
Subdivision recorded November 14,2003 as Reception No.20030144107 of the records of the Larimer
County Clerk and Recorder(LCCR)and being parts of the Southwest Quarter(S W I/4)of Section Twenty
(20),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6a
P.M.),City of Fort Collins,County of Latimer,State of Colorado. The name of the aforesaid subdivision
was changed to Sidehill-Filing One per that Affidavit of Correction recorded February 25,2004 as
Reception No.20040017166 of the records of the LCCR. Said parcels being more particularly described as
follows:
North Parcel
COMMENCING at the West Quarter(W I/4)comer of said Section 20 and assuming the West line of said
SW 1/4 as bearing South 00001'35"East,being a Grid Bearing of the Colorado State Plane Coordinate
System,North Zone,North American Datum 1983192,a distance of 2651.97 feet with all other hearings
contained herein relative thereto:
THENCE South 00°01'35"East along said West line a distance of 519.95 feet;
THENCE North 89e58'25"East a distance of 74.11 feet to the POINT OF BEGINNING;
THENCE continuing North 89058'25"East a distance of 15.00 feet;
THENCE South 01"14'46"East a distance of 91.52 feet,said point hereinafter referred to as point"A;"
THENCE South 89058'25"West a distance of 15.00 feet;
THENCE North 01014'46"West a distance of 91.52 feet to the POINT OF BEGINNING;
Said parcel contains 1,373 sq.ft.or 0.032 acre,more or less(t),and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
South Parcel
COMMENCING at said point"A;"
THENCE South 01014'46"East a distance of 117.03 feet to the POINT OF BEGINNING;
THENCE continuing South 01014'46"East a distance of 93.52 feet;
THENCE South 89058'25"West a distance of 15.00 feet,said point bearing North 02029'3T'East a
distance of 1831.79 feet from the Southwest comer of said Section 20;
THENCE North 01e14'46"West a distance of 93.52 feet;
THENCE North 89058'25"East a distance of 15.00 feet to the POINT OF BEGINNING;
Said parcel contains 1,403 sq.ft.or 0.032 acre,more or less(t),and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge and belief.
'p0 REG�
Steven A.Lund -on eyors,Inc.
. Colorado Registered Pro
MW
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:�2004208Vegal dewriptiom\SIDEHILL-TEMP-CONST-S-LEGAL-DESC.dm
Last printed 4/15/2005 3:28 PM
SEC. 20. T.7N., R.68W.
TEMPORARY RUCTION EXHIBIT B SIDEHILL-FILING ONE
EASEMENT NWY4
-———————J I I WEST QUARTER CORNER
-- — I I SEC. 20, T.7N., R.681N. EXHIBIT "A"
POINT OF COMMENCEMENT_ _ Page 4 of 4
II
I
I I LINE TABLE
I I I LINE BEARING LENGTH
L71 N8938' ' 4. 1'
I I L12 N89' 8' i .00,
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�ryi I Steven A Lund g Surveyors, Inc.
i Colorodo Register
I I I Land Surveyor349
I SOUTHWEST CORNER
1 SEC. 20, T.7N., R.68W.
i
RING SMVEYORS, INC. PROJECT N0:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:
LIDATE: :INTE /2005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E:INTER SIDE
DWG:N:MCD_CHECKED:
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "B"
Page 1 of 8
PROPERTY DESCRIPTION
Exhibit A-Fleischli Enterprises
(1 of2)
A parcel of land,for Timberline Road Right-Of-Way,being part of that parcel of land described in
that Special Warranty Deed(SWD)recorded November 4,2004 as Reception No.2004-0106576
of the records'of the Latimer County Clerk and Recorder(LCCR)and being part of the East Half
(El/2)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)
of the Sixth Principal Meridian(61'P.M.),City of Fort Collins,County of Latimer,State of
Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NE1/4 as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 000 13'42"East along said East line a distance of 2532.16 feet;
THENCE South 89046118"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
SWD,said point also being the POINT OF BEGINNING;
The following Two(2)courses and distances are along said West ROW:
THENCE South 00°13'42"East a distance of 120.04 feet;
THENCE South 00001135"East a distance of 368.40 feet to the Southeast corner of that parcel of
_ land described in said SWD;
THENCE South 88°59'00"West along said South line a distance of 38.14 feet;
THENCE North 04024154"East a distance of 200.79 feet;
THENCE North 01'58'53"East a distance of 139.13 feet to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the West a distance of 119.31 feet,said
curve having a radius of 2118.00 feet,a central angle of 03°13'39"and a long chord bearing North
00a22'03"East a distance of 119.29 feet to a Point of Tangency(PT);
THENCE North 01°14'46"West a distance of 30.28 feet to the North line of that parcel of land
described in said SWD;
THENCE North 88°57'18"East along said North line a distance of 17.11 feet to the POINT OF
BEGINNING;
Said parcel contains 11,362 sq.ft.or 0.261 acre,more or less(3),and is subject to any rights-of-
way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my d e and belief.
O REO�ST
r �
Steven A.Lund -on beh eyors,Inc.
Colorado Registered I fessio
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
MA2004208Vegal deacriptiom\FLEISCHLI-ROW-LEGAL-DESC.dm
.. - Last printed 41152005 3:25 PM
EXHIBIT "B" RIGHT-OF-WAY EXHIBIT A FL ENTERPRISES
� SEEC.C. 19. T.7N., R.68W.
Page 2 of 8 NORTHEAST CORNER
/rVTEG.P9TEOEpU/T/6J;/NC.,N:J.UfFJ'TB�JPLE, I I I I
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75' ROADWAY EASEMENT POINT OF I POINT OF COMMENCEMENT
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N SEC. 19, T.7N., R.68W. —
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RING SURMNORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
CLIENT:INTERWEST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:EXHIBIT-FLEISCHLI
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "B"
Page 3 of 8
PROPERTY DESCRIPTION
Exhibit B-Fleischli Enterprises
(1 oft)
A parcel of land,for Slope and Drainage Basement purposes,being part of that parcel of land
described in that Special Warranty Deed(SWD)recorded November 4,2004 as Reception No.
2004-0106576 of the records of the Latimer County Clerk and Recorder(LCCR)and being part of
the East Half(E12)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight
West(R.68W.)of the Sixth Principal Meridian(6" P.M.),City of Fort Collins,County of Latimer,
State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 19 and assuming the East line of said
NE 1/4 as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 2532.16 fat;
THENCE South 89e46'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
SWD;
THENCE South 88e57'18"West along the North line of that parcel of land described in said SWD
a distance of 17.11 feet to the POINT OF BEGINNING;
THENCE South 01*14'46"East a distance of 30.28 feet to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the West a distance of 119.31 feet,said
curve having a radius of 2118.00 feet,a central angle of 03e 13'39"and a long chord bearing South
00°22'03"West a distance of 119.29 feet to a Point of Tangency(PT);
THENCE South 01058'53"West a distance of 139.13 feet;
THENCE South 04024'54"West a distance of 200.79 feet to the South line of that parcel of land
described in said SWD;
THENCE South 88e59'00"West along said South line a distance of 89.52 feet;
THENCE North 60028'03"East a distance of 77.97 feet;
THENCE North 01°58'53"East a distance of 451.26 feet;
THENCE North 01'14'46"West a distance of 0.49 feet to said North line;
THENCE North 88e57'18"East along said North line a distance of 26.45 feet to the POINT OF
BEGINNING;
Said parcel contains 15,503 sq.ft.or 0.356 acre,more or less(t),and is subject to any rights-of-
way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my ge and belief.
FEGCS
S
Steven A.Lund -on be yors,Inc.
Colorado Registered Professro
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004206\legat deacriptiom\FLEISCHLI-SLOPE+DRAINAGE-LEGAL-DESC.dm
Les[printed 4/15/2005 3:26 PM
EC.S 1
EXHIBIT "B" SLOPE & DRAINAGE EASEMENT EXHIBIT B FL ENTERPRISES
Paged of 8 EMz SEC. 19, T.7N., R.68W.
/NFS'GiUT&9IW6§71 ,'/NC.,*'.1AVFJ'TF,W-ZS I I I I NORTHEAST-CORNER
A.K:FLE,JI/NCB CO..fEL:NO D7RS7S// I -I I I SEC. 19, T.7N., R.68W.
75' ROADWAY EASEMENT POINT OF I I Ll POINT OF COMMENCEMENT
(B1209 P299) BEGINNING I �� „ �1I 0
10' PSCO EASEMENT (B1184 P313 L5 --- N
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I I t 1 EAST QUARTER CORNER
SEC. 19, T.7N., R.68W.
20' CITY OF FORT COLLINS I I
EASEMENT FOR UNDERGROUND I
N UTIUTIES.(REC#90020795) N I K) 30" R.O.W.
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I
RING SIIR�'YORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT,
LIDATE: ,INTE/2005
EST
PHONE: 970) 686-5011 FAX: (970) 686-5821 DWG:E:INTER FLEI
( DWG:EXHtBR_FLEISCHIJ
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "B"
Page 5 of 8
PROPERTY DESCRIPTION
Exhibit C-Fleischli Enterprises
(1 of2)
A parcel of land,for Temporary Construction Easement purposes,being part of that parcel of land
described in that Special Warranty Deed(SWD)recorded November 4,2004 as Reception No.
2004-0106576 of the records of the Latimer County Clerk and Recorder(LCCR)and being part of
the East Half(El/2)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight
West(R.68 W.)of the Sixth Principal Meridian(60'P.M.),City of Fort Collins,County of Latimer,
State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NE1/4 as bearing South 00*13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 000 13'42"East along said East line a distance of 2532.16 feet;
THENCE South 89°46'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
SWD;
THENCE South 88057'l8"West along the North line of that parcel of land described in said SWD
a distance of 43.56 feet to the POINT OF BEGINNING;
THENCE South 01'14'46"East a distance of 0.49 feet;
THENCE South 01"58'53"West a distance of 451.26 feet;
THENCE South 60e28'03"West a distance of 77.97 feet to the South line of that parcel of land
described in said SWD;
THENCE South 88°59'00"West along said South line a distance of 15.00 feet;
THENCE North 01°14'46"West a distance of 8.90 feet;
THENCE North 60028'03"East a distance of 78.53 feet;
THENCE North 01'58'53"East a distance of 442.44 feet
THENCE North 01114146"West a distance of 0.12 feet to said North line;
THENCE North 88'57'18"East along said North line a distance of 15.00 feet to the POINT OF
BEGINNING;
Said parcel contains 7,948 sq.ft.or 0.182 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of m0. knowledge and belief.
O� REO
El1 A P.
t s
Steven A.Lund -o urveyors,Inc.
Colorado Registered Pr
Land Surveyor#34995
IQNG SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
W2004208Vegal dmriptiom\FLELSCHLI-TEMP-CONST-LEGAL-DESC.doc
Lest printed 4/15/2005 3:26 PM
EXHIBIT "B„ TEMPORARY CONSTRUCTION EXHIBIT C FLEISCHU ENTERPRISES
EASEMENT E1 SEC. 19, T.7N., R.68W.
Page 6 of 8 GITBGBATB ,epr11T/L'!;/Nc.,/! /AAfBf TBl1FLE, I
- I I 1 NORTHEAST CORNER
A.N!FLE71/NC&CO A6C.NO D7aS7Sll I I I I SEC. 19, T.7N., R.68W.
75' ROADWAY EASEMENT POINT OF I I POINT OF COMMENCEMENT
(B1209 P299) BEGINNING I I L1
10' PSCO EASEMENT B1184 P313 } 9 L_2� 6 N
L21 i IL 0 I z ,nl
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-———————————— --i—� J I I m NI
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----------------� --I I I
I I I EAST OUARTER CORNER
1 1 I I I SEC. 19. T.7N., R.68W.
1
20' CITY OF FORT COLLINS 1 I I
EASEMENT FOR UNDERGROUND
UTILITIES.(REC#90020795) 'i ; i I 30'IR.O.W.
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BBC NO.1G+�Q2�lf36 I
I
KING SIIRYEYORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIDATE: .INTE /2005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E HIBIT FLEI
DWG:EXHIBIT_FLEISCHLI
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "B"
Page 7 of 8
PROPERTY DESCRIPTION
Exhibit D-Fleischli Enterprises
(1 of2)
A parcel of land,for Utility Easement purposes,being part of that parcel of land described in that
Special Warranty Deed(S WD)recorded November 4,2004 as Reception No.2004-0106576 of the
records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter
(NEl/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West
(R.68 W.)of the Sixth Principal Meridian(&P.M.),City of Fort Collins,County of Larimer,State
of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NE1/4 as bearing South 00013'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 000 13'42"East along said East line a distance of 2554.82 feet;
THENCE South 89'46'18"West a distance of 46.71 feet to the POINT OF BEGINNING;
THENCE South 01 e14'46"East a distance of 7.86 feet to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the West a distance of 2.14 feet,said curve
having a radius of 2118.00,a central angle of 00°03'28"and a long chord bearing South 01e13'02"
East a distance of 2.14 feet;
THENCE South 88045'14"West along a line being non-tangent to aforesaid curve a distance of
15.00 feel;
THENCE North 01°14'46"West a distance of 10.00 feet;
THENCE North 88045'14"East a distance of 15.00 feet to the POINT OF BEGINNING;
Said parcel contains 150 sq.ft.or 0.003 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of to ge and belief.
Op REG{Sr
OQg:JFJy A•1•.
Steven A.Lund -on b eyors,Inc.
Colorado Registered Professio
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208\1c0 descriptiom\FLEISCHLI•UnLXrY-LEGAL-DESC.doc
Last printed 4/15/2005 3:27 PM
EXHIBIT "B" ff75" EASEMENT EXHIBIT D NEY�SEC. 19, T.7NPRR 8W.
P89@ B Of B �pU/77Fd;/NC..H!I.4dfi.�J'TF.,1fFLE,f1/NC&CG."ryjq.91w,7f1/ I NORTHEAST CPORNER
SEC. 19, T.7N., R.68W.
ADWAY EASEMENT I I POINT OF COMMENCEMENT
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QUARTE
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UTIUTIES.(RECy90020795) I
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117N1r' .5'U�i�'Y�RS JN�..r PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:INTERWEST
WWW.KINGSURVEYORS.COM DWG:EXHIBR_FLEISCHLI
DRAWN:MCD CHECKED:SAL
EXHIBIT "C"
Page 1 of 10
PROPERTY DESCRIPTION
Exhibit A-Integrated Equities,Inc.
(1 oft)
A parcel of land,for Timberline Road Right-Of-Way,being part of that parcel of land described in
that Quit Claim Deed(QCD)recorded October 14, 1997 as Reception No.97067511 of the records
of the Latimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter
(NE1/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West
(R.68 W.)of the Sixth Principal Meridian(6te P.M.),City of Fort Collins,County of Latimer,State
of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEl/4 as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 2174.47 feet;
THENCE South 89e46'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
QCD,said point also being the POINT OF BEGINNING;
THENCE South 000 13'42"East along said West ROW a distance of 357.69 feet to the Southeast
corner of that parcel of land described in said QCD;
THENCE South 88e57'18"West along the South line of that parcel of land described in said QCD
a distance of 17.11 feet;
THENCE North 01e14'46"West a distance of 350.49 feet to a Point of Curvature(PC);
THENCE along the are of a curve which is concave to the East a distance of 7.18 feet,said curve
having a radius of 50022.50 feet,a central angle of 00000'30"and a long chord bearing North
01 a 14'32"West a distance of 7.18 feet to the North line of that parcel of land described in said
QCD;
THENCE North 88e58'48"East along said North line a distance of 23.46 feet to the POINT OF
BEGINNING;
Said parcel contains 7,256 sq.ft.or 0.167 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of rn ]mo a and belief.
rW
Steven A.Lund -on behal ors,Inc.
Colorado Registered Professions
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
IN:2004208
MA2004208Uega1 descriptio=UNTEGRATED-EQUITIES-ROW-LEGAL-DESC.doc
Last printed 4/1512005 3:23 PM
RIGHT-OF-WAY EXHIBIT A INTEGRATED 19 T EQUITIES,
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POINT OF COMMENCEMENT
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EAST QUARTER CORNER
L1 I SEC. 19. T.7N., R.68W.
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KING SbRr PEYORS, INC. PROJECT NC:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CUENTDATE:0INT E/2005
RWEST
PHONE: 970 686-5011 FAX: (970 686-5821 DWG:
INTE-INTE
( � � DWG:EXHIBIT_INTEGRATED-EQUITIES
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
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Page 3 of 10
PROPERTY DESCRIPTION
Exhibit B-Integrated Equities,Inc.
(I oft)
A parcel of land,for Slope and Drainage Easement purposes,being part of that parcel of land
described in that Quit Claim Deed(QCD)recorded October 14, 1997 as Reception No.97067511
of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast
Quarter(NEl/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West
(R.68W.)of the Sixth Principal Meridian(6i°P.M.),City of Fort Collins,County of Larimer,State
of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 19 and assuming the East line of said
NEIA as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 2174.47 feet;
THENCE South 89046'18"Wester distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast corner of that parcel of land described in said
QCD;
THENCE South 88°58'48"West along the North line of that parcel of land described in said QCD
a distance of 23.46 feet to the POINT OF BEGINNING,said point being the beginning point of a
curve,said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the East a distance of 7.18 feet,said curve
having a radius of 50022.50 feet,a central angle of 00°00'30"and a long chord bearing South
01°14'32"East a distance of 7.18 feet to a Point of Tangency(PT);
THENCE South 010 14'46"East a distance of 350.49 feet to the South line of that parcel of land
described in said QCD;
THENCE South 88*57'18"West along said South line a distance of 26.45 feet;
THENCE North 01014'46"West a distance of 80.54 feet;
THENCE North 01°56'19"East a distance of 90.00 feet;
THENCE North 01014'46"West a distance of 187.25 feet to said North line;
THENCE North 88058'48"East along said North line a distance of 21.45 feet to the POINT OF
BEGINNING;
Said parcel contains 8,299 sq.ft.or 0.191 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my a and belief.
REO�,r
Steven A.Lund -on be eyors,Inc.
Pro Colorado Registered fessio
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
IN:2004208
M:\2004208Uegal descriptiom INTEGRATED-EQUITTES-SLOPE+DRAINAGE-LEGAL-DESC.dm
Last printed 4/15/2005 3:23 PM
SLOPE & DRAINAGE EASEMENT EXHIBIT B INTEGRATED EQUITIES, INC.
NEYi SEC. 19, T.7N., R.68W.
I j I I I
I I I I NORTHEAST CORNER EXHIBIT "C"
I I SEC. 19, T.7N., R.6BW. Page 4 of 10
POINT OF COMMENCEMENT
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EAST QUARTER CORNER
SEC. 19, T.7N., R.68W.
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9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: /
ERWEST
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WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "CI
Page 5 of 10
PROPERTY DESCRIPTION
Exhibit D-Integrated Equities,Inc.
(1 of2)
A parcel of land,for Temporary Construction Easement purposes,being part of that parcel of land
described in that Quit Claim Deed(QCD)recorded October 14, 1997 as Reception No.97067511
of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast
Quarter(NE1/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West
(R.68 W.)of the Sixth Principal Meridian(6"P.M.),City of Fort Collins,County of Latimer,State
of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 19 and assuming the East line of said
NEl/4 as bearing South 00013'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 2174.47 feet;
THENCE South 89e46'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
QCD;
THENCE South 88058'48"West along the North line of that parcel of land described in said QCD
a distance of 44.91 feet to the POINT OF BEGINNING;
THENCE South 01e14'46"East a distance of 187.25 feet;
THENCE South 01 e56'19"West a distance of 90.00 feet;
THENCE South 01 e14'46"East a distance of 80.54 feet to the South line of that parcel of land
described in said QCD;
THENCE South 88e57'18"West along said South line a distance of 15.00 feet;
THENCE North 01e14'46"West a distance of 80.91 feet;
THENCE North 01 e56'19"East a distance of 90.00 feet;
THENCE North 01014'46"West a distance of 186.90 feet to said North line;
THENCE North 88058'48"East along said North line a distance of 15.00 feet to the POINT OF
BEGINNING;
Said parcel contains 5,367 sq.ft.or 0.123 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of m wledge and belief.
Steven A.Lund -on eyors,Inc.
Colorado Registered Profes
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
MA2004208Vegal dmriptions\U-TMRATED-EQUITIES-TEAS'-CONST-LEGAL-DESC.dm
I.eat printed 4/15/2005 3:24 PM
TEMPORARY CONSTRUCTION EXHIBIT D NNTTEGRATED9EQUINIES, INC.
EASEMENT
I ii o
1 I NORTHEAST CORNER EXHIBIT C
I 1 I POINT OF COMMEENCEME Page 6 of 10
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EAST QUARTER CORNER
LI I SEC. 19, T.7N., R.68W. —
I I
I I I
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"Mig aS"O T 0", IA7C PROJECT 140:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CUENDATE:0INTERW005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E HIBIT EXHIBIT-INTEGRATED-EQUITIES
WWW.KINGSURVEYORS.COM DWG:N:MC T_IHECKED:SALEQUITIES
DRAWN:MCD CHECKED:SAL
EXHIBIT "C"
Page 7 of 10
PROPERTY DESCRIPTION
Exhibit E-Integrated Equities,Inc.
(1 of2)
A parcel of land,for Utility Easement purposes,being part of that parcel of land described in that
Quit Claim Deed(QCD)recorded October 14, 1997 as Reception No.97067511 of the records of
the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter(NEI/4)
of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68 W.)of the
Sixth Principal Meridian(0 P.M.),City of Fort Collins,County of Larimer,State of Colorado,and
being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEl/4 as bearing South 00e13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00°13'42"East along said East line a distance of 2208.57 feet;
THENCE South 89e46'18"West a distance of 52.86 feet to the POINT OF BEGINNING;
THENCE South 01e14'46"East a distance of 20.00 feet;
THENCE South 89e58'07"West a distance of 78.23 feet;
THENCE North 00e01'53"West a distance of 20.00 feet;
THENCE North 89°58'07"East a distance of 77.80 feet to the POINT OF BEGINNING;
Said parcel contains 1,560 sq.ft.or 0.036 acre,more or less(t),and is subject to any rights-of-way
or other easements Of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my kno rd belief.
0�,00 REO/ST
d •`rcV Q4 9
:q - s
Steven A.Lund -on behalf rs,Inc.
Colorado Registered Professions
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208\legal&wnptiom\INTEGRATED-EQUnUS-UTILr17-N-LEGAL.DESC.doc
Lest printed 4/15/2005 3:24 PM
UTILITY EASEMENT EXHIBIT E NV4ESEC. 19 T.7NIESR.68W.
� �a u
I NORTHEAST CORNER EXHIBIT C
I SEC. 19, T.7N., R.68W. Page 8 of 10
POINT OF COMMENCEMENT
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i EAST QUARTER CORNER
LI I SEC. 19. T.714., R.66W.
I I
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RING' SbTfEYORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:
LIDATE: :INTE /2005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:EXHIBIT—INTEGRATED—EQUITIES
WWW.KINGSURVEYORS.COM DWG:N:MCCHECKED:
SAL
DRAWN:MCD CHECKED:SAL
EXHIBIT $,C"
Page 9 of 10
PROPERTY DESCRIPTION K
Exhibit F-Integrated Equities,Inc.
(l of2)
A parcel of land,for Utility Easement purposes,being part of that parcel of land described in that
Quit Claim Deed(QCD)recorded October 14, 1997 as Reception No.97067511 of the records of
the Latimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter(NEl/4)
of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the
Sixth Principal Meridian(6'P.M.),City of Fort Collins,County of Latmer,State of Colorado,and
being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEIA as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013142"East along said East line a distance of 2505.81 feet;
THENCE South 89e46'18"West a distance of 47.58 feet to the POINT OF BEGINNING;
THENCE South 01e14'46"East a distance of 10.00 feet;
THENCE South 88e45'14"West a distance of 30.00 feet;
THENCE North 01014'46"West a distance of 10.00 feet;
THENCE North 88°45'14"East a distance of 30.00 feet to the POINT OF BEGINNING;
Said parcel contains 300 sq.ft.or 0.007 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my knowledge and belief.
i
Steven A.Lund -on eyors,Inc.
Colorado Registered Pro
movo
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
IN:2004208
M:\2004208Vegal descriptiom\UMGRATED-EQUITIES-UTILITY-S-LEGAL-DESC.dm
Last printed 4/15/2005 3:25 PM
D.
UTILITY EASEMENT EXHIBIT F NFJTESREACTE19 T 7INIESR.68W.
I I i l I EXHIBIT "C"
I I I NORTHEAST CORNER
I I SEC. 19, T.7N., R.68W. Page 10 of 10
POINT OF COMMENCEMENT
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LI I SEC. 19. T.7N., R.88W.
I
I I I
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"Mr SUBILYORS, 1AV PROJECT N0:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, DATE:04/15/2005
CO 80550 CLIENT:INTERWEST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWO:EXHIBIT-INTEGRATED-EQUITIES
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "D"
Page 1 of 10
PROPERTY DESCRIPTION
Exhibit A-Timberline Star Properties,LLC
(1 of2)
A parcel of land,for Timberline Road Right-Of-Way,being part of that parcel of land described in
that Special Warranty Deed(SWD)recorded December 22, 1994 as Reception No.94100658 of
the records of the Latimer County Clerk and Recorder(LCCR)and being part of the Northeast
Quarter(NE1/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West
(R.68W.)of the Sixth Principal Meridian(60'P.M.),City of Fort Collins,County of Larimer,State
of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NE 1/4 as bearing South 00013'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 1632.07 feet;
THENCE South 89e46'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
SWD,said point also being the POINT OF BEGINNING;
THENCE South 000 13'42"East along said West ROW a distance of 542.40 feet to the Southeast
comer of that parcel of land described in said SWD;
THENCE South 88e58'48"West along the South line of that parcel of land described in said SWD
a distance of 23.46 feet to the beginning point of a curve,said curve being non-tangent to aforesaid
line;
THENCE along the arc of a curve which is concave to the East a distance of 429.27 feet,said curve
having a radius of 50022.50 feet,a central angle of 00e29'30"and a long chord bearing North
00e59'32"West a distance of 429.27 feet to a Point of Tangency(PT);
THENCE North 00044'47"West a distance of 112.61 feet to the North line of that parcel of land
described in said SWD;
THENCE North 88e05'18"East along said North line a distance of 30.21 feet to the POINT OF
BEGINNING;
.. Said parcel contains 14,783 sq.ft.or 0.339 acre,more or less(t),and is subject to any rights-of-
way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my knowledge and belief. -
S a' QGl
-j46
%
Steven A.Lund -on Ki eyors,Inc.
Colorado Registered Pro
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208Vegal descriptions\TMMERLDe-STAR-ROW-LEGAL.DESC.doc
Lest printed 4/15/2005 3:19 PM
STAR
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RIGHT—OF—WAY EXHIBIT A �MNELISEC. 19, T.7N., R168W LLC
II
NORTHEAST CORNER EXHIBIT "D"
SEC. 19,OT T.7N.,NTF co NCEEMENT Page 2 of 10
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9299 EASTMAN PARK DRIVE, WINDSOR. CO 80550 CUEDATE:0INT R
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WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "D"
Page 3 of 10
PROPERTY DESCRIPTION
Exhibit B-Timberline Star Properties,LLC
(1 of2)
A parcel of land,for Slope and Drainage Easement purposes,being part of that parcel of land
described in that Special Warranty Deed(SWD)recorded December 22, 1994 as Reception No.
94100658 of the records of the Latimer County Clerk and Recorder(LCCR)and being part of the
Northeast Quarter(NE1/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-
eight West(R68 W.)of the Sixth Principal Meridian(6"P.M.),City of Fort Collins,County of
Latimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEl/4 as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00°13'42"East along said East line a distance of 1632.07 feet;
THENCE South 89046'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
SWD;
THENCE South 88005'18"West along the North line of that parcel of land described in said SWD
a distance of 30.21 feet to the POINT OF BEGINNING;
THENCE South 00°44'47"East a distance of 112.61 feet to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the East a distance of 429.27 feet,said curve
having a radius of 50022.50 feet,a central angle of 00029'30"and a long chord bearing South
00059132"East a distance of 429.27 feet to the South line of that parcel of land described in said
SWD;
THENCE South 88e58'48"West along said South line,said line being non-tangent to aforesaid
curve,a distance of 21.45 feet;
THENCE North 01e14'46"West a distance of 541.50 feet to said North line;
THENCE North 88005'18"East along said North line a distance of 24.34 feet to the POINT OF
BEGINNING;
Said parcel contains 12,165 sq.ft.or 0.279 acre,more or less(d:),and is subject to any rights-of-
way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my knowledge and belief.
aE� r
Steven A.Lund -on b eyors,Inc.
Colorado Registered Pro
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\200420aUegal descriptions\TIMBERLINE-STAR-SLOPE+DRAIN-LEGAL-DESC.doc
Last printed 4/15/2005 3:20 PM
SLOPE & DRAINAGE EASEMENT EXHIBIT B TIMBERLINE NEY4 SSEC. s T7 NPE R.'68W.LLC
I I ' NORTHEAST CORNER EXHIBIT "D"
I I I SEC. 19, T.7N., R.68W.
I I I POINT OF COMMENCEMENT Page 4 of 10
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.rW.AV Dxmri/
"ArY SURVEYORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005CLIENT:INTERWEST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWO:EXHIBIT—TIMBERLINE—STAR
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "D"
Page 5 of 10
PROPERTY DESCRIPTION
Exhibit D-Timberline Star Properties,LLC
(1 oft)
A parcel of land,for Temporary Construction Basement purposes,being part of that parcel of land
described in that Special Warranty Deed(SWD)recorded December 22, 1994 as Reception No.
94100658 of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the
Northeast Quarter(NE1/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-
eight West(R.68W.)of the Sixth Principal Meridian(6"P.M.),City of Fort Collins,County of
Latimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEl/4 as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 1632.07 feet;
THENCE South 89e46'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said
SWD;
THENCE South 88e05'18"West along the North line of that parcel of land described in said SWD
a distance of 54.55 feet to the POINT OF BEGINNING;
THENCE South Ole 14'46"East a distance of 541.50 feet to the South line of that parcel of land
described in said SWD;
THENCE South 88e58'48"West along said South line a distance of 15.00 feet;
THENCE North 01014'46"West a distance of 541.27 feet to said North line;
THENCE North 88e05'18"East along said North line a distance of 15.00 feet to the POINT OF
BEGINNING;
Said parcel contains 8,121 sq.ft.or 0.186 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to f my knowledge and belief.
O REG�r
o? A F
' - os
Steven A.L a . of King"Surveyors,Inc.
Colorado Regist fessional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208Vegal dmriptiom\TIMBERLINE-STAR-TEMP-CONST-LEGAL-DESC.doc
Last printed 4/15/2005 3:20 PM
TEMPORARYEASEMENT RUCTION EXHIBIT D TIMBERLINE
T 7NPE R ESS-LLC
II I
I I NORTHEAST CORNER EXHIBIT "D"
I I I POINT OFC. Page 6 of 10
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ZAr.NO.Y72WfIl
RING Sllh'T�'YORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENTONTERWEST
PHONEWWW.KI:
86-5 11 DWG:EXHIBIT-TIMBERLINE-STAR
DRAWN:MCD CHECKED:SAL
EXHIBIT "D"
Page 7 of 10
PROPERTY DESCRIPTION
Exhibit E-Timberline Star Properties,LLC
(1 of2)
A parcel of land,for Utility Easement purposes,being part of that parcel of land described in that
Special Warranty Deed(SWD)recorded December 22, 1994 as Reception No.94100658 of the
records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter
(NE1/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West
(R.68W.)of the Sixth Principal Meridian(6th P.M.),City of Fort Collins,County of Larimer,State
of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEIA as bearing South 00*13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00°13'42"East along said East line a distance of 1924.08 feet;
THENCE South 89*46'18"West a distance of 57.25 feet to the beginning point of a curve,said
curve being non-tangent to aforesaid line,said point being the POINT OF BEGINNING;
THENCE along the arc of a curve which is concave to the East a distance of 40.99 feet,said curve
having a radius of 50022.50 feet,a central angle of 00°02'49"and a long chord bearing South
00°58'27"East a distance of 40.99 feet;
THENCE South 89000129"West along a line being non-tangent to aforesaid curve a distance of
20.00 feet;
THENCE North 00058'2T'West a distance of 41.00 feet;
THENCE North 89°02'36"East a distance of 20.00 feet to the POINT OF BEGINNING;
Said parcel contains 820 sq.ft.or 0.019 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of my knowledge and belief.
o REG/
ZO s
Steven A.Lun g Surveyors,Inc.
Colorado Registers
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:20D4208
M:\2004208*0 dwmip[ions\TRABERLINE-STAR-UTIUTY-N-LEGAL-DESC.doc
Last printed 4/152005 3:21 PM
UTILITY EASEMENT EXHIBIT E I. PROPE RTIES,LLC
II I
NORTHEAST CORNER EXHIBIT "D"
11 l SEC.
q iT1OF COMMENCEMENT Page 8 of 10
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BtY:NO.Y7CK7J// I I I
1YING Sllld!'�'YORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CUENT:INTERWEST
WWW.KINGSURVEYORS.COM DWG:EXHIBiT_TIMBERUNE-STAR
DRAWN:MCD CHECKED:SAL
EXHIBIT "D"
Page 9 of 10
PROPERTY DESCRIPTION
Exhibit F-Timberline Star Properties,LLC
(1 oft)
A parcel of land,for Utility Easement purposes,being part of that parcel of land described in that
Special Warranty Deed(SWD)recorded December 22, 1994 as Reception No.94100658 of the
records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter
(NE1/4)of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West
(R.68W.)of the Sixth Principal Meridian(6"P.M.),City of Fort Collins;County of Latimer,State
of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEIA as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 2077.19 feet;
THENCE South 89*46'18"West a distance of 55.09 feet to the beginning point of a curve,said
curve being non-tangent to aforesaid line,said point being the POINT OF BEGINNING;
THENCE along the arc of a curve which is concave to the East a distance of 12.00 feet,said curve
having a radius of 50022.50 feet,a central angle of 00000'49"and a long chord bearing South
01007'59"East a distance of 12.00 feet;
THENCE South 88°54'17"West along a line being non-tangent to aforesaid curve a distance of
56.00 feet;
THENCE North 01005'43"West a distance of 12.00 feet;
THENCE North 88054'17"East a distance of 55.99 feet to the POINT OF BEGINNING;
Said parcel contains 672 sq.ft.or 0.015 acre,more or less(i:),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best knowledge and belief.
_p0 RFG�T
°: A
.Steven A.Lun g Surveyors,Inc.
Colorado Registe ronal
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
MA2004208Vegal descriptions\TIMBERLINE-STAR-UTE.l71-S-LEGAL-DESC.doe
Last printed 4/15/2005 3:22 PM
BER
UTILITY EASEMENT EXHIBIT F pM NE34USEC 19, T.7NPE R.68W.LLC
I I I NORTHEAST CORNER EXHIBIT "D"
I I POINT OF COMMENCEMENT Page 10 of 10
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"AW Sb)r?Vs'YORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:
LIDATE: :INTE /2005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E HIBIT TIMB
WWW.KINGSURVEYORS.COM DWG:N:MC T_TI CHECKED:
SA STAR
DRAWN:MCD CHECKED:SAL
EXHIBIT "E"
Page 1 of 4
PROPERTY DESCRIPTION
Exhibit A-Western Slope Gas Company
(1 oft)
A parcel of land,for Timberline Road Right-Of-Way,being part of that parcel of land described in
that Warranty Deed(WD)recorded September 12, 1980 in Book 2069 at Page 866 of the records of
the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter(NEl/4)
of Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the
Sixth Principal Meridian(6"P.M.),City of Fort Collins,County of Larimer,State of Colorado,and
being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 19 and assuming the East line of said
NEl/4 as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013142"East along said East line a distance of 1162.80 feet;
THENCE South 89046'18"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said WD,
said point also being the POINT OF BEGINNING;
THENCE South 00013'42"East along said West ROW and along the East line of that parcel of
land described in said WD a distance of 75.00 feet to the Southeast comer of that parcel of land
described in said WD;
THENCE South 89*46'18"West along the South line of that parcel of land described in said WD a
distance of 82.40 feet to the beginning point of a curve,said curve being non-tangent to aforesaid
line;
THENCE along the arc of a curve which is concave to the West a distance of 75.02 feet,said curve
having a radius of 13929.50 feet,a central angle of 00*18'31"and a long chord bearing North
01026'36"West a distance of 75.02 feet to the North line of that parcel of land described in said
WD;
THENCE North 89046'18"East along said North line,said line being non-tangent to aforesaid
curve,a distance of 83.99 feet to the POINT OF BEGINNING;
Said parcel contains 6,237 sq.ft.or 0.143 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best of ledge and belief.
o�O R a.-cG/Sr,
F11 9
_ _ os
S
Steven A.Lund -on b urveyors,Inc.
Colorado Registered Professions
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208\1egal descriptions\WESTERN-SLOPE-GAS-ROW-LEGAL-DESC.doc
Last printed 4/15/2005 3:18 PM
RIGHT-OF-WAY EXHIBIT A WESTERN SLOPE GAS COMPANY
EXHIBIT "E" NE74 SEC. 19, T.7N., R.68W.
Page 2 of 4 (2 OF 2)
II I NORTHEAST CORNER
SEC. 19, T.7N., R.68W.
7IYEC/JYOi'FOM'CR!/NJ' I I I _ Ti
POINT OF OOMMENCEMENT
aa�risrzr�cJrcr I I I
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EASEMENT 'FOR PUBLIC USE'
4' QWEST EASEMENT FOR A I I I O i
FIBER OPTIC LINE. (REC#2000082366) 41
II I m I I
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II I
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II I I EAST QUARTER CORNER
SEC. 19, T.7N., R.68W.
II I I
CURVE TABLE
CURVE LENGTH RADIUS 1 DELTA I CHORD CHBEARING
C1 Muz 113929.50-10035-31- 10 ' I N 1' 6' 6'
LINE TABLE
LINE BEARING LENGTH
L1 8 '46' 'W 30. '
L2 00 '4 'E S.
L3 . 6.1 1Y
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REG
50 25 0 50 c� -�
=y�-�—� Steven A. Lu of King Surveyors, Inc.
1"= 50' Colorado Registe nd Surveyor #34995
"VY SbrRYJE'YORS, INC. PROJECT N0:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE-04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CUENT:INTERWEST
WWW.KINGSURVEYORS.COM DWG:EXHIBIT-WEST-SLOPE-GAS
DRAWN:MCD CHECKED:SAL
EXHIBIT "E"
Page 3 of 4
PROPERTY DESCRIPTION
Exhibit B-Western Slope Gas Company
(1 oft)
A parcel of land,for Slope Easement purposes,being part of that parcel of land described in that
Warranty Deed(WD)recorded September 12, 1980 in Book 2069 at Page 866 of the records of the
Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter(NEI/4)of
Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R68 W.)of the
Sixth Principal Meridian(6's P.M.),City of Fort Collins,County of Larimer,State of Colorado,and
being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NE 1/4 as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 000 13'42"East along said East line a distance of 1162.80 feet;
THENCE South 89046'l8"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of
Timberline Road,said point being the Northeast comer of that parcel of land described in said WD;
THENCE continuing South 89*46'18"West along the North line of that parcel of land described in
said WD a distance of 83.99 feet to the POINT OF BEGINNING,said point being the beginning
point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the West a distance of 75.02 feet,said curve
having a radius of 13929.50 feet,a central angle of 0098'31"and a long chord bearing South
01*26'36"East a distance of 75.02 feet to the South line of that parcel of land described in said
WD;
THENCE South 89046'18"West along said South line,said line being non-tangent to aforesaid
curve,a distance of 47.60 feet to the Southwest comer of that parcel of land described in said WD;
THENCE North 00*13'42"West along the West line of that parcel of land described in said WD a
distance of 35.09 feet;
THENCE North 89046'18"East a distance of 39.77 feet;
THENCE North 01°26'36"West a distance of 39.92 feet to said North line;
THENCE North 89°46'18"East along said North line a distance of 7.08 feet to the POINT OF
BEGINNING;
Said parcel contains 1,943 sq.ft.or 0.045 acre,more or less(t),and is subject to any rights-of-way
or other casements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the knowledge and belie
f.
ttEG�
o'.jFJ1 A • )
Steven A.LundF&King Surveyors,Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
.. - Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208\legsl descriptions\WESTERNSLOPE-GAS-SLOPE-LEGAL-DESC.dm
Lest printed 4/15/2005 3:18 PM
,; SLOPE EASEMENT EXHIBIT B WESTERN SLOPE GAS COMPANY
EXHIBIT E NEY4 SEC. 19, T.7N., R.68W.
Page 4of4 (2OF2) II I I 1 1
II I (NORTHEAST CORNER
I I SEC. 19, T.7N., R.68W.
II POINT OF COMMENCEMENT
BLYJ.f/J'DP9GEQ7 I I I
.f6FNO.XV17 I I
IL
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I I I 00 I I
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POINT OF BEgNNINC I m
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to
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XY CITY OF FORT COI11NS w I I
EASEMENT 'FOR PUBUC USE' I mLL
I I
4' OWEST EASEMENT FOR A II I I O I
FIBER OPTIC UNE. (REC#2000082366)� I I ih
II I m I I
30' R.O.W. I I
II F_J
II I
II I
II I I
II I I II I
II I
I I I EAST QUARTER CORNER
SEC. 19. T.7N., R.68W.
II I
II I I
CURVE TABLE
CURVE LENGTH RADIUS I DELTA CHORD CH BEARING
C7 I 7 . 9. 0' 00'18'31' 7 . 1'
LINE TABLE
LINE BEARING LENGTH
L7 S89'46'18'W 30.00'
L4 8 '46'18'
LS '46' 47. '
L6 NOO'13'4 'W 9'
L7 39.77'
LB 1 6'36'W 3 .9 '
L9 7. '
ORE
50 25 0 50 ~•2
Steven A. Lu of King Surveyors, Inc.
1•= 50'
Colorado Registe nd Surveyor #34995
KING SbrRV 'YOBS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT*
LIDATE: *INTE/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E:INTERWEST
WWW.KINGSURVEYORS.COM DWG:N:MC T_WEST—SLOPE—GAS
DRAWN:MCD CHECKED:SAL .
EXHIBIT "F"
Page 1 of 11
PROPERTY DESCRIPTION
Exhibit A-Calvin C.&Lois M.Johnson
(1 of2)
A parcel of land,for Timberline Road Right-Of-Way,being part of that parcel of land described as Parcel 1
in that Quit Claim Deed(QCD)recorded November 9, 1987 as Reception No.87063756 of the records of
the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter(NEl/4)of Section
Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal
Meridian(66 P.M.),City of Fort Collins,County of Larimer,State of Colorado,and being more particularly
described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said NE1/4 as
bearing South 00013'42"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North
Zone,North American Datum 1983/92,a distance of 2652.25 feet with all other bearings contained herein
relative thereto:
THENCE South 00013'42"East along said East line a distance of 734.35 feet;
THENCE South 89046'18"West a distance of 30.00 feet to the POINT OF BEGINNING,said point being
the Southerly comer of said Parcel 1,said point also being the intersection of the Westerly Right-Of-Way
(ROW)of Timberline Road and the Easterly ROW of the Great Western Railway of Colorado(GWRC),
said point also being the beginning point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the Northeast a distance of 86.07 feet,said curve
having a radius of 2814.94 feet,a central angle of 01 045'07"and a long chord bearing North 3703l'08"
West a distance of 86.06 feet;
THENCE North 04022'41"West along a line being non-tangent to aforesaid curve a distance of 125.65 feet
to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the East a distance of 16 1.18 feet,said curve having a
radius of 2182.00 feet,a central angle of 040 13'56"and a long chord bearing North 02015'43"West a
distance of 161.14 feet to a Point of Tangency(PT);
THENCE North 00"08'45"West a distance of 91.87 feet to the Southerly line of that parcel of land
described in that Warranty Deed(WD)recorded November 29,1984 in Book 2300 at Page 1103 of the
records of the LCCR;
The following Four(4)courses and distances are along said Southerly line:
THENCE North 80000'33"East a distance of 34.60 feet;
THENCE South 07"10'54"East a distance of 168.85 feet;
THENCE South 00°13'42"East a distance of 150.00 feet;
THENCE North 89046'l8"East a distance of 12.28 feet to said Westerly ROW;
THENCE South 00013'42"East along said Westerly ROW a distance of 134.96 feet to the POINT OF
BEGINNING;
Said parcel contains 20,212 sq.ft.or 0.464 acre,more or less(>_),and is subject to any rights-of-way or
other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge and belief. pO He;,4,<..
4.�y{�ypa5��^;,
Steven A.Lund -on behalf of King
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\200420BVegal docriptiom\YOHNSON-ROW-LEGAL-DESC.doc
Lest printed 4/152005 3:15 PM
CALVIN C. & LOIS M. JOHNSON
EXHIBIT "F" RIGHT—OF—WAY EXHIBIT A I NFY4 SEC. 19, T.7N., R.68W.
Page 2 of 11 j (2 OF 2) NORTHEAST CORNER '
7iY6C//YOFFOrPTCOVINJ' SEC. 19, T.7N., I I
BOO.>•I3CGP.IGE//03 POINT OF COMMENCEMENT
L3 I I k
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U m`•1!3 BEGINNING EAST QUARTER CORNER
C SEC, 19, UN., R.66W.
0�' tE1JA.�``g, I I I I
50 25 0 50 '
Steven A. eholf of King Surveyors, Inc.
Colorado Registered Land Surveyor #34995
1"= 50'
"MY SMRA'YO", INC. PROJECT 140:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:INTERWEST
WWW.KINGSUR VEYORS.COM DWG:EXHIBIT_JOHNSON
DRAWN:MCD CHECKED:SAL
EXHIBIT "F"
Page 3 of 11
PROPERTY DESCRIPTION
Exhibit B-Calvin C.&Lois M.Johnson
(I of2)
A parcel of land,for Drainage Easement purposes,being part of that parcel of land described as Parcel 1 in that Quit
Claim Deed(QCD)recorded November 9,1987 as Reception No.87063756 of the records of the Larimer County
Clark and Recorder(L.CCR)and being part of the Northeast Quarter(NEI/4)of Section Nineteen(19),Township
Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(61°P.M.),City of Port Collins,
County of Larinter,State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said NEIA as bearing South
00013'42"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American
Datua 1993/92,a distance of 265225 feet with all other bearings contained herein relative thereto:
THENCE South 00"13'42"Ent along said East line a distance of 734.35 feet;
THENCE South 89046'18"War a distance of 30.00 feet to the Southerly comer of said Parcel 1,said point also being
the intersection of the Westerly Right-Of-Way(ROW)of Timberline Road and the Easterly ROW of the Great Western
Railway of Colorado(OWRC),said point also being the beginning point of a curve,said curve being non-tangent to
aforesaid line;
THENCE along the arc of a curve which is concave to the Northeast a distance of 86.07 fat,said curve having a radius
of 2814.94 feet,a central angle of 01*45'0T'and a long chord bearing North 37*3ITS"West a diatom of 86.06 feel;
THENCE North 04"22'41"West along a line being non-tangent to aforesaid curve a distance of 52.46 feet to the
POINT OF BEGINNING;
THENCE South 5 V13'23"West a distance of 23.38 feet
THENCE North 38046'37"West a distance of20.00 feet;
THENCE North 51013'23"East a distance of 34.66.fat
THENCE North 04°15'23"West a distance of 40.39 feet
THENCE North 48029'27"West a distance of 30.02 feet;
THENCE North 41°30'33"Ent a distance of 28.29 feet;
THENCE North 13*04'11"West a distance of 74.26 feet
THENCE North 26033'57"West a distance of 131.58 feet;
THENCE North 00°08'45"West a distance of 18.79 feet to the Southerly line of that petal of land described in that
Warranty Dad(WD)recorded November 29,1984 in Book 2300 at Page 1103 of the records of the LCCR;
THENCE North 80000'33"East along avid Southerly line a distance of 60.71 fat
THENCE South 00°08'45"East a distance of 104.62 feet
THENCE South 26033'5T'East a diatom of 32.89 fat to the beginning point of a curve,mid curve being non-tangent
to aforesaid line; -
THENCE along the are of a curve which is concave to the East a distance of 116.51 feet,said curve having a radius of
2182.00 fat,a central angle of 03003'33"and a long chord bearing South 02050'54"East a distance of 116.49 feet to a
Point of Tangency(PT);
THENCE South 04022'41"East a distance of 73.19 feet to the POINT OF BEGINNING;
Said parcel contains 7.310 sq.ft.or 0.168 acre,more or den(t),and is subject to any rights-of-way or other easements
of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge
and belief. ��p02
G.�yio m
��qq(pZp� -
`E-ZO� S
.. Steven A.Load -AWMK eyors,Inc.
Colorado Registered P
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
_ Windsor,Colorado 80550
(970)686.5011
JN:2004208
MA200420 Negal deecriptiousUGHNSON-DRAINAGE-LEGAL.DESC.dco
Last printed 4/152005 3:16 PM
EXHIBIT "F" DRAINAGE EASEMENT EXHIBIT B CALVIN C. & LOIS M. JOHNSON
N[Y4 SEC. 19, T.7N., R.68W.
Page 4 of 11 / (Z OF 2) NORTHEAST CORNER '
THEC//TOP,,afFCOILNB `` SEC. 19, UK. R.66W.
POI
BGbf'I.hroP,ICE//¢l POINT OF COMMENCEMENT
I I �
�14 I--}1I-
0 I I I
(ADRAINAGE O
Co EASEMENT Co
7,316sq ft - I
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3 I l
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Oq F . m ce a®• i EXISTING
30' R.O.W.
W o I
X Y paT -
F m N Y
0 e ZZ Z w L1 I
,o n p a o-n n 7*n n EAST QUARTER C R EF
�CS3 J�JJJJ��D7 nn RE SEC. 19, L7N., R.66W.
Fj c,o G/Sr
o.ti EjyQ�.
50 25 0 50
—1 Steven A. ehalf of King Surveyors, Inc.
1"= 50' Colorado Regis ered Land Surveyor #34995
"MY SURVffYOR.S, ING: PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
.. EST
PHONE: (970) 685-5011 FAX: (970) 686-5821 CLIENT: IBIT JOH
WWW.KINGSURVEYORS.COM DWG:EXHIBIT—JOHNSON
DRAWN:MCD CHECKED:SAL
EXHIBIT "F"
Page 5 of 11
PROPERTY DESCRIPTION "
Exhibit C-Calvin C.&Lois M.Johnson
(1 of3)
A parcel of land,for Slope Easement purposes,being part of that parcel of land described as Parcel 1 in that Quit Claim
Deed(QCD)recorded November 9,1987 as Reception No.87063756 of the records of the Latimer County Clerk and
Recorder(LCCR)and being part of the Northeast Quarter(NEI/4)of Section Nineteen(19),Township Seven North
(T.7N.),Range Sixty-eight West(R68W.)of the Sixth Principal Meridian(6a P.M.),City of Fort Collins,County of
- Latimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the Ent line of said NEl/4 as bearing South
00013'42"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American
Datum 1983192,a distance of 2652.25 feet with all other bearings contained herein relative thereto:
THENCE South 00°13'42"East along said Feet line a distance of 734.35 feet;
THENCE South 89046*18"West a distance of30.00 fat to the Southerly comer of said Parcel 1,said point also being
the intersection of the Westerly Right-Of-Way(ROW)of Timberline Road and the Easterly ROW of the Great Western
Railway of Colorado(GWRC),said point also being the beginning point of a curve,said curve being non-tangent to
aforesaid line;
THENCE along the are of a curve which is concave to the Northeast a distance of 86.07 feet,said curve having a radius
of 2814.94 feet,a central angle of 01045'07"and a long chord bearing North 37031'08"West a distance of 86.06 fat
to the POINT OF BEGINNING;
THENCE continuing along the am of a curve which is concave to the Northeast a distance of 18.49 feet,said curve
having a radius of 2814.94 feet,a central angle of 00022'35"and a long chord bearing North 36027'1T'Wet a
distance of 18.49 feet;
THENCE North 05000'00"West along a line being non-tangent to aforesaid curve a distance of 53.91 fat;
THENCE North 51"13'23"East a distance of 10.20 feet;
THENCE North 04*15'23"West a distance of 16.39 feet;
THENCE North 28000'00"West a distance of 22,24 feet;
THENCE North 05°00'00"West a distance of 50.08 feet
THENCE North 12"00'00"West a distance of 83.58 fcet
THENCE North 67°00'00"West a distance of 32.35 fat
THENCE North 00-00'00"West a distance of 26.46 fat;
THENCE North 66-00'00"East a distance of 26.58 feet
THENCE North 12°00'00"West a distance of 79.13 fat to the Southerly line of that parcel of land described in that
Warranty Dad(WD)recorded November 29,1984 in Book 2300 at Page 1103 of the records of the LCCR,
THENCE North 80000'33"East along said Southerly line a distance of 47.62 feet;
THENCE South 00008'45"East a distance of 91.87 fat to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the East a distance of 161.18 feet,said curve having a radius of
2182.00 fat,a antral angle of 04013'56'and a long chord bearing South 02015'43"East a distance of 161.14 feet to a
Point of Tangency(PT);
THENCE South 04°22'41"East a distance of 125.65 feet to the POINT OF BEGINNING;
Said parcel contains 8,517 sq.R in 0.196 acre,more or less(t),and is subject to my rightaof--way or other easements
of record or as now existing on said described parcel of Ind.
SURVEYOR'S CERTIFICATE
I.Steven A.Lord,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking,and that it is hue and correct to the bet of my knowledge
and belief.
OQ*�FNA
s
Steven A.Lund -o Sifiveyors,Inc.
Colorado Registered
Land Surveyor#34995
RUNG SURVEYORS,INC.
9299 Eastman Pak Drive
Windsor,Colorado 80550
(970)686-50I1
IN:2004208
M:12004208Uega1 decriptionsVOHNSON-SLOPE-LEGAL-DESC.doc
Last printed 4/152005 3:16 PM
OHNSON
EXHIBIT"F SLOPE EASEMENT EXHIBIT C CALVIN C. & L NEYa SEC. 19,, T.7N., .68W.M. JR.68W.
Page 6 of 11 / (2 OF 3) NORTHEAST CORNER'
THBC!/YOFFR4lCOVlNJ' SEC. 19, MMEN EMENT
BOO.PZ9Q7F.1GB//C[i POINT OF COMMENCEMENT I I�
L25 I I 1
I
II
II
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I I I
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ZZ N EASEMENT
8,517aq.Jt. I N I I I
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MIDPOINT
N 5
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L21 I in I Li
L20 N I i
L19
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In
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CJ�
00 CAP Ius
( m
SEE SHEET OF 3 FOR
LINE & CURVE TABLES POINT OF I EXISTING
X BEGINNING 30' R 30' R.O.W.
I
I
I
PZ
u I
EAST QUARTER CORNEA
p REp�, SEC. 19, T.7N., R.68W.
�°••-•A,
Q . `
S
50 25 0 50
Stevan A Behalf of King Surveyors, Inc.
Colorado Registered Land Surveyor #34995
KING S&.rRV 'YOIIS, INC. PROJECT NO:2004208
' 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIDATE: :INTE/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT HIBIT—JO T
WWW.KINGSURVEYORS.COM DWG:N:MC T_JOHNSON
DRAWN:MCD CHECKED:SAL
C.
LOIS M.
SLOPE EASEMENT EXHIBIT C NLFY4NSEC.&19, T.7N.,JR 68W.N
(3 OF 3)
EXHIBIT ' F"
Page 7 of 11
LINE TABLE
LINE BEARING LENGTH
L1 S89'4 ' • 0.0 '
L2 '08' • 7'
L18 NO '00• .9 '
L19 N51'13' 3• 10 0'
L20 04 ' 3• 16
L21 'm. •W 4'
L22 NOS'0 '00•W 0.0
L23 m 'nn-w
L24 N •W Y
L25
L28 N
L28 N q ' p
_ CURVE TABLE
CURVE LENGTH I RADIUS DELTA CHORD CH BEARING
- Ct 1 6 4 4' 01'4 ' 7• 3T 1'0
C2 16L1B' 1 2.0 ' 04 'S6• 161 4' SO 3•
C4 18.4 ' 14. 00' '35• 1 36 •W
C 0,:Ale
J m
Steven A. L alf of King Surveyors, Inc.
Colorado Registered Land Surveyor #34995
G S llRORS,, INC. PROJECT N0:2004208
ASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:INTERWEST
WWW.KINGSURVEYORS.COM DWG:EXHIBIT_JOHNSON
DRAWN:MCD CHECKED:SAL
EXHIBIT "F"
Page 8 of 11
PROPERTY DESCRIPTION
Exhibit D-Calvin C.&Lois M.Johnson
(l of4)
Two(2)parcels of land,for Temporary Construction Easement purposes,being parts of that parcel
of land described as Parcel I in that Quit Claim Deed(QCD)recorded November 9, 1987 as
Reception No.87063756 of the records of the Latimer County Clerk and Recorder(LCCR)and
being part of the Northeast Quarter(NEl/4)of Section Nineteen(19),Township Seven North
(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(e P.M.),City of Fort
Collins,County of Latimer,State of Colorado,and being more particularly described as follows:
PARCELI
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEIA as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 00013'42"East along said East line a distance of 734.35 feet;
THENCE South 89e46'18"West a distance of 30.00 feet to the Southerly comer of said Parcel 1,
said point also being the intersection of the Westerly Right-Of-Way(ROW)of Timberline Road
and the Easterly ROW of the Great Western Railway of Colorado(GWRC),said point also being
the beginning point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the Northeast a distance of 104.56 feet,said
curve having a radius of 2814.94 feet,a central angle of 02°07'42"and a long chord bearing North
37°19'50"West a distance of 104.55 feet to the POINT OF BEGINNING;
THENCE continuing along the arc of a curve which is concave to the Northeast a distance of 19.38
feet,said curve having a radius of 2814.94 feet,a central angle of 00°23'40"and a long chord
bearing North 36°04'09"West a distance of 19.38 feet;
THENCE North 05°00'00"West along a line being non-tangent to aforesaid curve a distance of
30.63 feet;
THENCE North 51°13'23"East a distance of 12.03 feet,said point hereinafter referred to as Point
- "A;"
THENCE South 05000'00"East a distance of 53.91 feet to the POINT OF BEGINNING;
Said South parcel contains 423 sq.ft.or 0.010 acre,more or less(t),and is subject to any rights-of-
way or other easements of record or as now existing on said described parcel of land.
PARCEL 2
COMMENCING at said Point"A;'
THENCE North 05000'00"West a distance of 42.53 feet to the POINT OF BEGINNING;
THENCE North 28e00'00"West a distance of 25.59 feet;
THENCE North 05°00'00"West a distance of 66.94 feet;
THENCE North 12000'00"West a distance of 33.54 feet;
THENCE North 67°00'00"West a distance of 39.87 feet;
THENCE North 00000100"West a distance of 39.58 feet;
THENCE North 66°00'00"East a distance of 24.98 feet;
THENCE North 12°00'00"West a distance of 71.38 feet to said Southerly line;
THENCE North 80e00'33"East along said Southerly line a distance of 10.01 feet;
THENCE South 12°00'00"East a distance of 79.13 fat;
THENCE South 66°00'00"West a distance of 26.58 feet;
THENCE South 00°00'W'West a distance of 26.46 feet;
O REG,l
Q.. ..... ..
o:�FJtA.4 9
M:\2004208\1co docriptiomVOHNSON-]TEMP-CONST-LEGAL-DESC,dw
Lest printed 4/15/2005 3:17 PM
EXHIBIT "F"
Exhibit D-Calvin C.&Lois M.Johnson Page 9 of 11
(2 of 4)
THENCE South 67000'00"East a distance of 32.35 feet;
THENCE South 12°00'00"East a distance of 83.58 feet;
THENCE South 05°00'00"East a distance of 50.08 feet to the POINT OF BEGINNING;
Said North parcel contains 2,580 sq.1 or 0.059 acre,more or less(t),and is subject to any rights-
of-way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best ledge and belief.
o cO'�r
5
Steven A.Lund -on "g Surveyors,Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208Vepl dmriptiom\JOHNSON-TEMRCONST-LEGAL-DESC.dw
Les[printed 4/15/2005 3:17 PM
TEMPORARY CONSTRUCTION CALVIN C. & LOTS M. JOHNSON
EXHIBIT "F EASEMENT EXHIBIT D NFY4 SEC. 19, T.7N., R.68W.
Page 10 of 11 ` j (3 OF 4) NORTHEAST CORNER'
SEC. 19. T.7N., R.68W. I I
11YEC//7'OFfO.P/'CO/fJNJ' POINT OF COMMENCEMENT /
BOO.1'Z�g7P.IGE//03 I I/
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CONSTRUCTON EASEMENT 1 11
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CONSTRUCTTONEASEMENT � .�PdNT "A' W I
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SEE SHEET 4 OF 4 FOR S PARCEL 1
LINE h CURVE TABLES I EXISTING
II' 'T 30' R.O.W. I
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EAST QUARTER CORNER
qtG/a SEC. 19. T.7N., R.68W.
�'- 5_ :: s
50 25 0 50
Steven A. Behalf of King Surveyors, Inc.
1"= 50' Colorado Registered Land Surveyor #34995
1TNG S&WffYORS, INC. PROJECT O:2005 08
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:INTERWEST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:EXHIBIT_JOHNSON
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
C.
LOIS M.
TEMPORARY CONSTRUCTION EXHIBIT D C NLFY4N SEC&19, T.N.,JR.68W.N EASEMENT
(4 OF 4)
EXHIBIT "F"
Page 11 of 11
LINE TABLE
LINE BEARING LENGTH
L7 8 '48'1 'W 30.00'
Lis S05'00'00' 53.91'
L22 05'00'00' .08'
L23 '00'00'E 83.5W
L24 S 7
L25 '00' "w
L26 6'00'00'w 6.58'
L27 SI 1 '
L29
L30 NO '00'00'W 30.63'
L31 N51'13'2 ' 1 .
L32 N 8'00' 'W
L33 05'0 '0 ' 4'
L34 N12 'W
L35 67'00'
L38 N
L37 N66'00100' 4.9 '
L38 Nt11,38
10,01'
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CH BEARING
C5 19. ' 814.94. 00 9. 38 -09-W
C6 104.56' 2814.94' 02'07'42' 104.55' 1 N37'19'50'W
REGr
50 25 0 50 ..
Steven A. Lund—On Leh of King Surveyors, Inc.
Colorado Registered Land Surveyor #34995
1"= 50'
U)Mr SllFFEYORS, INC. PROJECT NO:2004208
- 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CUENT:HISI
WWW.KINGSURVEYORS.COM DWG: T_
DRAWNN::MCT—JOH NSON
D CHECKED:SAL
EXHIBIT "G"
Page 1 of:10
PROPERTY DESCRIPTION
Exhibit A-Terry J.Keating
(1 of3)
A parcel of land,for Slope Easement purposes,being part of that parcel of land described in that Warranty
Deed(WD)recorded December 16, 1997 as Reception No.97084062 of the records of the Latimer County
Clerk and Recorder(LCCR),located in the Northeast Quarter(NE1/4)of Section Nineteen(19),Township
Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6a P.M.),City of
Fort Collins,County of Latimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said NEl/4 as
bearing South 00013'42"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North
Zone,North American Datum 1983/92,a distance of 2652.25 feet with all other bearings contained herein
relative thereto:
THENCE South 89000'21"West along the North line of said NEl/4 a distance of 420.22 feet;
THENCE South 00059'39"East a distance of 62.00 feet to the Southerly Right-Of--Way(ROW)of Prospect
Road,said point being the Northwest comer of that parcel of land described in said WD,said point also
lying on the Easterly ROW of the Great Western Railway of Colorado(GWRC),said point also being the
POINT OF BEGINNING;
The following Three(3)courses and distances are along said Southerly ROW and the Westerly ROW of
Timberline Road,said ROW also being the Northerly line of that parcel of land described in said WD:
THENCE North 89000'21"East a distance of 220.52 feet;
. THENCE South 80039'39"East a distance of 71.68 feet;
THENCE South 2r49'42"East a distance of 47.71 feet;
THENCE South 00050'47"East a distance of 2.85 feet to the Southeasterly line of that parcel of land
described in said WD;
THENCE South 51058'19"West along said Southeasterly line a distance of 47.57 feet;
THENCE North 00008'45"West a distance of 39.44 feet;
THENCE North 50055'35"West a distance of 33.43 feet;
THENCE South 88059'00"West a distance of 239.10 feet to said Easterly ROW of the GWRC,said point
being the beginning point of a curve,said curve being non-tangent to the aforesaid line;
THENCE along said Easterly ROW of the GWRC and along the arc of a curve which is concave to the
Northeast a distance of 28.11 feet,said curve having a radius of 2814.94 feet,a central angle of 0034'19"
. and a long chord bearing North 22'54'56"West a distance of 28.11 feet to the POINT OF BEGINNING;
Said parcel contains 8,830 sq.ft.or 0.203 acre,more or less(t),and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge and
REO�
i`
Steven A.Lund -on eyors,Inc.
Colorado Registered Pro e
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208\legal dwcriptiom\KEATING-SLOPE-LEGAL-DESC-RI.dec
Last printed 4/15/2005 3:12 PM
SLOPE EASEMENT EXHIBIT A TERRY J. KEATING
NEX SEC. 19, T.7N., R.68W.
BASIS OF BEARINGS: S0093'42"E 2652.25' EXHIBI
It Page 2 of 10
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Steven A. Lund King Surveyors, Inc.
Colorado Reg(stere Surveyor #34995
1"= 50'
KING SllldmYORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:0INTERW 005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT HIBIT KEA
WWW.KINGSURVEYORS.COM DRA N:MC T_KE CHECKED:
- DRAWN:MCD CHECKED:SAL
SLOPE EASEMENT
EXHIBIT A NE14 SECTER. 19, T.NTINR.68W.
(3 OF 3)
EXHIBIT"W'
Page 3 of 10
LINE TABLE
LINE BEARING LENGTH
L1 s
L2 S80'39' 9' 71.6 '
L3 S27'49'4 ' 47.71'
L4 S '47
L5 'S51'58'19'W 47.57'
L6 N00 '45'W 39.44'
L7 N50'5 5'W 4 '
CURVETABLE
CURVE LENGTH I RADIUS I DELTA I CHORD 1 CH BEARING
Cl 1 28.11' 1 2814,94100*34'19" 1 28.1 ' 1 N 2' 4'56'W
S A
S
Steven A. Lund— f King Surveyors, Inc.
Colorado Registered and Surveyor #34995
1YNG SURI'FYORS, INC PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIDAENT:IN15/2005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E HIBIT KEA
WWW.KINGSURVEYORS.COM DRA N:MC T_KE CHECKED:
DRAWN:MCD CHECKED:SAL
EXHIBIT &'G"
Page 4 of 10
PROPERTY DESCRIPTION
Exhibit B-Terry J.Keating
(1 of2)
A parcel of land,for Pedestrian Easement purposes,being part of that parcel of land described in
that Warranty Deed(WD)recorded December 16, 1997 as Reception No.97084062 of the records
of the Larimer County Clerk and Recorder(LCCR),located in the Northeast Quarter(NEl/4)of
Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68 W.)of the
Sixth Principal Meridian(6d P.M.),City of Fort Collins,County of Larimer,State of Colorado,and
being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said
NEIA as bearing South 00°13'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 89°00'21"West along the North line of said NEIA a distance of 420.22 feet;
THENCE South 00e59'39"East a distance of 62.00 feet to the Southerly Right-Of-Way(ROW)of
Prospect Read,said point being the Northwest comer of that parcel of land described in said WD,
said point also lying on the Easterly ROW of the Great Western Railway of Colorado(GWRC),
said point also being the beginning point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the are of a curve which is concave to the Northeast a distance of 206.98 feet,said
curve having a radius of 2814.94 feet,a central angle of 04012'47"and a long chord bearing South
24044'10"East a distance of 206.93 feet to the POINT OF BEGINNING;
THENCE North 63017'25"East along a line being non-tangent to aforesaid curve a distance of
62.59 feet;
THENCE North 75026'29"East a distance of 53.00 feet to the Southeasterly line of that parcel of
land described in said WD;
THENCE South 51°58'19"West along said Southeasterly line a distance of 116.38 feet to said
Easterly ROW of the GWRC,said point being the Southerly comer of that parcel of land described
in said WD,said point also being the beginning point of a curve,said curve being non-tangent to
aforesaid line;
THENCE along the arc of a curve which is concave to the Northeast a distance of 34.00 feet,said
curve having a radius of 2814.94 feet,a central angle of 00e41'31"and a long chord bearing North
27e 11'19"West a distance of 34.00 feet to the POINT OF BEGINNING;
Said parcel contains 2,293 sq.ft.or 0.053 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best o RE edge and belief.
GAT
=z5 S
Steven A.Lund -on eyors,Inc.
Colorado Registered Pro ional"
Land Surveyor#34995
JONG SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
MA2004208Vegal dc"ptiom\KEATING-PEDESTRIAN-RI-LEGAL-DESC.dm
Last printed 4115/2005 3:14 PM
PEDESTRIAN EASEMENT EXHIBIT B TERRY J. KEATING
NEY4 SEC. 19, T.7N., R.68W.
BASIS OF BEARINGS: S0013.42-E 2652.25' EXHIS
Page 5 of 1 oA
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1"= 50' Colorado Registered Land u eyor #34995
KING S11RIMMORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CIJENT:INTERWEST
WWW.KINGSURVEYORS.COM DWG:EXHIBIT—KEA7ING
DRAWN:MCD CHECKED:SAL
EXHIBIT "G"
Page 6 of 10
PROPERTY DESCRIPTION
Exhibit C-Terry J.Keating
(l of2)
A parcel of land,for Timberline Road Right-Of-Way,being part of that parcel of land described in
that Warranty Deed(WD)recorded December 16, 1997 as Reception No.97084062 of the records
of the Latimer County Clerk and Recorder(LCCR),located in the Northeast Quarter(NE 1/4)of
Section Nineteen(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the
Sixth Principal Meridian(6 h P.M.),City of Fort Collins,County of Latimer,State of Colorado,and
being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 19 and assuming the East line of said
NEIA as bearing South 00013'42"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983192,a distance of 2652.25 feet with
all other bearings contained herein relative thereto:
THENCE South 89000'21"West along the North line of said NE1/4 a distance of 420.22 feet;
THENCE South 00°59'39"East a distance of 62.00 feet to the Southerly Right-Of-Way(ROW)of
Prospect Road,said point being the Northwest corner of that parcel of land described in said WD,
said point also lying on the Easterly ROW of the Great Western Railway of Colorado(GWRC);
The following Three(3)courses and distances are along said Southerly ROW and the Westerly
ROW of Timberline Road,said ROW also being the Northerly line of that parcel of land
described in said WD:
THENCE North 89000'21"East a distance of 220.52 feet;
THENCE South 80°39'39"East a distance of 71.68 feet;
THENCE South 27049'42"East a distance of 47.71 feet to the POINT OF BEGINNING;
THENCE continuing South 27049'42"East along said Westerly ROW a distance of 2.31 feet to the
Easterly comer of that parcel of land described in said WD;
THENCE South 51e58'19"West along the Southeasterly line of that parcel of land described in
said WD a distance of 1.32 feet;
THENCE North 00050'47"West a distance of 2.85 feet to the POINT OF BEGINNING;
Said parcel contains 1.5 sq.ft.or 0.003 acre,more or less(t),and is subject to any rights-of-way or
other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the best mowledge and belief.
o�yEtt A.
5 S
Steven A.Lund - g Surveyors,Inc.
Colorado Registered tonal
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
MA20042Megal dwmiptiom\KEATING-ROW-LEGAL-DESC.dm
Last printed 4/152005 3:14 PM
TER
RIGHT—OF—WAY EXHIBIT C NFY4 SECR19, T ENTINR.68W.
1
BASIS OF BEARINGS: S00'13'42"E 2652.25' EXHIBIT
Page 7 of 10
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Steven A. Lund—On Be Surveyors, Inc.
1"= 50' Colorado Registered Land Surveyor #34995
SbRr PTY0",, ING: PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CUENDATE:0INTERW 005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E HIBIT KEA
DWG:EXHIBLT_KEATING
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
EXHIBIT "G"
Page 8 of 10
PROPERTY DESCRIPTION
Exhibit D-Terry J.Keating
(1 of 3)
A parcel of land,for Temporary Construction Easement purposes,being part of that pence)of land described in that
Warranty Dead(WD)recorded December 16,1997 as Reception No.97094062 of the records of the Larimer County
Clerk and Recorder(LCCR),located in the Northeast Quarter(NEl/4)of Section Nineteen(19),Township Seven
North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6a P.M.),City of Fort Collins,
County of Larimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Northeast comer of said Section 19 and assuming the East line of said NEl/4 as bearing South
00'13'42"East,being a(rid Bearing of the Colorado State Plane Coordinate System,North Zone,North American
Datum 1983192,a distance of 2652.25 feet with all other bearings contained herein relative thereto:
THENCE South 89"00'21"West along the North line of said NEIA a distance of 420.22 feet;
THENCE South 00'59'39"East a distance of 62.00 feet to the Southerly Right-Of-Way(ROW)of Prospect Road,said
point being the Northwest comer of that pmual of land described in mid WD,said point also lying on the Easterly
ROW of the Great Western Railway of Colorado(GWRC);
The following Three(3)causes and distances are along mid Southerly ROW and the Westerly ROW of Timberline
Road,said ROW also being the Northerly line of that parcel of land described in mid WD:
THENCE North 89"00'21"East a distance of 220.52 fee;
THENCE South 80039'39"East a distance of 71.68 feet;
THENCE South 27'49'42"East a distance of 47.71 feet;
THENCE South 00050'47"East a distance of 2.85 feet to the Southeasterly line of that parcel of land described in said
WD;
THENCE South 51058'19"Wag along said Southeasterly line a distance of 47.57 feet,mid point being the POINT
OF BEGINNING;
THENCE South 51058'19"West along mid Southeasterly line a distance of 19.00 feet;
THENCE North 00008'45"West a distance of 47.00 feet
THENCE North 44049'15"West a distance of 28.28 feet;
THENCE South 88059'00"West a distance of 228.00 feet to said Easterly ROW of the GWRC,said point being the
beginning point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the are of a curve which is concave to the Northeast a distance of 5.40 feat,said curve having a radius
of 2814.94 feet,a central angle of 00006'36"and a long chord bearing North 23°15'24"West a distance of 5.40 fat to
a point of departure from aforesaid curve;
THENCE Nora 88059'00"East along a line being non-tangent to aforesaid curve a distance of 239.10 feet;
THENCE South 50055'35"East a distance of 33A3 feet;
THENCE South 00008'45"East a distance of 39.44 feet to the POINT OF BEGINNING;
Said TCE contains 2,169 sq.ft or 0.050 acs,more or less(t),and is subject to any rights-of-way or other mein man s
of record or a now existing on said described parcels of land
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby sate that this Property Description
prepared under my envision and checking,and that it is true and correct to the bat of my knowledge
and belief. IRC-
S o�.4FN a
Steven A.Land -on eyora,Inc.
Colorado Registered Pmfcasso
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)696-5011
IN:2004208
- MA2004208Vega1 descriptions\KEATING-TEhe-CONST-LEGAL-DESC-RI.doc
Last printed 4/15/2005 3:13 PM
TERRY J.
TEMPORARY CONSTRUCTION EXHIBIT D NEY4 SEC. 19, T.NTIN
EASEMENT R.68W.
`1 BASIS OF BEARINGS: S00'13'42"E 2652.25' EXHIBI
Page 9 of 10
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1"= 50' rveyors, Inc.
Colorado Registered Land Sur r #34995
".4ro ' SUIZYEY0", INC. PROJECT N0:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
CLIEN
ST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:EHISIT—KEAT ING
WWW.KINGSURVEYORS.COM DRAWN:MCD CHECKED:SAL
TEWRORERY ASEM N T RUCTION EXHIBIT D TERRY J. KEATING
N,, SEC. 19, T.7N., R.68W.
(3 OF 3)
EXHIBIT"G'r
Page 10 of 10
LINE TABLE
LINE BEARING LENGTH
Li
LZ
L3 7.4 '
- .. L4 • '4
LS '19' 4 7'
L6 SO '45• 39. '
L7 '55'3 ' A
Le 44'49' 'W 8'
L9 00'0 ' 'W 47.0
L11 55P5 ' 'W 19.
CURVE TABLE
CURVE LENGTH RADIUS I DELTA I CHORD CH BEARING
C2 5.40' 2814.94' 00'0 ' ' '24'W
0 REG/`ST
S
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S
Steven A. Lund— King Surveyors, Inc.
Colorado Registered Land Surveyor #34995
ljMW SVRFffYORS, INC. PROJECT N0:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:INTERWEST
WWW.KINGSUR VEYORS.COM DWG:EXHIBIT—KEATING
DRAWN:MCD CHECKED:SAL
EXHIBIT "H"
Page 1 of 6
PROPERTY DESCRIPTION
Exhibit A-BMC Assets,Inc.
(I of2),
A parcel of land,for Timberline Road and Prospect Road Rights-Of-Way,being part of Lot One(1),
Prospect-Timberline P.U.D.,First Filing recorded February 13,1979 as Reception No.292965 of the
records of the Latimer County Clark and Recorder(LCCR),located in the Southwest Quarter(SW t/4)of
Section Seventeen(17),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth
Principal Meridian(66 P.M.),City of Fort Collins,County of Latimer,State of Colorado,and being more
particularly described as follows:
COMMENCING at the Southwest comer of said Section 17 and assuming the West line of said SW 1/4 as
bearing North 00°08'45"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North
Zone,North American Datum 1983/92,a distance of 2652.33 feet with all other bearings.contained herein
relative thereto:
THENCE North 00008'45"West along said West line a distance of 113.07 feet;
THENCE North 89051'15"East a'distance of 6.00 feet to the East Right-of-Way(ROW)of said Timberline
Road,said point being the POINT OF BEGINNING;
THENCE continuing North 89051'15"East a distance of 5.00 feet;
- THENCE South 00008'45"East along a line 5.00 feet East of and parallel with said East ROW a distance of
11.05 feet;
THENCE South 53°54'30"East a distance of 23.78 feet;
THENCE North 80048'09"East a distance of 3.00 feet
THENCE South 09008'38"East a distance of 7.74 feet to the beginning point of a curve,said curve being
non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the North a distance of 40.26 feet,said curve having
a radius of 2276.00 feet;a central angle of 01000'49"and a long chord bearing North 80028'22"East a
distance of 40.26 feet to a Point of Reverse Curvature(PRC);
THENCE along the arc of a curve which is concave to the South a distance of 30.86 feet,said curve having
a radius of 108.00 feet,a central angle of 16022'16"and a long chord bearing North 88009'06"East a
distance of 30.75 feet to a PRC;
THENCE along the arc of a curve which is concave to the North a distance of 25.06 feet,said curve having
a radius of 93.00 feet,a central angle of 15026'l6"and a long chord bearing North 88037'W'East a
distance of 24.98 feet to the North ROW of said Prospect Road;
The following Three(3)courses and distances are along said North ROW and said East ROW:
THENCE South 79°47'45"West along a line being non-tangent to aforesaid curve a distance of 95.90 feet
to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the Northeast a distance of 43.66 feet,said curve
having a radius of 25.00 feet,a central angle of 100°03.'31"and a long chord bearing North 50°10'30"West
a distance of 38.32 feet to a Point of Tangency(PT);
THENCE North 00008'45"West a distance of 16.40 feet to the POINT OF BEGINNING;
Said parcel contains 1,173 sq.ft.or 0.027 acre,more or Leas(t),and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
1,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge an
PPpp REG�,r
o;•�pj4a( 9
1 =ZD S
Steven A.Lund -o on,Inc.
Colorado Registered
Land Surveyor#34995
EING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
IN:2004208
M:t2004208Vegal descriptionslBMC-ROW-LEGAL-DESC.doc .
Last printed 4/15/2005 3;10 PM
„ „ RIGHT-OF-WAY EXHIBIT A BMC ASSETS, INC.
EXHIBIT H swY4 SEC. n, T.7N., RsBw.
Page 2 of 6 l 1 1
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50 25 0 50 2_
Steven A. If of King Surveyors, Inc.
1`= 50' Colorado Re and Surveyor #34995
RING SO TTYORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, .CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:INTERWEST
DWG:EXHIBIT-BMC
WWW.KINGSURVEYORS.COM
DRAWN:MCD CHECKED:SAL
EXHIBIT "H"
Page 3 of_6
' PROPERTY DESCRIPTION w
Exhibit B-BMC Assets,Inc.
(l of 2)
A parcel of land,for Temporary Construction Easement purposes,being part of Lot One(1),Prospect-
Timberline P.U.D.,First Filing recorded February 13,1979 as Reception No.292965 of the records of the
Latimer County Clerk and Recorder(LCCR),located in the Southwest Quarter(SW 1/4)of Section
Seventeen(17),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal
Meridian(e P.M.),City of Fort Collins,County of Latimer,State of Colorado,and being more particularly
described as follows:
COMMENCING at the Southwest comer of said Section 17 and assuming the West line of said S W IA as
bearing North 00008'45"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North
Zone,North American Datum 1983/92,a distance of 2652.33 feet with all other bearings contained herein
relative thereto:
THENCE North 00008'45"West along said West line a distance of 113.07 feet;
THENCE North 89051'15"East a distance of 11.00 feet;
THENCE South 00008'45"East along a line 5.00 feet East of and parallel with the East Right-of-Way
(ROW)of Timberline Road a distance of 5.57 feet,said point being the POINT OF BEGINNING;
THENCE North 89051'15"East a distance of 126.26 feet;
THENCE South 00008'45"East a distance of 17.37 feet to the North ROW of Prospect Road;
THENCE South 79047'45"West along said North ROW a distance of 7.58 feet to the beginning point of a
curve,said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the North a distance of 25.06 feet,said curve having
a radius of 93.00 feet,a central angle of 15026'l6"and a long chord bearing South 88037'06"West a
distance of 24.98 feet to a Point of Reverse Curvature(PRC);
THENCE along the arc of a curve which is concave to the South a distance of 30.86 feet,said curve having
a radius of 108.00 feet,a central angle of 16022'16"and a long chord bearing South 88009'06"West a
- distance of 30.75 feet to a PRC;
THENCE along the arc of a curve which is concave to the North a distance of 40.26 feet,said curve having
a radius of 2276.00 feet,a central angle of 01000'49"and a long chord bearing South 80028'22"West a
- distance of 40.26 feet;
THENCE North 09°08'38"West along aline being non-tangent to aforesaid curve a distance of 7.74 feet;
THENCE South 80048'09"West a distance of 3.00 feet;
THENCE North 53°54'30"West a distance of 23.78 feet to a point being 5.00 feet East of,as measured at a
right angle,said East ROW;
THENCE North 00008'45"West along a line 5.00 East of and parallel with said East ROW a distance of
5.48 feet to the POINT OF BEGINNING;
Said parcel contains 2,463 sq.ft.or 0.057 acre,more or less(t),and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge anCbeb "�
VMS
S S
Steven A.Lund -on behalf ohs,Ina
Colorado Registered Professional -
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
IN:2004208
M:\2004206Uegal dmcriptions\BMC-TEMP-CONST-LEGAL-DESC.doc
Last printed 4/15/2005 3:11 PM
TEMPORARY CONSTRUCTION BMC ASSETS, INC.
EXHIBIT "H" EASEMENT EXHIBIT B SNO4 SEC. 17, T.7N., R.68W.
Page 4 of 6 1 I
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Steven A. LN
0 eh0 f of King Surveyors, Inc.
1"_ Sp'
Colorado Registere Land Surveyor #34995
"MY S'fjf�Y1 'FOWS, -61M PROJECT 140:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
PHONE: (970) 686-5011 FAX: (970) 686-5521 CLIENT:INTERWEST
DWG:EXHIBIT—BMC
WWW.KINGSURVEYORS.COM
DRAWN:MCD CHECKED:SAL
EXHIBIT "H"
Page 5 of 6
PROPERTY DESCRIPTION
Exhibit C-BMC Assets,Inc.
(1 of 2)
A parcel of land,for Utility Easement purposes,being part of Lot One(1),Prospect-Timberline P.U.D.,First
Filing recorded February 13, 1979 as Reception No.292965 of the records of the Latimer County Clerk and
Recorder(LCCR),located in the Southwest Quarter(S W I/4)of Section Seventeen j17),Township Seven
North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6 P.M.),City of Fort
Collins,County of Latimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Southwest comer of said Section 17 and assuming the West line of said S W I/4 as
bearing North 00008'45"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North
Zone,North American Datum 1983/92,a distance of 2652.33 feet with all other bearings contained herein
relative thereto:
THENCE North 00008'45"West along said West line a distance of 113.07 feet;
THENCE North 89°51'15"East a distance of 11.00 feet;
THENCE South 00*08'45"East along a line 5.00 feet East of and parallel with the East Right-of-Way
(ROW)of Timberline Road a distance of 11.05 feet;
THENCE South 53054'30"East a distance of 23.78 feet;
.. THENCE North 80048'09"East a distance of 3.00 fat to the POINT OF BEGINNING;
THENCE North 80°51'22"East a distance of 10.00 feet;
THENCE South 09°08'38"East a distance of 7.74 feet to the bbginning point of a curve,said curve being
non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the North a distance of 10.00 feet,said curve having
a radius of 2276.00 feet,a central angle of 00015'06"and a long chord bearing South 80051'14"West a
distance of 10.00 feet;
THENCE North 09008'38"West along a line being non-tangent to aforesaid curve a distance of 7.74 feet to
the POINT OF BEGINNING;
Said parcel contains 77 sq.ft.or 0.002 acre,more or less(3),and is subject to any rights-of-way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
1,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
but of my knowledge t
Grp•..--.rG`/,S`T
C v''�pF.MBA
Steven A.Lund -on urveyors,Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:\2004208\legal descriptions\BMC-UTILITY-LEGAL-DESC.doe
Last printed 4/15/2005 3:11 PM
UTILITY EASEMENT EXHIBIT C SEC ASSETS, INC.
EXWIBIT"H" SWY4 SEC. 17, T.7N., R.68W.
Page 6 of 6 i 1
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34
50 25 0 50 ^• .a.�'"° Z
Steven A. Lu If of King Surveyors, Inc.
1"= 50' Colorado Registered Land Surveyor #34995
KING SMUEYORS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
CLIENTPHONE: (970) 686-5011 FAX: (970) 686-5821 E:INTERWEST
DWG:
WWW.KINGSURVEYORS.COM DWG: T_BMC
DRAWN:MCD CHECKED:SAL
EXHIBIT till$
Page 1 of 6
PROPERTY DESCRIPTION w
Exhibit A-H.Thomas Bath
(1 of2)
Two parcels of lend,for Timberline Road and Prospect Road Rights-Of-Way,being parts of that parcel of land
described in that Warranty Deed(WD)recorded June 13,2003 as Reception No.20030072966 of the records of the
Larimer County Clerk and Recorder(LCCR),located in the Southeast Quarter(SEl/4)of Section Eighteen(18),
Township Seven North(T.7N.),Range Sixty-eight Wear(R.68W.)of the Sixth Principal Meridian(6a P.M.),City of
Fort Collins,County of Latimer,State of Colorado,and being more particularly described as follows:
East Parcel
COMMENCING at the Southeast comer of said Section 18 and assuming the South line of said SEl/4 as bearing
South 89000'2I"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North
American Datum 1983/92,a distance of 2646.52 feet with all other bearings contained herein relative thereto:
THENCE South 89000'21"West along said South line a distance of 99.26 feet;
- THENCE North 00059'39"West a distance of 50.50 fat to the intersection of the North Rightof--Way,(ROW)of said
Prospect Road and the West ROW of said Timberline Road,said point being the POINT OF BEGINNING;
THENCE South 89000'21"West along said North ROW a distance of 13.09 feet to the beginning point of a curve,said
curve being non-tangent to aforesaid line,said point hereinafter referred to as point"A;"
THENCE along the arc of a curve which is concave to the Northwest a distance of 20.24 feet,said curve having a
radius of 17.00 feet,a central angle of 68012'26"and a long chord bearing North 33057'28"East a distance of 19.06
feet to a Point of Tangency(PT),said point being 2.40 feet,as measured at a right angle,West of said West ROW;
THENCE North 00008'45"West along a line being 2.40 fat West of and parallel with said West ROW a distance of
4.74 feet;
THENCE South 89051'15"West a distance of 5.00 feet;
THENCE North 00008'45"West a distance of 5.00 feet;
THENCE North 89051'15"East a distance of 5.00 fat to a point being 2.40 fat,as measured at a right angle,West of
said West ROW;
THENCE North 00008'45"West along a line being 2.40 feet West of and parallel with said West ROW a distance of
12.64 fat;
THENCE North 8905 1'15"East a distance of 2.40 fat to said West ROW;
- THENCE South 00008'45"East along said West ROW a distance of 37.97 feet to the POINT OF BEGINNING;
Said parcel contains 162 sq.ft.or 0.004 acre,more or less(t),and is subject to any rlghtsoRway or other ememants of
record or as now existing on said described parcel of land.
West Parcel
COMMENCING at said point"A;"
THENCE South 89000'21"West along said North ROW a distance of 27.70 fat to the POINT OF BEGINNING;
THENCE continuing South 89000'21"West along said North ROW a distance of 21.17 fat;
THENCE North 00059'39"West a distance of 5.00 feet;
THENCE North 89000'21"East a distance of 11.17 fat;
THENCE North 00059'39"West a distance of 12.00 feet;
THENCE North 89000'21"Fast a distance of 10.00 fat;
THENCE South 00059'39"East a distance of 17.00 fat to the POINT OF BEGINNING;
Said parcel contains 226 sq.ft.or 0.005 acre,more or less(t),and is subject to any rights-of-way or other easements of
_- - record or as now existing on said described parcel of land.
. .. - SURVEYOR'S CERTIFICATE
I,Steven A.Land,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal su ervision and checking,and that it is true and correct to the best of my knowledge
and belief.
O ReG�,�F
34M—
Stevenen A.Lund -on S - ors,Inc.
Colorado Registered $
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M92004208Uege1 dewriptiom\BATH-ROW-LEGAL-DESC.da
Last printed 4/15/2005 3:08 PM
u n RIGHT-OF-WAY EXHIBIT A H. THOMAS BATH
EXHIBIT I SF1a SEC. 18, T.7N., R.68W.
Page 2of6 - - - ----- - - ---_—__—— —
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Steven A. L cN FYa f of King Surveyors, Inc.
1"= 50' Colorado Register and Surveyor #34995
KING STIIM EYOXS, INC. PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
CLIENEST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E WISE BAT
WWW.KINGSURVEYORS.COM DWG:N:MC T_BATH
DRAWN:MCD CHECKED:SAL
EXHIBIT 96
1"
Page 3 of 6
PROPERTY DESCRIPTION w
Exhibit B-H.Thomas Bath
(1 of4)
Two parcels of land,for Temporary Construction Easement purposes,being parts of those two
parcels of land described in those Warranty Deeds(WD)recorded June 13,2003 as Reception No.
20030072966 and recorded December 16, 1997 as Reception No.97084144 of the records of the
Latimer County Clerk and Recorder(LCCR),both parcels being located in the Southeast Quarter
(SE1/4)of Section Eighteen(18),Township Seven North(T.7N.),Range Sixty-eight West
(R.68 W.)of the Sixth Principal Meridian(6m P.M.),City of Fort Collins,County of Latimer,State
of Colorado,and being more particularly described as follows:
South Parcel
COMMENCING at the Southeast comer of said Section 18 and assuming the South line of said
SETA as bearing South 89000'21"West,being a Grid Beating of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92,a distance of 2646.52 feet with
all other bearings contained herein relative thereto:
THENCE South 89000'21"West along said South line a distance of 99.26 feet;
THENCE North 00°59'39"West a distance of 50.50 feet to the intersection of the North Right-of-
Way(ROW)of Prospect Road and the West ROW of Timberline Road;
THENCE South 89°00'21"West along said North ROW a distance of 13.09 feet to the POINT OF
BEGINNING;
THENCE continuing South 89°00'21"West along said North ROW a distance of 27.70 feet;
THENCE North 00059'39"West a distance of 15.46 feet;
THENCE North 89000'21"East a distance of 26.02 feet;
THENCE North 00008'45"West a distance of 41.23 feet;
THENCE North 89051'15"East a distance of 15.00 feet to said West ROW,said point hereinafter
referred to as point"A;"
THENCE South 00008'45"East along said West ROW a distance of 18.50 feet;
THENCE South 89°51'15"West a distance of 2.40 feet;
THENCE South 00008'45"East a distance of 12.64 feet;
THENCE South 89051'15"West a distance of 5.00 feet;
THENCE South 00°08'45"East a distance of 5.00 feet;
THENCE North 8905 P 15"East a distance of 5.00 feet;
THENCE South 00°08'45"East a distance of 4.74 feet to a Point of Curvature(PC);
THENCE along the are of a curve which is concave to the Northwest a distance of 20.24 feet,said
curve having a radius of 17.00 feet,a central angle of 68012'26"and a long chord bearing South
33057'28"West a distance of 19.06 feet to the POINT OF BEGINNING;
Said parcel contains 1,087 sq.ft.or 0.025 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
North Parcel
COMMENCING at said point"A;"
THENCE North 00008'45"West along said West ROW a distance of 230.57 feet to the POINT
OF BEGINNING;
THENCE South 89051'15"West a distance of distance of 28.00 feet;
THENCE North 00°08'45"West a distance of 84.48 feet;
THENCE North 89*5l'15"East a distance of 6.98 feet;
THENCE North 00008'45"West a distance of 336.47 feet to the North line of said parcel of land
described in that WD with Reception No.97084144;
THENCE North 88055'04"East along said North line a distance of 21.02 feet to said West ROW;
0 REo/
o? R .S
EN
M:\2004208Uegal deacriptiom\BATH-TEMP-CONST-LEGAL-t)ESC.doc ...`...
Last printed 4/152005 3:09 PM
EXHIBIT "I"
Exhibit B-H.Thomas Bath Page 4 of 6
(2 of 4)
THENCE South 00008'45"East along said West ROW a distance of 421.30 feet to the POINT OF
BEGINNING;
Said parcel contains 9,441 sq.ft.or 0.217 acre,more or less(t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true
and correct to the bes knowledge and belief.
OO R=G
s
Steven A.Lund ng Surveyors,Inc.
Colorado Registered°'' atonal
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004208
M:@004206Vegal docriptions\BATH-TEMP-CONST-LEGAL-DESC.dw
- Last printed 4/15/2005 3:09 PM
TEMPORARY CONSTRUCTION - H. THOMAS BATH
EXHIBIT"I" EASEMENT EXHIBIT B S% SEC. 18, T.7N., R.68W.
Page 5 of 6 ----------------------% '
N00'08'45"W 2652.33'
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50 25 0 50
Steven A. •m."4 ehalf of King Surveyors, Inc.
1"— 50' Colorado Registered Land Surveyor #34995
A7jV6r Sbjr?F 'YOBS, LjVC PROJECT NO:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:
LIDATE: :INTE /2005
EST
PHONE: (970) 686-5011 FAX: (970) 685-5821 DWG:E HIBIT BAT
WWW.KINGSURVEYORS.COM DWG:N:MC T_BATH
DRAWN:MCD CHECKED:SAL
TEMPORARY CONSTRUCTION H. THOMAS BATH
EXHIBIT "I" EASEMENT EXHIBIT B SEI4 SEC. 18, T.7N., R.68W.
Page 6 of 6 (4 OF 4) I I I 1 1
1 I
7"' eT/ EAST QUARTER CORNER_�-�
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EXISTING 30' AERIAL EASEMENT I 1 I± I u
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EXISTING 50' GAS EASEMENT I
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Steven If of King Surveyors, Inc.
1„= 50 Colorado d Surveyor #34995
RING SM7MMORS, INC. PROJECT 140:2004208
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:04/15/2005
EST
PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:E HIBIT BAT
WWW.KINGSURVEYORS.COM DWG:N:MC T_BATH
DRAWN:MCD CHECKED:SAL
ORDINANCE NO. 084, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND -
TIMBERLINE ROAD IMPROVEMENTS PROJECT AND APPROPRIATING PRIOR YEAR
RESERVES IN THE STREET OVERSIZING FUND FOR TRANSFER TO THE CAPITAL
PROJECTS FUND - TIMBERLINE ROAD IMPROVEMENTS PROJECT TO BE USED TO
CONSTRUCT IMPROVEMENTS ON TIMBERLINE ROAD BETWEEN DRAKE AND
PROSPECT ROADS
WHEREAS,Timberline Road, from Drake Road to Prospect Road,is currently the highest
deficiency segment in the City's street network, with the Timberline/Prospect intersection
experiencing failing levels of service during both the morning and afternoon peak hours; and
WHEREAS,the developers (the James Company and the St. Charles Investment Group)of
two parcels,east and west of Timberline Road and north of Drake Road are not able to proceed with
development of their respective parcels until improvements have been made at the
Timberline/Prospect intersection,in accordance with Section 3.7.3(D)(1)(b)of the City's Land Use
Code - Adequate Public Facilities ("APF"); and
WHEREAS, the James Company and the St. Charles Investment Group have proposed the
formation of an involuntary Special Improvement District("SID")as a financing mechanism to fund
improvements along Timberline Road from Drake Road to Prospect Road; and
WHEREAS, on November 4,2003, City Council adopted Resolution 2003-122,Accepting
a Property Owner Petition Regarding the Initiation of a Special Improvement District, Stating the
Need For, the Nature Of, and the Location of the Improvements to Be Made,Describing the Areas
to Be Assessed for the Same,and Directing the Director for Community Planning and Environmental
Services to Prepare and Present to the City Council the Necessary Information for the Formation of
Said District; and
WHEREAS, accordingly, the process for the establishment of the Timberline and Prospect
Special Improvement District No. 94 commenced for the purpose of constructing improvements at
the intersection of Timberline Road and Prospect Road aimed towards increasing capacity and
improve service levels at the intersection; and
WHEREAS,the amount financed and needed to make the necessary APF improvements to
the Timberline/Prospect intersection is estimated to cost$2.5 million dollars; and
WHEREAS, no municipal or City-backed bonds will be issued as financing for the
Timberline/Prospect intersection improvements but the improvements will instead by financed by
the James Company and the St. Charles Investment Group using private placement bonds; and
WHEREAS,the City will act as the collection agency for the SID assessments,and properties
included within the SID will begin repayment of the proportionate share upon completion of
construction of the improvements and the final account of the costs; and
WHEREAS, in addition to the intersection improvements totaling $2.5 million associated
with the aforementioned SID, staff proposes constructing other improvements on Timberline Road,
from Drake Road to Prospect Road, which include widening the Spring Creek bridge; installing
sewer and water infrastructure, new railroad crossing materials and signals, curbs and gutters,
sidewalks, bike lanes, asphalt paving, landscaped and hardscaped medians, traffic signals at the
Nancy Grey/Timberline and Prospect/Timberline intersections; widening Timberline to a major
arterial standard; and the construction of the connector streets adjacent to the City's Police Services
facility site; and
WHEREAS,the estimated cost to construct the aforementioned improvements is$6,180,455,
and funding sources have been identified as follows:
City of Fort Collins Police Facility Capital Project
Existing Appropriations $ 1,272,291
Sidehill Development Contribution 829,512
St. Charles Investment Group Contribution 354,014
Fleischli Enterprises Contribution 115,447
Integrated Equities Contribution 119,830
Street Oversizing Fund Prior Year Reserves
(Including a $215,936 contribution from
Prospect Industrial Park) 3,489,361
Total $ 6,180,455
WHEREAS, upon completion of the bid process, the improvements to the intersection of
Timberline Road and Prospect Road are scheduled to begin in the Winter of 2005, with final
completion scheduled for the Spring of 2006; and
WHEREAS, the improvements to Timberline Road from Drake Road to Prospect Road are
scheduled to begin in the Spring of 2006, with final completion scheduled for the end of the year;
and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins (the "Charter")
permits the City Council to make supplemental appropriations by ordinance at any time during the
fiscal year,provided that the total amount of such supplemental appropriations,in combination with
all previous appropriations for that fiscal year does not exceed the current estimate of actual and
anticipated revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of funds from unanticipated
revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund
- Timberline Road Improvements project to exceed the current estimate of actual and anticipated
revenues to be received during any fiscal year; and
WHEREAS,Article X, Section 9,of the Charter also permits the City Council to appropriate
by ordinance at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not previously
appropriated; and
WHEREAS,Article X, Section 10, of the Charter authorizes the City Council to transfer by
ordinance any unexpended and unencumbered amount or portion thereof from one fund or capital
project to another fund or capital project, provided that the purpose for which the funds were
initially appropriated no longer exists; and
WHEREAS,it is the desire of the Council to appropriate the sum of$2,500,000,in the form
of private placement bonds associated with Special Improvement District No. 94; and$1,418,803,
representing contributions from developers adjacent to SID No. 94; and to appropriate$3,489,361
from prior year reserves in the City's Street Oversizing Fund for transfer to the Capital Projects
Fund - Timberline Road Improvements capital project; and to authorize the transfer of existing
appropriations, totaling $1,272,291, from the Capital Projects Fund - COPs Police Facility to the
Capital Projects Fund - Timberline Road Improvements capital project to be used to construct
improvements to Timberline Road, between Drake and Prospect Roads.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby appropriated for expenditure from unanticipated revenue
in the form of private placement bonds associated with Special Improvement District No. 94, in the
Capital Projects Fund-Timberline Road Improvements capital project,the sum of TWO MILLION
FIVE HUNDRED THOUSAND DOLLARS ($2,500,000), to be used to construct improvements
to the intersection of Timberline Road and Prospect Road.
Section 2. That there is hereby appropriated for expenditure from unanticipated revenue
in the form of developer contributions, in the Capital Projects Fund - Timberline Road
Improvements capital project, the sum of ONE MILLION FOUR HUNDRED EIGHTEEN
THOUSAND EIGHT HUNDRED THREE DOLLARS ($1,418,803), to be used to construct
improvements to Timberline Road, between Drake and Prospect Roads.
Section 3. That there is hereby appropriated from prior year reserves in the Street
Oversizing Fund the sum of THREE MILLION FOUR HUNDRED EIGHTY-NINE THOUSAND
THREE HUNDRED SIXTY ONE DOLLARS($3,489,361)for transfer to the Capital Projects Fund
- Timberline Road Improvements capital project, and appropriated therein, to be used to construct
improvements to Timberline Road, between Drake and Prospect Roads.
Section 4. That the unexpended appropriated amount of ONE MILLION TWO
HUNDRED SEVENTY-TWO THOUSAND TWO HUNDRED NINETY-ONE DOLLARS
($1,272,291)is hereby authorized for transfer from the Capital Projects Fund-COP's Police Facility
capital project to the Capital Projects Fund - Timberline Road Improvements capital project to be
used to construct improvements to Timberline Road, between Drake and Prospect Roads.
Introduced and considered favorably on first reading and ordered published this 19th day of
July, A.D. 2005, and to be presented for final passage on the 16th day of August, A.D. 2005.
Mayor '
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of August, A.D. 2005
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 27 A-C
AGENDA ITEM SUMMARY DATE: July 19, 2005
FORT COLLINS CITY COUNCIL STAFF: Matt Baker
SUBJECT
Items Relating to the Timberline Road, Drake to Prospect Project and the Creation of Timberline
and Prospect Special Improvement District ("SID") No. 94.
RECOMMENDATION
Staff recommends approval of these items.
FINANCIAL IMPACT
Street improvements are proposed for Timberline Road from Drake to Prospect. Most of the
planned improvements are adja nt to.exi s evelepments and will be constructed
through the Street Oversizin rogra The I
o rs u ` also agreed to fund additional
improvements needed in orde proceed with; develop nts in accordance with the City's
Adequate Public Facilities (AP Ordinance.
Developers have contributed$2,500,000 to the City for the engineering design and construction of
the APF improvements to the Timberline and Prospect intersection. These funds are in conjunction
with the proposed Special Improvement District No. 94 financed privately by property owners
developing in the proposed district.
EXECUTIVE SUMMARY
A. Resolution 2005-083 Approving the Preliminary Report of the Director of Community
Planning and Environmental Services for Timberline and Prospect SID No. 94,the Property
to be Assessed for the Improvements, the Assessment Method and the Date when the
Council will Hold a He nd Consid tkle O .eringby Ordinance of the Proposed
Improvements.
B. First Reading of Ordin eIo. b84, 2 O5,`Appropri 'ng Unanticipated Revenue in the
Capital Projects Fund - Timberline Road Improvements Project and Appropriating Prior
Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund-
Timberline Road Improvements Project to be used to Construct Improvements on
Timberline Road Between Drake and Prospect Roads.
C. Resolution 2005-084 Authorizing an Exemption to the Use of a Competitive Process for
Additional Professional Services in Connection with the Timberline, Drake to Prospect
Project.
July 19, 2005 -2- Item No. 27 A-C
The Timberline Road and Prospect Road intersection is the most heavily congested intersection in
the City. In the absence of any City Capital Improvement funding for this intersection, two
impacted developers are electing oprivat d these unpi4vem is in order to proceed with their
development projects. These developers"are tht maj6ity pr`op7owners and have proposed the
initiation of an involuntary ST to spread a porti 'of the Costs through assessments to other
undeveloped property in the area'beWfitf6dby the- provements.
The proposed Timberline and Prospect SID No. 94 will meet all of the adopted Council Policies
regarding Special Improvement Districts. The creation of the SID will spread the cost of the APF
improvements to all undeveloped property which benefits from the construction.
BACKGROUND
Detailed Summary:
The first item is a Resolution for Council approval, adopting the plans, specifications, estimated
cost, and the method of assessment for the SID. The first step in creating this SID has already been
taken. The property owners subm ed petitipris asking for the er*Jo
n of the district. A Resolution
accepting the petitions was appioved onNovembe `42003wdirected the City Engineer to
draw up plans and an estimate0the link' ve t
Staff has completed the Engineering Report for the Timberline and Prospect SID No. 94 which
studies the following:
1. The location of the proposed district includes the petitioners and rights of
way and easements necessary for construction.
2. The costs and financing including the total project cost, Street Oversizing
Program costs and the assessment methodology. The assessments
methodology is based on the requirements of the City's adequate public
facilities ordinance.
3. Maps of the district, legal descriptions, right-of-way maps, and detailed
construction cost estimates which are included in the report.
4. Summary of th tr if i alysi a a ' s nt reach property in the
district.
This Resolution also sets the hearing date for public comment on August 16,2005 at the regular City
Council meeting. At that time, staff will present an Ordinance for Council approval which will
create the SID. At the completion of construction,Council will hear an Ordinance assessing the cost
of the improvements to the properties in the SID for collection.
To meet the requirements of Article X, Section 20 of the Colorado Constitution (TABOR
Amendment), a special election of SID property owners will be held on November 1, 2005. The
ballot question is limited to whether to allow the City to collect the assessments over time. If the
July 19, 2005 -3- Item No. 27 A-C
ballot measure fails, the assessment payment would be due in full immediately. A Resolution
placing the SID assessment question on the November ballot will be presented for consideration by
Council at its meeting on August 16, 2005.
The remaining items are relate the cotlS�tion ofthq roadwa mprovements. An appropriation
ordinance transfers monies received from the deve pers and"the Street Oversizing Fund into the
project account. An authoriza&n a c g o to com#4lete the construction drawings and
related bid documents is also presented.
Over the last several months, staff has been meeting with the property owners who will be affected
by the acquisition of right-of way for the project. Their input has been considered during the
engineering design and has helped resolve many issues,including access,storm water,utility service
and irrigation water.
City Departments have been working together to include utilities and roadways needed for the
planned Police Facility, and will include these improvements in the roadway contract in order to
save time and money for the Police Facility Project.
Staff has also been working with property owners who have requested to have their frontage
improved with this project. Fleischli Enterprises and Integrated Equities have decided to participate
in this project for its benefit, as 11 asith tyy s. Both p wners have agreed to contribute
their local street portion and now c i3i plehng the engineeri y design along their frontages to
include in the construction of berline Road.
At the August 16 meeting of Council, staff will request authorization of eminent domain
proceedings to insure the timely completion of the project. Staff has met with all the property
owners affected by the Project and begun negotiations on right-of-way and construction easement
acquisition. The authorization of eminent domain would allow the City to obtain possession of
necessary property interests if negotiations are not finalized by the planned construction start date.
Staff is completing appraisals for offers to each property and all properties have been notified by
certified mail of this Council action.
Summary of costs:
APF Improvements (SID No. 94) $2,500,000.00
City of Fort Collins Police Facility
Capital Project Existing Appr,9pri tions $1,2 ;291.00
Sidehill Development Contrib tnrribu
115,447.00
29,512.00
St. Charles Investment Group n 54,014.00
Fleischli Enterprises Contnbu .�
Integrated Equities Contribution $119,830.00
Street Oversizing Fund Prior Year Reserves
(Including a $212,936 contribution from
Prospect Industrial Park) $3,273,425.00
$6,180A55.00
Total Construction Cost: $8,680,455.00
July 19, 2005 -4- Item No. 27 A-C
Additional Background Information:
Construction is planned to start this fall with the widening of the bridge over Spring Creek,
expansion of the Great Weste ailroa4,eros rng�on botkTi erline and Prospect, and utility
relocations. Construction of th; roadway improvement1.s wiI);bin in the Spring of 2006 and be
completed by the end of the year. Utility service�4n eiimeter Tbadways for the Police Facility will
be included in the Timberline Ro' of ect..Thls w .help with'coordination of improvements and
realize significant cost savings for the Police Facility site.
Timberline Road, from Drake to Prospect is currently the highest deficiency segment in the City's
street network. The Timberline/Prospect intersection experiences failing levels of service in both
the morning and afternoon peak hours. Attempts by the City to create a funding mechanism for the
necessary improvements have not been successful.
The City's Adequate Public Facilities Ordinance does not allow any additional development to
impact failing intersections. A conceptual estimate indicates that$2.5 million is needed to improve
the intersection to meet minimum levels of service necessary to allow additional development in the
area. The improvements contemplated are:
• Dedicated right turn lanes on all legs of the intersection
• Double left turn r e es n in li
• Additional thro h lanesn Ti e
These interim improvements wi capacity to the intersection, but will not include landscaped
medians,concrete paving, enhanced crosswalks,or other elements not necessary to increase Levels
of Service.
There are two large development parcels which are currently affected by APF. The James Company
is constructing the Sidehill development project on the east side of Timberline and north of Drake
and the St. Charles Investment Group owns 80 acres on the west side of Timberline and north of
Drake. Both of these developments cannot build in the absence of improvements to
Timberline/Prospect. These developers have elected to fund the $2.5 million APF improvements
in order to proceed with their development projects.
There are other smaller undeveloped parcels adjacent to Timberline/Prospect that are also affected
by APF. Some have expressed interest in participating in the cost of improving the
Timberline/Prospect intersection while others have indicated a strategy of waiting until the
improvements are made in orde to belief ' e ayoidm y c ts.
The James Company and the . Charlek Inve ��t Group proposed the formation of an
involuntary SID as a financiit',mecb, a w for fait and equitable assessment of all
benefitting property owners. The terms of the district would generally be:
1. The amount financed will be$2.5 million,or the amount needed to make the
improvements to the Timberline/Prospect intersection required by APF.
2. No municipal or City-backed bonds will be issued. Financing will be by the
developers, using cash or private placement bonds. The City will be the
July 19, 2005 -5- Item No. 27 A-C
collection agency for assessments, but will not incur any financial liability.
Actual payment of the$2.5 million by the James Company and Cumberland
Group will not occur until construction bidding (August 2005) to avoid
capitalized inter t. S cu ' thafor
be oa p formance bond for $2.5
million has e, oste th th ity m ord#a development to continue
during the formation of the SID F Kr
/ X
3. The Assessment method will be based on APF and its benefit to undeveloped
property. Several factors, including trip generation, trip distribution, delay
and proximity to the intersection within a one-mile radius are used to
calculate the impact and benefit for each property. Efforts will be made to
obtain consent of any potentially assessable property owner prior to the
creation of the SID.
4. The properties included in the SID will begin repayment of their
proportionate share (the assessments) upon completion of the construction
and final accounting of the costs (tentatively in late 2006).
Providing a 10 year repayment schedule for properties being assessed could be an incentive for
properties to participate in the SID without opposition. However, in accordance with the TABOR
Amendment,a vote of district pr pert s a A'o allow the City to enter into a multi-
year obligation to collect ass sments ferti . T al ive to a 10 year payback is an
immediate one time assessme of then °due. Thikone time assessment, without the
option to pay in installments,w ikely producegreater protest from involuntary participants.
Included in these items is a resolution setting this assessment question on the November ballot.
Resolution 2003-122 accepting the petitions and directing City staff to prepare the plans and cost
estimates was adopted by City Council on November 4, 2003.
The City has adopted Special Improvement District criteria and policies set forth in the "Special
Improvement Districts Manual, Section II, Policies", as listed below.
1. All public improvements as described in Chapter 16 of the City Code shall be eligible for
inclusion in an Improvement District ("District'). However, the City may exclude certain
improvements when it deems such improvements are not in the best interests of the City.
2. The City reserves the right to deny the creation of any District.
3. The proposed District slykoul& e consis ent it thwlas Street Plan and other planning
documents of the City The dts ct sh Id a an roved Master Plan. An approved
Preliminary Plan may require if loc s et or util improvements are to be included
within the District. The 'ty may o eq e a Sto rainage Plan to be submitted.
4. The total cost of the District should not exceed the appraised value of the improvements and
the land to be included in the District.
5. The amount of encumbrances on the land in the District including the assessments of the
District should not exceed 90%of the value of the land including the improvements without
being acknowledged by subordinate lien holders, or the posting of a surety from a
July 19, 2005 -6- Item No. 27 A-C
recognized company for 100% of the principal and interest of the construction cost of the
District.
6. The cost to be borne by he City ' t �iu a currently available or minimized
and/or deferred throug re ' ` other e an sms.
7. The City has the opti to'requiru'property owneis within the District to manage
construction of the improvements themselves or through Professional Engineers where it is
to the City's advantage to do so and the proposed managers can demonstrate experience and
competence.
8. The City has the option to require privately managed Districts to bid and award contracts for
construction of the public improvements when provided for in the District's Master
Agreement and performed in conformance with the City Charter.
9. Construction activities of District improvements should not cause extraordinary
inconvenience to properties choosing not to be a party to the District.
10. Should a default in the assessment payments of a District occur,the City shall have the right
to immediately proceed with all legal remedies including a tax deed and sale of the affected
land.
b
11. The City Manager may tabhsh minis f e policies ' d procedures for the Improvement
District process and ma reconm pro -iate fee the City Council.
12. Proposed improvements should be of benefit to the City within a reasonable time frame.
ATTACHMENTS
1. Vicinity Map
2. APF Map/One Mile Radius Map
3. Resolution 2003-122