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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/04/2006 - ITEMS RELATING TO THE NORTHSIDE AZTLAN COMMUNITY C ITEM NUMBER: 17 A-D AGENDA ITEM SUMMARY DATE: April 4, Zoos FORT COLLINS CITY COUNCIL STAFF: Steve Seefeld Helen Matson Anne Aspen Marc Virata SUBJECT Items Relating to the Northside Aztlan Community Center Located at 112 Willow Street. RECOMMENDATION Staff recommends the adoption of the Ordinances on First Reading. FINANCIAL IMPACT The City will reimburse Public Service for its costs to move the existing gas line to the new easement area. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 058, 2006, Authorizing the Conveyance of an Exclusive Easement For a High Pressure Natural Gas Line to Public Service Company of Colorado Located at 112 Willow Street. B. First Reading of Ordinance No. 059, 2006, Exempting the Relocation of a High Pressure Gas Line in Connection with the Redevelopment of the Northside Aztlan Community Center From Regulation Under the Land Use Code. C. First Reading of Ordinance No. 060, 2006, Authorizing the Conveyance of a Permanent, Non-Exclusive Easement to Public Service Company of Colorado and the United States Environmental Protection Agency For Environmental Remediation Activities and Facilities On the Northside Aztlan Community Center Property and Gustav Swanson Natural Area. D. First Reading of Ordinance No. 061, 2006, Vacating an Alley Right-of-way Established as Part of the 1873 Map of the Town of Fort Collins. This item includes four Ordinances related to the completion of the plat and preliminary work associated with the construction of the new Northside Aztlan Community Center ("NACC") at 112 Willow Street. The new building is adjacent to the existing facility. Two of the Ordinances relate to the relocation of a high pressure gas line, which will be necessary in order to allow the April 4, 2006 -2. Item No. 17 A-D platting and construction of the NACC to proceed. In addition to a new easement for Public Service Company of Colorado for the gas line, an exemption from the requirements of the Land Use Code is in order to allow the relocation to proceed without separate advance review of the relocation. Ordinance No. 060, 2006, authorizes the grant of an easement to Public Service Company and the U.S. Environmental Protection Agency for permanent facilities for the environmental work along the Poudre River near the NACC. The Council has previously authorized this easement, but a new authorization is being requested in light of modifications to the easement area described. Ordinance No. 061, 2006, vacates an alley right-of-way that was shown on the original Town Plat and is located on the site of the NACC. These items are each needed in order to allow staff to finalize the plat for the NACC project. BACKGROUND The Northside Aztlan Community Center ("NACC") was opened to the public in 1978. The NACC has been very popular. In 1996, the voters approved funding through the Building Community Choices capital program, to replace the current NACC with a new building that will contain approximately 50,000 square feet. The new NACC is to be constructed at the same site and the existing NACC will remain open during construction. This project is nearing completion of the development review process and the plat for the NACC is being finalized. The new facility is being constructed in the location of the existing parking lot. Once the new facility is built, the old building will be removed to provide a parking lot for the new NACC Construction is scheduled to begin this summer. A. Ordinance No. 058, 2006, Authorizing the Conveyance of an Exclusive Easement For a High Pressure Natural Gas Line to Public Service Company of Colorado Located at 112 Willow Street. There are two exclusive gas easements through the NACC site at 112 Willow Street. These two easements overlap each other and Public Service uses only one of the easements. Both easements are located directly underneath the location for the new facility. Therefore, the City has requested that Public Service move its high pressure gas line to the new location described in the Ordinance. Public Service will move its line once Council approves the granting of the easement and the easement has been executed by all parties. Once the high pressure gas line is moved to its new location, Public Service will vacate the two existing easements. It is the policy of Public Service to vacate easements by executing a Quit Claim Deed to the underlying property owner. In this case, Public Service will issue a Quit Claim Deed to the City for the vacated easements. B. Ordinance No. 059, 2006, Exempting the Relocation of a High Pressure Gas Line in Connection with the Redevelopment of the Northside Aztlan Community Center From Regulation Under the Land Use Code. The high pressure gas line needs to be moved prior to the commencement of construction as it lies within the proposed building footprint. Since the City's Land Use Code defines "development" to include the moving of private utility lines, a separate development plan and review is required solely for the line's relocation. In this particular case, however, there are unique and unusual circumstances that would create a hardship for the owner (the City) if this April 4, 2006 -3- Item No. 17 A-D gas line relocation were required to go through the entire public process. The new NACC is proposed to be built on the front portion of the site of the existing Aztlan Center. Once the new center is complete, the existing Center will be demolished and the new parking lot will be constructed in its place. The site will be very tight during the phasing of this project, especially while both buildings coexist. The project is on an aggressive timeline and must provide continuous service, both for the users of the recreation facility and the users of the gas utility. Two neighborhood meetings have been held, two staff reviews have been held and the NACC Project is nearly ready for a public hearing (Type I — Administrative Hearing). The gas line move, which is required because of the placement of the new Center, must happen prior to construction of the new Center. A separate Project Development Plan for the gas line move would push the already tight timeline of the Northside Aztlan Center Project Development Plan back by a few months with detriment to the public for little added value to the public. C. Ordinance No. 060, 2006, Authorizing the Conveyance of a Permanent, Non- Exclusive Easement to Public Service Company of Colorado and the United States Environmental Protection Agency For Environmental Remediation Activities and Facilities On the Northside Aztlan Community Center Property and Gustav Swanson Natural Area. In October 2004, the City Council authorized the conveyance of a permanent easement in the area of the NACC to Public Service in order to allow Public Service to complete and continue operation of the remediation facilities required pursuant to the Administrative Order on Consent for the Poudre River cleanup that the City has entered into with Public Service, the U.S. Environmental Protection Agency and Schrader Oil Company. Since that authorization, Public Service has refined its final plans for the permanent water treatment facility and related utilities, and has provided revised legal descriptions for the easement area needed. The proposed Ordinance authorizes an easement to Public Service under and on these new easement areas in the place of the easement areas previously authorized. Completion of the easement and coordination of installation of Public Service's utility lines with the NACC construction are necessary to avoid interference with either project. D. Ordinance No. 061, 2006, Vacating an Alley Right-of-way Established as Part of the 1873 Map of the Town of Fort Collins. In 1873, by an order of the Board of County Commissioners of Larimer County, the Town of Fort Collins was incorporated. In its order the Board of County Commissioners also established the Town Map, which included an alley on Block 3 of the Town of Fort Collins. The City, as part of the redevelopment plan for the NACC, has requested the entire alley be vacated. The City owns the majority of the lots that abut the alley with the exception of Lagunitas Giddings, Inc. (portions of Lots 2, 4, and 6) and Lagunitas Willow, Inc. (Lot 8). The vacation has been requested as the redevelopment plan design for the NACC results in the main building being built over a portion of the alley. The alley is not paved (with the exception of the existing NACC parking lot, which is situated over a portion of the alley right-of-way but obtains access from Willow Street) and is not used for access or as a driveway to the properties, but does contain several utilities within the area. The City has been working with Lagunitas Giddings, Inc. and Lagunitas Willow, Inc. as part of the NACC redevelopment to coordinate the site design and legal designation of areas within the NACC plat. April 4, 2006 -4- Item No. 17 A-D All public and private utilities have been notified of the proposed vacation and they report no objections, provided the area is retained as a utility easement. With this Ordinance the entire area proposed to be vacated will be retained as a utility easement. Upon completion of utility work related to the relocated main building, an easement vacation will be pursued for areas that are no longer needed as a utility easement. ATTACHMENTS 1. Northside Aztlan Community Center Location Map 2. Alley Right-of-way Vacation- Vicinity Map and aerial view ATTACHMENT 1 Northside Aztlan Community Center Location Map Z 0 m M m n m f ' !I 7 <0 i I I e'� N Property Location ATTACHMENT f m ! LIND ��r �® X. � � z -w . 414 , &9 right-of-way vacation . . . } A be retained aautility ee_q Lit ` ` } \ \ � %i .�, w & . .- . & �> �� § | � Xx . z LAINWITEAVE % � ® \ \ . \ __e .___ .__AVE \ Vicinity Map q n"' SRVE-r 3 ' i, ' 1W u Alley right-of-way vacation ' (to be retained as a utility easement) �Y° o JOY Ak 140 41 Y � O O /'nn m +�A.E � 1 �.F. .� '�*•` saw Vicinity Map (with aerial view) ORDINANCE NO. 058, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EXCLUSIVE EASEMENT FOR A HIGH PRESSURE NATURAL GAS LINE TO PUBLIC SERVICE COMPANY OF COLORADO LOCATED AT 112 WILLOW STREET WHEREAS,the City is the owner of a certain parcel of real property located in Fort Collins, Colorado, known as Northside Aztlan Community Center(the "Property") located at 112 Willow Street; and WHEREAS, the City is planning to construct a new Northside Aztlan Community Center (the "Project") on the Property; and WHEREAS, Public Service Company of Colorado ("PSCo") currently has two exclusive easements for high pressure gas lines that run directly under the location of the Project; and WHEREAS, PSCo has notified the Citythat it will only need one as line easement in the Y g new location; and WHEREAS, the City has requested that PSCo move its high pressure line to a single new easement area over, under and across the Property in the location more particularly described on Exhibit"A", attached hereto and incorporated herein by this reference(the"Easement Area"); and WHEREAS, the City has agreed to reimburse PSCo for all its costs associated with the movement of the high pressure gas line, since the move is required for the City's construction project; and WHEREAS, PSCo has agreed that once PSCo has moved the high pressure gas line to the new Easement Area,PSCo will vacate the abandoned portions of the two existing easements by quit claim deed to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City,provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of an easement to PSCo over, under and across the Easement Area, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the easement described herein toPSCo upon the terms and conditions described above,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in character of the intended Easement Area. Introduced, considered favorably on first reading, and ordered published this 4th day of April, A.D. 2006, and to be presented for final passage on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" 23 10 Prospe ph: East 4.7477ci Fort Cc LLi ns, CO $0525 ' Oh:910.484J477 fc:970.484.7488 LEGAL DESCRIPTION www.tec-engts.com PERMANENT GAS LINE EASEMENT A 20.00 FOOT WIDE PERMANENT GAS LINE EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS:THE NORTHEASTERLY RIGHT OF WAY LINE OF WILLOW STREET AS SHOWN ON THE MAP OF THE TOWN OF FORT COLLINS RECORDED IN BOOK 1 AT PAGE 48,LARIMER COUNTY RECORDS IS ASSUMED TO BEAR N48°50'00"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 2,BLOCK 3 OF SAID MAP; THENCE N48°50'00°W ON SAID NORTHEASTERLY RIGHT OF WAY LINE A DISTANCE OF 422.73 FEET TO THE POINT OF BEGINNING,SAID POINT LIES 10.00 FEET,MEASURED AT RIGHT ANGLES,EAST OF THE EASTERLY LINE OF THAT GRANT OF EASEMENT RECORDED AT RECEPTION NUMBER 2000032174,LARIMER COUNTY RECORDS; THENCE PARALLEL WITH SAID EASTERLY LINE THE FOLLOWING TWO(2)COURSES: 1. N00°43'36"W A DISTANCE OF 198.37 FEET TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 10°46'22%A RADIUS OF 734.49 FEET,A DISTANCE OF 138.10 FEET,THE CHORD OF WHICH BEARS N04°39'35"E A DISTANCE OF 137.90 FEET; THENCE S83"30'25"E A DISTANCE OF 83.00 FEET; THENCE N07°34'24"E A DISTANCE OF 326.29 FEET; THENCE N64°58'00E A DISTANCE OF 330.35 FEET TO THE.POINT OF TERMINUS,SAID POINT BEING ON THE NORTHEASTERLY LINE OF THAT CERTAIN DEED RECORDED AT BOOK 1016 PAGE 478, LARIMER COUNTY RECORDS. THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE NORTHEASTERLY LINE OF SAID BOOK 1016 PAGE 478 AT THE NORTHEASTERLY END AND ON SAID NORTHEASTERLY RIGHT OF WAY LINE AT THE SOUTHERLY END. CONTAINING A CALCULATED AREA OF 0.494 ACRES(21,622 SQUARE FEET), SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT I, RICHARD W.PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION AND BELIEF, IS CORRECT. RICHARD W.PALS, REGISTERED LAND SURVEYOR COLORADO NO.31938 FOR AND ON BEHALF OF THE ENGINEERING COMPANY .haw 0507SUE2.oWG POINT OF TERMINUS �v0� i �Oat'&S 0E / 330.3500"E , O pp 9 / C / 50' WIDE RAILROAD //pZ'r CONSOLIDATION EASEMENT /�V / PER RECEPTION NO. 2000032174 Java / N07'34'24"E 326.29' I CITY OF FORT COLLINS BOOK 1016 PAGE 478 S83'30'25"E 83.00' W W i A=10'46'22" > R=734,49' d — L=138.10' V BLOCK4 Cho,d-N04*39*35"E 137.90' TOWN OF O FORT COLLINS NOO'43'36"W 198.37' K P GE 48 J 20' WIDE GAS LINE EASEMENT 20' 10' I POINT OF EGINNING ti8,..0y, 6' S 9rQ�. I II o°OK `W pF may e�/ s `PTAlLO� 4�?�4 4p`tp 'y / Q ' 00 POINT OF s^- COMMENCEMENT �. THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT JV EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. THIS DRAWING DOES NOT REPRESENT A MONUMENTED SURVEY AND IS O SO 100 1SO ZOO ONLY INTENDED TO DEPICT THE Scala: 1"=100' P ATTACHED LEGAL DESCRIPTION. The Engineering Company ✓}� LEGAL DESCCRIPTION nm�Ir.�.P�a ao.a SWW9 Fon ComI EXHIBIT (970)4R47477 ,.,.».I ,,.«a, CITY OF FORT COLLINS ORDINANCE NO. 059, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXEMPTING THE RELOCATION OF A HIGH PRESSURE GAS LINE IN CONNECTION WITH THE REDEVELOPMENT OF THE NORTHSIDE AZTLAN COMMUNITY CENTER FROM REGULATION UNDER THE LAND USE CODE WHEREAS, the City is in the process of redeveloping the Northside Aztlan Community Center(the"Center"),which redevelopment is being submitted by the City to review under the Land Use Code; and WHEREAS, it has become necessary to relocate a certain high pressure gas line prior to commencement of construction of the Center since the high pressure gas line lies within the proposed building footprint; and WHEREAS, the Project Development Plan for the building and construction of the Center has not yet been approved; and WHEREAS, the Land Use Code defines the term"development'to include the moving of private utility lines; and WHEREAS,Section 1.2.4 ofthe Land Use Code provides that the Land Use Code shall apply to any and all"development of land"within the municipal boundaries of the City, unless expressly and specifically exempted, or provided otherwise in the Land Use Code; and WHEREAS, if the relocation of the high pressure gas line were required to be approved through the regulations of the Land Use Code, significant hardship would be worked upon the City by reason of the delay of the construction project for the Center in order to accommodate the time necessary to process a development application for relocation of the gas line; and WHEREAS, the Council has determined that the imposition of the regulations of the Land Use Code on the relocation of the high pressure line would be of little, if any,benefit to the public, and would impose substantial hardships upon the City in the redevelopment of the Center; and WHEREAS, the Council has determined that the relocation of the high pressure gas line should be exempt from the regulations of the City under the Land Use Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the relocation of the high pressure gas line as is necessary for the accomplishment of the redevelopment of the North Side Aztlan Community Center is, in accordance with Section 1.2.4 of the Land Use Code is hereby expressly and specifically exempted from regulation under the Land Use Code. Introduced and considered favorably on first reading and ordered published this 4th day of April, A.D. 2006, and to be presented for final passage on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk ORDINANCE NO. 060, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT, NON-EXCLUSIVE EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR ENVIRONMENTAL REMEDIATION ACTIVITIES AND FACILITIES ON THE NORTHSIDE AZTLAN COMMUNITY CENTER PROPERTY AND GUSTAV SWANSON NATURAL AREA WHEREAS, the City of Fort Collins (the"City") is the owner of various properties to the north, south and under the Poudre River between College Avenue and Linden Street, including Gustav Swanson Natural Area (the "Natural Area") to the north of the River, and the Northside Aztlan Center property, including the property on which the United Way Building is situated (the"Aztlan Property") to the south of the River; and WHEREAS, the Natural Area and the Aztlan Property, are together described on Exhibit "A", attached hereto and incorporated herein by this reference, and are collectively referred to in this Ordinance as the "City Property"; and WHEREAS, pursuant to various licenses to enter granted by the City Manager under the authority granted to him in Resolution 2003-119, on November 4, 2003, Public Service Company of Colorado ("PSCo") and the United States Environmental Protection Agency ("EPA") have conducted extensive investigation of a seep of a black, oily substance characterized as coal tar in the Poudre River in the vicinity of the City Property identified by the City in late 2002, and the source and extent of related contamination, and have carried out certain initial remediation of the contamination; and WHEREAS, on October 5, 2004, the Council adopted on second reading Ordinance No. 146, 2004, which authorized the conveyance of a permanent, nonexclusive easement to PSCo for ongoing environmental remediation and monitoring activities; and WHEREAS, on October 19, 2004, the Council adopted on second reading Ordinance No. 163, 2004, which authorized the execution of an Administrative Order on Consent ("AOC") by the United States Environmental Protection Agency and a related Environmental Covenant in connection with environmental contamination and remediation in the Cache La Poudre River on and in the vicinity of the City Property; and WHEREAS, on November 10, 2004, the City and all other parties completed and entered into said AOC and the Environmental Covenant required in the AOC was signed and recorded by the City shortly thereafter; and WHEREAS, the detailed plans for the investigation and remediation work to be completed, including necessary backfill and restoration of the affected area upon completion of that work, as currently anticipated, are expected to include a 700 foot vertical wall and hydraulic control system in the south bank of the Poudre River, a small treatment building in which water collected by the hydraulic control system will be treated, and other minor structures to support the operation and maintenance of these facilities and ongoing monitoring of the area; and WHEREAS, in order to install, operate, maintain and access the remedial facilities, the Council has previously authorized a permanent nonexclusive easement on and under the City Property, but a final easement for those facilities and activities has not been completed; and WHEREAS, since the time of the initial request and approval, the final design and detailed plans for the permanent facilities to be installed by PSCo have been completed, and those final plans call for a modification of the easement areas required; and WHEREAS, accordingly, City staff has worked with PSCo to prepare descriptions of the final easement areasi required in lieu of the easement areas previously approved in October 2004, including an area for a wastewater treatment facility and barrier wall more particularly described on Exhibit `B", an area for a nonexclusive access road to said facility more particularly described on Exhibit "C", an area for a nonexclusive electric utility easement more particularly described on Exhibit "D", and an area for a nonexclusive telephone utility easement more particularly described on Exhibit "E", each of which exhibits is attached hereto and incorporated herein by this reference (collectively referred to as the"Easements"); and WHEREAS, in order to allow for ongoing monitoring and supervision of the activities of PSCo, and to provide for such access as may be needed to ensure proper implementation of the remediation work, EPA has requested that the City include in its grant of easement to PSCo a provision allowing EPA to conduct such activities on the City Property as may be necessary to enforce PSCo's obligations under the AOC; and WHEREAS, in connection with the Council's authorization of the easements proposed in 2004, City staff previously made an approximate value finding for those easements in the amount of approximately$740,000; and WHEREAS, in 2004, in view of the anticipated benefits to the City and to the general public of the environmental cleanup activities that are proposed to occur in the river and near and on the City Property which will be facilitated by the easements, the Council authorized the conveyance of those easements without requiring payment of consideration for the Easements; and WHEREAS, due to modifications of the described areas for the Easements from the originally proposed easement areas, City staff has refined and updated its value finding for the Easements, and has estimated that the value of the Easements is approximately$453,350; and WHEREAS, consistent with the understandings of the City, EPA and PSCo in entering into the AOC and in negotiations since that time, staff continues to recommend that the City convey the Easements without requiring payment of consideration for them; and WHEREAS, City staff has negotiated with PSCo and EPA the terms and conditions of the permanent easement required for PSCo's ongoing environmental remediation and monitoring, as set forth in the Permanent Easement Agreement dated March 31, 2006, a copy of which is on file in the office of the City Clerk and available for public review (the "Easement Agreement"); and WHEREAS, the Easement Agreement further provides that the City may relocate PSCo's utilities on the City Property to a satisfactory alternative location in the future if the City determines such relocation to be of benefit to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements to PSCo and EPA, as set forth herein, instead of the permanent easements previously authorized by the Council in Ordinance No. 146, 2004, will be in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreement, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary corrections to the legal description shown thereon that do not result in a material increase or change in character of the intended Easement Areas. Introduced, considered favorably on first reading, and ordered published this 4th day of April, A.D. 2006, and to be presented for final passage on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" DESCRIPTION OF THE CITY PROPERTY (PARCELS 1 - 3) PARCEL 1 (AZTLAN/UNITED WAY SITE): That real property in the NW 1/4 of the NW 1/4 of Section 12, Township 7 North, Range 69 West of the 6th P.M., located at 226 Willow Street in Fort Collins, Colorado, more particularly described as follows: Beginning at a point on the SErly line of C&S Railway R.O.W., 1172.15 feet south and N 56°40' E 227.41 feet from NW corner of Sec. 12, T7N, R69W of the 6th P.M., thence N 56°40" E 670.47 feet, thence S 31°42' E 371.84 feet, thence S 68°39'30" E 275.86 feet, thence S 16°39'30" E 243.53 feet, thence S 89°50' E 475.61 feet, thence S 41010' W 643.95 feet, thence N 48150' W 200.00 feet, thence S 41'10' W 25.00 feet, thence N 48050' W 350.00 feet, thence S 41°10' W 190.00 feet, thence N 48°50' W 190.00 feet, thence S 41°10' W 210.00 feet, thence N 48°50' E 210.00 feet, thence along the arc of a 400 foot radius curve to the left, the long chord of which bears N 67°32'30" E 270.65 feet, thence East 111.00 feet, thence North 359.00 feet to the point of beginning, less all the part of the above described tract lying West of a line which is described as being 250 feet East of and parallel with the West line of the NW '/4 of said Section 12. PARCEL 2 (226 WILLOW STREET): That real property in the NW 1/4 of the NW 1/4 of Section 12, Township 7 North, Range 69 West of the 6th P.M., located at 226 Willow Street in Fort Collins, Colorado, more particularly described as follows: The SErly 40 Feet of LOT 10, BLOCK 3, Fort Collins, Larimer County, State of Colorado. PARCEL 3 (A PORTION OF GUSTAV SWANSON NATURAL AREA): That tract of land in the NW 1/4 of the NW 1/4 of Section 12, Township 7 North, Range 69 West of the 6th P.M., in Fort Collins, Colorado, more particularly described as follows: Beginning at a point on the East line of said NW 1/4 of the NW 1/4 of Section 12 544.85 feet South from the NE corner of said NW 1/4 of the NW 1/4 of Section 12, thence S 00903' E along said East line of the NW 1/4 of the NW 1/4 of Section 12, 599 feet to the northeasterly bank of the Cache La Poudre River; thence N 711134'W 31.62 feet; thence N 32939'W 93.79 feet; thence N 60456' W 205.90 feet; thence N 201119' W 287.91 feet; thence N 37209'W 151.52 feet to a point twenty-five feet southeasterly from the center line of the main track of The Colorado and Southern Railway Company, measured at right angles thereto; thence N 561140' E parallel with and 25 feet southeasterly from said center line of said main track, 35 feet; thence East 422.28 feet to the point of beginning, containing 3.75 acres, more or less. City Property Page 1 of 1 EXHIBIT B Page 1 of 2 ADDRESS: PHONE:970.221.4159 NORTHERN 200 S.College Ave. Suite 100 WESSITE: ENGINEERING Fort Collins,Co 80524 FAX:970.221.4159 ww".northernengineeriog.com DESCRIPTION: EASEMENT EXHIBIT An easement located in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 12 as bearing South 90°00'00" East and with all bearings contained herein relative thereto: Commencing at the Northwest comer of said Section 12; thence, South 52°43'57" East, 1079.89 feet to the POINT OF BEGINNING; thence, South 25°07'44" East, 92.48 feet; thence, South 62°36'07" West, 16.39 feet; thence, South 25024120" East, 85.48 feet; thence, South 24°22'43" East, 111.59 feet; thence, South 25°24'20" East, 53.08 feet; thence, South 27°32'15" East, 95.17 feet; thence, South 35039131" East, 90.69 feet; thence, South 51°54'50" East, 61.89 feet; thence, South 37°44'45" East, 60.94 feet; thence, South 13006'36" West, 44.94 feet; thence, South 67°46'12" West, 36.78 feet; thence, North 13006'36" East, 51.95 feet; thence, North 37°44'45" West, 42.95 feet; thence,North 51°54'50" West, 62.44 feet; thence,North 35039'31" West, 97.11 feet; thence,North 27'32'15" West, 97.86 feet; thence,North 25°24'20" West, 53.90 feet; thence,North 24°22'43" West, 111.59 feet; thence,North 25°24'20" West, 109.79 feet; thence, South 56°22'41" West, 112.73 feet; thence, South 33°00'52" East, 48.07 feet; thence, South 56°26'13" West, 120.01 feet; thence, North 33°00'52" West, 120.01 feet; thence, North 56°26'13" East, 120.01 feet; thence, South 33°00'52" East, 6.08 feet; thence, North 58°00'28" East, 168.24 feet to the POINT OF BEGINNING. The above described utility easement contains 44,214 square feet or 1.015 acres more or less and is subject to all easements and rights-of-way now on record or existing. February 14, 2006 AFC [03-146] Wtr SASurvey]obs\AFC\Descriptions\AFC[03-146]Esmt 2-14-06.doc EXHIBIT B Page 2 of 2 EASEMENT EXHIBIT LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M. CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO LBAH OF BEARING N 90°00'00"E N RTH LINE OF THE NORTHWEST OTNiIER,SECTION 13,T>N,ReBW 9 sue• NORTH QUARTER CORNER POINT OF SECTION 12-7-69 COMMENCEMENT `. J NORTHWESTCORNEReOjs SECTION 12-7-69 `'.8,9- / 101 POINT OF BEGINNING / / l 9n 9 / ay / ! op, � PD !'j x \GP m EASEMENT 44,213 sq.ft. \ 1.01 acres LINE TABLE S. LINE BEARING LENGTH L1 S25'24'20"E 85.49 4. L2 4' '4 111.5 ' 9 !j L3 4. L4 S27'3 '15'E 95.17' ; =W�µy9y \ L5 S3539'31'E 90.69' WW' L6 S51'54'50'E 61.89' L7 744'45" 60.94' L8 S13'06'36"W . ' \ L9 587489 36 2"W 38.7878' L10 1 1 ' !iw L11 N37'44'45'W 42.95' �•+ L12 N51'54'50"W 62.44' B \ L13 N '39' 1"W 97.11' L74 N 7'3 '15"W 97. 6' o 1-15 N25' 4' 0'W 53.90' L16 N 4' 2'43'W 1 111.59' a L17 N 5'24' 0"W 1 10 . !JJ L18 556'22'41"W 112J3' L19 L20 L21 N33'00'S2"W 120.01' \ E L22 N5626'13"E 1 0.01' L23 533V0'S .08' 6 L24 N58'00'2B"E 168. 4' L25 S25'07'44"E 92.46' E L26 562' 6'0]"W 16 9' NORTH s :r v100 0 100 200 300Feet NORTHERN ( IN FEET ) ENGINEERING 1 Inch = 100 ft. am. °° 111. 4—e—M.� I EXHIBIT C Page 1 of 2 I 2310 East Prospect I Fort Collins, CO 80525 ph:970.484.7477 fa:970.484.7488 LEGAL DESCRIPTION www.tec-engrs.com PERMANENT ACCESS EASEMENT A PERMANENT ACCESS EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST ONE- QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE NORTH END BY A 3 1/4" BRASS CAP STAMPED"COLO. DEPT. OF HIGHWAYS"AND AT THE SOUTH END BY A 2"ALUMINUM CAP STAMPED 77N R69W, S11, S12, 1/4, LS 17497, 2004" IS ASSUMED TO BEAR S00°07'38"E. COMMENCING AT THE 3 1/4" BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 12, FROM WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 12 BEARS S89053'27"E A DISTANCE OF 2646.00 FEET; THENCE S37°13'19"E A DISTANCE OF 1011.51 FEET TO THE NORTHWEST CORNER OF A PROPOSED UTILITY EASEMENT; THENCE S32°54'19"E ON THE SOUTHWEST LINE OF SAID PROPOSED UTILITY EASEMENT A DISTANCE OF 29.19 FEET TO THE POINT OF BEGINNING; THENCE S48047'36"W A DISTANCE OF 87.48 FEET TO A POINT OF CURVE; THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 32°24'52", A RADIUS OF 337.73 FEET, A DISTANCE OF 191.07 FEET,THE CHORD OF WHICH BEARS S32°35'10"W A DISTANCE OF 188.53 FEET TO A NON-TANGENT POINT; THENCE N83°30'25"W A DISTANCE OF 20.28 FEET TO A POINT ON CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 32°58'20% A RADIUS OF 357.73 FEET, A DISTANCE OF 205.87 FEET,THE CHORD OF WHICH BEARS N32°18'26"E A DISTANCE OF 203.04 FEET TO A POINT OF TANGENT; THENCE N48°47'36"E A DISTANCE OF 90.39 FEET TO SAID SOUTHWESTERLY LINE; THENCE S32"54'19"E A DISTANCE OF 20.21 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.132 ACRES(5,748 SQUARE FEET, MORE OR LESS). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. RICHARD W. PALS, REGISTERED LAND SURVEYOR COLORADO NO. 31938 FOR AND ON BEHALF OF THE ENGINEERING COMPANY 05073UE5.doe 7. 0 EXHIBIT C 05073UE5 Page 2 of 2 S89'53'27"E 2646,00' T POINT OF COMMENCEMENT — — — — — — y�,. NORTHWEST CORNER SECTION 12 NORTH 1j4 CORNER SECTION 11 TOWNSHIP 7 NORTH RANGE 69 WEST TOWNSHIP 7 NORTH RANGE 69 WEST FOUND 3 1/4" BRASS CAP /\ FOUND A 1/2" BRASS CAP SJ STAMPED "COLO. DEPT. OF HIGHWAYS" �STA QED -51. 512. i/4. T7N, NEC*" A 1AS;� qt A MONUMENT BOX PER MONUMENT IN CONCRETE, DOWN Q8 FEE`. �i� �g,`RECORD DATED JULY, 1995 i ` Si f N9 �� NM Oti06t4 p ����Ea`o��° V 7 \ S48'47'36'W +6 / t T 87.48' \ \ G A=32'24'52" R=337,73' t. L=191.07' A� Chord=S32'35'10"W \ \ 188.53' R=3577s 3� \\ \\ L=205.87' \ \ Chord=N3218'26"E t I N83'30'25"W 203.04' 20.28' CITY OF FORT COLLINS \ v W Z Oz \ '�U rvQ N m z w C -O \ py 3 om ^WEST 1/4 CORNER SECTION 12 POUND 2" ALUMINUM CAP —STAMP`C "T7N R69W, Sll, 512, 1/1 LS 17497, 2004' /\ IN CONCRETE CURB- / 1P 57,,�t 1�cG QP / THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT y EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. THIS DRAWING DOES NOT REPRESENT A ONLY INTENDED SURVEY AND IS E 0 50 100 150 200 ONLY INTENDED TO DEPICT THE Scale: 1,,=100' ATTACHED LEGAL DESCRIPTION. The Engineering Company LEGAL DESCRIPTION u1 e��r�o,p�cinaaa swua F7ncolw.s,cnsosu EXHE3IT (970) 7477 CITY OF FORT COLLINS EXHIBIT D Page 1 of 2 2310 East Prospect Fort. Cottins, CO 80525 ph.970.484.7477 LEGAL DESCRIPTION fo: 970,484.7488 PERMANENT ELECTRIC LINE EASEMENT www.tec-engrs.com A 10.00 FOOT WIDE PERMANENT ELECTRIC LINE EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS:THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 7 NORTH;RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE NORTH END BY A 3 1/4"BRASS CAP STAMPED"COLO. DEPT.OF HIGHWAYS"AND AT THE SOUTH END BY A 2"ALUMINUM CAP STAMPED"77N R69W, S11. S12, 1/4, LS 17497,2004" IS ASSUMED TO BEAR S00°07'38"E COMMENCING AT THE 3 1/4" BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 12, FROM WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 12 BEARS S89-53'27"E A DISTANCE OF 2646.00 FEET; THENCE S37005'11"E A DISTANCE OF 1131.60 FEET TO THE POINT OF BEGINNING, THENCE S36045'00"E A DISTANCE OF 400.38 FEET; THENCE S39017'30"E A DISTANCE OF 157,08 FEET; THENCE S76°06'02"E A DISTANCE OF 76.00 FEET; THENCE S44623'00"E A DISTANCE OF 14.00 FEET; THENCE S10"59'00"E A DISTANCE OF 55.00 FEET TO THE POINT OF TERMINUS. CONTAINING A CALCULATED AREA OF 0,161 ACRES(7,025 SQUARE FEET, MORE OR LESS). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT• 1, RICHARD W. PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. RICHARD W. PALS, REGISTERED LAND SURVEYOR COLORADO NO. 31938 FOR AND ON BEHALF OF THE ENGINEERING COMPANY 05073UA2.doc rc� 05073UA2 EXHIBIT D Page 2 of 2 I S89'53'27"E 2646,00' — POINT OF COMMENCEMENT NORTHWEST CORNER SECTION 12 NORTH 1/4 CORNER SECTION 12 TOWNSHIP 7 NORTH.RANGE 69 WEST TOWNSHIP 7 NORTH RANGE 69 WEST FOUND 3 1/4" BRASS CAP FOUND 4 1/2" BRASS CAP STAMPED "COLO. DEPT. OF HIGHWAYS" STAMPED "S1, 512, 1/4, T7N, R69W" JJ 0,.�` N A MONUMENT BOX PER MONUMENT IN CONCRETE, DOWN 0.8 FEET. `7(6O1�, RECORD DATED JULY, 1995 O PO�JSH Y Oc�f,SM�d 40S' Q�09 BPS I / / CITY OF FORT COLLINS CL 10' WIDE ELECTRIC / \ LINE EASEMENT r S3645'00"E w O1 400.38' o a°z wN m WLLLL �0 mp U N�O $� 33 om � Z m WEST 1/4 CORNER SECTION 12 S39'1 T30"E FOUND 2" ALUMINUM CAP 15T08' STAMPED "T7N R69W, 511, 512, 1/4, LS 17497, 2004" S76'06'02"E 76.00' IN CONCRETE CURB. / S44'23'O0"E 14.00' 510'59'00"E 55. POINT OF 00' TERMINUS d / / 04 NIP by S / aJ4� �j�. P C c�O/G 40�`E QP C''��/ THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT ,i{" EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. THIS DRAWING DOES NOT REPRESENT 0 50 100 150 200 A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE Scale: I"=100' 4 ATTACHED LEGAL DESCRIPTION. The Engineering Company LEGAL DESCRIPTION ZIO i P�Mn d. SuiI Fort CW1iM0OW5n EXHIBIT (!?M)4 7477 CITY OF FORT COLLINS EXHIBIT E Page 1 of 2 2310 East Prospect Fort ColLSns, CO 80525 ph:970.484.7477 fo:970.484.7488 LEGAL DESCRIPTION www.tec-engrs.com PERMANENT TELEPHONE LINE EASEMENT A 10,00 FOOT WIDE PERMANENT TELEPHONE LINE EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 12,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,COUNTY OF LARIMER, STATE OF COLORADO, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS:THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE NORTH END BY A 3 1/4" BRASS CAP STAMPED"COLO.DEPT. OF HIGHWAYS"AND AT THE SOUTH END BY A 2"ALUMINUM CAP STAMPED "T7N R69W,S11, S12, 1/4, LS 174w,2004 IS ASSUMED TO BEAR S00007'38"E- COMMENCING AT THE 3 1/4" BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 12, FROM WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 12 BEARS S8W53'27"E A DISTANCE OF2646.00 FEET; THENCE S36°47'41"E A DISTANCE OF 1048,65 FEET TO THE POINT OF BEGINNING, SAID POINT LIES 5.00 FEET, MEASURED AT RIGHT ANGLES, SOUTHWEST OF THE SOUTHWEST LINE OF A PROPOSED UTILITY EASEMENT; THENCE S32054'19"E PARALLEL WITH SAID SOUTHWEST LINE A DISTANCE OF 92.76 FEET; THENCE S14037'31"W A DISTANCE OF 157.31 FEET TO A POINT ON CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 45°49'03 A RADIUS OF 357.50 FEET, A DISTANCE OF 285.88 FEEET,THE CHORD OF WHICH BEARS S20°48'4T'E A DISTANCE OF 278.32 FEET TO A NON-TANGENT POINT; THENCE S18'45'44"W A DISTANCE OF 206.07 FEET TO THE POINT OF TERMINUS, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF LOT 7,BLOCK 3 OF THE MAP OF THE TOWN OF FORT COLLINS DATED JANUARY 16, 1873 AND RECORDED IN BOOK 1 AT PAGE 48, LARIMER COUNTY RECORDS, FROM WHICH THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID BLOCK 3 OF SAID MAP BEARS S48050'00"E A DISTANCE OF 184,88 FEET. CONTAINING A CALCULATED AREA OF 0.170 ACRES (7,420 SQUARE FEET, MORE OR LESS). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT: 1, RICHARD W. PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. RICHARD W. PALS,REGISTERED LAND SURVEYOR COLORADO NO, 31938 FOR AND ON BEHALF OF THE ENGINEERING COMPANY 05073UE4.doe w EXHIBIT E 05073UEI Page 2 of 2 S89'53'27"E 2646.00' POINT OF COMMENCEMENT / NORTHWEST CORNER SECTION 12 NORTH 1/4 CORNER SECTION 12 / TOWNSHIP 7 NORTH RANGE 69 WEST TOWNSHIP 7 NORTH RANGE 69 WEST JJJ FOUND 3 1/4" BRASS CAP FOUND 4 1/2" BRASS CAP >OSAJ, STAMPED "COLO. DEPT. OF HIGHWAYS" STAMPED "St, 512, 1/4, T7N, R69W" 9e6s RECORD DATEDTJBOY P995MONUMENT / IN CONCRETE, DOWN 0.8 FEET. 'COS / S32'54'19"E 92.76' \ \ S14'37'31"W 157.31' \ CITY OF FORT COLLINS \ \ I \ � I \ CL 10' WIDE \\ TELEPHONE EASEMENT m \ Z o �Z�y QU N` W W w p1 W m A=45'49'03" p R=357.50' L=285.88' 05 Chord-S20'48'47'E o m 278.32' z WEST 1/4 CORNER SECTION 12 FOUND 2" ALUMINUM CAP STAMPED "T7N R69W, SIT, 512. 1/4. LS 17497. 2004' IN CONCRETE CURB. / S18'45'44"W 206.07' POINT OF / TERMINUS d SAes O 00. o-$ s�f�L THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT X EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. THIS DRAWING GOES NOT REPRESENT O 5O 1O0 1$0 200 A MONUMENTEO SURVEY AND IS ONLY INTENDED TO DEPICT THE Scale: 1"=100' ATTACHED LEGAL DESCRIPTION. The Engineering Company LEGAL DESCRIPTION 2110Pa¢Prorpect Raw, Saime Fort Callim,Ca B0525 EXHIBIT (4T0)48474n »,.,..l.a . CITY OF FORT COLLINS ORDINANCE NO. 061, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING AN ALLEY RIGHT-OF-WAY ESTABLISHED AS PART OF THE 1873 MAP OF THE TOWN OF FORT COLLINS WHEREAS, in 1873, by an order of the Board of County Commissioners of Larimer County, the Town of Fort Collins was incorporated; and WHEREAS, in its order the Board of County Commissioners also established the Town Map, which included an alley on Block 3 of the Town of Fort Collins; and WHEREAS, the City Council has received a request to vacate this alley; and WHEREAS, said portion of alley right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation, provided that a utility easement be reserved unto the City; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portion of alley right-of-way, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished, reserving the same unto the City as a utility easement. Introduced, considered favorably on first reading, and ordered published this 4th day of April, A.D. 2006, and to be presented for final passage on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of April, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT"A" LEGAL DESCRIPTION ALLEY VACATION THAT ALLEY IN BLOCK 3 OF THE MAP OF THE TOWN OF FORT COLLINS RECORDED IN BOOK 1 AT PAGE 48, LARIMER COUNTY RECORDS,WHICH LIES SOUTHWESTERLY OF LOTS 1, 3, 5, 7, 9, 11, 13, AND 15 OF SAID BLOCK 3 OF SAID MAP LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHWESTERLY LINE OF SAID LOTS 1, 3, 5, 7, 9, 11, 13,AND 15, OF SAID BLOCK 3 IS ASSUMED TO BEAR S48°50'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 15; THENCE S48050'00"E ON SAID SOUTHWESTERLY LINE A DISTANCE OF 400.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE S41"10'00"W A DISTANCE OF 20.00 FEET TO THE MOST EASTERLY CORNER OF LOT 2 OF SAID BLOCK 3; THENCE N48"50'00"W A DISTANCE OF 400.00 FEET TO THE MOST NORTHERLY CORNER OF LOT 16 OF SAID BLOCK 3; THENCE N41°10'00"E A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 0.184 ACRES (8000 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING, LEGAL DESCRIPTION STATEMENT: I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. RICHARD W. PALS, REGISTERED LAND SURVEYOR COLORADO NO. 31938 FOR AND ON BEHALF OF THE ENGINEERING COMPANY 05073VAC1 ExhibitA.doc File: I:\2005 Surysy\0507305\dwg\Exhibit\05073yacl.dwg Layout = VACI Aced Rol 16.0 Last Plotted on: January 23 2006 03:27:28 PM POINT OF BEGINNING N41'I O'00"E \ 20.00' m N \ N48'50'00"W TOWN OF 400.00' a �+ FORT COLLINS \ —BOOK 1 PAGE 48 N BLOCK3 ALLEY TO o cn BE VACATED LAGUNITAS BASIS OF BEARING3� WILLOW,INC. S48'50'00"E RECEPTION 2003-0090165165 400.00' LAGUNITAS GIDDINGS,INC. N Q RECEPTION NO. Oa 2003-0124352 Cn Cn � w N S41'1000 W 20.00 PINE STREET Ia] n(HI Or why A (.I TOWN OF N FORT COLLINS BOOK 1 PAGE 48 o BLOCK2 0 J I 0 50 100 15 20 00 — — — — — 1 Scale: i "=100' N THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. I— THIS DRAWING DOES NOT REPRESENT A MONUMENTED SURVEY AND IS " ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. -*The Engineering Company LEGAL DESCRIPTION 2310 East Prospect Ruud, Suite B Fort Collins,CO 80525 CITY EXHIBIT OF FORT COLLINS (970)484-7477 www.tec-engrs.com