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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/21/2006 - FIRST READING OF ORDINANCE NO 050, 2006, AUTHORIZI ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: March 21, 2006 FORT COLLINS CITY COUNCIL STAFF: John Stokes SUBJECT First Reading of Ordinance No. 050, 2006, Authorizing the Conveyance of Non-exclusive Easement Interests for the Construction of a Sanitary Sewer Line By the South Fort Collins Sanitation District On a Portion of Fossil Creek Reservoir Regional Open Space. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Land Conservation and Stewardship Board unanimously recommended approval of the project at its March 8th meeting. FINANCIAL IMPACT Fossil Creek Regional Open Space is jointly owned by the City of Fort Collins and Larimer County and each entity is entitled to receive 50% of the proceeds from any sale of an interest in land. Total proceeds from the sale, based on a fair market appraisal, will be $57,500. In addition, the District will pay an additional $14,720 for restoration of the surface to its natural condition after the construction of the sewer line. EXECUTIVE SUMMARY The South Fort Collins Sanitation District wishes to acquire a permanent right-of-way as well as temporary construction easements in order to install, maintain, and repair a sanitary sewer line on the Fossil Creek Reservoir Regional Open Space. The new sanitary sewer and related easements will parallel an existing right-of-way and sewer line that the District currently maintains on the property. The new sewer line will replace the existing sewer line which is not capable of providing adequate service. BACKGROUND The South Fort Collins Sanitation District is located near the southwest corner of the Fossil Creek Regional Open Space. The District wishes to acquire a new right-of-way and temporary construction easements along a line that approximately runs west to east along the south shore of Fossil Creek Reservoir and that then turns to the southeast and runs out to State Highway 392 (see attached aerial photo). The new line will service infrastructure on the east side of I-25 and replace an existing sewer line. The total acreage affected by the permanent right-of-way is 4.465 acres. The District is compensating the County and City (joint owners of the property) in the March 21, 2006 -2- Item No. 15 amount of$57,500. The District also will pay the parties an additional $14,720 for restoration of the surface to native plant materials. The County and City will be responsible for this restoration. Construction of the new line will not be permitted from November 15 thru March 15 in order to prevent any possible disturbance to bald eagles roosting in the area. The District and the County (the managing entity of the open space) will closely coordinate to minimize the impacts to visitors. There may be brief periods of time when it will be necessary to close the visitor center to ensure visitor safety and comfort. Construction is expected to begin this summer and to be completed in advance of November 15th. yfi�4r Y F 3 ! S f � P E vw Y t 1 `t. !f� IA pp i r i f +�r yr+ _ y L■ )i 9 pt i ..a . - � ; l ,r f ORDINANCE NO. 050, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A SANITARY SEWER LINE BY THE SOUTH FORT COLLINS SANITATION DISTRICT ON A PORTION OF FOSSIL CREEK RESERVOIR REGIONAL OPEN SPACE WHEREAS, the City of Fort Collins owns jointly with Larimer County certain real property located in Larimer County, Colorado, known as the Fossil Creek Reservoir Regional Open Space (the"Open Space"); and WHEREAS, the South Fort Collins Sanitation District (the "District") has requested easements required for the construction of a new sanitary sewer line to provide service to properties to the east of Interstate 25,including facilities owned by Larimer County and known as"The Ranch"; and WHEREAS, in order to install the sewer line, the District has requested a non-exclusive temporary construction easement over portions of the Open Space, as described on Exhibit "A", attached hereto and incorporated herein bythis reference(the"Temporary Construction Easements"); and WHEREAS, the District has further requested a non-exclusive permanent easement over portions of the Open Space,as described in Exhibit`B",attached hereto and incorporated herein by this reference(the"Permanent Easements"),in order to provide for ongoing operation,maintenance and access to the sewer line, in perpetuity; and WHEREAS,City staffhas negotiated with the District a form of Easement Agreement, dated March 15, 2006, which is on file in the office of the City Clerk and available for public inspection (the "Easement Agreement"), and which includes specific conditions governing the operation, maintenance, and repair of the proposed sewer line; and WHEREAS, in exchange for the grant of the Temporary Construction Easements and Permanent Easements, the District has agreed to pay to the City and the County a total of fifty percent of the fair market value of the real property where the Easements will be situated, in the amount of$57,500; and WHEREAS, the District has agreed to regrade the areas impacted by construction in accordance with industry standards, and to pay to the City and the County the amount of$14,720 to cover the costs of revegetation of the disturbed areas of the Open Space; and WHEREAS,staff recommends approval of the Temporary Construction Easements and the Permanent Easements in view of the public needs to be served by the District's project, and the resource protection measures to which the District has agreed; 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 Temporary Construction Easements and the Permanent Easements, upon the terms and conditions described above,is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute easement agreements consistent with this Ordinance for the purpose of conveying to the District the Temporary Construction Easements and Permanent Easements,in substantially the form of the above-referenced Easement Agreement,with such additional terms and conditions,including any necessary corrections to the legal descriptions thereon that do not result in a material increase or change in character of the intended easement areas,as the City Manager,in consultation with the City Attorney,determines to be necessary or appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 21 st day of March, A.D. 2006, and to be presented for final passage on the 4th day of April, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 4th day of April, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION SOUTH FORT COLLINS SANITATION DISTRICT TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THOSE TRACTS OF LAND DESCRIBED AT RECEPTION NUMBER 2002016952 AND AT RECEPTION NUMBER 2002017342, LARIMER COUNTY RECORDS LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 17 AND IN THE SOUTH ONE-HALF OF SECTION 16, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE SOUTH LINE OF THE SOUTHWEST ONE"QUARTER OF SAID SECTION 16 BEING MONUMENTED AT THE WEST END BY 3 1/4"ALUMINUM CAP IN A MONUMENT BOX AND AT THE EAST END BY A 3 1/4'ALUMINUM CAP STAMPED'PLS 5028, 1/4, 16, 21"IN A MONUMENT BOX IS ASSUMED TO BEAR S86058'44"E. COMMENCING AT THE ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE N43"40'02'W A DISTANCE OF 2542.06 FEET TO THE POINT OF BEGINNING,FROM WHENCE THE NORTHEAST CORNER OF BOOK 1587 PAGE 592, LARIMER COUNTY RECORDS, BEARS N00'26'51"E A DISTANCE OF 109.43 FEET,SAID POINT BEING ON THE EAST LINE OF SAID BOOK 1587 PAGE 592; THENCE N00"26'51'E A DISTANCE OF 50.87 FEET; THENCE N79`SV39'E A DISTANCE OF 35.54 FEET; THENCE S78'53'48'E A DISTANCE OF 399.69 FEET; THENCE N81'35'11"E A DISTANCE OF 376.87 FEET; THENCE S79055'1WE A DISTANCE OF 396.85 FEET; THENCE S86"50'18'E A DISTANCE OF 399.96 FEET; THENCE S77"28'34"E A DISTANCE OF 378.57 FEET; THENCE S60"13'57"E A DISTANCE OF.396.89 FEET; THENCE S59°45'59'E A DISTANCE OF 358.38 FEET; THENCE N74'21'51"E A DISTANCE OF 231.35 FEET; THENCE S75'11'52E A DISTANCE OF 11224 FEET; THENCE S35'43'12•E A DISTANCE OF 98.12 FEET; THENCE S88"00'33"E A DISTANCE OF 316.36 FEET; THENCE N66'30'5TE A DISTANCE OF 396.36 FEET; THENCE S69'03'01"E A DISTANCE OF 389.25 FEET; THENCE S54'20'53"E A DISTANCE OF 388.95 FEET; THENCE S40'48'56'E A DISTANCE OF 369.53 FEET; THENCE S61'05'20"E A DISTANCE OF 382.72 FEET, THENCE S48"54'19"E A DISTANCE OF 1070.04 FEET; THENCE S80'48'01'E A DISTANCE OF 202.30 FEET TO A POINT WHICH LIES 80.00 FEET,MEASURED AT RIGHT ANGLES, NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 16; THENCE S86°55'WE PARALLEL WITH SAID SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 391.54 FEET; THENCE S37044'52'E A DISTANCE OF 66.07 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 32 AS DESCRIBED IN ROAD VIEWER'S REPORT BOOK 5 PAGE 57, LARIMER COUNTY RECORDS; THENCE N86'55'54"1N ON SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 698.48 FEET; THENCE NO3'20'22E A DISTANCE OF 88.51 FEET; THENCE N48'54'19"W A DISTANCE OF 1007.97 FEET; THENCE N61"05'20"W A DISTANCE OF 384.52 FEET; THENCE N40'48'56'W A DISTANCE OF 371.04 FEET; THENCE N54'20'53W A DISTANCE OF 382.75 FEET; 04003tetA.doc The Engineering Co• 2310 East Prospect• Ft. Collins, CO 80525 • Phone(970) 484-7477 • FAX(970)484-7488 Page 1 of 6 THENCE N69"03'01"W A DISTANCE OF 375.81 FEET; THENCE S66"30157"W A DISTANCE OF 391.79 FEET; THENCE N88"00-33"W A DISTANCE OF 334.29 FEET; THENCE N35043'12 W A DISTANCE OF 101.42 FEET; THENCE N75-11-52-W A DISTANCE OF 96.46 FEET; THENCE S74"21'51"W A DISTANCE OF 235.13 FEET; THENCE.N59046'59"W A DISTANCE OF 398.44 FEET; THENCE S29"46'03"W A DISTANCE OF 2524 FEET; THENCE N60013'57"W A DISTANCE OF 359.63 FEET; THENCE N77"28'34"W A DISTANCE OF 366.89 FEET; THENCE N86.50'18'W A DISTANCE OF 398.89 FEET; THENCE N79"55'13"W A DISTANCE OF 391.73 FEET; THENCE S81"35'11"W A DISTANCE OF 377.33 FEET; THENCE N78"53'48W A DISTANCE OF 398.91 FEET; THENCE S79"51'33"W A DISTANCE OF 35.50 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 5.917 ACRES(257,762 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING, THIS EASEMENT SHALL TERMINATE ON DECEMBER 31,2006. LEGAL DESCRIPTION STAT MENT 1, RICHARD W. PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPT D ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CH THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. 0p /Sri V��pMIALrFq'9�na / 31938 4- 1200'j RICHARD W. PALS, REGISTERED SIIRVEY0 COLORADO NO. 31938 spy •• .....••'� FOR AND ON BEHALF OF THE EN IN Y i I 04003tsIA.tloc Page 2 of 6 Z N _ V d m Qm rmu a w HyO ➢�Or' mm V CD e � � g�8�'gXb zo m @y ➢" za oe n�N d 3 ^J n ( N A 2 a C m j��• �'� � �z Z. 4v wm mm c ul N 3 w m rl m o u�i I . £u F uvi die g$ A 4£ 2 O ; J i. Uqb P 9� /��temu rnm myn o yob it �• mJ m$- m 4 - — — a N0014'37"E z N m ICE 3V N n C,Zd mCFo z Z Z Lr?yjT I (4jIN � NO J m i n n� m U' soP� U m oym O pp "K-fi m ai E i o'w a %➢ z z m Q y O u E F N u m saghSS11 4 A � �➢� 2� uj O A N Z U m J_ c 2S J 'q o 1 q Fo m 0 Nm C U \C 1 fi�O A _� A O 444JJJJ UAi N r O u �a�\ mF1 �Z N m 0• Nm4 m' T O O A m ➢W O 1 2 m y O P O U ; A m QQ QO m N --�NOlrl/IS ZiV�2 InN Zyy IV Z ywU U ti MO I-OPA VIA �fn OIl1U� FmOml w jNA K2A1.1 Lm� q 4iA vb_O J4 L] ZNUC� F1�1py� U U m y .1 zz RI OZai 'I O 4 -Zi2< 0 F W 0 'v 11d� m20 I' m [Nil O NC. m N mm d O %➢mom Z. �O<2 I mF O N 42 1.UI�71U N r \NW d ' 2s• mA � M O A b i b N � A 02U 10 U1N A >Z= �p•AC O Zt� A jz 050Oa SOT O N OP � Z S^ZUO �WISI I Z�N a U Ip Zvw N r4 -lam I 'm mON'. V a m>d �a Fy w rn +I < a z g �i$z$ Z m u m w sovao O N (Am ��O ~ m4imN b V U\O VOSOo p A U T N O m A-f 2 ag-:m ➢a Gs6 �a m C, $m' of u�Z � n a o= A 9 P 0m;m r+ v NU 2tz NjA Om C-'UU NN i I N O Z I1 V] � mU 4U Om ZNDy d n ON 1p0 p SQ. y vm UUI m2 AU m XDOOI A z � � G Page 3 of 6 LEGAL DESCRIPTION SOUTH FORT COLLINS SANITATION DISTRICT TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 2002017342,LARIMER COUNTY RECORDS LOCATED IN THE SOUTH ONE- HALF OF SECTION 16,TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION /6 BEING MONUMENTED AT THE WEST END BY 31/4"ALUMINUM CAP IN A MONUMENT BOX AND AT THE EAST END BY A 31/4'ALUMINUM CAP STAMPED'PLS 5028, 114, 16,21"IN A MONUMENT BOX IS ASSUMED TO BEAR S86058'44"E. COMMENCING AT THE ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE N00"14'37"E ON THE WEST LINE OF SAID SECTION 16 A DISTANCE OF 1785.32 FEET TO THE POINT OF BEGINNING; THENCE S77028'340E A DISTANCE OF 216.99 FEET; THENCE 86001 T5TE A DISTANCE OF 403.11 FEET; THENCE S59'45'59"E A DISTANCE OF 341.02 FEET; THENCE N74'21'51'E A DISTANCE OF 225.31 FEET; THENCE S76"11'520E A DISTANCE OF 137.47 FEET; THENCE S35'43'12"E A DISTANCE OF 92.83 FEET; THENCE S88'00'33"E A DISTANCE OF 287.69 FEET, THENCE N66'30'S7"E A DISTANCE OF 403.65 FEET, THENCE S69'03'01'E A DISTANCE OF 410.75 FEET; THENCE S54"20'53'E A DISTANCE OF 398.86 FEET; THENCE S40'48'56"E A DISTANCE OF$ TI&FEET, THENCE S61'05'20'E A DISTANCE OF 379.84 FEET; THENCE S48654'19"E A DISTANCE OF 1002.88 FEET; THENCE S80"48'01"E A DISTANCE OF 188.73 FEET TO A POINT WHICH LIES 120.00 FEET, MEASURED AT RIGHT ANGLES, NORTH OF THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 16; THENCE S86055'54'E PARALLEL WITH SAID SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 407.71 FEET; THENCE S37'4452'E A DISTANCE OF 118.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 32 AS DESCRIBED IN ROAD VIEWER'S REPORT BOOK 5 PAGE 57, LARIMER COUNTY RECORDS; THENCE S86'55'S4"E ON SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 72.67 FEET; THENCE N37'44'52"W A DISTANCE OF 191.59 FEET; THENCE N86"55'54°W A DISTANCE OF 429.93 FEET; THENCE N80'48'01'W A DISTANCE OF 170.07 FEET; THENCE N48'54'19'W A DISTANCE OF 1053.03 FEET; THENCE N61"05'2G W A DISTANCE OF 375.87 FEET; THENCE N40'4966"W A DISTANCE OF 363.82 FEET; THENCE N54'20'53"W A DISTANCE OF 412.47 FEET; THENCE N69003'01"W A DISTANCE OF 440.31 FEET; THENCE S66'30'57W A DISTANCE OF 413.68 FEET; THENCE N88°00'33"W A DISTANCE OF 24826 FEET; THENCE N35043'12W A DISTANCE OF 85.57 FEET; THENCE N75'11'52'W A DISTANCE OF 172.17 FEET; THENCE 374021'51'W A DISTANCE OF 217.00 FEET; THENCE N59045'59"W A DISTANCE OF 347.31 FEET TO THE SOUTHERLY LINE OF FOSSIL CREEK 04003telB.aoc The Engineering Co • 2310 East Prospect•Ft. Collins, CO 80525 • Phone(970)484-7477•FAX(970)484-7488 Page 4 of 6 RESERVOIR AS SHOWN ON THE PLAT OF SURVEY OF THE SOUTHERLY AND EASTERLY LINES OF FOSSIL CREEK RESERVOIR PREPARED BY STEWART AND ASSOCIATES DATED NOVEMBER 16, 1969; THENCE ON SAID SOUTHERLY LINE OF SAID FOSSIL CREEK RESERVOIR THE FOLLOWING THREE(3) COURSES: 1. N70°1345W A DISTANCE OF 185.98 FEET; 2. N62025'00V A DISTANCE OF 284.51 FEET; 3. N80°40'15V A DISTANCE OF 138.93 FEET TO SAID WEST LINE OF SAID SECTION 16: THENCE S00014'37'W A DISTANCE OF 32.08 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 6.584 ACRES(286,782 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. THIS EASEMENT SHALL TERMINATE ON DECEMBER 31,20'O6. 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 RESPONSIBL D ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. o GIST t UO`':Qp WAITF�'gFa =� 31938 124 +200 5 RICHARIJ W. PALS, REGISTE L4ND SURV COLORADO NO.31938 Fss Q FOR AND ON BEHALF OF THE PANY 04003fe1 B.doc Page 5 of 6 i N N V � V T O m u 9 A m Z N N E° Cif nn � m Qi i IQco`-� f P ��� m- o � 3� ���► u a N00'I4'37"E 1785.32' v l l O a�oDOSA oON9 a � V A ZZO O�< a' ZZ_z^F1� I NV �1_" iu o ... -4 O,F.Imy ppp9 G1] mA Nm 01m O O, XUm H J�O y m Ou mN Nm m 4, F tl P mm f m N yy sm fO C u � N m m m 55' _mac,$ [i�u oym Lrn. m�.1w zap " ZP��Z. IO!`I Z2 aV�. O-W ON JVfJ O Cg O j yA, + q m .Nam' tTj�. O W INj s J' iu,^cyQ a � uF D9 w »_ ON y�., XDm SOI I 2 T' MUVw^ 6 yM m A N 2 M. m J p y0>N .n f 11Cp U� � m ZZFzm n]I a .a0 V a tay9 . ci u,.1. .,4� `q pti F _O C v m M—n " Q'�N 4 a rA'2r12 ZDS pp' O Oa F< 9p9 (Q. I y�m .6Va u2 N mvaa C�r $ym a�.�4 Vf.e�D u$ o y�my0 I -.2q .al �a mP N 02�m Olmat LA i r< O m A tiUN G g Z NP-i mN I SS' OO NN• V 'mCy 0 bA m+ uin 120' of F mF Z?'zz 9 ZNOA Z'-�m qly ZNyy b mzm OXDOm G Page 6 of 6 i EXHIBIT "B" 2310 East Prospect .Fort Coltins, CO 80525 7* ph: 970.484.7477 fa:970.484.7488 LEGAL DESCRIPTION www.tec-engrs.com SOUTH FORT COLLINS SANITATION DISTRICT A SANITARY SEWER EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 2002016952,LARIMER COUNTY RECORDS LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 16 OF SAID TOWNSHIP AND SAID RANGE BEING MONUMENTED AT THE WEST END BY A 3114'ALUMINUM CAP IN A MONUMENT BOX AND AT THE EAST END BY A 3 1/4"ALUMINUM CAP STAMPED"PLS 5028, 1/4, 16, 21" IN A MONUMENT BOX IS ASSUMED TO BEAR S86058'44"E. COMMENCING AT THE ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE N00`14'3TE ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 1757.00 FEET TO THE POINT OF BEGINNING,SAID POINT BEING THE SOUTHEAST CORNER OF THAT EASEMENT AND RIGHT OF WAY DESCRIBED AT RECEPTION NUMBER 87047526, LARWER COUNTY RECORDS; THENCE S00"14'37 W ON SAID EAST LINE A DISTANCE OF 12.62 FEET; THENCE N77"28'34'W A DISTANCE OF 176.35 FEET; THENCE N86"50'18'W A DISTANCE OF 399.96 FEET; THENCE N79"55'13'W A DISTANCE OF 396.85 FEET; THENCE S81"35"11"W A DISTANCE OF 376.87 FEET; THENCE N78053"48 W A DISTANCE OF 399.69 FEET; THENCE S79"51'33W A DISTANCE OF 35.54 FEET TO THE EAST LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1587 AT PAGE 592, LARIMER COUNTY RECORDS; THENCE N00025'50'E ON THE EAST LINE OF SAID BOOK 1587 PAGE 592 A DISTANCE OF 18.56 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT AND RIGHT OF WAY; THENCE ON SAID SOUTHERLY LINE OF SAID EASEMENT AND RIGHT OF WAY THE FOLLOWING SIX(6) COURSES: 1. N84"10'51"E A DISTANCE OF 49.09 FEET; 2. S78'52'23"E A DISTANCE OF 384.00 FEET; 3. N81.18'37'E A DISTANCE OF 377.38 FEET; 4. S80"34'23'E A DISTANCE OF 462.87 FEET; 5. S89'03'23E A DISTANCE OF 355.00 FEET; 6. S69"15'57"E A DISTANCE OF 162.42 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.924 ACRES (40,263 SQUARE FEET), SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT 1, RICHARD W. PALS,A EGIST EYOR IN THE STATE OF COLORADO, DO HEREBY S THAT THE ABOVE LEG D ATTACHED EXHIBIT WERE PREPARED BY ME OR NDER Y DIRE�O N THE BASIS OF MY KNOWLEDGE, INFORMATION D B L F, IS C RE o: U 31938 RICHAkD W. PALS,REGIST tE& NO SURV 7 COLORADO NO. 31938 `F FOR AND ON BEHALF OF THE PANY 040095SEt.doc 1 Page 1 of 7 O a F� � rn Zwar w ��A 0 W Awe w vWisa � "aW �� ."'I. i a H O No mHO,w ..1 U O p U�N N� 2 W Cj w i a Ana m zy w` LL i m �Z,w PUS ~ W oa 4 owy rom�\ z wW f h � I o3opw n wa�ma � ¢wzaw W ZOZD < oi�FN i v _ _ .00'LSLI 3.Lf,h LOON ur�ao �3ain of IE F O X O<w V a O rb _ �y LLO JO zrcnnw �O .m annp2 ~ �0 Gw F Uti JZ }3KCN - N n JVI UaW �}FFX awn a m w ��. � nzwow y^ wm 8 3 �O a2 �aZWZ , 0M020 VI VIC Q JI n a � U W Z 6'n•U W }�- yT W yl m VI ZW m yOZJn a 0 LL _ , z 0 0 n a z x oo r - w w y - y ci O V N Z •- y _ Z ! a w U V n .a J �m w y fL � v n n n n w G+i a a m o z N Af'i s Q m z U 8� N � zyzy C4 ,frfrfr C 6) � KE". ci Page 2 of 7 2310 East Prospect Fort Collins, c0 80525 ph:970.484.7477 fa:970.484.7488 LEGAL DESCRIPTION www.tec-engrs.com SOUTH FORT COLLINS SANITATION DISTRICT EASEMENT A A SANITARY SEWER EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 2002017342, LARIMER COUNTY RECORDS LOCATED IN THE SOUTH ONE-HALF OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 16 BEING MONUMENTED AT THE WEST END BY A 31/4'ALUMINUM CAP IN A MONUMENT BOX AND AT THE EAST END BY A 3 1/4'ALUMINUM CAP STAMPED'PLS 5028, 1/4, 16,21' IN A MONUMENT BOX IS ASSUMED 70 BEAR S86058'44'E. COMMENCING AT THE ALUMINUM CAP MARKING THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE NOO°14'37°E ON THE WEST LINE OF SAID SOUTH ONE-HALF A DISTANCE OF 1744,38 FEET TO THE POINT OF BEGINNING THENCE S77"28'34'E A DISTANCE OF 202.22 FEET; THENCE S60013'57'E A DISTANCE OF 396.89 FEET; THENCE S59°45'59'E A DISTANCE OF 358.38 FEET: THENCE N74'21'51'E A DISTANCE OF 40.28 FEET TO POINT"A",SAID POINT BEING ON THE SOUTHERLY LINE OF A SANITARY SEWER RIGHT OF WAY DESCRIBED AT RECEPTION NUMBER 89055099, LARIMER COUNTY RECORDS; THENCE ON SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO(2) COURSES: 1. N59058'43"W A DISTANCE OF 789.66 FEET; 2. N74'47'35'W A DISTANCE OF 213.95 FEET TO SAID WEST LINE; THENCE SOO'14'37"W ON SAID WEST LINE A DISTANCE OF 40.71 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.667 ACRES(29,057 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. EASEMENTS TOGETHER WITH,A SANITARY SEWER EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 2002017342, LARIMER COUNTY RECORDS LOCATED IN THE SOUTH ONE-HALF OF SECTION 16,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 16 BEING MONUMENTED AT THE WEST END BY A 3 1/4'ALUMINUM CAP IN A MONUMENT BOX AND AT THE EAST END BY A 3 1/4'ALUMINUM CAP STAMPED"PLS 5028, 1/4, 16,21'IN A MONUMENT BOX IS ASSUMED TO BEAR S86058'44'E. COMMENCING AT SAID POINT"A"; THENCE N74'21'51'E A DISTANCE OF 36.61 FEET TO THE POINT OF BEGINNING,SAID POINT BEING ON THE NORTHERLY LINE OF A SANITARY SEWER RIGHT OF WAY DESCRIBED AT RECEPTION NUMBER 89065099, LARIMER COUNTY RECORDS; i SSE1Atloc - i Page 3 of 7 THENCE N74021'51"E A DISTANCE OF 154.46 FEET; THENCE S75911'52'E A DISTANCE OF 112.24 FEET; THENCE S35°43'12"E A DISTANCE OF 76.12 FEET TO A POINT ON SAID NORTHERLY LINE; THENCE ON SAID NORTHERLY LINE THE FOLLOWING SEVEN(7) COURSES: 1. S88404'21"E A DISTANCE OF 327.46 FEET; 2. N66433'51'E A DISTANCE OF 401.85 FEET., 3. S88946'500E A DISTANCE OF 395.27 FEET; 4. S64'14'56"E A DISTANCE OF 391.31 FEET; 5. S40'48'03"E A DISTANCE OF 368.66 FEET; 6. S80'46'50"E A DISTANCE OF 381.63 FEET; 7. S48"54'540E A DISTANCE OF 1127.19 FEET TO POINT"B'; THENCE S86"55'54"E PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 16 A DISTANCE OF 641.11 FEET; THENCE S37044'52'E A DISTANCE OF 58.70 FEET TO SAID NORTHERLY LINE; THENCE S86"52'590E ON SAID NORTHERLY LINE A DISTANCE OF 52.89 FEET; THENCE N37°44'52W A DISTANCE OF 111.61 FEET; THENCE N88'55'54'W A DISTANCE OF 407.71 FEET; THENCE N80048'01'W A DISTANCE OF 188.73 FEET; THENCE N48054'19"W A DISTANCE OF 1062.88 FEET., THENCE N61'05'20'W A DISTANCE OF 379.84 FEET; THENCE N40°48'58W A DISTANCE OF 367.13 FEET; THENfiE N54'20'53W A DISTANCE OF 398.85 FEET; THENCE N69'03'01°W A DISTANCE OF 410.75 FEET: THENCE S66'30'57'W A DISTANCE OF 403.65 FEET; THENCE N88'00'33W A DISTANCE OF 287.69 FEET; THENCE N35043'12%Al A DISTANCE OF 92.83 FEET; THENCE N75'11'52'W A DISTANCE OF 137.47 FEET; THENCE S74°21'51 W A DISTANCE OF 213.08 FEET TO SAID NORTHERLY LINE; THENCE ON SAID NORTHERLY LINE THE FOLLOWING TWO(2)COURSES; 1. S59'58'43"E A DISTANCE OF 43.71 FEET; 2. 878040'43'E A DISTANCE OF 19.27 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 2 820 ACRES(122,820 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. EASEMENT C TOGETHER WITH,A SANITARY SEWER EASEMENT OVER AND ACROSS THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 2002017342, LARIMER COUNTY RECORDS LOCATED IN THE SOUTH ONE-HALF OF SECTION 16,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: BARTER OF SAID SECTION 16 BASIS MONUMEN ED AT THE WEST END BY A 3114"ALUMIN M CAP IIN A MONUMENT BOX AND AT THE EAST END BY A 3 1/4"ALUMINUM CAP STAMPED'PLS 5028, 114, 16, 21° IN A MONUMENT BOX IS ASSUMED TO BEAR S86'58'44"E. 04003SSEIAdw j Page 4 of 7 COMMENCING AT SAID POINT"B"; THENCE S77"35'58"W A DISTANCE OF 24.88 FEET TO THE POINT OF BEGINNING,SAID POINT BEING ON THE SOUTHERLY LINE OF A SANITARY SEWER RIGHT OF WAY DESCRIBED AT RECEPTION NUMBER 89055099, LARIMER COUNTY RECORDS; THENCE N480SW54V ON SAID SOUTHERLY LINE A DISTANCE OF 50.59 FEET; THENCE S03'20'22"W A DISTANCE OF 74.52 FEET TO THE NORTH RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 32; THENCE S86"55'54"E ON SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET; THENCE NO3"20'22"E A DISTANCE OF 43.36 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 0.054 ACRES (2,368 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT7 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 RESPO E, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CO EC oDO AFG/gj. v0Qp WA4T'"F9Fa A. SQL )G_ 31938 �l z'/'Z 005 qRlCRrD W. PALS, RE RED LAND YOR COLORADO NO.31938 's Q FOR ANT.) ON BEHALF OF 1 COMPANY 04003SSEIA.doc f Page 5 of 7 w� z b o I b � I U Q QJ N s / p h / � W _ / pFl N FN 0300W a.^ 1 O \ Za 0 ON7�N � \\ � Nd z�pa0 0o rc UOH � oN o ,U nZZ. z a m @ \ N da Kea z N W azwz aW p z ; N I OY O � bRpWO ZNF �p m.�v nzd w � gip-K im mN bw�w rN. cina- NNn N N i : r K p p i I n II 1 0 O _pNjN 1 I 'p W W 3• . 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