HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/02/2009 - FIRST READING OF ORDINANCE NO. 070, 2009, AUTHORIZ ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: June 2, 2009
FORT COLLINS CITY COUNCIL STAFF: Dean Klingner
Helen Matson
Brian Pederson
SUBJECT
First Reading of Ordinance No. 070, 2009, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the
Harmony Road and College Avenue Improvements Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The total project is anticipated to cost $5,700,000, including design, acquisition and construction.
Property acquisition costs will be covered by available project funds,whether or not eminent domain
is required.
The project is funded by a combination of federal grant funds and Building on Basics 1/4-cent sales
tax funds for Intersection Improvements.
EXECUTIVE SUMMARY
The intersection of College Avenue and Harmony Road is one of the busiest in the City of Fort
Collins. Recent growth in the area and new construction along the Harmony Road corridor has
caused additional congestion and traffic delays at the intersection. The improvement project
requires acquisition of various real property interests from five different properties which are located
at the College/Harmony and Harmony/Mason intersections. This project is partially federally
funded through the Colorado Department of Transportation and, since the project will modify
College Avenue,which is a State highway,all aspects of the project,including property acquisitions,
must comply with procedures for federally funded projects. The acquisition phase of this project
will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions
Policies Act of 1970 as Amended (Public Law 91-646). In accordance with these regulations,
property owners must be informed about the possible use of eminent domain and their rights
pursuant to Colorado Statute in the official Notice of Interest Letter. The authorization from City
Council is needed prior to sending this information to property owners. This letter is the first
official step in the acquisition phase and happens prior to the appraisals.
June 2, 2009 -2= Item No. 23
Staff has developed a recommended timeline which would allow construction to begin in February,
2010. Given the recommended construction schedule for the project and the fact that the
acquisitions must be conducted under procedures for federally funded projects, timely acquisition
of the property interests is necessary. Therefore, staff is requesting authorization to use eminent
domain for all property acquisitions, if such action is necessary.
BACKGROUND
The preliminary designs for the proposed road improvements have been prepared, along with a
preliminary Right-of-Way Acquisition plan. Staff has sent the preliminary right-of-way plan and
other project information to the affected property owners. Staff has also personally met with those
property owners who have local representatives. The property owners have been notified that City
staff would be requesting approval to use eminent domain to acquire necessary property interests,
if needed. Additionally, City staff has mailed certified letters to all potentially affected property
owners informing them of this request to Council. Staff has not received any objections to this
proposed request from the owners during our meetings. Also, a public open house was held in the
shopping center at the southwest corner of College and Harmony on April 29, 2009. Property
owners and other local business owners in the area were invited to the open house.
Staff is optimistic that all property negotiations can be completed in good faith prior to the start of
the Project. However, given the construction schedule for the project and federal requirements,
timely acquisition of the property interests is necessary. Staff is requesting authorization of eminent
domain for all property acquisitions if such action is necessary.
ATTACHMENTS
1. Location Map
ATTACHMENT 1
Harmony Road & .College Avenue
Improvements Location Map
RAVIL-ION-L-N —
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-KE-NSINGT—ON D
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W-HARMONY-- DNWRD
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n PALMER-DR
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® Locations of Right of Way Acquisitions and Proposed Easements
ORDINANCE NO. 070, 2009
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 HARMONY ROAD AND COLLEGE AVENUE IMPROVEMENTS PROJECT
WHEREAS, the Harmony Road and College Avenue Improvements Project (the
"Project") is planned to be constructed in 2010; and
WHEREAS, the Project involves constructing additional turn lanes at the intersection of
Harmony Road and College Avenue and Harmony Road and Mason Street; replacing
pavement/concrete; improving pedestrian connections and bike lanes; modifying sidewalks,
traffic signals, and utility connections; and associated public improvements; and
WHEREAS, the Project will improve the current intersections to provide the safe flow of
traffic due to anticipated future development to the area; and
WHEREAS, it is necessary for the City to acquire certain property rights (the "Property")
hereinafter described on Exhibits "A" through "E", attached hereto and incorporated herein by
this reference (the "Exhibits"), for the purpose of constructing the Project; and
WHEREAS, the acquisition of the Property 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 City will negotiate in good faith for the acquisition of the Property from
the landowners; and
WHEREAS, the acquisition of the Property may, by law, be accomplished through
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 is necessary and in
the public interest to acquire the Property for the purpose of the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property for the City by eminent domain.
Section 3. The City Council finds, in the event that acquisition of the Property by
eminent domain is commenced, that immediate possession is necessary for the public health,
safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
June, A.D. 2009, and to be presented for final passage on the 7th day of July, A.D. 2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of July, A.D. 2009.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
TO BE ACQbIRED
FROM
Parcel No. 1 LN Real Estates, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
r
EXHIBIT "A"
Page 2of8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: 1
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. 1 of the Department of
Transportation, State o£ Colorado, Project No. STU M455-077,
containing 153 square feet (more or less) , located in the Southeast
Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Corrected Special Warranty Deed recorded August 23, 20D7 at
Reception No. 20070064770 records of the Clark and Recorder of the
said Larimer County, being more particularly described as follows;
Commencing at the Southeast corner of Section 35, T.7N. , R.69W. of the
6th P.M. ; THENCE along the South line of the said Southeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 568.89
feet; THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 50.00 feet to the Southeast corner of the said tract
described at Reception No. 20070064770 and to the TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
1 . THENCE along the South line of said tract, South 89 degrees 48
minutes 12 seconds West for a distance of 16.81 feet;
2. THENCE North 42 degrees 58 minutes 02 seconds East for a
distance of 24 .98 feet to the East line of the said tract;
3. THENCE along the said East line, south 00 degrees 41 minutes 12
seconds West for a distance of 18.22 feet to the POINT OF
BEGINNING.
The above described tract contains 153 square feet (more or less) and
is subject to all easements and rights of ways now existing or of
record.
EXHIBIT "A"
Page 3 of 8
Basis .of Bearings: Considering the South line of the said Southeast
Quarter of Section 35, 1.7N. , R.69W. of the 6th P. I. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Southeast corner of said Section 35 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the South Quarter
corner of said Section 35, being a Grid Bearing of the Colorado State
Plane Coordinate Syste Zone, North American Datum, 1983/2007 .
O g6GISTER�
PO. Lg S.PEf Q
Q.3c``a F�.•'.d
e• :J
LAWRENCE S. PEPEK COLORADO P.L.S. 33642
On behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE
WINDSOR, CO B0550
EXHIBIT "A"
PARCEL N0. 1 Page 4 Of 8 LOCATION
SECTION 35, T.7N., R.69W,
CORRECTED I fa
SPEC/AL WARRANTYDEED
REC.N0.100 70 0 64 770
0
I �
PARCEL NO. 1
r�
153 Sq.Ft. J
POINT OF
BEGINNING
L1 .t
I
1 .
10
I P
I
50,Row j 3
SOUTH QUARTER CORNER j SOUTHEAST CORNER
_ SECTION 35, T.7N., R.69W.
SECTION 35, T.7N., R.69W. I FOUND 2" PIPE WITH 2 1/2"
FOUND 2 3/8" PIPE WITH 10 ALUMINUM CAP STAMPED OB & CO
3 1/4" ALUMINUM CAP ILLEGIBLE I Z LS XXXXX AND 1984 IN MON. BOX
SET IN MONUMENT BOX I
I
I
2081.16' _ �f— _ _ 568.89'
S89'48'12"W 2650.05'
LINE TABLE (BASIS OF BEARING)
LINE BEARING LENGTH HAR><YIONYROAD
L1 S89'48'12"W 16.81'
L2 N42'5B'02" 24.98'
L3 S004112"W 18.22'
e
Lawrence S. Pepek — on behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor #33642
20 10 0 20
NOTE: This exhibit drawing is not Intended to be a
monumented land survey. It's sole purpose Is as a
graphic representation to old in the vlsuallzatlon of j 20
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO,STU Iv1455-077
65013.Garden Drive I Windsor,Colorado 80550 DATE: 5-18-09
phune:(970)686-5011 I fax:(970)686-5821 CLIENT: INTERWEST
kvxvw.kingsurveyors.cum DWG: 2008036EXH_1
EXHIBIT "A"
Page 5 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE1 LN Real Estate, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
]a
EXHIBIT "A"
Page 6 of 8
PROJECT NUMBER: STU M455--077
PARCEL NUMBER: TE1
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE1 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 4, 559 square feet (more or less) , located in the Southeast
Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Corrected Special Warranty Deed recorded August 23, 2007 at
Reception No. 20070064770 , records of the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Commencing at the Southeast corner of Section 35, T.70., R.69W. of the
6th P.M. ; THENCE along the South line of the said Southeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 568.89
feet; THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 50.00 feet to the Southeast corner of the said tract
described at Reception No. 20070064770; THENCE along the South line of
said tract, South 89 degrees 48 minutes 12 seconds West for a distance
of 16.81 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE continuing along said South line, South 89 degrees 48
minutes 12 seconds West for a distance of 420.07 feet to the
west line of the said tract;
2. THENCE along the said West line, North 00 degrees 41 minutes 12
seconds East for a distance of 6.00 feet;
3. THENCE North 89 degrees 48 minutes 12 seconds East for a
distance of 144. 14 feet;
4. THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 29.00 feet;
5. THENCE North 89 degrees 4B minutes 12 seconds East for a
distance of 65.00 feet;
6. THENCE South 00 degrees 11 minutes 48 seconds East for a'
distance of 29.00 feet;
EXHIBIT "A"
Page 7 of 8
7. THENCE North 89 degrees 48 minutes 12 seconds East for a
distance of 208.24 feet;
8. THENCE North 42 degrees 58 minutes 02 seconds East for a
distance of 28.98 feet to the East line of the said tract;
9. THENCE along the said East line, South 00 degrees 41 minutes 12
seconds West for a distance of 8.92 feet;
10. THENCE South 42 degrees 58 minutes 02 seconds West for a
distance of 24.98 feet to the South line of the said tract and
to the POINT OF BEGINNING.
The above described tract contains 4, 559 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the South line of the said Southeast
Quarter of Section 35, T.7N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2. 5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Southeast corner of said Section 35 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the South Quarter
corner of said Section, 35, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
�� sreR 9 9'ZOD/
'•O
u
LAWRENCE S. PEPEK COLORADO P.L.S. 33642 SfONA
On behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "A"
PARCEL NO. TE1 Page 8 of 8 LOCATION
SECTION 35, T.7N., R.69W.
I CORRECTED Q W
PARCEL NO, TE1 SPECIAL 6YARRANTYDEIrD I
4,559 S+Ft. REC.N0.20070064770 1
L
I � �
I J
N89'48'12"E 208.24'
Wi
S7B74B'12"W —42o.07'— 1
POINT OF
BEGINNING
i 50`RolI 589'48'12"W N00'11'48"W
16^81' 50.00'
`I I 2081.16 I 568.89'
j S89'48'12"W 2650.05' j
i (BASIS OF BEARING) HARMONYROAD
SOUTHEAST CORNER
SECTION 35, T.7N., R.69W.
FOUND 2" PIPE W17H 2 1/2"
ALUMINUM CAP STAMPED DB & CO
LS XXXXX AND 1984 IN MON. BOX I
O I
� CORRECTED 1
(6 QQ SPECIAL WARRANTYDEED L3
a REC.NO. 20070064770 —
N89'48'12"E —144_1,V — I
50 25 0 50 —j—s8s'48't2"W 420.D7' —
"— PARCEL NO. TE1 50,Row
1 - 50 l
4,553 5q.fit. I
I
2081,16' I
S89'48'12"W 2650.05'
SOUTH QUARTER CORNER HARMONYROAD (BASIS OF BEARING)
SECTION 35, 17N., R.69W,
FOUND 2 3/8" PIPE WITH
3 1/4" ALUMINUM CAP ILLEGIBLE LINE TABLE
SET IN MONUMENT BOX LINE BEARING LENGTH
L1 N00'41'12"E 6.00'
L2 N0011'48"W 29.00'
L3 N89'48'12"E 65.00'
L4 S00'11'48"E 29.00'
LS N42'58'02"E 26.98'
Lawrence S. Pepek — on behalf of King Surveyors, Inc.
L6 S00'41'12"W 8.92'
Colorado Registered Professional L7 S42'58'02"W 24.98'
Land Surveyor #33642
NOTE: This exhibll drawing is not intended to be a monumented land survey.
It's sole purpose is as a graphic representation to aid in the visuolizatlon of
the written property description which it accompanies. The written property
description supersedes the exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 L'.Garden Drive 1 Windsor,Colorado 80550 DATE: 5—18-09
phone:(970)686-5011 1 fax: (970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH—TE 1
EXHIBIT "B"
Page 1 of 4
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE2 McDonald's Corporation
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Lntersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "B"
Page 2of4
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE2
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE2 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 2, 001 square feet {more or less} , located in the Southeast
Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Lot 1 of The Gateway at Harmony Road
P.U.D. Second Filing recorded July 07, 1989 at Reception No.
1989025195 records of the Clerk and Recorder of the said Larimer
County, being more particularly described as follows;
Commencing at the Southeast corner of Section 35, T.7N. , R.69W. of the
6th P.M. ; THENCE along the South line of the said Southeast Quarter,
south 89 degrees 48 minutes 12 seconds West for a distance of 493 .49
feet; THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 60.00 feet to the South line of the said Lot 1 and to the
TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE along a curve to the right having a radius of 15.00
feet a central angle of 90 degrees 52 minutes 16 seconds and
an arc length of 23.79 feet, being subtended by a chord of
North 44 degrees 45 minutes 40 seconds West for a distance of
21 .37 feet to a Point of Tangency, said point being on the
West line of said Lot 1 ;
2. THENCE along the said West line, North 00 degrees 41 minutes 12
seconds East for a distance of"10.00 feet;
3. THENCE South 89 degrees 18 minutes 48 seconds East for a
distance of 10.00 feet;
4 . THENCE South 00 degrees 41 minutes 12 seconds West for a
distance of 13.07 feet;
5. THENCE North 89 degrees 48 minutes 12 seconds East for a
distance of 150.02 feet;
6. THENCE South 00 degrees 41 minutes 12 seconds West for a
distance of 12.00 feet to the South line of said Lot 1 ;
EXHIBIT "B"
Page 3 of 4
7. T14ENCE along the said South line, South 89 degrees 48 minutes 12
seconds 'lest for a distance of 144.79 feet to the POINT OF
BEGINNING.
The above described tract contains 2, 001 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the South line of the said Southeast
Quarter of Section 35, T_7N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Southeast corner of said Section 35 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the South Quarter
corner of said Section 35, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
n op REs�pEfR
ONA��P
LAWRENCE S. PEPEK COLORADO P.L.S. 33642
On behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "B" LOCATION
PARCEL NO. TE2 Page 4 of 4 SECTION 35, T.7N., R.69W.
W10'UT/L17Y
EASF�4/ENT LOT]
I
THE CATETVAYATHARNONYROAD
1 P.U. SECOND FILING
OI REC.NO. I989025I25
15,UT/L/TY
L2 ,CASEA/ENT
J -- N89'48'120EE 150.02_ _ —
a, - --- - — - - _ ^
S89'48'12"W 144,79'
OF I1
BEGINNING i
TPARCEL NO. TE2
NOO'11'48"W 2,001 sq.Jt.
i
60.00,
2156.56 I I� 493.49'
Sss 48'12"W 2650.05' HARMONYROAD
SOUTH QUARTER CORNER (BASIS OF BEARINGS)
SECTION 35, T.7N., R.69W.
FOUND 2 3/8" PIPE WITH SOUTHEAST7R.69W.
ER
3 1/4" ALUMINUM CAP ILLEGIBLE SECTION 35, T.7N
SET IN MONUMENT BOX FOUND 2" PIPE WITH 2 1/2"
ALUMINUM CAP STAMPED DO & CO
LS XXXXX AND 1984 IN MON. BOX
LINE TABLE
LINE BEARING LENGTH
L1 NOO'41'1 2"E 10.00'
L2 S89'18'48"E 10.00'
L3 S00'41'12"W 13.07'
L4 S00'41'12"W 12.00'
CURVE TABLE
CURVE LENGTH I RADIUS I DELTA I CHORD I CH BEARING
C1 23.79' 1 15,00' 90'52'16" 1 21.37' N4445'40'W
Lawrence S. Pepek — on behalf of icing Surveyors, Inc.
Colorado Registered Professional E
Land Surveyor #33642
50 25 0 50
NOTE: This exhibit drawing is not Intended to be a
monumented land survey. It's sole purpose is as a
graphic representation to aid In the visualization of
the written property description which it accompanies. 1"= 50'
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E.Orden Drivc I Windsor,Colorado 80550 DATE: 5-18-09
phone: (970)686-5011 1 fax:(970)686-5821 CLIENT: INTERWEST
vnvw.kingsuivcyors.Com DWG: 2008036EXH_TE2
EXHIBIT "C"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE3 Arbor Plaza, L_C
FOR
Project Number: STU N,455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "C"
Page 2 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE3
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE3 Of the Department of
Transportation, State of Colorado, Project No. STU M45S-077,
containing 5,038 square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Lot 3 of Arbor Plaza P.U.D. recorded
March 13, 1986 at Reception No. 1986012691 records of the Clerk and
Recorder of the said Larimer County, being more particularly described
as follows;
Commencing at the Northeast corner of Section 2, T.6N. , R.69W. of the
6th P.M.; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 592.83
feet; THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 60.00 feet to the North line of the said Lot 3 and to the
TRUE POINT OF BEGINNING OF THIS DESCRIPT=ON;
1 . THENCE along a curve to the right having a radius of 20. 00
feet a central angle of 90 degrees 00 minutes 00 seconds and
an arc length of 31 .42 feet, being subtended by a chord of
South 45 degrees 11 minutes 48 seconds East for a distance of
28.28 feet to a Point of Tangency, said point being on the
East line of said Lot 3;
2. THENCE along the said East line, South 00 degrees 11 minutes 48
seconds East for a distance of 6.00 feet;
3. THENCE South 89 degrees 48, minutes 12 seconds West for a
distance of 10.00 feet;
4. THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 11 .00 feet;
5. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 159.17 feet;
6. THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 10.00 feet;
EXHIBIT "C"
Page 3 of 8
7. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 75.00 feet;
8. THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 10 .00 feet;
9. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 140.26 feet to the West line of said Lot 3;
10. THENCE along the said West line, North ob degrees 46 minutes 47
seconds East for a distance of 15.00 feet to the North line of
said Lot 3;
11 . THENCE along the said North line, North 89 degrees 48 minutes 12
seconds East for a distance of 364.17 feet to the POINT OF
BEGINNING.
The above described tract contains 5,038 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the North line of the said Northeast
Quarter of Section 2, T.6N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North zone, North American Datum, 1983/2007.
P�csisrFR� -�
�aG Ffi
S O:
LAWRENCE S. PEPEK L.S. 33642
On behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "C"
Page 4 of 8 LOCATION
PARCEL NO. TE3 SECTION 2, T.6N., R.69W.
1 fIARMONYROAD (BASIS OF BEARING) SB9'48'12"W 2650.05,
l — — 2057.22' — — T'� — 592.83' —
1 1
i PARCEL NO, TE3 S00'11'48"E NORTHEAST CORNER
5,0385q.ft. 50.00, SECTION 2, T.6N.. R.69V1.
1 50 fox � FOUND 2" PIPE; WITH 2 1/2'
�1 I POINT OF I ALUMINUM CAP STAMPED DB & CO
BEGINNING i ! LS XXXXX AND 1984 IN MON. BOX
N89'48'12 E 364.17'
1 I Pj
j T S89'48'12"W 159.171 1 w r�
^C L C~
I /5'UT/L/TY 20'ORA/NAGE J�1 L2 (�
EASEMENT LOTY E.45E7,/EW7 I 1 Q (�
ARBOR PLAZA P.U.D. 10'L/T7LITY 1
r1o1 REC.NO. /9860/2691 EASEMENT I I �
(BASIS OF BEARING) 1 i
_s89'48'12"W _2650.05' HARMONYROAD
2057,22'
rNORTH QUARTER CORNER I
SECTION 2, T.6N., R.69W. PARCEL NO. TE3 1
FDUND 2 3/8" PIPE NTH 80'RO6Y
5,038
3 1/4" ALUMINUM CAP ILLEGIBLE I t"
SET IN MONUMENT BOX
z w N89'48'12"E 364.17' 1
`ago
T 1
La -' I Tl - - L��
50 25 0 50 m - I I S89-48-12"W 140.26' I I I
I 1
U q o 1 I I ARBOR PLAZA P.U.D. I
1'= 50 O N q g i I REC.NO, IPN6012691
Cd
120 EASEMENT
900ff 1466 PACES -r/3 & 9I5 h 1
ANO BOOT( /451, PACE J79 I 1 1
cc) i<0
W p tij I I PDWANENT EASEMENT
c~9 000000o W rn �• 1 �I I MASON STREET I N�uI
Z o o vi o to
> i )RANSPORTAT/ON CORRIOOR
rz (n 8 I I I R -0 NO. A004-0081678 I I
UCj
Q N
Uj
J C, .WW S it w
m
Q f m a7
Q r d r r C t N
LrJ m 0 00 z z v0°�i z 1? 12 Lawrence S. Pepek — on behalf of Ming Surveyors, Inc.
z � Colorodo Registered Professional
J I,1 Land Surveyor #33642
L,.1 > NOTE: This exhlblt drawing Is not intended to be a monumentad land
Z J J J J J (o J v survey. It's sole purpose is as a graphic representation to aid In the
—� U visualization of the written property description which It accompanies.
The written property description supersedes the exhibit drawing.
KING SURVEYORS, INC. PROJECT NO:STU M455-077
6501r.Garden Drive I Windsor,C;olurado 80550 DATE: 5-18-09
phone (970)686-5011 1 fax: (970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH_TE3
EXHIBIT "C"
Page 5 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No, TE4 Arbor Plaza, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "C"
Page 6 of 8
PROJECT NUMBER: STU M455-077
PARCEL ?NUMBER: TE4
PROJECT CODE: 16136
DATE: May 05, 2009 '
LEGAL DESCRIPTION
A tract of land being Parcel No. TE4 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 600 square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Lot 1 of Amigos at Arbor Plaza
P.U.D. recorded August 24, 1993 at Reception No. 1993060636 records of
the Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Commencing at the Northeast corner of Section 2, T.6N. , R.69W. of the
6th P.M. ; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 283.43
feet; THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 60.00 feet to the Northeast corner of the said Lot 1 and
to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE. along the East line of said Lot 1 , South 00 degrees 46
minutes 17 seconds West for a distance of 10.00 feet;
2. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 60.01 feet;
3. THENCE North 00 degrees 46 minutes 17 seconds East for a
distance of 10.00 feet to the North line of said Lot 1 ;
4. THENCE along the said North line, North 89 degrees 48 minutes 12
seconds East for a distance of 60.01 feet to the POINT OF
BEGINNING.
The above described tract contains 600 square feet (more or less) and
is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
EXHIBIT "C"
Page 7 of 8
Basis of Bearings: Considering the North line of the said Northeast
Quarter of Section 2, T.6N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
•GISTFR.
9� °° �$ .
0.
3 Q :
2
o:4t �3rO
0
LAWRENCE S. PEPEK RA•llC��� .S. 33642
On behalf of KING SUR C.
650 E. C-ARDEN DRIVE
WINDSOR, CO 60550
EXHIBIT "C"
PARCEL NO. TE4 Page 8 of 8 LOCATION
SECTION 2, T.6N., R.69W.
NORTHEAST CORNER.
NORTH QUARTER CORNER SECTION 2, T.6N., R.69W.
SECTION 2, T.6N.. R.69W. FOUND 2" PIPE WITH 2 1/2"
4SET
OUND 2 3/8" PIPE WITH ALUMINUM CAP STAMPED DB & CO
1/4" ALUMINUM CAP ILLEGIBLE LS XXXXX AND 1984 IN MON. BOX
IN MONUMENT BOX
(BASIS OF BEARING) HARMONYROAD
S89148'12"W 2650.05'
283.43' — —
2366,62' i 1�
i
S00'11'48"E
��- 60.DO'
60'ROW POINT OF
BEGINNING i
i I
L4 - - -
!5'UT/L/TY _� LS'UT/VTY -
EASE.t1ENT EASEy/ENT
T-
PARCEL NO. TE4 Q h
600 Sq.Ft.
� Q q
LOT]
AAfICQSAT O
ARBORPLAZA P.U.D. O
RE'C.ND. /99?0"76' O�
LINE TABLE
LINE BEARING LENGTH
Lt S00'46'17"W 10.00'
L2 S89'48'12"W 60.01,
L3 400'46'17"E 10.00'
L4 N89'4 '1 " 50.01'
Lawrence S. Pepek — on behalf of King Surveyors, Inc. i
Colorado Registered Professional
Land Surveyor #33642 50 25 0 50
NOTE: This exhibit drawing Is not Intended to be a monumented
land survey. it's sole purpose Is as a graphic representation to
aid in the visualization of the written property description which it 1 "= 50'
accompanies. Tho written property descriptlon supersedes the
exhibit drawing.
11 KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E.Orden Drive I Windsor,Colorado 80550 DATE: 5-18-09
phone:(970)686-5011 I fax:(970)686-5821 CLIENT: INTERWEST
www.kin6rsurvcyots.com DWG: 2008036EXH_TE4
EXHIBIT "D"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
TO BE ACQUIRED
FROM
Parcel No. 5 Pearse Investment Group, LLLP
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
F
EXHIBIT "D"
Page 2 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: 5
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of lard being Parcel No. 5 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 1 , 830 square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, iarimer County, Colorado,
the said tract is also located in Tract A of Soundtrack at Arbor Plaza
P.U.D. recorded October 05, 1989 at Reception No. 1969045928 records
of the Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Commencing at the Northeast corner of Section 2, T.6N. , R.69W. of the
6th P.M_ ; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 116.64
feet; THENCE South 00 degrees - 11 minutes 48 seconds East for a
distance of 60.00 feet to the North line of the said Tract A and to
the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE along the said North line, South 48 degrees 22 minutes 10
seconds East for a distance of 41 .37 feet;
2. THENCE North 73 degrees 00 minutes 33 seconds West for a
distance of 54.56 feet;
3. THENCE North 88 degrees 34 minutes 55 seconds West for a
distance of 97.53 feet;
4. THENCE North 82 degrees 02 minutes 40 seconds West for a
distance of 48.51 feet to the West line of said Tract A;
5. THENCE along the said West line, North 00 degrees 46 minutes 17
seconds East for a distance of 1 .84 feet to the North line of
said Tract A;
6. THENCE along the said North line, North 89 degrees 48 minutes 12
seconds East for a distance of 166.78 feet to the POINT OF
BEGINNING.
EXHIBIT "D"
Page 3of8
The above described tract contains 1 ,830 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record.
Basis of Bearings: Considering the North line of the said Northeast
Quarter of Section 2, T. 6N. , R.69w. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB g CO PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pane with a
3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
G�srERFo
LAWRENCE S. PEPEK CO 33642
On behalf of KING SURVEYD C.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "D" LOCATION
PARCEL NO. 5 Page 4 of 8 SECTION 2, T.6N., R.69W.
NORTH QUARTER CORNER NORTHEAST CORNER i
SECTION 2, T.6N., R.69W. SECTION 2, T.5N., R.59W. {
FOUND 2 3/8" PIPE WITH FOUND 2" PIPE WITH 2 1/2"
3 1/4" ALUMINUM CAP ILLEGIBLE ALUMINUM CAP STAMPED DO & CO
SET IN MONUMENT BOX (BASIS OF BEARING) LS XXXXX AND 1984 IN MON. BOX
S89'48'12"W 2650.05'
— —
2533.41' — u — 116.64' s —
l I }`
HARMONYROAD
I
PARCEL NO. 5 1,, SD011'48"E
1,830sq./t, POINT OF 60.00'
BEGINNING I
N89'48'12"E 166,75' ! I
— — — —N88'34'55"W 97,63' _ — —
L?
15,UAUTY
LASERIENT
LOT] i a
SOUNDTRACKAT
ARBORPLAZAP.U.D. I I r O
REC.NO. 19,0045928 ] I U
I II h
TRAcrA I
I I
SOUADMACNCAT
ARBOR PLAZA P,U.D.
REC.NO. 19N904F928 20'0,,411.46E& I I I
PAR/ONC, ACCESS, /RR/CAT1ON FASZ&' 1N' T
UALITY& 9,9A1NACr RFC NO. 89022.706
EASE�L/ENT � I I I
50 25 0 50
1 50'
Lawrence S. Pepek — on behalf of King Surveyors, Inc. LINE TABLE
Colorado Registered Professional LINE BEARING ILENGTH
Land Surveyor #33642 L1 S48'22'10"E 41.37'
NOTE: This exhibit drawing is not intended to be a monumented L2 N73'00'33"W 54.56'
land survey. it's sole purpose Is as a graphic representation to L3 62'02'40"W 48.51,
old In the visualization of the written property description which it L4 N00'46'17"E 1.84'
accompanies. The written property description supersedes the
exhibit drawing.
In1UNG SURVEYORS, INC. PROJECT NO:STU M455-077
650 E.Garden Drive I Windsor,Colorado 80550 DATE: 5-18-09
phone: (970)686-5011 1 fax:(970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH_5
EXHIBIT "D"
Page 5 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE5 Pearse Investment Group, LLLP
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 15136
City of Fort Collins Transportation Division
EXHIBIT "D"
Page 6 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE5
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TES Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 3,562 .square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Tract A of Soundtrack at Arbor Plaza
P.U.D. recorded October 05, 1989 at Reception No. 1989045928 records
of the Clerk and Recorder of the, said Larimer County, being more
particularly described as follows;
Commencing at the- Northeast corner of Section 2, T.6N. , R_69W. of the
6th P.M. ; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 116.64
feet; THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 60.00 feet to the North line of the said Tract A; THENCE
along the said North line, South 48 degrees 22 minutes 10 seconds East
for a distance of 41 . 37 feet to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
1 . THENCE continuing along the said North line, South 48 degrees 22
minutes 10 seconds East for a distance of 23.23 feet to the East
line of said Tract A;
2. THENCE along the said East line, South 00 degrees 37 minutes 46
seconds West for a distance of 170.69 feet;
3. THENCE South 89 degrees 52 minutes 53 seconds West for a
distance of 6.00 feet;
4_ THENCE North 00 degrees 37 minutes 46 seconds East for a
distance of 153.46 feet;
5. THENCE North 48 degrees 22 minutes 10 seconds West for a
distance of 43. 14 feet;
6. THENCE' North 73 degrees 00 minutes 33 seconds West for a
distance of 34.22 feet;
EXHIBIT "D"
Page 7 of 8
7. THENCE North 88 degrees 34 minutes 55 seconds West for a
distance of 144.19 feet to the West line of said Tract A;
8. THENCE along the said West line, North 00 degrees 46 minutes 17
seconds East for a distance of 15.52 feet;
9. THENCE South 82 degrees 02 minutes 40 seconds East for a
distance of 48.51 feet;
10. THENCE South 88 degrees 34 minutes 55 seconds East for a
distance of 97.53 feet;
11 . THENCE South .73 degrees 00 minutes 33 seconds East for a
distance of 54.56 feet to the POINT OF BEGINNING.
The above described tract contains 3, 562 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the North line of the said Northeast
Quarter of Section 2, T.6N. , R.69W. of the 6th P.M. as bearing South
89 degrees 4B minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO .PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
�G437ERE
36�2
LAWRENCE S. PEPEK QRADO P.L. 33642
On behalf of KING S
650 E. GARDEN DRIVE �SlONA�
WINDSOR, CO 80550
EXHIBIT "D"
PARCEL NO, TE5 Page 8 Of 8 LOCATION
SECTION 2, T.W. R.69W.
NORTH QUARTER CORNER
SECTION 2, T,6N., R.69W. NORTHEAST CORNER
"/�14�-
8" PIPE WITH SECTION 2, T.6N., R.69W.
INUM CAP ILLEGIBLE FOUND 2" PIPE WITH 2 1/"X -
2533.41' "
MENT BOX (BASIS OF BEARING) ALUMINUM CAP STAMPED DB &S89'48'12"W 2650.05 LS XXXXX AND 1984 IN MON. B- 116.64'
� I
LL4RMONYROAD so'Row '� SOD"11'46"E
60.00'
548"22'10"E
JL8 41.37' I
—�_49._ POINT OF
V �-- 1 BEGINNING I
15'UT/L/TY L5 Lq I (1
EAS£M£NT
PARCEL NO. TF5
3,562 sq.ft.
'LOT 1
I II W I
SOUNDTRACKA7'
ARBOR PI,A7_A P.UW,,
V.
RGC.N 1989645928 1 41I ROW U
TRACTA I I '` UAR/ES
SUUNIJTRACKAT i ARBOR PLAZA P.UPw
1 Co
R6'C..NO. 1989MMS I i � O i
PARK/NC, ACCESS; I "I I g
UT/L/TY& ORA/NAG£ 20'ORA/NAG£& o to
£A. .1fNT /1?1?/CA77ON EASZ1W£NT —I Z I
REC. NO. 8902230E I
60 30 0 60
L2
1 60,
LINE TABLE
LINE BEARING LENGTH
L1 S48'22'10"E 23.23'
L2 S89'52'53"W 6.00'
L3 N48'22'10"W 43.14'
L4 N73"00'33"W 34.22'
Lawrence S. Pepek — on behalf of King Surveyors, Inc. L5 N88'34'55"W 144.19'
Colorado Registered Professional L6 NOO'46'17"E 15.52'
Land Surveyor #33642 L7 582'02'40"E 48.51'
NOTE: Thfs exhibit drawing is not intended to be a monumented L8 388'34bWE 97.53'
land survey. It's sole purpose Is as a graphic representation to L9 S73-00133"E 54.56'
aid in the visualization of the written property description which it
accompanies. The written property description supersedes the
exhibit drawing.
11 KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 R Garden Drive I Windsor,Colorado 80550 DATE: 5-18-09
phone: (970)686-5011 1 fax:(970)686-5821 CLIENT: INTERWEST
wtvw.kingsu rveyors.coin DWG: 2008036EXH_TE5
EXHIBIT "E"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
TO BE ACQUIRED
FROM
Parcel No. 6 115 East Harmony Road, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "E"
Page 2 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: 6
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. 6 of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 2,140 square feet (more or less) , located in the Northwest
Quarter of Section 1 , Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Warranty Deed recorded June 01 , 2005 at Reception No. 20050044293
records of the Clerk and Recorder of the said Larimer County, being
more particularly described as follows;
Commencing at the Northwest corner of Section 1 , T.6N. , R.69W. of the
6th P.M.; THENCE along the North line of the said Northwest Quarter,
North 89 degrees 46 minutes 00 seconds East for a distance of 353.43
feet; THENCE South 00 degrees 14 minutes 00 seconds East for a
distance of 70.00 feet to the Northeast corner of the said tract
described at Reception No. 20050044293 and the TRUE POINT OF BEGINNING
OF THIS DESCRIPTION;
1 . THENCE along the East line of the said tract, South 00 degrees
45 minutes 00 seconds West for a distance of 5.46 feet;
2. THENCE South 87 degrees 39 minutes 01 seconds West for a distance
of 109.46 feet;
3. THENCE South 89 degrees 46 minutes 00 seconds West for a
distance of 143.99 to the North line of the said tract;
4. THENCE along the said North line, North 44 degrees 56 minutes 00
seconds East for a distance of 13.47 'feet;
5. THENCE continuing along the said North line, North 89 degrees 46
minutes 00 seconds East for a distance of 243.92 feet to the
POINT OF BEGINNING.
The above described tract contains 2,140 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record.
EXHIBIT "E"
Page 3of8
Basis of Bearings: Considering the North line of the said Northwest
Quarter of Section 1 , T.6N. , R.69W. of the 6th P.M. as bearing North
89 degrees 46 minutes 00 seconds East between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northwest corner of the said Section 1 and a found #6 rebar with a
3.25" aluminum cap monument, PLS 33642 in monument box at the North
Quarter corner of the said Section 1 , being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North American
Datum, 1983/2007.
GIs *C
PF
o.
LAWRENCE S_ PEPEK L.S. 33642
On behalf of KING SUR INC.
650 E_ GARDEN DRIVE
WIND5OR, CO 80550
EXHIBIT "E"
Page 4 of 8 LOCATION
PARCEL NO. 6 SECTION 1, T.6N., R.69W.
NORTH QUARTER CORNER
NORTHWEST CORNER SECTION 1, T.6N., R.69W.
SECTION 1, T.6N., R.69W. HARMONYROAD FOUND #6 REBAR WITH 3 1/4"
FOUND 2" PIPE WITH 2 1/2" ALUMINUM CAP STAMPED LS 33642
ALUMINUM CAP STAMPED DB & CO (BASIS OF BEARING) SET IN MONUMENT BOX
LS XXXXX AND 1984 IN MON. BOX N89'46'00"E 2848.68' _
22 5.25'
PARCEL NO. 6 SQD'14'00"E
2,T40 Sq.Ft. 70.00'
10',YOUNTA/N STATES 70'R01Y
TELEPHONE& TELEGRAPH CO POINT OF
R/GNT-01--W4Y& CASEMENT BEGINNING
RCC. ND 97027757 „ 1,
I � � — N89'46 00 E 243.92
S89'46'00"W 143.99' -sn"1�w � J—
j ---- - — -- - - -- -- - - - -- — .
20'PERMANENT ¢ 75'ACCESS OPEN/NG
7 iVAZIrY EASEMENT BOOK 1976 PACE 691
I / BOOK 14d1, PAGE 297—
f-- - --- — — -- -- -- -- ---- --
I a 50' TEMPORARY
CONS77eJ6WION EASz;VzNT
BOOK 1491 PAGE 297
U I
I
I GUARRf1tV7YDbED
p I REC NO 200fW44293
I
LINE TABLE
LINE BEARING LENGTH
L1 S00'45'01.? 5.46'
L2 N44-56'00"E 13.47'
Lawrence S. Pepek — on behalf of King Surveyors, Inc.
Colorado Registered Professional 50 25 0 " 50
Land Surveyor #33642
NOTE: This exhibit drawing is not intended to be a 1"= 50'
monumented land survey. It's safe purpose Is as a
graphic representation to old in the visualization of
the written property description which It accompanies,
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E.Garden Drive I Windsor, Colorado 80550 DATE: 5-18-09
phone:(970)686-5011 1 fax:(970) 686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH_6
EXHIBIT "E"
Page 5 of 8
COLORADO. DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE6 115 East Harmony Road, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "E"
Page 6 of 8
l PROJECT NUMBER: STU M455-077
PARCEL NUMBER: 'TE6
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE6 of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 7,002 square feet (more or less) , located In the Northwest
Quarter. of Section. 1 , Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Warranty Deed recorded June 01 , 2005 at Reception No. 20050044293
records of the Clerk and Recorder of the said Larimer County, being
more particularly described as follows;
Commencing at the Northwest corner of Section 1 , T.6N_ , R.69W. of the
6th P.M. ; THENCE along the North line of the said Northwest Quarter,
North 89 degrees 46 minutes 00 seconds East for a distance of 353.43
feet; THENCE South 00 degrees 14 minutes 00 seconds East for a
distance of 70.00 feet to the Northeast corner of the said tract
described at Reception No. 20050044293; THENCE along the East line of
the said tract, South 00 degrees 45 minutes 00 seconds West for a
distance of 5.46 feet to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
1 . THENCE continuing along the said East line, South 00 degrees 45
minutes 00 seconds West for a distance of 29.55 feet;
2. THENCE South 69 degrees- 46 minutes 00 seconds West for a
distance of 278.52 -feet to the North line of the said tract
described at Reception No. 20050044293;
3. THENCE along the said North line, North 44 degrees 56 minutes 00
seconds East for a distance of 36.17 feet;
4. THENCE North 89 degrees 46 minutes 00 seconds East for a
distance of 143.99 feet;
5. THENCE North 87 degrees 39 minutes 01 seconds East for a
distance of 109.46 feet to the POINT OF BEGINNING.
EXHIBIT "E"
Page 7 of 8
The above described tract contains 7, 002 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the North line of the said Northwest
Quarter of Section 1 , T.6N. , R.69W. of the 6th P.M. as bearing North
89 degrees 46 minutes 00 seconds East between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northwest corner of the said Section 1 and a found #6 rebar with a
3.25" aluminum cap, PLS 33642 in' monument box at the North Quarter
corner of the said Section 1 , being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum,
1983/2007.
E STE&,
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LAWRENCE S. PEPEK O�COLORADQ•' S. 33642
on behalf of KING DJAti C.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "E"
Page 8 of 8 LOCATION
PARCEL N0. 7E6 SECTION 1, T.6N., R.69W.
NORTH QUARTER CORNER
I NORTHWEST CORNER SECTION 1, T.6N., R.69W,
SECTION 1, T.6N., R.69W. HARMONYROAD FOUND #6 REBAR WITH 3 1/4"
FOUND 2" PIPE WITH 2 1/2" ALUMINUM CAP STAMPED LS 33642
ALUMINUM CAP STAMPED 08 & CO (BASIS OF BEARING) SET IN MONUMENT BOX
LS XXXXX AND 1984 IN MON. BOX N89'46'00"E 2648.68'
353,43' if j 22 5.25'
i
S00'14'00"E t
70.00'
10'MOUNTA/N STATES PARCEL NO. T£6 70'R04✓ _ t
TELEPHONE& TELEGRAPH CO 7,002 Sq.Ft. i
91omr-OF lS'AY& EASE,ffENT POINT OF t
BEGINNING
I W REC. NO. 87027757
N89'46'00"E 143.99' — N8739
�7� ——— —— — ———
- -- --- - — - - —
f - ----
_ S89'46'00"W 278.52'— — — — —— —————
I 20'PERlANENT f J5'ACCESS OPEN/NG
aUAL/TY CASERIWT 6000 1875 PAGE 581
BOOW, 1481, PAGE 297 50, TEMT'ORARY
O I CONS7RIlC170N EAS2r#CNT
BOOK 1491, PACE 297
I
I F3'ARRANTYDEED
Q I REC:N0.200.50044293
I COJ
LINE TABLE
LINE BEARING LENGTH
L1 SOO'45'00'W 5.46'
L2 S00'45'00"W 29.55'
L3 N44'56'00"E 36.17'
1
Lawrence S. Pepek — on behalf of King Surveyors, Inc.
Colorado Registered Professional 50 25 0 50
Land Surveyor #33642
NOTE: This exhibit drawing Is not Intended to be a 1"= 50'
monumented land survey. It's sole purpose is os a
graphic representation to aid in the visualization of
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E. Garden Drive I %Vindsor,Colorado 80550 DATE: 5-18-09
phone: (970)686-5011 1 fax:(970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH_TE6