HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/07/2009 - FIRST READING OF ORDINANCE NO. 080, 2009, REPEALIN ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: July 7, 2009
FORT COLLINS CITY COUNCIL STAFF: Matt Robenalt
SUBJECT
First'Reading of Ordinance No. 080, 2009, Repealing Ordinance No. 038, 2009; Expanding the
Boundaries of the Fort Collins, Colorado Downtown Development Authority; and Amending the
Plan of Development of the Authority.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The petitions for inclusion are a voluntary request by the property owners, and the Petitioners
understand that upon inclusion into the DDA boundary, the Petitioner's property will be subject to
an increase of 5 mills to the current area rate of:
Lemay/Lincoln Avenue Area - 86.49 mills, for a total of 91.49 mills;
South Howes Street Area - 86.49 mills, for a total of 91.49 mills.
There is no fiscal impact, negative or positive, to the City resulting from the specific action to
include these properties in the DDA boundary. The annual net fiscal impact to the DDA is positive
and will result in new operating revenue from the 5 mill levy. The approximate annual impact to
the DDA is:
Lemay/Lincoln Avenue Area - $2450
South Howes Street Area - $859
The DDA Board has made funding commitments to redevelopment projects at the following
locations contingent upon Council approval of expanding the boundaries of the DDA Downtown
Development and Amending the Plan of Development of the Authority:
• 1025 Buckingham
• Northwest Corner of East Lincoln and North Lemay (Fort Collins Brewery);
• 306 West Laurel Avenue
July 7, 2009 -2- Item No. 23
Tax increment revenues will not be generated unless and/or until taxable improvements are made
to the aforementioned properties. Upon submission of this requested Council action, no taxable
improvements have yet been undertaken on the aforementioned locations that would result in tax
increment revenues for the DDA.
EXECUTIVE SUMMARY
Council adopted Ordinance No. 038, 2009 on May 5, 2009, that approved the inclusion of the
Lemay/Lincoln Avenue Area Properties, and Howes/Laurel Street Area Properties within the
boundaries of the District. As the Ordinance was being prepared for recording with Larimer County,
the Assessor's staff contacted the Downtown Development Authority(DDA) and noted an error in
the legal description of the DDA boundary amendment. Staff determined the error was perpetuated
from the beginning of the inclusion process, due to inconsistent records that staff relies upon to
routinely verify legal descriptions: Therefore,Ordinance No.038,2009 must be repealed and a new
Ordinance approved with the corrected legal description and petition.
NOTE: As a result of working together to solve the issue related to the legal description error, the
DDA, County and City staff identified other errors in the official DDA boundary legal description.
Staff used this housekeeping exercise as an opportunity to correct errors dating as far back as the
1980's, and has provided a corrected district legal description in the attached ordinance.
The petitions for inclusion would change the boundaries of the DDA District and amend the Plan
of Development of the Authority to include the following properties:
Lemay/Lincoln Avenue Area
Mountain View Community Church 1025 Buckingham
Out West Properties, LLC (Fort Collins Brewery) Northwest corner of East Lincoln
and North Lemay
GTG Investments (Colorado Iron and Metal) 903 Buckingham
South Howes Street Area
Colorado Delta Association of Sigma Alpha Epsilon 306 West Laurel
Synod of Rocky Mountain United Presbyterian Church 629 South Howes
CSU Research Foundation 601 South Howes
Board of Governors of the CSU System 555 South Howes
Kruger Rentals/Clary Properties 515 South Howes
Barbara Bailey 509 South Howes
Vernon D. Bailey Family Trust 317 West Mulberry
BACKGROUND
These petitions for inclusion are a voluntary request by the land owners, and are authorized under
Section 31-25-822 of the Colorado Revised Statutes, as amended. The criteria for inclusion of
July 7, 2009 . -3- Item No. 23
additional property into the DDA boundary area pursuant to Section 31-25-822 have been reviewed
by DDA legal counsel, adjacency to the existing DDA boundary, and evidence of ownership of the
property has been documented.
This inclusion of property resulting in a boundary line adjustment will effectively amend the DDA's
Plan of Development.
The DDA Board of Directors took action on February 12,2009 and June 11,2009 and recommended
the Council amend the Plan of Development boundary area. The purpose of combining both
recommendations of the DDA Board into a single Agenda Item for Council is intended to use the
time and resources of staff, legal counsel, and the City Council more efficiently.
There are pros and cons, and public benefit associated with the proposed inclusion of properties in
the DDA district.
Pros:
• Consistent implementation of the DDA Plan of Development in the central business district.
At the onset and establishment of central business district revitalization efforts, downtown
redevelopment areas often have edges that are amorphous in nature and become better
defined over time through a combination of private investment and community planning
efforts.
The ,proposed inclusions attempt to "square up" edges of the existing DDA boundary
(Lemay/Lincoln Avenue Area), to create the shared boundary of the DDA and existing
Community Commercial zone district(South Howes Street Area)that already exists in the
southernmost area of the central business district and to enable consistent implementation
of the DDA Plan of Development throughout.
• DDA investment provides incentive to go above and beyond what is required for
architectural design in the City's Land Use Code. The DDA boundary encompasses many
zone districts with varied architectural design standards. DDA involvement, through the
investment of dollars in the project, provides funds to ensure that projects in each zone
district develop at a consistently higher level of design than would otherwise occur. With
regard to the South Howes Street area, this is a very important incentive for the DDA to
provide since the central business district abuts the most historic areas of the CSU campus,
and municipal design standards do not require a comparable level of architectural design
embodied in the historic buildings that surround the CSU Oval.
• DDA investment addresses public improvement deficiencies. Tax increment investment
provides property owners and small businesses with assistance to cover development costs
that otherwise would make redevelopment economically infeasible in areas of the central
business district where public infrastructure deficiencies exist and the expectation of the
municipality is that urban levels of service be met with new infrastructure,.
There is a need for public improvements such as sidewalks, storm water, and appropriate
roadway improvements in the Lemay/Lincoln Avenue area. In many instances, the scope
of the necessary public infrastructure improvements are not physically proportionate with
July 7, 2009 -4- Item No. 23
the small-scale redevelopment property and therefore, offsite improvements are needed to
make the onsite public improvements function properly. The offsite improvements,though
contributing to broader goals that benefit the entire community, can create costs for the
project owner that could push the project into economic infeasibility. DDA investment
alleviates this issue.
• DDA investment results in higher value projects. DDA investment,when well-reasoned and
leveraged with private investment, raises the quality of development and thereby the value
of property in the redevelopment area. Upon expiration of the DDA tax increment district,
the benefit of a higher valued property tax base is realized by the governmental entities that
deferred receipt of the tax revenues during the statutorily authorized life span of the district.
Cons:
• Affected government entities (Poudre School District, County, City, etc.)defer property tax
revenues to DDA tax increment fund. DDA receives ad valorem property tax revenues
during a statutorily authorized period through its tax increment fund that would otherwise
be received on an annual basis by public bodies that levy taxes in the DDA Plan area.
• Potential for impact on government services. Public bodies that levy taxes in the DDA Plan
area may consider certain types of DDA redevelopment projects more impactful on
government services than other type of projects. For example, Larimer County views
redevelopment projects that contain a residential housing component as having greater
financial impact on the services it provides than a straight commercial project.
(Note: The County recently approved an IGA with the DDA and City that authorizes the statutory
shareback of 50% of tax increment funds from 2011 through 2031 for residential projects that do
not contain a significant affordable housing component. This revenue sharing with the County on
future residential projects in the DDA Plan area will help offset cost of providing services to
residents. The DDA and City are currently negotiating an IGA with the Poudre School District to
address similar concerns regarding the shareback of tax increment from 2011 through 2031. The
City, through an approved IGA with the DDA, will allow 100%of its share of tax increment funds
generated from 2011 through 2031 to be used for qualifying projects in the DDA Plan area.)
A. Specific benefits associated with inclusion of the Lemay/Lincoln Avenue Area
The area has challenging issues that need to be addressed to provide public improvements, such as
sidewalks and appropriate roadway improvements. The DDA can provide the kinds of businesses
establishing here with access to tax increment funds to make the required improvements. This helps
with development viability, especially for the types of smaller businesses that are locating in this
area. Additionally, the area is mostly zoned I-Industrial, which has limited design standards
required by the City's Land Use Code: DDA participation will give developers incentive to go
above and beyond what is required for architectural design in the Land Use Code. DDA
involvement will help to ensure that the area develops at a consistently higher level of design than
would otherwise occur.
The area is gaining momentum as a micro-brewery district with uniquely Fort Collins businesses
that attract visitors from many corners of the U.S. This area is adjacent to the historic downtown
July 7, 2009 -5- Item No. 23
core, supports the downtown with complementary businesses and connects to the downtown via
river crossings. Supporting quality design in this area will result in the positive qualities of
downtown being extended across the river, which may eventually facilitate the development and
viability of the Downtown River District and enhanced river crossings,all of which directly benefit
the downtown.
B. Specific benefits associated with inclusion of the South Howes Street Area
• Consistency with stated purpose of Community Commercial-zone district and DDA
objectives.
An action by City Council to include the seven Petitioners' requests for inclusion would mirror a
previous Council's decision to establish a shared boundary of both the DDA and Community
Commercial (CC) zone district, as exists a few blocks to the east. There is an existing shared
boundary of the DDA and CC zone district between the north-south alley and parcels located on the
east side of South College Avenue, north of Laurel Avenue. The properties owned by the CSU
Board of Governors at 555 South Howes,and Colorado State University Research Foundation at 601
South Howes both include small parking lots situated just outside the CC zone district to the west,
however both property's primary office building uses are located entirely in the CC zone district.
According to the City Land Use Code, the stated purpose of the CC district is to provide a
combination of retail, offices, services, cultural facilities, civic uses and higher density housing.
Multi-story buildings are encouraged to provide a mix of residential and nonresidential uses.
Offices and dwellings are encouraged to locate above ground-floor retail and services.
There is consistency between the stated purpose of the CC zone district containing the subject
properties, and the objectives and purposes stated in the DDA Plan of Development.
Among the stated objectives and purposes in the DDA Plan of Development are:
• To prevent fragmentation of the central core by planning for a variety of land parcel
sizes and mixed uses which will foster a balance between small businesses,
intermediate-sized projects and major projects as well as between local owners,
regional and national businesses; and
• To encourage the development of new and rehabilitated buildings for uses as needed
to achieve a balanced mix of products and services within the district; and
• To-increase the total housing supply within the District; and
• To promote and support private developments that is consistent with the plans and
objectives of the DDA, and the City of Fort Collins.
• Proximity to historic CSU Campus.
Approval of these petition requests will extend the DDA boundary to the Colorado State University
campus at the prominent north end of the historic Oval. The connection between the DDA and CSU
campus is an example of the physical connectivity envisioned in the UniverCity Connections
program.
July 7, 2009 -6- Item No. 23
Additionally,the relationship to the CSU campusand any new development that might occur in this
area is very important. New development needs to be complementary to the nearby historic campus
architecture and of equal or higher quality in terms of design and materials.
CSU's plans to increase the student population in the coming years have activated private developer
interests in opportunities to provide new student housing in close proximity to the campus. The area
located between the CSU campus and central business district will very likely receive a considerable
amount of development pressure in response to this increased demand.
• DDA investment promotes viability and quality development
t
The DDA has the ability to provide the kinds of development encouraged in this area with access
to tax increment funds to make the required improvements and to help establish economic viability
of development. DDA involvement will also help to ensure that the area develops at a consistently
higher level of design than would otherwise occur by encouraging developers to go above and
beyond what is required for design in the Land Use Code.
Encouraging high quality development and the financial realities of property investment in certain
areas of the community do not always track on the same trajectory. It is for this reason that public
finance tools, such as tax increment financing, are available for well-reasoned and leveraged
application in the community's redevelopment areas.
ATTACHMENTS
1. Resolution 2009-02 of the Board of Directors of the DDA Recommending Inclusion of the
Properties in the Lemay/Lincoln Avenue Area. (Location Map provided as Exhibit E)
2. Resolution 2009-04 of the Board of Directors of the DDA Recommending Inclusion of the
Properties in the South Howes Street Area. (Location Map provided as Exhibit I)
ATTACHMENT 1
RESOLUTION 2009-02
OF THE BOARD OF DIRECTORS OF THE FORT COLLINS,
COLORADO DOWNTOWN DEVELOPMENT AUTHORITY
RECOMMENDING TO THE FORT COLLINS CITY COUNCIL
THAT THE BOUNDARIES OF THE DOWNTOWN
DEVELOPMENT AUTHORITY BE AMENDED TO
INCLUDE THE PROPERTY DESCRIBED HEREIN
WHEREAS, on April 21, 1981,the City Council of the City of Fort Collins, Colorado ("City
Council") adopted Ordinance No. 046, 1981, creating The Fort Collins, Colorado Downtown
Development Authority (the "Authority") and establishing the boundaries of the Downtown
Development District(the"District");and
WHEREAS, Section 31-25-822, C.R.S., as amended, allows for the inclusion of additional
property in the boundaries of the District subject to the receipt of a satisfactory petition therefor
from the owner in fee and approval by the Board of Directors of the Authority ("Board") and the
City Council; and
WHEREAS, the Board has received petitions from the owners in fee of three (3) properties
in the vicinity of Lemay Avenue and Lincoln Avenue (the "Lemay/Lincoln Area Properties"),
which petitions request that the Lemay/Lincoln Area Properties be included within the boundaries
of the District; and
WHEREAS, copies of the petitions for inclusion are attached hereto as Exhibits "A", `B"
and "C", respectively, and incorporated herein by this reference; and the legal descriptions and
name of the fee owner of each of the.Lemay/Lincoln Area Properties is set forth on Exhibit "D"
attached hereto and incorporated herein by reference;and
WHEREAS, a map depicting the locations of the Lemay/Lincoln Area Properties is attached
as Exhibit "E"and incorporated herein by this�reference;and.
WHEREAS, the Board has duly considered the petitions for inclusion and found that such
petitions meet the requirements of Section 31-25-822, C.R.S.,as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY, that it is hereby
recommended to the City Council of the City of Fort Collins that it approve the inclusion of the
properties described herein within the boundaries of the District.
Passed and adopted at a regular meeting of the Board of Directors of The Fort Collins,
Colorado Downtown Development Authority this 12`h day of February;2009.
Ja Wol,e, Chairpers
ATTEST:
George Bre ig, S c etary
Exhibit"A
rnmmunttys Urfi�((
it FiC°S7W47"���� ': '• ' :• + �
Matt'Robepait _:.
. .. Executive glreetor• '
rdrt Coflip,s Downtown DevelopiperdAuthcrlty
19 QjdTawn Square;.Suite:230
,.Fort Colliti�3,;CO'805z4 .
;'Januaiy!M,.2d09 y ;
Nor Mr. Roberialt,.
Mountaln Vjeyv'Communily Church of Fort Collins Inc.vryould like:td petition•thd DEWfor .
tn no'ithollovjgeschddperty inofhe D&WnWn:Derelopm61A4Flnsi op
aatrict rfty.
borfidhttes:
I,ot 2,Second Replat of North t e�ay.Sulldivision,.Second f 1 ng,a Minor Sup'dlvfslon; ' • :
City bf Folt'S'olllna, Countjr t►f LarimBrr Stet$of:Colofado�
' iA tfac!of Land lobated igtDe,NoKhge t Quarter.of.Sntion 12,To"ihip 7 Noi$i;:Rair19a ,
fi Wd$t of t}►e BtEi p,.rificiti�t Meridran�CKy,qf.Fdrt Collins;Cii4ky bf Latimer,$fate bf, .
` CoJbr ctC lieiirgmpre parl7cul4, described as491loWys:.
i -
Gorninerrciftg tthBEastQuaderComef=ofSaction.12,
ttibpce Nbrtb 00'00'dd West,539.88 feet;" '
t; _ ; •'
=thMce,,Soyth90"00'00"_f]V$sf;'7t7.9Q: afaettothePOIhiT BEGINNING; ;
`. thanco,Soo 890$7'tlV West;00.90 felt;tti8nge,North.00060.'6(t Last,748.04 feet; •
thetrt';e,North 9o°dQ'OQ°Frhst;.355.0o feetf tfierice along a barge concava to%a
.Southwest havinb•a central artgid bf 90°oo'60',-'th a radii�s'df 15,00 feet,an arc lepgih,
;pf;23,5061,and the biibnl of'Vhich bears Sbuth 45°Qb'UO"fast;2t:�1:fit; ;'
thence.Sodtti 0)f 60'p0°Vilest;732.Y2- dt tb the Point-Of 8eginhitt�
: -The pr6 rtY.VescnIigd a tow.Is owned by Mountain VjgW C rA hunfty%C�tuch of Fort'
Coliins;Inc. 'AH606ed are the Corporate Docu the corpbrM6.0ioers'-
• and•heboa Iny ability fd make decisions for this property.as the Vresldent of this, '
�CGlpor tioh::Thank.you f0 your WnsideFation,and.dleas9'i{ori't Itesltaw to coittact Jne:If• : .
:You rtaed sriy further,InfBrmation:
Kdvin G1lbife•
tsresideptand Lead Pastor
Nlburiflain V16w Cotnmunity.•Church` : -
Exhibit"B"
� l
Forto!ligs ruler
1900 B. Lincoln Ave, fort Collins, CO 80824 970472-1499
Matt Robenalt
Downtown Development Association
19 Old Tbwn Square
Fort Collins,CO 80524
December 19th,2009
Dear Mr.Robenalt,
OutWest Properties,LLC a Colorado Limited Liability Company would like to petition the DDA for
inclusion of the following described property into the Downtown Development Authority district
boundaries.
Lots 2&3,Fort Collins Brewery,City of Fort Collins,County of Larimer,State of Colorado
Replat of North Lemay Subdivision,Second Filing,Being Within the Northeast One-Quarter of Section
12,Township 7 North,Range 69 West of the Sixth Principal Meridian,County of Larimer,State of
Colorado.
The property described above is owned by OutWest Properties,LLC.Attached is a copy of the LLC's
Operating Agreement.Please let me know if any other information is required.
Thank you for your consideration,
Tbm Peters, member
OutWest Properties,LLC
Fort Collins Brewery
1900 Bast Lincoln Avenue,Suite B
Fort Collins,CO 80521
(970)472-1499
tompeters@fortcollinsbreNvery.com
Exhibit"C"
GTG .investments LLC
14001:AYT MULBERRY ♦ FORT COLLINS.COLORADO 80524 ♦ 970-530-2690
Mr.Matt Robenalt
Fort Collins Downtown_Development Authority
19 Old Town Square,Suite 230 I5,JanuerY 2009
Fort Collins,Colorado 80524
Re: Request fer Inclusion in DDA District
Dear Mr.Robenalt,
GTG Investments LLC,a Colorado Limited Liability Company would like to petition the DOA for Inciuslon
of the following described property Into the Downtown Development Authority district bcundahes.
"The property is located at 903 Buckingham Street in Fort Collins,and is described as follows:
Lot 1) Description:A part of Section 12,Township 7 North,Range 69 West'of the 0 P.M.,City of Fort
Collins, Larlmer County,Colorado,more particularly described as follows:Lot 1,Vanworks Subdivision
Second Filing,described as follows:Beginning at the Northeast corner of Lot 1,Vanworks Subdivision
Second ding,thence run South 00'00'00"West along the east line of said Lot 1 for a distance of 52837
feet;thence run North 89658'44"West for a distance of 290.31 feet to the west line of said Lot 1;thence
run North 00043'34"East along sold west line for a distance of 96.21 feet;
thence run North 9o°0000"East along said west line for a distance of 243.53 feat;thence run North
o0°oo'00"East along said west line for a distance of 432.07 feet to the Northwest comer of said Lot 1;
thence run South 90°00'00"East along the north line of said Lot 1 for a'distance of 45.56 feet to the
Point of Beginning. Contains 47,572 square feet,more or less,and subject to all easements and rights of
way of record.
Lot 2)Description:Lot 2,Vanworks Subdivision Second Filing,Fort Collins,Colorado. Contains 303,W
square feet,more or less,and subject to all easements and rights of way of record.
Lot 3) Description:Lot 3,Vanworks Subdivision Second Filing,Clty of Fort Collins,Larlmer County,
Colorado,rmo a part of Section 12,Township 7 North;Range 69 West of the 60 P.M.,City of Fort
Collins,Larimer County,Colorado,more Fartkularly described as follows:COMMENCING at the Northeast
corner of said Lot 3,thence South 00046 00"West a distance of 378.22 fieet along the east11ne of Lot 3
to the POINT OF BEGINNING;-thence South 00"46'00"West a distance of 250.10 feet;thence North
89-5 SW West a distance of 185.26 feet;-thence North 00°WOO'East a distancq of 268.86 feet;
.thence South 47903100"East a distance of 49.39 feet;-thence South 60040*06"East a distance of 173.90
feet to the POINT OF BEGINNING. Altogether Including 61,892 square feet,more or less,and subject to
all easements and rights of way of record."
The property described is owned by GTG Investments,LLC. A copy of the LLC's Operating Agreement is
enclosed. please notify me If you require any additional Information.
Thank You,
Kent D.Ga Mane
GTG Inve a a
1400 East Mulberry
'Fort coilins,CO 80524
Z'd i,6910£40L8 eeuor usenS e09:LL 60 b0 qod
Exhibit"D"
Legal Descriptions and Fee Owners of
Lemay/Lincoln Area Properties
1. Lot 2, Second Replat of North Lemay Subdivision, Second Filing,a Minor
Subdivision, City of Fort Collins,County of Larimer, State of Colorado
A tract of land located in the Northeast Quarter of Section 12, Township 7
North, Range 69 West of the 6 h Principal Meridian, City of Fort Collins,
County of Larimer, State of Colorado being more particularly described as
follows:
Commencing at the East Quarter Corner of Section 12,
thence North 00100'00' West,539.88 feet;
thence South 90°00'00"West,70.00 feet to the POINT OF
BEGINNING;
thence South 89°57'00" West 370.00 feet; thence North 00°00'00" East,
748.04 feet; thence North 90°00'00" East, 355.00 feet; thence along a
curve concave to the Southwest having a central angle of 90°00'00"with a
radius of 15.00 feet, an arc length of 23.56 feet and the chord of which
bears South 45100'00" East 21.21 feet; thence South 00°00'00" West,
732.72 feet to the Point of Beginning.
Owner: Mountain View Community Church of Fort Collins,Inc.
2. Lots 2&3,Fort Collins Brewery,City of Fort Collins,County of Larimer,
State of Colorado
Replat of North Lemay Subdivision, Second Filing, Being Within the
Northeast One-Quarter of Section 12, Township 7 North,_Range 69 West
of the Sixth Principal Meridian,County of Larimer,State of Colorado.
Owner: Out West Properties,LLC
3. Lot 1,Vanworks Subdivision Second Filing, City of Fort Collins, County
of Larimer, State of Colorado,described as:
A part of Section 12, Township 7 North, Range 69 West of the 6 h P.M.,
City of Fort Collins, Larimer County, Colorado, more particularly
described as follows: Lot 1, Vanworks Subdivision Second Filing,
described as follows: Beginning at the Northeast coiner of Lot 1,
Vanworks Subdivision Second Filing; thence run South 00°00'00" West
along the east line of said Lot 1 for a distance of 528.37 feet; thence run
North 89°58'44" West for a distance of 290.31 feet to the west line of said
Lot 1;thence run North 00°43'34"East along said west line for a distance
of 96.21 feet; thence run North 90°00'00" East along said west line for a
distance of 243.53 feet; thence run North 00'00'00" East along said west
line for a distance of 432.07 feet to the Northwest corner of said Lot 1;
thence run South 90°00'00" East along the north line of said Lot 1 for a
distance of 45.56 feet to the Point of Beginning. Contains 47,572 square
feet,more or less, and subject to all easements and rights of way of record.
Lot 2,Vanworks Subdivision Second Filing, City of Fort Collins, County
of Larimer, State of Colorado. Contains 103,850 square feet,more or less,
and subject to all easements and rights of way of record.
Lot 3,Vanworks Subdivision Second Filing,City of Fort Collins, Larimer County,
Colorado.
Except a part of Section 12, Township 7 North,Range 69 West of the 6th P.M., City
of Fort Collins,Larimer County,Colorado,more particularly described as follows:
COMMENCING at the Northeast corner of said Lot 3,thence South 00°46'00"West
a distance of 378.22 feet along the east line of Lot 3 to the POINT OF BEGINNING;
-thence South 00°46'00"West a distance of 250.10 feet;
-thence North 89°58'42" West a distance of 185.26 feet;
-thence North 00°00'00"East a distance of 268.86 feet;
-thence South 47003'00"East a distance of 49.39 feet;
-thence South 60°40.'00"East a distance of 173.90 feet to the POINT OF
BEGINNING. Altogether including 61,832 square feet,more or less and subject to
all easements and rights of way of record
Owner: GTG Investments LLC
EXHIBIT"E"
LOCATION MAP
(2/12/09)
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Existing DDA Boundary Area .. Proposed Inclusion
ATTACHMENT 2
RESOLUTION 2009-04
OF THE BOARD OF DIRECTORS OF THE FORT COLLINS,
COLORADO DOWNTOWN DEVELOPMENT AUTHORITY
RECOMMENDING TO THE FORT COLLINS CITY COUNCIL
THAT THE BOUNDARIES OF THE DOWNTOWN
DEVELOPMENT AUTHORITY BE AMENDED TO
INCLUDE THE PROPERTY DESCRIBED HEREIN
WHEREAS,on April 21, 1981,the City Council of the City of Fort Collins,Colorado("City
Council") adopted Ordinance No. 046, 1981, creating The Fort Collins, Colorado Downtown
Development Authority (the "Authority") and establishing the boundaries of the Downtown
Development District(the"District");and
WHEREAS, Section 31-25-822, C.R.S., as amended, allows for the inclusion of additional
property in the boundaries of the District subject to the receipt of a satisfactory petition therefor
from the owner in fee and approval by the Board of Directors of the Authority ("Board") and the
City Council; and
WHEREAS, on March 12, 2009, the Board adopted Resolution 2009-03 finding the
petitions for inclusion received from fee owners of seven(7)properties("Howes/Laurel Street Area
Properties")to be in accordance with Section 31-25-822, C.R.S., as amended, and recommended to
the City Council of the City of Fort Collins ("City Council") that it approve the inclusion of such
properties within the boundaries of the District;and
WHEREAS, the City Council, by the adoption of Ordinance 038, 2009 on May 5, 2009,
approved the inclusion of the Howes/Laurel Street Area Properties within the boundaries of the
District;and
WHEREAS, having discovered an inaccuracy in the legal description of one of the
Howes/Laurel Street Area Properties, the fee owner of such property has submitted to the DDA a
corrected petition and legal description;and
WHEREAS, attached hereto as Exhibits "A", "B", "C", "D", "E", "F" and "IT'
respectively, and incorporated herein by this reference, are copies of the petitions for inclusion of.
the Howes/Laurel Street Area Properties,including the corrected petition; attached hereto as Exhibit
"H" and incorporated herein by reference are the legal descriptions of the Howes/Laurel Street Area
Properties, including the corrected legal description, and the name of the fee owner of each such
property; and
WHEREAS, a corrected map depicting the locations of the Howes/Laurel Street Area
Properties is attached as Exhibit"I"and incorporated herein by this reference; and
WHEREAS, the Board has duly considered the attached petitions for inclusion of the
Howes/Laurel Street Area Properties and found that such petitions meet the requirements of Section
31-25-822,C.R.S.,as amended.
WHEREAS, the Board desires to repeal Resolution 2009-03 with the adoption of this
resolution;and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY, that Resolution
2009-03 of the Board is hereby repealed by this resolution, and it is hereby recommended to the
City Council that it approve the inclusion of the Howes/Laurel Street Area Properties as described
herein within the boundaries of the District; and
Passed and adopted at a regular meeting of the Board of Directors of The Fort Collins,
Colorado Downtown Development Authority this 1 I m day of June,2009.
Patty Spen r,rhairperson
ATTES
Bill s, Secretary
Exhibit
Petition of Vernon D-.Salley Family
Trust and.Barbara A.13alley for
Vernon D.Bailey Family Trust 317 W.Mulberry
c/o 503 South Howes Street
Fort Collins,CO 80521
December 17;2008
Chip Steiner
Downtown Development Authority
19 Old Town Square
Fort Collins,CO 80524
Dear Mr.Steiner:-
Vernon D.Bailey Family Trust and Barbara A.Bailey,an ownership entity and a private individual,would
like to petition the DDA for inclusion of the following described property Into the Downtown
Development Authority district boundaries:
LOT4,BLK95,HARRISON,FTC.
The property above is majority-owned by Vernon D.Bailey Family Trust(77.2%). The property is co-
owned by Barbara A.Bailey(22.8%). The undersigned hereby attest that each is of the authoritytp
submit this petition on behalf of the respective ownership entities. Attached is documentation
validating this authority.
Thank you for your consideration.
Respectfully,
400nV D. iley FamllyTrust
eai Saundra L Leer
Its- Its
Bapbara A.A.Balley
Barbara A.Bailey
Exhibit"B"
Petition of Barbara A.Bailey for
509 3.Howes .
Barbara A.Bailey
503 S.Howes Street
Fort Collins,CO 80521
December 17,2008
Chip Steiner
Downtown Development Authority
19 Old Town Square
Fort Collins,CO 80524
Dear Mr.Steiner:
I would like to petition the DDA for Inclusion of the following described property Into the Downtown
Development Authority district boundaries:
N% LOT3,BLK 95,.HARRISON,FTC
As sole owner of the property,.I am of the authority to submitthis petition.
Thank you for your consideration.
Respectfully,
Barbara .Bailey
Exhibit"V'
Petition of Kruger Rentals,Inc.and
Clary Properties,LLC for
Kruger Rentals,inc.and Clary Properties,LLC
616 S.Howes
515 S.Howes Street
Fort Collins,CO 80521
December 17,2008
Chip Steiner.
Downtown Development Authority
19 Old Town Square
Fort Collins,CO'80524
Dear Mr.Steiner:
Kruger Rentals,Incorporated,a Colorado Corporation,and Clary Properties,LLC,a Colorado Limited
Liability Company,would like to petition the DDA for inclusion of the following described property into
the Downtown Development Authority district boundaries:
S Y,OF LOT 3,BLK 95,HARRISON,FTC
The property above is majority owned by Kruger Rentals,Incorporated(60%). The property is co-owned
by Clary Properties,LLC(40%). Both parties undersigned hereby attest that each is of the authority to
submit this petition on behalf of the respective ownership entities. Attached is documentation
validating this authority.
Thank you for your consideration.
Respectfully,
Kruger Rent ls,Inc. Clary Properties,LLC
Dale A.Kruger 4ellssa Clary
Its errs:�c..z— Its Aie��
Exhibit"D" �10 },pO
•Petition of Board of Governors of 1VefS71y
Colorado State University System
555 S.Howes
Office of the President
102 Administration Building
Fort Collins,Colorado 80523-0100
(970)491.6211
FAX:(970)491-0501
June 9, 2009 w .colustateedn
Matt Robenalt, Executive Director
Fort Collins DDA
19 Old Town Square,'Suite 230
Fort Collins, CO 80524
Re: 555 S. Howes Street
Mr. Robenalt: .
The Board of Governors of the Colorado State University System seeks to petition the
Fort Collins Downtown Development"Authority Board of Directors for inclusion of the
following described property into the Fort Collins Downtown Development Authority
district boundaries.
The property to be considered for inclusion is located at 555 South Howes Street, Fort
Collins, Colorado 80521, and is legally described as:
LOTS 1, 2 AND 6, BLK 95, FTC
The property above is owned by the Board of Governors of the Colorado State
University System.
Sincerely,
Dr. An hon A. Frank
Interim President.
Colorado.State University
Fort Collins, CO 80523
Enclosures: Signatory Authority and Copy of Deed
Colorado State University AWv,ed far
Board of Governors Meeting Submission
Febhory 25,2009 I
Stretch Goal:NA t
Strategic initiative: #HM_ Btdrgg Plea i
MATTERS FOR Acnox:
>r4"d- Pe�►th-,n fa.In�lLian og�4�,�g•'x'�ctt�in tt�e Fart Goll9ns bowrtta� ;.
�ivwtnnmlM Antt�nzitY
RECOMMENDED ACTION: 1
i
ve rho Inclusion of tho-property Irnawn as
MO'VRD,that rile lElaard of Governors aplxo
355 S Howes Street in the Port Colliers Downtown Davelupment Audlortty(DDA)_
FURTHER MOVED,that,tho President ofColomdo State Uaiveralty is authorized to
petition far itecludon of the property in tiro DDA and is lurcby taRho led to siBrt
inrplemcnft ooauracts and othct documents neccssarY and appropriate to consummate
the transaction with modifications made in oonsuludon with Oeaoral Counsel.
FUttTHZR MOV�1 tbat the Board of Governors supports I Colorado State
University R*lseareh Fouadatiods PcIldon for inclusion of tare prop�tY as�15 i
hewers Sued into the DDA.
ERPEMATION:
Ptescated by Dr.Topy Prank,Interim President,Colorado State Uulvendty
i
Inclusion of the identified Board and CSURf P!bpetties in.the DDA wiU make the old
SAE Fraternity site at the canter'of Howes and Laurel Streeb eligible for incluslon.aletce
it will become.42COnt to the now DDA boundary created at 601 S Howes. brel"w has
011MVd us to skaMeantly influence and improve the design of this impottant
development et the t:alratue to the historic Duet . ore,inclusion of"
SAE i
property allowa the r6developtnent to uxess addttionai m upgrade
Citattents in line with Ylte Improved design. !
Board Secretary
Ap roved Dealed
.Date
CSU—Pethion for bzhLgon in Pori Collins Dov vtown Devclgmcld Authority
PAP lofI
t
WARRANTY DEED
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Exhibit"E"
Petition of Colorado State University
Research Foundation
601 S.Howes St.
Matt l6t)cnalt,Executive Director
Fort Collins I)DA
1'9 Old Town Square,Suite 230
-Fort Collins.CO 8.0524
-March 5,2009
Mr. Robenall:
Colorado 5taie.t)niversity Research Foundation(CSURF)seeks to petition the DJ]A Board of
Directors for inclusion of the following described property into the Downtomm 15evelopinent-
Authority district boundaries.
:-The•propCrty to be considered for inclusion is located at 601 South Howcs Street,Fort Collins
co 80521,and is legally described as:
N 112 OF LOT 3,ALL 01'LO.1•S 4`l'HRU 6,S 1/2 OF LOT 9 R N 1/2 Ol'1.01' 10,BLK 96, FTC.
All in Block 96.Harrison's Addition,City of Fort Collins. Lariuter County,Colorado.
'fhc property abovo is owned by'Colorado State tJnivcrsity Research Foundation(CSIJRP).
Sine rely,
.Kaihlecn I leery
President/C60
Colorado State University Resc ear h Foundation
601 South House Street
Fort Collins,CO 80521
Edclosures:Signatory Authority and Copy 6i•Deed
1 Exhibit"F"
etitlon of Synod of Rocky MotintIlod of the Rocky Mountains
United Presbyterian Church USA
��((��
629 S.Howes 7061 South Unlversity Boulevard,Suite 206
V Centennial,Colorado 80122
Tel: (303)477-9070
Toll Free: (888)702-S968
#ax: (363)477-9048
Presbyterian
Church(U.S.A.)
November.5,2008
Chip Steiner
Downtown Development Authority
19 Old Town Square
Fort Collins,CO 80524
RE:Petition—629 South Howes Street,Fort Collins
Dear Mr.Steiner.
Synod of the Rocky Mountains of the Presbyterian Church(U.S.A); aka.Synod of Rocky Mountain
United Presbyterian Church in the USA,a Colorado Corporation("The Corporation"),hereby petitions
the DDA for inclusion of the following described property into the Downtown Development Authority
district boundaries:
N%LOT 2 8s S%LOT 3,BLOCK 96,HARRISON,FTC
629 South Howes-Street,Fort Collins,Colorado 80521
.The property is owned by The Corporation. The undersigned hereby attests to having legal authority to
submit this petition on behalf of The Corporation.
Thank you for your consideration.
Respectfully,
Syngd of the Rocky Mountains of the Presbyterian Church(U.S.A)
V✓esley Jon :Moderator(President of the Corporation)
Zane K.Buxton,Synod Executive
DDA-Petition-2008.05
Exhibit"G"
Petition of Colorado Delta
Assn:of Sigma Alpha Epsilon for
$06 W.Laurel
Colorado Delta Assn.of Sigma Alpha Epsilon
c%Lee Joslyn
6082 S.Lima Way
Englewood,CO 80111
December 17,2008
Chip Steiner
Downtown Devetopment Authority
19 Old Town Square
Fort Collins,CO 80524
RE:Petition—306 West Laurel Street
Dear Mr.Steiner:
Colorado Delta Assn.of Sigma Alpha Epsilon,a Colorado non-profit corporation,hereby petitions the
DDA for inclusion of the following described property into the Downtown Development Authority
district boundaries:
LOTS 1,7&S%OF LOT 2,BLK 96,HARRISON,FTC
306 West Laurel Street,Fort Collins,Colorado 80521
The property is owned by The Corporation: The dndersigned hereby attests to having legal authority to
submit this petition on behalf of The Corporation. Attached is documentation validating this authority.
Thank you for your consideration.
Respectfully,
Coioraad to As Sigma pha Epsilon
(Type.Name off Signoorr.Here)
itsY1%s
Exhibit"H"
Legal Descriptions and Fee Owners of
Howes/Laurel Street Area Properties
A. Lot 4, Block 95, Harrison, City of Fort Collins, County of Larimer, State
of Colorado
Owner: Vernon D. Bailey Family Trust and Barbara A. Bailey
B. North one-half of Lot 3, Block 95, Harrison, City of Fort Collins, County
of Larimer, State of Colorado
Owner: Barbara A.Bailey
C. South one-half of Lot 3, Block 95, Harrison, City of Fort Collins, County
of Larimer, State of Colorado
Owner: Kruger Rentals, Inc. and Clary Properties,LLC
D. Lots 1,2 and 6.Block 95,City of Fort Collins,County of Larimer, State of Colorado
Owner: Board of Governors of Colorado State University System
E. North one-half of Lot 3, all of Lots 4 through 6,the South one-half of Lot 9,and the
North one-half of Lot 10,Block 96,Harrison's Addition,City of Fort Collins,
County of Larimer, State of Colorado
Owner: Colorado State University Research Foundation
F. North one-half of Lot 2 and the South one-half of Lot 3, Block. 96,
Harrison,City of Fort Collins, County of Larimer, State of Colorado
Owner: Synod of Rocky Mountain United Presbyterian Church in
the USA
G. Lots 1, 7 and the South one-half of Lot 2,Block 96, Harrison, City of Fort
Collins,County of Larimer, State of Colorado
Owner: Colorado Delta Assn. Of Sigma Alpha Epsilon
EXHIBIT"I['
LOCATION MAP
(6/11/09)
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CExisting DDA Boundary Area : Proposed Inclusion
ORDINANCE NO. 080, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 038, 2009;
EXPANDING THE BOUNDARIES OF THE FORT COLLINS,
COLORADO DOWNTOWN DEVELOPMENT AUTHORITY;
AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY
WHEREAS,on April 21, 1981,the City Council adopted Ordinance No. 046, 1981,creating
a Downtown Development Authority (the "Authority") and establishing the boundaries of the
Downtown Development District (the "District"); and
WHEREAS, on September 8, 1981, by Resolution 81-129, the City Council approved the
Fort Collins Downtown Development Authority Plan of Development(the"Plan of Development"),
which also describes the boundaries of the District; and
WHEREAS,under Section 31-25-822,C.R.S.,subsequent to the organization of a downtown
development authority, additional property may be included in the District pursuant to a petition
signed by the owner or owners in fee of each parcel of land sought to the included; and
WHEREAS, if the Board of Directors of the Authority (the "Board") approves such an
application,the Board is to then submit the application to the City Council as governing body of the
municipality in which the District is contained and,if the City Council also approves the application,
it is to amend the ordinance creating the Authority so as to include the additional property as
described in the petition; and
WHEREAS, the City Council has, on eleven previous occasions, amended Ordinance No.
046, 1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No.
002, 1982; Ordinance No. 002, 1993; Ordinance No. 199, 1998; Ordinance No. 148, 2000;
Ordinance No. 038,2004;Ordinance No. 067,2004; Ordinance No. 099,2005; Ordinance No. 035,
2008; Ordinance No. 067, 2008; and Ordinance No. 038, 2009 (the "Amending Ordinances"); and
WHEREAS, the Board recently received petitions from the fee owners of three properties
located in the vicinity of Lemay Avenue and Lincoln Avenue(the"Lemay/Lincoln Area Properties")
to include these properties in the boundaries of the District thereof, and
WHEREAS, the legal descriptions of the Lemay/Lincoln Area Properties and the name of
the fee owner of each such property is set forth on Exhibit "A" attached hereto and incorporated
herein by reference; and
WHEREAS, the Board has determined that the addition of the Lemay/Lincoln Area
Properties would further the objectives and purposes of the District as contained in the Plan of
Development and has,by Resolution 2009-02,recommended approval of said annexation petitions
by the City Council; and
WHEREAS, the Board has also received petitions from the fee owners of seven properties
located in the vicinity of Howes Street and Laurel Street(the"Howes/Laurel Street Area Properties")
to include their properties in the boundaries of the District and the Board has determined that the
addition of the Howes/Laurel Street Area Properties would further the objectives and purposes of
the District as contained in the Plan of Development and,by Resolution 2009-03,has recommended
approval of said annexation petitions by the City Council; and
WHEREAS,the City Council,by Ordinance No. 038,2009 adopted May 5,2009, approved
the inclusion of the Lemay/Lincoln Area Properties and the Howes/Laurel Street Area Properties into
the boundaries of the District and amended the Plan of Development to include these properties in
the District; and
WHEREAS, after discovering an inaccuracy in the legal description of one of the
Howes/Laurel Street Area Properties (555 South Howes Street) that had been recommended for
approval into the boundaries of the District by Resolution 2009-03 of the Board and approved for
inclusion into the District by Ordinance No. 038, 2009 of the.City Council, the fee owner of such
property submitted to the DDA a corrected petition for inclusion and corrected legal description of
555 S. Howes Street; and
WHEREAS,the legal descriptions of the Howes/Laurel Street Area Properties,including the
corrected legal description of 555 S. Howes Street, and the name of the fee owner of each of the
Howes/Laurel Street Area Properties are set forth on Exhibit`B,"attached hereto and incorporated
herein by reference; and
WHEREAS, on June 11, 2009, the Board repealed its Resolution 2009-03; determined that
the addition of the Howes/Laurel Street Area Properties, including the corrected legal description
of 555 South Howes Street, would further the objectives and purposes of the District as contained
in the Plan of Development; and adopted Resolution 2009-04 recommending approval of said
annexation to the City Council; and
WHEREAS,inaccuracies have also been discovered in the amended legal description of the
District which was included in Section 3 of Ordinance No. 046, 1981 and the Plan of Development
by Ordinance No. 038, 2009 of the City Council, which errors have been corrected; and
WHEREAS, the City Council desires to repeal Ordinance No. 038, 2009 and to adopt this
Ordinance approving the inclusion of the Lemay/Lincoln Area Properties and the Howes/Laurel
Street Area Properties, including the corrected legal description of 555 S. Howes Street, into the
boundaries of the District and amending Section 3 of Ordinance No. 46, 1981 and the Plan of
Development to include the corrected amended legal description of the District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby repeals Ordinance No. 038, 2009.
-2-
Section 2. That the City Council hereby approves the inclusion of the following
properties into the boundaries of the District and finds that such inclusion is in the best interests of
the City and will not substantially modify the Plan of Development:
Lot 2, Second Replat of North Lemay Subdivision, Second Filing, a Minor
Subdivision, City of Fort Collins, County of Larimer, State of Colorado
A tract of land located in the Northeast Quarter of Section 12, Township 7 North,
Range 69 West of the 6`h Principal Meridian,City of Fort Collins,County of Larimer,
State of Colorado being more particularly described as follows:
Commencing at the East Quarter Corner of Section 12,
thence North 00°00'00' West, 539.88 feet;
thence South 90°00'00" West, 70.00 feet to the POINT OF
BEGINNING;
thence South 89°57'00"West 370.00 feet;thence North 00°00'00"East,748.04 feet;
thence North 90°00'00" East, 355.00 feet; thence along a curve concave to the
Southwest having a central angle of 90°00'00" with a radius of 15.00 feet, an arc
length of 23.56 feet and the chord of which bears South 45000'00" East 21.21 feet;
thence South 00°00'00" West, 732.72 feet to the Point of Beginning.
and
Lots 2 & 3, Fort Collins Brewery, City of Fort Collins, County of Larimer, State of
Colorado
Replat of North Lemay Subdivision,Second Filing,Being Within the Northeast One-
Quarter of Section 12, Township 7 North, Range 69 West of the Sixth Principal
Meridian, County of Larimer,State of Colorado.
and
Lot 1,Vanworks Subdivision Second Filing,City of Fort Collins,County of Larimer,
State of Colorado, described as: 4
A part of Section 12,Township 7 North, Range 69 West of the 6'h P.M., City of Fort
Collins, Larimer County, Colorado, more particularly described as follows: Lot 1,
Vanworks Subdivision Second Filing, described as follows: Beginning at the
Northeast corner of Lot 1, Vanworks Subdivision Second Filing; thence run South
00°00'00"West along the east line of said Lot 1 for a distance of 528.37 feet;thence
run North 89°58'44" West for a distance of 290.31 feet to the west line of said Lot
1;thence run North 00°43'34"East along said west line for a distance of 96.21 feet;
thence run North 90°00'00" East along said west line for a distance of 243.53 feet;
thence run North 00°00'00"East along said west line for a distance of 432.07 feet to
the Northwest corner of said Lot 1;thence run South 90°00'00"East along the north
-3-
line of said Lot 1 for a distance of 45.56 feet to the Point of Beginning. Contains
47,572 square feet, more or less, and subject to all easements and rights of way of
record.
and
Lot 2,Vanworks Subdivision Second Filing,City of Fort Collins,County of Larimer,
State of Colorado. Contains 103,850 square feet, more or less, and subject to all
easements and rights of way of record.
and
Lot 3, Vanworks Subdivision Second Filing, City of Fort Collins, Larimer County,
Colorado.
Except a part of Section 12, Township 7 North, Range 69 West of the 61.1 P.M., City
of Fort Collins, Larimer County, Colorado, more particularly described as follows:
COMMENCING at the Northeast corner of said Lot 3,thence South 00046100"West
a distance of 378.22 feet along the east line of Lot 3 to the POINT OF BEGINNING;
-thence South 00°46'00" West a distance of 250.10 feet;
- thence North 89°58'42" West a distance of 185.26 feet;
- thence North 00°00'00" East a distance of 268.86 feet;
-thence South 47°03'00"East a distance of 49.39 feet;
- thence South 60°40'00" East a distance of 173.90 feet to the POINT OF
BEGINNING. Altogether including 61,832 square feet, more or less and subject to
all easements and rights of way of record
and
Lot 4,Block 95,Harrison,City of Fort Collins,County of Larimer,State of Colorado,
and
North one-half of Lot 3,Block 95,Harrison,City of Fort Collins,County of Latimer,
State of Colorado
and
South one-half of Lot 3,Block 95,Harrison,City of Fort Collins,County of Larimer,
State of Colorado
and
Lots 1,2 and 6,Block 95,City of Fort Collins,County of Larimer, State of Colorado
-4-
and
North one-half of Lot 3, all of Lots 4 through 6,the South one-half of Lot 9, and the
North one-half of Lot 10,Block 96,Harrison's Addition,City of Fort Collins,County
of Larimer, State of Colorado
and
North one-half of Lot 2 and the South one-half of Lot 3, Block 96, Harrison, City of
Fort Collins, County of Larimer, State of Colorado
and
Lots 1, 7 and the South one-half of Lot 2, Block 96, Harrison, City of Fort Collins,
County of Larimer, State of Colorado.
Section 3. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending
Ordinances)be, and hereby is, further amended by deleting the legal description contained therein,
which description establishes the boundaries of the District, and by substituting the following
therefor:
BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE
AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE
INTERSECTION OF THE CENTERLINE OF LAUREL STREET AND THE
CENTERLINE OF THE ALLEY IN BLOCK 116 HARRISON'S ADDITION
EXTENDED; THENCE NORTHERLY ALONG THE CENTERLINE OF THE
ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH
BLOCK 115 HARRISON'S ADDITION, TO THE CENTER OF MULBERRY
STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE
INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE
SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE
CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE
CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF
THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95
HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID
EXTENSION AND ALONG THE SAID CENTERLINE TO THE EASTERLY
EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 10 BLOCK
96 HARRISONS ADDITION; THENCE WESTERLY ALONG THE SAID
EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE
OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST
LINE, TO THE NORTH LINE OF THE SOUTH HALF OF LOT 9 BLOCK 96
HARRISONS ADDITION; THENCE EASTERLY ALONG THE SAID NORTH
LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH
SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISONS ADDITION; THENCE
NORTHERLY ALONG THE SAID CENTERLINE, TO THE EASTERLY
-5-
EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISONS
ADDITION;THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND
ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM
STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE
NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG
THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE
OF THE NORTH SOUTH ALLEY;THENCE NORTHERLY ALONG THE SAID
CENTERLINE TO THE CENTERLINE OF MULBERRY STREET; THENCE
EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE
CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE
INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE
WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF
MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY
ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM
STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID
CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND
WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE
TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA
STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE
INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET, AND
CANYON AVENUE;THENCE NORTHEASTERLY ALONG THE CENTERLINE
OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND
THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED;
THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET;THENCE
NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE
NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO
THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE
INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE
EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE
NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82,81,TO
THE CENTERLINE OF MOUNTAIN AVENUE;THENCE WESTERLY ALONG
SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND
CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG
SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2 FEET NORTH
OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF
SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2
FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH-
SOUTH ALLEY IN BLOCK 51; THENCE SOUTHERLY TO THE
INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT
5,BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO
THE CENTERLINE OF MELDRUM STREET;THENCE NORTHERLY ALONG
SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE
COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY,
ALONG SAID RIGHT-OF-WAY LINE,TO THE CENTERLINE OF SHERWOOD
STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE
-6-
INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE
EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE
NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE
NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE
NORTH LINE OF BLOCK 26,TO THE CENTERLINE OF COLLEGE AVENUE;
THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE
DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12;
THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12, T7N,
R69W OF THE SIXTH P.M.; THENCE(CONSIDERING THE SOUTH LINE OF
THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST
AS BEARING S89058'19"E AND WITH THE FOLLOWING BEARINGS
l
CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE
EAST LINE OF THE WEST 1/2 OF SAID SECTION 12,S00007'56"W 46.77 FEET
TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST
VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY
LINE, N88018'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 15
LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE
EASTERLY . LINE OF SAID LARIMER COUNTY SHOPS MINOR
SUBDIVISION, N01016'55"W 208.11 FEET, AND AGAIN S85023'42"W 65.98
FEET,AND AGAIN N55°34'00"W 253.90 FEET,AND AGAIN NI 8q5 1'00"E 34.17
FEET,AND AGAIN N73033'44"E 105.85 FEET,AND AGAIN N 12°50'18"E 71.56
FEET,AND AGAIN N 10°20'00"W 42.66 FEET,AND AGAIN N41°50'00"W 84.01
FEET, AND AGAIN N51015'00"W 193.28 FEET, AND AGAIN N67026'23"W
74.87 FEET;THENCE N 18050'30"E 108.60 FEET;THENCE N89°59'13"E 1484.20
FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION;
THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE
SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE
ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION,N86047'41"E
140.22 FEET,AND AGAIN N80004'26"E 40.61 FEET,AND AGAIN N87042'34"E
125.10 FEET, AND AGAIN N70002'35"E 120.45 FEET TO A POINT ON THE
EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET AS
RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE
845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE,
S67039'55"E 180.15 FEET,AND AGAIN S00-01'55"E 244.97 FEET TO A POINT
ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE;
THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE,
N880 18'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-
WAY LINE OF NORTH LEMAY AVENUE;THENCE ALONG SAID EXISTING
WEST RIGHT-OF-WAY LINE,S00°O1'59"E 581.65 FEET TO THE SOUTHEAST
CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE
ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D.,
S88018'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW
BELGIUM BREWERY THIRD FILING;THENCE ALONG THE EAST LINE OF
SAID LOT 2 AND ITS SOUTHERLY EXTENSION,S00001'59"E 805.42 FEET TO
A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF
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BUCKINGHAM STREET;THENCE ALONG THE SOUTH RIGHT OF WAY TO
THE EAST LINE OF LOT 2 OF THE SECOND REPLAT OF NORTH LEMAY
SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID
EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE
WESTERLY ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST
LINE OF THE SAID LOT 2;THENCE NORTHERLY ALONG THE SAID WEST
LINE TO THE SAID SOUTH RIGHT OF WAY OF BUCKINGHAM STREET;
THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE
EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING;
THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY
LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A
WARRANTY DEED RECORDED AT RECEPTION NO.20080043084 LARIMER
COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE,
WESTERLY TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION
SECOND FILING; THENCE NORTHERLY AND NORTHWESTERLY ALONG
THE SAID WEST LINE AND ITS EXTENSION, TO THE NORTHEAST
CORNER OF LOT 23, REPLAT OF NORTH LEMAY SUBDIVISION, SECOND
FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 23, TO THE
NORTHWEST CORNER OF SAID LOT 23; THENCE SOUTHEASTERLY
ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23 AND ALONG THE J
SOUTHWESTERLY LINE OF LOT 3, VANWORKS SUBDIVISION SECOND
FILING TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION
SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE
AND ITS SOUTHERLY EXTENSION,TO THE NORTHEAST CORNER OF LOT
2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH
LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT
ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET;
THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY
LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF
BUCKINGHAM STREET;THENCE WESTERLY ALONG THE SAID EXISTING
SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE
WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST
LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY
PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN
AVENUE; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST
LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF LOT 2,
ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY
ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER
OF THE SAID LOT 2;THENCE ALONG THE NORTH LINE OF THE SAID LOT
2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY
SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID
LOT 1;THENCE ALONG THE EAST LINE OF THE SAID LOT 1, SOUTHERLY
TO THE SOUTHEAST CORNER OF THE SAID LOT I AND TO THE SAID
NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE
CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST
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LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE
REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE
NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE
SAID LOT 2;THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND
ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY
SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE;
THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO
THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE;
THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE
NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF
SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT
OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST
CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; ,THENCE
(CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH
00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH THE FOLLOWING
BEARINGS CONTAINED HEREIN RELATIVE THERETO),RUNNING ALONG
THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D.THE NEXT
FIVE (5) COURSES: 1) NORTH 72 DEGREES 53 MINUTES 48 SECONDS
EAST,A DISTANCE OF 93.02 FEET; 2)ALONG THE ARC OF A 465.50 FOOT
RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38
DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET
HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44
SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33
MINUTES 17 SECONDS EAST,A DISTANCE OF 498.09 FEET;4)ALONG THE
ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC
DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86
DEGREES 02 MINUTES 19 SECONDS EAST,A DISTANCE OF 80.82 FEET; 5)
NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST,ALONG SAID SOUTH
LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO
THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION
NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS
WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE
SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF
120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS
WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38
MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET; THENCE
SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF
136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS
WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22
MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT
ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A
NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID
NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A
-9-
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04
MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET, AN ARC
DISTANCE OF 14.48 FEET,A CHORD BEARING OF NORTH 89 DEGREES 33
MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89
DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET
TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF
WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG
THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET,
WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH
LEMAY AVENUE;THENCE ALONG THE SAID WESTERLY RIGHT OF WAY
OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF
WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID
SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE,WESTERLY TO THE
EAST LINE OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED
FEBRUARY 6, 2004 AT RECEPTION NO. 20040011665 RECORDS OF THE
CLERK AND RECORDER OF LARIMER COUNTY; THENCE ALONG THE
EAST LINE OF THE SAID IN-SITU SUBDIVISION SOUTHERLY,WESTERLY
AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU
SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU
SUBDIVISION TO THE WEST LINE OF THE SAID IN-SITU SUBDIVISION;
THENCE ALONG THE SAID WEST LINE OF THE IN-SITU SUBDIVISION,
NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN
AVENUE;THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY
TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER;
THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER,
SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF
WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE
WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF-
WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE
SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, TO THE
SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE
WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE
WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE
NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE
SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE
WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE
PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE
SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN
BLOCK 141,; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A
POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK
141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET
WESTERLY FROM THE EAST LINE OF SAID LOT 17,AND ITS SOUTHERLY
EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET;
THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE
WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY
-10-
ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY
OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH
RIGHT OF WAY TO THE EAST RIGHT OF WAY OF MATHEWS STREET;
THENCE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY TO THE
CENTERLINE OF EAST OAK STREET; THENCE WESTERLY ALONG THE
CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID
CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY
IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID
ALLEY TO THE WESTERLY EXTENSION OF THE NORTH LINE OF TRACT
TWO OAKPARK P.U.D;THENCE EASTERLY ALONG THE SAID EXTENDED
LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE
WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY
ALONG THE SAID WEST RIGHT OF WAY TO THE SOUTH LINE OF THE
SAID TRACT TWO OAKPARK P.U.D;'THENCE WESTERLY ALONG THE
SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF
THE NORTH SOUTH ALLEY IN BLOCK 132;THENCE SOUTHERLY ALONG
SAID ALLEY TO A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER
OF LOT 2; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF
LOT 2 TO THE CENTERLINE OF MATHEWS STREET;THENCE SOUTHERLY
ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE
OF OLIVE STREET;THENCE EAST ALONG THE CENTERLINE TO A POINT
OPPOSITE THE EAST LINE OF LOT 8,BLOCK 143;THENCE SOUTH TO THE
CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143; THENCE WEST
TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH TO A
POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE
WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF
THE NORTH-SOUTH ALLEY IN BLOCK 133;THENCE NORTHERLY ALONG
SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE
WESTERLY TO THE INTERSECTION OF EASf OLIVE STREET AND
REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE
TO A POINT OPPOSITE THE NORTH LINE OF LOT 15,BLOCK 133;THENCE
EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF
THE NORTH-SOUTH ALLEY IN BLOCK 133;THENCE SOUTHERLY ALONG
SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET;THENCE
WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND
REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE
TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY
STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY
STREET TO THE INTERSECTION OF THE EXTENSION OF THE
CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON
CENTERLINES OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE
CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID
CENTERLINE TO THE POINT OF BEGINNING.
REVISED: TUNE 25, 2009
-11-
Section 4. That the Plan of Development is hereby amended by the City Council so as
to delete the legal description for the Downtown Development Authority boundary contained on
page 3 thereof, and to substitute therefor the legal description contained in Section 3 of this
Ordinance.
Introduced,considered favorably on first reading,and ordered published this 7th day of July,
A.D. 2009, and to be presented for final passage on the 21 st day of July, A.D. 2009.
Mayor
ATTEST:
Deputy City Clerk
Passed and adopted on final reading on the 21 st day of July, A.D. 2009.
Mayor
ATTEST:
City Clerk
-12-
Exhibit "A"
Legal Descriptions and Fee Owners of
Lemay/Lincoln Area Properties
1. Lot 2, Second Replat of North Lemay Subdivision, Second Filing, a
Minor Subdivision, City of Fort Collins, County of Larimer, State of
Colorado
A tract of land located in the Northeast Quarter of Section 12,
Township 7 North, Range 69 West of the 6`h Principal Meridian, City
of Fort Collins, County of Larimer, State 'of Colorado being more
particularly described as follows:
Commencing at the East Quarter Corner of Section 12,
thence North 00°00'00' West, 539.88 feet;
thence South 90°00'00" West, 70.00 feet to the POINT OF
BEGINNING;
thence South 89°57'00" West 370.00 feet; thence North 00°00'00"
East, 748.04 .feet; thence North 90°00'00" East, 355.00 feet; thence
along a curve concave to the Southwest having a central angle of
90100'00" with a radius of 15.00 feet, an arc. length of 23.56 feet and
the chord of which bears South 45°00'00" East 21.21 feet; thence
South 00°00'00" West, 732.72 feet to the Point of Beginning.
Owner: Mountain View Community Church of Fort Collins, Inc.
2. Lots 2 & 3, Fort Collins Brewery, City of Fort Collins; County of
Larimer, State of Colorado
Replat of North Lemay Subdivision, Second Filing, Being Within the
Northeast One-Quarter of Section 12, Township 7 North, Range 69
West of the Sixth Principal Meridian, County of Larimer, State of
Colorado.
Owner: Out West Properties, LLC
3. Lot 1, Vanworks Subdivision Second Filing, City of Fort Collins,
County of Larimer, State of Colorado, described as:
A part of Section 12, Township 7 North, Range 69 West of the 61h
P.M., City of Fort Collins, Larimer County, Colorado, more
particularly described as follows: Lot 1, Vanworks Subdivision Second
Filing, described as follows: Beginning at the Northeast corner of Lot
1, Vanworks Subdivision Second Filing; thence run South 00000'00"
West along the east line of said Lot 1 for a distance of 528.37 feet;
thence run North 89°58'44" West fora distance of 290.31 feet to the
west line of said Lot 1; thence run North 00°43'34" East along said
west line for a distance of 96.21 feet; thence run North 90000'00" East
along said west line for a distance of 243.53 feet; thence run North
00100'00" East along said west line for a distance of 432.07 feet to the
Northwest corner of said Lot 1; thence run South 90°00'00" East along
the north line of said Lot 1 for a distance of 45.56 feet to the Point of
Beginning. Contains 47,572 square feet, more or less, and subject to all
easements and rights of way of record.
Lot 2, Vanworks Subdivision Second Filing, City of Fort Collins,
County of Larimer, State of Colorado. Contains 103,850 square feet,
more or less, and subject to all easements and rights of way of record.
Lot 3, Vanworks Subdivision Second Filing, City of Fort Collins, Larimer
County, Colorado.
Except a part of Section 12, Township 7 North, Range 69 West of the 6th P.M.,
City of Fort Collins, Larimer County, Colorado, more particularly.described as
follows:
COMMENCING at the Northeast corner of said Lot 3, thence South 00°46'00"
West a distance of 378.22 feet along the east line of Lot 3 to the POINT OF
BEGINNING;
- thence South 00046'00" West a distance of 250.10 feet;
- thence North 89°58'42" West a distance of 185.26 feet;
- thence North 00100'00" East a distance of 268.86 feet;
-thence South 47°03'00" East a distance of 49.39 feet;
- thence South 60°40'00" East a distance of 173.90 feet to the POINT OF
BEGINNING. Altogether including 61,832 square feet,more or less and subject
to all easements and rights of way of record
Owner: GTG Investments LLC
Exhibit`B"
Legal Descriptions and Fee Owners of
Howes/Laurel Street Area Properties
1. Lot 4, Block 95, Harrison, City of Fort Collins, County of Larimer,
State of Colorado
Owner: Vernon D. Bailey Family Trust and Barbara A. Bailey
2. North one-half of Lot 3, Block 95, Harrison, City of Fort Collins,
County of Larimer, State of Colorado
Owner: Barbara A. Bailey
3. South one-half of Lot 3, Block 95, Harrison, City of Fort Collins,
County of Larimer, State of Colorado
Owner: Kruger Rentals, Inc. and Clary Properties, LLC
4. Lots 1, 2 and 6, Block 95, City of Fort Collins, County of Larimer, State of
Colorado
Owner: Board of Governors of Colorado State University System
5. North one-half of Lot 3, all of Lots 4 through 6, the South one-half of Lot 9, and
the North one-half of Lot 10, Block 96, Harrison's Addition, City of Fort Collins,
County of Larimer, State of Colorado
Owner: Colorado State University Research Foundation
6. North one-half of Lot 2 and the South one-half of Lot 3, Block 96,
Harrison, City of Fort Collins, County of Larimer, State of Colorado
Owner: Synod of Rocky Mountain United Presbyterian Church
In the USA
7. Lots 1, 7 and the South one-half of Lot 2, Block 96, Harrison, City of
Fort Collins, County of Larimer, State of Colorado
Owner: Colorado Delta Assn. Of Sigma Alpha Epsilon