HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2009 - FIRST READING OF ORDINANCE NO. 084, 2009, AUTHORIZ ITEM NUMBER: 9
AGENDA ITEM SUMMARY DATE: August 18, 2009
FORT COLLINS CITY COUNCIL STAFF: Tim Kemp
Rick Richter
Lindsay Kuntz
Helen Matson
SUBJECT
First Reading of Ordinance No. 084, 2009, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the East
Drake Road and South Lemay Avenue Intersection Improvements Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The total project is anticipated to cost $220,000, including design, construction, and acquisition.
Property acquisition costs will be covered by available project funds,whether or not eminent domain
is required.
This project is funded by a combination of City and Congestion Mitigation and Air Quality Program
funds.
EXECUTIVE SUMMARY
The intersection of Drake Road and Lemay Avenue has experienced a steady increase in traffic as
development has occurred in the surrounding area. The City has designed the East Drake Road and
South Lemay Avenue Improvements Project to build a new right turn lane from westbound Drake
Road to northbound Lemay Avenue. The improvements will be constructed in 2010. The Project
requires the acquisition of various real property interests from two different properties which are
located,at the northeast corner of the intersection. Since the Project will be funded through the
Congestion Mitigation and Air Quality (CMAQ) Program,,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 Intent Letter. 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. Given the recommended
construction schedule for the Project and the fact that the acquisitions must be conducted under
August 18, 2009 -2- Item No. 9
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
Right-of-Way Acquisition Plan. The Plan indicates that property interests will be needed from a
small parcel owned by a homeowners association and another small parcel that has a"clouded"title.
City staff has met with representatives for the homeowners association on-site and has attended a
board meeting to answer additional questions. Research continues on the chain of title on the second
parcel in order to contact any surviving heirs.
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. It may also be necessary to acquire the
property interests needed from the parcel with unclear title using the eminent domain process if,no
clear ownership can be determined. Staff is requesting authorization of eminent domain for all
property acquisitions, if such action is necessary.
Prior to First Reading of this Ordinance,the property owners were notified by certified mail of this
request to Council for authorization of eminent domain.
ATTACHMENTS
1. Location Map
ti
ATTACHMENT 1
Attachment"1"
Drake Road & Lemay Avenue
Intersection Improvement .Project
Location Ma
33
LLJ
f
1 Qp0
SCOTCH PINES
SHOPPING PLAZA
FIRST CHRISTIAN CHURCH
i
�.7744
N
Project Location
ORDINANCE NO. 084, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC
IMPROVEMENTS RELATED TO THE EAST DRAKE ROAD AND
SOUTH LEMAY AVENUE INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the East Drake Road and South Lemay Avenue Intersection Improvements
Project (the "Project") is scheduled to begin construction in the spring of 2010; and
WHEREAS, traffic counts during peak usage show that a significant percentage of
vehicles are backing up at the Project intersection, causing failure of City sight distance
standards and reducing safe traffic flows; and
WHEREAS, the Project involves constructing an additional turn lane, replacing
sidewalks, and relocating landscape materials; and
WHEREAS, it is necessary for the City to acquire'certain interests in the properties
hereinafter described on Exhibits "A" and `B", attached hereto and incorporated herein by this
reference (the "Property Interests"), for the purpose of constructing the Project; and
WHEREAS, the City will continue to negotiate in good faith for the acquisition of the
Property Interests from the landowners; and
WHEREAS, the acquisition of the Property Interests is desirable and necessary for the
construction of the Project, is in the City's best interest and enhances public health, safety, and
welfare; and
WHEREAS, the acquisition of the Property Interests 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 it is necessary in
the public interest to acquire the Property Interests described on Exhibits "A" and `B" for the
purpose of the East Drake Road and South Lemay Avenue Intersection Improvements Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Interests for the City by eminent domain.
Section 3. The City Council finds, in the event that acquisition of the Property
Interests 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 1 Sth day of
August, A.D. 2009, and to be presented for final passage on the 1st day of September, A.D.
2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1st day of September, A.D. 2009.
Mayor
ATTEST:
City Clerk
Exhibit"A"
Page I of 5
tTuT, INC.GUN tv" CfMlNeFp�
RIGHT OR WAY DESCRIPTION
A tract of land located in the Northwcst Quarter of Section 30,Township 7 North,Range 68 West of
the 6'h Principal—Mrfidian,City of Fort Collins,County of Latimer,State of Colorado,being Tnorc
particularly described as.follows;
Basis of Bearin.-S:Consideiing the North line of the Northwest Quarter of said Section 30 as defined
by the City of Fort Collins Ground Master System,as bearing South 80'59'09"East inoiturnonted at
the Norflnvrst Comer and the North Quarter Comur by a 3'W'Ahoeirtutri.Cap(LS 201.23),and with
all beatings hereon relative thereto.
Commencing at the Northwest Corner of&aM Section 30,thence along f he North line of said
N01111west Quarter, S�uth 89059'09"East,40.00 feet to a Point On the NVCSt line of that parcel
described at Book 1707'Page 22,in the Latimer County Uetk and RccordLr's Office,said point
also being the POINT OF BEGINNING;
Thcuev along said West pime).line.also being a line lying 40M feet'Gast of and parallel with the
West line of said NorthwestQtutrtf-T Of Section 3%South Q(r 13'5611 East, 27.74 feet-,
Thence departing said West parcel Prate and continuing along said parallel ffile,
South 00'13'5C'73us1, 84.71 .Feet;
Thence along the arc ora non-taugent curve to thelcil, 11,10 feet,said curve havingaradins or
22-50 fceLa central angle of23016'34�' and a cliord'bearing South 52'59'47"Ran, 10.99 feet;
Thence South 67'08'04"East, 138,87 fee;
Thurice along diatirc of a tangentcurve to the 10 59.25 feet,said curve having a radius of 415.50
feet acentral angle of 08'10'12",and a chord-bearing South 71'13'10"East,59.20 feet;
Thence along the are of a non4angcrit curve to the left 74,61. feet,said curve h-mring a radius of
417.25 feet,a central angle of 10*14,53",and a chord bearing South 74025'47"East,74.53 feet to
it point,on the Southwesterly lhic of the a(brenientioncd parcel described.in Book 1707 Page 22;
Thence along said parcel line South 55'1 W05"Bast,9.90 feet to a point approximating the
existing back of walk;
Thence along a line approximating the existing back of-walk the ftillowing six{6)ca Is
1) Along the arc of a non-tangent curve to the right 129.71 feet,said curve having a radius
ot'423.80 feet,a cent", angle of 17'32'08",and a chord bearing North 78'1.3'09"West,
129,20.rect
2) Thence North 67'02'54"West, 151.73 feet;
3) Thence along the are of a tangent curve Ln the right 22.73 fbet, said curve having a radius
of 19.001'ect,a central angle of 68'3 1'581%and a chord Daring North 32050'32"West,
21,40 feet;
4) Thence North 01'26'15" fast,23.05 feet;
5.) Thenc(.North 0205410811 East,29,21 feet,
Exhibit"A"
Paee 2 of 5
6) Thence North 00'1 T49"East,02,01 feet to a point on the North line of the Northwest
Quarter of said Section 30;
Thence along said North line South 89°59'09"East,2.27.feet to the POINT OF BEGMING.
The above described tract contains 0 088 acres,(3,853 square fect),more or less,and is subject to
all easements and rights of way of record or existing.
,Kathryn Jane Lyon
Colorado Professional Land Surveyor Registration Number 38110
For and on behalf of: 00 Lie
TST Consul tingEnj,dneers,.Lnc. ..rw.a.•a•
748 Whalers Way
Fort Collins,CO 80525 ro
(970)226-0557 11d
K:l102110005'\Drake.aoci LctuayCizgalsT-.X1[[BPC A-CityltOW.cluc �, r'•, ��/J� •,•
ti1M1A•a
Page 2 of 3
A REPRESENTATION OF
RIGHT OF WAY DESCRIPTION
I CITY OF FORT rCWNS
POW OF COMMEICEAEW GROUNDMASMR POINT 4BO
CITY OF FORT COLLINS ry N 1/4 CORNER SEC. 30
^ROUNDMAS}ER POINT 479 POW�� � T7N., R68W
NW CORNER SECTION 30 OF MONUMENT
ALUM. CAP IN--
77N., R6aW NORT}i LINE OF THE NW 1/4MONUMENT BOY.
FOUND 3-1/4" ALUM. C 59OBE OF SM'iON.3D. T7N.AP S89' ' " ^ , R65W. STAM-PED LS ZQ123
_IN MONUMENT BOX k 46.00' S 89'59'09" E 2561.37'
STAMPED L$ 20i2,3 (1980 _ LS - 10' POWER LINE EASEMENT TO THE CITY OF FORT CCLL'NS: BOOK 1630 PAGE 9m
/ 4D.00 yr OL1P,V- TABLE
I CUBYc I LENGTH RADIUS DELTA I BEARING CHORD
f 1 G Cl 1 11"'0, E 10s9'
a�. C2 59.?3' 47i550 I 8't0'12' - 71*I 1 � 63.20'
"r✓~ MS i�x� - 3 7 fi3' 417.25' `07A S 742 4 " 9 74-53!
BACK Of TH C4 1 129.71' 1 423.W 1 1732'"' 8'i 'G9' W 129.20'
") ,r WALK .I fo C5 22. 1' 19.0A' SB`�1'Sd` I N 325V, 7' W 21.40'
REW'�4p
z z H LINE TABLE
w R a <`J cYgR3�R
LINE BEARING I LENGTH
!7 $ I O C5'E 5.90,
F (�f. "O L� r. ,.
2 \ fri - �bg H O1 Z 1 23.05'
a ` =F m ' ,: s:t• Oq 7 [3 N 02.54'Og' E '
M cs �Ys �';•,x�yti� QB,g?, 'd., L4 N OD'77'49' E 1 62.01'
W y "'.. �vj rf°,rJi•?a�. .l5 S 89 ' £ 1 2. T
PARKWOOD PROPERTY
'^�, �a.:� j;-.. Cy OWNERS ASSOCIATION
f;lC${T OF WAY - i
60 0 �', BOOK 1707 PAGE 022
0.088 AG
scale: 1"=60`feet � j t•`".... 3�+,. \� '' ���" �(ii �,C3; aR ..
,>; _....,._.„. ... '
W
~, g EAST DRAKE ROAD
'NOTE 1HIS EXHISr. DRAWING Is PER FP*T CHRISTIAN
NO71ttTFlJDED TO BE A CHURCH WD
OL PURPOSE
A GR LAND S ITS i4. .. ._
S ..
SOLE PURPOSE i5 AS A fRP.PHtC
REPRESENTATION O 70 E IN THE
VISUALIZA710N OF 'R1E WRITTEN -
PROPERTY DESMP71ON WHICH 17 I FIRST:YALSDAY .tgpr PW roDa*rt9 D,t
ACCOMP.A.YIES THE YFNITIEN DOOK 21"PADS 243 a ROW E DRARE RD.
PROPERTY DESCRIPT,ON PER FIRST CM3CSDAN
SUPERSEDES THE EXHIBIT DRA WARRANTY DEED: cm;iwi PUB
�gp,�y�r • .........,:.r:,-.,:..,,,
114NG' WW 1771 PAaf_216
ti4f��t, j
PAGE 3 OF 3 74 1r.•.:-iieoc :eDr
,,ulrs. .0 FMM
D , a-;K,57
K:11O231DOOS,(k2!ce ar4 LemaAd+vgs\a:G�lbit for dty-RO\W,Evrt�,7Mq?WS WDM2 QA,,,\T5TSUR',Oowr:toWR 'tL', 6. :009
Exhibit"A"
Page 4 of 5
I TS I, iN.'..GGN9U<_T(KG c.NMHEf R9
i
'rEwoRARY CONSTRI.JMON EASEMENT DESCRIPTION
A tract of.land located in the Northwest Quarter of Section 30,Township 7 North,Runge 68 West of
the 6a'.Prnacipad Meridian,City of Fort Collins,County of i.atrirrier,,State of Colorado,being more
particulnrly described as follows:
Basis oTliearings:Considering the North fine of theNorthivest Quarterof said Section 30 as defined
by the City of Fort Collars Ground,Plaster System,as bearing South 89*59'09"East,ruonutnented at
the Northwest Corner and the North Quarter Carrier by a I VV Aluminum Cap(L8 20[23);and with
At hearings herein relative thereto,
Cornmoncing at the Northwest Corner ofsaid Section 30,thence along the said North line,
South 89159'09"East,40.00 feet to a point on the West line of drat parcel described at Book 1707
Page 22jo the Larimer County Clerk and Recorder's Office;
Thence along said West parcel line,also being aline tying 40,00 feet Fast of and parallel w.iflt the
West line of said Northwest Qttaeter of Section 30,Sotal€00013156"East,27.74 feet to the.PCJlNT OF
BivG INN iNC-r
Thence continuing along said.parcel line South 55't0'05"East, 18.33 feet;
Thence South 00'13'56"Bast,67.19 feet;
Thence South 670108'04"East,138.47 feet;
111e11ce along the tare of a tangent curve to the loft,57,90 feat,said curio having a radius of 400.50 ,
feet,a central angle of08'16'56",and a chord bearing South 71"16'33"East,57.84.feet;
'thence along the are of a.non-tangent ctwe to the left,35.87 feet,said curve having a radius of
402.25.feet,a central angle of 05'06'33",and chord bearing South 71'44'54"East,35.86 feet to a
point on the Southwesterly line of the aforementioned parcel described at Book 1707 Page 22;
Thence along said Southwesterly parcel Rue South 55°10'05"East.40.42 feet
Thence atong the arc ore non-tangent curve to the right,74,63:feet,said'curve having 4 radius of
4.17,25 feet,a central angle of 10°L4'53",and a chord:beariug North 7,1`25'47"West 74,33 fief;
Thence along the arc of a non-tangent curve to the right,59.25 feet,said curve having a radius of
415.50 feet,a central angle of08110'12",and achord bearing North 7/1"1YIO"West,59.20 feet;
Thence North 67'08'04"West, 139.87 feet;
Thence atom the arc of tangent curve to the right, 11.10feet,said curve having a radius of22.50
feet,a central angle of 28°.1614",and a chord bearing North 52 59'47"West, 10.99 feat to a point on
said line lyiug 40.00 feet East ofandparallel with the West line of said Northwest Quarter of Section
30;
Thence along said parallel line,North 00'l3'56"West,84,71 fact to the POINT OF BEiGINNING.
'['he above described parcel contains 0.1 15 acres(5,023 square ieet),more or less,and is subject to all
easements and rights of wary of record or existing.
Kathryn Jane Lyon
Colorado Profussioual Lznd Surveyor Registration Number 38110
® ���, +�
For and on behalf of-. + r'{i�,A�'�t`'.
TST Consul ling Engineers,faac. _ 'Q" �r t%4
748 Whalers Way iio
Port Collins,CO 80525
A REPRESENTATION OF
TEMPORARY CONSTRUCTION EASEMENT UESGRiPTION
I I Ct i. OF FORT COONS
PONT OF COMMWEMENT GROUNDMASPER POINT 460
CITY OF FORT COLLINS t m' N 1/4 CORNER SEC. 30
GROUNDMASTER POINT 479 TAN., R58W
NW CORNER SECTION 30 AAW Cr BEARINW ALUM. CAP IN
N.,T7 R68W NORTH LINE OF Tim NW 1/4 MONUMENT BOX
FOUND 5--1/4' ALUM_ CAP 9 g��£' OF SECTION 30, T714„ R68W STA WED, LS 20123
_IN MONUMENT BOX 4o:oD' S 89'59'D9" E 2561.37'
STAMPED lS 20123 (1989) 7O' POWER LINE EASEL ENT TO PIE-CPR OF FO-41 DOWNS, BOOK. 163!D PACE 986 /
27 74. L
PONT OF CURVE TABLE
1 f ! ..r,. "CUr7�e`. CFNGTH RADIUS DELTA BEMNG CMORO
i �NNNO
f 40.00' - C27 57:9G 400:50' 6'SG' S 71'T6'3y'
lt7, C72 �...r-".87' i0225 5 54' E 85.86'
C13 74.83' 4 7 5' .Q14'S3 N 74'2 `4 ' W 74.5S
0,14 59.25' 41fi.5O' 8102" N. 1Y3^40- W 59.20'
...,.., ST1N0 C15 T7.10' 28'16'34' 14 ZZV47' W 1C.99'
BACK OF
,r WAiK t LINE TABLE
\s S W UNE BEARING LENGIL{
' fi'CC OD I,. Ls 3 55'IG45" 18.3'
, C L7 S 0073'56- E w 67.48'LS s -04' M.47
L9 S 55'3[t'D8' E 4A.42' 1
Lt0 N - 'D4' W 13$,87�t
rn 2 ice., !!t N 0C•!5m W 84JT .I
,Cjr PARKWCCD PROPERTY
y�e '" Cy OWNERS ASSOCIATION
60 0 60 T y ? BOOK 1707 PACE 022
t _ 5,023 S.F.
Scale. 1"=60'fast s mz I� �. 0.415 AC.
„✓ o57jNC .
> Oqck
w EAST DP,A( ROAD
r
�� O r Z OW E.PRAR£
'NOTE: THIS £1W81T ORXWING IS PER f1fl$T WISfINN
1 PMIR4;+PUP
NOT INTENDED TO BE k .
MOWAIENTETS LAND SURVEY. ITS i �.. __..............
SOLE PURPOSE 1S AS A GRAPHIC -
REPP,ESENTATION 70 AID IN THE
VISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WriICH IT 1i aura PiJP Y
ACCOMPANIES. THE ;MTTEN FRST 4T1R157SA r FMTIDOL*StU3 PAN 2�3 6 RON L M IXE RD.
PROPERTY DESCRIPTION - PP,FRET GPSIAN :,..,.i.•w,rya c,+not
SUPERSEDES THE M13T DRAWING" 4IARRANTY PEED CNA1RGt1 PUP
900K fiTl1 PAGE 214 IrEm"L,
IT'
PAGE 2 OF 2
a".1 0>37
K:\1021UO5\',myp and L.emaYkN4gsi"hiDit Ior trry.ROLY.c�,g, 715f2OD9 8:09:2i AM,1;TSTS7R';D�rtan^.9
Exhibit 111311
Nee I of 4
T51- 114 NO rNuirlEIRS
RIGEIT OF WAYDESCUPTION
A tract of land located in the Northwest Quarter of Section 30,'Fownship 7 North,.Range 68 West
of die 6"'PTiticipal.Meridian,City ofFort Collins,County of Lorimer,State of Colorado,being
more particularly described as follows;
Basis of ft-trings: Considering the North line of Northwest Quarter of said Section 30 as
defined in the City of Fort Collins Ground Master System,as bearing South 89'59'.09"East,and
monumented by a 3'Y4"Aluminum Cap(LS 20123)at the Northwest Corner and by 0 1/4"
Aluminium Cap(LS 20123)at the North V4Corner,and with all bearings herein relative thereto.
Corrancricing at the Nor diwest Corner of said Section 30,thence along the.North line of said
Northwest Quarter,South 89059'09"East 40.00 feet to a point onthe West line of that parcel
described in Book 1707 Pige 22,in the Clerk andRworder's Office of r-arinicr County;
Thence along the Westerly and Southerly line of'said parcel the followirig wo(2)culls;
.1) South 00013156"raist, 27.74feet;
2) ThenceSouth 55'10'05".East,322.75 feet to the POfN'1'OF9ECYfNNlNG;
Thence along the arc of curve to the left 53.13 feet,said CUrve having a radius of 417,25 .fe0t, a
cearal angle of 07'17'42"and a chord.bearing.South 8 1"12'05"ISast,53.09 feet to a point on the
Southerly line of the aforementioned parcel described in Book 1707 Page 22;
Thence along said Southerly line the following two(2)caps;
1) South 73918'49"NV-est,31.97 feet;
2) Thence'North 55*10'05"West,27.03 feet to the POINT OF.BEGINN LNG.
The above described Iyarc-61 coirtmins 307 squaw feet,more or less, and 13 subject to all casements
and rights of ivay of record or existing.
Kathryn Jane Lyon
Colorado Professional I.-ind Surveyor 1tvgistration Number 38110
For and on behalf of'. 0 LIC.
TST Consulting Engineers,Inc.
748 Whalers Way
Fort Collins,CO 80525
(970)226-0557
KA102 l\0005%Drake and Lczuay\legals\FXI-lfSlT A-PW-HOA-I;U)W.dc)c
Page 1 of ......... ..
A REPRESENTATION OF
RIGHT OF WAY DESCRIPTION
j CITY OF FORT COLLINS
POINT OF COMMp9aAXr i NRO RNEN 30
0
T7N/4 CORNER SEC
R68W
SB.OklCIDI,1Afr �IN.T-47Q. B�OF B 3-1/4' ALUM. CAP
1�BRNE EGT10N�0�$4 DRAW NORTH LINE OF THE NW 1/4 MONUMENT BOX
�
.FOUND-3=a -4—ALUM—CAP_ eF OF SECTION 30, T7N., R88W STAMPED US 20123
.I 569759'09"E S8959'09'E 2561.37'
.� 40.00' 10' POWER LINE EASEMENT TO THE CITY OF FORT COWNS: BOOK 1630 PAGE 986
r II�W`SDO'13'56'E 27.74' —CURVE TABLE 46
CURVE LENGTH RADIUS DELTA BEARING CHORD
40.00' Ihl C1 53.13' 417.25' 7'1Y42" S 8312'OS E 53.09'
LINE TABLE
UNE BEARING LENGTH
�� L7 S 7318'49' W 31.6Y
L2 N 5510,05, W 27.03'
'�J � \y
0 01 PARKWOOD PROPERTY
OWNERS ASSOCIATION _ b
BOOK 1707 PAGE 022
PONT OF
I w
3307�S.F.
F WAY
EAST DRAKE ROAD —4
O jR(YN E aRAICE
'NOTE: THIS EXHIBIT DR NC 5 CHURCH PUD RSTUI!
NOT INTENDED TO BE A
MONUMENTW LAND SURVEY. ITS
SOLE PURPOSE IS AS A GRAPHIC
REPRESENTATION TO AID IN THE I Pre era
VISUAUZATIDN OF THE WRITTEN i P d By:
PROPERTY DESCRIPTION WHICH IT f FROT CHRSnAN CWRCH PUD v
S ROW E. DRAIN ARol
N
ACCOMPANIES. THE WRITTEN soak zraa PACE 245 Pelt FIRST CHRSnAN ror.:.._
PROPERTY DESCRIPTION WARRANT,a®, CHURCH PDu
SUPERSEDES THE EXHIBIT DRAYANG." I Bops 1771 PACE 216
60 0 60 74B Whalers Way
PAGE 2 OF 2 Fart Collins, CO 80525
970 226-0557
scale: 1"=60'feet IULY 6, zoos
K:\1021\0005\Drake and Lemay\dwgs\Parkwood HOA exhidt.dwg,7/6/2009 9:47:01 AM,Adobe PDF.pC3
Exhibit"B"
Pace 3 of 4
k5T- FtwnKrr"5
aft:
TEMPORARY CONSTRUCtION LASEMENT.DESCRIPTION
A tract of and located in the Northwest Quarter of Sectian 30,Townshil)7 North,Range 68 West
of the 61 Principal Meridian,City of Fort Collins,County of Latimer,State of("clorado,being
snore particularly described as follows:
Basis of.Bearings: Considering the North line of the North-west Quarter of said Section 30 as
defined in the City of:[,'oTt Collins Ground Master Systemas bearing South 89'59'09"Fast,and
morturnented by a 3 V4"Aluminum Gap(LS 20123)at the Northwest Corner and by a 3 1/4"
Aluminum Cap(LS 20123)at the North NC;orner.and with all bearings herein relative thereto.
Commencing at the Northwest Comer of said Section 30,thence along the North line of said
Northwest Quarter,South 89'59'09"}last,40.00 tEct to a point on the West line of that parcel
described in Book t707 Page 22,in the Clerk andRrcordcr's Office of 1.1rimer County;
Thence along the Westerly and Southerly line of said parcel the following two(2):calls;
1) South OO'13'56"East,27.74feet;
2) Thence South 55*1W05"East,282.33 feet to the POIN'll.'G.[',,BI4',GINNING;
Tberice along the are or curve to the left 89.23 feet, said curve having a radius DE402.25 tbet,a
central angle of 12'42'36"and a cliard bearing South 80'3929"East,89.05 feet;
Thence South 0.2°59'13" West, 14.57,fuct to point on the Southerly line of the utbromeDtio-ried
parcel described in Book 1.707 Page 22;
`nience adoag the Sotitherly line of said parcel South'139 8449" West, 1.27 feet,
Thence along the arc of a curve to the tight 53.13 G!rt to a point on the Southerly line of the
atbremantionedparcel described in Book 17071'ngc 22,said curve having a radius of 417.25:feet;
a central angle of 07"17'42": and a chord bearing North 83*12'05"West,53,09 feet;
Thence along the Southerly line of said parcel North 55"10T5" West, 40.42 f et to the rolmr
OF BEGINNING.
T[tu above described pirect contains 1,066 square feet,more or loss,and is gubjucl to all
casements and rights of way of record or existing.
Kathryn Jane Lyon
Colorado Professional Lurid SUI-MyOr Registration Number.38 110 0 Me
For and on behalf of.
T9F Consulting Engineers,Inc-
748 Whalers Way
Fort Collins,CO 80525
(970)22640557
K:\1G2A0005\Dmk-earid L.emay\tegali'AUXFfIBITA..['W-I,IOA-Slopedo *14 ..... ..
Pagel oft
A REPRESENTATION OF
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
CITY OF FORT CLINS
POWA*Z CD CE Ii
7 GROU DMASTER POINT 480
OE�L-.0E-=E JJR3_60LklPF N 1/4 CORNER SEC. 30
.GRQUND1AAc�_PAIN-L-d.7A. T7N., R_68W
NW-�QRNFR-SE4aB,@hL-Z l— M CP BEARNICS 3-1/4 ALUM- CAP
W_ NORTH LINE OF THE NW 1/4 MONUMENT BOX
F D - d1UM cen a OF SECTION 30, T7N., R68W STAMPED LS 20123
IN-MONUMENTT-BO% 589'S9'09'E SB9-59'09"E 2561.37'
40.00' 10' POWER LJNE EASEMENT TO THE CITY OF FORT COLLINS: BOOK 1630 PAGE 986
II `500'f3'S6"E 27-74' — — — — — — — — — — — — — —
CURVE TABLE
%40.00' KCURVELENGTH RADIUS DELTA BEARING CHORD
89. S 8079'29' E89.05,
53.13" 417.25' 7'17'42" N 8312'05" W 53,09'
II �
I LINE TABLE
�z III I I R ��O LINE BEARING LENGTH
I NOR \ L3 S 0259'13" W 14-57'
z z N s'Yp, PARKW
L4 S 7318'49" W 1.27'�.4r
FT �F N 5510-W W 40.42'
3 OWNER
BOOK 1707 PAGE 022 I
A
N PONT OF "w
EEMNNO L Ctl
0 \ �.. \ _ TEMPORARY
t. 00NSTRUCTION
60 0 41 60 EASEMENT
w R--�- _` C3 1,066 S-F-
scOle: 1"=60'feet I? I to
Q
UJ
I tea, EAST DRAKE ROAD
IT +�p•'4..y� J
tL 5.ROW E DRAKE RD. \�•".•^+`\'.,��._� 7 ^_._"'E----.-__._.._-_.-4-.�.---
tn ( PER FIRST CHRISMAN CHURI,]4 PUD
"NOTE THIS EXHIBIT DRAWING IS i
NOT INTENDED TO BE A i
MONUMENTED LAND SURVEY. ITS
SOLE PURPOSE IS AS A GRAPHIC ----"---
REPRESENTATION TO AID IN THE
VISUALIZATION OF THE WRITTEN I Prepered By:
PROPERTY DESCRIPTION WHICH IT �, I FIRST CNRISTIAN CHLRO4 PUD 5,ROW E.OWE RD.
ACCOMPANIES THE WRITTEN I BOOK 2103 PALE 245 'roe I"c,eww.rec n.eux.n.
PROPERTY DESCRIPTION I I WARRANTY 0®: PER PER FIRST CHRISTAN PUD
EXHIBIT THE HIBIT DRAWING." BOCK 1771 PAGE 216
748 Whalen Way
PAGE 2 OF 2 Fort Collins, CO 80525
970 226-0557
JULY 6. 2009
K:\1021\O0D5\Drake and LemaT\dwps\Parkweod HOA exhlbtLdwD,7/6/2009 9:48:29 AM,Adobe PDF.pc3