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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/21/2009 - SECOND READING OF ORDINANCE NO. 080, 2009, REPEALI ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: July 21, 2009 FORT COLLINS CITY COUNCIL STAFF: Matt Robenalt SUBJECT Second 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 this Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 080, 2009, unanimously adopted on First Reading on July 7, 2009, changes the boundaries of the Downtown Development Authority (DDA) District and amends the Plan of Development of the Authority to include properties located in the Lemay/Lincoln Avenue area and South Howes Street area. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 7, 2009. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: July 7, 2009 FORT COLLINS CITY COUNCIL , STAFF: Matt Robenalt SUBJECT First Reading of Ordinance No.,,080;�009FRepealing�Ordman�e;No. 038, 2009; Expanding the Boundaries of the Fort Collins I(Folorado Dow�n)towl i DDeveloplm(ent Authority; and Amending the Plan of Development of the Authority. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT ��� �� T—�� T, The petitions for inclusion are a voluntary requestFby 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.. Thejannnnuat net fiscal impact to the DDA is positive and will result in new operating rvenue fromi%e 5 mill levy. The approximate annual impact to the DDA is: )y 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 (Flolrt Collins Brewery); • 306 West Laurel Avenu� 1� 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 Mae,2009; that-approved the inclusion of the Lemay/Lincoln Avenue Area,Proper1ies and 1Howes/Eaurel�Street Area Properties within the boundaries of the District. As the Ordinance was bein p epareffor 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 wol�dd chang 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 P South Howes Street Area Colorado Delta Association of CSigma Alpha'Epsilon V306-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 n TD 7 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 Agend<Ife-m�fo'r Council is intended to use the time and resources of staff, legal��counsef Qd the C'ityGGouncrl,((more efficiently. There are pros and cons, and p blic'-benefit a�iate�d•with the'proposed inclusion of properties in the DDA district. Pros: • Consistent implementation ofthe 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 throu&a-V mbination of privateFinvestment and community planning efforts. E The proposed m (S'attemclusionpt�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, prof ides fund's�t� ensure that projects in each zone district develop at a consistently higher level�ofdesign than would otherwise occur. With 1,4 regard to the South Howes Street• a,, his is a veryymportant 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 urbarfl ve els of s�ice-be met with new infrastructure,. There is a need for public improvements such as sidewalks, storm water, and appropriate roadway improvements in the Lem y/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+real'ized//,,'by the governmental entities that deferred receipt of the tax revenues duringduriinng thJ el stat�utAy�uthorized 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 / 11 N N government services than other type of prdects. For example, Larimer County views redevelopment projects hat contain a reside tial housing component as having greater financial impact on the services it prouidesathan 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 10_0%of its share of tax increment funds enerated rom 2011 through 2031 tube usedor qua ii zn p ro ects in the DDA Plan area. g } g f 4 f1 g, , ) A. Specific benefits asso ci�t d with-Lnclu�sion�of the L�rnay/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,tha the area develop as t a coUt ntly higher level of design than would otherwise occur. (� (( 1� - / The area is gaining momentum\\as a micro-brewery-district w"itlli 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. ncil to incl' ' ude the seven Petitioners' r es s for inclusion would mirror a An action by City Cou \mod e ���, eq previous Council's decision to establish a shared-lioundary 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,IsI rvices,icultural facilities, dvic ses and higher density housing. Multi-story buildings are encouraged to`provide a �ix of residential and nonresidential uses. Offices and dwellings are encouraged/to locate aboue•grourid 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 project as well as between local owners, regional and national businesses;and 1 • To encourage the d`evveelopme`nt of ne�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 hist rric OVahTh ce onn ce tion between the DDA and CSU P P l � campus is an example of the physicalUonne6tiviy envisioned in the UniverCity Connections program. Ll_ July 7, 2009 -6- Item No. 23 Additionally,the relationship to the CSU campus and 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 v ability and qualityPelOpMeInt � evelopn ent The DDA has the ability to prUide the kinds o )devencouraged in this area with access to tax increment funds to make the er quired'improvements arid-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 redeveellopment�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) 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 ofadowntown 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 Latimer, 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 45°00'00" 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 ofNorth 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 Latimer, State of Colorado. and 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, Latimer 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 l; 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 6`h 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 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 Larimer, 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 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 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, NO1016'55"W 208.11 FEET, AND AGAIN S85023'42"W 65.98 FEET,AND AGAIN N55034'00"W 253.90 FEET,AND AGAIN N 18051'00"E 34.17 FEET,AND AGAIN N73°33'44"E 105.85 FEET,AND AGAIN N12050'18"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 NI8°50'30"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, SOO°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°O1'55"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,S00°O 1'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF -7- 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 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 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST -8- 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 EASTERLYALONG 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 EAST 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: JUNE 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 ublished this 7th day of July, A.D. 2009, and to be presented for final passage on the 21st day, J y, A.D. 2009. J Mayo ATTES Deputy ty Clerk Passed and adopted on final reading on the 21st day of July, A.D. 2009. Mayor ATTEST: City Clerk -12-