Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/21/2009 - FIRST READING OF ORDINANCE NO. 038, 2009, EXPANDIN ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: April 21, 2009 FORT COLLINS CITY COUNCIL STAFF: Matt Robenalt SUBJECT First Reading of Ordinance No. 038, 2009, Expanding the Boundaries of the Downtown Development Authority and Amending the Plan of Development. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Downtown Development Authority Board of Directors voted unanimously to recommend City Council inclusion of the properties, as requested by the property owners("Petitioners"), located in the Lemay/Lincoln Avenue Area and South Howes Street Area into the DDA boundary area at its regular meetings on February 12 and March 12, 2009, respectively. �T FINANCIAL IMPACT The petitions 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 April 21, 2009 -2- Item No. 14 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 The petitions for inclusion would change the boundaries of the Downtown Development Authority (DDA) District and amend the Plan of Development of the Authority to include properties located in the Lemay/Lincoln Avenue area and South Howes Street area. BACKGROUND The petitions for inclusion 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 & 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 These petitions 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 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. April 21, 2009 -3- Item No. 14 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 and March 12,2009 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 public benefits associated with the proposed inclusion of properties in the Lemay/Lincoln Avenue Area and South Howes Street Area. The following rationale and benefits were communicated to the DDA Board by staff: A. 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 would give developers incentive to go above and beyond what is required for architectural design in the municipal code. DDA involvement would 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 core and it 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. South Howes Street Area There are several reasons that justify inclusion of the South Howes Street properties in the DDA district and demoristrate public benefit. They include the following: • 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 exactly 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. 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. April 21, 2009 -4- Item No. 14 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 would 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. 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 of the nearby historic campus architecture, and of equal or higher quality in terms of design and materials. CSU 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 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 would 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 municipal 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-reaspned and leveraged application in the community's redevelopment areas. April 21, 2009 -5- Item No. 14 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 2009-03 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) t 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 HE, WHEREAS, on April 21, 1981,the City Cotincil 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 fi•oni the•owners in fee of three (3)properties in the vicinity of Lemay Avenue and Lincoln Avenue (the "Lernay/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 121h day of February,2009. J� Wol e, Chairpers ATTEST: `e—iJ George Bre ig, S c etary Exhibit"A" eomnrtty,churc A Gossw. mu Matt'Robenalt .,., • Executive talreetot- . . .• ' • " • ' - ' 15 it CQliln_s Downtown Developrnent Authority 19 QId.T4wn Square,:Suite 230 Fort Coll(p3;;CO'80524 .'January8,2009 `Dear Mr,Roberlait,: -':•Mountain View. 'Cominpnily Church of Fort Collins Inc.yrould lik616 pefitiorrthe DDA,for olus(ojt Of the folloivJng tlescrilied proparty Into ih9 Downtown:D'eVelopr obt.Authority. distrlct boU d*l"- 4ot 2,Second'Replat,of North I emay Subdivision, Second Filing,a MinbrSup'dlvlslon Cifybf Fort Collins, Codnt� Qf La lmdr,State of Col'o�ido; • ; , /a tFact:of land located in tFle;Noitiioast Quarter of,$ection 12,l owhibip 7 NoO,:.Rande. ; 69 West of the 6tfi pri>ic(Jial Meridian,'.C1ty;gf.Fort Cb)lins; 6o n'ly.'.of-Ldrimer,$fate of . Colbradd tieing.7ripre paikUlaily Idescribed as follotys: Coml»encing; 1 thA East Quarter Cornerof:Section 12, ttiegce,NortI.h 00'00'60°.V1(est, 539.8g fool; :thence, d&uth 90"00'00".VVesf,70.QQ feet•to the PbIN.t OF BEGINNING; 1h2nces Sotith 89057'QO°West,370.00 feet;tfi'gnce,'Norlh 00°00'OQ*.East, 748 04 feet; the>tge;.Nd&h 90"dQ;OQ°�iast,355.00 feet]tlie&c :aJong a 66NO ooncaVa to tlje : Southwest honing,a central.angld of gd*06'00"with a radios of 15,QO feet; an arc length ; ,oi-23,66.feet and the bhord.of Wtiicft bears$buth 45."QO'QO"fast;21.21:feef; tijence,;SoUtfi OO"OQ'Q0°West;732.72 feot to the Point-of Baginning •The property+tiescnb@d.above•)s owned by ModntAlh VigV:Community Church of Fort' ` • Collins;.16c Attached are the dbrporate bqo ulnents that oatlihe the corporate officers' , : 'and'hehce.rny ability fo 6i k dec(sions for this property as the Fsresiuent o'f fhe : 'dorpor?tioh'.'Thank.you fqr your consideWion,and.please'don't hilsitate to contact mo if you treed anyfurther:inforina. on:, KBVin Wolfe Presidelitand Lead Pastor ivlounfain VM. Coinmunity.Church' a t� i t Exhibit"B" uOrf -colIXODS' Drewer. 1'900 E. Lincoln Ave, Fort. Collins, CO 805214 976-472'-1499 MattRobenalt Downtown Development Association 19 Old Town Square Fort Collins,CO 80524 December 19'b,2009 bear Mr.Robenalt, OutWestProperties,LL-C 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 LemaySubdivision,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, Tom Peters, member OutWestPropeities,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 1400 EAST MLJLDERRY o FORT COLONS.COLORADO 80524. 0 970-530-2690 Mr.Matt Robenalt Fort Collins Downtown Development Authority, 19 old Town Square,Suite 230 15,January 2009 Fort Collins,Colorado 80524 Re: Request for Inclusion in ODA District Dear Mr.Robenalt, GTG Investments LLC,a Colorado Limited Liability Companyavould like to petition the DDA for Incluslon of the following described property into the Downtown Development Authority district boundaries. 'The'property.is located at 903 Buckingham Street in Fort Collins,and Is described as follows: Lot 1) Description:A part of5ection 12,Township 7 North,Range 69 West'of the 0 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 do'vw,West the east line of said Lot 1 for a distance of 528.37enc feet;thence run North 89°58'44"West for a distance of 290.31 feet to the west Iine ofsaid Lot7;thence nm North 00043'34"East along said west line faro distance of 96.21 feet ' thence run North 90'06'00"East along said west line for a distance of 2113.53 feet thence run North 00°00100" East alongsald 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 Bald Lot l 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 Subdivlsion,5e4cond Filing;Fort Collins,Colorado. Contains 103,850 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,City of Fort Collins,Lorimer County, Coloi ado,. .i A a part of Section 12,Township 7 North;Range 69 West of the 61h P.M.,City-of Fort Collins,Lorimer County,Colorado,more particularly described as follows:commENCING at the Northeast corner of said Lot 3,thence South 00046 00 Westa dlstance,of 378.22 feet along the east line of Lot 3 to the POINT OF BEGINNING;-thence South 00046'00"West a distance of 250.16 feet;-thence North 89^58'42"West a distance of 185.26 feet;-thence Worth WOW"East a distance of 268:86 feet; -thence South q-7W03'60",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:' , The property described is owned by GTG.Irtvestments,LLC. A copy of the LLC's OpgratingAgreement is enclosed. Please notlfy the If you require any additional information. Thank You, i Mena ` Kent D.Go GTG Investme 1400 East Mulberry 'Fort Collins,CO 80524 Z`d 1.69Z0£9016 seuop uesnS e09:I1, 60 to qed Exhibit"U' Legal Descriptions and Fee Owners bf Lemay/Lincoln Area Properties l. Lot 2, Second Replat of North Lemay Subdivision,ISecond,Filing; a Minor Subdivision, City of Fort.Collins,County of.Larimer, State of Colorado A tract of land located in the,Northea§f 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: Cotiunencing'at the East Quarter Corner of Section 12, thence North 00°00'00' West, 539.88 feet; thence South 90100'00"West, 70.00,feetto the POINT OF BEGINNING; thence South 89°57'00" West 370.00 feet; thence North 00006'00" Last, 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 radios 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 00100'00" 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 0 P.M., City of Fort Collins, Larimer County, Colorado,, more particularly described as fohows: 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 a 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 243.5.3 feet; thence run Noith'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 .90100'00''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 subjectto 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, Towpship 7 North,Range 69 West of the 6"'P.M., City of Fort Collins, Larimer County, Colorado,more particularly described as follows: COMMENCING at the Nort}ieast corner.ofsafd Lot 3,thence South 00°46'00" West a distance of 378.22 feet along the eastline 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 of268.86 feet; -thence South 47603'00"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) WMST Lots 1,2,3 Vanworks �® 2"a Subdivision :YCAtApiE ST 1025 Buckingham St. CH RRY aT w eaT W ¢ AVER ek ,r 1O N.AVE EM UNTMN AVE Lots 2,3 Replat of North Lemay Second Subdivision O A ST W VEST i� � E0.rvE 51 Fc nv, N w ST 3 ELIU ERRY5 Amp n ✓d fMQrrAG[IID N Nv+LnRTtE sr E R $Ti e s ti W NURCL 5T E LAL'RCL ST DExisting DDA Boundary Area Proposed inclusion ATTACHMENT 2 RESOLUTION 2009-03 OF THE BOARD OF DIRECTORS OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDING TO THE FORT COLLINS CITY COUNCIL THAT TILE 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 Foil 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, CA'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 fee owners of seven (7)properties located in the vicinity of Howes Street and'Laurel Street (tire"Howes/Laurel Street Area Properties"), which petitions request that such properties be included within the boundaries of the District; and WHEREAS, copies of the petitions.for'inclusion of the Howes/Laurel Street Area Properties are attached hereto as Exhibits"A';."B", "C", "D' "F" and "G", respectively, and incorporated herein by this reference; and the legal descriptions of the Hbwes/Laurel Street Area Properties and the name of the fee owner of each such property is set forth oil Exhibit"H"attached hereto and incorporated herein by reference; and WHEREAS, a 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 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. 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 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 12'h day of March,2009. 3tecle ' r T: George relig, Secreta Exhibit"A" Petition of Vernon D.Balley Family Trust and Barbara A.Bailey 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 O.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,BLK 95,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 authority to submit this petition on behalf of the respective ownership entities. Attached is documentation validating this-authority. Thank you for your consideration. Respectfully, V on D. iley Family Trust �g n A i Saundra L. Leer Its- Its Ba ara A. �alley��• Bar6ara'A.Bailey Exhibit"B" Petition of Barbara A.Bailey for 509 S.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 YS OF LOT.3, BLK 95,HARRISON, FTC As sole owner of the property,.I am of the authority to submit this petition. Thank you for your consideration. Respectfully; Barbara A.Bailey i I Exhibit"C" Petitlon of Kruger Rentals,Inc.and Clary Propentles,LLC for Kruger Rentals,Inc.and Clary Properties, LLC W.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.p rope rty 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 entitles. Attached Is documentation validating this authority. Thank you for your consideration. Respectfully, Kruger Rent Is,Inc. Clary Properties;LLC i Dale A.Kruger 1&lissa Clary Its TPrs��<Art Its i I I • I ' I i Exhibit"D" Petition of the State of Colorado Department of the Treasury i STATE OF COLORADO DEPARTMENT OF THE TREASURY ,�aynxeso Cary Kennedy w°y' 00������C Eric S.Rothaus State Treasurer lit Dcputy Treasurer. arr cotp4� April 15,2009 Debra M. Rayman,CCTS Vice President Wells Fargo Bank,N.A. Corporate,Municipal&Escrow Solutions 1700 Lincoln Street, 10th floor MAC C7300-107 Denver,CO 80203 RE: . State of Colorado Higher Education Capital Construction Lease Purchase Financing Program Certificates of Participant,Series 2008 Dear Debra: Pursuant to the provisions of Section 7.03 of the Lease Purchase Agreement for the above referenced transaction,request is hereby made by the State to obtain the Trustee's consent to the following inclusion of the CSU-Fort Collins collateral property(Lots 1,2 and 6;Block 95, Harrison's Addition to the City of Fort Collins)located at 555 S.Hawes Street within the Fort Collins Downtown Development Authority(DDA). An adjacent landowner would like CSU to request the DDA to include the property within the Downtown Development District(District)so that the adjacent landowner can do the same.The District ends near CSU's property and the DDA would have to skip over CSU's property to incorporate the adjacent landowner's property into the District.The adjacent property owner would like to take advantage of some redevelopment funds that would be available as a result of inclusion of its property within the District. CSU has represented that inclusion of CSU's property in the District would not have an adverse impact on the property.CSU's property is tax exempt,therefore, it would not be subject to any additional taxes or assessments as a result of inclusion in the District. Joining the District does not obligate CSU.to contribute to a development agreement.The District generates revenue through tax increment financing and through its mill levy,and the property is tax exempt. Including the property in the District would not subject the property to any restrictions.If,at i some time in the future,CSU received redevelopment funds from the DDA,then the DDA would have a say in the exterioriarchitectural work taken to improve the property.CSU does not anticipate receiving any redevelopment funds at this time. (303)866.2441 140 State Capitol FAX(303) 866-2123 Denver,Colorado 80203 If the Trustee consents to the above described encumbrance,please indicate your consent below and return an executed copy to my attention. This document supersedes any previous letter or agreement related to this issue. Please feel free to contact me if you have any questions or concerns. Eric S.Rothaus Deputy Treasurer and State Representative Wells Fargo Bank,National Association Trustee for the State of Colorado Higher Education Capital Construction Lease Purchase Financing Program Master and Supplemental Trust Indentures By: hoa& 0 k. -----/ Debra Rayman,VicePreiident Date: ¢� (303)866-2441 140 State Capitol FAX(303)866.2123 Denver,Colorado 802D3 ttil,i At (h�?Iail:�",ICFI[ rl'iI':1S liJ�(n i11.11;i1 �r•u„s 1t::,:,�u. ,i�:-n. rtn:vDATIO` Exhibit "F„CSv Petition of Colorado State University Research Foundation 601 S'Howes :j%'iatl 1Zobenall, l::Necutive Director Fort Collins DDA 19 Old Town Square, Suite 2 70 -Fort Collins, CO 80524 'viarch 5, 2009 Mr. Robenalt; Colorado State.U.niversity Research Foundation(CSURF)seeks to petition di6 DOA Board of Directors for inclusion of the following described property into the Downtown Development" Authoriiy district boundaries. Tine pniperty to be aosidered-for inclusion is lucated at 601 'South I loves Street, Fort Collins .CO 80521,and is legally described as: I/2 OF LO'f 3, ALI, OF LOTS 4 Tl IRCPC,, S I/2,OF L(:)'l'9�� v 1/2 OF LOT 10, 1.11.K 96. FTC. All in Block 96. 1larrison's Addition, City of Fort Collins, L irimcr County, Colorado, 'The properly above is owned by Colorado Sla(e University Research Foimdation,(CSURF). Sine rely, -Kathleen I ienry President/CEO Colorado State University Research FOLIndation 601 South}'louse Street Fort Collins, CO 80521 I Enclosures: Signatory Authority and Copy of Decd S1 CRIiI-ARY'S Cl?,ItTlrlcrl' I: Julie I I. Birdsall being duly sworn uriOn her 0a111 deposes and says: I. She is it cluly elected Secretary of Colorado State'.University Research FOLIndation and in that capacity maintains the minutes of meetings of the.Board of Directors. 2. At the Regular Meeting of the Board.of Directors held on January 22,2009 the following resolution was duly adOted,.to wit: ,lZL7sOl.VI;D, lie President of CSOO is hereby authorized and directed to ezecule and deliver documents necessary to include the.property known its 601 S. loves in the Port Collins Dow'ntow-ir.DcVclopmept Authority. 1:URTHLR AFFIANr SAYS NOT bated:February 16,2009 Ji;lie li. Birds,111 STAIT OV('0110RADO) ) ss COUNTY OF LARIMGR) Subscribed.and sw•om to before me this l6th (Jay of l-'6ruary, 2009 by Julic 1-1. Birdsall. Notary Public; _� I — 4aY p�m WILSON My Commission Expires: ' Exhibit`•`F" 1 etition of Synod of Rocky Mount&nod of the ROCky. Mountain.S United Presbyterlan Church USA W. 629 S. Howes 7061 South University Boulevard,Suite 206 Centennial,Colorado 80122 Tel: (303)477.9070 Cd Toll Free: (888)702.5968 Fax: (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:theRocky Mountains of the Presbyterian Church(U.S.A); a.k.a. 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&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, Synod of the Rocky Mountains of the Presbyterian Church(U.S.A) dam_ WesleyJon ,Moderator(President of the Corporation) Zane K.Buxton,Synod Executive DDA-Petition-2008.05 Exhibit"G". Petition of Coloiado Delta Assn.of Signia Alplia Epsllon for 306 W.Laurel Colorado Delta Assn.of Sigma Alpha Epsilon c/o Lee Joslyn 6682 S.Lima Way Englewood,CO 80111 December 17,2008 Chip Steiner Downtown Development 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 corpo ratio n,•hereby petitions the DDA for Inclusion of the following described property into the Downtown Development Authority district boundaries: LOTS 1,7&S Y,OF LOT 2,BLK 96,HARRISON,FTC 306 West Laurel Street,Fort Collins,Colorado 80521 I The property is owned by The Corporation: The undersigned hereby attests to having legal authority to j submit this petition on behalf of The Corporation. Attached is documentation validating this authority. i Thank you for your consideration. Respectfully, Colorad to As o Sigma pha Epsilon (Type Name of Signor Here) Its Exhibit-"H" Legal Descriptions and Fee Owners of Howes/Laurel Street Area Properties A. Lot 4, Block 95, Harrison, City of Font 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. Lot 6, Block 95, City of Fort Collins, County of Larimer, State of Colorado Owner: Board of Governors of Colorado State University Systenii 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.Signia Alpha Epsilon EXHIBIT "I" LOCATION MAP (3/12/09) R - ..•..�,A.var q b u7 W ST �i EV m J"ST .� LOPELCT 6 ivGAMOItE ST O RWST 3 3. EAVE .�. sr s ce TA!R AVE EN9UNTNNAVE 0. ST m W VEST !jJj � DUVE ST N r y GRGL FcwGNOLIAST 3 0 ---� ST - � FMULBEPRv3 AGE RA � � FFgJTAtiE RD 8 3 F u LEST fi n�RE ST� 3 V:LAURCL E UWCL ST S Existing DDA Boundary Area proposed inclusion ORDINANCE NO. 038, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT WHEREAS, on April 21, 1981, 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, pursuant to Section 31-25-822, C.R.S., subsequent to the organization of a downtown development authority, additional property may be included in the district of the authority,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 approves said application, the board of directors is to then submit the application to the governing body of the municipality in which the district is contained and, if the governing body 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 ten 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; and Ordinance No. 067, 2008 (the "Amending Ordinances"); and WHEREAS, the Board of Directors of the Authority (the "Board") has 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 such properties in the boundaries of the District; and WHEREAS,the legal descriptions of the Lemay/Lincoln Area Properties and the names of the fee owners of each such property are 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 property owner petitions to include seven other properties located in the vicinity of Howes Street and Laurel Street(the"Howes/Laurel Street Area Properties") in the boundaries of the District from the fee owners thereof; and WHEREAS,the legal descriptions of the Howes/Laurel Street Area Properties and the names of the fee owners of each such property are set forth on Exhibit"B"attached hereto and incorporated herein by reference; and WHEREAS, 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 has,by Resolution 2009-03,recommended approval of said annexation petitions by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the inclusion of the following properties in 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 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 Larimer, State of Colorado. -2- 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 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 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. 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 611 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 00046'00" 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 -3- 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 Lot 6, Block 95, City of Fort Collins, County of Larimer, State of Colorado 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 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances) is hereby 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 -4- 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 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 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 -5- 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 NI 805 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 NI 0020'00"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 74.87FEET;THENCE NI8050'30"E 108.60FEET;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 N70°02'35"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 S00001'55"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, S00001'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF 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 -6- 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 THE SAID VANWORKS SUBDIVISION SECOND FILING;THENCE WESTERLY AND NORTHERLY ALONG THE SAID SOUTHERLY LINE OF THE VANWORKS SUBDIVISION SECOND FILING TO THE WEST LINE OF THE SAID SUBDIVISION; THENCE NORTHERLY 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 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 -7- 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 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 -8- 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 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 -9- CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO A POINT OPPOSITE THE NORTH LINE OF LOT 5; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 5 TO THE CENTER OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTER OF MATHEWS STREET TO A POINT OPPOSITE THE SOUTH LINE OF LOT 5; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 TO THE 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 THENORTH-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 MARCH 27, 2009 Section 3. 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 2 of this Ordinance. -10- Introduced, considered favorably on first reading, and ordered published this 21 st day of April, A.D. 2009, and to be presented for final passage on the 5th day of May, A.D. 2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of May, A.D. 2009. Mayor ATTEST: City Clerk -11- 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 61h 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 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 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 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 00046,00" 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 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. Lot 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