HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/19/2009 - FIRST READING OF ORDINANCE NO. 059, 2009, AUTHORIZ ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: May 19, 2009
FORT COLLINS CITY COUNCIL STAFF: Kathleen Bracke
Helen Matson
Patrick Rowe
SUBJECT
First Reading of Ordinance No. 059, 2009, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason
Corridor Bus Rapid Transit Project (Phase One).
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Property acquisition costs will be covered by available project funds,whether or not eminent domain
is required.
EXECUTIVE SUMMARY
The Mason Express("MAX"),bus rapid transit project is entering into the right-of-way acquisition
phase of the project. Project acquisitions have been broken into three phases. This Ordinance
relates to Phase 1 and consists of seven distinct property ownerships. As a critical,federally funded
transportation project, City staff requests authorization to utilize eminent domain, if necessary, and
only if good faith negotiations break down, in order to ensure a timely acquisition of the necessary
property interests.
BACKGROUND
The Mason Corridor bus rapid transit project, branded Mason Express or "MAX", is a five mile,
north-south byway which extends from Cherry Street on the north,to south of Harmony Road(the
site of the new South Transit Center). MAX will link major destinations and activity centers along
the City's primary transportation and commercial corridor including, "Old Town", Colorado State
University, Foothills Mall, and South College retail areas. In addition to greatly enhancing the
City's north-south transportation movement, MAX will be a significant catalyst for economic
growth,both as a short-term stimulus and as a long-term development/re-development driver. The
City is targeting a 2011 Fall operation date for the corridor.
May 19, 2009 -2- Item No. 14
The project is predominately located within the outside twenty-five feet of the east half of the
Burlington Northern Santa Fe Railway(the`BSNF")property,however,overall project right-of-way
will consist of a combination of property owned by the BNSF, Colorado State University, private
land owners, and the City. At present, in addition to the BNSF, Colorado State University, the
Colorado State University Research Foundation, and several ditch companies, the project will
involve property acquisition from forty-two distinct property owners. Each acquisition is unique,
but the typical acquisition need for Phase I of the Project can be characterized as a ten foot
permanent easement and a thirty to fifty foot temporary construction easement along the rear of the
property. Fee simple ownership is also needed in a variety of locations to accommodate stations,
utilities and other ancillary project improvements. City staff has taken great effort to minimize
impacts to property owners, and will continue to do so as the project progresses.
To accommodate workflow and timing, property acquisitions have been broken into three phases.
Phase 1 consists of seven distinct property ownerships(see attached location map). The remaining
property ownerships will be divided between Phases 2 and 3, and will come as separate agenda
items in the coming months.
In addition to hosting a number of public forums on various aspects of the project,City staff has had
initial communications with all the property owners along the corridor. Additionally, staff has had
detailed communications with the seven ownerships in Phase 1. Furthermore, the Phase 1
ownerships have also been notified by certified mail of staffs intention to request authorization to
use eminent domain, if necessary, to acquire project property interests.
In all communications staff strongly emphasizes the City's desire to cooperatively work towards
achieving a voluntary agreement.
To ensure the integrity of the project schedule, maintain certain project efficiencies and to remain
a viable Federal Transit Administration funded project, it is critical that the City have the ability to
acquire the property interests in a timely manner. In addition, since this is a federally funded
project, Council must authorize eminent domain (if necessary) before appraisals and negotiations
can take place. Staff has a high degree of respect and understanding for the sensitivity of the process
and commits to utilizing the option only if absolutely necessary and only if good faith negotiations
are not successful.
ATTACHMENTS
1. Location Map
ATTACHMENT 1
Mason Corridor Phase 1
Acquisitions Location Map
PR SP CT RD P P
BAY DR u'
I
-44
TT
t
r
C
ti ��45
CSU VETERINARY ~
HOSPITAL
tSQ
N
General Location of Acquisitions �`
ORDINANCE NO. 059, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS
RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT (PHASE ONE)
WHEREAS, the Mason Corridor Bus Rapid Transit Project (the "Project") is scheduled
to begin construction in the Spring of 2010; and .
WHEREAS, the Project involves the construction of a five mile, north-south byway
which extends from Cherry Street on the north to south of Harmony Road (the site of the new
South Transit Center) and includes relocating a major City electrical duct bank; adding a 24-foot
wide traffic lane for buses with concrete paving; and constructing a retaining wall, sidewalks,
curb and gutter, and pedestrian crossings; and
WHEREAS, the Project will greatly enhance north-south transportation through the City
and is expected to serve as a catalyst for economic growth and long-term development; and
i
WHEREAS, it is necessary for the City to acquire certain property rights (the "Property")
hereinafter described on Exhibits "A" through "H", attached hereto and incorporated herein by
this reference (the "Exhibits"), for the purpose of constructing the Project; and
WHEREAS, the City will continue to negotiate in good faith with the landowners for the
acquisition of the Property; and
WHEREAS, the acquisition of the Property is desirable and necessary for the
construction of the Project and is in the City's best interest in order to promote public health,
safety, and welfare; and
WHEREAS, the acquisition of such property rights may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary and
in the public interest to acquire the Property described on the Exhibits for the purpose of the
Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property for the City by eminent domain.
Section 3. The City Council hereby finds, in the event that acquisition of the
Property described in this Ordinance is commenced by eminent domain, that immediate
possession is necessary for public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 19th day of
May, A.D. 2009, and to be presented for final passage on the 2nd day of June, A.D. 2009.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on the 2nd day of June, A.D. 2009.
Mayor
ATTEST:
City Clerk
EXHIBIT A
DESCRIPTION OF A PERMANENT DRAINAGE EASEMENT LOCATED ON THE SOUTH
COLLEGE SHOPS, LLC PROPERTY TO BE DEDICATED TO THE CITY OF FORT
COLLINS
A Permanent Drainage Easement located in the southeast quarter of
Section 23, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Tract 1 of the Extension of K Mart
Plaza, a plat of record with the Clerk and Recorder of the said
Larimer County, being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P.S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway right of way;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 849. 57 feet to the
southwest corner of the said Tract 1 of the Extension of K Mart
Plaza;
THENCE along the south line of the said Tract 1, South 89
degrees 29 minutes 41 seconds East for a distance of 75 . 49 feet to
the east line of an existing Utility Easement as shown on the said
plat of Extension of K Mart Plaza, and to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said south line of Tract 1, South
89 degrees 29 minutes 41 seconds East for a distance of 627 . 83 feet
to the southeast corner of the said Tract 1;
THENCE along the east line of the said Tract 1, North 00
degrees 23 minutes 38 seconds East for a distance of 30 . 00 feet;
THENCE leaving the said east line, North 89 degrees 29 minutes
41 seconds West for a distance of 627 . 31 feet to the said east line
of the existing Utility Easement;
THENCE along the said east line, South 01 degrees 23 minutes
12 seconds West for a distance of 30. 00 feet to the point of
beginning. Containing 18, 827 square feet more or less .
The above described tract is subject to all easements and rights of
Page 1 of 2
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT A
DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON
THE SOUTH COLLEGE SHOPS, LLC PROPERTY TO BE DEDICATED TO THE CITY
OF FORT COLLINS
A Permanent Slope and Utility Easement located in the southeast
quarter of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Tract 1 of the Extension of K
Mart Plaza, a plat of record with the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway right of way;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 849. 57 feet to the
southwest corner of the said Tract 1 of the Extension of K Mart
Plaza;
THENCE along the south line of the said Tract 1, South 89
degrees 29 minutes 41 seconds East for a distance of 25. 00 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said south line, South 89 degrees
29 minutes 41 seconds East for a distance of 20. 49 feet to the west
line of an existing Utility Easement as shown on the said plat of
Extension of K Mart Plaza;
THENCE along the said west line, North 01 degrees 23 minutes
12 seconds East for a distance of 289. 01 feet to the north line of
the said Tract 1;
THENCE along the said north line, North 89 degrees 22 minutes
14 seconds West for a distance of 20 . 49 feet to the east line of
the proposed tract of land to be dedicated to the said City of Fort
Collins;
THENCE along the said east line, South 01 degrees 23 minutes
12 seconds West for a distance of 289. 05 feet to the point of
beginning. Containing 5, 921 square feet more or less .
Page 1 of 2
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO .P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT A
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE SOUTH COLLEGE
SHOPS, LLC PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS
A Tract of land located in the southeast quarter of Section 23,
Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also located in Tract 1 of the Extension of K Mart Plaza, a plat of
record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P. S. observations and the City of Fort Collins
coordinate system, .and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway right of way;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 849. 57 feet to the
southwest corner of the said Tract 1 of the Extension_ of K Mart
Plaza, and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east right of way, North 01
degrees 23 minutes 12 seconds East for a distance of 289. 11 feet to
the northwest corner of the said Tract 1;
THENCE along the north line of the said Tract 1, South 89
degrees 22 minutes 14 seconds East for a distance of 25. 00 feet;
THENCE leaving the said north line, South 01 degrees 23
minutes 12 seconds West for a distance of 289. 05 feet to the south
line of the said Tract 1;
THENCE along the said south line, North 89 degrees 29 minutes
41 seconds West for a distance of 25. 00 feet to the point of
beginning. Containing 7, 227 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT A
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
SOUTH COLLEGE SHOPS, LLC PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
A Temporary Construction Easement located in the southeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Tract 1 of the Extension of K
Mart Plaza, a plat of record with . the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway right of way;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 849. 57 feet to the
southwest corner of the said Tract 1 of the Extension of K Mart
Plaza;
THENCE along the south line of the said Tract 1, South 89
degrees 29 minutes 41 seconds East for a distance of 45 . 49 feet to
the west line of an existing Utility Easement as shown on the said
plat of Extension of K Mart Plaza and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the said west line, North 01 degrees 23 minutes
12 seconds East for a distance of 289. 01 feet to the north line of
the said Tract 1;
THENCE along the said north line, South 89 degrees 22 minutes
14 seconds East for a distance of 39. 52 feet;
THENCE leaving the said north line, South 01 degrees 23
minutes 12 seconds West for a distance of 258 . 92 feet;
THENCE North 89 degrees 29 minutes 41 seconds West for a
distance of 9. 32 feet to the east line of the said existing Utility
Easement;
THENCE along the said east line, South 01 degrees 23 minutes
12 seconds West for a distance of 30. 00 feet to the said south line
of Tract 1;
Page 1 of 2
THENCE along the said south line, North 89 degrees 29 minutes
41 seconds West for a distance of 30. 00 feet to the point of
beginning. Containing 11, 133 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COL 7INS, CO 80522
Page 2 of 2
EXHIBIT A
LOCATION SKETCH
SOUTH COLLEGE SHOPS, LLC
N
MAY 4, 2009
NTS
EX/S77NG'TO'
Ul/L/TY EASEA/G7✓l
L2 L7 LS
PROPOSED :::�'
PROPOSED
DEEDED TO CITY .....r. TEMP. CONST. >
7,227 SD. FT. i::j' ESM'T.
11,133 SD. FT. 1 Q
1'
J fipGo K„uAR Lo
0f Lo
PROPOSED J
SLOPE AND �'�{' J
UTILITY ESNT. '::'::i': C3
5,921 SO. FT. %%%:'}:' U
10
II LSS
L4 Sc.:=:i— v
J
\ L13
\S'GY/Tf/HfST CR4NEA
W JFgCT/ PROPOSED
DRAINAGE
N, EASEMENT
1� 18,827 S0. FT.
M U7
(U T
v
0 07
Z
N 89'26'43' W 788.05'
S 1/4 CORNER SE CORNER
23-7-69 DRAKE ROAD 23-7-69
Course Bearing Distance
Ll N 01°23'12' E 289.11'
L2 S 89'22'14' E 25.00'
L3 S 01'23'12' W 289.05'
L4 N 89'29'41' W 25.00'
L5 S 89'29'41' E 20.49,
L6 N 01°23'12' E 289.01'
L7 N 89'22'14' W 20.49'
L8 S 89'22'14' E 39.52'
L9 S 01'23'12' W 258.92'
L10 N 89'29'41' W 9.52'
Lll S 01'23'12' W 30.00'
L12 N 89'29'41' W 30.00'
L13 S 89'29'41' E 627.83'
L14 N 00'23'38' E 30.00'
L15 N 89'29'41' W 627.31'
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
K\SURV\PRCU\TRANSERV\BRT\ROW
EXHIBIT B
DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON
THE UNIVERSITY PLAZA 02, LLC PROPERTY TO BE DEDICATED TO THE CITY
OF FORT COLLINS
A Permanent Slope and Utility Easement located in the southeast
quarter of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Parcel A and Parcel B of the
plat of Replat No. 1 Of The University Shopping Center, a plat of
record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway right of way;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 1138 . 68 feet to the
southwest corner of the said Parcel B, Replat No. 1 Of The
University Shopping Center;
THENCE along the south line of the said Parcel B, South 89
degrees 22 minutes 14 seconds East for a distance of 25. 00 feet, to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said south line, South 89 degrees
22 minutes 14 seconds East for a distance of 10 . 00 feet;
THENCE leaving the said south line, North 01 degrees 23
minutes 12 seconds East for a distance of 1038 . 90 feet;
THENCE South 89 degrees 24 minutes 46 seconds East for a
distance of 4 . 00 feet;
THENCE North 01 degrees 23 minutes 12 seconds East for a
distance of 14 . 00 feet to the north line of the said Parcel A
Replat No. 1 Of The University Shopping Center;
THENCE along the said north line, North 89 degrees 24 minutes
46 seconds West for a distance of 14 . 00 feet to the east line of
the proposed tract of land to be deeded to the said City of Fort
Collins;
THENCE along the said proposed east line, South 01 degrees 23
Page 1 of 2
minutes 12 seconds West for a distance of 1052 . 89 feet to the point
of beginning. Containing 10, 585 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description. was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT B
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
UNIVERSITY PLAZA 02, LLC PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
A Temporary Construction Easement located in the southeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Parcel A and Parcel B of the
plat of Replat No. 1 Of The University Shopping Center, a plat of
record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P. S . observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway right of way;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 1138 . 68 feet to the
southwest corner of the said Parcel B, Replat No. 1 Of The
University Shopping Center;
THENCE along the south line of the said Parcel B, South 89
degrees 22 minutes 14 seconds East for a distance of 35. 00 feet, to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said south line, South 89 degrees
22 minutes 14 seconds East for a distance of 50 . 00 feet;
THENCE leaving the said south line, North 01 degrees 23
minutes 12 seconds East for a distance of 1052 . 94 feet to the north
line of Parcel A, Replat No. 1 Of The University Shopping Center;
THENCE along the said north line, North 89 degrees 24 minutes
46 seconds West for a distance of 46. 00 feet;
THENCE leaving the said north line, South 01 degrees 23
minutes 12 seconds West for a distance of 14 . 00 feet;
THENCE North 89 degrees 24 minutes 46 seconds West for a
distance of 4 . 00 feet;
THENCE South 01 degrees 23 minutes 12 seconds West for a
distance of 1038 . 90 feet to the point of beginning. Containing
52, 590 square feet (1. 207 acres) more or less.
Page 1 of 2
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT B
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE UNIVERSITY PLAZA
02, LLC PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS
A Tract of land located in the southeast quarter of Section 23,
Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also located in Parcel A and Parcel B of the plat of Replat No. 1
Of The University Shopping Center, a plat of record with the Clerk
and Recorder of the said Larimer County, being more particularly
described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway right of way;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 1138 . 68 feet to the
southwest corner of the said Parcel B, Replat No. 1 Of The
University Shopping Center, and to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said east right of way, North 01
degrees 23 minutes 12 seconds East for a distance of 1052 . 87 feet
to the northwest corner of the said Parcel A, Replat No. 1 Of The
University Shopping Center;
THENCE along the north line of the said Parcel A, South 89
degrees 24 minutes 46 seconds East for a distance of 25 . 00 feet;
THENCE leaving the said north line, South 01 degrees 23
minutes 12 seconds West for a distance of 1052 . 89 feet to the south
line of the said Parcel B;
THENCE along the said south line, North 89 degrees 22 minutes
14 seconds West for a distance of 25 . 00 feet to t h e point of
beginning. Containing 26, 322 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of. record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT B
LOCATION SKETCH
UNIVERSITY PLAZA 02, LLC
N
Ly L8
2 MAY 5, 2009
NTS
PROPOSED
SLOPE AND g
UTILITY T. S
10,585 SQ.
FT. 8
L�
100'wduuv RO1 PROPOSED
TEMP. CONST.
ESN'T.
52,590 S0. FT.
P P�of G6
P�L�00 ,,pP
k
0�
PROPOSED
TRACT TO BE
DEEDED TO CITY
26,322 SO. FT. Course Bearing Distance
�j Ll N 01'23'12' E 1052.87' .
3 L2 S 89'24'46' E 25.00'
L3 S 01'23'12' W 1052.89'
L4 N 89'22'14' W 25.00'
L5 S 89.22'14' E 10.00,
L6 N 01.23'12' E 1038.90'
L7 S 89.24'46' E 4.00'
LB N 01'23'12' E 14.00'
L9 N 89'24'46' W 14.00'
L10 S 89.22'14' E 50.00,
Lll N 01'23'12' E 1052.94'
L12 N 89'24'46' W 46.00'
L10:
W
LS
M 00
N `➢
00
oT m
z N 89°26'43' W 788.05'
S 1/4 23-7-69CORNER DRAKE ROAD SE CORNER
23-7-69
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A K\SURV\PROJ\TRANSERV\BRT\ROW
MONUMENTED BOUNDARY SURVEY.
EXHIBIT C
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE DAVID ZISSU 58, LLC
AND THE DAVID ZISSU 35, LLC PROPERTY TO BE DEEDED TO THE CITY OF
FORT COLLINS
A Tract of land located in the southeast quarter of Section 23,
Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also located in Lot 1 of the plat of Whole Foods Center, a plat of
record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the north line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2. 5" Aluminum Cap Monument at the east quarter corner and
a 2. 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the north line of the southeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 687 . 79 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said north line, North 89 degrees
22 minutes 14 seconds West for a distance of 35. 65 feet to the
northwest corner of the said Lot 1;
THENCE along the west line of the said Lot 1, also being the
east right of way of the BNSF Railway right of way, South 06
degrees 29 minutes 53 seconds West for a distance of 21 . 80 feet;
THENCE continuing along the said west line of Lot 1, along a
curve to the left having a radius of 4247 . 18 feet, a central angle
of 05 degrees 06 minutes 41 seconds, and an arc length of 378 . 89
feet, being subtended by a chord of South 03 degrees 56 minutes 33
seconds West for a distance of 378 . 77 feet;
THENCE continuing along the said west line. South 01 degrees
23 minutes 12 seconds West for a distance of 50 . 45 feet to the
southwest corner of the said Lot 1;
THENCE along the said south line, South 89 degrees 24 minutes
46 seconds East for a distance of 25. 00 feet;
THENCE leaving the said south line, North 01 degrees 23
minutes 12 seconds East for a distance of 50 . 11 feet;
THENCE along a curve to the right having a radius of 4222. 18
feet a central angle of 03 degrees 57 minutes 28 seconds and an arc
length of 291. 66 feet, being subtended by a chord of North 03
degrees 21 minutes 56 seconds East for a distance of 291. 60 feet;
THENCE South 84 degrees 39 minutes 19 seconds East for a
distance of 10 . 00 feet;
THENCE North 06 degrees 17 minutes 43 seconds East for a
Page 1 of 2
distance of 110 . 23 feet to the point of beginning. Containing
12, 425 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT C
DESCRIPTION OF A PERMANENT DRAINAGE EASEMENT LOCATED ON THE DAVID
ZISSU 58, LLC AND THE DAVID ZISSU 35, LLC PROPERTY TO BE
DEDICATED TO THE CITY OF FORT COLLINS
A Permanent Drainage Easement located in the southeast quarter of
Section 23, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lot 1 of the plat of Whole Foods
Center, a plat of record with, the Clerk and Recorder of the said
La-rimer County, being more particularly described as follows;
Considering the north line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P.S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the north line of the southeast quarter of the
said Section 23 , North 89 degrees 22 minutes 14 seconds West for
a distance of 195. 00 feet to the northeast corner of the said Lot
1 and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 89 degrees
22 minutes 14 seconds West for a distance of 488 . 23 feet to the
east line of an existing Underground Utility Easement as shown on
the said plat of Whole Foods Center;
THENCE along the east line of the said existing easement,
South 06 degrees 29 minutes 53 seconds West for a distance of 20. 11
feet;
THENCE leaving the said east line, South 89 degrees 22 minutes
14 seconds East for a distance of 490 . 37 feet to the east line of
the said Lot 1;
THENCE along the said east line, North 00 degrees 23 minutes
38 seconds East for a distance of 20 . 00 feet to the point of
beginning. Containing 9, 786 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT C
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
DAVID ZISSU 58, LLC AND THE DAVID ZISSU 35, LLC PROPERTY TO BE
DEEDED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement located in the southeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Lot 1 of the plat of Whole
Foods Center, a plat of record with the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the north line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P.S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the north line of the southeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance 683. 23 feet to the east line of an existing Underground
Utility Easement as shown on the said plat of Whole Foods Center,
and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 89 degrees
22 minutes 14 seconds West for a distance of 4 . 56 feet to the east
line of the proposed tract land to be deeded to the said City of
Fort Collins;
THENCE along the said proposed east line the following four
(4) courses and distances, (1) South 06 degrees 17 minutes 43
seconds West for a distance of 110.23 feet;
(2) North 84 degrees 39 minutes 19 seconds West for a distance
of 10. 00 feet;
(3) along a non-tangent curve to the left having a radius of
4222 . 18 feet a central angle of 03 degrees 57 minutes 28 seconds
and an arc length of 291 . 66 feet,• being subtended by a chord of
South 03 degrees 21 minutes 56 seconds West for a distance of
291 . 60 feet;
(4) South 01 degrees 23 minutes 12 seconds West for a distance
of 50. 11 feet to the south line of the said Lot 1 Whole Foods
Center;
THENCE along the said south line, South 89 degrees 24 minutes
46 seconds East for a distance of 25. 00 feet;
THENCE leaving the said south line, North 01 degrees 23
minutes 12 seconds East for a distance of 49. 76 feet;
THENCE along a curve to the right having a radius of 4197 . 18
feet a central angle of 03 degrees 22 minutes 16 seconds and an arc
length of 246. 95 feet, being subtended by a chord of North 03
Page 1 of 2
degrees 04 minutes 20 seconds East for a distance of 246. 91 feet;
THENCE North 89 degrees 18 minutes 10 seconds West for a
distance of 6. 26 feet;
THENCE North 01 degrees 25 minutes 39 seconds East for a
distance of 33. 72 feet;
THENCE South 88 degrees 02 minutes 56 seconds East for a
distance of 6. 15 feet;
THENCE North 01 degrees 25 minutes 33 seconds East for a
distance of 20. 95 feet;
THENCE South 88 degrees 58 minutes 34 seconds East for a
distance of 28 . 72 feet;
THENCE North 06 degrees 05 minutes 49 seconds East for a
distance of 79. 81 feet;
THENCE North 89 degrees 22 minutes 14 seconds West for a
distance of 35. 22 feet;
THENCE North 06 degrees 29 minutes 53 seconds East for a
distance of 20. 11 feet to the point of beginning. Containing
11, 629 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT C
LOCATION SKETCH
DAVID ZISSU 58, LLC
DAVID ZISSU 35, LLC
N
MAY 6, 2009
,117P�B4OR ZOr, N TS
/YhYXE fL+�S CEN7EP
CENTER 1/4 CORNER
23-7-69 N 89'22'14' W 683.23' E 1/4 CORNER
LS B 23-7-69
Z L12 J 1 0
J 9� LID J 195,00'
1;:;' J
PROPOSED �:;:::; PROPOSED
TRACT TO DE i;: DRAINAGE
DEEDED TO CITY L19
12,425 SO. FT. ! L18 9,786E SON FT,
'LI7 PROPOSED
L16 TEMP. CONST.
ESM'T.
y: LIS 11,629 S0. FT.
i
i W
u 4 3 1
§ 10_1.ErT Q
_
FOR U
&7Z1171s i; w
II J
J
0
is
U
Iw IiIlYVi'Raw
I: P
J I: J
L4 L13
Course Denting Distance
Ll N 89'22'14' W 35.65'
L2 S 06'29'53' W 2L80'
L3 S 01'23'12' W 50.45'
L4 S 89'24'46' E 25.00'
15 N 01'23'12' E 50.11'
1-6 S 84'39'19' E 10.00,
L7 N 06'17'43' E 110.23'
Curve Radius Length Delta LB N 89.22'14' W 4.56'
Cl 4247.18' 378,89' 5.06'41' L9 S 06'29'53' W 20.11,
C2 4222.18' 291.66' 3'57'28' 1-10 S 89.22'14' E 490.37'
C3 4197.18' 246.95' 3'22'16' 1-31 N 00'23'38' E 20,00,
L12 N 89'22'14' W 488.23'
L13 S 89'24'46' E 25.00,
L14 N 01'23'12' E 49.76'
L15 N 89.18'10' W 6.26'
L16 N 01'25'39' E 33.72'
L17 S 88'02'56' E 6.15'
L18 N 01'25'33' E 20.95'
L19 S 88'58'34' E 28.72'
L20 N 06'05'49' E 79.81'
L21 N 89'22'14' W 35.22'
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
K\SURV\PROJ\TRANSERV\BRT\ROW
EXHIBIT D
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LOCATED ON THE
BANKCENTER GROUP, LLC PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
A Permanent Utility Easement located 'in the northeast quarter of
Section 23, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in that certain tract of land described in
a Bargain and Sale Deed recorded February 6, 2001 at Reception No.
2001008514 records of the Clerk and Recorder of the said Larimer
County, being more particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2. 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723. 44 feet to the southwest corner of the said tract
described at Reception No. 2001008514;
THENCE along the west line of the said tract described at
Reception No. 2001008514, North 06 degrees 29 minutes 53 seconds
East for a distance of 134 . 45 feet to the TRUE POINT OF BEGINNING
of this description;
THENCE continuing along the said west line, North 06 degrees
29 minutes 53 seconds East for a distance of 89. 72 feet to the
northwest corner of the said tract described at Reception No.
2001008514;
THENCE along the north line of the said tract described at
Reception No. 2001008514, South 89 degrees 23 minutes 41 seconds
East for a distance of 25. 42 feet;
THENCE leaving the said north line, South 00 degrees 29
minutes 39 seconds West for a distance of 92 . 84 feet to the north
line of the proposed tract of land to be deeded to the said City of
Fort Collins;
THENCE along the said north line, North 83 degrees 30 minutes
07 seconds West for a distance of 35. 00 feet to the point of
beginning. Containing 2, 750 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
Page 1 of 2
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT D
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE BANKCENTER GROUP,
LLC PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS
A Tract of land located in the northeast quarter of Section 23,
Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also located in that certain tract of land described in a Bargain
and Sale Deed recorded February 6, 2001 at Reception No. 2001008514
records of the Clerk and Recorder of the said Larimer County, being
more particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2. 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 687 . 79 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said south line, North 89 degrees
22 minutes 14 seconds West for a distance of 35. 65 feet to the
southwest corner of the said tract described at Reception No.
2001008514;
THENCE along the west line of the said tract, North 06 degrees
29 minutes 53 seconds East for a distance of 134 . 45 feet;
THENCE leaving the said west line, South 83 degrees 30 minutes
07 seconds East for a distance of 35. 00 feet;
THENCE South 06 degrees 17 minutes 43 seconds West for a
distance of 130 . 80 to the point of beginning. Containing 4, 673
square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT D
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
BANKCENTER GROUP, LLC PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
A Temporary Construction Easement located in the northeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in that certain tract of land
described in a Bargain and Sale Deed recorded February 6, 2001 at
Reception No. 2001008514 records of the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 648 . 04 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said south line, North 89 degrees
22 minutes 14 seconds West for a distance of 39. 75 feet;
THENCE leaving the said south line, North 06 degrees 17
minutes 43 seconds East for a distance of 130 . 80 feet;
THENCE North 00 degrees 29 minutes 39 seconds East for a
distance of 92 . 84 feet to the north line of the said tract
described at Reception No. 2001008514;
THENCE along the said north line, South 89 degrees 23 minutes
41 seconds East for a distance of 24 . 84 feet;
THENCE leaving the said north line, South 06 degrees 29
minutes 53 seconds West for a distance of 176 . 65 feet;
THENCE South 83 degrees 30 minutes 07 seconds East for a
distance of 25 . 00 feet;
THENCE South 06 degrees 29 minutes 53 seconds West for a
distance of 44 . 96 feet to the point of beginning. Containing 4, 942
square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT D
LOCATION SKETCH
BANKCENTER GROUP, LLC
PROPOSED
ioc I r Ao� TEMP. CONST.
ESM'T.
4,942 SO, FT.
PROPOSED
UTILITY L6 L9
EASEMENT
2,750 SO. FT.
h
J J i Q'dAhG' !S'
UIIL/IY EAS wZx7
3 9 ,RpGT4
AT RI
PROPOSED o
TRACT TO BE i
DEEDED TD CITY a 'I I� 75.
4,673 SO. FT.
ii;i N 69ZaV EASEA/EA7
____ ___ -----_-----
\\ N 89'22'14' W 648.04' �e
\Sw 6VAnvR COTJ 'E 1/4 CORNER
23-7-69 CENTER CORNER awAZY,y)q sawz'/%FST Rvw 23-7-69
Course Bearing Distance
Ll N 89°22'14' W 35.65'
L2 N 06'29'53' E 134.45'
L3 S 83°30'07' E 35.00'
L4 S 06017'43' W 130.80'
L5 N 06929'53' E 89,72'
L6 S 89'23'41' E 25.42'
L7 S 00°29'39' W 92.84'
1-8 N 89022'14' W 39,75'
L9 S 89°23'41' E 24.84'
L10 S 06'29'53' W 176.65'
Lll S 83'30'07' E 25,00'
L12 S 06'29'53' W 44.96'
N
THIS SKETCH AND THE AREAS MAY 6, 2009
SHOWN DEPICT THE ATTACHED NTS
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTEO BOUNDARY SURVEY.
K\SURV\PROJ\TRANSERV\BRT\ROW
EXHIBIT E
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LOCATED ON THE JAMES
P. AND ANN WATTERSON PROPERTY TO BE DEDICATED TO THE CITY OF FORT
COLLINS
A Permanent Utility Easement located in the northeast quarter of
Section 23, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in that certain tract of land described in
a Special Warranty Deed recorded November 29, 2001 at Reception No.
2001108083 (Parcel I and Parcel II) records of the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P.S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723 . 44 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 06 degrees 29
minutes 53 seconds East for a distance of 224 . 17 feet to the south
line of the said tract described at Reception No. 2001108083, and
to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east right of way, North 06
degrees 29 minutes 53 seconds East for a distance of 237 . 43 feet to
the northwest corner of the said tract described at Reception No.
2001108083;
THENCE along the north line of the said tract, South 89
degrees 20 minutes 01 seconds East for a distance of 10 . 05 feet;
THENCE leaving the said north line, South 06 degrees 29
minutes 53 seconds West for a distance of 90 . 47 feet;
THENCE South 00 degrees 29 minutes 39 seconds West for a
distance of 146. 17 feet to the said south line of the tract
described at Reception No. 2001108083;
THENCE along the said south line, North 89 degrees 23 minutes
41 seconds West for a distance of 25. 42 feet to the point of
beginning. Containing 3, 498 square feet more or less.
The above described tract is subject to all easements and rights of
Page 1 of 2
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT E
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
JAMES P. AND ANN WATTERSON PROPERTY TO BE DEDICATED TO THE CITY
OF FORT COLLINS
A Temporary Construction Easement located in the northeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in that certain tract of land
described in a Special Warranty Deed recorded November 29, 2001 at
Reception No. 2001108083 (Parcel I and Parcel II) records of the
Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North. 89 degrees "22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723 . 44 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 06 degrees 29
minutes 53 seconds East for a distance of 224 . 17 feet to the south
line of the said tract described at Reception No. 2001108083;
THENCE along the said south line, South 89 degrees 23 minutes
41 seconds East for a distance of 25 . 42 feet to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said south line, South 89 degrees
23 minutes 41 seconds East for a distance of 24 . 84 feet;
THENCE leaving the said south line, North 06 degrees 29
minutes 53 seconds East for a distance of 34 . 38 -feet;
THENCE North 00 degrees 45 minutes 25 seconds East for a
distance of 131 . 71 feet;
THENCE South 89 degrees 09 minutes 13 seconds East for a
distance of 13 . 24 feet;
THENCE North 06 degrees 29 minutes 53 seconds East for a
distance of 70. 63 feet to the north line of the said tract
described at Reception No. 2001108083;
THENCE along the said north line, North 89 degrees 20 minutes
O1 seconds West for a distance of 40.21 feet;
THENCE leaving the said north line, South 06 degrees 29
Page 1 of 2
minutes 53 seconds West for a distance of 90 . 47 feet;
THENCE South 00 degrees 29 minutes 39 seconds West for a
distance of 146. 17 feet to the point of beginning. Containing
7, 501 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT E
LOCATION SKETCH
JAMES AND ANN WATTERSON
N
NN'CORNER LOl i MAY 6, 2009
EN7 �",- NTS
L2 LII
o
L9 PROPOSED
TEMP. CONST.
1: ESM'T.
7,501 SO. FT.
Gf"_ j10�„'
PROPOSED
UTILITY
EASEMENT
3,498 SO, FT.
, J
L5 L6
Q'/SArIY.' 15'
LJ U72NY EASEA/ENl
D7
el 'r
N
�0 N
0
p�� iaa waver Ror Z
N 89°22'14' W 723,44'
CENTER 1/4 CORNER E 1/4 CORNER
23-7-69 23-7-69
Course Bearing Distance
LI N 06'29'53' E 237.43'
L2 S 89'20'01' E 10.05'
L3 S 06'29'53' W 90.47'
L4 S 00'29'39' W 146.17'
L5 N B9'23'41' W 25.42'
L6 S 89'23'41' E 24.84'
L7 N 06'29'53' E 34.38'
L8 N 00'45'25' E 131.71'
L9 S 89.09'13' E 13.24'
L10 N 06.29'53' E 70.63'
L11 N 89'20'01' W 40,21'
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENIEO BOUNDARY SURVEY.
K\SURV\PRCJ\TRANSERV\BRT\ROW
EXHIBIT F
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LOCATED ON THE
JOHNSON INVESTMENTS, INC. PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
A Permanent Utility Easement located in the northeast quarter of
Section 23, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lot 17 of the plat of Spring Court
Subdivision a plat of record with the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the south line of the northeast quarter of .the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723. 44 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 06 degrees 29
minutes 53 seconds East for a distance of 461 . 59 feet to the
westerly extension of the south line of the 'said Lot 17 Spring
Court Subdivision;
THENCE along the extended south line, South 89 degrees 20
minutes 01 seconds East for a distance of 8 . 51 feet to the
southwest corner of the said Lot 17 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the said south line of Lot 17, South 89 degrees
20 minutes 01 seconds East for a distance of 1 . 54 feet;
THENCE leaving the said south . line, North 06 degrees 29
minutes 53 seconds East for a distance of 99. 87 feet;
THENCE North 63 degrees 17 minutes 57 seconds West for a
distance of 5 . 01 feet;
THENCE North 26 degrees 49 minutes 07 seconds East for a
distance of 13. 55 feet;
THENCE North 06 degrees 29 minutes 53 seconds East for a
distance of 208 . 84 feet to the north line of the said Lot 17;
THENCE along the said north line of Lot 17, North 89 degrees
20 minutes 01 seconds West for a distance of 10. 05 feet to the
northwest corner of the said Lot 17;
THENCE along the west line of Lot 17, South 06 degrees 29
Page 1 of 2
minutes 53 seconds West for a distance of 245 . 12 feet (previously
recorded as 240 . 68 feet) ;
THENCE continuing along the said west line of Lot 17, South 00
degrees 13 minutes 59 seconds West for a distance of 77 . 62 feet
(previously recorded as 82 . 03 feet) to the point of beginning.
Containing 2, 867 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT F
DESCRIPTION OF TWO TEMPORARY CONSTRUCTION EASEMENTS LOCATED ON
THE JOHNSON INVESTMENTS, INC. PROPERTY TO BE DEDICATED TO THE
CITY OF FORT COLLINS
Two Temporary Construction Easements located in the northeast
quarter of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easements are also located in Lot 17 of the plat of Spring
Court Subdivision a plat of record with the Clerk and Recorder of
the said Larimer County, being more particularly described as
follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P.S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723 . 44 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 06 degrees 29
minutes 53 seconds East for a distance of 461. 59 feet to the
westerly extension of the south line of the said Lot 17 Spring
Court Subdivision;
THENCE along the extended south line and along the south line
of Lot 17, South 89 degrees 20 minutes 01 seconds East for a
distance of 10. 05 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said south line, South 89 degrees
20 minutes 01 seconds East for a distance of 30 . 16 feet;
THENCE leaving the said south line, North 06 degrees 29
minutes 53 seconds East for a distance of 85 . 77 feet;
THENCE North 63 degrees 17 minutes 57 seconds West for a
distance of 31. 97 feet;
THENCE South 06 degrees 29 minutes 53 seconds West for a
distance of 99. 87 feet to the point of beginning. Containing 2, 785
square feet more or less .
TOGETHER WITH:
With the above described basis of bearings:
Page 1 of 2
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723. 44 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 06 degrees 29
minutes 53 seconds East for a distance of 784 . 74 feet to the
northwest corner of the said Lot 17;
THENCE along the north line of the said Lot 17, South 89
degrees 20 minutes 01 seconds East for a distance of 10. 05 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, South 89 degrees
20 minutes 01 seconds East for a distance of 30 . 16 feet;
THENCE leaving the said north line, South 06 degrees 29
minutes 53 seconds West for a distance of 50 . 57 feet;
THENCE North 63 degrees 04 minutes 14 seconds West for a
distance of 12 . 64 feet;
THENCE South 27 degrees 05 minutes 13 seconds West for a
distance of 32 . 48 feet;
THENCE South 08 degrees 10 minutes 09 seconds West for a
distance of 127 .24 feet;
THENCE South 26 degrees 49 minutes 07 seconds West for a
distance of 8 . 70 feet;
THENCE North 06 degrees 29 minutes 53 seconds East for a
distance of 208 . 84 feet to the point of beginning. Containing
2, 376 square feet more or less.
The above described tracts contain a total of 5, 161 square feet
more or less and are subject to all easements and rights of ways
now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXH B T E
LOCATION SKETCH
JOHNSONS INVESTMENTS , INC .
PROPOSED
TEMP. CONST.
ESM'T.
2,376 SO. FT.
L7 L13 JOHNSON DRIVE
L15
v
PROPOSED
UTILITY 00
2867EME SON FT, J MAY ,6, 2009
J
NTS
. Lar 17 �
r
L5 L18
L4 <1�
PROPOSED
L9 J:' ': TEMP. CONST.
TRACT OWNED —I ESM'T,
2,785 S0. FT.
BY 'CSURF'
L10'
L 1 L 2 sry co.»v�cor n
100' RAILWAY ROW l.J
L
&'
(u
O V
0
Z
N 89'22'14' W 723.44'
CENTER 1/4 CORNER E 1/4 CORNER
23-7-69 - 23-7-69
Course Bearing Distance
Ll S 89'20'01' E 8,51'
L2 S 89'20'01' E 1.54'
L3 N 06'29'53' E 99.87'
L4 N 63'17'57' W 5.01'
L5 N 26'49'07' E 13.55'
L6 N 06°29'53' E 208,84'
L7 N 89'20'01' W 10.05'
L8 S 06'29'53' W 245.12'
L9 S 00'13'59' W 77.62'
L10 S 89'20'01' E 30,16'
Lll N 06'29'53' E 85.77'
L12 N 63°17'57' W 31.97'
L13 S 89'20'01' E 30.16'
L14 S 06.29'53' W 50.57'
L15 N 63'04'14' W 12.64'
L16 S 27'05'13' W 32.48'
L17 S 08.10,09, W 127.24'
L18 S 26'49'07' W 8.70'
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPDON ONLY,
AND DO NOT REPRESENT A K SU PROJ\TRANSERABRT\ROW
MONUMENTED BOUNDARY SURVEY. \
EXHIBIT G
DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON
THE KELLY C. BROWN PROPERTY TO BE DEDICATED TO THE CITY OF FORT
COLLINS
A Permanent Slope and Utility Easement located in the northeast
quarter of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Lot 2 of the plat of Spring
Court Subdivision a plat of record with the Clerk and Recorder of
the said Larimer County, being more particularly described as
follows;
Considering the east line of the northeast quarter of the said
Section 23 as bearing North 00 degrees 14 minutes 59 seconds East
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 3. 25" Aluminum Cap Monument at the northeast corner of Section
23, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the east line . of the northeast quarter of the
said Section 23, North 00 degrees 14 minutes 59 seconds East for a
distance of 1321. 77 feet to the easterly extension of the north
line of the said plat of Spring Court Subdivision, also being the
north line of the plat of Replat Of A Part Of Lot 1 Of The Spring
Court Subdivision, a plat of record with the said Clerk and
Recorder; .
THENCE along the said extended line and along the north line
of the said plats, North 89 degrees 18 minutes 01 seconds West for
a distance of 578 . 75 feet to the northwest corner of Lot 1-B of the
said plat of Replat Of A Part Of Lot 1 Of The Spring Court
Subdivision, the said northwest corner is also located on the east
right of way of the BNSF Railway;
THENCE along the west line of the said Lot 1-B, South 06
degrees 29 minutes 53 seconds West for a distance of 124 . 17 feet to
the northwest corner of the said Lot 2 Spring Court Subdivision and
to the TRUE POINT OF BEGINNING of this description;
THENCE along the west line of the said Lot 2, South 06 degrees
29 minutes 53 seconds West for a distance of 139. 70 feet to the
southwest corner of the said Lot 2;
THENCE along the said south line of Lot 2, South 89 degrees 23
minutes 12 seconds East for a distance of 10 . 05 feet to the
southerly extension of the east line of an existing easement as
shown on the said plat of Replat Of A Part Of Lot 1 Of The Spring
Court Subdivision;
Page 1 of 2
THENCE along the said extended line, North 06 degrees 29
minutes 53 seconds East for a distance of 139. 69 feet to the north
line of the said Lot 2;
THENCE along the said north line, North 89 degrees 20 minutes
O1 seconds West for a distance of 10 . 05 feet to the point of
beginning. Containing 1, 397 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT G
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
KELLY C. BROWN PROPERTY TO ,BE DEDICATED TO THE CITY OF FORT
COLLINS
A Temporary Construction Easement located in the northeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Lot 2 of the plat of Spring
Court Subdivision and in Lot 1-B of the plat of Replat Of A Part Of
Lot 1 Of The Spring Court Subdivision both plats of record with the
Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Considering the east line of the northeast quarter of the said
Section 23 as bearing North 00 degrees 14 minutes 59 seconds East
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 3 . 25" Aluminum Cap Monument at the northeast corner of Section
23, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the east line of the northeast quarter of the
said Section 23, North 00 degrees 14 minutes 59 seconds East for a
distance of 1321. 77 feet to the easterly extension of the north
line of the said plat of Spring Court Subdivision, also being the
north line of the said plat of Replat Of A Part Of Lot 1 Of The
Spring Court Subdivision;
THENCE along the said extended line and along the north line
of the said plats, North 89 degrees 18 minutes 01 seconds West for
a distance of 538 . 55 feet;
THENCE leaving the said north line, South 06 degrees 29
minutes 53 seconds West for a distance of 10 . 05 feet to the south
line of an existing easement as shown on the said plat of Replat Of
A Part Of Lot 1 Of The Spring Court Subdivision, and to the TRUE
POINT OF BEGINNING of this description;
THENCE South 06 degrees 29 minutes 53 seconds West for a
distance of 253 .76 feet to the south line of the said Lot 2 Spring
Court Subdivision;
THENCE along the said south line, North 89 degrees 23 minutes
12 seconds West for a distance of 30. 16 feet to the southerly
extension of the east line of the said existing easement as shown
on the said plat of Replat Of A Part Of Lot 1 Of The Spring Court
Subdivision;
THENCE along the said extended line and along the east line of
the said existing easement, North 06 degrees 29 minutes 53 seconds
Page 1 of 2
East for a distance of 253. 80 feet to the south line of the said
existing easment;
THENCE along the said south line, South 89 degrees 18 minutes
O1 seconds East for a distance of 30 . 15 feet to the point of
beginning. Containing 7, 614 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EX H IBIT G
LOCATION SKETCH
KELLY C . BROWN
NE CORNER
23-7-69
T00' RAILWAY ROW
Ll
�-- L7
EXISTING LT2 STUART STREET
EASEMENT
1-80f r I
fu or
„nsr �o. ARr�r A R7LIOOON
F� 9*W� G�11
r`
Cu
L6 a
J
PROPOSED
SLOPE AND PROPOSED w
UTILITY ESMT. TEMP. CONST,
1,397 SO. FT. ^ ESM'T. o�
m .:In 7,614 SO. FT. In
Or
SPR/AC COURT c
SYpY Z
\0
\L4
E 1/4 CORNER (�
23-7-69
Course Bearing Distance
Ll N 89'18'01' W 578.75'
L2 S 06'29'53' W 124.17'
L3 S 06*29,53, W 139.70'
L4 S 89'23'12' E 10.05'
L5 N 06'29'53' E 139.69'
L6 N 89'20'01' W 10.05'
L7 N 89'I8'01' W 538.55'
L8 S 06'29'53' W 10,05,
L9 S 06'29'53' W 253.76'
L10 N 89'23'12' W 30.16'
Lll N 06'29'53' E 114.11'
L12 S 89'18'01' E 30.15'
N
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A MAY 4, 2009
MONUMENTED BOUNDARY SURVEY.
K\SURAPROJ\TRANSERJ\BRT\ROW N T S
EXHIBIT H
DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON
THE JOHNSON INVESTMENTS, INC. , A COLORADO CORPORATION PROPERTY TO
BE DEDICATED TO THE CITY OF FORT COLLINS
A Permanent Slope and Utility Easement located in the northeast
quarter of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Lot 3 of the plat of Fox
Shopping Center Subdivision a plat of record with the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Considering the north line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3.25" Aluminum Cap Monument at the northeast corner and
a 2 . 5" Aluminum Cap Monument at the north quarter corner of Section
23, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the northeast corner of the said Section 23;
THENCE along the north line of the northeast quarter of the
said Section 23, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, South 00 degrees 11
minutes 19 seconds West for a distance of 464 . 01 feet to the south
line of that certain tract of land as described in. a Quit Claim
Deed recorded October 26, 1987 at Reception No. 87061099 records of
the said Clerk and Recorder and to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said BNSF Railway right of way,
South 00 degrees 11 minutes 19 seconds West for a distance of 90. 19
feet;
THENCE continuing along the said BNSF Railway right of way,
along a curve to the right having a radius of 4573 . 35 feet a
central angle of 06 degrees 18 minutes 34 seconds and an arc length
of 503. 62 feet, being subtended by a chord of South 03 degrees 20
minutes 36 seconds West for a distance of 503. 37 feet;
THENCE continuing along the said BNSF Railway right of way,
South 06 degrees 29 minutes 53 seconds West for a distance of
268 . 92 feet to the south line of the said Lot 3 Fox Shopping
Center;
THENCE along the said south line, South 89 degrees 18 minutes
01 seconds East for a distance of 10 . 05 feet;
THENCE leaving the said south line, North 06 degrees 29
Page 1 of 2
minutes 53 seconds East for a distance of 267 . 91 feet;
THENCE along a curve to the left having a radius of 4583. 35
feet a central angle of 06 degrees 18 minutes 34 seconds and an arc
length of 504 . 72 feet, being subtended by a chord of North 03
degrees 20 minutes 36 seconds East for a distance of 504 . 47 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 90.22 feet to the said south line of the tract
described at Reception No. 87061099;
THENCE along the said south line, North 89 degrees 59 minutes
45 seconds West for a distance of 10. 00 feet to the point of
beginning. Containing 8, 628 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBIT H
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
JOHNSON INVESTMENTS, INC. , A COLORADO CORPORATION PROPERTY TO BE
DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement located in the northeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Lot 3 of the plat of Fox
Shopping Center . Subdivision a plat of record with the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Considering the north line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3.25" Aluminum Cap Monument at the northeast corner and
a 2 . 5" Aluminum Cap Monument at the north quarter corner of Section
23, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the northeast corner of the said Section 23;
THENCE along the north line of the northeast quarter of the
said Section 23, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, South 00 degrees 11
minutes 19 seconds West for a distance of 464 . 01 feet to the south
line of that certain tract of land as described in a Quit Claim
Deed recorded October 26, 1987 at Reception No. 87061099 records of
the said Clerk and Recorder;
THENCE along the said south lire, South 89 degrees 59 minutes
45 seconds East for a distance of 10 . 00 feet to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said south line, South 89 degrees
59 minutes 45 seconds East for a distance of 30 . 00 feet;
THENCE leaving the said south line, South 00 degrees 11
minutes 19 seconds West for a distance of 90 . 32 feet;
THENCE along a curve to the right having a radius of 4613. 35
feet a central angle of 06 degrees 18 minutes 34 seconds and an arc
length of 508 . 02 feet, being subtended by a chord of South 03
degrees 20 minutes 36 seconds West for a distance of 507 . 77 feet;
THENCE South 06 degrees 29 minutes 53 seconds West for a
distance of 264 . 86 feet to the south line of the said Lot 3 Fox
Shopping Center;
THENCE along the said south line, North 89 degrees 18 minutes
01 seconds West for a distance of 30. 15 feet;
Page 1 of 2
THENCE leaving the said south line, North 06 degrees 29
minutes 53 seconds East for a distance of 267 . 91 feet;
THENCE along a curve to the left having a radius of 4583 . 35
feet central angle of 06 degrees 18 minutes 34 seconds and an arc
length of 504 . 72 feet, being subtended by a chord of North 03
degrees 20 minutes 36 seconds East for a distance of 504 . 47 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 90.22 feet to the point of beginning. Containing
25, 891 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
EXHIBT H
LOCATION SKETCH
JOHNSON INVESTMENTS, INC
PROSPECT ROAD
0 / N 89'21'45' W 522.91' �e
N 1/4 CORNER NE CORNER
23-7-69 23-7-69
—1 /t90Ar
A9
N :
J
100'RNLWAY ROW
3 MAY 4, 2009
V° NTS
SLOPE AN➢ TTT!!!/// S"
UT628ILITYS0.ESMT.FT.8,
U ?:ICU
u U
`Y
PROPOSED
TEMP, CONST,
ESM'T.
25,891 SO. FT.
Course Bearing Distance
LS S 00'11'19' W 464.9,
L2 S 00*11,19, W 90.1
L3 S 06'29'53' W 268,92'
1-4 S 89,18,01, E 10.05'
1-5 N 06'29'53' E 267,91'
1-6 N 00*11'19' E 90.22'
1-7 N 89'59'45' W 10.00,
18 S 89'59'45' E 30.00,
L9 S 00'11119' W 90.32'
L10 S 06°29'53' W 264.86'
111 N 89'18'01' W 30.15'
Curve Radius Length Delta
Cl 4573.35' 503.62' 6.18'34'
m ,?fN/o C2 4583.35' 504.72' 6'18'34'
J::rrJ C3 4613.35' 508,02' 6'18'34'
L4
L1t STUART STREET
Sa!,W#t37 L*FNETJ
LOT 3
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHE
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
K\SURV\PROJ\TRANSERV\BRT\ROW