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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2006 - ITEMS RELATING TO THE PROVINCETOWNE P.U.D. FILING ITEM NUMBER: 21 A-B AGENDA ITEM SUMMARY DATE: October 17, 2006 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT Items Relating to the Provincetowne P.U.D. Filing Three Development. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. FINANCIAL IMPACT The developer has agreed to pay $10,475 for the drainage easement and temporary construction easement. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 169, 2006, Declaring Certain City-Owned Property in Provincetowne P.U.D. As Road Right-Of-Way B. First Reading of Ordinance No. 170, 2006, Authorizing the Conveyance of a Perpetual Drainage Easement and Temporary Construction Easement for the Provincetowne P.U.D. Filing Three Development Project. The developer of Provincetowne P.U.D.Filing 2,KB Homes Inc.,wishes to modify two cul-de-sacs in its development to connect with new roads included in the new Third Filing of Provincetowne P.U.D.. This modification would require the designation of a portion of Outlot I of Filing 2(future park site) as right-of-way. The developer also wishes to acquire a 30,771 square foot drainage easement through the future park site for the benefit of the development. BACKGROUND As part of the Provincetowne P.U.D.Filing 2 development,the developer,KB Homes Inc.,dedicated two cul-de-sac areas called Bellewood Court and Eden Ridge Court as public rights-of-way. In its new development plan,Provincetowne P.U.D.Filing 3,the developer wishes to extend the two cul- de-sacs to connect with two new roads from the 3rd Filing, Snowy Plain Road and San Juan Road. This modification would require that certain areas in Outlot I,Provincetowne P.U.D.Filing 2,which was reserved by the City as a future neighborhood park site when the Provincetowne property was October 17, 2006 -2- Item No. 21 A-B conveyed by the City to the developers predecessor,be designated by the City as right-of-way. The developer also wishes to acquire a 30,771 square foot drainage easement on the future park site for the benefit of the development and a temporary construction easement to construct the easement and the right-of-way areas. The City Parks Department has reviewed and approved the plans for the proposed right-of-way and easement areas. ORDINANCE NO. 169, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY IN PROVINCETOWNE P.U.D. AS ROAD RIGHT-OF-WAY WHEREAS, Outlot I of the Provincetowne P.U.D. Second Filing Development (the 'Property') is owned by the City of Fort Collins and designated as a future site for a neighborhood park; and WHEREAS, the developer has submitted plans for the Third Filing of the Provincetowne P.U.D (the 'Project") which will modify the roads surrounding the Property; and WHEREAS, the developer wishes to extend the two cul-de-sacs from the Second Filing called Bellewood Court and Eden Ridge Court to connect with two new roads from the Project, Snowy Plain Road and San Juan Road; and WHEREAS, modification of these two cul-de-sacs would require that a portion of the Property as described in Exhibits "A" and 'B", attached hereto, be designated by the City as right-of-way (the 'Right-of-Way"); and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby declares that the Right-of-Way described on Exhibits "A" and 'B" hereto shall constitute right-of-way for Bellewood Court and Eden Ridge Court and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City of Fort Collins. Section 2. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Latimer County Clerk and Recorder regarding the Right-of-Way upon final adoption. Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" Page 1 of 2 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D. FILING NO. 2,BEING A PORTION OF SECTION 13, TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARrAER, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION,AS BEARING N 40°07'43" E. COMMENCING AT THE SOUTHERLY CORNER OF SAID OUTLOT I; THENCE N 40007'43" E, ON SAID SOUTHEASTERLY LINE, A DISTANCE OF 242.91 FEET, TO THE POINT OF BEGINNING; THENCE N 4000743" E, CONTINUING ON SAID SOUTHEASTERLY LINE A DISTANCE OF 102.05 FEET, TO A POINT OF CURVATURE, SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF EDEN RIDGE COURT; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 34056'44" AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 33.54 FEET, THE CHORD OF SAID CURVE BEARING N 32°22'52"W, WITH A DISTANCE OF 33.03 FEET; THENCE S 40°07'43" W,A DISTANCE OF 49.19 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 53031'34" AND A RADIUS OF 78.00 FEET,AN ARC LENGTH OF 72.87 FEET, THE CHORD OF SAID CURVE BEARING S 13°29'10"W,WITH A DISTANCE OF 70.25 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 2,716 SQUARE FEET. I, CHAD R. WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT. L 3796 == CHAD R. WASHBURN,PLS COLORADO L OR AND ON THE BEHALF OF JR ENGINEERING LLC. �s�oNAL LAN THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERMO TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EA027NO EASEMENT RIGHTS AND RECOAalENDS CONSULTATION WITH AN ATTORNEY. X:\3940000.aIM945900\WordlLegalsl7945900LX11 ROW DEDICATION EDEN RIDGE.da PAGE 1 OF 1 EXHIBIT"A" Page 2 of 2 �p 1, QRP �• J O Q-OG�2u�G�o, OS`J2 Q Q.J' e- o W A=34'56'44" R=55.00' L=33.54' CH-33.03' N32'22'52"W �O GP .�6 R=78.00' L=72.87' CH-70.25' fi S13'29'10'W ;y F V by a \POINT OF BEGINNING Q�Q' $ / tibF JG O� O � / DOJOS QQ- �SOUTHERLY CORNER OF OUTLOTI POINT OF COMMENCEMENT 30 15 0 30 SCALE: 1" = 30' EDEN RIDGE R.O.W. DEDICA71O gt PROVINCETOWNE RUNG THREE 3 96 Y9c JOB NO. 39459.00 SHEET 1 OF 1 'AL AND NOTE: J•R ENGINEERING THIS DRAWING DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY �wn0m INTENDED TO DEPICT THE ATTACHED S�Rmp�Rxd 9h 190 Com,O] BCBS x LEGAL DESCRIPTION. 4,6AFABE•Fu FN-IBI-BWl• EXHIBIT "B" Page 1 of 2 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D. FILING NO. 2,BEING A PORTION OF SECTION 13, TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE NORTHWESTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N 40°07'43" E. COMMENCING AT THE WESTERLY CORNER OF SAID OUTLOT I; THENCE N 40007'43"E, ON SAID NORTHWESTERLY LINE,A DISTANCE OF 145.43 FEET, TO THE POINT OF BEGINNING; THENCE N 40°07'43" E, CONTINUING ON SAID LINE A DISTANCE OF 188.05 FEET, TO A POINT OF CURVATURE, SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF BELLEWOOD COURT; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 34055'52" AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 33.56 FEET,THE CHORD OF SAID CURVE BEARING S 67°25'32" E,WITH A DISTANCE OF 33.04 FEET; THENCE S 40°07'43"W,A DISTANCE OF 135.39 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 5302418" AND A RADIUS OF 78.00 FEET,AN ARC LENGTH OF 72.70 FEET, THE CHORD OF SAID CURVE BEARING S 66°49'52"W,WITH A DISTANCE OF 70.10 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 5,431 SQUARE FEET. I,CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN.THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION,AND BELIEF,ARE CORRECT. Oo -7. FQ CHAD R.WASHBURN,PLS COLORADO PLS NO. 963 OR AND ON THE BEHALF OF 7R ENGINEERING LLC. ss�aVgs"" THIS LEGAL DESCRIPTION DOES NOT CONSTTTUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURYEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EM MO EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. X:\3940000.s11\3945900\Word\Lega15\3945900LX10 ROW DEDICATION BELLEWOODAd PAGE 1 OF 1 EXHIBIT"B" Page 2 of 2 OO �ti�p. �,34'55'52 R-55.00' L=33.56' CH=33.04' S6725'32"E �P J�Q OkO\�i �1 b bh1 O ry O �G POINT OF \ BEGINNING O�Q) ti dr53'24'18" O R=78.00' / bh' O20 L-72.70' CH=70.10' / • Q`� S66'49'52"W K /^b4�y Q• 20g0 Q` a WESTERLY CORNER OF OUTLOTI 30 15 0 30 POINT OF COMMENCEMENT SCALE: 1" = 30' BELLEWOOD R.O.W. DEDICATION PROVINCETOWNE FILING THREE `• JOB NO. 39459.00 3 9 OCTOBER 4. 2006 ,.j SHEET 1 OF 1 ••........•. NOTE: 04'Al LAND THIS DRAWING DOES NOT REPRESENT A J'R ENGINEERING MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED 2®Ead Pmped�l9ie F2•FM C*K DO8M x LEGAL DESCRIPTION. 97649,M.F,a 4N-/BI-8�/ ORDINANCE NO. 170, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERPETUAL DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE PROVINCETOWNE P.U.D. FILING 3 DEVELOPMENT PROJECT WHEREAS, Outlot I of the Provincetowne P.U.D. Second Filing Development (the "Property"), is owned by the City of Fort Collins and designated as a future site for a neighborhood park; and WHEREAS, KB Homes, Incorporated is developing the Provincetowne P.U.D. Filing Three project (the 'Project") west of the Property; and WHEREAS, in order to provide a drainage easement for the Project, KB Homes, Incorporated wishes to acquire a perpetual drainage easement, as described in Exhibit "A", attached hereto, on the Property; and WHEREAS, to construct and provide proper grading for the drainage easement, KB Homes, Incorporated wishes to acquire a temporary construction easement, as described in Exhibit "B", attached hereto, on the Property; and WHEREAS, KB Homes, Incorporated has agreed to pay to the City $10,475 for the easements, and WHEREAS, based on review of this request by staff, it has been determined that granting the easements will not have any adverse effects on the Property; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the of real property owned b the Council first finds by ordinance that any sale or other disposition p p y y City is in the best interest of the City of Fort Collins; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Drainage Easement and the Temporary Construction Easement on the Property, in accordance with the terms of this Ordinance, will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the easements to KB Homes, Incorporated upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT"A" LE9ALDESCRRTPSTON Page 2 of 2 DRAINAGE EASEMENT A TRACT OF LAND LOCATED IN SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM,Col INTY OF LARIIIRR.R STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING.THE EAST LINE OF THE SOUTHEAST ONB-QUARTER OF SECTION 13.TOWNSHIP 6 N RTH, RANGE 69 WEST,BEING MONUMENTED ON THE NORTH END BY A 3"ALUMINUM CAP MARKED"LS 123 4" AND AT THE SOUTH END BY A 3-1/4"ALUMINUM CAP MARKED"LS 12374"IS ASSUMED TO BEAR S 0000 108"W, WITH A DISTANCE OF 2699.17 FEET BETWEEN SAID MONUMENTS. i COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 13; THENCE S89051'41"W,A DISTANCE OF 2405.40 FEET,TO THE POINT OF BEGINNING; THENCE S3803236"W,A DISTANCE OF 409.77 FEET; THENCE S2002754"E,A DISTANCE OF 56.74 FEET; THENCE S7000749"E,A DISTANCE OF 85.83 FEET; THENCE N78015'06"E,A DISTANCE OF 126.67 FEET; THENCE S83031'54"E,A DISTANCE OF 198.03 FEET; THENCE S40007'41"W,A DISTANCE OF 16.35 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 57049'34"AND A RADIUS OF 87.00 FEET,AN ARC LENGTH OF 87.81 FEET,THE CHORD OF SAID CURVE BEARING S 1l°7A'10"W, WITH A DISTANCE OF 84.13 FEET,TO A POINT OF NON TANGENCY,SAID POINT ALSO BEING ON THE EASTERLY BOUNDARY OF OUTLOT I,PROVINCETOWNE 2N0 FILING; THENCE S4000743"W,ON SAID EASTERLY BOUNDARY,A DISTANCE OF 77.32 FEET; THENCE NO1-23-13.1,A DISTANCE OF 12227 FEET, THENCE N83-31'S4"W,A DISTANCE OF 121.73 FEET; THENCE S78015'06"W,A DISTANCE OF 141.59 FEET; THENCE N11044'54"W,A DISTANCE OF 29.65 FEET, THENCE N70007'49"W,A DISTANCE OF 204.05 FEET,TO A POINT ON THE WESTERLY BOUNDARY OF SAID OUTLOT I; THENCE N4000743"E,ON SAID WESTERLY BOUNDARY,A DISTANCE OF 21.32 FEET; THENCE S7000749"E,A DISTANCE OF 97.34 FEET, THENCE N2002754"W,A DISTANCE OF 51.08 FEET, THENCE N3803236"E,A DISTANCE OF 401.47 FEET; THENCE N50022'13"W,A DISTANCE OF 4.21 FEET,TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF BELLEWOOD COURT; THENCE N40007'43-E,ON SAID RIGHT-OF-WAY,A DISTANCE OF 20.00 FEET; THENCE S50022'13"E,A DISTANCE OF 23.66 FEST,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 30,771 SQUARE FEET. L CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT. CHAD R WASHBURN,PLS T 37963 COLORADO PLS NO.37963 $ : ! 06�r FOR AND ON THE BEHALF OF JR ENGINEERING LLC. 2620 EAST PROSPECT ROAD,SUITE 190 4L LAND FORT COLLINS,CO 80525 THLSLEGALD=RL-MWDOMNOTCONSTRULEAMUS&IRCXBYJRLWDMEWIGTODEl6RMWEOFFXI S &P0F7N6IRICTORYElW7ZdSEMUM OF RECORD.JR EWNEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSMILDY FOR OWNEASIDP PJOHIS OR=7TNO EAEEMRO MGh7S AND RECOMMENDS CONSULTATION W HANATTORNEY. X:394000DAM9459MWad\[q.6U945S00[X6 DRA OE ESMTA6e PAGE OBI X:U84o0.00aw9o45s00Wewhgs�L^er EWblft 184M01A DUNAGE ESMT.d,4 LX8.812&2=T:880 AM,d.. mzo10 O G N A W N o + uri z c A l�` o EXHIBIT"A" Mmoz$ Page 2of2 N N N z Z z Z Z N Z z N z N N yor�pp m $ V N N N A + V CO O V V N z oo $ 000 - Nw � 9 m d 5 N d I3 N p A 1 (.i N d �N D m g0 0 V VNVNv -( + N uVNVVSD � NAN Op A fT 2 D y1yO _ A W A COl W W Ol t0 A% W 4 r 0 f P'l of� E m f m f m M M I*1 >v v V V O A (� N d N A Off 8 m N (Nip N V N N Ol W A a Om W V V OA r 08 C C! z yO { oN 0 A z u N z A 81 lz 04 Q � -i z A Z m f? { r N m A o� z~r Z m g _n xx z NgGWoo J N O Sy�V.i A > A A •G°AROh� 0 m M9 � In z S00"06'08"W 2699.17' I+i 5= + nowc�E LA ST JNE, 1 SEC 73, TBN R89W BASIS OF BEARN A 0 m0oWu a� {€ 23 Cm y:z==g11 mmsz A f z z €"1A1 z ' £ZA B# { w EXHIBIT"B" Page 1 of 3 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D.FILING NO.2,BEING A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM,COUNTY OF LAREVIER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING:THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, ASSUMED TO BEARING S40007430W. BEGRCKI NG AT THE SOUTHERLY CORNER OF SAID OUTLOT I;THENCE ON THE ARC OF A CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 29050510 AND A RADIUS OF 450.00 FEET,AN ARC LENGTH OF 234.42 FEET,THE CHORD OF SAID CURVE BEARING N38001'44"W, WITH A DISTANCE OF 231.72 FEET,TO A POINT OF TANGENCY; THENCE N5205779"W,A DISTANCE OF 4457 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 12007'53"AND A RADIUS OF 1000.00 FEET,AN ARC LENGTH OF 211.73 FEET,THE CHORD OF SAID CURVE BEARING N5900F31"W,WITH A DISTANCE OF 211.33 FEET,TO A POINT OF NON-TANGENCY; THENCE N40007'43"E,A DISTANCE OF 333.44 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 12905725"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 123.79 FEET,THE CHORD OF SAID CURVE BEARING N65034'17E,WITH A DISTANCE OF 99.27 FEET,TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 39005'11"AND A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING N20035'07 E,WITH A DISTANCE OF 33.45 FEET,TO A POINT OF TANGENCY; THENCE N4000743"E,A DISTANCE OF 80.01 FEET; THENCE S4905222"E,A DISTANCE OF 50.00 FEET; THENCE 54000743"W,A DISTANCE OF 80.01 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 69026 08"AND A RADIUS OF 105.00 FEET,AN ARC LENGTH OF 127.25 FEET,THE CHORD OF SAID CURVE BEARING S35047'30"W,WITH A DISTANCE OF 119.61 FEET,TO A POINT OF NON-TANGENCY; THENCE S40007'43"W,A DISTANCE OF 123.67 FEET; THENCE 569040'58"E,A DISTANCE OF 339.00 FEED; THENCE 1440007'43"E,A DISTANCE OF 14AO FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 7300128"AND A RADIUS OF 85.00 FEET,AN ARC LENGTH OF 108.33 FEET,THE CHORD OF SAID CURVE BEARING 1442042'12"E,WITH A DISTANCE OF 101.15 FEET,TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LET,SAID CURVE HAVING A DELTA OF 39005'13"AND A RADIUS OF 20.00 FEET,AN ARC LENGTH OF 13.64 FEET,THE CHORD OF SAID CURVE BEARING N59040'19'T,WITH A DISTANCE OF 1338 FEET,TO A POINT OF TANGENCY; THENCE N4000743"E,A DISTANCE OF 80.00 FEET; THENCE S4905222"E,A DISTANCE OF 30.00 FEET; THENCE S40007'43"W,A DISTANCE OF 80.00 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 39005*13%AND A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 34.11 FEET,THE CHORD OF Pp I of2X:139/M4lM9459MWo dN.p4UM9DOLXISTEW CONSf ERATA00 EXHIBIT"B" Page 2 of 3 SAID CURVE BEARING S 59'40'19"W,WITH A DISTANCE OF 33.45FEET,TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 129004'00"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 123.89 FEET,THE CHORD OF SAID CURVE BEARING S 14'40'56"W,WITH A DISTANCE OF 99.31 FEET,TO A POINT OF NON- TANGENCY; THENCE S40'07'43"W,A DISTANCE OF 344.94 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 145,755 SQUARE FEET. I.CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT. s CHAD R.WASHBURN,PLS =: COLORADO PLS NO.37963 z FOR AND ON BEHALF OF JR ENGINEERING,LLC. "' @@@���"` 2620 E.PROSPECT ROAD,SUITE 190 FORT COLLINS,CO 80525 =LCOALD8OUMONDOESNOTCONb MUFAT=RSURWBYJR i0Nf N0T0barMMMH0WAMX%BOF7M PARM OR VERFFYEA$MdZMOPXWUW.JAMMBVEU.WGeNnnlZSURVEYOR 0FJMMWeSSEMZYAVA='0=aRy FOR OWNHRSNG'MIM OR EIiSTLNO EASE MTRION75AND RECOMEENDS COAWULTA770M W=ANA77ORNEY. P"w 2 mvc.�3wwoo.w9459amW WKZPW9s59DOun scams CONST ESMTAW EXHIBIT"B" Page 3 of 3 O \\ 6-39'OV11' \Y e -3307' d. F N2 07'E" M7 '6T25'/ u� R-55.00' L-123.79' CN-99.27' 8 34'1YE RZ \�G �Sq R-10S.00' p, O' A 3 'l3• �4�O J� N L-127.2W .`\i \� R-20.00' p DR� �q/�l CN-119.81' p\� e L-13.64' `Sey ,G ry+y S36'4730"W CH-13.3W " '26"N59 40'19'E R-85.0 f O&O 8 0' gyp. Lr10B.33' CH-101.15' 4 N4242'12"E 33g N40V743'E R-bmw 14.40' 34.11' G-129 '00"CH:33.45' R-55.00' S59'40'19"W TEMPORARY CONSTRUCTION EASEMENT L-123.&W A-12V7'53• 145,755 SO. FT. 51410'S8'W R-1000.00' L-211.73' CH-211.33' N59V1'31"W si 8 E � � w+ kA��jy\ A"2950'S1" R-450.00' �� L-234.4Y CH-231.7Y N38V1'44'W SOUTHERLY CORNER OF OUTLOTI POINT OF COMMENCEMENT TEMPORARY CONST. ESMT. PROVINCETOWNE FlUNG THREE 100 50 0 100 's JOB NO. 39459.00 9 SEPTEMBER 27. 2006 SCALE: 1" - 100' z 77 68 03 SHEET 1 OF 1 0 3 NOTE- THIS DRAVANG DOES NOT REPRESENT A J-P,ENGINHERING 8 MONUMENTED SURVEY AND IS ONLY v+ A- CW 3 INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. ,