Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/01/2009 - FIRST READING OF ORDINANCE NO. 134, 2009, AUTHORIZ DATE: December 1, 2009 SUMMARYAGENDA ITEM STAFF: Patrick Rowe, Helen Matson _ Steve McQuilken • COLLINSCOUNCIL AIM First Reading of Ordinance No. 134,2009,Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project(Phase Three). EXECUTIVE SUMMARY The Mason Express ("MAX"), bus rapid transit project is currently within the right-of-way acquisition phase of the .project. Project acquisitions have been broken into four phases, with the possibility of additional phases as needed. This Ordinance pertains to the third phase (Phase Three) and consists of six distinct property ownerships. Phases I and II were previously adopted by City Council earlier this year, and acquisitions for these phases are currently underway. As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970,as amended(Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to Colorado State�Statute in the official Notice-of-Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. This letter is the first official step in the acquisition phase, which must occur prior to the appraisals. Given the recommended construction schedule for the Project and the fact that acquisitions must be conducted under procedures for federally funded projects, timely acquisition fo the property interests is necessary. Therefore, staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. BACKGROUND / DISCUSSION The Mason Corridor bus rapid transit project, branded Mason Express or"MAX", is a five mile, north-south byway which extends from the Downtown Transit Center on the north to the planned South Transit Center, south of Harmony Road. 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. 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 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 the Project can be characterized as a five foot permanent easement and a twenty foot temporary construction easement along the rear of properties adjacent to the Project. Fee simple ownership is also needed in a number of locations to accommodate stations, 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 four phases,with the potential for additional phases as needed. Phase Three consists of six distinct property ownerships, one of which was previously approved by Council in Phase Two, but due to a legal description error, needs to be reauthorized (see attached location map). The remaining fourteen property ownerships will come later as a separate agenda item. 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. December 1, 2009 -2-_ ITEM 14 Additionally,staff has had property specific communications with the six ownerships in Phase Three. All Phase Three ownerships have been notified by certified mail of staff's 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's 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, City Council must authorize eminent domain (only to be used if necessary) before appraisals and negotiations can take place. Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to utilizing eminent domain only if absolutely necessary, and only if good faith negotiations are not successful. FINANCIAL IMPACT Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH Individual property owner meetings have occurred with the six property owners for this acquisition phase within the last two months. ATTACHMENTS 1. Location map ATTACHMENT 1 Mason Corridor Phase Three Acquisitions Location Map W OSPECT RD E PROSPECT RD a a, x wa W w Q a W D KE RD w E DRAKE RD w J J � J 0 Q J w_ 2 W ORSETOOTH RD E HORSETOOTH RD �P HARMONY RD E HARMONY RD N 74 General Location of Acquisitions �'+, ORDINANCE NO. 134, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT (PHASE THREE) WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project")is scheduled for construction in 2010; and WHEREAS, the Project involves the construction of a five mile, north-south byway which extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South Transit Center); and WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete paving, retaining walls, curb and gutter, and drainage and utility improvements; 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 WHEREAS, it is necessary for the City to acquire certain property rights (the "Properties") hereinafter described on Exhibits "A"through "I"', 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 for the acquisition of the Properties from the landowners; and WHEREAS,the acquisition of the Properties is desirable and necessary for the construction of the Project, is in the City's best interest and enhances public health, safety, and welfare; and WHEREAS,the acquisition of the Properties 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 is necessary and in the public interest to acquire the Properties described on the Exhibits for the purpose of the Mason Corridor Bus Rapid Transit 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 finds, in the event that acquisition of the Properties by eminent domain is commenced,that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 1 st day of December, A.D. 2009, and to be presented for final passage on the 15th day of December, A.D. 2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of December, A.D. 2009. Mayor ATTEST: City Clerk Exhibit "A" Page 1 of 5 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE PEDERSEN PROPERTIES, LTD. , A COLORADO LIMITED PARTNERSHIP PROPERTY TO BE .DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the southeast quarter of Section 35, 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 Pedersen Auto Plaza Subdivision 2" Filing a plat of record with the Clerk and Recorder of the said Larimer County, the said easement is also located in that certain tract of land as described in a Quit Claim Deed recorded March 30, 2000 at Reception No. 2000020521 records of the said Clerk and Recorder, being more particularly described as follows; Considering the south line of the southeast quarter of the said Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" 'Aluminum Cap Monument at the south quarter corner of Section 35, 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 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 530 . 90 feet to the southwest corner of the said Lot 1 of the Pedersen Auto Plaza Subdivision 2rd Filing, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 638 . 78 feet to the northwest corner of the said Lot 1; THENCE along the north line of the said Lot 1, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 638 . 77 feet to the south line of the said Lot 1; THENCE along the said south line, North 89 degrees 55 minutes 32 seconds West for a distance of 5 . 00 feet to the point of beginning. Containing 3, 194 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 Exhibit "A" Page 2 of 5 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 ```,`,ppCll9RA/�jpjjj�j�' P.O. BOX 580 FORT COLLINS, CO 80522 `�"Y............ �iTE'. Ga 17497 Page 2 of 2 Exhibit "A" Page 3 of 5 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE' PEDERSEN PROPERTIES, LTD. , A COLORADO LIMITED PARTNERSHIP PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the southeast quarter of Section 35, 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 Pedersen Auto Plaza Subdivision 21d Filing a plat of record with the Clerk and Recorder of the said Larimer County, the said easement is also located in that certain tract of land as described in a Quit Claim Deed recorded March 30, 2000 at Reception No. 2000020521 records of the said Clerk and Recorder, being more particularly described as follows; Considering the south line of the southeast quarter of the said Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3. 25" Aluminum Cap Monument at the south quarter corner of Section 35, 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 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005 . 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 530. 90 feet to the southwest corner of the said .Lot 1 of the Pedersen Auto Plaza Subdivision 2°d Filing; THENCE along the south line of the said Lot 1, South 89 degrees 55 minutes 32 seconds East for a distance of 5 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 638 . 77 feet to the north line of the said Lot 1; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 20 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 638 . 73 feet to the said south line of Lot 1; THENCE along the said south line, North 89 degrees 55 minutes 32 seconds West for a distance of 20 . 00 feet to the point of beginning. Containing 12, 775 square feet more or less. Page 1 of 2 Exhibit "A" Page 4 of 5 The above described tract is subject to all easements and rights o' 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 ,®��11`lullllpdi��� µ... ... ��sy �QV ..G\STERfp' ;i "-• ND SUP�� Page 2 of 2 Exhibit „ „ LOCATION SKETCH PEDERSEN PROPERTIES. LTD. N OCTOBER 16, 2009 L2 L5 NTS Fplz�� PROPOSED TEMP. CONST. 100' RAILWAY ROWI ESM'T, 12,775 SO. FT. �OG,A y Ov PROPOSED IPA SLOPE AND p�� UTILITY ESMT. 3,194 SO. FT. LOT PEOERSEN AUTO PLAZA 6'OF SZ1M1kfSJOi4�ZNO IZAN0 4; N 1R4C1'OESCRJBEO AT REC�2,9",10.521 L L \ , W N 517UTNH£ST CORNER ' i� °� LOT J 0 0 • M O N Z B _ _ N 89.54'45' W 1005,65' _e S 1/4 CORNER 35-7-69 HARMONY ROAD SE CORNER 35-7-69 Course Bearing Distance LI N 01'03'52' E 638.78' L2 S 69'49'11' E 5,00' L3 S 01.03,52, W 638.77' L4 N 89'55'32' W 5.00' THIS SKETCH AND THE AREAS L5 S 69.49'11' E 20.00, SHOWN DEPICT THE ATTACHED L6 S 01'03'52' W 638.73' PROPERTY DESCRIPTION ONLY,AND DO NOT REPRESENT A L7 N 89.55'32' W 20.00' MONUMENTED BOUNDARY SURVEY. K\SURV\PROJ\TRANSERV\BRT\ROW Exhibit 'B" Page 1 of 3. DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE DEMARCO HOLDINGS. LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the southeast quarter of Section 35, 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 Highline Autos P. U. D. 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 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" Aluminum Cap Monument at the south quarter corner of Section 35, 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 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005 . 65 feet to the. east right of way of the BNSF Railway; . THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1169 . 68 feet to the southwest corner of the said Lot 1 of the Highline Autos P. U. D. and to the TRUE POINT OF BEGINNING of this description;- THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 201 . 02 feet to the northwest corner of the said Lot 1; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 201. 02 feet to the south line of the said Lot l; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 5 . 00 feet to the point of beginning. Containing 1, 005 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. ao�cv 0111dJ0/lj�� P P ``���P�E CRAIG WALLACE C. MUSCOTT COLORADO P.L. S . 17497 pj�P��`P�E�ISTEq�O.sC� P.O. BOX 580 FORT COLLINS, CO 80522 74 G 97 rrf�' N,lolze. o? s X 0.7'vo o; �0 ,SUa:E'. pp2m'` ss,'vfl f! 07o1Bo��e. Exhibit ."B" Page 2 of 3' DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE DEMARCO HOLDINGS . LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the southeast quarter of Section 35, 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 Highline Autos P.U. D. 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 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" Aluminum Cap Monument at the south quarter corner of Section 35, 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 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1169 . 68 feet to the southwest corner of the said Lot 1 of the Highline Autos P. U. D. ; THENCE along the south line of the said Lot 1, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 201 . 02 feet to the north line of the said Lot 1; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 20 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 201. 02 feet to the said south line of Lot 1; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 20 . 00 feet to the point of beginning. Containing 4, 020 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 previous qj�j%,orded plats and deeds and not upon a actual field survey. o °�ECRq�� ��>�i,, L- PSGISTF�'�'O Gs�G WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 _ 97,/ BIO'YQ OPO'��� Exhibit "B" Page 3 Qf LOCATION SKETCH DEMARCO HOLDINGS , LLC PROPOSED TEMP. CONST. ESM'T. _ 4,020 SD. FT. W , L2 L5 h _ O I II C P o J SLOPE AND ROPOSED I I 3 UTILITY V 0 1,005 S0. FT.FT. J IJ IIJ I y�yL/NE AUTOS PUD ED I II L m m L L7 100' RAILWAY ROW W N N Co (h � o � ' o Z .. N 89°54'45' W 1005.65' �e S 1/4 CORNER 35-7-69 HARMONY ROAD SE CORNER 35-7-69 Course Bearing Distance Li N 01'03'52' E 201.02' L2 S 89'49'11' E 5.00' L3 S 01'03'52' W 201.02' N L4 N 89'49'11' W 5,00' L5 S 89°49'11' E 20,00' L6 S 01'03'52' W 201,02' L7 N 89°49'11' W 20.00' HIOWNKDDECPICTATHE ATTACHED OCTOBER 16, 2009 PROPERTY DESCRIPTION ONLY, NTJ AND DO NOT REPRESENT A 40NUMFNTED BOUNDARY SURVEY. K\SURV\PROJ\TRANSERV\BRT\ROW Exhibit "C" Page 1 of 4 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE MOWERY DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the southeast quarter of Section 35, 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 6 of the plat of Replat of Troutman P. U. D. Phase Two 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 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" Aluminum Cap Monument at the south quarter corner of Section 35, 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 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1370 . 70 feet to the southwest corner of the said Lot 6 of the Replat of Troutman P. U. D. Phase Two and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 212 . 13 feet to the northwest corner of the said Lot 6; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 212A3 feet to the south line of the said Lot 6; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 5. 00 feet to the point of beginning. Containing 1, 061 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 previo��e�� 1t1°11S1t�yj�ded plats and deeds and not upon a actual field survey`��eP��PP£Gs F/,yjGsc�j WALLACE C. MUSCOTT COLORADO P. L. S. 17497 �• o P.O. BOX 580 FORT COLLINS, CO 80522 174,97 s N: �.• /ul�se� ,''�';, O11P I°Oi CR Via^ Exhibit "C" Page 2 of 4 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE MOWERY DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEEDED, TO THE CITY OF FORT COLLINS A Tract of land located in the southeast quarter of Section 35, Township 7 North Range 69 West of the Sixth Principal Meridian; City of Fort Collins, Larimer County, Colorado, the said tract is also that certain tract of land as described in a Quit Claim Deed recorded February 2, 1999 at Reception No. 99009356 records of 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 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3. 25" Aluminum Cap Monument at the south quarter corner of Section 35, 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 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005 . 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1339. 15 feet to the south line of the said tract described at Reception No. 99009356, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 225 . 00 feet to the north line of the said tract described at Reception No. 99009356; THENCE along the said north line, North 88 degrees 56 minutes 08 seconds West for a distance of 25. 00 feet to the west line of the said tract described at Reception No. 99009356; THENCE along the said west line, South 01 degrees 03 minutes 52 seconds West for a distance of 225. 00 feet to the said south line of the tract described at Reception No. 99009356; THENCE along the said south line, South 88 degrees 56 minutes 08 seconds East for a distance of 25. 00 feet to the point of beginning. Containing '5, 625 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 previ voT In corded plats and deeds and not upon a actual field sure /G ��°i° `� EC,�sTggFO�/�,CO WALLACE C. MUSCOTT. COLORADO P.L. S . 17497 1 � W P.O. BOX 580 FORT COLLINS, CO 80522 = 17497 N e9 l 0C�0'O�ti'• Exhibit "C" Page 3 of 4. DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE MOWERY DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the southeast quarter of Section 35, 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 6 of the plat of Replat of Troutman P.U. D. Phase Two 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 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" Aluminum Cap Monument at the south quarter corner of Section 35, 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 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1370. 70 feet to the southwest corner of the said Lot 6 of the Replat of Troutman P.U. D. Phase Two; THENCE along the south line of the said Lot 6, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving . the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 212 . 13 feet to the north line of the said Lot 6; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 20 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 212 . 13 feet to the said south line of Lot 6; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 20 . 00 feet to the point of beginning. Containing 4, 243 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 m professional knowl� i e f and opinion. The description is based upon previ5A%'Py 6494,j�d plats and deeds and not upon a actual field survey ti'3P; Pti�STRAFo -•, G �y'j yt—• WALLACE C. MUSCOTT COLORADO P. L. S. 17497 =,� ? 17497 P. O. BOX 580 FORT COLLINS, CO 80522 N eHO SUR E'i 0" O© w op 96OB910, e� Exhibit „ „ Page 4 of 4 LOCATION SKETCH MOWERY DEVELOPMENT, LLC 100' RAILWAY ROW LIS L9 L2ry�O ACC14S'ES(? IF F- 13 C PROPOSE➢ I I TRACT TO BE _ DEEDED TO CITY COT 6 5,625 SO. FT. I PEPEAT OF 7ROUlElAN 3 _ P!/O Ph4SE 77tD I 7� o II UMIIYANO ACCESS Z-"I' J J I I TEMP,POCONST. fTl ESM'T. 4,243 SO. FT. PROPOSED SLOPE AND IL_JI UTILITY E FT. 1,061 SD. FT. �ry,yyq ,�GCfSS ESVT LS Lll L4 SOVTH6YEST CORNER w ]n o LOT 6 (L1 0` o M C7 6 0 Z p� N 89'54'45' W 1005.65' �e S 1/4 /CORNER HARMONY ROAD SE CORNER 35-7-69 35-7-69 Course Bearing Distance Ll N 01*03'52' E 225.00' L2 N 88'56'08' W 25.00' L3 S 01'03'52' W 225.00' L4 S 88°56'08' E 25.00' L5 N 01*03'52' E 212.13' L6 S 89'49'11' E 5.00' L7 S 01'03'52' W 212.13' L8 N 89°49'11' W 5,00' N L9 S 89'49'11' E 20.00' L1.0 S 01°03'52' W 212.13' Lll N 8944911' W 20.00' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED TEPREa" °ANDDONORSENTA OCTOBER 16, 2009 MONUMENTED BOUNDARY SURVEY. ��^ K\SURV J\PRDJ\TRANSERV\BRT\ROW Exhibit "D" Page 1 of 5 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THEI PJM7, LLC, A COLORADO LIMITED LIABILITY CORPORATION PROPERTY T6 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, the said easement is also located in that certain tract of land as described in a Warranty Deed recorded May 13, 2008 at Reception No. 20080030400 records of the said clerk and recorder, 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 the said tract described at Reception No. 20080030400; THENCE along the said south line, South 89 degrees 59 minutes 45 seconds East for a distance of 2 . 60 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 37 . 40 feet; THENCE leaving the said south line, North 00 degrees 11 minutes 19 seconds East for a distance of 42 . 81 feet; THENCE North 89 degrees 58 minutes 48 seconds West for a distance of 37 . 57 feet; THENCE South 00 degrees 02 minutes 30 seconds East for a distance of 42 . 82 feet to the point of beginning. Containing 1, 605 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 Page 1 of 2 c Exhibit "D" Page 2 of 5' 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 °°i°e9a�se6aere�a4s� p, E CRg1g g%�� �Q�.••PEGISTgHr.O C GzP. • O oN °9tio ` �o. ��• Page 2 of, 2 Exhibit "D" Page 3 of 5 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE PJM7, LLC, A COLORADO LIMITED LIABILITY 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, the said easement is also located in that certain tract of land as described in a Warranty Deed recorded May 13, 2008 at Reception No. 20080030400 records of the said clerk and recorder, 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 220 . 01 feet to the north line of the said tract described at Reception No. 20080030400 and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said BNSF Railway right of way, and along the west line of the said tract, South 00 degrees 11 minutes 19 seconds West for a distance of 244 . 00 feet to the south line of the said tract described at Reception No. 20080030400; THENCE along the said south line, South 89 degrees 59 minutes 45 seconds East for a distance of 2 . 60 feet; THENCE leaving the said south line, North 00 degrees 02 minutes 30 seconds West for a distance of 174 . 31 feet; THENCE North 89 degrees 57 minutes 30 seconds East for a distance of 1 . 95 feet; THENCE North 00 degrees 04 minutes 14 seconds East for a distance of 69 . 65 feet to the said north line of the tract described at Reception No. 20080030400; THENCE along the said north line, North 89 degrees 21 minutes 45 seconds West for a distance. of 3 . 71 feet to the point of beginning. Containing 655 square feet more or less. Page 1 of . 2 Exhibit "D" Page 4 of 5 . 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 ,`s```OpGElcltl�IGli������a o �A .E....... `oQ QV •'� G�STFH S 17497 Page 2 of 2 Fvhihif II II Page 5 of 5 LOCATION SKETCH PJM7, LLC, A COLORADO LIMITED LIABILITY COMPANY PROSPECT ROAD / N 89°21'45' W 522.91' �e N 1/4 CORNER NE CORNER 23-7-69 23-7-69 J L7 J FOX Sf/OPP/NG CENTER sueol�rsr�v PROPOSED L5 SLOPE AND UTILITY ESMT. " OR/Bcp 00 655 SD. FT. J . m rr�cREGO ZOOd (U i J J x EXIST EASEMENT PER Rf 2Lb6oa32.T65 L10 t J J PROPOSED TEMP CONST. \ L8 ESM'T. L3 1,605 SO. FT. 100'PALWAY ROW ' COT 3 FOX sh'OPP/NC CENTER sueonfslav Course Bearing Distance _ Ll S 00°11'19' W 220.01' L2 S 00°11'19' W 244.00' L3 S 89°59'45' E 2.60' L4 N 00`02'30' W 174.31' L5 N 89°57'30' E 1.95' L6 N 00°04'14' E 69.65' L7 N 89°21'45' W 3.71' L8 S 89°59'45' E 37.40' L9 N 00°ll'19' E 42.81' N L10 N 89°58'48' W ' 37.57' Lll I S 00°02'30' E 42.82' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROANDPERTY DO NOT�REPRESENTION OALY OCTOBER 22, 2009 MONUMENTED BOUNDARY SURVEY. Iv, 17S K\SURV\PROU\TRANSERV\BRT\ROW Exhibit "E" Page 1 of 4 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE SHOPPES AT PROSPECT CONDOMINIUMS ASSOCIATION 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 that certain tract of land as described in the Shoppes At Prospect Condominiums as recorded December 14, 2005 at Reception No. 20050106618 records of 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 30 . 00 feet to the north . line of the said tract described in the Shoppes At Prospect Condominiums, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way and along the west line of the said tract described in the Shoppes At Prospect Condominiums, South 00 degrees 11 minutes 19 seconds West for a distance of 190 . 01 feet to the south line of the said tract; THENCE along the said south line, South 89 degrees 21 minutes 45 seconds East for a distance of 3. 57 feet; THENCE leaving the said south line, North 00 degrees 15 minutes 09 seconds East for a distance of 190 . 00 feet to the said north line of the tract described in the Shoppes At Prospect Condominiums; THENCE along the said north line, North 89 degrees 21 minutes 45 seconds West for a distance of 3. 78 feet to the point of beginning. Containing 698 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 Exhibit "E" Page 2 of 4. 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 ��`��v>tGE�� AIG° veprpm� p .. (� .. '°0�sC+Gy�.,yW 49 0oz6~ r Page-2 of 2 Exhibit "E" Page 3 of 4 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE SHOPPES AT PROSPECT CONDOMINIUMS ASSOCIATION 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 as described in the Shoppes At Prospect condominiums as recorded December 14, 2005 at Reception No. 20050106618 records of 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 30 . 00 feet to the north line of the said tract described in the Shoppes At Prospect Condominiums; THENCE along the said north line, South 89 degrees 21 minutes 45 seconds East for a distance of 3 . 78 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said north line, South 00 degrees 15 minutes 09 seconds West for a distance of 14 . 61 feet; THENCE South 89 degrees 39 minutes 23 seconds East for a distance of 8 . 24 feet; THENCE North 00 degrees 11 minutes 19 seconds East for a distance of 14 . 57 feet to the said north line of the tract described in the Shoppes At Prospect Condominiums; THENCE along the said north line, North 89 degrees 21 minutes 45 seconds West for a distance of 8 . 22 feet to the point of beginning. Containing 120 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 know!edgi& MP lief and opinion. The description is based upon previo w (L Z ;4,ied plats and deeds and not upon a actual field survey �� ° °°°"° �r E'= P P Y WALLACE C. MUSCOTT COLORADO P. L. S . 17497 17497 P. O. BOX 580 FORT COLLINS CO 80522 =' / oS E�oP� O UR U > io%F OF Col.- Obi;,~. Exhibit "E" Page 4 of 4 LOCATION SKETCH SHOPPES AT PROSPECT CONDOMINIUMS ASSOCIATION PROSPECT ROAD N 89.21'45' W 522.91' �e N 1/4 CORNER J NE CORNER 23-7-69 L5 9 23-7-69 L6FjL7 PROPOSED NPROPOSE➢SLOPE AND UTILITY ESMT.69e sD. Fr. J 10"a FOX SNOPP/NC CEN7FR SblgaHS/ON L3 100'RAILWAY ROW I Course Bearing Distance Li S 00911,19, W 30.00' L2 S 00011,19` W 190.01, L3 S 89021'45' E 3.57' L4 N 00°15'09' E 190,00, L5 N 89021'45' W 3.78' L6 S 00015109' W 14.61' L7 S 89°39'23' E 8.24' L8 N 00°11'19' E 14,57' L9 N 89°21'45' W 8,22' N THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. OCTOBER 22,� 2009 AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. K\SURV\PRCJ\TRANSERV\BRT\ROW N TS Exhibit "F" Page 1 of 3: Parcel 17—L Triple H B LP PROPERTY DESCRIPTION Slope&Utility Easement#1 A parcel of land for easement purposes,being a portion of Lot 2 of the Garth Commercial Plaza recorded June 6, 1980 in Book 2047,Page 857 as Reception No.364565 of the Records of Latimer County,situate in the Northeast Quarter(NE1/4) of Section Thirty-five (35),Township Seven North (T.7N.),Range Sixty-nine West(R.69W.),Sixth Principal Meridian (6th P.M.),City of Fort Collins,County of Latimer, State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast comer of said Section 35 and considering the North line of the Northeast Quarter of the said Section 35 as bearing North 89°43'38" West between a 2-1/2" Aluminum Cap Monument at the Northeast corner and a 3"Aluminum Cap Monument at the South Quarter comer of Section 35, based upon G.P.S. observations and the City of Fort Collins coordinate system,and with all bearings contained herein relative thereto; THENCE North 89°43'38"West along the North line of the Northeast Quarter of said Section 35 a distance of 893.13 feet to the Easterly Right of Way line of the BNSF Railway; THENCE South 01'03'52"West along the Easterly Right of Way line of the BNSF Railway a distance of 2073.90 feet to the intersection of the North line of Lot 2 of the Garth Commercial Plaza and the Easterly Right of Way line of the BNSF Railway,said intersection being the POINT OF BEGINNING; THENCE South 89°49'25"East along the North line of said Lot 2 a distance of 5.00 feet to a line parallel with and 5.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway; THENCE South Oi'03'52"West along said parallel line a distance of 111.50 feet; THENCE North 89049'25"West a distance of 5.00 feet to the Easterly Right of Way line of the BNSF Railway; THENCE North 01'03'52"East along the Easterly Right of Way line of the BNSF Railway a distance of 111.50 feet to the North line of Lot 2 of the Garth Commercial Plaza and to the POINT OF BEGINNING. Said parcel contains 558 sq.ft.,more or less H,and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. o REG�T Q EP.......... Ste hxire ehalf of King Surveyors,Inc. Color t d Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 V:@009094EASEMENTS\PR0P DESC&CLO.PARCELS 15-28\17PEI L TRIPLE H B LP 10-19-09.do Exhibit "F" Page 2 of 3, Parcel 17—L Triple H B LP PROPERTY DESCRIPTION Temporary Construction Easement#1 A parcel of land for temporary construction easement purposes,being a portion of Lot 2 of the Garth Commercial Plaza recorded June 6, 1980 in Book 2047,Page 857 as Reception No.364565 of the Records of Larimer County,situate in the Northeast Quarter(NEl/4) of Section Thirty-five (35),Township Seven North(17N.),Range Sixty-nine West (R.69W.), Sixth Principal Meridian (6th P.M.),City of Fort Collins,County of Latimer,State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast comer of said Section 35 and considering the North line of the Northeast Quarter of the said Section 35 as bearing North 89°43'38" West between a 2-1/2" Aluminum Cap Monument at the Northeast corner and a 3"Aluminum Cap Monument at the South Quarter comer of Section 35, based upon G.P.S. observations and the City of Fort Collins coordinate system,and with all bearings contained herein relative thereto; THENCE North 89143'38" West along the North line of the Northeast Quarter of said Section 35 a distance of 893.13 feet to the Easterly Right of Way line of the BNSF Railway; THENCE South 01°03'52"West along the Easterly Right of Way line of the BNSF Railway a distance of 2073.90 feet to the intersection of the North line of Lot 2 of the Garth Commercial Plaza and the Easterly Right of Way line of the BNSF Railway; THENCE South 89°49'25"East along the North line of said Lot 2 a distance of 5.00 feet to a line parallel with and 5.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway and to the POINT OF BEGINNING; THENCE South 89°49'25"East continuing along the North line of said Lot 2 a distance of 20.00 feet to a line parallel with and 25.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway THENCE South 01003'52"West along said parallel line a distance of 111.50 feet; THENCE North 89°49'25"West a distance of 20.00 feet to a line parallel with and 5.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway; THENCE North 01°03'52"East along said parallel line a distance of 111.50 feet to the North line of Lot 2 of the Garth Commercial Plaza and to the POINT OF BEGINNING. Said parcel contains 2,230 sq.ft.,more or less (±),and is subject to any rights of way or dther easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. O R&04S of 34995 Steve half of King Surveyors,Inc. Colorado d Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970) 686-5011 Vd2009094EASEMENTStPR0P DESC&CLO.PARCELS 15-28U 7TE1 L TRIPLE H B LP 10-19-09.doc Exhibit "F" Page 3 of 3 NORTHEAST CORNER NORTH QUARTER CORNER WEST HORS'ETOOTHRO.AD SECTION 35, T.7N., R.69W. SECTION 35, T.7N., R.69W. POINT OF CO)AMENCEMENT N89-43-38"W (BASIS OF BEARING) 2644.94' — � — — 893.13" — — LOTI I SOU.7HCOLWOE 3 L4 BVVE5731&VYSSL7BDIVISI0N o / n II N I j I j TEMPORARY I I I N I I SRUCONCTION EASEMENT'#2 2,309 sq.ft. P a �I I" LOTI I^I F OARTHCVAaLTRCGILPLAZA W 13I I; . P Ipl IQ LINE TABLE 1 IIIINIII IIII N- LINE NBZ II I N889EA499RIN555'G LENGTH SLOPE&UTILITY L2 Ne9.49'25 0.0FASEMENT#2 L3 589'49'25;E 5.00. 577 sq.f. L4 S89'49'2W 0 LS10?/E N89'49'25"W 20.00' POINT OF BEGINNING 1 L 1 I 1-2 1 UTILITY EASEMENT #1 AND UTILITY EASEMENT #2 f 1 POINT OF BEGINNING SLOPE Fd 1II17TT Y I TEMPORARY CONSTRUCTION I I I I EASEMENT AND TEMPORARY EASEMENT#1 ��I I I CONSTRUCTION N EASEMENT #2 558 sq.ft. I I II 1 a lol to O LOTZ v` INI �N OARTHCOM79ERCLIL PLAz4 KI v ICI 19 o = INI IN I _TEMPORARY LOTS CONSTRUCTION 6AR27 0 PLAZA I I EASEMENT## I 1151 L6 2,230 sq.f!'. ZREC NO. 98070629T O L. �1 1 NJ I' I 24'ACLISSS EAS'E'.idENT — I I 1 I REC NO. t97"77,6 fiEr,(P -----I------LOT3 ,-7---_�o . .... l i EN I CARTHCOA01ERCaLPLAZA95 i NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose Is as a •��� graphic representation to old in the visualization of Steve ehalf of King Surveyors, Inc. the written property description which it accompanies. Colorad rofessional The written property description supersedes the Land Surveyor 34995 exhibit drawing. KING SURVEYORS, INC. PROJECT NO:2009094 650 E.Garden Drive I Windsor,Colorado 80550 DATE:6/9/09CLIENT:INTERWEST phone(970)686-5011 1 f=(970)686-5821 DWG:2009094EXH-15-28 j wwm-kingsnuve9on;.anm DRAWN:CSK CHECKED:SAL I