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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2010 - FIRST READING OF ORDINANCE NO. 023, 2010, AUTHORIZ DATE: March 2, 2010 AGENDA ITEM SUM AR�Y ; STAFF: Susan Smolnik Patrick Rowe FORT COLLINS CITY COLIN IL First Reading of Ordinance No. 023, 2010, Authorizing the Conveyance of a Perpetual, Non-exclusive Easement to Larimer County Canal No. 2 Irrigating Company. EXECUTIVE SUMMARY This Ordinance authorizes the granting of an easement by the City to the Larimer County Canal No. 2 Irrigating Company. The easement will allow for the continued use of the City Ditch for irrigation flows. Similar terms have been in place for over 100 years, and will avoid disruption of the right to run those irrigation flows. BACKGROUND / DISCUSSION The City Ditch was constructed in the late 1880s and was used to convey water from the Poudre River to the old Water Works property at 2005 North Overland Trail Road. In the early 1900s the City moved its Poudre River diversion upstream into Poudre Canyon and in 1906 leased the City Ditch to the Larimer County Canal No.2 Irrigating Company for 99 years. The lease expired on April 13, 2005. Although the original lease provided for an automatic renewal of the lease for an additional 99-year term at the Irrigating Company's option,the Council's authorization at the time only authorized the lease for the initial 99 years. The Irrigating Company believes that the Irrigating Company has a right to continue operations under 99-year lease renewal. The City believes that there is no automatic lease renewal because itwas not properly authorized by the Council,even though the lease document executed by the City provides for the 99-year extension. Both parties believe that it is important to seek a permanent solution to resolve this legal question. City Council approved extensions of the lease on March 15,2005,April 4,2006, March 18,2008 and March 24,2009. City staff is now requesting that a permanent easement be granted to the company to resolve the legal dispute between the Irrigating Company and the City and to continue irrigation flows in the Ditch.The City owns approximately 65% of the shares in the Larimer County Canal No. 2 Irrigating Company. The Irrigating Company facilities convey water to Warren Lake,enabling the irrigation of several City parks and the Collindale golf course. Other users of water sources delivered through the Larimer County Canal No.2 include Hewlett Packard, Intel,the Poudre School District, and the Warren Lake homeowners. Granting an easement will allow the continued use of the City Ditch for irrigation flows on similar terms as have been in place for over 100 years, and will avoid disruption of the right to run those irrigation flows in the City Ditch. No charge is assessed for the value of the easement due to the pending legal dispute and historical circumstances and the long-standing arrangement that has existed between the City and the Company. The easement will provide a permanent solution regarding the continued delivery of water through the canal and provide mutual benefits for both parties. FINANCIAL IMPACT There is no additional cost to the City. The City will seek reimbursement from the Company for a portion of the administrative costs to the City for processing the easement. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS This ordinance will allow the Larimer County Canal No.2 to continue to operate in the same manner as it has operated for over 100 years. The Utilities has raw water delivery obligations to the City's Parks and Golf departments and to March 2, 2010 -2- ITEM 18 the Poudre School District that require the use of Larimer County Canal No. 2. Granting the easement will allow the Utilities to continue to meet these obligations. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD /COMMISSION RECOMMENDATION The City's Water Board will discuss the granting of the easement at its February 25, 2010 meeting. The recommendation from the Board and the minutes from that meeting will be provided to Council prior to the March 2nd meeting. ATTACHMENTS 1. Location map Attachment 1 Easement - Cit Ditch to Larimer County anal No . 2 Location Map _A LLLLe. `�` �jRCR OR R ' T a z + IL \i\ IC AUDL %.^ N Easement Location f February 24, 2010 EASEMENT DEED WITH TERMS AND CONDITIONS THIS EASEMENT DEED WITH TERMS AND CONDITIONS ("Deed") is made and entered into this [ ] day of[ ], 2010 (the "Effective Date"), by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("Grantor"), and Larimer County Canal No. 2 Irrigating Company ("Grantee"). 1. Grantor's Property. The District Court of Larimer County, Colorado, conveyed to Grantor on September 15, 1892, by Court Order that certain parcel of real property located in Larimer County, Colorado, recorded in the real property records of Larimer County on September 15, 1892 at Book 87, Page 556. Also, Grantor is the owner of that certain real property conveyed to Grantor by Warranty Deed on September 18, 1889, and recorded on April 30, 1891, at Reception Number 36766, Book 78, Page 490. In addition, Grantor has, by operation of law and as a result of continuous use for several decades as the location of its City Ditch improvements, obtained by adverse possession or prescription certain rights, including but not limited to the right to continue to use and occupy certain areas outside of its decreed right-of- way boundary for ditch purposes. All references herein to the "Grantor's Property" are intended to refer to any and all of such rights, to the extent the Grantor's interest therein is sufficient to authorize or permit continued use by the Grantee. 2. Grantee's System. Grantee is the owner of that certain irrigation system located in and around Larimer County, Colorado, which is commonly known as the "Larimer No. 2 Ditch". 3. Grant of Easement — Consideration. For and in consideration of the covenants and agreements herein set forth, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which Grantor acknowledges, the Grantor grants, sells and conveys to the Grantee, its successors and assigns, as is, subject to all existing rights and claims of right, and without warranty of any kind, a perpetual, non-exclusive easement (the "Easement") on, over, under and across Grantor's Property as described more fully on Exhibit A, B, C, and D, consisting of a total of eight (8) pages, each of which is attached to and made a part of this Deed (together referred to as the "Easement Area"), for use for the continued operation of the Larimer No. 2 Ditch (referred to herein as "the Ditch"), subject to the conditions and restrictions set forth below. 4. Purpose and Uses of Easement. Grantee may use the Easement to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, irrigation ditch and related improvements (the "Improvements") for use by Grantee solely for the conveyance, within the limits of the existing reasonable capacity of the Ditch, of the following water (i) diversions to the Ditch under Ditch Priority #57 with an adjudication date of April 11, 1882 and an appropriation date of April 1, 1873, now decreed for direct irrigation; (ii) water carried by Grantee by arrangement with and for the benefit of the Warren Lake Reservoir Company pursuant to existing priorities for storage as follows: (a) Ditch Priority #76 for five hundred fifty (550) acre-feet with an adjudication date of April 11, 1882 and an appropriation date of April 15, 1875; (b) Reservoir Priority #31 for one thousand five hundred forty-five (1,545) acre-feet with an adjudication date of December 9, 1904 and an appropriation date of Page 1 of 7 February 24, 2010 January 10, 1893; and (c) Reservoir Priority#100 for eight hundred eighteen (818) acre-feet with an adjudication date of April 22, 1922 and an appropriation date of July 27, 1908, totaling two thousand nine hundred thirteen (2,913) acre-feet with no right of refill; (iii) the Grantee's historical deliveries of water during the irrigation season pursuant to contractual or leased rights to water available from the Colorado-Big Thompson Project, or pursuant to exchanges listed in the Decree in Case No. W-8086-75, Water Division No. 1, entered on March 24, 1978. (iv) water historically carried for the benefit of the owner(s) of the John R. Brown Ditch pursuant to Ditch Priority #14 with an adjudication date of April 11, 1882 and an appropriation date of May 1, 1865, decreed for direct irrigation at a flow rate of three and five/tenths (3.5) cubic feet per second, except as otherwise expressly provided herein, and for access to the Improvements, on, over, under and across the Easement Area. 5. Additional Rights of Grantee. Grantor further grants to the Grantee: (a) the right of ingress to and egress from the Easement Area over and across Grantor's Property by means of any roads and lanes thereon and otherwise in a manner reasonably expected to minimize disturbance and impacts to the Grantor's Property or the improvements upon or natural features thereof; (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace the Improvements with improvements of a like number, size and nature, either in the original location or at an alternate location or locations within the Easement Area satisfactory to Grantor in its sole discretion, for the authorized purposes set forth herein, provided that Grantee must give Grantor advance notice of any change in the type, number or location of improvements and cannot proceed until Grantor has provided its written consent, which shall not be unreasonably withheld or delayed; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross the Easement Area; and (d) subject to the written consent of the Grantor, in its sole discretion, the right to arrange for the use of the Grantee's Improvements for the conveyance of irrigation flows or other water acquired by Grantee subsequent to the date of this Easement or under contract for others. 6. Grantor's Rights in Easement Area. (a) Grantor reserves the right to use the Easement Area for purposes that will not interfere with Grantee's full enjoyment of the rights granted herein, including but not limited to Grantor's right to operate or allow others to operate utility improvements within the Easement Area. (b) Grantor reserves the right to install roads, trails, paths, whether or not paved or hard-surfaced, and other types of improvements in the Easement Area and over Page 2 of 7 February 24, 2010 the Grantee's improvements subject to the written consent of Grantee, which consent shall not be unreasonably withheld or delayed. . (c) Grantor reserves the right to install permanent buildings or structures on the Easement Area subject to the written consent of Grantee, which consent shall not be unreasonably withheld or delayed. (d) Grantor reserves the right to install or utilize signs on or over the Easement Area, subject to the written consent of Grantee, which consent shall not be unreasonably withheld or delayed. (e) Grantee shall not be responsible for maintenance of improvements of Grantor, except as specifically provided herein, but shall be responsible for repair, restoration and replacement of such improvements in the event they are damaged or destroyed by Grantee or any person acting under Grantee's rights hereunder. (f) Grantor reserves the right to arrange for the use of the existing ditch or an expanded or relocated ditch for the conveyance of irrigation flows or other water owned by Grantor or under contract for others, provided that no such use of the ditch on the Easement Area shall interfere with Grantee's use and enjoyment of the rights granted hereunder. 7. Grantee's Obligations Regarding Easement Area. (a) All activities by the Grantee on the Easement Area, including access across Grantor's Property, must be carried out in a manner and on a schedule reasonably expected to minimize disturbance to the natural features of said property, any improvements thereon, and the Grantor's intended purposes therefor. (b) Grantee must maintain the Improvements used by Grantee in the Easement Area, including but not limited to the ditch channel and any structures installed in the ditch for Grantee's use, in an entirely secure, safe and sanitary condition, and repair the Improvements as necessary to ensure the Improvements do not cause injury or damage to persons or property. (c) Other than for routine inspection and maintenance, Grantee shall notify Grantor prior to performing construction, repair or other work on or within the Easement Area. In advance of any non-emergency construction work (excluding routine maintenance) Grantor shall submit a construction plan and schedule to Grantor for approval, which approval shall not be unreasonably delayed or withheld. The Grantee will need a Temporary Construction Easement from Grantor if working on any property of Grantor outside of the Easement Area. Notwithstanding these notification requirements, in cases of emergency repair, Grantee shall notify Grantor of the emergency and provide related construction plans and schedules as soon as reasonably practicable. Page 3 of 7 February 24, 2010 (d) In the event damage occurs from Grantee's use of or activities over or within the Easement Area, including but not limited to the installation, maintenance, or operation of the Improvements within the Easement Area, Grantee agrees to make such repairs or take such other action as may be necessary to restore the Easement Area and Grantor's Property to a condition comparable to their condition prior to Grantee's activities in the Easement Area, including but not limited to the reseeding and replanting of any disturbed areas in a manner reasonably satisfactory to the Grantor, and the provision of ongoing maintenance of any seeded or planted areas, correction of any subsidence, and restoration of any other improvements or conditions impacted by Grantee's activities, until such time as any such repair and restoration is fully established and stabilized. 8. As-Built Drawings. Grantee will provide Grantor with as-built drawings accurately depicting the location and nature of any Improvements constructed by Grantee within the Easement Area, no later than thirty (30) days following completion of the Improvements, and no later than thirty (30) days following a change in the type, number or location of the Improvements, as described in Section 5(b). 9. Representations of Grantor. Grantor makes no representations or warranties as to lawful ownership of Grantor's Property. 10. Recordation. Grantee will record this Deed in the records of the Larimer County Clerk and Recorder and furnish evidence of such recording to the Grantor. This Deed will not be valid until it is recorded. If this Deed has not been recorded with the Larimer County Clerk and Recorder within three (3) months of the date of execution by the Grantor, then the Easement will be null and void and have no force and effect whatsoever, and the parties will be relieved of any remaining obligations hereunder as of the date of such termination. 11. Abandonment. Should the Grantee discontinue maintaining and using the Improvements within the Easement Area for a period of five (5) years, this shall constitute an abandonment of the Easement and Grantee's rights under this Deed, and upon such abandonment all Improvements installed in the Easement Area shall continue to be or shall become the property of the Grantor. 12. Indemnity and Insurance. Grantee agrees to indemnify Grantor, its officers, agents, employees, representatives, successors and assigns from all claims and liability, including but not limited to the Grantor's reasonable legal fees and costs, including attorneys' fees, for claims made by third persons for personal injury, death or property damage resulting from or arising out of the Grantee's use of the Easement Area or other activities of Grantee on Grantor's Property, including but not limited to the construction, installation, operation, repair, and maintenance of improvements within the Easement Area, and for any actions or omissions by Grantee in violation of this Easement Deed. 13. Notices. Any notice or other communication relating to this Deed must be given by one party to the other at its respective address as set forth below, or in accordance with any change of address, which shall be recorded as an addendum to this Easement, by hand delivery; Page 4 of 7 February 24, 2010 commercial carrier; or U.S. mail. The notice or other communication will be effective on the date it is delivered or on the third business day after being sent, whichever comes first. If to Grantee: Board President Larimer County Canal No. 2 Irrigating Company 125 South Howes Street, Suite 900 Post Office Box 506 Fort Collins, CO 80522-0506 With a copy to the Registered Agent for Larimer County Canal No. 2 Irrigating Company If to Grantor: Water Resources Manager City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 700 Wood Street. Fort Collins, CO 80521 With a copy to: City Attorney's Office City of Fort Collins Mailing Address: P.O. Box 580 Fort Collins, CO 80522-0580 Hand Delivery: 300 LaPorte Avenue Fort Collins, CO 80521 14. Default, Remedies and Litigation Expenses. If a party to this Deed is in default in performance of its respective obligations hereunder, the other party has the right to an action for specific performance or damages or both. Prior to proceeding with any such action, the party not in default must first send written notice to the defaulting party specifying the default and affording such party a reasonable period to cure the default. In the event a party defaults in any of its covenants or obligations and the party not in default commences and prevails in any legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of the litigation, including a reasonable sum for attorneys' fees or similar costs of legal representation. 15. Assignment. Grantee may not assign its rights under this Deed without the prior written consent of the Grantor. Page 5 of 7 February 24, 2010 16. Additional Terms and Conditions. (a) Whenever used herein, the singular number includes the plural, the plural the singular; and the use of any gender is applicable to all genders. (b) All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto, their personal representatives, successors and assigns. (c) The parties intend and agree that this Deed is to be construed and enforced according to the laws of Colorado, that venue in any proceeding related to the subject matter of this Deed will be in Larimer County, Colorado, and that this Deed is binding upon the parties hereto, their trustees, heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantee has hereunder set its hand and seal the day and year first above written; and the Grantor has caused this Easement Deed and Agreement to be executed by its Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to Ordinance No.[ ], passed on final reading by the City Council of the City of Fort Collins on the [_] day of[ ], 2010. GRANTOR: THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Deputy City Attorney Page 6 of 7 February 24, 2010 STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 2010, by as Mayor and as City Clerk of the City of Fort Collins. Witness my hand and official seal. My Commission expires: Notary Public GRANTEE: a Date: By: STATE OF COLOR-ADO ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2010, by [as for �. Witness my hand and official seal. My Commission expires: Notary Public Page 7 of 7 ORDINANCE NO. 023, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERPETUAL,NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY WHEREAS, the City is the owner of property known as the Old Water Works property located at 2005 North Overland Trail Road, in Larimer County, Colorado; and WHEREAS,water to power the Old Water Works was originally conveyed to and across the Old Water Works property from the Cache La Poudre River through a ditch constructed by the City (the "City Ditch"); and WHEREAS, the City Ditch to the north of the Old Water Works is generally located on a parcel of real property that was acquired by the City in 1883 (the "City Ditch Property"); and WHEREAS, the Old Water Works and the City Ditch Property were or have been acquired by the City for Water Utility purposes using Water Utility revenues; and WHEREAS, on April 5, 1906, the City Council adopted a resolution which authorized the lease of the City Ditch to Larimer County Canal No. 2 Irrigating Company(the"Ditch Company") for a period of 99 years,in exchange for construction of certain improvements and maintenance and repair of the City Ditch and related structures; and WHEREAS, on April 13, 1906, the City and the Ditch Company entered into a lease agreement providing for the lease of the City Ditch, in exchange for construction of certain improvements and maintenance and repair of the City Ditch and related structures (the "Lease"); and WHEREAS,the Lease states that the Ditch Company may,at its option,renew the Lease for an additional ninety-nine year period, but this option to renew had not been approved by the City Council in the resolution authorizing the Lease; and WHEREAS, the Lease expired on April 13, 2005; and WHEREAS, on March 15, 2005, the City Council approved Resolution 2005-023, authorizing a one-year extension of the Lease to the Ditch Company; and WHEREAS,on April 4,2006,the City Council approved Resolution 2006-039,authorizing a two-year extension of the Lease to the Ditch Company; and WHEREAS, on March 18, 2008, the City Council approved Resolution 2008-032, authorizing another one-year extension of the Lease to the Ditch Company; and WHEREAS, on March 24, 2009, the City Council approved Resolution 2009-030, authorizing an additional one-year extension of the Lease to the Ditch Company; and WHEREAS, the Ditch Company has a continued need to use the City Ditch, and there is substantial value to the City in avoiding the disruption of irrigation flows that would result if the City Ditch were not available to convey said flows; and WHEREAS, in order to establish an ongoing arrangement for the continued use of the City Ditch by the Ditch Company and to resolve the dispute and disagreement between the City and the Ditch Company regarding the extent of the authorization for such use, City staff and the Ditch Company have negotiated the terms of a perpetual, non-exclusive easement (the "Easement") for the use of the Ditch Company for conveyance of Larimer County Canal No. 2 irrigation flows over that certain area more specifically described in Exhibits A through D, attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, in order to protect the City's interests and define the scope and terms and conditions governing the use of the Easement Area, City staff has negotiated with the Ditch Company the Easement Deed with Terms and Conditions,a copy of which,dated February 24,2010, is on file in the Office of the City Clerk and available for public inspection(the"Easement Deed"), which Easement Deed is incorporated herein by this reference; and WHEREAS,City staff has identified no negative impacts to the City resulting from the grant of the Easement; and WHEREAS, City staff is recommending that the Ditch Company not be charged for the Easement because of the City's desire to resolve the disagreement with the Ditch Company regarding the extent and term of the Lease, and because of the City's interest in facilitating the continuation of the current configuration of the Larimer County Canal No. 2 irrigation facilities and arrangements; 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 a City Utility,provided the Council first finds by ordinance that such sale or other disposition will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens of the City will be for the benefit of the City's citizens and 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 Easement to the Ditch Company over the Easement Area as described herein and in the Easement Deed will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens of the City will be for the benefit of the City's citizens and in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the Ditch Company on terms and conditions consistent -2- substantially similar to those set forth in the Easement Deed and consistent with this Ordinance, together with such additional terms and conditions or subsequent amendments or corrections as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the easement, as long as such changes do not materially increase the size or change the character of the easement. Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2010, and to be presented for final passage on the 16th day of March, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of March, A.D. 2010. Mayor ATTEST: City Clerk -3- y Stantu Corsultin Inc — -- 209 South Md6w Street Fort Collins CO 80521-2603 Tell: (970) 4U-5922 Fax: (970) 02,636s stmftc.com 1 stante'C EXHIBIT A I DESCRIPTION A parcel of land located in the Northwest Quarter of the Southeast Quarter of Section 32, Township 8 North, Range 69 West of the 61h Principal Meridian, County of Larimer, State of' Cotorado, being more particularly described as follows: Considering the North line of said Southeast Quarter of Section 32 being monumented at the West end by a 3 " aluminum cap in a range box stamped LS 20123 dated 1989 and at the East end by a 3 " aluminurn cap in a range box stamped LS 20123 dated 1989, as bearing South 89 ° 10 ' 03 " East and with all bearings herein relative thereto. COM1yIENCING at the Center Quarter of said Section 32, Thence South 89010 '03 " East a distance of 89.74 feet to the Point of Beginning of a 50 foot wide strip of land the centerline of which is described as follows : Thence South 0298 ' 56" East a distance of 67.05 feet; Thence South 14°22 ' 37" East a distance of 99.47 feet; Thence South 03° 11 ' l5 " East a distance of 71 . 19 feet; Thence South 14°12 '27" East a distance of 162.73 feet; Thence South 26'05 ' 14" East a distance of 190. 58 feet; Thence South 33 ' 14 ' 09" East a distance of 261 . 13 feet; Thence South 22 °45 ' 21 " East a distance of 71 . 67 feet; Thence South 04°49 '34" East a distance of 102.37 feet; Thence South 04 °09 ' 28" East a distance of 84. 31 feet; Thence South 32°41 ' 54" East a distance of 15 .22 feet; Thence South 65 °55 ' 12 " East a distance of 33 .68 feet to the POINT OF TERMINUS , with sidelines prolonged or shortened to meet the Northerly property line of parcel described at reception number 0000780490 at the Larimer County Clerk and Recorder Office, and being parallel with the above described centerline, PAGE 1 OF 2 Stantec The above described tract contains 1 .36 acres , more or less, and is subject to all easemc is of way of record or existing, %OVA : a 'ro : o 04 S`�1. A" MWWM g 0 L1A David L. nson Colorado Professional Land Surveyor Registration Number 36070 VA5287I ilnctivell 87110080`surveylexhibitTXHB-A -NORTHDITC14.doc javJdls April4, 2007 PAGE20F2 : LL B - - | — y ^ 2 § t \ § 2 ) i ` §� ' C-4 co tL \\_ P\ § § � b R \ to 2 ■ \ R m Ld m 0 e / . /N § § § |§ z o %K »w ) § § (L § | i o into G $ M . e m b § < + / ! E lilt \ § k < kJ\ ■ / � � 0 w ow b E) W \ z SUS Owl , & < | ` 2 \ \ | 2 IM < LLJ § . ZR § � # f4 W QM g ' W / §� at & 2 « IL § �W z �. � uL� « E ° L) z10 \� / M � /§ \ to \ z L k � \ \ k � 3 \� } � $ § ! & mzz ) A 7 0 3 W � $ ¥ ` - - e z \ F % 2 ; §Q o § mow ( / fR } / Ej ° § ` < umm ■ eke � �# � | p § 6 ƒ � tv : lG § // a 7 d £ J ■ .10 #ƒ /?� / / $ { § Staikn Comuhing Inc 209 Sauth Maldrum Street Fort Collins CO 60521-2603 Tel: (970) 482-5922 Fax: (970) 482-6368 stantec,mn Stantec EXHIBIT B DESCRIPTION A tract of land located in the Northwest Quarter of the Southeast Quarter of Section 32, Township 8 North, Range 69 West of the 0 Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows . Considering the North line of said Southeast Quarter of Section 32 being monumented at the West end by a 3 " aluminum, cap in a range box stamped LS 20123 dated 1989 and at the East end by a 3" aluminum cap in a range box stamped LS 20123 dated 1989, as bearing South 89°10' 03 " East and with all bearings herein relative thereto. COMMENCING at the Center Quarter of said Section 32, Thence South 24°05 '55" East a distance of 1177. 77 feet to the POINT OF BEGINNING; Thence South 70°56 '09" East a distance of 41 .48feet; Thence North 19°03 '51 " East a distance of 10.03 feet; Thence South 70°56 '09" East a distance of 50. 53 feet; Thence South 24'03 ' 18" West a distance of 36 .01 feet; Thence North 70° 56' 09" West a distance of 47.61 feet; Thence North 19'03 ' 51 " East a distance o£ 5. 96 feet; Thence North 70'56 ' 09" West a distance of43 .00 feet; Thence North 24°04 ' 48 " Bast a distance of 19. 96 feet to the POINT OF BEGINNING. The above described tract contains 2,600 square feet, more or less, and is subject to all easeme n is of way of record or existing. P ,••• ¢ VO,`O`'• •'•y 6070 : rt A : S0 1�6y'4ry s'°7eM•Ai LAN° David Ison Colorado Professional Land Surveyor Registration Number 36070 V:152871 flactive11871100801survcylexhibit\EXHt3-A-NORTI-IDITCH.doc javldls April 4, 2007 LICC CL O z go 9 a � a � " W z U v n a W U O � � xis N 4 S P) gg 1' nmM R Q uri g qW ny WNW � K1 i- + _ mVS .. . ° xyo w w co � � w r1 LL. o w of t a LU y w z � Q 10 40e M nOQ € 64 � �— W UD yn cn O ^ iq toc R w I�► 41. N N Q N] p u ¢ tal too z^ 1� Q r to OF q1 gg C7 Z„� fn in . p •-+ $' - ° any5 se RN F- 40 a a LU w W z cc w LL " o z in io 14 F- z O , . io 0 z o pw a� IL M O "] S p Pi � V z rn w � blrqq qq ' zr.� t�CN 00 a c� N U Z Q a J C� r , i 5lantec Consuitirtg Inc '-- 209 South Meldrum Street Fort Collins CO 60521,2603 Tel: (970) 402,5922 Fax: (910) 482-630 stantecocom Rdnwc EXHIBIT C DESCRIPTION A parcel of land located in the Northwest Quarter of the Southeast Quarter of Section 32, Township 8 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, being more particularly described as follows : Considering the North line of said Southeast Qnarter of Section 32 being monumented at the West end by a 3 " aluminum cap in a range box stamped LS 20123 dated 1989 and at the East end by a 3 " aluminum cap in a range box stamped LS 20123 dated 1989, as bearing, South 89010 ' 03" East and with all bearings herein relative thereto . COMMENCING at the Center Quarter of said Section 32, Thence South 26°40 '47" East a distance of 1250a47 feet to the Point of Beginning of a 50 foot wide strip of land the centerline of which is described as follows: South 65 °56 '42" East a distance of 17 .26 feet; Thence South 35°08 ' I4" East a distance of 171 .27 feet; Thence South 00°46'24" West a distance of 53. 05 feet; Thence South 45 °37 ' 54" East a distance of 23 .89 feet to the POINT OF TERMINUS, with sidelines prolonged or shortened to meet the Southerly property line of parcel described at reception number 0000780490 at the Larimer County Clerk and Recorder Office, and being parallel with the above described centerline. The above de cribe et con ains 0.305 acres, more or less, and is subject to all easeme of record or existing, v ; i -two rot 96Q90 : O 77 : ssOt0NAL tANo David L. Swanson Colorado Professional Land Surveyor Registration Number 36070 V_W871 Nctive11 87 1100 8 01surveylexhibitlEXHB-A-NORTHD ITCH.doc jav/dIs April A, 2007 1 d LCO8, 0 OD QA 0QA g a � � 3 Q 0 o z �.atxc 'za {g r] OO L) � mN O g� 5N OW QLL Wf/1Wx1� 1' J W Q (x U CL ca + W o u� V) f �- � v � � mQ I � u F a x ,� 3 WM tV � CO Z Q W ;r O w �{ Ln M 2 fun o W ~jo W W uP7 n c q N yy LLJ CO N N yp rpQ c ILL a Q W Itprp�� FF ;'. _ (o ate . ,- OmZM ( � tn VAR Rtly �" CL _ d 3P• F � k a Of tie eg P .Q@a�` W z n Pe ° I jFAN w r © z 16t z z 0 m w r ro , o � r � c"'v oLLI N O IL C.7z6q d i * SF /i i L BIT DESCRIPTION OF A PORTION OF THE CITY DITCH ( WATER WORKS CANAL ) A tract of land located in the North Half of Section 32 Township 8 North Range 69 West of the Sixth Principal Meridian , Larimer County , Colorado , the said tract is 40 . 00 feet on the northeasterly side of the following described centerline and 30 . 00 feet on the southwesterly side of the following described centerline ; Commencing at the intersection of the existing centerline of the City Ditch ( Water Works Canal ) with the south line of the said north half of Section 32 , the said intersection is also the TRUE POINT OF BEGINNING of this description ; THENCE in a northwesterly direction along the said existing centerline to the point of intersection with the north line of the Northwest Quarter of the said Section 32 and to the terminus of the said centerline . 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 1 of 1