HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/2010 - FIRST READING OF ORDINANCE NO. 070, 2010, VACATING DATE: June 1, 2010
STAFF: Susan Joy • • •
First Reading of Ordinance No.070,2010,Vacating a Portion of Right-of-way as Dedicated on the Plat Richard's Lake
PUD, Filing One.
EXECUTIVE SUMMARY
This site is located south of Douglas Road and west of Turnberry Lane. Prior development proposals dedicated street
networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. A Planning and Zoning Board hearing
was held on January 18, 2007, for a development proposal entitled Water's Edge that shows a different street layout
than was originally platted. Therefore, a portion of the previously dedicated right-of-way for the streets is no longer
necessary and is proposed for vacation at this time. The right-of-way vacation on Hearthfire PUD, First Filing is
proposed under a separate ordinance.
BACKGROUND / DISCUSSION
Richard's Lake PUD, Filing One was approved in 2001 and several of the phases of the project were built, but the
public infrastructure for the area for which the vacation is proposed was not constructed within the three-year vested
period. Thus any remaining development for the site needed to be resubmitted and approved in accordance with
current codes and standards. Water's Edge is the development proposal that was submitted for this area and the
proposed layout requires a portion of the existing rights-of-way to be vacated to accommodate the new layout.
This vacation is the first step in making it possible for the property to be replatted. At the time that the replat is
approved, the easements for access/utilities, etc. will be vacated by the planning hearing authority (Planning and
Zoning Board or Hearing Officer) and new rights-of-way will be dedicated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH
All public and private utilities have been notified of the proposed vacation and they report no objections, provided
portions of the areas proposed to be vacated are retained as emergency access, access, drainage and utility
easements.
ATTACHMENTS
1. Location map
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Right-of-Way Vacation
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Area of vacation
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Right- ofmWay Vacation
in Richard 's Lake PUD , Filing one
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May 14 , 2010
ORDINANCE NO. 070, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED
ON THE PLAT RICHARD'S LAKE PUD, FILING ONE
WHEREAS, the plat of Richard's Lake PUD, Filing One included dedication to the
public of right-of-way for Moonlight Court, Moonlight Drive, Morningstar Way, Waxwing
Lane, Waterside Way, Charter Place, Brightwater Drive, Parkside Drive, Spyglass Court, and
Fleet Drive; and
WHEREAS, the Planning and Zoning Board has considered an application for approval
of a project development plan (PDP) for a project entitled "Water's Edge," which PDP plan
replats said property and rights-of-way; and
WHEREAS, the approval of Water's Edge necessitates the vacation of certain portions of
the original rights-of-way that were dedicated on the plat of Richard's Lake PUD, Filing One,
which portions are more particularly described on Exhibit "A", attached hereto and incorporated
herein by this reference; and
WHEREAS, the replatting of the land for the Water's Edge PDP cannot proceed until the
existing rights-of-way have been vacated by the City Council; and
WHEREAS, upon approval of the replat, the approving authority under the Land Use
Code will vacate all easements not needed for the future development of Water's Edge; and
WHEREAS, the portions of the rights-of-way to be vacated by this ordinance are no
longer necessary or desirable for street purposes due to the approval of Water's Edge which does
not use the same street layout as Richard's Lake PUD, Filing One; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and have reported no objection to the proposed vacation, as long as easements for drainage,
utility, and access purposes, including emergency access, are reserved to the City; and
WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced
or injured by the vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the portions of street right-of-way more particularly described on Exhibit
"A" are hereby vacated, abated and abolished, reserving to the City the property described on
Exhibits "B" and "C," attached hereto and incorporated herein by this reference, as access
easements including, without limitation, emergency access, and also reserving to the City the
property described on Exhibit "D," attached hereto and incorporated herein by this reference, as
drainage and utility easements.
Introduced, considered favorably on first reading, and ordered published this 1st day of
June, A.D. 2010, and to be presented for final passage on the 15th day of June, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of June, A.D. 2010.
Mayor
ATTEST:
City Clerk
EXHIBIT A
Description of Parcel
Portions of the Rights of Way of Brightwater Drive, Charter Place, Fleet Drive, Moonlight
Court, Moonlight Drive, Morningstar Way, Parkside Drive, Spyglass Court, Waterside Way and
Waxwing Lane dedicated by Richard's lake PUD, Filing One as described under reception
number 20010023344 of the Larimer County records and lying in the South Half of Section 30
Township 8 North, Range 68 West, of the Sixth Principal Meridian, City of Fort Collins, County
of Larimer, State of Colorado,being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 30, as bearing
North 00°28'06"East and with all bearing herein relative thereto.
Brightwater Lane:
All of Brightwater Lane lying northerly of the following described line
COMMENCING at the East Quarter Corner of said Section 30; Thence South 66°06'44" West,
a distance of 2,409.44 feet to a point of tangency on the Easterly right of way line of said
Brightwater Lane and the POINT OF BEGINNING; Thence North 59°21'36"West, a distance
of 76.00 feet to point of tangency on the Westerly right of way line of said Brightwater Lane and
the POINT OF TERMINUS.
Charter Place:
All of Charter Place lying northerly of the Northerly right of way line of Waterside Way and
being adjacent to Lot 134, Lots 124 through 126 Inclusive, Lots 104 through 107 inclusive, Tract
0, Lots 108 through 110, inclusive, Lot 123, and Lots 119 through 121 inclusive, said Richard's
Lake PUD, Filing One.
Fleet Drive:
All of Fleet Drive lying northerly of the following described line
COMMENCING at the East Quarter Corner of said Section 30; Thence South 34'0 P28" West,
a distance of 2,008.66 feet to a point of curve return on the Easterly right of way line of said
Fleet Drive and the POINT OF BEGINNING; Thence South 70°56'45" West, a distance of
57.00 feet to point of curve return on the Westerly right of way line of said Fleet Drive and the
POINT OF TERMINUS.
Moonlight Court:
All of Moonlight Court lying westerly of the Westerly right of way line of Moonlight Drive and
being adjacent to Lots 86 through 95 inclusive, said Richard's Lake PUD, Filing One.
Moonlight Drive:
All of Moonlight Drive lying Southerly of the Southerly right of way line of Morningstar Way
and being.adjacent to Lots 74, 75, 85, 86, and 95, Tract P, Tract O, Lots 96 through 101
inclusive, and Tract M, said Richard's Lake PUD,Filing One.
Sheet 1 of 3
Morningstar Way:
All of Morningstar Way lying Northerly of the Tracts O, P and U, said Richard's Lake PUD,
Filing One.
Parkside Drive:
All of Parkside Drive lying northerly of the following described line
COMMENCING at the East Quarter Corner of said Section 30; Thence South 53°20'42" West,
a distance of 1,968.91 feet to a point of curvature on the Easterly right of way line of said
Parkside Drive and the POINT OF BEGINNING; Thence North 70°47'03"West, a distance of
57.00 feet to point of curvature on the Westerly right of way line of said Parkside Drive and the
POINT OF TERMINUS.
Spyglass Court:
All of Spyglass Court lying westerly of the Westerly right of way line of Morningstar Drive and
being adjacent to Lots 35 through 42 inclusive, Tract G,Lots 43 through 45 inclusive,Tract K,
and Lots 46 through 52 inclusive, said Richard's Lake PUD,Filing One
Waterside Way:
All of Waterside Way lying westerly of the Westerly right of way line of Morningstar Drive and
being adjacent to Lots 53 through 57 inclusive, Tract K,Lots 58 through 63 inclusive,Tract L,
Lots 64 and 65, Tract T, Lots 66 through 70 inclusive,Tract S, Lots 71 through 74 inclusive,
Tract M,Lots 129 through 134 inclusive, and Lots 117 through 119 inclusive, said Richard's
lake PUD, Filing One
Waxwing Lane:
All of Waxwing Lane lying westerly of the Westerly right of way line of Morningstar Drive and
being adjacent to Lots 122, 123, 124, 127 and 128, Tract M, Lots 75, 76 and 77,Tract S, Lots 78,
79 and 80,Tract S, Tract N, Lots 81 through 85 inclusive, Lots 101 through 104 inclusive, and
Lots 110 through 113 inclusive, said Richard's Lake PUD,Filing One
The above described rights of way contains an approximate calculated area of 375,303 square
feet or 8.615 acres, more or less and is subject to all easements and rights of way on record or
existing.
Representation attached hereto and incorporated herein by reference.
Alan Warner
Colorado Professional Land Surveyor Registration Number 28668
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Exhibit A Sheet 2 of 3
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EXHIBIT B
Description of Parcel
Portions of the Rights of Way of Brightwater Drive and Morningstar Way dedicated by
Richard's lake PUD, Filing One as described under reception number 20010023344 of the
Larimer.County records and lying in the South Half of Section 30 Township 8 North,Range 68
West, of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of
Colorado,being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 30, as bearing
North 00°28'06" East and with all bearing herein relative thereto.
COMMENCING at the East Quarter Comer of said Section 30; Thence South 66°06'44" West,
a distance of 2,409.44 feet to a point of tangency on the Easterly right of way line of said
Brightwater Drive and the POINT OF BEGINNING;
Thence North 59°21'36"West, a distance of 76.00 feet to the westerly Right of Way line of said
Brightwater Drive;
Thence along the existing right of way lines of said Brightwater Drive and Morningstar Way,the
following four(4)courses and distances:
1. North 30038'24"East, a distance of 108.61 feet;
2. Along the arc of a tangent curve to the left having a radius of 15.00 feet, a central angle
of 84°11'48"and an arc length of 22.04 feet;
3. Along the are of a compound curve to the right having a radius of 660.93 feet,a central
angle of 01'18'21"and an are length of 15.06 feet to a point of tangency;
4. North 52015'03"West, a distance of 848.40 feet to the southeasterly boundary line of
Hearthfire P.U.D., First Filing as described under reception number 97085048 of the
Larimer County records;
Thence along the southeasterly boundary line of said Hcarthfire P.U.D.,First Filing, the
following two(2)courses and distances:
1. Along the are of a non-tangent curve to the left having a radius of 480.00 feet, a central
angle of 01°32'54"and an arc length of 12.97 feet,the chord of which bears
North 09*38'19"East, a distance of 12.97 feet;
2. North 40°36'53"East, a distance of 64.64 feet to the northerly Right of Way Line of said
Morningstar Way;
Thence along the northerly Right of Way Line of said Morningstar Way the following two(2)
courses and distances:
1. South 52'15'03"East, a distance of 851.28 feet;
2. Along the are of a tangent curve to the left having a radius of 584.93 feet, a central angle
of 9°19'44"and an arc length of 95.24 feet;
Sheet 1 of 3
I
Thence along the easterly Right of Way Line of said Brightwater Drive and the northerly
extension thereof, South 30°38'24"West, a distance of 196.58 to the Point of Beginning.
The above described easement contains an approximate calculated area of 81,610 square feet
or 1.874 acres,more or less and is subject to all easements and rights of way on record or
existing.
Representation attached hereto and incorporated herein by reference.
O LICFy
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Alan Warner /p ...
Colorado Professional Land Surveyor
Registration Number 28668
for and on behalf of
Stantec Consulting Services Inc.
303-758-4058
1
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Exhibit B, Sheet 2 of 3
EXHIBIT B
PROPERTY DESCRIPTION
LOCATED IN THE SW 1/4, SEC. 30, T. 8 N., R. 68 W.,6TH PM
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
69 70 HEARTHFIRE P.U.D.
i8 FIRST FILING C3 L4
80
67 71
79
81
i6 72 78 90 91
82
69 92
i5 73 77 83 0
88 Lij
93
76
4 74 84 87 94 a
75 B z S
B6 :D
- RICHARD'S LAKE PUD 95
FILING ONE
J J
TRACT M 101
100 99
98 97 96
129 102
128
' 130 103 105 106
107
LINE TABLE 104 EASEMENT
LINE BEARING DISTANCE B1,610 S.F.
L7 N59'21'36"W 76.00' 1.874 AC
L2 N30'38'24"E 108.61'
L3 N52'15'03"W 848.40' 110 10B
L4 N40'36'53"E 64.64' 109
L5 S52'15'03"E 851.28'
L6 S30'38'24'W 196.58' 114
123 112 111 C2
CURVE TABLE 13 . L C7 '
CHORD
CURVE DELTA RADIUS LENGTH BEARING DISTANCE
C1 64'11'48" 15.00' 22.04' N11.27'30"w 20.1V J
C2 1'18'21" 660.93' 15.06' S52-5414"E 15.06, L6
C3 1'3 'S4" 480.00' 12.97' N09'38'19"E 1 .97'
C4 9'19'44" 584,93' 95.24' 556'5455" 95.13'
POINT OF BEGINNING
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EXH I BIT C
Description of Parcel
Portions of the Right of Way of Waxwing Lane dedicated by Richard's Lake PUD,Filing One as
described under reception number 20010023344 of the Larimer County records and lying in the
South Half of Section 30 Township 8 North, Range 68 West, of the Sixth Principal Meridian,
City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as
follows:
Considering the East line of the Southeast Quarter of said Section 30, as bearing
North 00°28'06"East and with all bearings herein relative thereto.
COMMENCING at the East Quarter Corner of said Section 30; Thence South 78'30'41"West,a
distance of 3,235.98 feet to the intersection of the northerly right of way line of said Waxwing
Lane and the exterior boundary of said Richard's Lake PUD,Filing One,said point being the
POINT OF BEGINNING;
Thence along said northerly right of way line, along the arc of a curve to the right having a radius
of 268.50 feet, a central angle of 21°04'43"and an arc length of 98.78 feet, the chord of which
bears South 55°40'28"East, a distance of 98.22 feet;
Thence South 44°51'53"West,a distance of 57.00 feet to the southerly right of way line of said .
Waxwing Lane;
Thence along the southerly right of way line, along the arc of a non-tangent curve to the left
having a radius of 211.50 feet, a central angle of 43°46'27"and an are length of 161.59 feet,the
chord of which bears North 67°11'20"West,a distance of 157.69 feet to the exterior boundary of
Hearthfrre P.U.D.,First Filing as described under Reception Number 97085048 of the Larimer
County records;
Thence along the exterior boundary of said Hearthfire P.U.D.,First Filing,along the are of a
non-tangent curve to the left having a radius of 480.00 feet,a central angle of 13°07'42"and an
arc length of 109.98 feet,the chord of which bears North 71°49'30"East, a distance of 109.74
feet to the POINT OF BEGINNING.
The above described easement contains an approximate calculated area of 6,898 square feet
or 0.158 acres, more or less and is subject to all easements and rights of way on record or
existing.
Representation attached hereto and incorporated herein by reference.
DO�Ic
Alan Warner O : W• •'y �
Colorado Professional Land Surveyor ';Q
Registration Number 28668
for and on behalf of : �S�(1 f 1�`
Stantec Consulting Services Inc. c�,`•, /
303-758-4058 • '
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Sheet 1 of 2
EXHIBIT C
PROPERTY DESCRIPTION
LOCATED IN THE SW 1/4. SEC. 30, T..8 N., R. 68 W., 6TH PM
_ CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
69 70 HEARTHFIRE P.U.D.
i8 c2 FIRST FILING
80 �', POINT OF
67 71 BEGINNING
79
81
s6 72 78 L1 90 91
82EASEMENT s2
6,898 S.F.
73 77 83 0.160 AC
i5 88 93
76 84
4 74 B 94
75 85
86 95
RICHARD'S LAKE PUD o
FILING ONE 100 99 se 7 ss
129 102 J
d
128
130 103 105 106
1
.127 104
131
124
132 108
110
LINE TABLE 109
LINE BEARING DISTANCE
L1 S44'5VS3"W 1 57.00' 114
123 112 111
CURVE TABLE 13
CHORD
CURVE DELTA RADIUS LENGTH BEARING DISTANCE
C1 21'04'43" 268.50' 98.78' S55'40'28"E 98.22'
C2 43'46'27" 211.50' 161.59' N67'01'20"W 157.69'
C3 13'07'42" 480.00' 109.98' N7149'30"E 109.74'
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EXHIBIT D
Description of Parcel
Portions of the Rights of Way of Moonlight Drive, Morningstar Way, Waxwing Lane and
Waterside Way dedicated by Richard's Lake PUD, Filing One as described under reception
number 20010023344 of the Larimer County records and lying in the South Half of Section 30
Township 8 North,Range 68 West, of the Sixth Principal Meridian, City of Fort Collins,County
of Larimer, State of Colorado,being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 30,as bearing
North 00°28'06"East and with all bearings herein relative thereto.
COMMENCING at the East Quarter Corner of said Section 30;Thence South 85°19'34"West,
a distance of 2,865.21 feet to the intersection of the northerly right of way line of said
Morningstar Way and the exterior boundary of said Richard's Lake PUD,Filing One said point
also being the POINT OF BEGINNING;
Thence along said Right of Way lines the following nine(9)courses and distances:
1. South 52°15'03"East,a distance of441.38 feet;
2. South 38°11'46"West,a distance of 192.90 feet;
3. Along the arc of a tangent curve to the right having a radius of 1OZ5.50 feet, a central
angle of 06°40'07"and an arc length of 119.36 feet;
4. South 44°51'53"West, a distance of 564.91 feet;
5. North 45°08'07"West,a distance of 51.00 feet;
6. North 44°51'53"East, a distance of 258.50 feet;
7. Along the arc of a tangent curve to the left having a radius of 9.50 feet, a central angle
of 90°00'00"and an are length of 14.92 feet;
8. North 45°08'07"West,a distance of 243.88 feet;
9. Along the are of a tangent curve to the left having a radius of 211.50 feet,a central angle
of 43°46'27"and an arc length of 161.59 feet to the exterior boundary of Hearthfire
P.U.D., First Filing as described under Reception Number 97085048 of the Larimer
County records;
Thence along the exterior boundary of said Hearthfire P.U.D.,First Filing, along the are of a
non-tangent curve to the left having a radius of 480.00 feet,a central angle of 13'07'42" and an
arc length of 109.98 feet to a point of tangency,the chord of which bears North 71°49'30"East,
a distance of 109.74 feet.
Thence continuing along said Right of Way lines the following eight(8)courses and distances:
1. Along the arc of a non-tangent curve to the right having a radius of 268.50 feet, a central
angle of 21°04'43"and an arc length of 98.78 feet, the chord of which bears
South 55°40'28"East,a distance of 98.22 feet;
2. South 45'08'07"East, a distance of 243.88 feet;
3. Along the arc of a tangent curve to the left having a radius of 9.50 feet, a central angle
of 90°00'00"and an arc length of 14.92 feet;
4. North 44°51'53"East,a distance of230.41 feet;
Sheet 1 of 3
5. Along the arc of a tangent curve to the left having a radius of 974.50 feet, a central angle
of 06°40'07"and an arc length of 113.42 feet;
6. North 38'11'46"East, a distance of 101.38 feet;
7. Along the arc of a tangent curve to the left having a radius of 15.00 feet, a central angle
of 90°26'49"and an arc length of 23.68 feet;
8. North 52'15'03"West, a distance of 371.79 feet to the southeasterly boundary line of
Hearthfire P.U.D.,First Filing as described under reception number 97085048 of the
Larimer County records;
Thence along the southeasterly boundary line of said Hearthfire P.U.D.,First Filing,the
following two (2)courses and distances:
1. Along the arc of a non-tangent curve to the left having a radius of 480.00 feet,a central
angle of 01°32'54" and an arc length of 12.97 feet, the chord of which bears
North 09°38'19"East, a distance of 12.97 feet;
2. North 40°36'53"East, a distance of 64.64 feet to the POINT OF BEGINNING.
The above described easement contains an approximate calculated area of 95,755 square feet or
2.198 acres,more or less and is subject to all easements and rights of way on record or existing.
Representation attached hereto and incorporated herein by reference.
�p0 Lic
l
O
10
Alan Warner
Colorado Professional Land Surveyor
Registration Number 28668
for and on behalf of
Stantec Consulting Services Inc.
303-7584058
V:\528711)active1I87010190\survey\legals\10190v-ex-ESMT-UE-0l.doc May 11,2010
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Exhibit D, Sheet 2 of 3
EXHIBIT D
PROPERTY DESCRIPTION
LOCATED IN THE SW 114, SEC. 30, T. 8 N., R.68 W., 6TH PM
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
69 70 HEARTHFIRE P.U.D.
38 Cg FIRST FILING 91-11
80
67 71 n POINT OF
79 �' BEGINNING
81
36 72 78 90 91
82
89 92 O
J
i5 73 77( J 83 89 93 J Ld
H
76 84 Q
4 74 87 94 0_
L5 75 C2 85 Z)
J Cg L8.86 C795 CS
EASEMENT
L3 95,755 S.F.
RICHARD'S LAKE PUD 2.200 AC
FILING ONE too Cl L2
LINE TABLE 99 98 97 96
LINE BEARING DISTANCE 102
L7 S52'15'0 "E 1 441.38'
L2 S38"11'46"W 192.90' 106
L3 S44'51'53"W 564.91' 103 105
L4 N4 'O8'07"W 51.00' 107
L5 N44'51'53" 258.50' 104
L6 N45'08'07"W 243.88'
L7 45'08'07"E 243.88'
L8 N44'51'53"E 236.41'
L9 N3811'46"E 101.38' 110 108
L1O N52115'031,W 371.79' 109
L11 N40'36'53"E 64.64' /�
CURVE TABLE N
CHORD 112 111
CURVE DELTA RADIUS LENGTH BEARING DISTANCE m
Cl 6'40'07" 7025.50' 119.36' 1
Ll
N41'31'50"E 119.29' 3 N
C2 90-00'00" 9,50' 14.92' N00'08'07"W 13.41V N>
C3 43-46'27" 211.50' 161.59- N67-01'20"W 157.69'
C4 13*07*42" 480.00' 1 99.98' N71-49'30"E 109. 4'
C5 21-04'43" 26 .50' 98.78' S55'40'28"E 98.22'
C6 g000'00" 9.50' 14.92' NB9'S1'S3"E 13.44'
C7 6'40'07" 974.50' 113.42' N41'31'S0"E 113.36'
C8 90'26'49" 15. 0' 23.68' N07'01'38"W 21.30'
C9 132'54" 1 480.00' 12.97' N09'38'19" 12.97'
pD0 L/�
�4 ,.••..,Pips POINT OF
•��pN AR*,*- & COMMENCEMENT
( u� E 1/4 COR., SEC. 30
0 150, 225' 300' 6 8 o
t'=150' cl w.05/11/10; L OF
THIS REPRESENTATION DOES NOT REPRESENT `f�•.••"••• �v �k-
A MONUMENTED LAND SURVEY. IT IS INTENDED DNA( LANO '\, 0�
ONLY TO DEPICT THE ATTACHED DESCRIPTION.
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. EXHIBIT
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