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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/15/2011 - FIRST READING OF ORDINANCE NO. 039, 2011, AUTHORIZ DATE: March 15, 2011 SUMMARYAGENDA ITEM STAFF: Patrick Rowe, Terry Tyrell _ T COLLINS CITY COUNCIL Helen Matson First Reading of Ordinance No. 039, 2011, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase IV. EXECUTIVE SUMMARY Right-of-way acquisition continues for the Mason Express Bus Rapid Transit Project(the BRT Project). City Council, in prior ordinances, has authorized previous phases(Phase I, II, III, and III-A)of acquisition work, which account for approximately 70%of the necessary real estate interests for the Project. The remaining 30%(approximate)has been on hold, waiting for the design to progress. This Ordinance pertains to the next acquisition phase (Phase IV) of the BRT Project and is comprised of seven (7) separate properties ready for the acquisition stage. (For areas of the Project that still require further design, at least one additional phase will be required). The City Council authorization specified by this Ordinance begins the first step of the City's acquisition process for the property interests within this phase. 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 of the required property interests is necessary. Therefore, City 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 will extend 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/redevelopment driver. The City is presently targeting a December 2013 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"BSN F")property;however,overall project right-of-way will consist of a combination of property owned by the BNSF, Colorado State University, private land owners, and the City. At present, in addition to the BNSF, Colorado State University, the Colorado State University Research Foundation, and several ditch companies, the project will involve property acquisition from approximately forty-two (42) 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 numberof locations to accommodate stations,and otherancillary 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 five phases,with the potential for additional phases as needed. Phase IV, and the subject of this Agenda Item, consists of seven distinct property ownerships (see attached location map). The remaining property ownerships will be presented later. March 15, 2011 -2- ITEM 15 In addition to hosting a number of public forums on various aspects of the project, City staff has had initial communications with all the property owners along the corridor. Additionally, staff has had property specific communications with the seven ownerships in Phase IV,which includes notification by certified mail of staffs intention to request authorization to use eminent domain, if necessary, to acquire project property interests. In all communications staff strongly emphasizes the City's desire to cooperatively work towards achieving a voluntary agreement. To ensure the integrity of the project schedule, maintain certain project efficiencies, and to remain a viable Federal Transit Administration funded project, it is critical that the City have the ability to acquire the property interests in a timely manner. In addition, since this is a federally funded project, 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/ ECONOMIC IMPACTS Property acquisition costs will be covered by available project funds, whether or not eminent domain is required. ENVIRONMENTAL IMPACTS Due to federal funding requirements (under the National Environmental Policy Act), the City has prepared an environmental assessment to analyze the project's social, economic, and environmental impacts. This report is available from the Engineering Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH Individual property owner meetings have occurred within the last month with all seven property owners for this acquisition phase. ATTACHMENTS 1. Location map Attachment 1 Mason Corridor Phase IV Acquisitions Location Map IL _ One 1 , Lb eeeK► N erg c ` �—r 1 1 �=1L+�-ice J;a ,�•, ¢ � +?I jy z y A , tiyl,ti r W TRO TM N P Y l sti 1.1_ !ter \:" >�. lily � ' h f{�Yr�� y -'�''•- \` \ . -RD RCI-IR ® General Acquisition Area N f ORDINANCE NO. 039, 2011 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 IV WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project") is scheduled for construction beginning in late 2011; and 1. 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"G",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 in the public interest to acquire the Properties described on the Exhibits for the purpose of the Mason Corridor Bus Rapid Transit Project. f Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property rights for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition 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 15th day of March, A.D. 2011, and to be presented for final passage on the 19th day of April, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 19th day of April, A.D. 2011. Mayor ATTEST: City Clerk EXHIBIT "A" Page 1 of 7 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE LN REAL ESTATE LLC, A WASHINGTON 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 located in that certain tract of land as described in a Corrected Special Warranty Deed recorded August 23, 2007 at Reception No. 20070064770 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 2.5" Aluminum 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 50.01 feet to north right of way of West Harmony Road, 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 410. 88 feet; THENCE leaving the said east right of way and along a non- tangent curve to the left having a radius of 99.50 feet a central angle of 20 degrees 00 minutes 00 seconds and an arc length of 34.73 feet, being subtended by a chord of South 17 degrees 02 minutes 56 seconds East for a distance of 34.56 feet; THENCE along a curve to the right having a radius of 150.50 feet a central angle of 28 degrees 33 minutes 28 seconds and an arc length of 75.01 feet, being subtended by a chord of South 12 degrees 46 minutes 25 seconds East for a distance of 74.24 feet; THENCE non-tangent from the previous curve, South 88 degrees 56 minutes 08 seconds East for a distance of 5. 00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 81.29 feet; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 5.00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a EXHIBIT "A" Page 2 of 7 distance of 224. 10 feet to ,the said north right of way of West Harmony Road; THENCE along the said right of way, North 89 degrees 54 minutes 45 seconds West for a distance of 38.51 feet to the point of beginning. Containing 13, 147 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true .and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 �+����ECRAIG° 4v�� P.O. BOX 580 • FORT COLLINS, CO 80522 EXHIBIT "A" Page 3 of 7 DESCRIPTION OF A PERMANENT UTILITY EASEMENT LOCATED ON THE LN REAL ESTATE LLC, A WASHINGTON LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT• COLLINS A Permanent 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 that certain tract of land as described in a Corrected Special Warranty Deed recorded August 23, 2007 at Reception No. 20070064770 records of the Clerk and Recorder of the said Lari.mer 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 2.5" Aluminum 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 j 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 460.89 feet 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 70.01 feet to the north line of the said tract described at Reception No. 20070064770; THENCE along the said north line, South 89 degrees 55 minutes 32 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 69.74 feet; THENCE along a non-tangent curve to the left having a radius of 94.50 feet a central angle of 19 degrees 47 minutes 16 seconds and an arc length of 32. 64 feet, being subtended by a chord of South 17 degrees 09 minutes 18 seconds East for a distance of 32.47 feet; THENCE along a curve to the right having a radius of 155.50 feet a central angle of 26 degrees 42 minutes 03 seconds and an arc length of 72.47 feet, being subtended by a chord of South 13 degrees 41 minutes 55 seconds East for a distance of 71. 81 feet; THENCE non tangent from the previous curve, South 88 degrees 56 minutes 08 seconds East for a distance of 5.05 feet; EXHIBIT "A" Page 4 of 7 THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 68.14 feet; THENCE South 88 degrees 56 minutes 08 seconds East for a distance of 5.00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 77.32 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 5.00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 59.27 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 5.00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 81.29 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 5.00 feet; THENCE along a non-tangent curve to the left having a radius of 150.50 feet a central angle of 28 degrees 33 minutes 28 seconds and an arc length of 75.01 feet, being subtended by a chord of North 12 degrees 46 minutes 25, seconds West for a distance of 74.24 feet; THENCE along a curve to the right having a radius of 99.50 feet a central angle of 20 degrees 00 minutes 00 seconds and an arc length of 34.73 feet, being subtended by a chord of North 17 degrees 02 minutes 56 seconds West for a distance of 34.56 feet to the point of beginning. Containing 1,717 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE COTT CS S,DP 17497 %aCLISTEG9•4,PO. BOX580 FORT COLLINS, CO 80522 *'-,# R . ifi z`�M' ; ,.'. (� j 7 04 �t OF COU �{�,~ EXHIBIT "A" Page ,S of 7 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE LN REAL ESTATE LLC, A WASHINGTON 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 that certain tract of land as described in a Corrected Special Warranty Deed recorded August 23, 2007 at Reception No. 20070064770 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 2.5" Aluminum 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; i 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 distance of 50. 01 feet to the north right of way of West Harmony Road; THENCE along the said north right of way, South 89 degrees 54 minutes 45 seconds East for a distance of 38.51 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said north right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 164.83 feet,- THENCE South 88 degrees 56 -minutes 08 seconds East for a distance of 5.00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 77.32 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 5.00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 68.14 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 5.05 feet; THENCE along a non-tangent curve to the left having a radius of 155.50 feet a central angle of 26 degrees 42 minutes 03 seconds and an arc length of 72.47 feet, being subtended by a chord of i EXHIBIT °A' Page 6 of 7 North 13 degrees 41 minutes 55 seconds West for a distance of 71. 81 feet; THENCE along a curve to the right having a radius of 94.50 feet a central angle of 19 degrees 47 minutes 16 seconds and an arc length of 32. 64 feet, being subtended by a chord of North 17 degrees 09 minutes 18 seconds West for a distance of 32.47 feet; THENCE non-tangent from the previous curve, North 01 degrees 03 minutes 52 seconds East for a distance of 69.74 feet to the north line of the said tract described at Reception No. 20070064770; THENCE along the said north line, South 89 degrees 55 minutes 32 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 87,38 feet; THENCE South 26 degrees 33 minutes 38 seconds East for a distance of 8.76 feet; THENCE along a curve to the right having a radius of 170. 50 feet a central angle of 27 degrees 37 minutes 31 seconds and an arc length of 82.21 feet, being subtended by a chord- of South 12 degrees 44 minutes 53 seconds East for a distance of 81.41 feet; THENCE non-tangent from the previous curve, South 88 degrees 56 minutes 08 seconds East for a distance of 10. 00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 306. 12 feet to the said north right of way of West. Harmony Road; THENCE along the said north right of way, North 89 degrees 54 minutes 45 seconds West for a distance of 20.00 feet to the point of beginning. Containing 8,797 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 0ey�pr���o�s . e�o••, r o Jill EXHIBIT "A" Page 7 of 7 LOCATION SKETCH LN REAL ESTATE, LLC PROPOSED TEMP. CDNST. ESWT. 0,797 SO. FT. H W W O' PROPOSED W UTILITY ESMT. to 1.717 S0. FT. Z EZI G1 100'RARWAY ROW ,,, JJJ���'''///'''fff01, s 1 W 1Q a Af PROPOSED - TRACT TO BE ➢EE➢ED TO CITY 13.147 S0. FT. 50'HgWW RD. ROW ----N 99'S4'45- -- 1---- . S 1/4 CORNER f e 35-7-69 HARMONY ROAD SE CORNER 35-7-69 N DES SKErDH AND THE AREA. JANUARY 6, 2011 SHOWN DEPICT THE ATTACHED NTS PROPERTY DESCRIPTION ONLY. ANO DO NOT REPRESENT A MONUMENTED BWNOWY SURVEY. S\ENG\OEPT\SUW\PRW\TRANS\SR1\ROW l EXHIBIT "B" Page 1 of 4 DESCRIPTION OF A PERMANENT UTILITY AND SLOPE EASEMENT LOCATED ON THE RAINEY AND LYNNETTE CORBYN PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Utility and Slope Easement located in the northeast 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 7 of the plat of Creger Plaza Second Replat, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893 .13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 1019. 89 feet to the north line of the said Lot 7, Creger Plaza Second Replat, also being TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, South 01 '• degrees 03 minutes 52 seconds West for a distance of 338.29 feet to the south line of the said Lot 7; THENCE along the said south line, South 89 degrees 49 minutes 40 seconds East for a distance of 5.00 feet THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 338 .28 feet to the said north line of Lot 7; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 5.00 feet to the point of beginning. Containing 1,691 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'* dddcorded plats and deeds and not upon a actual field surv? N E CRQ6' %o, ��P;rPEeiStEq�^.G'rCf.. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 60522 = 174.9 s v Z 2g 14" OFCOLOQ`"'rxv+V; �9dradPPPli71411\00, J EXHIBIT "B" Page 2 of 4 i DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE RAINEY AND LYNNETTE CORBYN PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the northeast 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 7 of the plat of Creger Plaza Second Replat, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly. described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893.13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 1019.89 feet to the north line of the said Lot 7, Creger Plaza Second Replat; THENCE along the said north line, South 89 degrees 43 minutes 35 seconds East for a distance of 5.00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 338.28 feet to the south line of the said Lot 7; THENCE along the said south line, South 89 degrees 49 minutes 40 seconds East for a distance of 11.08 feet; THENCE leaving the said south line, North 01 degrees 04 minutes 21 seconds East for a distance of 293.27 feet; THENCE South 89 degrees 34 minutes 06 seconds East for a distance of 8.88 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 45. 01 feet to the said north line of Lot 7; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 20.00 feet to the point of beginning. Containing 4, 155 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. EXHIBIT "B" Page 3 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 SG G O ».... 174 97 rq~'ND 8uavS40.. 0��4� EXHIBIT "B" Page 4 of 4 LOCATION SKETCH RAINEY AND LYNNETTE CORSYN HORSETOOTH ROAD N 89.43'38' W 893.13' �e N 1/4 CORNEA NE CORNER 15-7-69 "`ill 36-7-89 i I MW)7AF 3T ME40P LOT 7 IOW R�MW LS "'m i:'rJ m LS PROPOSED TENP. CONST. ESM'T. `\ 4,133 SO. FT. PROPOSEDg�//(pitE' W SLOPE AND EmT l UTILITY ESNT. .J 1.691 SD, FT. 1 n o R�T x x a L3 L6 Course Bearing Distance N Ll S 01'03'52' W 1019.89' L2 S 01.03'52' W 338.29' L3 S 89.49'40' E 5.00' L4 N 01'03'52' E 338.28' LS N 89'43'35' W 5.00' L6 S 89.49'40' E 11.08' JANUARY 18, 2011 12127N0 '0 88' NTSL 826EE L9 I N 01'03'52' E 1 45.01' SKO sMWi AND THE ACM AREAS I L10 N 89.43135' W 20.00' $ROVER TY DES R ATTACKm PROPERTY T REPRESENT ONLY, MO DO NOT REP NDARY A YONUYFMFD BWNOM'SURVEY. K\SURV\PRQ1\TRRISERV\BRI\ROW i EXHIBIT "Cu Page 1 of 7 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE MICHAEL J. AND TRACEY J. HICKEY PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A tract of land located in the northeast 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 located in Lot 12 of the plat of Creger Plaza Second Replat, a plat of record with the - Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893.13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 519.90 feet to the north line of the said Lot 12, Creger Plaza Second Replat, also being TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, South 01 degrees 03 minutes 52 seconds west for a distance of 97.76 feet; THENCE along a non-tangent curve to the right having a radius of 24.50 feet a central angle of 39 degrees 06 minutes 14 seconds, and an arc length of 16.72 feet, being subtended by a chord of North 20 degrees 37 minutes 00 seconds East for a distance of 16.40 feet; THENCE along a curve to the left having a radius of 100. 50 feet a central angle of 37 degrees 48 minutes 39 seconds, and an arc length of 66.32 feet, being subtended by a chord of North 21 degrees 15 minutes 48 seconds East for a distance of 65.13 feet; THENCE non-tangent from the previous curve, South 88 degrees 56 minutes 08 seconds East for a distance of 5.03 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 21. 64 feet to the said north line of Lot 12; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 33.00 feet to the point of beginning. Containing 1, 993 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. EXHIBIT "C" Page 2 of 7 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 °+°ti`aaq►rrrsses�9 `2�R�CE a C Rp/6 `yw �.0?&GlSr4'-e(/i Jk FO.�C 77 97 ��.9ti�No oP,OfO `' OF COLOP�aO��`�` ��r(1li�aaaaaas+j0°° i I EXHIBIT "C" Page 3 of 7 i J DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE MICHAEL J. AND TRACEY J. HICKEY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the northeast 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 12 of the plat of Creger Plaza Second Replat, a plat of record with the Clerk and-Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893. 13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 .minutes 52 seconds West for a distance of 519. 90 feet to the north line of the said Lot 12, Creger Plaza Second Replat; THENCE along the said north line, South 89 degrees 43 minutes 35 seconds East for a distance of 33.00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 21. 64 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 5.03 feet; THENCE along a non-tangent curve to the right having a radius of 100.50 feet a central angle of 37 degrees 48 minutes 39 seconds, and an arc length of 66.32 feet, being subtended by a chord of South 21 degrees 15 minutes 48 seconds West for a distance of 65. 13 feet; THENCE along a curve to the left having a radius of 24.50 feet a central angle .of 39 degrees 06 minutes 14 seconds, and an arc length of 16.72 feet, being subtended by a chord of South 20 degrees 37 minutes 00 seconds West for a distance of 16.40 feet to the said east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 2.24 feet to the south line of the said Lot 12; THENCE along the said south line, South 89 degrees 43 minutes 35 seconds East for a distance of 5.00 feet; EXHIBIT "C" Page 4 of 7 THENCE leaving the .said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 9.43 feet; THENCE along a non-tangent curve to the left having a radius of 105.50 feet a central angle of 21 degrees 16 minutes 09 seconds, and an arc length of 39.16 feet, being subtended by a chord of North 33 degrees 09 minutes 24 seconds East for a distance of 38. 94 feet; THENCE North 22 degrees 31 minutes 20 seconds East for a distance of 33. 66 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 26.71 feet to the said north line of Lot 12; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 5.00 feet to the point of beginning. Containing 610 square feet more or less,. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 oq�`v GRAtG� �� •�, P.O. BOX 580 FORT COLLINS, CO 80522 �w VSTcit• `c+'>• 1249 ip O 0Q�% F Co�^ EXHIBIT NICK Page 5 of 7 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE MICHAEL J. AND TRACEY J. HICKEY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the northeast 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 12 of the plat of Creger Plaza Second Replat, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the. said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893.13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 519.90 feet to the north line of the said Lot 12, Creger Plaza Second Replat; THENCE along the said north line, South 89 degrees 43 minutes 35 seconds East for a distance of 38.00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 26.71 feet; 1 THENCE South 22 degrees 31 minutes 20 seconds West for a I distance of 33.66 feet; THENCE along a curve to the right having a radius of 105.50 feet a central angle of 21 degrees 16 minutes 09 seconds, and an arc length of 39.16 feet, being subtended by a chord of South 33 degrees 09 minutes 24 seconds West for a distance of 38. 94 feet; THENCE non-tangent from the previous curve, South 01 degrees 03 minutes 52 seconds West for a distance of 9.43 feet to the south line of the said Lot 12; THENCE along the said south line, South 89 degrees 43 minutes 35 seconds East for a distance of 20.00 feet; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 9. 93 feet; THENCE along a non-tangent curve to the left having a radius of 120.50 feet a central angle of 35 degrees 59 minutes 21 seconds, and an arc length of 75.69 feet, being subtended by a chord of North 19 degrees 03 minutes 32 seconds East for a distance of 74.45 EXHIBIT 11C° Page 6 of 7 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 19.58 feet to the said north line of Lot 12; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 10.00 feet to the point of beginning. Containing 1, 452 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 aeert�el9ats9t�rsi�9e P.O. BOX 580 FORT COLLINS, CO 80522 `� �EGRAIG47s,` \`aV 615TZq''.�s[1dn•, i 17497 z-1 Z-V "e N''o suave'°f .........•• QO�•. VV.'*t OF o p xv, EXHIBIT "C" Page 7 of 7 LOCATION SKETCH MICHAEL J. AND TRACEY J. HICKEY HORSETOOTH ROAD N 09.43'38' W B9��8 , N 1/4 CORNER NE CORNER 35-7-69 35-7-69 J NOR7NK'EST CO.PNER ' LOT !2 PROPOSED SLOPE AND UTILITY ESMT. 610 SO, FT. L14 L13 PROPOSED TRACT TO BE DEEDED TD CITY 1,993 S0. FT. _ PROPOSED TEMP. CONST. ;i•::ex•:xo:• .. ESM'T. FS.<:?;!':";?i 1,452 SO. FT. 1.AZ4 or f D RE !fir � J J J L4 L5 Course Bearing Dlstance LI S OV03'52' W 119.90' 100' RAILWAY ROW L2 S 01•03'52' W 97.76' L3 S 01.03'52' W 2.24' L4 S 89.43'35' E 5.00' L5 S 89'43'35' E 20.00, L6 N 01'03'52' E 9.93' L7 N 01.03'52' E 9.43' L8 S 68.56'08' E 5.03, L9 N 01.03'52' E 21.64' L10 N 89.43'35' W 33,00' LII N 01'03'S2' E 26.71' L12 N Ol'03'S2' E 19.58' L13 N 89.43'35' W 10.00' LL4 N 89.43'35' W 5.00' L15 N 22.31'20' E 33.66' Curve Radlus Length Delta. Cl 24.50' 16.72' !35*59'21' 9.06'14' C2 100.50, 66.32' 7.48'39' N C3 105.50' 39.16' 1.16'09' 120,50' 75.69' no swmm MO Tw AWAS sNom Oe-V THE AnACNeo JANUARY 26, 2011 PROPERTY OEsrMProN ONLY. ®"'A AND 00 NOT REPR NTS NONONEMm BOUNOW SUR'R:Y. �suRv�PRa�TRANSERY�eRhRa+T EXHIBIT "D" Page 1 of 6 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE MASON STREET PROPERTY, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A tract of land located in the northeast 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 located in Lot 13 of the plat of Creger Plaza Second Replat, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds -West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893.13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 419. 90 feet to the north line of the said Lot 13, Creger Plaza Second Replat, also being TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 100.00 feet to the south line of the said Lot 13; THENCE along the said south line, South 89 degrees 43 minutes 35 seconds East for a distance of 33.00 feet; THENCE leaving the said south line, North' 01 degrees 03 minutes 52 seconds East for a distance of 57.38 feet; THENCE South 88 degrees 56 minutes 08 seconds East for a distance of 5.00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 42.69 feet to the said north line of Lot 13; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 38.00 feet to the point of beginning. Containing 3,513 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 knowle4 ��� 4e f and opinion. The description is based upon previou,, }�U plats and deeds and not upon a actual field survey. ��P,. 'Vx�'Fk `�V3 cv (CZ- WALLACE C. MUSCOTT COLORADO P.L.S. 17497 _ 17497 ^ P.O. BOX 520 FORT COLLINS, CO 90522 :2 iBJlI i EXHIBIT "D" Page 2 of 6 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE MASON STREET PROPERTY, 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 northeast 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 13 of the plat of Creger Plaza Second Replat, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893. 13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 419.90 feet to the north line of the said Lot 13, Creger Plaza Second Replat; THENCE along the said north line of Lot 13, South 89 degrees 43 minutes 35 seconds East for a distance of 38.00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 42. 69 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 5.00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance'of 57.38 feet to the south line of the said Lot 13; THENCE along the said south line, South 89 degrees 43 minutes 35 seconds East for a distance of 5.00 feet; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 52.31 feet; THENCE South 88 degrees 56 minutes 08 seconds East for a distance of 5.00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 47.76 feet to the said north line of Lot 13; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 5.00 feet to the point of EXHIBIT "D" Page 3 of 6 i beginning. Containing 525 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 `���aaaao�e�e�a�r9da CAA/G U r I7z�497 � — :��l�lf r' m h��/1 hOF 6o11�O�`e` EXHIBIT "D" Page 4 of 6 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE MASON STREET PROPERTY, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the northeast 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 13 of the plat of Creger Plaza Second Replat, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a I distance of 893.13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes. 52 seconds West for a distance of 419. 90 feet to the north line of the said Lot 13, Creger Plaza Second Replat; THENCE along the said north line of Lot 13, South '89 degrees 43 minutes 35 seconds East for a distance of 43.00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said north lire, South 01 degrees 03 minutes 52 seconds West for a distance of 47. 76 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 5.00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 52.31 feet to the south line of the said Lot 13; THENCE along the said south line, South 89 degrees 43 minutes 35 seconds East for a distance of 15. 00 feet; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 100.00 feet to the said north line of Lot 13; THENCE along the said north line, North 89 degrees 43 minutes 35 seconds West for a distance of 10.00 feet to the point of beginning. Containing 1,261 square feet more or less. The above described tract is subject to all easements and .rights of EXHIBIT "D" Page 5 of 6 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 P OBOXC580USCOTT FORT COLLINS 8052217497 `eovasa� pE�RA�G�s��✓v 17497rn ° * e ° • i * s(P 9l%%.SUR ey�Q op COM i ' EXI(BIT 'T" Page 6 of 6 LOCATION SKETCH MASON STREET PROPERTY, LLC HORSETOOTH ROAD N 89'43'38' W 89��e N 1/4 CORNER NE CORNER SS-7-69 35-7-69 J 1 NORTNlf£Sl CO.PNEI� r ' LOT 13 i L12 TRACT TO 8E .[� 1 �� DEEDED TO CITY .'.�'x'•T'�'`.�'"•mil ` 3,513 S� FT. \: EAT;'YYJN�hzmmw _&A7A 15: r I Pam" cu 1 r ...: �=:: �� sue"° JE7OST.DETENTION POND ESNf. rrgg ••., ;.. PER R#94049766 I. L3..•.LS L9 100' RAILWAY ROW PROPOSED PROPOSED SLOPE AND TEMP. COUST. UTILITY ESMT, ESM'T. 525 S0. FT. 1,261 SO. FT. Course Hearing Distance Ll S 01'12 ' 2' W 419.90' L S 01.03' 2' W 100.OW L3 S 9.43'35 E 33,00' L4 N Ol'03'S ' E 57.38' L .Q ' L6 N 01,03,52, E 42,69' L N 9'43135' W 38.00, L8 S 89043'35' E 5.00' L 9'43'35' E 15,00' ' L10 01'0315 ' E IOOAO' L11 N 89-43.35' W 10.00, L12 N 9'43'35' W 5, 0' L13 N 01.03152' E 52.3 ' L14 N 1003'52' 47.76' N TRIS sKTCN AM n(E AREAS SHOVAN DEPICT THE ATO&HED PROPPEW DCSCFJnM ONLY. FEBRUARY 23, 2011 AND DO NOf REPRESENT A MONUMWED RDDNw SURVEY NTS Ic�wav�PRa�iwwsERhem�RDw EXHIBIT "E" Page 1 of 7 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE BOWL FORT COLLINS, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A tract of land located in the northeast 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 located in that certain tract of land as described in a Quit Claim Deed recorded April 11, 2007 at Reception No. 20070027092 (Parcel B) 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 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast cornei and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893.13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 321.35 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 98. 55 feet to the southwest corner of the said tract described at Reception No. 20070027092; THENCE along the south line of the said tract described at Reception No. 20070027092, South 89 degrees 43 minutes 35 seconds East for a distance of 49.08 feet; THENCE leaving the said south line, North 00 degrees 16 minutes 25 seconds East for a distance of 24.00 feet; THENCE North 89 degrees 43 minutes 35 seconds West for a distance of 26. 36 feet; THENCE along a non-tangent curve to the left having a radius of 150. 50 feet, a central angle of 11 degrees 40 minutes. 45 seconds and an arc length of 30.68 feet, . being subtended by a chord of North 20 degrees 28 minutes 22 seconds West for a distance of 30. 63 feet; THENCE along a curve to the right having a -radius of 99.50 feet, a central angle of 27 degrees 22 minutes 37 seconds and an arc length of 47 . 54 feet, being subtended by a chord of North -12 degrees 37 minutes 27 seconds West for a distance of 47 .09 feet to EXHIBIT "E" Page 2 of 7 the point of beginning. Containing 1,837 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 te��ndaivaoaegga� P.O. BOX 580 FORT COLLINS, CO 80522 ` aPPQ.......cN Y 7497 {` — ��sf,H�ZSsf 'tfa'`plc O i1CiOE off•;;i: EXHIBIT "E" Page 3 of 7 DESCRIPTION OF A PERMANENT UTILITY AND SLOPE EASEMENT LOCATED ON THE BOWL FORT COLLINS, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Utility and Slope Easement located in the northeast 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 that certain tract of lard as described in a Quit Claim Deed recorded April 11, 2007 at Reception No. 20070027092 (Parcel B) 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 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893. 13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 50.00 feet to the south line of that certain tract of land as described in a Finding of Fact, Judgment and Decree recorded February 8, 1984 in Book 2258 at Page 070E records of the said Clerk and Recorder, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way,_ South 01 degrees 03 minutes 52 seconds West for a distance of 271. 34 feet; THENCE leaving the said east right of way, along a curve to the left having a radius of 99.50 feet, a central angle of 27 degrees 22 minutes 37 seconds and an arc length of 47.54 feet, being subtended by a chord of South 12 degrees 37 minutes 27 seconds East for a distance of 47.09 feet; THENCE along a curve to the right having a radius of 150.50 feet, a central angle of 11 degrees 40 minutes 45 seconds and an arc length of 30. 68 feet, being subtended by a chord of South 20 degrees 28 minutes 22 seconds East for a distance of 30. 63 feet; THENCE non-tangent from the previous curve, South 89 degrees 43 minutes 35 seconds East for a distance of 10.33 feet; THENCE along a non-tangent curve to the left having a radius of 160.50 feet, a central angle of 12 degrees 37 minutes 39 seconds and an arc length of 35.37 feet, being subtended by a chord of North 19 degrees 59 minutes 56 seconds West for a distance of EXHIBIT "E" Page 4 of 7 35.30 feet; THENCE along a curve to the right having a radius of 89. 50 feet, a central angle of 27 degrees 22 minutes 37 seconds and an arc length of 42.76 feet, being subtended by a chord of North 12 degrees 37 minutes 27 seconds West for a distance of 42 .36 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 245. 43 feet; THENCE South 88 degrees 56 minutes 08 seconds East for a distance of 2.00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 26.08 feet to the said south line as described in Book 2258 at Page 0708 records of the said Clerk and Recorder; THENCE along the said south line, North 89 degrees 43 minutes 38 seconds West for a distance of 12.00 feet to the point of beginning. Containing 3,548 square feet more or less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is , true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 °`reuuaaaaa�eja P.O. BOX 580 FORT COLLINS, CO 80522 pGE.CAA/G 44,�' �pEG15T��Gs�ii 7 -97 `e RV ����4i��1ifa111uMao°e°p°4s�' EXHIBIT "E" Page 5 of 7 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE BOWL FORT COLLINS, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the northeast 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 that certain tract of land as described in a Quit Claim Deed recorded April 11, 2007 at Reception No. 20070027092 (Parcel B) 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 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2.5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893.13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 50.00 feet to the south line of that certain tract of land as described in a Finding of Fact, Judgment and Decree recorded February 8, 1984 in Book 2258 at Page 0708 records of the said Clerk and Recorder; THENCE along the said south line, South 89 degrees 43 minutes 38 seconds East for a distance of 12.00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, South 01 degrees 03 minutes 52 seconds West for a distance of 26.08 feet; THENCE North 88 degrees 56 minutes 08 seconds West for _a distance of 2.00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 245. 43 feet; THENCE along a curve to the left having a radius of 89.50 feet, .a central angle of 27 degrees 22 minutes 37 seconds and an arc length of 42.76 feet, being subtended by a chord of South 12 degrees 37 minutes 27 seconds East for a distance of 42. 36 feet; THENCE along a curve to the right having a radius of 160.50 feet, a central angle of 12 degrees 37 minutes 39 seconds and an arc length of 35.37 feet, being subtended by a chord of South 19 degrees 59 minutes 56 seconds East for a distance of 35. 30 feet; THENCE non-tangent from the previous curve, South 89 degrees i EXHIBIT "E" Page 6 of 7 43 minutes 35 seconds East for a distance of 16.03 feet; THENCE South 00 degrees 16 minutes 25 seconds West for a distance of 24.00 feet to the south line of the said tract described at Reception No. 20070027092; THENCE along the said south line, South 89 degrees 43 minutes 35 seconds East for a distance of 3. 93 feet; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 43.33 feet; THENCE North 88 degrees 38 minutes 09 seconds West for a distance of 23.59 feet; THENCE North 01 degrees 43 minutes 52 seconds East for a distance of 84 .56 feet; THENCE North 88 degrees 48 minutes 07 seconds West for a distance of 11. 14 feet; THENCE North 01 degrees 04 minutes 04 seconds East for a distance of 189.39 feet; THENCE South 88 degrees 48 minutes 55 seconds East for a distance of 70.74 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 45.53 feet to the southerly line of that certain tract of land as described in a Warranty Deed recorded August 4, 1999 at Reception No. 99069827 records of the said Clerk and Recorder; THENCE along the said southerly line North 82 degrees 19 minutes 00 seconds West for a distance of 40.02 feet; THENCE continuing along the said southerly line, along a curve to the left having a radius of 292. 50 feet, a central angle of 07 degrees 24 minutes 38 seconds and an arc length of 37. 83 feet, being subtended by a chord of North 86 degrees 01 minutes 19 seconds West for a distance of 37.81 feet to the south line of the said tract described in Book 2258 at Page 0708; THENCE along the said south lire, North 89 degrees 43 minutes 38 seconds West for a distance of 0. 49 feet to the point of beginning. Containing 7,599 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 a�es�����ECtR1IG� /s>//// P.O. BOX 580 FORT COLLINS, CO 80522 �p l' os ; %r�9 pf�r„OF co-()" ' EXHIBIT "E" Page 7 of 7 LOCATION SKETCH BOWL FORT COLLINS, LLC N 1/4 CORNER NE CORNER 35-7_69 N 89'43'38' W 893.13' 35-7-89 fD7W L a g%6 jop�+-04 HORSETOOTH ROAD L14 �CS — .Lia jjj Lll �J ��N'PEiP.Pf99LNY917 1 W IW z Z PROP1 I N N ..T J : a rENP. CST. _ ESMT. SlP D�PEO AND ,:4'~ Ll 7,599 SO, FT. O ";548 SQ.S to FT. A 1 42 a ' y .:� L9 r IJ PROP ED H TRACTACT TO DE :7)L7 DEEDED TO 3,837 SQ.4 FT.FT. L39m IJ iar RRixAr R011 Course Bearing Distance LL S 01'03'52' W 50,00' L2 S 01'03'52' W 271.34' L3 -S 01.03'52' W 98,55' L4 S 89'43'35' E 49.08' L5 S 89'43'35' E 3,93' L6 N 01*03'52' E 43.33' Curve Radius Length Delta L7 N 88'38'09' W 23,59' L8 N 01-43'52' E 64.56' Cl 150.50' 30.68' 11'40'45' -- L9 N 88.48107' W 11.14' C2 99.50' 47.54' 27'22'37' LIO N 01'04'04' E 189.39' C3 160.50' 35,37' 12'37'39' L11 S 88'48'55' E 70,74' C4 89.50, 42.76' 27'22'37' L12 N 01'03'52' E 45.53' C5 292.50' 37.83' 7'24'38' L13 N 82' 9'00' W 40.02' L14 S 89'4 '38' E 12.00' L15 S 01*03152' W 26.08' L16 N 88'56'08' W 2.00' L17 S 01*03'52' W 245.43' N L18 N 00'16'25' E 24.00' L39 N 894335' W 26.36' 20 I N 89'43'38' W 1 0.49' THIS SKETCH AND THE AREAS PROPERTY DESSCEPTI�v JA VARY 26, 2011 ANO DO NOT REPRESENT A MOMMEK � Ste. NITS K\SUW\PRW\TRANSEmneRT ARM i EXHIBIT "F" Page 1 of 5 Exhibit A Parcel 18—Wetzler,Willis PROPERTY DESCRIPTION Temporary Construction Easement*2 A parcel of land for temporary construction easement Purposes,being a portion of Lot 2 ofthe South College Investments Subdivision, recorded July 9,1981 in Book 2123,Page 590 as Reception No.419042 of the Records of Larimer County,situate in the Northeast Quarter(NE114) of Section Thirty-five(35) Township Seven North(T.7N.),Range Sixty-nine West(R.69W.), Sixth Principal Meridian(6 h P.M.),City of Fort Collins,County of Larimer.State of Colorado,and being more particularly described as follows: CONDdENCING 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 8904318" 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; TRICE North 89043138"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 1858.47 feet to the intersection ofthe South Iine of Lot 2 of the South College Investments Subdivision and the Easterly Right of Way line of the BNSF Railway, THENCE South 89"49'32"East along the South line of said Lot 2 a distance of 15.00 feet to a line parallel with and 15.00 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 North 01°03'52"East along said parallel line a distance of 99.98 feet to the North line of Lot of the South College Investments Subdivision; THENCE South 89°4940"East along the North lime of said Lot 2 a distance of 10.00 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 99.98 feet to the South line of Lot 2 of the South College Investments Subdivision; THENCE North 89"49'32"West along the South line of Lot 2 a distance of 10.00 feet to the POINT OF BEGINNING. Said parcel contains 1,000 sq.ft,more or less(t),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 belie£ ,Qs. 00 R?o. s ' o��yEc,Q r 34.995 t LASS Steven A.Lund—on behalf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor 934995 KING SURVEYORS,INC. 650 Garden hive Windsor,Colorado 80550 (970)686-5011 VAaa9041L'AS0NL'NRIPR0P Dr:SC&CIA.PARM S i5.2811a1L W E17LLR.dcc EXHIBIT "F" Page 2 of 5 :hibit A Parcel I&—Wetzler,Willis PROPERTY DESCRIPTION Slope&Utility Easement 42 A parcel of land for easement purposes,being a portion of Lot 2 of the South College Investments Subdivision, recorded July 9,1981 in Book 2123,Page 580 as Reception No.419042 of the Records of Larimer County,situate in the Northeast Quarter(NEI/4)of Section Thirty-five(35), Township Seven North(T.7N.),Range Sixty-nine West(R.69 W.),Sixth Principal Meridian(6"' Plvt. City of Fort Collins,County of Larimer,State of Colorado,and being more particularly desmbed 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 comer and a 3"Aluminum Cap Monument at the South Quarter corner of Section 35, based upon GY.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 1858.47 feet to the intersection ofthe South line of Lot 2 of the South College Investments Subdivision and the Easterly Right of Way line of the BNSF Railway,said intersection being the POINT OF BEGINNING; THENCE North 01"03'52"East along the Easterly Right of Way line of the BNSF Railway a distance of 99.98 feet to the North line of Lot 2 of the South College Investments Subdivision; THENCE South 89°49'40"East along the North line of said Lot 2 a distance of 15.00 feet to a line parallel with and 15.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way ]me of the BNSF Railway, THENCE South 01"03'52"West along said parallel line a distance of 99.98 feet to the South line of Lot 2 of the South College Investments Subdivision; THENCE North 89049'32"West along the South line of Lot 2 a distance of 15.00 feet to the Easterly Right of Way line of the BNSF Railway and to the POINT OF BEGINNING. Said parcel contains I500 sq.R,more or less(±),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.Lind,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. 3095 IANO�'J Steven A.Lund—on behalf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 V:11009DWfiASL•MW- M. ROP nESCQ CIA PARCL'lS 15.28USPL3 WL•'TLLMdw EXHIBIT "Fu Page 3 of 5 Exhibit Parcel I8—Wetzler,Willis PROPERTY DESCRIPTION Slope&Utility Easement#I A parcel of land for easement purposes,being a portion of Lot 1 of the South College Investments Subdivision, recorded July 9,1981 in Book 2123,Page 580 as Reception No.419042 of the Records of Larimer 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(6" P.M.�City of Fort Collins,County of Larimer,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 89043'38" West between a 2-M" Aluminum Cap Monument at the Northeast comer 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 hearings contained herein relative thereto; THENCE North 89043'38"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 01 103'52"West along the Easterly Right of Way line of the BNSF Railway a distance of 1858A7 feet to the intersection of the North line of Lot I of the South College Investments Subdivision and the Easterly Right of Way line of the 13NSF Railway,said intersection being the POINT OF BEGINNING; THENCE South 89°49'32"East along the North line of said Lot 1 a distance of 15.00 feet to a line parallel with and 15.00 feet Easterly ot,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway; THENCE South 01 003'52"West along said parallel line a distance of 99.98 feet to the South line of the Lot 1 of the South College Investments Subdivision; THENCE North W49'25"West along the South line of Lot I a distance of 15.00 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 9998 feet to the North line of Lot 1 of the South College Investments Subdivision and to the POINT OF BEGINNING. Said parcel contains 1500 sq.R,more or less(t),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 snider my personal supervision and checking,and that it is true and correct to the y knowledge and belief. rP°0 P. cry A zG s:sss Steven A.Lund—on behalf of Icing Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 IONG SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 V-.U06 V 1!AS1R4WfS%MGP 01M A Q.e.PAMELS 17.2913PG1 W4T MILdoc EXHIBIT "F" Page 4 of 5 Exhibit Parcel 18—Wetzier,Willis PROPERTY DESCRIPTION Temporary Construction Easement 41 A parcel of land for temporary construction easement puryoses,being a portion of Lot 1 of the South College Investments Subdivision, recorded July 9,1981 in Book 2123,Page 580 as Reception No.419042 of the Records of Larimer County,situate in the Northeast Quarter(NE114) of Section Thirty-five(35),Township Seven North(T.7N.),Range Sixty-nine West(R.69W.), Sixth Principal Meridian(e P_M.�City of Fort Collins,County of Latimer,State of Colorado,and being more particularly described as follows: COhUVIENCING 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 comer and a 3"Aluminum Cap Monument at the South Quarter comer of Section 35, based upon 03.S. observations and the City of Fort Collins coordinate system,and with all bearings contained herein relative thereto; TBENCE North 89043'3V West along the North line ofthe Northeast Quarter of said Section 35 a dstancc 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 1858.47 feet to the intersection of the North line of Lot 1 of the South College Investments Subdivision and the Easterly Right of Way line ofthe BNSF Railway; THENCE.South 89°49'32"East along the North line of said Lot 1 a distance of 15.00 feet to a line parallel with and 15.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way lime ofthe BNSF Railway and to the POINT OF BEGINNING; THENCE South 89'49'32"East continuing along the North line of said Lot 1 a distance of 10.00 feet to a line parallel with and 25.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way lip of the BNSF Railway THENCE South 01°03'52"West along said parallel line a distance of 99.98 feet to the South line of Lot 1 of the South College Investments Subdivision; THENCE North 89°49'25"West along the South line of said Lot 1 a distance of 10.00 feet to a line parallel with and 15.00 feet Easterly or,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 99.98 feet to the North line of Lot 1 of the South College Investments Subdivision and to the POINT OF BEGINNING. Said parcel contains 1,000 sq.ft.,more or less(±),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 1,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 of my knowledge and belief P00 P. c/S P....-..., r .. O��ygPl A�. 5 ,o Steven A.Lund—on behalf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 MG SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 v320MUHASl7.1INIM1MOP DE.SC S CLo.PARCELS 114M REEL w1f2URdoc EXHIBIT "F" Page 5 of 5 PARCEL 18 EXHIBIT A SECTONORTHEAST N 3 ,35 T.07N.RE69W. OWNER: WETZLER, WILLS NORTHEAST CORNER NORTH QUARTO CORNER RIEST HORSETOOTHROAD SECTION 35, 7.7N., R.69W. SECTION 35, L7N., R.69W. — POINT OF COMMENCEMENT � N89'43'38'W(BASIS OF GEARING) 2644.94' Lm EUL4 89113' LOTJ RCDPLAZ9 SOUTH------------------------- 3 I I C4 � I I m Im Im SLOPE&UTILITY I Im EASEAEAINT#2 I Im Im 1,500 eq.fL m I 13 Ig LO SOU771COI.OL LEGGF' m 1 IIN I� .INYPSTd2&NTSSL'BDIVJSION n i s j to to j Z 1 1 N I N TEMPORARY 1 I -CONSTRUCTION 1 1 uE i CEASE MENT#2 POINT OF BEGINNING Ll L2 UTILITY EASEMENT#1 1 AND UTILRY EASEMENT,'2 f 1 1 1 1 I POINT OF BEGINNING TEMPORARY EASEMENT in AND TEMPOORARY CONSTRUCTION EASEMENT#2 SLOPE&UTILIIY i Im 1 EASEMENT#1 TEMPORARY 1,SOO s¢JL W I f3 13`CONS2-RUC7TON n I IIN (N EASEMENT 91 LOTI " I IQ I z00D�F SOrr CMLECF z i 'W i y DVYEST1f�a'NTSSUBDIVISILW I I 0 1 I I I I I 811E L5 9 L+—'------- ----------------- N t L6 ZOTI I a4RTHCi2AVk0??CG1LPL4Z4 M LINE TABLE LINE BEARING LENGTH Li N8949'3 "W 1 .00' �OO FcG�Sl L2 N89'49'32"W 10.001 �:�.1FJ'1 •. L3 SB9*49'4Q"E 1500' L4 '49'40' 1000' • 34995 'ZO L L U5 ' i L6 N8 '4 ' "W 10.0D, �s ti s/0•'•'•'•SJ� NOTE: This exhibit drawing is not Intended to be a NFL LANO monumented land survey. It's sole purpose is as a graphic representation to old In the visualization of Steven A. Lund — on behalf of IOng Surveyors. Inc. the written property description which it accompanies. Colorado Registered Professional The written property description supersedes the Land Surveyor #34995 exhibit drawing. KING SURVEYORS,INC. PROJECT N0:2009094 6/9/09 650 Z Garden Dzioe I Wiadsor,Colorado$0550 DATE: :INTER EST phone:(970)686-5011 1 far:(970)686.5821 CLIENT00909 E)(H DWG:2009094EXH-15-28 mamldnga eyomcom DRAWN:CSK CHECKED:SAL EXHIBIT "G" Page 1 of 3 Exhibit A Parcel 19—The Salvation Army PROPERTY DESCRIPTION Slope&Utility Easement A parcel of land for easement purposes,being a portion of Lot 1 of the RCD Plaza South Subdivision, recorded November 7,1979 in Book 2003,Page 228 as Reception No.336671 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(6"' Plk),City of Fort Collins,County of Larimer,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 89043'38" West between a 2-I/2" Aluminum Cap Monument at the Northeast comer 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 89043'38"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 1558.50 feet to the intersection of the North line of Lot 1 of the RCD PIaza South Subdivision and the Easterly Right of Way line of the BNSF Railway,said intersection being the POINT OF BEGINNING, THENCE South 89049140"East along the North line of said Lot 1 a distance of 15.00 feet to a line parallel with and 15.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway; THENCE South 01°03'52"West along said parallel line a distance of 200.00 feet to the South line of Lot 1 of the RCD Plan South Subdivision; THENCE North 89°49'40"West along the South line of Lot I a distance of 15.00 feet to the Easterly Right of Way line of the BNSF Railway; THENCE North 01003152"East along the Easterly Right of Way line of the BNSF Railway a distance of 200.00 feet to the North line of Lot 1 of the RCD Plaza South Subdivision and to the' POINT OF BEGINNING. Said parcel contains 3,000 sq.ft,more or less(±),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 L 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. 00 REGIS U;y ^ 9: 34995 l l ����Oh'A!LAfroSJ� Steven A L —on behalf of King Surveyors,Inc. ,Colorado Registered Professional Land Surveyor#34995 ICING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)68&5011 V.*=0MGASEMVr b9PROP DESC&CLO.PARCELS 15-2M19PE1 SALVATION ARMY.doc EXHIBIT "G" Page 2 of 3 Exhibit A Parcel 19—The Salvation Army PROPERTY DESCRIPTION Temporary Construction Easement A parcel of land for temporary construction easement purposes,being a portion of Lot 1 of the RCD Plaza South Subdivision, recorded November 7,1979 in Book 2003,Page 228 as Reception No.336671 of the Records of Larimer County,situate in the Northeast Quarter(NE1/4)of Section Thirty-five 95),Township Seven North(T.7N.),Range Sixty-nine West(R.69W.),Sixth Principal Meridian( P.14),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 beating North 89043'38" West between a 2-1/2" Aluminum Cap Monument at the Northeast comer 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 155850 feet to the intersection of the North line of Lot I of the RCD Plaza South Subdivision and the Easterly Right of Way line of the BNSF Railway-, THENCE South 89'49'40"East along the North line of said Lot 1 a distance of I5.00 feet to a line parallel with and 15.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way lime of the BNSF Railway and to the POINT OF BEGINNING; THENCE South 89'49'40"East continuing along the North line of said Lot 1 a distance of 10.00 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 01'03'52"West along said parallel line a distance of 200.00 feet to the South line of Lot 1 of the RCD Plaza South Subdivision; THENCE North 89049'40"West along the South line of Lot 1 a distance of 10.00 feet to a line parallel with and 15.00 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 of200.00 feet to the North line of Lot 1 of the RCD Plaza South Subdivision and to the POINT OF BEGINNING. Said parcel contains 2,000 sq.fL,more or less(±),and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. i SMVEYOR'S CIMI TIFICATE 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 hue and correct to of my knowledge and belief. o�'Do t+ac�sPF - 34995 l 1 ���At IANaS Steven A.Lund—on behalf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 ICING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 VA2009099aASEMENTSNROP DESC&CLO.PARCELS 15-2M19TEI SALVATION ARMUM EXHIBIT "6" Page 3 of 3 PARCEL 19 EXHIBIT A SECTION 35,NORTHEAST RE 9W. OWNER: THE SALVATION ARMY NORTHEAST CORNER NORTH QUARTER CORNER RESTHORSETOOTHROAD SECTION 35. T.7N., R.69W. SECTION 35. T.7N., R.69W. POINT OF COMMENCEMENT N89.43'387W(BASIS OF BEARING)_ 2644.94' 893.13' �i a°Q n 3 H n I POINT OF BEGINNING P TEMPORARY CONSTRUCTION LOT1 EASEMENT A&ASONSIXEE 7PU.D L2 POINT OF BEGINNING -------------- UiIUTY EASEMENT rI I I I I I I I I I SLOPE& 11177 TY I EASEMENT I I 3,00061.)L I a to 1 to g Ici I Ig LOT.1 } tV l I N I I N RLDPL.AZ4 SO= 1•� -„�, IM I I-,�, SUBDIPWON � Q Io I to � Iti IN w I I I I TEMPORARY. CONSTRZIC77ON o I I I EASEMENT M I I I 200sq.ft. LINE TABLE I I i LINE BEARING LENGTH I I I Li 69.49'4o• 15.00, o I I I 1-2 S89'49'40" 10 0 ' o "I I I ( I L3 89'49'40'W 10.0 ' A I ! I I L4 0• 1 L ----------------------------- L4 L3 O r7 LOT2 p0 RE SODTRCMLEOS 2" sr AVVFST j2iAWSUBDIVZVW o.•�FNa� 9; 34995 Lt �'r/p�'• �5� NOTE: This exhibit drawing Is not intended to be a NA1LANa monumented land survey. It's sole purpose is as a graphic representation to aid in the visualization of Steven A. Lund — on behalf of King Surveyors, Inc. the written property description which it accompanies. Colorado Registered Professional The written property description supersedes the Land Surveyor #34995 exhibit drawing. KNG SURVEYORS, INC. PROJECT NO:2009094 650E.GardemD&e I Windsor,Colon&80550 DATE: INTER REV. 1/19/11 Phone; 686-5011 far 686-5821 DWG:2CLIENT: 909 EXH ST P (`n� I �� DWC:2009094EXH-15-28 vurar.kin 9on•com DRAWN:CSK CHECKED:SAL