HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2013 - FIRST READING OF ORDINANCE NO. 084, 2013 AUTHORIZIDATE: June 4, 2013
STAFF: Helen Matson
Craig Foreman
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 28
SUBJECT
First Reading of Ordinance No. 084, 2013 Authorizing the Conveyance of Four Easements, a Temporary Construction
Easement and a Revocable Permit on City Right-of-Way and City-Owned Property to Linden Bridges LLC for the
Encompass-River District Block One Mixed Use Development.
EXECUTIVE SUMMARY
Encompass – River District Block One Mixed Use Development (“Encompass”) is a mixed use development at 418
Linden Street consisting of office space, residential space and a restaurant. The property is owned by Linden Bridges
LLC (“LB LLC”). Several easements are required for this project. These easement interests are needed for
improvements in the right-of-way, bank stabilization and river enhancement, drainage and landscape areas.
BACKGROUND / DISCUSSION
Encompass is a mixed use development at 418 Linden consisting of one building with two floors of office space, two
floors of apartments (12 units) and a restaurant. The first floor of this building has a walk-way to the rear of the lot.
The O’Neil family is developing the property. Their software company, Encompass Technologies will occupy the
second floor. The property is held in the name of Linden Bridges LLC.
Encompass looked at plans to relocate to a larger space and instead chose to develop a new office as part of a mixed-
use development as a long-term investment in downtown Fort Collins. The site at 418 Linden provides a great
opportunity for Encompass to create a vibrant mixed-use development that connects downtown Fort Collins to the
Cache la Poudre River.
This project embodies the character and vision of the City Plan, the Downtown Strategic Plan, the 2001 Poudre River
Master Plan, and the R-D-R zone district for high quality redevelopment in downtown with river interface that is
envisioned for the Downtown River Redevelopment District.
Easements Requested by Encompass:
The properties affected by these requests include the property between the development site and the Poudre River.
The City owns the top of the bank, which was acquired 30 years ago for a recreational trail, the river bank and the land
under the river. In the end, the trail was constructed on the other side of the River and the City will not utilize this site
as a trail in the future. The City property has not been maintained for years. All easement requests are shown on the
Easement Exhibit, Attachment 2.
Permanent Non-Exclusive Encroachment Easement (shown in green on Easement Exhibit):
This easement would be made up of several easement areas located in the right of way. Since permanent
improvements are being constructed in the right-of-way, it is appropriate to grant a permanent easement instead of
a revocable permit. Encompass will have a permanent right to use these improvements in perpetuity. The City cannot
cancel or terminate this easement; only Encompass could request to have this easement vacated. If the City
determined it needed the land under the improvements, it would need to enter into negotiations with the owner to
purchase this easement interest. In the Easement Agreement, Encompass will be required to carry property and
liability insurance and will need to have the City added as additional insured.
There is a significant change in grade along Linden Street. This creates the need for an upper and lower sidewalk
similar to properties downtown. Thus some of the permanent features requiring easements are a ramp, stairs and
a planter box. In addition, Encompass has requested an outdoor deck along Linden Street for the restaurant. The
restaurant will also have two decks on their property with a river view. Having the deck along Linden Street is a key
urban design element.
June 4, 2013 -2- ITEM 28
Permanent Non-Exclusive Construction, Access, and Maintenance Easement (shown in yellow on Easement
Exhibit):
This easement abuts the development site and includes a strip of land from the top of the river bank, to the water’s
edge. The river bank needs to be stabilized and this project plans include reconstruction approximately 160 feet of
the river bank to meet the design criteria for a 100 year flood event. Included with the bank stabilization are two
decorative retaining walls.
Additional improvements are being completed by Encompass along the bank as per the City’s Poudre River
Enhancement Plan. This work is a benefit to both the development and the City by providing additional stabilization
of the banks and improved scour protection for the Linden Street bridge. Encompass will complete all the construction.
When the work is complete and approved by Stormwater Utilities, the City will repay Encompass for river enhancement
work that benefits the City from a combination of Stormwater Funds and Bridge Engineering Funds.
As per the Land Use Code, the project is required to provide a continuous buffer and a walking path along the top of
the bank. It is planned to build the buffer and path on the development site and the City-owned property. The
easement grants Encompass access for the path and its users.
Encompass will maintain all improvements located in this easement area, with the exception of the bridge
protection. After acceptance of the work by the City, the City will maintain the bridge protection. The City will not
perform maintenance on the trail in the easement area. The City’s public trail is on the other side of the River.
Permanent Non-Exclusive Drainage Easement (shown in yellow and outlined in red on Easement Exhibit);
Encompass is requesting a permanent 20-foot wide drainage easement to carry their development flows, as well
as the flows from the property to the south, from their water quality pond, in an eighteen-inch pipe under the City’s
property to the Poudre River. This easement location is in part of the Permanent Construction, Access and
Maintenance Easement, but we requested a separate legal description for this use.
Temporary Construction Easement (shown on Temporary Easement Exhibit):
The above easement gives Encompass the right to do their bank stabilization work; however, they need to be able
to access the bank from the Poudre River. In order to complete work in the River, a Floodplain Use Permit is
required. Encompass has met with the Floodplain Administrator on site and an access area has been identified.
The preferred access point goes through the Encompass site and goes through a break in trees on the City
property to access the River. This area is shown on the Temporary Easement Exhibit, Attachment 3. There will
be very minimal disturbance in the river bed. The banks will only be disturbed in the areas of the Construction,
Access and Maintenance Easement. All disturbed areas along construction access from top of bank to the River
shall be revegetated per approved landscape plans.
The area of the Temporary Construction Easement extends upriver under the bridge and adjacent to the Northside
Aztlan Community Center site. Encompass will construct a temporary upstream and downstream coffer dam and
pump in the Temporary Construction Easement area. Downstream there is an area where the river is separated
by a stretch of land. The temporary coffer dam will divert the River to the eastern side of the land and they will
also install a pump in low point discharge on other side of island.
The duration of the requested Temporary Construction Easement will start when our Easement Agreement is
signed and will continue to December 31, 2014. The work is planned to be in intervals and this is not a
consecutive time period. While the Temporary Construction Easement does give them permission to enter our
property, they will also need a current Floodplain Use Permit to access the Temporary Construction Easement
area. At the meeting held in May with Stormwater staff, it was determined that work in the River cannot
commence until the end of September of 2013 due to the high river conditions this year.
Permanent Non-Exclusive Landscape Easement (shown in orange on the Easement Exhibit):
Encompass has requested a Non-Exclusive Permanent Landscape Easement to landscape a 2,206 square-foot
area adjacent to their property to improve the view for their project. The strip of land is southeast of the
Construction, Access, and Maintenance Easement area and goes to the current top of bank. This area is currently
not maintained and does not contain much vegetation. Encompass submitted a landscape plan during the
approval process of the development. This landscape plan was approved and determined to meet the criteria of
the Land Use Code 4.17 – River Landscape Buffers.
June 4, 2013 -3- ITEM 28
Revocable Permit (shown in purple on the Easement Exhibit):
Encompass has requested the right to come into the large purple shaded area on the Easement Exhibit to trim the
existing trees. The trees are not well maintained and contain numerous dead branches. Encompass wants to trim
these trees to improve the view of the river to users of the development. The requested Revocable Permit is for
twenty (20) years unless revoked sooner, and will allow trimming of trees, but not tree removal.
Along with the Revocable Permit, Encompass must meet with the Forestry Department to agree on which trees
can be trimmed. Once Encompass gets the official permission from Forestry, the tree company doing the
trimming will need to obtain a permit from Forestry to do the actual trimming. In addition, since this is in a
floodplain, Encompass will be required to obtain a Floodplain Use Permit for each time they do any trimming
activities.
FINANCIAL / ECONOMIC IMPACTS
Encroachment Easements. These easements are located in the right of way. Currently the City does not have an
adequate policy in place on how to process or value permanent easements in the public right of way.
Encroachment Permits are charged $10/year and permanent easements on City-owned properties are
compensated at fair market value. Staff will be bringing an Ordinance to Council in the next few months with a
recommendation on how to process and value easements in the right of way. Until a policy is established,
compensation will be based on fair market value.
Staff has set a value for the encroachment easements requested. Values on Linden Street have increased
dramatically over the last two years. The price per square foot assigned for these easements is an average of the
last two properties sold. That value is $19.50 per square foot.
The encroachment easements for the stairs with handrails and the ramp will typically be used not only for
occupants or customers of Encompass, but could also be used by the general public. For this reason, the
easement percentage of value is 50% and the easement value for these areas is $5,099.00.
The easement percentage of value for the encroachment easement for the outdoor patio deck is 75%. That is
because the general public will not have any use in this area unless they are customers of the restaurant. The
easement value for the patio deck is $8,350.00, or $13,449.00 for both areas. Developer will be charged
$13,449.00 for the Encroachment Easement; however, if the City Council, on or before December 31, 2013,
adopts a policy for granting of easements in the City’s rights of way, including charges therefor, Encompass will
instead pay compensation for the Encroachment Easement based on the requirements of such policy, but not to
exceed $13,449.00. Compensation for the Encroachment Easement is not due until the new policy is adopted or
December 31, 2013.
Other Easements: The City’s practice is to charge for easements on estimated market value. Market values for
properties are estimated on a wide range of criteria including, the zoning, topography, physical constraints and
overall use of the property. After considering the above criteria and consulting with area appraisers, staff set the
market value for the City parcels at $5,000 per acre. It is difficult to set a value for properties within floodplains
because there are not many comparable sales. These properties are usually purchased by government entities
for preservation. The appraisers compared these properties to highly restricted conservation easement
properties. The values recommended by the appraisers range from $3,500 to $5,000/acre. The exception is in
the Construction, Access and Maintenance Easement. Approximately half of its area is in the FEMA Moderate
Risk Floodplain. Generally there is not a deduction for the developable value because it is relatively inexpensive
to cure. This small area would not be developable on its own; however, since this area is being used to enhance
the development of the adjacent property, the value of this area would be about 50% of developable market value,
or $10 per square foot.
Using this data, staff has determined a value of $17,675.00 for the Construction, Access, Maintenance Easement
and the Drainage Easement, the Landscape Easement, the Temporary Construction Easement, and the
Revocable Permit. It is staff’s recommendation that we do not charge Encompass for these easements because
the enhanced riverbank improvements, landscaping improvements and tree trimming provide benefits to the City
that exceed the value of the easements.
June 4, 2013 -4- ITEM 28
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. Staff from Parks and Utilities have not identified
any concerns.
ATTACHMENTS
1. Location Map
2. Easement Exhibit
3. Temporary Easement Exhibit
EASEMENTS EXHIBIT Attachment 2
TEMPORARY EASEMENT EXHIBIT Attachment 3
ORDINANCE NO. 084, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF FOUR EASEMENTS, A TEMPORARY
CONSTRUCTION EASEMENT AND A REVOCABLE PERMIT ON CITY RIGHT-OF-WAY
AND CITY-OWNED PROPERTY TO LINDEN BRIDGES LLC FOR THE
ENCOMPASS-RIVER DISTRICT BLOCK ONE MIXED USE DEVELOPMENT
WHEREAS, the City of Fort Collins is the owner of the right-of-way for Linden Street
between Willow Street and the Poudre River (the “City Right-of-Way”); and
WHEREAS, the City is also the owner of a parcel of real property located adjacent to and
under the Poudre River as described on Exhibit “A”, attached and incorporated herein by reference
(the “River Parcel”); and
WHEREAS, the City Right-of-Way and the River Parcel are referred to herein as the “City
Property”; and
WHEREAS, Linden Bridges LLC (the “Developer”) is the owner of a parcel of real property
located at 418 Linden Street, adjacent to the City Property (the “Developer’s Property”); and
WHEREAS, the Developer has proposed a mixed-use development to be constructed on the
Developer’s Property, which would consist of one building with two floors of office space, two
floors of apartments, and a restaurant (the “Development”); and
WHEREAS, to facilitate the Development, the Developer has requested four permanent non-
exclusive easements on the City Property, as follows:
• an encroachment easement in the City Right-of-Way for a ramp, stairs, a
planter box, a deck, and upstairs balconies as described on Exhibit “B”,
attached and incorporated herein by reference (the “Encroachment
Easement”);
• a construction, access and maintenance easement on the River Parcel as
described on Exhibit “C”, attached and incorporated herein by reference (the
“Access Easement”);
• a drainage easement on the River Parcel for drainage from the Developer’s
Property to the Poudre River as described on Exhibit “D”, attached and
incorporated herein by reference (the “Drainage Easement”); and
• a landscape easement on the River Parcel as described on Exhibit “E”,
attached and incorporated herein by reference (the “Landscape Easement”);
and
WHEREAS, the Encroachment, Access, Drainage and Landscape Easements are collectively
referred to herein as the “Permanent Easements”; and
WHEREAS, the Developer would be required to maintain any improvements constructed
within the Permanent Easements; and
WHEREAS, the Developer has also requested a temporary construction easement to do
riverbank stabilization work as part of the Development, as shown on Exhibit “F”, attached and
incorporated herein by reference (the “TCE”); and
WHEREAS, the Developer has also requested the right to come onto a portion of the River
Parcel to trim existing trees and maintain the view of the Poudre River from the Development, and
City staff is recommending that this right be handled through a revocable permit (the “Revocable
Permit”); and
WHEREAS, the Revocable Permit would expire in twenty years if not sooner revoked, and
would require the Developer to consult with the City Forester before doing any tree trimming on the
River Parcel; and
WHEREAS, the area of the proposed Revocable Permit is described on Exhibit “G”, attached
and incorporated herein by reference; and
WHEREAS, the City does not have an established policy on setting compensation for
easements in the City’s rights-of-way; and
WHEREAS, in the absence of such a policy, compensation would be based on the fair market
value of the easement granted; and
WHEREAS, the Developer would be charged $13,449 as fair market value for the
Encroachment Easement; however, if the City Council, on or before December 31, 2013, adopts a
policy, whether by ordinance or resolution, for the granting of easements in the City’s rights-of-way,
including charges therefor, the Developer will instead pay compensation for the Encroachment
Easement based on the requirements of such policy, but not to exceed $13,449; and
WHEREAS, the total value of the other proposed Permanent Easements, the TCE and the
Revocable Permit is approximately $17,675, but City staff is recommending that the City not charge
for these property interests because the enhanced riverbank improvements, landscaping improvement
and tree trimming services that the Developer will undertake as part of the Development provide
benefits to the City that exceed this value; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any and all interests in real property owned in the name of the City, provided
that the City Council first finds, by ordinance, that such sale or other disposition is in the best
interests of the City; and
WHEREAS, Article XI, Section 10 of the City Charter states that the Council may grant a
permit for the use or occupation of any street, alley or public place, and that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the conveyance of the Permanent
Easements, the TCE and the Revocable Permit to the Developer as provided herein is in the best
interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Permanent Easements, TCE and Revocable Permit to the Developer on
terms and conditions consistent with this Ordinance, together with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City, including, but not limited to, any necessary changes
to the legal descriptions of the property interests to be conveyed, as long as such changes do not
materially increase the size or change the character of such property interests.
Introduced, considered favorably on first reading, and ordered published this 4th day of June,
A.D. 2013, and to be presented for final passage on the 18th day of June, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of June, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBIT "A"
Legal Description of the “River Parcel”
A tract of land situate in the SE1/4 of the NW1/4 of Section 12, Township 7 North, Range 69 West of the
6th P.M., Larimer County, Colorado, which is more particularly described as follows:
Considering the west line of the NW1/4 of said Section 12 as bearing N 0°06'56" W with all bearings
contained herein relative thereto; and commencing at the W1/4 corner of said Section 12; thence along
the south line of the NW1/4 of said Section 12 S 89°59'14" E 1847.34 feet to a point on the northeasterly
boundary of that tract described in Book 777, Page 414 of the Larimer County records and to the True
Point of Beginning of the tract of land to be herein described; thence along said northeasterly boundary
N 48°51'55" W 200.28 feet to a point on the northwesterly boundary of said tract; thence along said
northwesterly boundary S 41°08'05" W 16.00 feet to a point on the northeasterly boundary of that tract
described in Book 1205, Page 550 of the Larimer County records; thence N 48°51'16" W 64.65 feet to a
point on the easterly boundary of that tract described in Book 973, Page 57 of the Larimer County
records; thence along said easterly boundary N 24°25'55" W 314.27 feet to a point on the easterly
boundary of a tract described in Book 1132, Page 490 of the Larimer County records; thence along said
easterly boundary N 4°20'05" E 230.98 feet to a point on the southwesterly boundary of that tract
described in Book 1132, Page 491 of the Larimer County records; thence along said southwesterly
boundary and its northwesterly extension N 38°37'55" W 163.46 feet to the southeasterly line of Linden
Street; thence along said southeasterly line N 41°08'55" E 211.87 feet; thence S 19°38'12” E 271.75 feet;
thence S 7°57'06" E 289.81 feet; thence S 15°36’45" E 139.92 feet; thence S 36°54’12" E 139.95 feet;
thence S 61°00'29" E 199.94 feet; thence S 25°59'13" E 86.02 feet to a point on the northerly boundary
of a tract described in Book 1406, Page 775 of the Larimer County records; thence along the northerly
boundary of said tract N 89°57'00" W 29.60 feet to a point on the westerly boundary of said tract;
thence along said westerly boundary S 0"03'00" W 2.14 feet to a point on the south line of the NW1/4 of
said Section 12; thence along said south line N 89°59'14" W 150.83 feet to the Point of Beginning.
DESCRIPTION 1: LINDEN STREET ENCROACHMENT EASEMENT
An encroachment easement located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado being more particularly described as follows:
Considering the Northwesterly line of Block 1, City of Fort Collins as bearing South
41°41'10" West and with all bearings contained herein relative thereto:
COMMENCING at the Northerly corner of the proposed Lot 1, Block 1 of River
District Block One Mixed Use (said point being North 41° 41' 10" East, 464.00 feet
from the westerly corner of Block 1, City of Fort Collins); thence along the
Northwesterly line of Block 1, South 41° 41' 10" West, 176.45 feet to the POINT OF
BEGINNING; thence continuing along said Northwesterly line, South 41° 41' 10"
West, 26.12 feet; thence, North 48° 18' 52" West, 2.33 feet; thence, North 43° 35' 56"
East, 26.15 feet; thence, South 47° 58' 38" East, 1.46 feet to the POINT OF
BEGINNING, containing 50 square feet, more or less.
LMS
May 24, 2013
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Description 1.doc
N48°18'52"W
2.33'
N43°35'56"E
26.15'
S47°58'38"E
1.46'
S41°41'10"W
26.12'
LINDEN STREET
CACHE LA POUDRE RIVER
PROPOSED LOT 1, BLOCK 1
RIVER DISTRICT BLOCK
ONE MIXED USE
S41°41'10"W 176.45'
BASIS OF BEARINGS
NORTHWESTERLY LINE
OF BLOCK 1
ENCROACHMENT
EASEMENT
50 S.F.
N41°41'10"E 464.00'
WESTERLY CORNER
OF BLOCK 1,
CITY OF FORT COLLINS
EXHIBIT 1
AN ENCROACHMENT EASEMENT BEING A PORTION OF THE NORTHWEST 1/4 OF
SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
200 South College Avenue, Suite 010
Fort Collins, Colorado 80524
N O R T H E RN
PHONE: 970.221.4158 FAX: 970.221.4159
www.northernengineering.com
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Exhibits 5-12-13.dwg, 5/24/2013 1:43:40 PM, 1:1
DESCRIPTION 2: LINDEN STREET ENCROACHMENT EASEMENT
An encroachment easement located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado being more particularly described as follows:
Considering the Northwesterly line of Block 1, City of Fort Collins as bearing South
41°41'10" West and with all bearings contained herein relative thereto:
COMMENCING at the Northerly corner of the proposed Lot 1, Block 1 of River
District Block One Mixed Use (said point being North 41° 41' 10" East, 464.00 feet
from the westerly corner of Block 1, City of Fort Collins); thence along the
Northwesterly line of Block 1, South 41° 41' 10" West, 158.39 feet to the POINT OF
BEGINNING; thence continuing along said Northwesterly line, South 41° 41' 10"
West, 12.13 feet; thence, North 48° 18' 50" West, 6.00 feet; thence, North 41° 41' 10"
East, 12.12 feet; thence, South 48° 18' 50" East, 6.00 feet to the POINT OF
BEGINNING, containing 73 square feet, more or less.
LMS
May 24, 2013
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Description 2.doc
N48°18'50"W
6.00'
N41°41'10"E
12.12'
S48°18'50"E
6.00'
S41°41'10"W
12.13'
PROPOSED LOT 1, BLOCK 1
RIVER DISTRICT BLOCK
ONE MIXED USE
LINDEN STREET
CACHE LA POUDRE RIVER
BASIS OF BEARINGS
NORTHWESTERLY LINE
OF BLOCK 1
S41°41'10"W 158.39'
ENCROACHMENT
EASEMENT
73 S.F.
N41°41'10"E 464.00'
WESTERLY CORNER
OF BLOCK 1,
CITY OF FORT COLLINS
200 South College Avenue, Suite 010
Fort Collins, Colorado 80524
N O R T H E RN
PHONE: 970.221.4158 FAX: 970.221.4159
www.northernengineering.com
EXHIBIT 2
AN ENCROACHMENT EASEMENT BEING A PORTION OF THE NORTHWEST 1/4 OF
SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Exhibits 5-12-13.dwg, 5/24/2013 1:44:32 PM, 1:1
DESCRIPTION 3: LINDEN STREET ENCROACHMENT EASEMENT
An encroachment easement located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado being more particularly described as follows:
Considering the Northwesterly line of Block 1, City of Fort Collins as bearing South
41°41'10" West and with all bearings contained herein relative thereto:
COMMENCING at the Northerly corner of the proposed Lot 1, Block 1 of River
District Block One Mixed Use (said point being North 41° 41' 10" East, 464.00 feet
from the westerly corner of Block 1, City of Fort Collins); thence along the
Northwesterly line of Block 1, South 41° 41' 10" West, 39.33 feet to the POINT OF
BEGINNING; thence continuing along said Northwesterly line, South 41° 41' 10"
West, 73.63 feet; thence, North 47° 53' 17" West, 6.33 feet; thence, North 41° 41' 10"
East, 10.88 feet; thence, North 41° 18' 50" West, 12.32 feet; thence, North 48° 43' 04"
East, 58.55 feet; thence, South 48° 18' 50" East, 7.11 feet; thence, North 41° 41' 10"
East, 3.08 feet; thence, South 48° 18' 50" East, 4.28 feet to the POINT OF
BEGINNING, containing 971 square feet, more or less.
LMS
May 24, 2013
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Description 3.doc
N47°53'17"W 6.33'
N41°41'10"E 10.88'
N41°18'50"W 12.32'
N48°43'04"E
58.55'
S48°18'50"E 7.11'
N41°41'10"E 3.08'
S48°18'50"E
4.28'
S41°41'10"W
73.63'
PROPOSED LOT 1, BLOCK 1
RIVER DISTRICT BLOCK
ONE MIXED USE
BASIS OF BEARINGS
NORTHWESTERLY LINE
OF BLOCK 1
LINDEN STREET
CACHE LA POUDRE RIVER
S41°41'10"W
39.33'
ENCROACHMENT
EASEMENT
971 S.F.
N41°41'10"E 464.00'
WESTERLY CORNER
OF BLOCK 1,
CITY OF FORT COLLINS
200 South College Avenue, Suite 010
Fort Collins, Colorado 80524
N O R T H E RN
PHONE: 970.221.4158 FAX: 970.221.4159
www.northernengineering.com
EXHIBIT 3
AN ENCROACHMENT EASEMENT BEING A PORTION OF THE NORTHWEST 1/4 OF
SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Exhibits 5-12-13.dwg, 5/24/2013 1:45:52 PM, 1:1
DESCRIPTION 4: PERMANENT CONSTRUCTION, ACCESS AND
MAINTENANCE EASEMENT
A Permanent Construction, Access and Maintenance Easement located in the Northwest
Quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado being more particularly described as
follows:
Considering the Northwesterly line of Block 1, City of Fort Collins as bearing South
41°41'10" West and with all bearings contained herein relative thereto:
BEGINNING at the Northerly corner of the proposed Lot 1, Block 1 of River District
Block One Mixed Use (said point being North 41° 41' 10" East, 464.00 feet from the
westerly corner of Block 1, City of Fort Collins); thence, North 38° 04' 50" West, 27.72
feet; thence, North 41° 23' 02" East, 47.27 feet; thence, South 48° 03' 17" East, 28.14
feet; thence, South 25° 39' 41" East, 56.83 feet; thence, South 30° 36' 33" East, 83.64
feet; thence, South 41° 23' 53" West, 28.74 feet to the Northeasterly line of proposed
Lot 1; thence along said Northeasterly line, North 38° 04' 50" West, 135.03 feet to the
POINT OF BEGINNING, containing 6,534 square feet, more or less.
LMS
May 24, 2013
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Description 4.doc
N38°04'50"W
27.72'
N41°23'02"E
47.27'
S48°03'17"E
28.14'
S25°39'41"E
56.83'
S30°36'33"E 83.64'
PROPOSED LOT 1, BLOCK 1
RIVER DISTRICT BLOCK
ONE MIXED USE
BASIS OF BEARINGS
NORTHWESTERLY LINE
OF BLOCK 1
LINDEN STREET
CACHE LA POUDRE RIVER
PERMANENT CONSTRUCTION,
ACCESS AND MAINTENANCE
EASEMENT - 6,534 S.F.
S41°23'53"W
28.74'
N38°04'50"W 135.03'
S41°41'10"W
N41°41'10"E 464.00'
WESTERLY CORNER
OF BLOCK 1,
CITY OF FORT COLLINS
200 South College Avenue, Suite 010
Fort Collins, Colorado 80524
N O R T H E RN
PHONE: 970.221.4158 FAX: 970.221.4159
www.northernengineering.com
EXHIBIT 4
A PERMANENT CONSTRUCTION, ACCESS AND MAINTENANCE EASEMENT BEING A
PORTION OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Exhibits 5-12-13.dwg, 5/24/2013 1:46:40 PM, 1:1
DESCRIPTION 5: DRAINAGE EASEMENT
A Drainage Easement located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado being more particularly described as follows:
Considering the Northwesterly line of Block 1, City of Fort Collins as bearing South
41°41'10" West and with all bearings contained herein relative thereto:
COMMENCING at the Northerly corner of the proposed Lot 1, Block 1 of River
District Block One Mixed Use (said point being North 41° 41' 10" East, 464.00 feet
from the westerly corner of Block 1, City of Fort Collins); thence along the
Northeasterly line of proposed Lot 1, South 38° 04' 50" East, 101.75 feet to the POINT
OF BEGINNING; thence, North 52° 41' 33" East, 27.50 feet; thence, South 37° 46'
35" East, 20.00 feet; thence, South 52° 41' 33" West, 27.39 feet to the Northeasterly line
of proposed Lot 1; thence along said Northeasterly line, North 38° 04' 50" West, 20.00
feet to the POINT OF BEGINNING, containing 549 square feet, more or less.
LMS
May 24, 2013
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Description 5.doc
N38°04'50"W 20.00'
BASIS OF BEARINGS
NORTHWESTERLY LINE
OF BLOCK 1
LINDEN STREET
DRAINAGE
EASEMENT
549 S.F.
PROPOSED LOT 1, BLOCK 1
RIVER DISTRICT BLOCK
ONE MIXED USE
N52°41'33"E
27.50'
S37°46'35"E
20.00'
S52°41'33"W
27.39'
S38°04'50"E 101.75'
CACHE LA
POUDRE RIVER
S41°41'10"W
N41°41'10"E 464.00'
WESTERLY CORNER
OF BLOCK 1,
CITY OF FORT COLLINS
200 South College Avenue, Suite 010
Fort Collins, Colorado 80524
N O R T H E RN
PHONE: 970.221.4158 FAX: 970.221.4159
www.northernengineering.com
EXHIBIT 5
A DRAINAGE EASEMENT BEING A PORTION OF THE NORTHWEST 1/4 OF
SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Exhibits 5-12-13.dwg, 5/24/2013 1:47:46 PM, 1:1
DESCRIPTION 6: LANDSCAPE EASEMENT
A Landscape Easement located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado being more particularly described as follows:
Considering the Northwesterly line of Block 1, City of Fort Collins as bearing South
41°41'10" West and with all bearings contained herein relative thereto:
COMMENCING at the Northerly corner of the proposed Lot 1, Block 1 of River
District Block One Mixed Use (said point being North 41° 41' 10" East, 464.00 feet
from the westerly corner of Block 1, City of Fort Collins); thence along the
Northeasterly line of proposed Lot 1, South 38° 04' 50" East, 137.33 feet to the POINT
OF BEGINNING; thence, North 41° 23' 53" East, 13.09 feet; thence, South 20° 04'
16" East, 35.64 feet; thence, South 13° 16' 42" East, 16.85 feet; thence, South 29° 30'
36" East, 12.20 feet; thence, South 03° 49' 40" East, 20.38 feet; thence, South 03° 58'
09" West, 19.00 feet; thence, South 36° 50' 59" West, 10.13 feet; thence, South 01° 59'
39" West, 15.18 feet; thence, South 08° 37' 57" East, 17.53 feet; thence, South 14° 25'
44" West, 11.13 feet; thence, South 27° 42' 53" West, 11.90 feet; thence, South 57° 00'
19" West, 10.65 feet; thence, South 27° 15' 22" West, 9.52 feet to the Easterly line of
said proposed Lot 1; thence along the Easterly and Northeasterly lines of said proposed
Lot 1, North 04° 53' 10" East, 144.31 feet; thence, North 38° 04' 50" West, 28.42 feet to
the POINT OF BEGINNING, containing 2,206 square feet, more or less.
LMS
May 24, 2013
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Description 6.doc
WESTERLY CORNER
OF BLOCK 1,
CITY OF FORT COLLINS
CACHE LA POUDRE RIVER
N41°23'53"E 13.09'
S20°04'16"E 35.64'
S13°16'42"E 16.85'
S29°30'36"E 12.20'
S03°49'40"E 20.38'
S03°58'09"W 19.00'
S36°50'59"W 10.13'
S01°59'39"W 15.18'
S08°37'57"E 17.53'
S14°25'44"W 11.13'
S27°42'53"W 11.90'
S57°00'19"W 10.65'
S27°15'22"W 9.52'
N04°53'10"E 144.31'
N38°04'50"W 28.42'
PROPOSED LOT 1, BLOCK 1
RIVER DISTRICT BLOCK
ONE MIXED USE
BASIS OF BEARINGS
NORTHWESTERLY LINE
OF BLOCK 1
LINDEN STREET
S38°04'50"E 137.33'
LANDSCAPE
EASEMENT
2,206 S.F.
S41°41'10"W
N41°41'10"E 464.00'
S:\Survey Jobs\685-002\Dwg\Exhibits\685-002 Exhibits 5-12-13.dwg, 5/24/2013 1:48:30 PM, 1:1
200 South College Avenue, Suite 010
Fort Collins, Colorado 80524
N O R T H E RN
PHONE: 970.221.4158 FAX: 970.221.4159
www.northernengineering.com
EXHIBIT 6
A LANDSCAPE EASEMENT BEING A PORTION OF THE NORTHWEST 1/4 OF
SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
EXHIBIT F
Temporary Construction Easement Area
EXHIBIT G
Revocable Permit Area (shaded)