Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/02/2013 - SECOND READING OF ORDINANCE NO. 084, 2013 AUTHORIZDATE: July 2, 2013 STAFF: Helen Matson Craig Foreman AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 28 SUBJECT Second 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 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. This Ordinance, unanimously adopted on First Reading on June 4, 2013, authorizes the conveyance of several easements that are required for this project for improvements in the right-of-way, bank stabilization and River enhancement, drainage and landscape areas. At Council direction on First Reading, two alternatives for fees for the other proposed easements are provided. EXECUTIVE SUMMARY Due to questions and concerns raised by Council at the June 4 meeting regarding the easements for the work along the Poudre River, additional information is being provided. The current condition of the City-owned property does not meet City’s vision for the Poudre River. The River bank is nearly vertical with a slope of 2:1; the landscaping is all non-native and is in poor condition. In addition there is quite a bit of old concrete lining the banks. In this condition, the City’s property is not providing a high value habitat. Attachment 2 is a photo showing the existing conditions. The improvements planned by the Developer and approved by the City will provide many benefits to the City. The proposed bank is laid back, with proposed slopes that range from a 2:1 to a 4:1 ratio, which is superior to the current near vertical slope. All the dumped concrete will be removed. All the non-native vegetation will be replaced with native landscaping. Planning staff diligently worked with the Developer to ensure that the landscaping along the river bank and in the buffer area will provide a continuous shrub and tree cover with a sense of enclosure for pedestrians traveling along the proposed pathway. In the finished state, this area will exceed the vision of the City, as established by the Poudre River Enhancement Plan, which is an addendum to the Poudre Master Drainage Plan. Details of these improvements are provided in Attachment 3. Along with constructing these new improvements, the Developer will be permanently responsible for all maintenance, with the exception of the scour maintenance of the Linden Street Bridge. Compensation for Easements Staff recommends that the Developer pay $13,449 for the encroachment easements, or the approved policy amount, whichever is less. This amount is not due until the policy is adopted or December 31, 2013. At Council direction, two alternatives for fees for the other proposed easements are provided. • Alternative A Since the value of the enhanced improvements being provided by the Developer exceed the monetary value of the easements, the easement of $17,675 is waived. • Alternative B The Developer will pay the City the total value of the other Easements on City-owned Property, which is $17,675. July 2, 2013 -2- ITEM 28 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading, Alternative A.. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - June 4, 2013 (w/o attachments) 2. Photo of existing conditions 3. Details of bank stabilization and retaining walls 4. Powerpoint presentation COPY COPY COPY ATTACHMENT 1 DATE: 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. COPY COPY COPY 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. COPY COPY COPY 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. STAFF RECOMMENDATION COPY COPY COPY June 4, 2013 -4- ITEM 28 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 Attachment 2 – Page 1 of 3 - View is facing west towards Linden Street Bridge. Example of steep slopes and Siberian Elms. Forestry rated existing Willow as “fair”. The Willow will be removed and will be mitigated with three trees. ATTACHMENT 2 Attachment 2 – Page 2 of 3 – River view facing east. Example of concrete and aggregate with young Siberian Elms growing up the bank. Attachment 2 – Page 3 of 3 – View from Linden Street Bridge. Example of current riprap and rubble. With the bank stabilization going all the way to the bridge, the aesthetics will be improved as compared to existing. 1 Agenda Item #28 Second 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 July 2, 2013 ATTACHMENT 4 2 3 4 5 Figure 1: Poudre River Enhancement Project Developed in 2003, an addendum to the Poudre River Master Drainage Plan On the right bank (the side of the river where Block One is proposed), a retaining wall is illustrated. 6 Figure 2: Block One Perspective Drawing Exhibit 1, below, illustrates the location of the two retaining walls on the site, which range in exposure (above ground) from 1’-7” (top wall) to 2’-6” (lower wall). Note that extensive vegetation (a continuous buffer) will be planted in front of the walls so that the walls will not be visible once the plant material is established. 7 Figure 3: Block One Site Plans Above: Station 11+25’ illustrating bioengineering and retaining walls Right: Landscape plan which illustrates the walls interspersed with shrub and grass plantings to create a more naturalized river stabilization. 8 Figure 4: Block One Site Plans Technical specification provided by the manufacturer of the retaining wall. Note that the wall’s exposure ranges from 1’-7” to 2’-6” (blue boxes highlight where the exposed wall sections are). 9 10 10 11 11 12 13 Easements Compensation Staff recommends that the Developer pay $13,449 for the encroachment easements, or the approved policy amount. This amount is not due until the policy is adopted or 12/31/2013. At Council direction, two alternatives for fees for the other proposed easements on City-owned Property are provided. 14 Easements Compensation (continued) • Alternative A: Since the value of the enhanced improvements being provided by the Developer exceed the monetary value of the easements, the easement fee of $17,675 is waived; or • Alternative B: The Developer will pay the City the total value of the other easements on City- owned Property, which is $17,675. Staff recommends adoption of the Ordinance on Second Reading, Alternative A. 15 This Concludes Our Presentation 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 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 [ALTERNATIVE A] 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 [ALTERNATIVE B] WHEREAS, the Developer will also pay the City the total value of the other proposed Permanent Easements, the TCE and the Revocable Permit, which is approximately $17,675; 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 -2- 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: [ALTERNATIVE A] Section 1. That the benefits that the City will receive from conveying the Permanent Easements, the TCE and the Revocable Permit to the Developer, as recited above, exceed the difference between the fair market value of those property interests and the amount the Developer will pay the City for the property interests. Section 12. That the City Council herebytherefore 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 23. 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. [ALTERNATIVE B] Section 1. That the Developer will pay fair market value (or such other amount as may be determined under a future policy) for the Encroachment Easement and will pay fair market value for the other Permanent Easements, and the City will also benefit from the improvements the Developer will make on the River Parcel. Section 12. That the City Council herebytherefore 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 23. 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. -3- Introduced, considered favorably on first reading, and ordered published this 11th day of June, A.D. 2013, and to be presented for final passage on the 2nd day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 2nd day of July, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -4- 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)