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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/19/2013 - ITEMS RELATING TO EXPANDING THE BOUNDARIES OF THEDATE: March 19, 2013 STAFF: Matt Robenalt Todd Dangerfield AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT Items Relating to Expanding the Boundaries of the Downtown Development Authority. A. Second Reading of Ordinance No. 045, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority to Include Property Presently Known as the Max Flats Properties. B. Second Reading of Ordinance No. 049, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority to Include Property Presently Known as the Link-N-Greens Property. EXECUTIVE SUMMARY These Ordinances, unanimously adopted on First Reading on March 5, 2013, expand the boundaries of the Fort Collins Downtown Development Authority and amend the Plan of Development of the Authority to include a property in the 200 block of West Mulberry Street and a property in the 700 block of East Lincoln Avenue. The properties include the former locations of Mason Automotive and King’s Auto (southwest corner of Mulberry and Mason Streets) and the Link-N-Greens golf course. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - March 5, 2013 (w/o attachments) 2. Location map showing entire DDA boundary, including proposed inclusions. COPY COPY COPY COPY ATTACHMENT 1 DATE: March 5, 2013 STAFF: Matt Robenalt Todd Dangerfield AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT Items Relating to Expanding the Boundaries of the Downtown Development Authority. A. First Reading of Ordinance No. 045, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority to Include Property Presently Known as the Max Flats Properties. B. First Reading of Ordinance No. 049, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority to Include Property Presently Known as the Link-N-Greens Property. EXECUTIVE SUMMARY This item is a request to expand the boundaries of the Fort Collins Downtown Development Authority (DDA) and amend the Plan of Development of the Authority to include a property in the 200 block of West Mulberry Street and a property in the 700 block of East Lincoln Avenue. The properties include the former locations of Mason Automotive and King’s Auto (southwest corner of Mulberry and Mason Streets) and the Link-N-Greens golf course. BACKGROUND / DISCUSSION Currently the DDA boundary includes properties on Mason Street from the north down to West Mulberry Street and from the south up to West Myrtle Street. On the eastern edge, the boundary extends east along Lincoln Avenue and includes several properties along the north frontage (800, 1014 and 1020 East Lincoln) and one property on the south frontage (221 East Lincoln). The DDA has received formal petitions from both property owners seeking inclusion. The two requests have been combined in order to save time and the resources of staff, legal counsel and City Council. Petitioners: 1. 203 W. Mulberry, LLC (a Colorado limited liability company) Owner contact: Kevin Brinkman. 203 West Mulberry Street (parcel also includes 519 South Mason Street) 2. James P. Hoffman Trust, Ruth N. Hoffman Trust, Dorothy A. Whisler Revocable Trust, Link-N-Greens, Inc. (Link N Greens) Owner contact: Rich Shannon. 777 East Lincoln Avenue The owners of these properties have voluntarily submitted Petitions for Inclusion of Properties requesting that lands be placed in the DDA district boundary. The criteria for inclusion of additional property into the DDA boundary area pursuant to Section 31-25-822 have been reviewed by DDA legal counsel, adjacency to the existing DDA Boundary, and evidence of ownership of the property has been documented. Inclusion of these properties is supported by the DDA policy for future inclusions. In 2009, the DDA Board established a policy to guide future inclusions of property into the district. A thorough examination of land adjacent to the DDA boundary was evaluated for compatibility with the DDA’s mission and vision, and the properties associated with the Petitioners’ requests were considered acceptable because of the desired infill potential and underlying mixed-use zoning. This inclusion of property resulting in a boundary line adjustment will effectively amend the DDA’s Plan of Development. The DDA Board of Directors took action on February14, 2013 and recommended the Council amend the Plan of Development boundary area. COPY COPY COPY COPY March 5, 2013 -2- ITEM 21 There are public benefits associated with the proposed inclusion of these properties: The property located at the corner of West Mulberry Street/Mason Street is zoned to allow mixed-use and higher density infill redevelopment. The property is immediately adjacent to the MAX Bus Rapid Transit line which ideally suits it for more intensive urban level development. The Link-N-Greens area is commercially zoned to support a large-scale redevelopment and is in an area requiring additional infrastructure to serve the site, including mitigation of floodplain concerns and river habitat and natural area restoration needs. FINANCIAL / ECONOMIC IMPACTS The Petition submitted by 203 W Mulberry, LLC (Brinkman Max Flats) is a voluntary request, and this Petitioner understands that upon inclusion into the DDA Boundary the Petitioner’s property will be subject to an increase of 5 mills to the current area mills rate of 93.312 mills, for a new total of 98.312 mills. The annual net fiscal impact to the DDA is positive and is estimated to result in approximately $655.00 in new operating revenue based on the current value of the property. This net fiscal impact estimate does not include future tax increment revenues that could be realized when the property redevelops. The Petition submitted by James P. Hoffman Trust, Ruth N. Hoffman Trust, Dorothy A. Whisler Revocable Trust, Link- N-Greens, Inc. (Link N Greens) is a voluntary request, and the Petitioners understand that upon inclusion into the DDA Boundary the Petitioners’ property will be subject to an increase of 5 mills to the current area mills rate of 93.312 mills, for a new total of 98.312 mills. The annual net fiscal impact to the DDA is positive and is estimated to result in approximately $1,220.00 in new operating revenue based on the current value of the properties. This net fiscal impact estimate does not include future tax increment revenues that could be realized when the property redevelops. The inclusion of the property described herein within the boundaries of the DDA Boundary would not occur unless a deed of conveyance of the Link-N-Greens Property by the owners thereof to Woodward, Inc. is recorded with the Larimer County Clerk and Recorder before January 1, 2014. ENVIRONMENTAL IMPACTS There is no direct impact on the environment by the proposed boundary inclusion. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The Downtown Development Authority Board of Directors voted unanimously to recommend City Council inclusion of the properties, as requested by the property owners (“Petitioners”) located in both the 200 block of West Mulberry Street and the 700 block of East Lincoln Avenue into the DDA boundary area at its regular meeting on February 14, 2013. PUBLIC OUTREACH While no outreach was required or conducted for this item specifically, a DDA Board of Directors meeting was publicly advertised prior to and conducted on February 14, 2013 where the Board of Directors adopted a resolution recommending the Council amend the Plan of Development boundary area in accordance with DDA statute. COPY COPY COPY COPY March 5, 2013 -3- ITEM 21 ATTACHMENTS 1. Location map showing entire DDA Boundary including proposed inclusion. 2. Location map showing aerial view of proposed 203 West Mulberry Street inclusion. 3. Resolution 2013-02 of the Board of Directors of the Fort Collins Downtown Development Authority, including three exhibits. 4. Location map showing aerial view of proposed East Lincoln Avenue (Link-N-Greens) inclusion. 5. Resolution 2013-01 of the Board of Directors of the Fort Collins Downtown Development Authority, including three exhibits. ATTACHMENT 2 ORDINANCE NO. 045, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY TO INCLUDE PROPERTY PRESENTLY KNOWN AS THE MAX FLATS PROPERTIES WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, creating a Downtown Development Authority (the “Authority”) and establishing the boundaries of the Downtown Development District (the “District”); and WHEREAS, on September 8, 1981, by Resolution 1981-129, the City Council approved the Fort Collins Downtown Development Authority Plan of Development (the “Plan of Development”), which also describes the boundaries of the District; and WHEREAS, pursuant to Section 31-25-822, C.R.S., subsequent to the organization of a downtown development authority, additional property may be included in the district of the authority, pursuant to a petition signed by the owner or owners in fee of each parcel of land sought to the included; and WHEREAS, if the board of directors of the authority approves said application, the board of directors is to then submit the application to the governing body of the municipality in which the district is contained and, if the governing body also approves the application, it is to amend the ordinance creating the authority so as to include the additional property as described in the petition; and WHEREAS, the City Council has, on twelve previous occasions, amended Ordinance No. 046, 1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No. 002, 1983; Ordinance No. 002, 1993; Ordinance No. 199, 1998; Ordinance No. 148, 2000; Ordinance No. 038, 2004; Ordinance No. 067, 2004; Ordinance No. 099, 2005; Ordinance No. 035, 2008; Ordinance No. 067, 2008; Ordinance No. 080, 2009; and Ordinance No. 022, 2010 (the “Amending Ordinances”); and WHEREAS, the Board of Directors of the Authority (the “Board”) has received a petition for the inclusion of three (3) parcels of property into the boundaries of the District from the fee owner thereof; and WHEREAS, the legal description and the name of the fee owner of each property which is the subject of a petition for inclusion referred to herein (referred to collectively herein as the “Properties” or the “Max Flat Properties”) are set forth on Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the addition of the Properties into the District would further the objectives and purposes of the Authority as contained in the Plan of Development and has, by Resolution 2013-02, recommended approval of the inclusion of such Properties by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the inclusion of the following Properties into the boundaries of the District and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development: Parcel I: The West 35 feet of Lot 3, Block 105, Harrison's Addition to the City of Fort Collins, County of Larimer, State of Colorado. Parcel II: The East 65 feet of Lot 3, Block 105, Harrison's Addition to the City of Fort Collins, County of Larimer, State of Colorado. Parcel III: The North ½ of the E ½ of Lot 1, Block 105, Harrison's Addition to the City of Fort Collins, County of Larimer, State of Colorado. Parcel IV: The West ½ of Lot 1, Block 105, Harrison's Addition to the City of Fort Collins, Except the South 95 feet thereof as described in Deed recorded September 27, 1988 as Reception No. 88046344, County of Larimer, State of Colorado. -2- Parcel V: Beginning at the Northeast corner of Lot 1, Block 105, Harrison's Addition to the City of Fort Collins, Colorado, And run thence West 100.00 feet to the Northwest corner of said Lot 1, Thence North 20.00 feet to the Southwest corner of Lot 3, said Block 105; Thence East 35.00 feet, Thence South 10 feet, Thence East 65 feet parallel to the North line of said Lot 1, Thence South 10 feet to the Point of Beginning, County of Larimer, State of Colorado. Parcel VI: Beginning at the Northeast corner of Lot 1, Block 105, Harrison's Addition to the City of Fort Collins, Colorado, And run thence West 100.00 feet to the Northwest corner of said Lot 1, Thence North 20.00 feet to the Southwest corner of Lot 3, said Block 105, Thence East 35.00 feet to the True Point of Beginning, Thence South 10 feet, Thence East 65 feet parallel to the North line of said Lot 1, Thence North 10 feet to the Southeast corner of Lot 3 of Harrison's Addition to the City of Fort Collins, Thence West 65 feet along South line of said Lot 3 to the True Point of Beginning, County of Larimer, State of Colorado. Also described as follows in the records of the Larimer County Assessor: 1. Parcel No. 97141-06-007; 2. Parcel No. 97141-06-001; and 3. Parcel No. 97141-06-022. Section 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances) be, and hereby is, further amended by deleting the legal description contained therein, which description establishes the boundaries of the District, and by substituting the following therefor: BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE INTERSECTION OF THE CENTERLINE OF LAUREL STREET AND THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST HALF OF LOT 12, BLOCK 116 HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENDED LINE, TO THE NORTH RIGHT OF WAY LINE OF LAUREL STREET; -3- THENCE EASTERLY ALONG THE SAID RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN THE SAID BLOCK 116; THENCE NORTHERLY ALONG THE SAID RIGHT OF WAY LINE TO THE NORTH LINE OF LOT 12 BLOCK 116; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE 60.00 FEET; THENCE WESTERLY TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 37.50 FEET OF LOT 11 BLOCK 116; THENCE EASTERLY TO THE SAID EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE NORTH RIGHT OF WAY LINE OF THE SAID EAST WEST ALLEY IN BLOCK 116; THENCE EASTERLY ALONG THE SAID NORTH LINE, TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 37.50 FEET OF THE SOUTH 50 FEET OF LOT 10 BLOCK 116; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF LOT 5 BLOCK 106 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 AND ITS EXTENSION TO THE EAST LINE OF THE WEST 60 FEET OF LOT 6 BLOCK 106; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 65 FEET OF THE SAID LOT 5 BLOCK 106; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 90 FEET OF THE SAID LOT 5 BLOCK 106; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE SAID WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO A LINE WHICH IS 58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 9 BLOCK 116 HARRISON’S ADDITION; THENCE SOUTHERLY ALONG THE SAID PARALLEL LINE TO THE SOUTH LINE OF THE SAID LOT 9; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN BLOCK 116; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE WESTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 74.00 FEET OF LOT 8 BLOCK 116; THENCE NORTHERLY ALONG THE EXTENDED LINE OF THE SAID EAST 74.00 FEET OF LOT 8 TO THE CENTERLINE OF THE SAID WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF THE SAID NORTH SOUTH ALLEY IN BLOCK 116; THENCE ALONG THE NORTHERLY EXTENSION OF THE SAID CENTERLINE OF THE ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH BLOCK 115 HARRISON’S ADDITION, TO THE CENTER 0F MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE EAST RIGHT OF WAY OF MASON STREET; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 1, BLOCK 105, HARRISON’S ADDITION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID LOT 1; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 1, AND ITS EXTENSION, AND ALONG THE WEST LINE OF LOT 3, BLOCK 105 HARRISON’S ADDITION AND ITS EXTENSION TO THE CENTER LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENSION AND ALONG THE SAID CENTERLINE TO THE EASTERLY EXTENSION OF -4- THE SOUTH LINE OF THE NORTH HALF OF LOT 10 BLOCK 96 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE, TO THE NORTH LINE OF THE SOUTH HALF OF LOT 9 BLOCK 96 HARRISON’S ADDITION; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID CENTERLINE, TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE CENTERLINE OF MULBERRY STREET; THENCE EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET; THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH- SOUTH ALLEY IN BLOCK 51; THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5, BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, TO THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26, TO THE CENTERLINE OF COLLEGE AVENUE; THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12, T7N, R69W OF THE SIXTH P.M.; THENCE (CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST AS BEARING S89°58'19"E AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12, S00°07'56"W 46.77 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF- -5- WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF- WAY LINE, N88°18'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, N01°16'55"W 208.11 FEET, AND AGAIN S85°23'42"W 65.98 FEET, AND AGAIN N55°34'00"W 253.90 FEET, AND AGAIN N18°51'00"E 34.17 FEET, AND AGAIN N73°33'44"E 105.85 FEET, AND AGAIN N12°50'18"E 71.56 FEET, AND AGAIN N10°20'00"W 42.66 FEET, AND AGAIN N41°50'00"W 84.01 FEET, AND AGAIN N51°15'00"W 193.28 FEET, AND AGAIN N67°26'23"W 74.87 FEET; THENCE N18°50'30"E 108.60 FEET; THENCE N89°59'13"E 1484.20 FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N86°47'41"E 140.22 FEET, AND AGAIN N80°04'26"E 40.61 FEET, AND AGAIN N87°42'34"E 125.10 FEET, AND AGAIN N70°02'35"E 120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S67°39'55"E 180.15 FEET, AND AGAIN S00°01'55"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88°18'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE, S00°01'59"E 581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D., S88°18'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING; THENCE ALONG THE EAST LINE OF SAID LOT 2 AND ITS SOUTHERLY EXTENSION, S00°01'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF- WAY LINE OF BUCKINGHAM STREET; THENCE ALONG THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE WESTERLY ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY DEED RECORDED AT RECEPTION NO. 20080043084 LARIMER COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE, WESTERLY TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE SAID WEST LINE AND ITS EXTENSION, TO THE NORTHEAST CORNER OF LOT 23, REPLAT OF NORTH LEMAY SUBDIVISION, SECOND FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 23, TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23 AND ALONG THE SOUTHWESTERLY LINE OF LOT 3, VANWORKS SUBDIVISION SECOND FILING TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE AND ITS SOUTHERLY EXTENSION, TO THE NORTHEAST CORNER OF LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET; THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID EXISTING SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID NORTH RIGHT -6- OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF LOT 2, ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER OF THE SAID LOT 2; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID LOT 1; THENCE ALONG THE EAST LINE OF THE SAID LOT 1, SOUTHERLY TO THE SOUTHEAST CORNER OF THE SAID LOT 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE; THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO), RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) NORTH 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES OO SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET, AN ARC DISTANCE OF 14.48 FEET, A CHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID -7- SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY TO THE EAST LINE OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6, 2004 AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY; THENCE ALONG THE EAST LINE OF THE SAID IN-SITU SUBDIVISION SOUTHERLY, WESTERLY AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION TO THE WEST LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SAID WEST LINE OF THE IN-SITU SUBDIVISION, NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17, AND ITS SOUTHERLY EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE EAST RIGHT OF WAY OF MATHEWS STREET; THENCE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY TO THE CENTERLINE OF EAST OAK STREET; THENCE WESTERLY ALONG THE CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE WESTERLY EXTENSION OF THE NORTH LINE OF TRACT TWO OAKPARK PUD; THENCE EASTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE SOUTH LINE OF THE SAID TRACT TWO OAKPARK PUD; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY T0 A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE OF OLIVE STREET; THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8, BLOCK 143; THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143; THENCE WEST TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133; THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15, BLOCK 133; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH- SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE -8- INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON THE CENTERLINE OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. Section 3. That the Plan of Development is hereby amended by the City Council so as to delete the legal description of the boundaries of the District contained on page 3 thereof, and to substitute therefor the legal description contained in Section 2 of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -9- Exhibit “A” Legal Descriptions and Fee Owners of Property To be included in District A tract of land located in the Southeast Quarter of Section 12, Township 7 North, Range 69 West and the Southwest Quarter of Section 7, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 12 as bearing North 89°29'04" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 12; thence along the North line of said Southeast Quarter, North 89°29'04” West, 81.40 feet to the POINT OF BEGINNING; thence, South 10°44'56” West, 40.66 feet to the northwest corner of that tract of land described at Reception No. 94091198, recorded with the Larimer County Clerk and Recorder; thence, along the west and southerly lines of said Reception No. 94091198 the following 3 courses and distances, South 10° 44' 56" West, 314.08 feet; thence, South 71° 25' 09" East, 198.03 feet; thence, North 87° 59' 46" East, 138.53 feet to the westerly right-of-way line of North Lemay Avenue; thence along said westerly right-of-way line the following 6 courses and distances beginning with a curve concave to the West having a central angle of 25° 27' 37", a radius of 930.93 feet, an arc length of 413.68 feet, and the chord of which bears South 10° 56' 48" East, 410.28 feet; thence, South 01° 47' 03" West, 1519.07 feet to a point on the west line of that tract of land described at Reception No. 20050097395, recorded with the Larimer County Clerk and Recorder; thence, along said west line the following 4 courses and distances, South 05° 25' 37" West, 59.94 feet; thence, South 02° 03' 31" West, 64.95 feet; thence along a curve concave to the West having a central angle of 17° 18' 36", a radius of 299.50 feet, an arc length of 90.48 feet, and the chord of which bears South 10° 42' 48" West, 90.14 feet; thence, South 19° 22' 04" West, 13.69 feet to the north line of East Mulberry Street; thence, along said north line the following 2 courses and distances, North 89° 47' 09" West, 205.09 feet; thence, North 89° 38' 44" West, 127.10 feet to the southeast corner of Lot 2, Springer Third Subdivision, a plat of record with the Larimer County Clerk and Recorder; thence along the easterly line of said Lot 2 the following 4 courses and distances beginning with a curve concave to the West having a central angle of 30° 50' 23", a radius of 1013.60 feet, an arc length of 545.58 feet, and the chord of which bears North 19° 18' 37" West, 539.01 feet; thence along a curve concave to the northeast having a central angle of 04° 42' 22", a radius of 487.50 feet, an arc length of 40.04 feet, and the chord of which bears North 32° 23' 02" West, 40.03 feet; thence along a curve concave to the Southwest having a central angle of 13° 56' 38", a radius of 512.50 feet, an arc length of 124.73 feet, and the chord of which bears North 36° 59' 47" West, 124.42 feet; thence along a curve concave to the Southwest having a central angle of 00° 36' 28", a radius of 1023.60 feet, an arc length of 10.86 feet, and the chord of which bears North 44° 16' 20" West, 10.86 feet to the north corner of said Lot 2; thence along the northwesterly line of said Lot 2, South 22° 29' 42" West, 24.98 feet to a point on the northeasterly line of that tract of land described in Book 883, Page 318, recorded with the Larimer County Clerk and Recorder; thence along said northeasterly line the following 2 courses and distances beginning with a curve concave to the Southwest having a central angle of 14° 52' 11", a radius of 998.60 feet, an arc length of 259.16 feet, and the chord of which bears North 51° 43' 42" West, 258.43 feet; thence, North 59° 09' 48" West, 276.50 feet to the northwest corner of said tract of land described in Book 883, Page 318; thence along the west line of said tract of land, South 00° 20' 12" West, 239.20 feet to a point on the north line of the Wastewater Treatment Plant No.1, a plat of record with the Larimer County Clerk and Recorder; thence along said north line the following 4 courses and distances, North 53° 16' 04" West, 5.70 feet; thence, North 79° 09' 04" West, 251.50 feet; thence, North 88° 17' 04" West, 452.30 feet; thence, South 41° 12' 56" West, 89.29 feet; thence, North 79° 27' 04" West, 590.41 feet; thence, North 09° 34' 10" East, 985.84 feet to the southeast corner of Baldwin Minor Subdivision; thence along the east line of said Baldwin Minor Subdivision, North 09° 34' 10" East, 813.89 feet to a point on the north line of the Southeast Quarter of said Section 12; thence along said north line, South 89° 29' 04" East, 1848.09 feet to the Point of Beginning. The above described area contains 4,427,328 square feet or 101.637 acres more or less and is subject to all easements and rights-of-way (including E. Lincoln Avenue) now on record or existing. Also described as follows in the records of the Larimer County Assessor: 1. 1. Parcel No. 97124-00-062; 2. 2. Parcel No. 97124-00-071; 3. 3. Parcel No. 97124-00-006; 4. 4. Parcel No. 87073-00-096; 5. 5. Parcel No. 97124-00-005; 6. 6. Parcel No. 97124-00-017; and 7. 7. Parcel No. 87073-00-099. Fee Owners: James P. Hoffman Trust Ruth N. Hoffman Trust Dorothy A. Whisler Revocable Trust Link-n-Greens, Inc. ORDINANCE NO. 049, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY TO INCLUDE PROPERTY PRESENTLY KNOWN AS THE LINK-N-GREENS PROPERTY WHEREAS, on April 21, 1981, the City Council of the City of Fort Collins, Colorado (“City Council”) adopted Ordinance No. 046, 1981, creating a Downtown Development Authority (the “Authority”) and establishing the boundaries of the Downtown Development District (the “District”); and WHEREAS, on September 8, 1981, by Resolution 1981-129, the City Council approved the Fort Collins Downtown Development Authority Plan of Development (the “Plan of Development”), which also describes the boundaries of the District; and WHEREAS, pursuant to Section 31-25-822, C.R.S., subsequent to the organization of a downtown development authority, additional property may be included in the district of the authority, pursuant to a petition signed by the owner or owners in fee of each parcel of land sought to the included; and WHEREAS, if the board of directors of the authority approves said application, the board of directors is to then submit the application to the governing body of the municipality in which the district is contained and, if the governing body also approves the application, it is to amend the ordinance creating the authority so as to include the additional property as described in the petition; and WHEREAS, the City Council has, on thirteen previous occasions, amended Ordinance No. 046, 1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No. 002, 1983; Ordinance No. 002, 1993; Ordinance No. 199, 1998; Ordinance No. 148, 2000; Ordinance No. 038, 2004; Ordinance No. 067, 2004; Ordinance No. 099, 2005; Ordinance No. 035, 2008; Ordinance No. 067, 2008; Ordinance No. 080, 2009; Ordinance No. 022, 2010 and Ordinance No. 045, 2013 (the “Amending Ordinances”); and WHEREAS, the Board of Directors of the Authority (the “Board”) has received petitions for the inclusion of seven (7) parcels of property into the boundaries of the District from the fee owners thereof, subject to the condition precedent that the inclusion will not occur unless and until a deed of conveyance of the such properties by the owners thereof to Woodward, Inc. is recorded with the Larimer County Clerk and Recorder before January 1, 2014; WHEREAS, the legal description and the name of the fee owners of the property which is the subject of a petition for inclusion referred to herein (referred to herein as the “Property” or the “Link-N-Greens Property”) are set forth on Exhibit “A” attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the addition of the Property into the District would further the objectives and purposes of the Authority as contained in the Plan of Development and has, by Resolution 2013-01, recommended approval of the inclusion of such Property by the City Council provided that the inclusion will not occur unless a deed of conveyance of the Property by the owners thereof to Woodward, Inc. is recorded with the Larimer County Clerk and Recorder before January 1, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the inclusion of the following Property into the boundaries of the District and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development: A tract of land located in the Southeast Quarter of Section 12, Township 7 North, Range 69 West and the Southwest Quarter of Section 7, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 12 as bearing North 89°29'04" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 12; thence along the North line of said Southeast Quarter, North 89°29'04” West, 81.40 feet to the POINT OF BEGINNING; thence, South 10°44'56” West, 40.66 feet to the northwest corner of that tract of land described at Reception No. 94091198, recorded with the Larimer County Clerk and Recorder; thence, along the west and southerly lines of said Reception No. 94091198 the following 3 courses and distances, South 10° 44' 56" West, 314.08 feet; thence, South 71° 25' 09" East, 198.03 feet; thence, North 87° 59' 46" East, 138.53 feet to the westerly right-of-way line of North Lemay Avenue; thence along said westerly right-of-way line the following 6 courses and distances beginning with a curve concave to the West having a central angle of 25° 27' 37", a radius of 930.93 feet, an arc length of 413.68 feet, and the chord of which bears South 10° 56' 48" East, 410.28 feet; thence, South 01° 47' 03" West, 1519.07 feet to a point on the west line of that tract of land described at Reception No. 20050097395, recorded with the Larimer County Clerk and Recorder; thence, along said west line the following 4 courses and distances, South 05° 25' 37" West, 59.94 feet; thence, South 02° 03' 31" West, 64.95 feet; thence along a curve concave to the West having a central angle of 17° 18' 36", a radius of 299.50 feet, an arc length of 90.48 feet, and the chord of which bears South 10° 42' 48" West, 90.14 feet; thence, South 19° 22' 04" West, 13.69 feet to the north line of East Mulberry Street; thence, along said north line the following 2 courses and distances, North 89° 47' 09" West, 205.09 feet; thence, North 89° 38' 44" West, 127.10 feet to the southeast corner of Lot 2, Springer Third Subdivision, a plat of record with the Larimer County Clerk and Recorder; thence along the easterly line of said Lot 2 the following 4 courses and distances beginning with a curve concave to the West having a central angle of 30° -2- 50' 23", a radius of 1013.60 feet, an arc length of 545.58 feet, and the chord of which bears North 19° 18' 37" West, 539.01 feet; thence along a curve concave to the northeast having a central angle of 04° 42' 22", a radius of 487.50 feet, an arc length of 40.04 feet, and the chord of which bears North 32° 23' 02" West, 40.03 feet; thence along a curve concave to the Southwest having a central angle of 13° 56' 38", a radius of 512.50 feet, an arc length of 124.73 feet, and the chord of which bears North 36° 59' 47" West, 124.42 feet; thence along a curve concave to the Southwest having a central angle of 00° 36' 28", a radius of 1023.60 feet, an arc length of 10.86 feet, and the chord of which bears North 44° 16' 20" West, 10.86 feet to the north corner of said Lot 2; thence along the northwesterly line of said Lot 2, South 22° 29' 42" West, 24.98 feet to a point on the northeasterly line of that tract of land described in Book 883, Page 318, recorded with the Larimer County Clerk and Recorder; thence along said northeasterly line the following 2 courses and distances beginning with a curve concave to the Southwest having a central angle of 14° 52' 11", a radius of 998.60 feet, an arc length of 259.16 feet, and the chord of which bears North 51° 43' 42" West, 258.43 feet; thence, North 59° 09' 48" West, 276.50 feet to the northwest corner of said tract of land described in Book 883, Page 318; thence along the west line of said tract of land, South 00° 20' 12" West, 239.20 feet to a point on the north line of the Wastewater Treatment Plant No.1, a plat of record with the Larimer County Clerk and Recorder; thence along said north line the following 4 courses and distances, North 53° 16' 04" West, 5.70 feet; thence, North 79° 09' 04" West, 251.50 feet; thence, North 88° 17' 04" West, 452.30 feet; thence, South 41° 12' 56" West, 89.29 feet; thence, North 79° 27' 04" West, 590.41 feet; thence, North 09° 34' 10" East, 985.84 feet to the southeast corner of Baldwin Minor Subdivision; thence along the east line of said Baldwin Minor Subdivision, North 09° 34' 10" East, 813.89 feet to a point on the north line of the Southeast Quarter of said Section 12; thence along said north line, South 89° 29' 04" East, 1848.09 feet to the Point of Beginning. The above described area contains 4,427,328 square feet or 101.637 acres more or less and is subject to all easements and rights-of-way (including E. Lincoln Avenue) now on record or existing. Also described as follows in the records of the Larimer County Assessor: 1. Parcel No. 97124-00-062; 2. Parcel No. 97124-00-071; 3. Parcel No. 97124-00-006; 4. Parcel No. 87073-00-096; 5. Parcel No. 97124-00-005; 6. Parcel No. 97124-00-017; and 7. Parcel No. 87073-00-099; Section 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances) be, and hereby is, further amended by deleting the legal description contained therein, -3- which description establishes the boundaries of the District, and by substituting the following therefor: BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE INTERSECTION OF THE CENTERLINE OF LAUREL STREET AND THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST HALF OF LOT 12, BLOCK 116 HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENDED LINE, TO THE NORTH RIGHT OF WAY LINE OF LAUREL STREET; THENCE EASTERLY ALONG THE SAID RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN THE SAID BLOCK 116; THENCE NORTHERLY ALONG THE SAID RIGHT OF WAY LINE TO THE NORTH LINE OF LOT 12 BLOCK 116; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE 60.00 FEET; THENCE WESTERLY TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 37.50 FEET OF LOT 11 BLOCK 116; THENCE EASTERLY TO THE SAID EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE NORTH RIGHT OF WAY LINE OF THE SAID EAST WEST ALLEY IN BLOCK 116; THENCE EASTERLY ALONG THE SAID NORTH LINE, TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 37.50 FEET OF THE SOUTH 50 FEET OF LOT 10 BLOCK 116; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF LOT 5 BLOCK 106 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 AND ITS EXTENSION TO THE EAST LINE OF THE WEST 60 FEET OF LOT 6 BLOCK 106; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 65 FEET OF THE SAID LOT 5 BLOCK 106; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 90 FEET OF THE SAID LOT 5 BLOCK 106; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE SAID WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO A LINE WHICH IS 58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 9 BLOCK 116 HARRISON’S ADDITION; THENCE SOUTHERLY ALONG THE SAID PARALLEL LINE TO THE SOUTH LINE OF THE SAID LOT 9; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN BLOCK 116; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE WESTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 74.00 FEET OF LOT 8 BLOCK 116; THENCE NORTHERLY ALONG THE EXTENDED LINE OF THE SAID EAST 74.00 FEET OF LOT 8 TO THE CENTERLINE OF THE SAID WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF THE SAID NORTH SOUTH ALLEY IN BLOCK 116; THENCE ALONG THE NORTHERLY EXTENSION OF THE SAID CENTERLINE OF THE ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH BLOCK 115 HARRISON’S ADDITION, TO THE CENTER 0F MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE EAST RIGHT OF WAY OF MASON STREET; THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 1, BLOCK 105, HARRISON’S ADDITION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID LOT 1; THENCE NORTHERLY -4- ALONG THE WEST LINE OF SAID LOT 1, AND ITS EXTENSION, AND ALONG THE WEST LINE OF LOT 3, BLOCK 105 HARRISON’S ADDITION AND ITS EXTENSION TO THE CENTER LINE OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENSION AND ALONG THE SAID CENTERLINE TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 10 BLOCK 96 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE, TO THE NORTH LINE OF THE SOUTH HALF OF LOT 9 BLOCK 96 HARRISON’S ADDITION; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON’S ADDITION; THENCE NORTHERLY ALONG THE SAID CENTERLINE, TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISON’S ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE CENTERLINE OF MULBERRY STREET; THENCE EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET; THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH- SOUTH ALLEY IN BLOCK 51; THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5, BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, TO THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO -5- THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26, TO THE CENTERLINE OF COLLEGE AVENUE; THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12, T7N, R69W OF THE SIXTH P.M.; THENCE (CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST AS BEARING S89°58'19"E AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12, S00°07'56"W 46.77 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF- WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF- WAY LINE, N88°18'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, N01°16'55"W 208.11 FEET, AND AGAIN S85°23'42"W 65.98 FEET, AND AGAIN N55°34'00"W 253.90 FEET, AND AGAIN N18°51'00"E 34.17 FEET, AND AGAIN N73°33'44"E 105.85 FEET, AND AGAIN N12°50'18"E 71.56 FEET, AND AGAIN N10°20'00"W 42.66 FEET, AND AGAIN N41°50'00"W 84.01 FEET, AND AGAIN N51°15'00"W 193.28 FEET, AND AGAIN N67°26'23"W 74.87 FEET; THENCE N18°50'30"E 108.60 FEET; THENCE N89°59'13"E 1484.20 FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N86°47'41"E 140.22 FEET, AND AGAIN N80°04'26"E 40.61 FEET, AND AGAIN N87°42'34"E 125.10 FEET, AND AGAIN N70°02'35"E 120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S67°39'55"E 180.15 FEET, AND AGAIN S00°01'55"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88°18'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE, S00°01'59"E 581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D., S88°18'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING; THENCE ALONG THE EAST LINE OF SAID LOT 2 AND ITS SOUTHERLY EXTENSION, S00°01'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF- WAY LINE OF BUCKINGHAM STREET; THENCE ALONG THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE WESTERLY ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY DEED RECORDED AT RECEPTION NO. 20080043084 LARIMER COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE, WESTERLY TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE SAID WEST LINE AND ITS EXTENSION, TO THE NORTHEAST CORNER OF LOT 23, REPLAT OF NORTH LEMAY SUBDIVISION, SECOND FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 23, TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23 AND ALONG THE SOUTHWESTERLY LINE OF LOT 3, VANWORKS SUBDIVISION SECOND FILING TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE AND ITS SOUTHERLY EXTENSION, TO THE -6- NORTHEAST CORNER OF LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET; THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID EXISTING SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF LOT 2, ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER OF THE SAID LOT 2; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID LOT 1; THENCE ALONG THE EAST LINE OF THE SAID LOT 1, SOUTHERLY TO THE SOUTHEAST CORNER OF THE SAID LOT 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE; THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO), RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) NORTH 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES OO SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 -7- SECONDS HAVING A RADIUS OF 11,585 FEET, AN ARC DISTANCE OF 14.48 FEET, A CHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 94091198; THENCE (CONSIDERING THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 AS BEARING NORTH 89°29'04" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO) ALONG THE WEST AND SOUTHERLY LINES OF SAID RECEPTION NO. 94091198 THE FOLLOWING 3 COURSES AND DISTANCES: 1) SOUTH 10° 44' 56" WEST, 314.08 FEET; 2) SOUTH 71° 25' 09" EAST, 198.03 FEET; 3) NORTH 87° 59' 46" EAST, 138.53 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 25° 27' 37", A RADIUS OF 930.93 FEET, AN ARC LENGTH OF 413.68 FEET, AND THE CHORD OF WHICH BEARS SOUTH 10° 56' 48" EAST, 410.28 FEET; 2) SOUTH 01° 47' 03" WEST, 1519.07 FEET TO A POINT ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 20050097395; 3) ALONG THE WEST LINE OF SAID TRACT, SOUTH 05° 25' 37" WEST, 59.94 FEET; 4) CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 02° 03' 31" WEST, 64.95 FEET; 5) CONTINUING ALONG THE WEST LINE OF SAID TRACT, ALONG A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 17° 18' 36", A RADIUS OF 299.50 FEET, AN ARC LENGTH OF 90.48 FEET, AND THE CHORD OF WHICH BEARS SOUTH 10° 42' 48" WEST, 90.14 FEET; 6) CONTINUING ALONG THE WEST LINE OF SAID TRACT, SOUTH 19° 22' 04" WEST, 13.69 FEET TO THE NORTH LINE OF EAST MULBERRY STREET; THENCE ALONG SAID NORTH LINE THE FOLLOWING 2 COURSES AND DISTANCES: 1) NORTH 89° 47' 09" WEST, 205.09 FEET; 2) NORTH 89° 38' 44" WEST, 127.10 FEET TO THE SOUTHEAST CORNER OF LOT 2, SPRINGER THIRD SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LOT 2 THE FOLLOWING 4 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE WEST HAVING A CENTRAL ANGLE OF 30° 50' 23", A RADIUS OF 1013.60 FEET, AN ARC LENGTH OF 545.58 FEET, AND THE CHORD OF WHICH BEARS NORTH 19° 18' 37" WEST, 539.01 FEET; 2) ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 04° 42' 22", A RADIUS OF 487.50 FEET, AN ARC LENGTH OF 40.04 FEET, AND THE CHORD OF WHICH BEARS NORTH 32° 23' 02" WEST, 40.03 FEET; 3) ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 13° 56' 38", A RADIUS OF 512.50 FEET, AN ARC LENGTH OF 124.73 FEET, AND THE CHORD OF WHICH BEARS NORTH 36° 59' 47" WEST, 124.42 FEET; 4) ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 00° 36' 28", A RADIUS OF 1023.60 FEET, AN ARC LENGTH OF 10.86 FEET, AND THE CHORD OF WHICH BEARS NORTH 44° 16' 20" WEST, 10.86 FEET TO THE NORTH CORNER OF SAID LOT 2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, SOUTH 22° 29' 42" WEST, 24.98 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318; THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING 2 COURSES AND DISTANCES: 1) BEGINNING WITH A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 14° 52' 11", A RADIUS OF 998.60 FEET, AN ARC LENGTH OF 259.16 FEET, AND THE CHORD OF WHICH BEARS NORTH 51° 43' 42" WEST, 258.43 FEET; 2) NORTH 59° 09' 48" WEST, 276.50 FEET TO THE NORTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED IN BOOK 883, PAGE 318; THENCE ALONG THE WEST LINE OF SAID TRACT OF LAND, SOUTH 00° 20' 12" WEST, 239.20 FEET TO A POINT ON THE NORTH LINE OF THE WASTEWATER TREATMENT PLANT NO.1 SUBDIVISION; THENCE ALONG SAID NORTH LINE THE FOLLOWING 4 -8- COURSES AND DISTANCES: 1) NORTH 53° 16' 04" WEST, 5.70 FEET; 2) NORTH 79° 09' 04" WEST, 251.50 FEET; 3) NORTH 88° 17' 04" WEST, 452.30 FEET; 4) SOUTH 41° 12' 56" WEST, 89.29 FEET; THENCE, NORTH 79° 27' 04" WEST, 590.41 FEET; THENCE, NORTH 09° 34' 10" EAST, 985.84 FEET TO THE SOUTHEAST CORNER OF BALDWIN MINOR SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID BALDWIN MINOR SUBDIVISION, NORTH 09° 34' 10" EAST, 773.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY TO THE EAST LINE OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6, 2004 AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY; THENCE ALONG THE EAST LINE OF THE SAID IN-SITU SUBDIVISION SOUTHERLY, WESTERLY AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION TO THE WEST LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SAID WEST LINE OF THE IN-SITU SUBDIVISION, NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17, AND ITS SOUTHERLY EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE EAST RIGHT OF WAY OF MATHEWS STREET; THENCE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY TO THE CENTERLINE OF EAST OAK STREET; THENCE WESTERLY ALONG THE CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE WESTERLY EXTENSION OF THE NORTH LINE OF TRACT TWO OAKPARK PUD; THENCE EASTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE SOUTH LINE OF THE SAID TRACT TWO OAKPARK PUD; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY T0 A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE OF OLIVE STREET; THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8, BLOCK 143; THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143; THENCE WEST TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE -9- NORTH-SOUTH ALLEY IN BLOCK 133; THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15, BLOCK 133; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH- SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON THE CENTERLINE OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. Section 3. That the Plan of Development is hereby amended by the City Council so as to delete the legal description of the boundaries of the District contained on page 3 thereof, and to substitute therefor the legal description contained in Section 2 of this Ordinance. Section 4. That this Ordinance shall not be effective until such time as a deed of conveyance of the Property by the owners thereof to Woodward, Inc. is recorded with the Larimer County Clerk and Recorder. If said condition precedent has not been met before January 1, 2014, this Ordinance shall be null and void. Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -10- Exhibit “A” Legal Descriptions and Fee Owners of Property To be included in District A tract of land located in the Southeast Quarter of Section 12, Township 7 North, Range 69 West and the Southwest Quarter of Section 7, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Southeast Quarter of said Section 12 as bearing North 89°29'04" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 12; thence along the North line of said Southeast Quarter, North 89°29'04” West, 81.40 feet to the POINT OF BEGINNING; thence, South 10°44'56” West, 40.66 feet to the northwest corner of that tract of land described at Reception No. 94091198, recorded with the Larimer County Clerk and Recorder; thence, along the west and southerly lines of said Reception No. 94091198 the following 3 courses and distances, South 10° 44' 56" West, 314.08 feet; thence, South 71° 25' 09" East, 198.03 feet; thence, North 87° 59' 46" East, 138.53 feet to the westerly right-of-way line of North Lemay Avenue; thence along said westerly right-of-way line the following 6 courses and distances beginning with a curve concave to the West having a central angle of 25° 27' 37", a radius of 930.93 feet, an arc length of 413.68 feet, and the chord of which bears South 10° 56' 48" East, 410.28 feet; thence, South 01° 47' 03" West, 1519.07 feet to a point on the west line of that tract of land described at Reception No. 20050097395, recorded with the Larimer County Clerk and Recorder; thence, along said west line the following 4 courses and distances, South 05° 25' 37" West, 59.94 feet; thence, South 02° 03' 31" West, 64.95 feet; thence along a curve concave to the West having a central angle of 17° 18' 36", a radius of 299.50 feet, an arc length of 90.48 feet, and the chord of which bears South 10° 42' 48" West, 90.14 feet; thence, South 19° 22' 04" West, 13.69 feet to the north line of East Mulberry Street; thence, along said north line the following 2 courses and distances, North 89° 47' 09" West, 205.09 feet; thence, North 89° 38' 44" West, 127.10 feet to the southeast corner of Lot 2, Springer Third Subdivision, a plat of record with the Larimer County Clerk and Recorder; thence along the easterly line of said Lot 2 the following 4 courses and distances beginning with a curve concave to the West having a central angle of 30° 50' 23", a radius of 1013.60 feet, an arc length of 545.58 feet, and the chord of which bears North 19° 18' 37" West, 539.01 feet; thence along a curve concave to the northeast having a central angle of 04° 42' 22", a radius of 487.50 feet, an arc length of 40.04 feet, and the chord of which bears North 32° 23' 02" West, 40.03 feet; thence along a curve concave to the Southwest having a central angle of 13° 56' 38", a radius of 512.50 feet, an arc length of 124.73 feet, and the chord of which bears North 36° 59' 47" West, 124.42 feet; thence along a curve concave to the Southwest having a central angle of 00° 36' 28", a radius of 1023.60 feet, an arc length of 10.86 feet, and the chord of which bears North 44° 16' 20" West, 10.86 feet to the north corner of said Lot 2; thence along the northwesterly line of said Lot 2, South 22° 29' 42" West, 24.98 feet to a point on the northeasterly line of that tract of land described in Book 883, Page 318, recorded with the Larimer County Clerk and Recorder; thence along said northeasterly line the following 2 courses and distances beginning with a curve concave to the Southwest having a central angle of 14° 52' 11", a radius of 998.60 feet, an arc length of 259.16 feet, and the chord of which bears North 51° 43' 42" West, 258.43 feet; thence, North 59° 09' 48" West, 276.50 feet to the northwest corner of said tract of land described in Book 883, Page 318; thence along the west line of said tract of land, South 00° 20' 12" West, 239.20 feet to a point on the north line of the Wastewater Treatment Plant No.1, a plat of record with the Larimer County Clerk and Recorder; thence along said north line the following 4 courses and distances, North 53° 16' 04" West, 5.70 feet; thence, North 79° 09' 04" West, 251.50 feet; thence, North 88° 17' 04" West, 452.30 feet; thence, South 41° 12' 56" West, 89.29 feet; thence, North 79° 27' 04" West, 590.41 feet; thence, North 09° 34' 10" East, 985.84 feet to the southeast corner of Baldwin Minor Subdivision; thence along the east line of said Baldwin Minor Subdivision, North 09° 34' 10" East, 813.89 feet to a point on the north line of the Southeast Quarter of said Section 12; thence along said north line, South 89° 29' 04" East, 1848.09 feet to the Point of Beginning. The above described area contains 4,427,328 square feet or 101.637 acres more or less and is subject to all easements and rights-of-way (including E. Lincoln Avenue) now on record or existing. Also described as follows in the records of the Larimer County Assessor: 1. 1. Parcel No. 97124-00-062; 2. 2. Parcel No. 97124-00-071; 3. 3. Parcel No. 97124-00-006; 4. 4. Parcel No. 87073-00-096; 5. 5. Parcel No. 97124-00-005; 6. 6. Parcel No. 97124-00-017; and 7. 7. Parcel No. 87073-00-099. Fee Owners: James P. Hoffman Trust Ruth N. Hoffman Trust Dorothy A. Whisler Revocable Trust Link-n-Greens, Inc.