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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/01/2015 - PUBLIC HEARING AND RESOLUTION 2015-107 MAKING LEGIAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY December 1, 2015 City Council STAFF Patrick Rowe, Real Estate Specialist III Josh Birks, Economic Health Director SUBJECT Public Hearing and Resolution 2015-107 Making Legislative Findings and Approving a Second Substantial Modification of the Midtown Urban Renewal Plan. EXECUTIVE SUMMARY The purpose of this item is for City Council to consider two modifications of the Midtown Urban Renewal Plan (the “Midtown Plan”). One modification amends wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal project. The other modification will reduce the Midtown Plan area by removing territory not currently in either of the two approved tax increment financing (TIF) districts within the Midtown Plan (Prospect South and Foothills Mall). Adoption of this Resolution is the final step to enact these two modifications. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In May 2015, the Colorado General Assembly passed House Bill 2015-1348 (the “URA Reform Bill”), with an effective date of January 1, 2016. The URA Reform Bill applies to all new urban renewal plans, as well as existing plans when a qualifying plan modification is made. When applicable, the URA Reform Bill will affect the City’s Urban Renewal Authority (the “URA”) in several significant ways. Chief among them is that on and after January 1, 2016, the City will be required to attempt to negotiate an agreement with all affected taxing entities, like Larimer County, on the issue of how property tax increment generated will be allocated and spent under that plan. If the City and other taxing entities cannot reach such an agreement, the tax-allocation issue will be decided through “mediation” by a “mediator.” There is concern that the City’s two existing urban renewal plans, the North College and Midtown Urban Renewal Plans, and the urban renewal undertakings and activities ongoing under them, may be negatively affected by the URA Reform Bill. In an effort to avoid and minimize this concern, staff recommends that the Council take the following actions before January 1, 2016: (1) amend the Midtown Plan to clarify that it authorizes only one urban renewal project (the “First Midtown Modification”); and (2) amend the Midtown Plan to remove all the territory in the Midtown Plan area that is not currently in the Prospect South or the Foothills Mall tax increment financing (“TIF”) districts, with the exception of a small connection between the two TIF districts located within South College Avenue right-of-way (the “Second Midtown Modification”). These two modifications are jointly referred to in this AIS as the “Midtown Modifications”. The First Midtown Modification clarifies language in the Midtown Plan, specifying that the Plan authorizes only one urban renewal project. This is in keeping with the statutory definition of an “urban renewal project” defined as “undertakings and activities for the elimination and for the prevention of the development or spread of slums and blight … in accordance with an urban renewal plan”. Although such a broad definition makes it unlikely Agenda Item 15 Item # 15 Page 2 that any Midtown Plan activity would be construed as a separate project, Staff recommends the Midtown Plan be made clearer on this point. Such a revision further reduces the likelihood that the Midtown Plan may inadvertently become subject to the URA Reform Bill changes. The Second Midtown Modification specified above, reducing the size of the Midtown Plan area, has been determined to be a substantial modification of the Midtown Plan. The urban renewal statutes require the process to consider this change be the same process that is required for the approval of a new urban renewal plan, which involves a number of steps (outlined below) and culminates in the public hearing. The First Midtown Modification, clarifying that the Midtown Plan authorizes only one urban renewal project, is not a substantial change, but will be jointly considered as a matter of process. The Second Midtown Modification removes a substantial amount of land from the Midtown Plan area, which area is currently 658.5 acres in size and shown on the map Existing Plan Area or Attachment 1 (specifically noted on the map as the “Plan Area”). The land to be removed from the Plan Area would be those properties not currently located in either of the two tax increment financing districts established in the Midtown Plan, these being the Prospect South Tax Increment District and the Foothills Mall Tax Increment District (jointly, the “TIF Districts”). However, certain portions of South College Avenue currently not located in the TIF districts will remain in the Plan Area to connect the two TIF Districts. The Midtown Modifications would exclude approximately 490.7 acres (or approximately 75 percent) of the land from the Plan Area as depicted on the map Proposed Plan Area or Attachment 2 (specifically note on the map as the “Excluded Area”), thereby resulting in the new boundaries for the remaining Midtown Plan area consisting of approximately 167.9 acres of land, which boundaries are also depicted on the Proposed Plan Area map or Attachment 2 (specifically noted on the map as the “New Plan Area”). The rationale for both of these Midtown Modifications is to protect the TIF Districts and their existing and future undertakings and activities, like the Foothills Mall redevelopment, from potential adverse effects of the URA Reform Bill. For instance, if the properties in the Excluded Area are not removed from the Plan Area and any future urban renewal undertakings or activities occur on them, an affected taxing entity might argue that such undertakings or activities have triggered the URA Reform Bill requiring the City and the URA to negotiate with that taxing entity a tax allocation agreement for not only the new undertakings or activities, but also with respect to the existing undertakings and activities in the TIF Districts. By removing the Excluded Area from the Plan Area now, this should eliminate this argument. Then, if and when the City decides to pursue an urban renewal plan and project for any property in the Excluded Area, it can do so without concern that such action will adversely affect the existing and future urban renewal undertakings and activities in the Midtown TIF Districts in light of the URA Reform Bill. The process to modify the Midtown Plan has involved the following steps: 1. URA resolution proposing the Midtown Modifications - September 8, 2015 (OCCURRED - the URA adopted Resolution No. 077); 2. Council resolution submitting the Midtown Modifications to the Planning and Zoning Board to review for conformity with City Plan and to the Poudre School District - September 15, 2015 (OCCURRED - Council adopted Resolution No. 2015-084); 3. Planning and Zoning Board hearing to consider the Midtown Modifications and adoption of a resolution with its recommendation to Council concerning the Modifications’ conformance with City Plan - October 8, 2015 (OCCURRED - the Planning and Zoning Board adopted the attached resolution (Attachment 3) finding that the Midtown Plan, as amended by the Midtown Modifications, is in conformity with City Plan); 4. Council resolution scheduling a public hearing on the Midtown Modifications - October 20, 2015 (OCCURRED - Council Adopted Resolution No. 2015-090); 5. On October 16, 2015, the City timely submitted to the Poudre School District the notice described in C.R.S. Section 31-25-107(9)(d); 6. On October 21, 2015, the URA timely mailed to the property owners in the Plan Area the blight study notice required in C.R.S. Section 31-25-107(1)(b); 7. On October 22, 2015, the URA timely submitted to Larimer County the notice required in C.R.S. Section 31-25-107(3.5)(a); Agenda Item 15 Item # 15 Page 3 8. On October 25, 2015, the City timely published in the Fort Collins Coloradoan the notice required in C.R.S. Section 31-25-107(3)(a); 9. On October 30, 2015, the City timely mailed to the property owners, residents and business owners in the Plan Area the notice required in C.R.S. Section 31-25-107(4)(c); and 10. On December 1, 2015, Council will hold a public hearing to consider a resolution approving the Midtown Modification. Adoption of this Resolution is the final step to enact the two modifications prescribed above. BOARD / COMMISSION RECOMMENDATION The URA Board passed Resolution No. 077 on September 8, 2015, proposing the Midtown Modifications. A copy of the resolution is attached (Attachment 4). On October 8, 2015, the Planning and Zoning Board adopted the attached resolution (Attachment 3) finding that the Midtown Plan, as amended by the Midtown Modifications, is in conformity with City Plan. The Larimer County Board of Commissioners provided a letter in support of the modification to the Midtown Plan boundaries. A copy of the letter is attached (Attachment 5). PUBLIC OUTREACH Following the URA Board meeting on September 8, 2015, the City initiated formal public outreach on the Midtown Modifications. The outreach has included notices and letter correspondence to the property owners, residents, business owners, and taxing entities within the Midtown Plan that were timely provided as required by and in compliance with the urban renewal statutes, as well as correspondence with key stakeholders (e.g., South Fort Collins Business Association), and the statutorily required published notice was timely published. For additional detail on the public outreach, please refer to the attached public engagement plan (Attachment 6). ATTACHMENTS 1. Existing Plan Area (PDF) 2. Proposed Plan Area (PDF) 3. Planning and Zoning Board Resolution (PDF) 4. Urban Renwal Authority Resolution No. 077 (PDF) 5. Letter of Support (Larimer County) (PDF) 6. Public Engagement Plan (PDF) 7. Copy of Midtown Plan with Midtown Modifications redlined (DOC) 8. Powerpoint (PPTX) !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS REMINGTON TROUTMAN LEMAY SWALLOW STOVER LAKE CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY SENECA BOARDWALK HINSDALE STANFORD BROOKWOOD STUART MANHATTAN KEENLAND PITKIN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA HIGHCASTLE WINDMILL SPRING PARK ATTACHMENT ATTACHMENT 2 2 ATTACHMENT 3 ATTACHMENT 4 !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! !!!!!! SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS REMINGTON TROUTMAN LEMAY SWALLOW STOVER LAKE CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY SENECA BOARDWALK HINSDALE STANFORD BROOKWOOD STUART MANHATTAN KEENLAND PITKIN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA HIGHCASTLE WINDMILL SPRING PARK # # # # # # # # # # # # # # # # # # # # # # ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ###### ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# ############# SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS TROUTMAN REMINGTON LEMAY RECEIVED NOV 18 Z015 ATTACHMENT 5 BOARD OF COUNTY COMMISSIONERS Post Office Box 1190 Fort Collins, Colorado 80522-1190 (970) 498-7010 FAX (970) 498-7006 November 10,2015 City Manager's Office Honorable Mayor Wade Troxell Members of the City Council P.O. Box 580 Fort Collins, CO 80522 Dear Honorable Mayor and Members of the Council: Larimer County is in receipt of the Notice of Public Hearing mailed on October 30, 2015 regarding reconfiguring the boundaries of the Midtown Urban Renewal Authority (URA). Please accept this letter of support for the proposed action. Larimer County values the collaborative relationship we share with the City of Fort Collins. The modified boundary will provide clarity and foster successful collaboration on future URA tax increment financing projects. We urge your support of the boundary reconfiguration proposal and look forward to working with the City and URA Board in the future. Sincerely, 1sstoners steve 9M9l-Johnson - Chair, District 1 Commissioner District 2 Commissioner Tom Donnelly District 3 Commissioner cc: Darin Atteberry, Fort Collins City Manager BOARD OF COUNTY COMMISSIONERS Lew Gaiter Ill District 1 Steve Johnson District 2 Tom Donnelly District 3 ATTACHMENT 6 PUBLIC ENGAGEMENT SUMMARY PROJECT TITLE: MIDTOWN URBAN RENEWAL PLAN MODIFICATION OVERALL PUBLIC INVOLVEMENT LEVEL: Inform & Consult BOTTOM LINE QUESTION: Should City Council modify the Midtown Urban Renewal Plan to provide protection to the existing Midtown TIF Districts and their existing and planned urban renewal project undertakings and activities (e.g., Foothills Mall redevelopment)? KEY STAKEHOLDERS: 1. Property owners, residents, and business owners in the Midtown Urban Renewal Plan Area 2. South Fort Collins Business Association 3. Affected Taxing Entities (e.g., Larimer County) TIMELINE: August 31, 2015 to December 1, 2015 Phase 1: Increase Awareness of Proposed Modification Timeframe: August 31, 2015 to October 8, 2015 Key Messages: 1. There are two existing tax increment financing (TIF) districts within the Midtown Plan Area – South Prospect and Foothills Mall 2. State legislature passed HB 2015-1348 (the “URA Reform Bill”) that affects the manner in which an Urban Renewal Authority (URA) can operate 3. The URA Reform Bill necessitated a change to the Midtown Plan Area to protect the existing and planned undertakings and activities within the existing Midtown TIF District 4. City remain committed to redevelopment along the community’s spine and the Midtown Plan Area plays a crucial role in that commitment 5. City desires to honor the changes of the URA Reform Bill and follow the process and procedure for future TIF districts in the Midtown area Tools and Techniques: 1. Required notice letter sent to property owners within the Midtown Plan Area 2. Meet with SFCBA to discuss proposed modification of plan 3. Inform affected taxing entities of the proposed change – either informally (meeting) or formally (letter) PHASE 2: Required Public Hearing Timeframe: October 9, 2015 to December 1, 2015 Key Messages: 1. Same as above Tools and Techniques: 1. Send formal notice to all residents, business owners, and property owners in the affected area 30 days prior to public hearing 2. Publish date of required public hearing with notice in the Coloradoan 30 days prior to the public hearing 3. Conduct a public hearing as required by statute 1 Midtown Urban Renewal Plan Prepared for: City of Fort Collins and Fort Collins Urban Renewal Authority Adopted: September 6, 2011 (Including Tax Increment Financing District-Prospect South) Amended: May 7, 2013 to add Tax Increment Financing District-Foothills Mall Amended: December 1, 2015, to exclude 490.7 acres from the Plan Area and to clarify that this Plan authorizes and describes only one urban renewal project Prepared By: Fort Collins Urban Renewal Authority 2 This page intentionally left blank. Contents 3 1. Introduction ................................................................................................................. 5 2. Blight Conditions .......................................................................................................... 9 3. Plan Objectives .......................................................................................................... 12 4. Authorized Urban Renewal Undertakings and Activities .......................................... 13 Public Improvements and Facilities ....................................................................... 13 Cooperative Agreements ....................................................................................... 13 Purchase of Property ............................................................................................. 13 Demolition, Clearance, Environmental Remediation, and Site Prep .................... 14 Property Disposition .............................................................................................. 14 Redevelopment Agreements ................................................................................. 14 Relocation Assistance ............................................................................................ 14 Hiring...................................................................................................................... 14 Legal Authority....................................................................................................... 14 Catalyst and Enhancement Projects ...................................................................... 14 5. Development Standards and Procedures .................................................................. 15 6. Conformance ............................................................................................................. 15 Urban Renewal Law ............................................................................................... 15 City Plan ................................................................................................................. 15 7. Midtown Project Financing ....................................................................................... 18 Tax Increment Financing (TIF) District Boundaries ................................................ 18 Property Tax Increment ......................................................................................... 19 Sales Tax Increment ............................................................................................... 20 Tax Increment Reimbursement ............................................................................. 20 8. Modifications to the Plan .......................................................................................... 21 9. Reasonable Variations ............................................................................................... 21 10. Effective Date of the Plan ............................................................................................ 21 Appendices Appendix A – Legal Description ......................................................................................... 22 DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA ................................. 22 Appendix B – Legal Description ......................................................................................... 28 DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – PROSPECT SOUTH ..... 28 Appendix C -- Legal Description…………………………………………………………………………………….24 DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT -- FOOTHILLS MALL….24 List of Figures Figure 1: Midtown Urban Renewal Plan Boundary ............................................................ 7 Figure 2: Tax Increment Financing District – Prospect South ............................................. 8 4 Figure 3. Tax Increment Financing District -- Foothills Mall…………………………………………..8 5 1. Introduction The Midtown Urban Renewal Plan (Plan) is a plan prepared for the Fort Collins Urban Renewal Authority (Authority) and the City of Fort Collins (the City), pursuant to the provisions of the Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (Urban Renewal Law). Terms used in the Plan have the same meaning as in the Urban Renewal Law. The jurisdictional boundaries of the Authority are the same as the boundaries of the City. Within the City boundaries there may be one or more urban renewal plan areas. This Plan describes the framework for certain urban renewal undertakings and activities constituting a single “urban renewal project”, a this term is defined and used in the Urban Renewal Law, and other authorized activities under the Urban Renewal Law (Midtown Project) in the Midtown Urban Renewal Plan Area (Plan Area), located in the City of Fort Collins, Larimer County, Colorado. This Plan was prepared for adoption by the City Council in recognition that the Midtown Commercial Corridor requires a coordinated, cooperative strategy, with financing possibilities, to eliminate unfavorable existing conditions and prevent further deterioration. This Plan intends to accomplish the City’s development objectives for improving the viability of the commercial corridor by creation of the Plan Area and the implementation of the Midtown Project within the Plan Area. The driving interest in adopting this Plan and implementing the Midtown Project is to begin offering tax increment financing (TIF) as a tool to stimulate and leverage both public and private sector development (including redevelopment), to help remedy adverse conditions and prevent the spread of further deterioration. It is the intent of this Plan for any renewal undertakings and activities pursued under this Plan as part of the Midtown Project and other implementation actions that they be done in a responsive manner, with full consideration for interests and concerns of property owners in the Plan Area. Such undertakings and activities are anticipated to occur incrementally over a substantial period of time, with the potential for Authority financing to provide the impetus and means to undertake these undertakings and activitiesat a faster pace than might occur otherwise. The Plan effort originated in response to the Midtown Redevelopment Study adopted in 2010 where one of the primary action items for implementation concluded the need for an Existing Conditions Survey and Urban Renewal Plan. The Plan has been made available to City of Fort Collins residents. Input was solicited of area residents, property owners and business owners and tenants prior to completion of the Plan. Notifications of public hearings and an open house were provided to property owners, tenants, and residents within and surrounding the study area stating the following: time, date, place, and a description of the Plan Area and of the general scope of the Midtown Project under the Plan. Meetings were held before the Planning and Zoning Board and City Council in spring 2011 to receive comments and input on this Plan. To the extent provided in Colorado Public Records Deleted: public Deleted: s Deleted: the Deleted: establishment Deleted: of Deleted: development projects Deleted: to Deleted: Development and redevelopment is Deleted: this Deleted: redevelopment Deleted: as Deleted: Urban Renewal Deleted: (URP) Deleted: its 6 Act, Colo. Rev. Stat. Title 24, Article 72, Part 2 as the same may be amended from time to time, and pursuant to policies adopted by the Authority, project plans and proposals will be made available to the public. In addition, in connection with review of the Plan and amendment of the Plan to adopt the Tax Increment Financing District – Foothills Mall, additional public notice, solicitation of comments, and public hearing were conducted, including review by the Fort Collins Planning and Zoning Board on May 6, 2013, culminating in a public hearing before the City Council on May 7, 2013. Description of the Plan Area The Plan Area, as modified on December 1, 2015, is approximately 167.8 acres, including certain portions of the South College Avenue right-of-way. The City of Fort Collins Structure Plan identifies this area as a commercial corridor. The City of Fort Collins Zoning Map indicates this area is primarily zoned C-commercial with some additional zones; HC – Harmony Corridor, E – Employment, and CC-Community Commercial. The Plan Area is depicted on the Boundary Map on the following page (Figure 1). A legal description of the area is attached hereto as Appendix A. Description of the Tax Increment Financing District – Prospect South The Tax Increment Financing District - Prospect South (the “Prospect South TIF District”) is depicted on the Boundary Map in Figure 2. A legal description of the district is attached hereto as Appendix B. Description of the Tax Increment Financing District – Foothills Mall The Tax Increment Financing District – Foothills Mall (the “Foothills Mall TIF District”) is depicted on the Boundary Map in Figure 3. A legal description of the district is attached hereto as Appendix C. Deleted: 660 Deleted: with 404 parcels of private property Deleted: The boundary of the Plan Area to which this Plan applies generally includes those properties located within the area bounded by:¶ ¶ <#>Prospect Road on the north;¶ <#>The Burlington Northern SantaFe (BNSF) railroad right-of-way on the west;¶ <#>An irregular line following commercial parcels typically one or two parcels deep to the east; and¶ <#>Fairway Lane on the south.¶ 7 Figure 1: Midtown Urban Renewal Plan Boundary 8 Figure 2: Tax Increment Financing District – Prospect South 9 Figure 3: Tax Increment Financing District – Foothills Mall 10 2. Blight Conditions Before an urban renewal plan can be adopted by the City, the determination that an area constitutes a blighted area depends upon the presence of several physical, environmental, and social factors. Blight is indeed attributable to a multiplicity of conditions which, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: “Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d Unsanitary or unsafe conditions; e Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title nonmarketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, building, or other improvements; or l. If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. To be able to use the powers of eminent domain, “blighted” means that five of the eleven factors must be present (C.R.S. § 31-25-105.2(2)(a)(I)): 11 (a) “Blighted area” shall have the same meaning as set forth in section 31-25- 103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. Source: Colorado Revised Statute 31-25-103(2). Several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of “blighted area” contained in the Urban Renewal Law is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration.” Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981). Second, the presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area “taken as a whole,” and not on a building-by-building basis. Interstate Trust Building Co. v. Denver Urban Renewal Authority, 473 P.2d 978, 981 (Colo. 1970). Third, a governing body’s “determination as to whether an area is blighted….is a legislative question and the scope of review by the judiciary is restricted.” Tracy, 635 P.2d at 909. A court’s role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence determined by the City Council at the time of a public hearing to be consistent with the statutory definition. Based on the evidence presented at a public hearing, and in the Midtown Existing Conditions Survey, dated April 2011, the City Council, by Resolutions 2011-080 and 2011-081, both adopted on September 6, 2011, and ratified and reaffirmed by City Council on February 28, 2013, in Resolution 2013-014 and on May 7, 2013, in Resolution 2013-043, made a finding that the Plan Area was “blighted” as defined by the Urban Renewal Law, by the existence of the following seven factors: a. Slum, deteriorated, or deteriorating structures b. Predominance of defective or inadequate street layout c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness d. Unsanitary or unsafe conditions e. Deterioration of site or other improvements f. Unusual topography or inadequate public improvements or utilities k.5. Health, safety, or welfare factors requiring high levels of municipal services or substantial underutilization or vacancy of buildings, sites, or improvements 12 The City Council also found that these factors, taken together, substantially impair the sound growth of the City, constitute an economic and social liability, and negatively affect the public heath, safety and welfare of the community. Based on evidence of the “blighted” factors, the Plan Area is appropriate for authorized renewal undertakings and activities of the Authority as part of the Midtown Plan pursuant to the Urban Renewal Law. 3. Plan Objectives The overall objective of this Plan is for the Midtown Project to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents:  City Plan (The City of Fort Collins Comprehensive Plan)  City of Fort Collins Master Street Plan  Fort Collins Infill Infrastructure Report  City of Fort Collins Master Transportation Plan  Mason Corridor Economic Study  Midtown Redevelopment Study To do this, this Plan is intended to stimulate private sector development in and around the Plan Area with a combination of private investment, Authority financing, and public investment. The Plan will assist progress toward the following additional objectives:  To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements.  To address and remedy conditions in the area that impair or arrest the sound growth of the City.  To implement the Comprehensive Plan and its related elements.  To redevelop and rehabilitate the area in a manner which is compatible with and complementary to unique circumstances in the area.  To effectively utilize undeveloped and underdeveloped land.  To improve pedestrian, bicycle, vehicular and transit-related circulation and safety.  To ultimately contribute to increased revenues for all taxing entities.  To encourage the voluntary rehabilitation of buildings, improvements and conditions.  To facilitate the enforcement of the laws and regulations applicable to the Plan Area.  To watch for market and/or project opportunities to eliminate blight, and when such opportunities exist, to take action within the financial, legal and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement and rehabilitation projects. 13 4. Authorized Urban Renewal Undertakings and Activities To support progress toward the objectives, the Authority may undertake as part of the Midtown Project any of the following renewal undertakings and activities, as deemed appropriate for the elimination or prevention of blight factors within the Plan Area, pursuant to the Urban Renewal Law: Public Improvements and Facilities The Authority may cause, finance or facilitate the design, installation, construction and reconstruction of public improvements in the Plan Area. In order to promote the effective utilization of undeveloped and underdeveloped land in the Plan Area, the Authority may, among other things, enter into financial or other agreements with the City of Fort Collins to provide the City with financial or other support in order to encourage or cause the City to invest funds for the improvement of storm drainage, street conditions and other infrastructure deficiencies in the Plan Area. Cooperative Agreements For the purposes of planning and implementing this Plan, the Authority may enter into one or more cooperative agreements with the City or other public entities. Such agreement may include provisions regarding Midtown Project financing and implementation; design, location, construction of public improvements; and any other matters required to implement this Plan. Potential entities include but not limited to: Xcel Energy, Qwest, Comcast, Poudre Valley Fire Authority, Poudre Valley Rural Electric Association and Fort Collins-Loveland Water District. Purchase of Property In the event that the Authority finds it necessary to purchase any real property for the MidtownProject to remedy blight factors pursuant to the Urban Renewal Law and this Plan, the Authority may do so by any legal means available, including the exercise of the power of eminent domain, pursuant to the Urban Renewal Law. If the power of eminent domain is to be exercised for the purpose of transfer of property to another private person or entity, the Authority’s decision whether to acquire the property through eminent domain shall be guided by the following criteria, with the understanding that these guidelines shall not be construed to constrain the Authority’s legal ability to exercise the power of eminent domain:  All requirements of the Urban Renewal Law, including eminent domain procedures, have been met.  Other possible alternatives have been thoroughly considered by the Authority.  Good faith negotiations by the Authority and/or the project developer have been rejected by the property owner.  Reasonable efforts have been undertaken to: (a) understand and address the property owner's position and his or her desires for the property and for any existing business on the site, and (b) work with the owner to either include the owner in planning the proposed development or purchase the property and relocate the owner in accordance with the Urban Renewal Law on terms and conditions acceptable to the owner. Deleted: p Deleted: an Deleted: urban renewal p Deleted: project 14 Demolition, Clearance, Environmental Remediation, and Site Prep The Authority may on a case-by-case basis, elect to demolish or to cooperate with others to clear buildings, structures, and other improvements. Development activities consistent with this Plan may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. Property Disposition The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Redevelopment Agreements The Authority may enter into redevelopment agreements with property owners or developers in the Plan Area to facilitate participation and assistance that the Authority may choose to provide to such owners or developers. These may include provisions regarding project planning, public improvements, financing, design, and any other matters allowed pursuant to the Urban Renewal Law. Relocation Assistance It is not expected that the activities of the Authority will displace any person, family, or business. However, to the extent that in the future the Authority may purchase property causing displacement of any person, family, or business, it shall develop a relocation program to assist any such party in finding another location pursuant to the Urban Renewal Law, and provide relocation benefits consistent with the Urban Renewal Law. There shall be no displacement of any person or business without there being in place a relocation program, which program shall become a part of this Plan when adopted. Hiring The Authority may employ consultants, agents, and employees, permanent and temporary, and it shall determine their qualifications, duties, and compensation. Legal Authority The Authority may also exercise all other powers given to it under the Urban Renewal Law. Catalyst and Enhancement Projects Rehabilitation and redevelopment of the properties surrounding the Plan Area that will continue to foster cleanup, preservation and redevelopment of nearby properties. Additional public infrastructure, not limited to pedestrian amenities, enhanced landscaping, public transportation improvements, public utilities, or public art and architectural features as well as access to services, meeting facilities and shopping options may also further redevelopment of the Plan Area. 15 5. Development Standards and Procedures All development within the Plan Area shall conform to the Land Use Code and any site specific zoning regulations or policies which might impact properties, all as in effect and as may be amended from time to time. While State statute authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Plan Area, the City will regulate land use and building requirements through existing municipal codes and ordinances. 6. Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law. City Plan The City’s adopted Comprehensive Plan, known as City Plan, describes desirable land use and transportation patterns, with goals and policies for those topics along with community appearance and design, the environment, open lands, housing, the economy, and growth management. Briefly summarized, the land use pattern envisioned by these plans for the Plan Area is a commercial corridor well-integrated with surrounding development. The Plan Area is envisioned to evolve with improved community design and streetscapes, in an interconnected framework of streets and blocks. One of the purposes of this Plan is to implement the vision for the Plan Area as a commercial corridor with mixed-use residential improvements, as well as create a connection to the Mason Corridor for improved transit circulation. This Plan is intended to provide mechanisms to facilitate implementation of City Plan, and therefore it is in direct conformance with City Plan. The following excerpts from City Plan highlight the linkage between City Plan and this Urban Renewal Plan. These are representative excerpts, and not an all-inclusive listing of relevant statements: Principle EH 4: The City will encourage the redevelopment of strategic areas within the community as defined in the Community and Neighborhood Livability and Neighborhood Principles and Policies. Policy EH 4.1: Prioritize Targeted Redevelopment Areas Create and utilize strategies and plans, as described in the Community and Neighborhood Livability and Neighborhood chapter’s Infill and Redevelopment section, to support redevelopment areas and prevent areas from becoming blighted. The Targeted Infill and 16 Redevelopment Areas (depicted on Figure LIV 1 in the Community and Neighborhood Livability chapter) shall be a priority for future development, capital investment, and public incentives. Policy EH 4.2: Reduce Barriers to Infill Development and Redevelopment Develop new policies and modify current policies, procedures, and practices to reduce and resolve barriers to Infill development and redevelopment. Emphasize new policies and modifications to existing policies that support a sustainable, flexible, and predictable approach to infill development and redevelopment. Policy LIV 5.1: Encourage Targeted Redevelopment and Infill Encourage redevelopment and infill in Activity Centers and Targeted Infill and Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map. The purpose of these areas is to:  Promote the revitalization of existing, underutilized commercial and industrial areas.  Concentrate higher density housing and mixed-use development in locations that are currently or will be served by high frequency transit in the future and that can support higher levels of activity.  Channel development where it will be beneficial and can best improve access to jobs, housing, and services with fewer and shorter auto trips.  Promote reinvestment in areas where infrastructure already exists.  Increase economic activity in the area to benefit existing residents and businesses and, where necessary, provide the stimulus to redevelop. Areas identified on the Targeted Infill and Redevelopment Areas Map are parts of the City where general agreement exists that redevelopment and infill would be beneficial. These areas are generally considered a priority for efforts to reduce barriers and concentrate public investment in infrastructure. However, of the areas identified, the “community spine” (see Policy LIV 5.2) shall be the highest priority location for such efforts. Areas not shown on the Targeted Infill and Redevelopment Areas map are not excluded from redevelopment and infill activity, but are considered to be lower priority or where activity is less likely to occur for other reasons. Policy LIV 5.2: Target Public Investment along the Community Spine Together, many of the Targeted Redevelopment Areas and Activity Centers form the “community spine” of the City along College Avenue and the Mason Corridor. The “community spine” shall be considered the highest priority area for public investment in streetscape and urban design improvements and other infrastructure upgrades to support infill and redevelopment and to promote the corridor’s transition to a series of transit-supportive, mixed- use activity centers over time. Established residential neighborhoods adjacent to College Avenue and the Mason Corridor will be served by improvements to the “community spine” over time, but are not intended to be targeted for infill or redevelopment. Policy LIV 5.3: Policy LIV 5.3 – Identify Additional Redevelopment and Infill Areas as Appropriate Deleted: c Deleted: c 17 Utilize subarea plans to help designate areas for redevelopment and infill that are not identified on the Targeted Infill and Redevelopment Areas Map. Within these plans, support the development of appropriate design standards to protect the character of neighborhoods and to ensure conformance with City Plan. Principle LIV 34: General Commercial Districts will include a wide range of community and regional uses, in various sizes and scales, designed for convenient access by all modes of travel, efficient circulation, and a comfortable pedestrian environment. Policy LIV 34.2: Mix of Uses Although many existing General Commercial Districts in the City consist of single-use commercial centers today, the incorporation of a broader mix of uses is desirable over time:  Principal uses: Retail, restaurants, office, and other commercial services.  Supporting uses: Entertainment, high-density residential, day care (adult and child), and other supporting uses.  Policy LIV 34.3: Support the Revitalization of Existing Strip Commercial Corridor Developments Encourage and support the gradual evolution of existing, auto-oriented strip commercial areas to a more compact, pedestrian and transit-oriented pattern of development over time through infill and redevelopment. Establish enhanced walking connections between destinations. Principle LIV 35: Community Commercial Districts will be communitywide destinations and hubs for a high-frequency transit system. They will be quality mixed-use urban activity centers that offer retail, offices, services, small civic uses, and higher density housing, in an environment that promotes walking, bicycling, transit and ridesharing. Policy LIV 35.4: Transform through Infill and Redevelopment Support the transformation of existing, underutilized Community Commercial Districts through infill and redevelopment over time to more intense centers of activity that include a mixture of land uses and activities, an enhanced appearance, and access to all transportation modes. Principle LIV 43: Enhanced Travel Corridors will be strategic and specialized Transportation Corridors that contain amenities and designs that specifically promote walking, the use of mass transit, and bicycling. Enhanced Travel Corridors will provide high-frequency/high efficiency travel opportunities for all modes linking major activity centers and districts in the city. Policy LIV 43.3: Support Transit-Supportive Development Patterns Support the incorporation of higher intensity, transit-supportive development along Enhanced Travel Corridors through infill and redevelopment. Encourage the densities and broader mix of uses necessary to support walking, bicycling, and transit use while accommodating efficient automobile use. 18 7. Midtown Project Financing Specific Midtown Project undertakings and activities may be financed in whole or in part by the Authority, under the tax increment financing (TIF) provisions of CRS § 31-25-107(9)(a) of the Urban Renewal Law, or by any other available source of financing authorized to be undertaken by the Authority pursuant to CRS § 31-25-105 of the Urban Renewal Law. The Authority is authorized as part of the Midtown Project to:  Finance renwal undertakings and activities within the Plan Area with revenues from property tax increments, sales tax increments, interest income, federal loans or grants, agreements with public, quasi-public or private parties and entities, loans or advances from any other available source, and any other available sources of revenue.  Issue bonds and incur other obligations contemplated by the Urban Renewal Law in an amount sufficient to finance all or any part of a renewal undertaking or activity within the Plan Area.  Borrow funds and create indebtedness in any authorized form in carrying out this Plan. Any principal and interest on such indebtedness may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or properties legally available to the Authority. Such methods may be combined to finance all or part of the Midtown Plan undertakings and activities. Tax Increment Financing (TIF) District Boundaries If permissible by the Urban Renewal Law, the Authority is authorized to create TIF districts within the Plan Area that can include, but are not limited to a single parcel or multiple parcels for a qualified Midtown Project undertaking or activity. Accordingly, the Plan may be amended when the TIF district is decided upon by the Authority, and incremental property tax and/or sales tax revenues attributable to the redevelopment in the Plan Area to pay the indebtedness incurred by the Authority. The Prospect South Tax Increment District was established when this Plan was adopted. The Foothills Mall Tax Increment District was established when the Plan was amended on May 7, 2013. Additional TIF districts may be established in the future by amendment of this Plan. Prospect South Tax Increment District The primary method of financing the Midtown Project undertaken in furtherance of this Plan in the Prospect South Tax Increment District shall be the use of property tax increment financing pursuant to Section 31-25-107(9), C.R.S. All property taxes collected within the Prospect South Tax Increment District shall be divided as follows: a) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation for assessment of taxable property in the Prospect South Tax Increment District last certified prior to the effective date of approval of this Plan or, as to an area later added to the Prospect South Tax Increment District, the effective date of the modification of this Plan Deleted: projects Deleted: urban renewal projects Deleted: project Deleted: Plan Deleted: project Deleted: projects Deleted: Urban Renewal Deleted: Urban Renewal Deleted: Urban Renewal 19 for such purpose, shall be paid into the funds of each such public body as are all other taxes collected by or for such public body. b) The portion of such property taxes in excess of the amounts described in paragraph a), above, shall be allocated to and, when collected, paid into a special fund to fund the Authority’s obligations with respect to any renewal undertaking or activity for the Prospect South Tax Increment District, including payment of the principal of, the interest on, and any premiums due in connection with the bonds, loans or advances to, or indebtedness incurred by (whether funded, refunded, assumed, or otherwise) the Authority for financing or refinancing, in whole or in part, the renewal undertakings and activities for the Prospect South Tax Increment District, or to make payments under an agreement executed pursuant to Section 31-25-107(11). c) When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, but in no event later than 25 years following the adoption of this tax allocation provision, any excess property tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between the Authority and the City or other taxing jurisdiction, shall be paid into the funds of said jurisdiction or public body. Unless and until the total property tax collections in the Prospect South Tax Increment District exceed the base year property tax collections in the Prospect South Tax Increment District, as provided in paragraph a), above, all such property tax collections shall be paid into the funds of the appropriate public body. The Authority reserves the right to enter into Cooperation Agreements with select taxing jurisdictions relative to allocation of incremental tax revenues. d) In the event that there is a general reassessment of taxable property valuations in Larimer County, which are subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with the Urban Renewal Law. Foothills Mall Tax Increment District The primary method of financing the Midtown Project undertaken in furtherance of this Urban Renewal Plan in the Foothills Mall Tax Increment District shall be the use of property tax and sales tax increment financing pursuant to Section 31-25-107(9), C.R.S. For purposes of the tax allocation provision of this Plan related to the Foothills Mall Tax Increment District, the term sales tax shall mean the sales tax imposed by the City at a rate of 2.25% (or such lesser rate as agreed to by the City and the Authority (subject to any contractual obligations of the Authority)) on sales of goods and services that are subject to municipal sales taxes pursuant to the Fort Collins Municipal Code (as it may exist from time to time). All property taxes and sales taxes collected within the Foothills Mall Tax Increment District shall be divided as follows: a) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation for assessment of taxable property in Deleted: project Deleted: Urban Renewal projects Deleted: projects 20 the Foothills Mall Tax Increment District last certified prior to the effective date of approval of this tax allocation provision or, as to an area later added to the Foothills Mall Tax Increment District, the effective date of the modification of this Urban Renewal Plan for such purpose, and that portion of City sales taxes equal to the amount collected within the boundaries of the Foothills Mall Tax Increment District in the twelve‐month period ending on the last day of the month prior to the effective date of the approval of this tax allocation provision, shall be paid into the funds of each such public body as are all other taxes collected by or for such public body. b) The portion of such property taxes and sales taxes in excess of the amounts described in paragraph a), above, shall be allocated to and, when collected, paid into a special fund to fund the Authority’s obligations with respect to any renewal undertakings and activities for the Foothills Mall Tax Increment District, including payment of the principal of, the interest on, and any premiums due in connection with the bonds, loans or advances to, or indebtedness incurred by (whether funded, refunded, assumed, or otherwise) the Authority for financing or refinancing, in whole or in part, the renewal undertakings and activities for the Foothills Mall Tax Increment District, or to make payments under an agreement executed pursuant to Section 31-25-107(11). c) When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, but in no event later than 25 years following the adoption of this tax allocation provision, any excess property and sales tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between the Authority and the City or other taxing jurisdiction, shall be paid into the funds of said jurisdiction or public body. Unless and until the total property and sales tax collections in the Foothills Mall Tax Increment District exceed the base year property and sales tax collections in the Foothills Mall Tax Increment District, as provided in paragraph a), above, all such property and sales tax collections shall be paid into the funds of the appropriate public body. The Authority reserves the right to enter into Cooperation Agreements with select taxing jurisdictions relative to allocation of incremental tax revenues. d) In the event that there is a general reassessment of taxable property valuations in Larimer County, which are subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with the Urban Renewal Law. Tax Increment Reimbursement Tax increment revenues may be used to reimburse the City and/or a developer for costs incurred for improvements related to a renewal undertaking or activity to pay the debt incurred by the Authority with such entities for renewal undertakings and activities . Tax incremental revenues may also be used to pay bonded indebtedness, financial obligations and debts of the Authority related to any renewal undertakings and activities under this Plan. Deleted: project Deleted: Urban Renewal projects Deleted: project Deleted: urban Deleted: and purposes Deleted: urban 21 8. Modifications to the Plan This Plan may be modified pursuant to requirements and procedures set forth in CRS §31-25- 107 of the Urban Renewal Law governing such modifications or amendments to the extent such modifications or amendments do not conflict with the agreements. Nothing herein shall be construed to require the Authority to first obtain the permission of any party to an Agreement prior to amending or modifying this Plan. 9. Reasonable Variations The Authority shall have the ability to approve reasonable variations (as determined by the Board) from the strict application of these Plan provisions, so long as such variations reasonably accommodate the intent and purpose of this Plan and the Urban Renewal Law. Plan provisions may be altered by market conditions, redevelopment opportunities and/or the needs of the community affected by the Plan. 10. Effective Date of the Plan and TIF Provisions This Plan and the Prospect South TIF District provision took effect on September 6, 2011. The Foothills Mall TIF District provision took effect on May 7, 2013. Except as otherwise permitted under the Urban Renewal Law, the term of the TIF period is twenty-five (25) years from the effective date the adoption of the relevant TIF provision, unless the Authority deems, to the extent consistent with the terms in the Agreements, that all undertakings and activities to accomplish the Midtown Project have been completed and all debts incurred to finance such undertakings and activities and all expenses of the Authority have been repaid. In that event, the Authority may declare the Plan fully implemented. Deleted: p 22 Appendix A – Legal Description DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA [Need to add the legal description from Exhibit E of the Midtown Resolution] Deleted: A tract of land located in Sections 23, 24, 25, 26, 35 and 36 of Township 7 North, Range 69 West and in Sections 1 and 2 of Township 6 North, Range 69 West, all of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, contained within the following described area;¶ ¶ Beginning at the center of South College Avenue with its intersection with the easterly extension of the southerly right of way of Prospect Road, the TRUE POINT OF BEGINNING of this description; THENCE westerly along the said extended line and along the said southerly right of way to the west line of the plat of “Griffin Plaza Subdivision”; THENCE southerly, westerly and southerly along the said west line to the southerly line of the said plat of “Griffin Plaza Subdivision”; THENCE easterly and southerly along the said southerly line to the westerly right of way of the BNSF Railway; THENCE easterly and radially to the said right of way to the easterly right of way of the BNSF Railway; THENCE southerly along the said easterly right of way to the east west centerline of the said Section 26; THENCE easterly along the said east west centerline and returning to the said easterly right of way of the BNSF Railway; THENCE continuing southerly along the said easterly right of way to the south line of the said Section 26; THENCE westerly along the said south line and returning to the said easterly right of way of the BNSF Railway; THENCE continuing southerly along the said easterly right of way to the north line of the said Section 2; THENCE easterly along the said north line and returning to the said easterly right of way of the BNSF Railway; THENCE continuing southerly along the said easterly right of way to the north line of the plat of “George T. Sanders Co. P.U.D.”; THENCE easterly along the said north line to the westerly right of way of Fossil Boulevard; THENCE southerly along the said westerly right of way to the westerly extension of the southerly right of way of West Fairway Lane; THENCE easterly along the said extended line and along the said southerly right of way, its easterly extension and along the southerly right of way of Fairway Lane to the southerly extension of the east line of the plat of “Replat Of A Part Of Fairway Estates”; THENCE northerly along the said extended line and along the said east line of the “Replat Of A Part Of Fairway Estates”, along the east line of the plat of “Replat Of A Part OF Lot 7, Lot 8, Lot 9, And A Part Of Lot 10 Of the Replat Of A Part Of Fairway Estates” and continuing along the east line of the said plat of “Replat Of A Part Of Fairway Estates” and its northerly extension to the southwest corner of that certain tract of land as described in a 23 DESCRIPTION OF THE PROPOSED REVISED MIDTOWN URBAN RENEWAL PLAN AREA THREE TRACTS OF LAND LOCATED IN SECTIONS 23, 24, 25, AND 26 OF TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1 (PROSPECT SOUTH TIF DISTRICT): BEGINNING AT THE CENTER OF SOUTH COLLEGE AVENUE WITH ITS INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTHERLY RIGHT OF WAY OF PROSPECT ROAD, THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTHERLY RIGHT OF WAY TO THE WEST LINE OF THE PLAT OF "GRIFFIN PLAZA SUBDIVISION"; THENCE SOUTHERLY, WESTERLY AND SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTHERLY LINE OF THE SAID PLAT OF "GRIFFIN PLAZA SUBDIVISION"; THENCE EASTERLY AND SOUTHERLY ALONG THE SAID SOUTHERLY LINE TO THE WESTERLY RIGHT OF WAY OF THE BNSF RAILWAY; THENCE EASTERLY AND RADIALLY TO THE SAID RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF THE BNSF RAILWAY; THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT OF WAY TO THE NORTHERLY LINE OF THE PLAT OF " WHOLE FOODS CENTER"; THENCE EASTERLY ALONG THE SAID NORTHERLY LINE TO THE WESTERLY LINE OF TRACT "E" OF THE PLAT OF "UNIVERSITY SHOPPING CENTER"; THENCE SOUTHERLY ALONG THE SAID WESTERLY LINE TO THE SOUTHERLY LINE OF THE SAID TRACT "E"; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE TO A POINT ON THE WESTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE, SAID POINT HEREINAFTER TO BE REFERRED TO AS POINT "A"; THENCE EASTERLY TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE WITH THE NORTHERLY RIGHT OF WAY OF RUTGERS AVENUE; THENCE EASTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY TO THE EASTERLY LINE OF THE "RUTGERS BUILDING CONDOMINIUMS"; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE TO THE SOUTHERLY LINE OF THE PLAT OF "RAISING CANE'S"; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE TO THE EASTERLY LINE OF THE SAID PLAT OF "RAISING CANE'S"; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE TO THE SOUTHERLY LINE OF THE PLAT OF "A REPLAT OF A PART OF TRACT 1, REPLAT OF BLOCK 2 AND LOTS 1 TO 7 INCLUSIVE OF BLOCK 1 OF THE ST. VRAIN SUBDIVISION"; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE TO THE WESTERLY RIGHT OF WAY OF REMINGTON STREET; THENCE NORTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO THE SOUTHERLY RIGHT OF WAY OF SPRING PARK DRIVE; THENCE WESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY TO THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF THE PLAT OF "HUMAN BEAN AT SPRING CREEK"; THENCE NORTHERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID EASTERLY LINE AND ALONG THE EASTERLY LINES OF LOTS 1 THROUGH 7 OF THE PLAT OF "MORAN'S SUBDIVISION" TO THE SOUTHERLY RIGHT OF WAY OF EAST STUART STREET; THENCE NORTHERLY TO THE NORTHERLY RIGHT OF WAY OF EAST STUART STREET AND TO THE EASTERLY LINE OF THE WEST 180 FEET OF LOT 5 OF THE PLAT OF "MAYNARD SUBDIVISION"; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE SAID LOT 5; THENCE WESTERLY ALONG THE SAID NORTHERLY LINE TO THE EASTERLY LINE OF LOT 2 OF THE PLAT OF "A REPLAT OF MAYNARD SUBDIVISION BEING A RESUBDIVISION OF THE WEST 350 FEET OF LOTS 3 & 4 OF MAYNARD SUBDIVISION"; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE AND ALONG THE EASTERLY LINE OF LOT 1 OF THE SAID PLAT OF "A REPLAT OF MAYNARD SUBDIVISION BEING A RESUBDIVISION OF THE WEST 350 FEET OF LOTS 3 & 4 OF MAYNARD SUBDIVISION" TO THE NORTHERLY LINE OF THE SAID PLAT OF "A REPLAT OF MAYNARD SUBDIVISION BEING A RESUBDIVISION OF THE WEST 350 FEET OF LOTS 3 & 4 OF MAYNARD SUBDIVISION"; THENCE EASTERLY ALONG THE SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST 240 FEET OF LOT 2 OF THE SAID PLAT OF "MAYNARD SUBDIVISION"; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE AND ITS NORTHERLY EXTENSION TO THE SOUTHERLY LINE OF THE NORTHERLY 232 FEET OF THE SAID PLAT OF "MAYNARD SUBDIVISION"; THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE TO THE EASTERLY LINE OF THE WESTERLY 213 FEET OF LOTS 14 AND 1 OF THE SAID PLAT OF "MAYNARD SUBDIVISION"; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE AND ITS NORTHERLY EXTENSION TO THE NORTHERLY RIGHT OF WAY OF PARKER STREET; THENCE WESTERLY ALONG THE SAID 24 NORTHERLY RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF THE NORTH-SOUTH ALLEY THROUGH BLOCK 1 OF THE PLAT OF "I.C. BRADLEY'S ADDITION TO THE CITY OF FORT COLLINS"; THENCE NORTHERLY ALONG THE SAID EASTERLY ALLEY RIGHT OF WAY TO THE SOUTHERLY RIGHT OF WAY OF EAST PROSPECT ROAD; THENCE WESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY TO THE POINT OF BEGINNING. TRACT 2 (COLLEGE AVENUE RIGHT OF WAY): BEGINNING AT THE AFOREMENTIONED POINT "A", BEING THE INTERSECTION OF TRACT E, UNIVERSITY SHOPPING CENTER WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH COLLEGE AVENUE; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF TRACT 1 DESCRIBED ABOVE TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE FRONTAGE ROAD (KANE CONCOURSE AS SO DESIGNATED ON SOUTH COLLEGE HEIGHTS FIFTH SUBDIVISION) WITH THE NORTHERLY RIGHT OF WAY OF RUTGERS AVENUE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY, TO THE SOUTH RIGHT OF WAY LINE OF PRINCETON ROAD; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE AND AGAIN ALONG THE EASTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE TO THE NORTH RIGHT OF WAY LINE OF EAST DRAKE ROAD; THENCE SOUTHERLY TO THE SOUTH RIGHT OF WAY LINE OF EAST DRAKE ROAD; THENCE ALONG THE EAST RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE TO THE NORTH LINE OF THE ACCESS ROAD DEDICATED ON THUNDERBIRD ESTATES SIXTH SUBDIVISION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID ACCESS ROAD TO THE EAST LINE OF SAID ACCESS ROAD; THENCE SOUTHERLY ALONG THE EAST LINE OF THE ACCESS ROAD DEDICATED ON THUNDERBIRD ESTATES SIXTH, SEVENTH AND NINTH SUBDIVISIONS TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SWALLOW ROAD; THENCE WESTERLY AND SOUTHERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SWALLOW ROAD AND THE EAST RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE TO A POINT ON THE NORTHERLY BOUNDARY OF LOT 1 OF THE "REPLAT OF TRACTS F, G, AND J, AND VACATED SERVICE ROAD, SOUTHMOOR VILLAGE, FIFTH FILING"; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF SAID NORTH LINE TO THE WEST QUARTER CORNER OF SAID SECTION 25, SAID LINE ALSO BEING THE NORTHERLY BOUNDARY OF TRACT 3 DESCRIBED BELOW; THENCE 100.00 FEET WESTERLY, CONTINUING ALONG SAID NORTHERLY BOUNDARY OF TRACT 3, TO THE WESTERLY RIGHT OF WAY LINE OF THE FRONTAGE ROAD OF SOUTH COLLEGE AVENUE; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS DEDICATED BY PLAT OR DEED AS FRONTAGE ROAD, OR AS DEDICATED AS STATE HIGHWAY RIGHT OF WAY WHERE NO ADDITIONAL FRONTAGE ROAD RIGHT OF WAY EXISTS, TO THE SOUTH RIGHT OF WAY LINE OF DRAKE ROAD; THENCE NORTHERLY TO THE NORTH RIGHT OF WAY LINE OF DRAKE ROAD; THENCE NORTHERLY ALONG THE WEST RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE TO THE POINT OF BEGINNING. TRACT 3 (FOOTHILLS TIF DISTRICT): BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 25; THENCE ALONG THE NORTHERLY BOUNDARY OF LOT 1 OF THE "REPLAT OF TRACTS F, G, AND J, AND VACATED SERVICE ROAD, SOUTHMOOR VILLAGE, FIFTH FILING" AND THE WESTERLY EXTENSION THEREOF, N89°52'45"E, A DISTANCE OF 314.48 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1) ALONG THE WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET, S00°05'37"W, A DISTANCE OF 50.00 FEET; 2) ALONG THE SOUTHERLY RIGHT OF WAY LINE OF REMINGTON STREET, N89°52'45"E, A DISTANCE OF 60.00 FEET; 3) S51°41'04"E, A DISTANCE OF 145.40 FEET; 4) S89°35'23"E, A DISTANCE OF 138.50 FEET; 5) N00°05'37"E, A DISTANCE OF 141.63 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY AND ITS EASTERLY EXTENSION, N89°52'45"E, A DISTANCE OF 357.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TRACT K, SOUTHMOOR VILLAGE, FIFTH FILING; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF SAID TRACT K THE FOLLOWING FIVE (5) COURSES: 1) ALONG SAID EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, S00°14'56"E, A DISTANCE OF 215.33 FEET; 2) 23.98 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 25 91°36'53", AND A CHORD WHICH BEARS S46°03'22"E A DISTANCE OF 21.51 FEET; 3) 11.02 FEET ALONG THE ARC OF A REVERSE CURVE, HAVING A RADIUS OF 360.77 FEET, A CENTRAL ANGLE OF 01°45'00", AND A CHORD WHICH BEARS N89°00'07"E A DISTANCE OF 11.02 FEET; 4) N89°52'37"E, A DISTANCE OF 173.52 FEET; 5) N00°07'23"W, A DISTANCE OF 230.12 FEET TO THE NORTHWEST CORNER OF TRACT B OF THE FOOTHILLS FASHION MALL FOLEY'S EXPANSION; THENCE ALONG THE NORTHERLY BOUNDARY OF TRACTS B AND A OF SAID FOOTHILLS FASHION MALL FOLEY'S EXPANSION, N89°52'46"E, A DISTANCE OF 996.10 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STANFORD ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SEVEN (7) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF TRACT B OF SAID FOOTHILLS FASHION MALL FOLEY'S EXPANSION, 387.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,319.30 FEET, A CENTRAL ANGLE OF 16°48'53", AND A CHORD WHICH BEARS S08°17'12"W A DISTANCE OF 385.79 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, S16°41'39"W, A DISTANCE OF 93.03 FEET; 3) ALONG THE EASTERLY BOUNDARY OF THE FOOTHILLS FASHION MALL EXPANSION, S16°41'36"W, A DISTANCE OF 482.09 FEET; 4) CONTINUING ALONG SAID EASTERLY BOUNDARY, 327.62 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1,114.57 FEET, A CENTRAL ANGLE OF 16°50'30", AND A CHORD WHICH BEARS S08°16'21"W A DISTANCE OF 326.44 FEET; 5) CONTINUING ALONG SAID EASTERLY BOUNDARY, S00°08'53"E, A DISTANCE OF 170.00 FEET; 6) CONTINUING ALONG SAID EASTERLY BOUNDARY, S05°51'32"E, A DISTANCE OF 110.54 FEET; 7) CONTINUING ALONG SAID EASTERLY BOUNDARY AND ITS SOUTHERLY EXTENSION, S00°08'53"E, A DISTANCE OF 451.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED OCTOBER 30, 2012 AT RECEPTION NO. 20120076539 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE SOUTHERLY BOUNDARY OF THE TRACTS DESCRIBED IN THE DEEDS RECORDED AT RECEPTION NO. 20120076539, RECEPTION NO. 20050022855, AND RECEPTION NO. 2001099396, THE FOLLOWING SEVEN (7) COURSES: 1) 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'53"W A DISTANCE OF 21.21 FEET; 2) S89°51'07"W, A DISTANCE OF 214.00 FEET; 3) 312.91 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 398.41 FEET, A CENTRAL ANGLE OF 44°59'59", AND A CHORD WHICH BEARS N67°38'53"W A DISTANCE OF 304.93 FEET; 4) N45°08'54"W, A DISTANCE OF 129.24 FEET; 5) 275.94 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 351.34 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS N67°38'54"W A DISTANCE OF 268.90 FEET; 6) S89°51'06"W, A DISTANCE OF 199.36 FEET; 7) 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°51'06"W A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE S89°51'06"W, A DISTANCE OF 66.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'54"W A DISTANCE OF 21.21 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF EAST MONROE DRIVE;THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1) S89°51'06"W, A DISTANCE OF 12.16 FEET; 2) 146.82 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 221.32 FEET, A CENTRAL ANGLE OF 38°00'29", AND A CHORD WHICH BEARS S70°50'52"W A DISTANCE OF 144.14 FEET; 3) S51°50'37"W, A DISTANCE OF 327.70 FEET; 4) 179.17 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 273.41 FEET, A CENTRAL ANGLE OF 37°32'46", AND A CHORD WHICH BEARS S70°37'00"W A DISTANCE OF 175.98 FEET; 5) S89°23'22"W, A DISTANCE OF 138.44 FEET; THENCE 23.56 FEET ALONG THE ARC OF CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°23'23"W A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1) ALONG THE WESTERLY BOUNDARY OF STRACHAN SUBDIVISION, SECOND FILING, SO0°19'07"E, A DISTANCE OF 576.93 FEET; 2) CONTINUING 26 ALONG SAID WESTERLY BOUNDARY, S45°28'37"E, A DISTANCE OF 44.78 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE PLAT OF SAID STRACHAN SUBDIVISION, SECOND FILING; THENCE S03°2610"W, A DISTANCE OF 105.31 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE FIRST REPLAT OF 1ST CHOICE BANK OF FORT COLLINS; THENCE N88°14'59"W, A DISTANCE OF 154.42 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AND THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE REPLAT OF LOTS 1, 2, 3 & 4 - CREGER PLAZA SUBDIVISION; THENCE N00°32'51 "W, A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE PLAT OF MATTERHORN P.U.D.; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING TEN (10) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF LOT 1, MATTERHORN P.U.D., N44°33'53"E, A DISTANCE OF 9.22 FEET; 2) ALONG THE EASTERLY BOUNDARY OF LOTS 1 AND 2, MATTERHORN P.U.D., N00°19'07"W, A DISTANCE OF 503.93 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF LOT 2, MATTERHORN P.U.D., S53°56'23"W, A DISTANCE OF 44.81 FEET; 4) ALONG THE EASTERLY BOUNDARY OF LOTS 2, 3, 4, 5 AND 11 OF SOUTH MESA SUBDIVISION AND THE SOUTHERLY EXTENSION THEREOF, N00°19'07"W, A DISTANCE OF 561.00 FEET; 5) N89°51'53"E, A DISTANCE OF 10.71 FEET; 6) N09°43'23"E, A DISTANCE OF 22.91 FEET; 7) 29.36 FEET ALONG THE ARC OF A NON- TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 167.50 FEET, A CENTRAL ANGLE OF 10°02'32", AND A CHORD WHICH BEARS N04°42'09"E A DISTANCE OF 29.32 FEET; 8) N00°19'07"W, A DISTANCE OF 198.22 FEET; 9) S89°58'15"W, A DISTANCE OF 7.27 FEET TO THE SOUTHEAST CORNER OF LOT B, VILLA P.U.D.; 10) ALONG THE EASTERLY BOUNDARY OF SAID LOT B, N00°19'07"W, A DISTANCE OF 226.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT A, RICHIE'S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY OF TRACT A, AND ALONG THE SOUTHERLY BOUNDARY OF TRACT A, MOURNING SUBDIVISION, N89°59'07"W, A DISTANCE OF 665.15 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MCCLELLAND DRIVE AS SHOWN ON THE PLAT OF SAID MOURNING SUBDIVISION; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, N00°39'53"E, A DISTANCE OF 20.17 FEET; THENCE 23.39 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89°21'00", AND A CHORD WHICH BEARS N45°20'23"E A DISTANCE OF 21.09 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST FOOTHILLS PARKWAY AS SHOWN ON SAID MOURNING SUBDIVISION PLAT; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S89°59'07"E, A DISTANCE OF 213.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 69.10 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 160.00 FEET, A CENTRAL ANGLE OF 24°44'46", AND A CHORD WHICH BEARS N77°38'30"E A DISTANCE OF 68.57 FEET TO THE WESTERLY BOUNDARY OF LOT 1, RICHIE'S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID WESTERLY BOUNDARY, S00°04'53"W, A DISTANCE OF 14.69 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, S89°59'07"E, A DISTANCE OF 407.26 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING FOUR (4) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, N00°19'07"W, A DISTANCE OF 78.17 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, N00°04'53"E, A DISTANCE OF 86.83 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, N89°59'07"W, A DISTANCE OF 37.50 FEET TO THE SOUTHEAST CORNER OF LOT 3, MOURNING SUBDIVISION; 4) N00°04'53"E, A DISTANCE OF 870.84 FEET (BEING THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE MOURNING SUBDIVISION, THE POUDRE VALLEY MOTORS SUBDIVISION, AND THE REPLAT OF THE SWALLOW SUBDIVISION); THENCE S89°57'07"E, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. ALL PLATS REFERRED TO IN THE ABOVE TRACT DESCRIPTIONS ARE PLATS OF RECORD WITH THE CLERK AND RECORDER OF LARIMER COUNTY 27 I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. THE ABOVE DESCRIBED TRACT IS BASED UPON PREVIOUSLY RECORDED PLATS AND DEEDS AND NOT UPON AN ACTUAL FIELD SURVEY. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Planning\MID TOWN URBAN RENEW PLAN AREA\LEGAL\ MID TOWN URP rev10- 2015.doc Appendix B – Legal Description DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – PROSPECT SOUTH A tract of land located in Sections 23 and 24 of Township 7 North, Range 69 West West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, contained within the following described area; Beginning at the center of South College Avenue with its intersection with the easterly extension of the southerly right of way of Prospect Road, the TRUE POINT OF BEGINNING of this description; THENCE westerly along the said extended line and along the said southerly right of way to the west line of the plat of “Griffin Plaza Subdivision”; THENCE southerly, westerly and southerly along the said west line to the southerly line of the said plat of “Griffin Plaza Subdivision”; THENCE easterly and southerly along the said southerly line to the westerly right of way of the BNSF Railway; THENCE easterly and radially to the said right of way to the easterly right of way of the BNSF Railway; THENCE southerly along the said easterly right of way to the northerly line of the plat of “ Whole Foods Center”; THENCE easterly along the said northerly line to the westerly Deleted: Page Break 29 line of Tract “E” of the plat of “University Shopping Center”; THENCE southerly along the said westerly line to the southerly line of the said Tract “E”; THENCE easterly along the said southerly line to the westerly right of way of South College Avenue; THENCE easterly to the intersection of the easterly right of way of South College Avenue with the northerly right of way of Rutgers Avenue; THENCE easterly along the said northerly right of way to the easterly line of the “Rutgers Building Condominiums”; THENCE northerly along the said easterly line to the southerly line of the plat of “Raising Cane’s”; THENCE easterly along the said southerly line to the easterly line of the said plat of “Raising Cane’s”; THENCE northerly along the said easterly line to the southerly line of the plat of “A Replat of A Part of Tract 1, Replat of Block 2 and Lots 1 to 7 Inclusive of Block 1 of the St. Vrain Subdivision”; THENCE easterly along the said southerly line to the westerly right of way of Remington Street; THENCE northerly along the said westerly right of way to the southerly right of way of Spring Park Drive; THENCE westerly along the said southerly right of way to the southerly extension of the easterly line of the plat of “Human Bean At Spring Creek”; THENCE northerly along the said extended line and along the said easterly line and along the easterly lines of Lots 1 through 7 of the plat of “Moran’s Subdivision” to the southerly right of way of East Stuart Street; THENCE northerly to the northerly right of way of East Stuart Street and to the easterly line of the West 180 feet of Lot 5 of the plat of “Maynard Subdivision”; THENCE northerly along the said easterly line to the northerly line of the said Lot 5; THENCE westerly along the said northerly line to the easterly line of Lot 2 of the plat of “A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard Subdivision”; THENCE northerly along the said easterly line and along the easterly line of Lot 1 of the said plat of “A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard Subdivision” to the northerly line of the said plat of ”A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard Subdivision”; THENCE easterly along the said northerly line to the easterly line of the west 240 feet of Lot 2 of the said plat of “Maynard Subdivision”; THENCE northerly along the said easterly line and its northerly extension to the southerly line of the northerly 232 feet of the said plat of “Maynard Subdivision”; THENCE westerly along the said southerly line to the easterly line of the westerly 213 feet of Lots 14 and 1 of the said plat of “Maynard Subdivision”; THENCE northerly along the said easterly line and its northerly extension to the northerly right of way of Parker Street; THENCE westerly along the said northerly right of way to the easterly right of way of the north-south alley through Block 1 of the plat of “I.C. Bradley’s Addition To The City Of Fort Collins”; THENCE northerly along the said easterly alley right of way to the southerly right of way of East Prospect Road; THENCE westerly along the said southerly right of way to the POINT OF BEGINNING. All Plats referred to in the above described description are Plats of record with the Clerk and Recorder of Larimer County. 30 I hear by state that the above description was prepared by me and is true and correct to the best of my professional knowledge belief and opinion. The above described tract is based upon previously recorded plats and deeds and not upon an actual field survey. Wallace C. Muscott Colorado P.L.S. 17497 PO Box 580 Fort Collins, CO 80525 April 20, 2011 31 Appendix C – Legal Description DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – Foothills Mall A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25 AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 25, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25 AS HAVING AN ASSUMED BEARING OF S00°04’53”W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTHERLY BOUNDARY OF LOT 1 OF THE “REPLAT OF TRACTS F, G, AND J, AND VACATED SERVICE ROAD, SOUTHMOOR VILLAGE, FIFTH FILING” AND THE WESTERLY EXTENSION THEREOF, N89°52'45"E, A DISTANCE OF 314.48 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1) ALONG THE WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET, S00°05'37"W, A DISTANCE OF 50.00 FEET; 2) ALONG THE SOUTHERLY RIGHT OF WAY LINE OF REMINGTON STREET, N89°52'45"E, A DISTANCE OF 60.00 FEET; 3) S51°41'04"E, A DISTANCE OF 145.40 FEET; 4) S89°35'23"E, A DISTANCE OF 138.50 FEET; 5) N00°05'37"E, A DISTANCE OF 141.63 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY AND ITS EASTERLY EXTENSION, N89°52'45"E, A DISTANCE OF 357.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TRACT K, SOUTHMOOR VILLAGE, FIFTH FILING; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF SAID TRACT K THE FOLLOWING FIVE (5) COURSES: 1) ALONG SAID EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, S00°14'56"E, A DISTANCE OF 215.33 FEET; 32 2) 23.98 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 91°36'53", AND A CHORD WHICH BEARS S46°03'22"E A DISTANCE OF 21.51 FEET; 3) 11.02 FEET ALONG THE ARC OF A REVERSE CURVE, HAVING A RADIUS OF 360.77 FEET, A CENTRAL ANGLE OF 01°45'00", AND A CHORD WHICH BEARS N89°00'07"E A DISTANCE OF 11.02 FEET; 4) N89°52'37"E, A DISTANCE OF 173.52 FEET; 5) N00°07'23"W, A DISTANCE OF 230.12 FEET TO THE NORTHWEST CORNER OF TRACT B OF THE FOOTHILLS FASHION MALL FOLEY’S EXPANSION; THENCE ALONG THE NORTHERLY BOUNDARY OF TRACTS B AND A OF SAID FOOTHILLS FASHION MALL FOLEY’S EXPANSION, N89°52'46"E, A DISTANCE OF 996.10 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STANFORD ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SEVEN (7) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF TRACT B OF SAID FOOTHILLS FASHION MALL FOLEY’S EXPANSION, 387.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,319.30 FEET, A CENTRAL ANGLE OF 16°48'53", AND A CHORD WHICH BEARS S08°17'12"W A DISTANCE OF 385.79 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, S16°41'39"W, A DISTANCE OF 93.03 FEET; 3) ALONG THE EASTERLY BOUNDARY OF THE FOOTHILLS FASHION MALL EXPANSION, S16°41'36"W, A DISTANCE OF 482.09 FEET; 4) CONTINUING ALONG SAID EASTERLY BOUNDARY, 327.62 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1,114.57 FEET, A CENTRAL ANGLE OF 16°50'30", AND A CHORD WHICH BEARS S08°16'21"W A DISTANCE OF 326.44 FEET; 5) CONTINUING ALONG SAID EASTERLY BOUNDARY, S00°08'53"E, A DISTANCE OF 170.00 FEET; 6) CONTINUING ALONG SAID EASTERLY BOUNDARY, S05°51'32"E, A DISTANCE OF 110.54 FEET; 7) CONTINUING ALONG SAID EASTERLY BOUNDARY AND ITS SOUTHERLY EXTENSION, S00°08'53"E, A DISTANCE OF 451.00 FEET TO A POINT ON THE 33 SOUTHERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED OCTOBER 30, 2012 AT RECEPTION NO. 20120076539 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE SOUTHERLY BOUNDARY OF THE TRACTS DESCRIBED IN THE DEEDS RECORDED AT RECEPTION NO. 20120076539, RECEPTION NO. 20050022855, AND RECEPTION NO. 2001099396, THE FOLLOWING SEVEN (7) COURSES: 1) 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'53"W A DISTANCE OF 21.21 FEET; 2) S89°51'07"W, A DISTANCE OF 214.00 FEET; 3) 312.91 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 398.41 FEET, A CENTRAL ANGLE OF 44°59'59", AND A CHORD WHICH BEARS N67°38'53"W A DISTANCE OF 304.93 FEET; 4) N45°08'54"W, A DISTANCE OF 129.24 FEET; 5) 275.94 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 351.34 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS N67°38'54"W A DISTANCE OF 268.90 FEET; 6) S89°51'06"W, A DISTANCE OF 199.36 FEET; 7) 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°51'06"W A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE S89°51'06"W, A DISTANCE OF 66.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'54"W A DISTANCE OF 21.21 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF EAST MONROE DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1) S89°51'06"W, A DISTANCE OF 12.16 FEET; 2) 146.82 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 221.32 FEET, A CENTRAL ANGLE OF 38°00'29", AND A CHORD WHICH BEARS S70°50'52"W A DISTANCE OF 144.14 FEET; 34 3) S51°50'37"W, A DISTANCE OF 327.70 FEET; 4) 179.17 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 273.41 FEET, A CENTRAL ANGLE OF 37°32'46", AND A CHORD WHICH BEARS S70°37'00"W A DISTANCE OF 175.98 FEET; 5) S89°23'22"W, A DISTANCE OF 138.44 FEET; THENCE 23.56 FEET ALONG THE ARC OF CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°23'23"W A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1) ALONG THE WESTERLY BOUNDARY OF STRACHAN SUBDIVISION, SECOND FILING, S00°19'07"E, A DISTANCE OF 576.93 FEET; 2) CONTINUING ALONG SAID WESTERLY BOUNDARY, S45°28'37"E, A DISTANCE OF 44.78 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE PLAT OF SAID STRACHAN SUBDIVISION, SECOND FILING; THENCE S03°26'10"W, A DISTANCE OF 105.31 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE FIRST REPLAT OF 1 ST CHOICE BANK OF FORT COLLINS; THENCE N88°14'59"W, A DISTANCE OF 154.42 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AND THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE REPLAT OF LOTS 1, 2, 3 & 4 – CREGER PLAZA SUBDIVISION; THENCE N00°32'51"W, A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE PLAT OF MATTERHORN P.U.D.; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING TEN (10) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF LOT 1, MATTERHORN P.U.D., N44°33'53"E, A DISTANCE OF 9.22 FEET; 2) ALONG THE EASTERLY BOUNDARY OF LOTS 1 AND 2, MATTERHORN P.U.D., N00°19'07"W, A DISTANCE OF 503.93 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF LOT 2, MATTERHORN P.U.D., S53°56'23"W, A DISTANCE OF 44.81 FEET; 4) ALONG THE EASTERLY BOUNDARY OF LOTS 2, 3, 4, 5 AND 11 OF SOUTH MESA SUBDIVISION AND THE SOUTHERLY EXTENSION THEREOF, N00°19'07"W, A DISTANCE OF 561.00 FEET; 5) N89°51'53"E, A DISTANCE OF 10.71 FEET; 6) N09°43'23"E, A DISTANCE OF 22.91 FEET; 35 7) 29.36 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 167.50 FEET, A CENTRAL ANGLE OF 10°02'32", AND A CHORD WHICH BEARS N04°42'09"E A DISTANCE OF 29.32 FEET; 8) N00°19'07"W, A DISTANCE OF 198.22 FEET; 9) S89°58'15"W, A DISTANCE OF 7.27 FEET TO THE SOUTHEAST CORNER OF LOT B, VILLA P.U.D.; 10) ALONG THE EASTERLY BOUNDARY OF SAID LOT B, N00°19'07"W, A DISTANCE OF 226.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT A, RICHIE’S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY OF TRACT A, AND ALONG THE SOUTHERLY BOUNDARY OF TRACT A, MOURNING SUBDIVISION, N89°59'07"W, A DISTANCE OF 665.15 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MCCLELLAND DRIVE AS SHOWN ON THE PLAT OF SAID MOURNING SUBDIVISION; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, N00°39'53"E, A DISTANCE OF 20.17 FEET; THENCE 23.39 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89°21'00", AND A CHORD WHICH BEARS N45°20'23"E A DISTANCE OF 21.09 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST FOOTHILLS PARKWAY AS SHOWN ON SAID MOURNING SUBDIVISION PLAT; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S89°59'07"E, A DISTANCE OF 213.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 69.10 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 160.00 FEET, A CENTRAL ANGLE OF 24°44'46", AND A CHORD WHICH BEARS N77°38'30"E A DISTANCE OF 68.57 FEET TO THE WESTERLY BOUNDARY OF LOT 1, RICHIE’S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID WESTERLY BOUNDARY, S00°04'53"W, A DISTANCE OF 14.69 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, S89°59'07"E, A DISTANCE OF 407.26 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING FOUR (4) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, N00°19'07"W, A DISTANCE OF 78.17 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, N00°04'53"E, A DISTANCE OF 86.83 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, N89°59'07"W, A DISTANCE OF 37.50 FEET TO THE SOUTHEAST CORNER OF LOT 3, MOURNING SUBDIVISION; 4) N00°04'53"E, A DISTANCE OF 870.84 FEET (BEING THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE MOURNING SUBDIVISION, THE POUDRE VALLEY MOTORS SUBDIVISION, AND THE REPLAT OF THE SWALLOW 36 SUBDIVISION); THENCE S89°57'07"E, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 89.729 ACRES MORE OR LESS AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. THE ABOVE DESCRIBED TRACT IS BASED UPON PREVIOUSLY RECORDED PLATS AND DEEDS AND NOT UPON AN ACTUAL FIELD SURVEY. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Planning\MID TOWN URBAN RENEW PLAN AREA\LEGAL\ Foothills TIF Lgl 2012 rev1-21-13.docx Midtown Plan Area Substantial Modification Josh Birks, Director, Economic Health Office; and Patrick Rowe, Interim Redevelopment Coordinator 12-01-15 Past Actions • 2011 - Create the Midtown Urban Renewal Plan and Prospect South Tax Increment District • 2013 – Amend the Midtown Urban Renewal Plan to include the Foothills Mall Tax Increment District Tonight’s Action • Substantially modify the Midtown Urban Renewal Plan to exclude all already not currently in the Prospect South or Foothills Tax Increment Districts (and a connection along S. College Avenue right-of-way) Existing Boundary Revised Boundary Why the change? • Reaction to House Bill 2015-1348 (“HB15-1348”) • An effort to minimize the impact of HB15-1348 on the two existing tax increment districts within the current plan • Clarify that any future urban renewal activities in the excluded area will comply with HB15-1348 • Without adverse affects on the existing and future activities in the two existing districts Authorized Activities This resolution: 1. Substantially modifies the plan area – removing the “Excluded Area” as shown on the map 2. Modifies the definition of “project” within the Midtown Plan to clarify the plan refers to a single project • Blight remediation and prevention RESOLUTION 2015-107 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING LEGISLATIVE FINDINGS AND APPROVING A SECOND SUBSTANTIAL MODIFICATION OF THE MIDTOWN URBAN RENEWAL PLAN WHEREAS, on January 5, 1982, the City Council adopted Resolution 82-10 establishing within the boundaries of the City of Fort Collins, Colorado (the “City”) the Fort Collins Urban Renewal Authority (the "Authority") and designating the City Council to serve as the Authority’s Board of Commissioners (the “Authority Board”); and WHEREAS, on September 6, 2011, City Council adopted Resolution 2011-081 approving the Midtown Urban Renewal Plan (the “Original Plan”) in accordance with the Colorado Urban Renewal Law, C.R.S. Sections 31-25-101, et seq. (the “Act”); and WHEREAS, the Original Plan identifies and legally describes approximately 658.5 acres of land as being within the Plan’s boundaries as depicted on the map attached as Exhibit “A” and legally described in the attached Exhibit “B” (the “Plan Area”); and WHEREAS, the Original Plan was adopted to facilitate the elimination and prevention of blighted areas within the Plan Area by promoting and assisting undertakings and activities within the Plan Area involving the development, redevelopment and rehabilitation of properties within the Plan Area as part of a single “urban renewal project,” as this term is defined and used in the Act (the “Midtown Project”); and WHEREAS, the Original Plan also established a tax increment financing district within the Plan Area known as "Prospect South,” which district is depicted on Exhibit “A” (the “Prospect TIF District”); and WHEREAS, on May 7, 2013, City Council adopted modifications to the Original Plan (the “First Amended Plan”) in Resolution 2013-043, which established within the Plan Area a second tax increment financing district known as “Foothills Mall”, which district is also depicted on Exhibit “A” (the “Mall TIF District”); and WHEREAS, the Prospect TIF District and the Mall TIF District shall be jointly referred to as the “TIF Districts;” and WHEREAS, on September 8, 2015, the Authority Board adopted Resolution No. 077 submitting to the Council for its future consideration a substantial modification of the First Amended Plan under the Act (the “Authority Resolution”); and WHEREAS, the substantial modification proposed in the Authority Resolution modifies the First Amended Plan in two respects; and WHEREAS, since adoption of the Original Plan, the Authority has provided assistance to several urban renewal undertakings and activities within the TIF Districts as part of the Midtown Project (the “Existing Undertakings”); and WHEREAS, in May 2015 the Colorado General Assembly adopted House Bill 2015- 1348 (“HB-1348”) which amended the Act to require, beginning January 1, 2016, that municipalities having an urban renewal authority must follow a negotiation and binding mediation process with other affected taxing entities for any proposed modification to an urban renewal plan that would add a new “urban renewal project” to the plan; and WHEREAS, City Council adopted the Original Plan with the intent and expectation that it would describe and authorize the Midtown Project as only one “urban renewal project,” as this term is defined in the Act, within which any number of undertakings and activities could occur, such as the Existing Activities; and WHEREAS, these HB-1348 amendments to the Act have created considerable uncertainty as to when the City will be required to follow this negotiation and binding mediation process in the future when new undertakings or activities are being proposed under the First Amended Plan and how this process might affect the Existing Undertakings; and WHEREAS, City staff has therefore recommended to City Council that the First Amended Plan be modified by amending language in the First Amended Plan to make clear that the First Amended Plan identifies and authorizes only one “urban renewal project,” that being the Midtown Project; and WHEREAS, the first modification amends the wording of the First Amended Plan to make clear that the First Amended Plan identifies and authorizes only one urban renewal project, the Midtown Project (the “First Modification”); and WHEREAS, pursuant to C.R.S. Section 31-25-107(7), City Council hereby finds that the First Modification will not be a substantial modification of the First Amended Plan because the First Modification does not result in any substantial change in the land area, land use, design, building requirements, timing or procedure as previously approved in the First Amended Plan; and WHEREAS, the second modification excludes from the Plan Area approximately 490.7 acres of land that are currently not located in either of the TIF Districts except for certain portions of South College Avenue that are not in the TIF Districts that will remain in the Plan Area in order to connect the two TIF Districts (the “Second Modification”), which excluded land is depicted on the attached Exhibit “C” and legally described in the attached Exhibit “D” (the “Excluded Area”); and WHEREAS, as a result of the Second Modification, the new plan area of the First Amended Plan will be reduced to approximately 167.8 acres of land, which area is depicted on Exhibit “C” and legally described in the attached Exhibit “E (the “New Plan Area”); and WHEREAS, since the Second Modification results in a substantial change of the First Amended Plan’s land area, although it will be a decrease and not an increase in land area, under Section 31-25-107(7) the Second Modification is arguably a substantial modification of the First Amended Plan that is subject to the notice, hearing and other applicable requirements of Section 31-25-107; and WHEREAS, one of these requirements is in Section 31-25-107(1)(b) and it requires that an urban renewal authority, within thirty days of commissioning a blight study for an area proposed to be included in a new or existing urban renewal plan, to mail notices that it is commencing the blight study to all fee title owners of private property in the proposed study area at their last-known address of record; and WHEREAS, since under the proposed First Modification and Second Modification (jointly, the “Modifications”) no new land is being added to the Plan Area, but instead is removed, and since the remaining New Plan Area has been previously determined to be a blighted area under the Act by Council in its Resolutions 2011-080 and 2011-081, both adopted on September 6, 2011, the Authority found in the Authority Resolution that there was no need for a blight study for the Modification and, therefore, that the notice called for under Section 31- 25-107(1)(b) was not required, which finding the Council hereby adopts; and WHEREAS, the Authority Board nevertheless directed in the Authority Resolution that the Authority mail notices of the Modifications to all fee title owners of private property in the Plan Area and to notify them in the notice that a blight study involving their properties would not be conducted for the Modifications for the reasons stated in the Authority Resolution (the “Blight Study Notice”); and WHEREAS, the Authority mailed the Blight Study Notice to all required property owners on October 21, 2015; and WHEREAS, Section 31-25-107(3.5)(a) requires the City Council or the Authority, at least thirty days prior to the Council conducting a hearing to consider a substantial modification of an urban renewal plan, to submit to the Larimer County Board of Commissioners (the “County”) the proposed modification and an “urban renewal impact report” if the County’s property taxes will be collected and used under the substantial modification; and WHEREAS, the Authority Board found in the Authority Resolution that it was not necessary to submit an “urban renewal impact report” to the County since the Second Modification simply removes the Excluded Area from the Plan Area and the Excluded Area is not currently in one of the TIF Districts, so no County property tax increment has been or is being collected from the Excluded Area and used under the First Amended Plan, which finding the Council hereby adopts; and WHEREAS, the Authority Resolution therefore directed the Authority to submit a written notice to the County describing the Modification and stating that the Modifications have no impacts on the County as such impacts are defined in Section 31-25-107(3.5)(a)(I)-(V) (the “County Notice”); and WHEREAS, on October 22, 2015, the Authority submitted the County Notice to the County; and WHEREAS, on September 15, 2105, City Council adopted Resolution 2015-084 directing that the Modification be submitted to the City’s Planning and Zoning Board as required by Section 31-25-107(2) and to the Poudre School District (the “School District”) as required by 31-25-107(9)(d); and WHEREAS, Section 31-25-107(2) required City Council to submit the Modification to the City’s Planning and Zoning Board prior to the Council approving the Modification so that the Planning and Zoning Board could review the Modification and provide its written recommendation to the Council on the sole question of whether the Modification is in conformity with the City’s general plan for development of the City as a whole, which is the City’s comprehensive plan titled “City Plan – Fort Collins” and dated February 15, 2011 (“City Plan”); and WHEREAS, at its October 8, 2015 meeting the Planning and Zoning Board considered the Modification as required by Section 31-25-107(2) and adopted a resolution finding that the First Amended Plan as amended by the Modification is in conformity with City Plan; and WHEREAS, since the Excluded Area and the New Plan Area include within each of them both single- and multiple-family residences, Section 31-25-107(9)(d) arguably requires that the School District be notified of the Modification to participate in an advisory capacity concerning the proposed Modification if it desires to; and WHEREAS, on October 16, 2015, the City submitted the Modification to the School District; and WHEREAS, on October 20, 2015, City Council adopted Resolution 2015-090 setting December 1, 2015, as the date of the Council’s hearing to consider approval of the Modification, as required by Section 31-25-107(3)(a); and WHEREAS, Section 31-25-107(3)(a) also required that notice of the December 1, 2015, public hearing be published in a newspaper of general circulation within the City at least thirty (30) days before the hearing with the notice describing the time, date, place and purpose of the hearing and generally identify the portions of the Plan Area affected by the Modification and outline the general scope of the Modification (the “Published Notice”); and WHEREAS, the Published Notice was published on October 25, 2015, in the Fort Collins Coloradoan, a newspaper of general circulation within the City; and WHEREAS, Section 31-25-107(4)(c) also required that reasonable efforts be made to provide written notice of the Council’s public hearing to all property owners, residents, and owners of business concerns in the Plan Area at their last known address of record at least thirty (30) days before the scheduled hearing and that such notice contain the information required by Section 31-25-107(3)(a) for the Published Notice (the “Mailed Notice”); and WHEREAS, the Mailed Notice was mailed to all required property owners, residents and business owners on October 30, 2015; and WHEREAS, the changes proposed in the First Modification and the Second Modification have been made to the First Amended Plan resulting in the “Midtown Urban Renewal Plan” dated December 1, 2015, which is attached as Exhibit “F” (the “Second Amended Plan); and WHEREAS, on this day, December 1, 2015, City Council has conducted a noticed public hearing on the Second Amended Plan in compliance with all applicable requirements of the Act; and WHEREAS, based on City Council’s review of the Second Amended Plan and the record before it at the hearing, the Council hereby finds and determines that Council’s approval of Second Amended Plan is in the best interest of the City and its citizens, it is consistent with the purposes of the Act, and it satisfies all applicable requirements of the Act. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are hereby incorporated as if fully set forth herein and the Council hereby makes and adopts all of the findings and determinations set forth in those recitals. In addition, all attached exhibits are hereby incorporated as if fully set forth herein. Section 2. That in addition to the findings and determinations made in Section 1, the Council hereby finds, determines, declares, ratifies and reaffirms the following with respect to the Modification of the First Amended Plan as now reflected in the Second Amended Plan: (a) The New Plan Area was previously declared by Council in its Resolutions 2011- 080, 2011-081, 2013-014 and 2013-043 (collectively, the “Midtown Resolutions”) to be a blighted area by reason of the presence of seven factors as defined in the Act, which factors, taken together, substantially impair the sound growth of the City, constitute an economic and social liability, and negatively affect the public health, safety, morals and welfare of the City. (b) The boundaries of the New Plan Area have been drawn as narrowly as the Council determines feasible to accomplish the planning and development objectives of the Second Amended Plan. (c) The Second Amended Plan meets the requirements of Section 31-25-105.5(2) of the Act, and the Authority is authorized to acquire any interest in property (including a fee interest, for subsequent transfer to a private party) by any means available, including, without limitation, by exercise of the power of eminent domain under the terms and conditions of the Second Amended Plan and any other requirements of any applicable law. (d) The Council’s decision to authorize the use of eminent domain in the Second Amended Plan is based on its findings that the New Plan Area is a blighted area as defined in the Act. (e) The Existing Undertakings that currently constitute the Midtown Project have been commenced no later than seven (7) years from the effective date of Resolution 2011-081. (f) The Second Amended Plan requires full compliance with all statutory requirements applicable to the exercise of eminent domain by the Authority, which include, but may not be limited to, the following: (1) Prior to the commencement of negotiation of an agreement for redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, the Authority shall have provided notice and invited proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property acquired or to be acquired by eminent domain in the New Plan Area by mailing notice to their last known address of record. (2) In the case of a set of parcels to be acquired by the Authority in connection with the Midtown Project, at least one of which is owned by an owner refusing or rejecting an agreement for the acquisition of the entire set of parcels, the Authority must make a determination that the redevelopment or rehabilitation of the remaining parcels is not viable under the Second Amended Plan without the parcel at issue. (3) Acquisition of any property by eminent domain shall be for the purpose of preventing or eliminating conditions of blight without regard to the economic performance of the property to be acquired. (4) The Authority shall have adopted relocation assistance and land acquisition policies to benefit displaced persons that are consistent with those set forth in Article 56 of Title 24, C.R.S., to the extent applicable to the facts of each specific property, and, at the time of the relocation of the owner or the occupant, shall provide compensation or other forms of assistance to any displaced person in accordance with such policies, and, in the case of a business concern displaced by the acquisition of property by eminent domain, the Authority shall make a business interruption payment to the business concern not to exceed the lesser of $10,000 or one-fourth of the average annual taxable income shown on the three most recent federal income tax returns of the business concern. (5) In any case where the acquisition of property by eminent domain by the Authority displaces individuals, families, or business concerns, the Authority shall make reasonable efforts to relocate such individuals, families, or business concerns within the New Plan Area, where such relocation is consistent with the uses provided in the Second Amended Plan, or in areas within reasonable proximity of, or comparable to, the original location of such individuals, families, or business concerns. (6) The Second Amended Plan meets the requirements of the Act, and the principal public purpose for adoption of the Second Amended Plan is to facilitate redevelopment of the New Plan Area in order to eliminate or prevent the spread of a physically blighted area as defined in the Act. (g) To the extent any relocation of individuals or families will be required in connection the Second Amended Plan, a feasible method exists for the relocation of those individuals and families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families. (h) To the extent any relocation of business concerns will be required with the Second Amended Plan, a feasible method exists for the relocation of those business concerns in the New Plan Area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities. (i) The Second Amended Plan was approved within one hundred twenty (120) days of commencement of the first public hearing on the Second Amended Plan. (j) Section 31-25-107(4)(e) does not apply because the Council did not fail to previously approve the Second Amended Plan. (k) The City or the Authority will adequately finance any additional County infrastructure and services required to serve development within the New Plan Area for the period in which all or any portion of the property taxes described in Section 31-25- 107(9)(a)(II) and levied by the County are paid to the Authority. (l) The Second Amended Plan conforms to City Plan as a whole. (m) The Original Plan and the First Amended Plan have afforded, and the Second Amended Plan will continue to afford, maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the New Plan Area by private enterprise. (n) There is no land that constitutes agricultural land as defined in Section 31-25- 103(1) that is being added to the New Plan Area. (o) There is no open land within the meaning of Sections 31-25-107(5) and (6) that is being added to the New Plan Area. Section 3. That the Second Amended Plan is hereby adopted and, as so adopted, is intended to supersede and replace in all respects the Original Plan and the First Amended Plan. However, the Midtown Resolutions and all of Council’s findings and determinations in them shall remain in full force and effect as applied to the New Plan Area except to the extent expressly superseded or updated by this Resolution. Section 4. That the City Clerk is hereby directed to promptly deliver a certified copy of this Resolution with all attached exhibits to the Larimer County Assessor as required by C.R.S. Section 31-25-107(10). Passed and adopted at a regular meeting of the Council of the City of Fort Collins on this 1st day of December A.D. 201 5. ________________________________ Mayor ATTEST: ___________________________ City Clerk ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! !!!!! ! ! ! ! ! SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS REMINGTON TROUTMAN LEMAY SWALLOW STOVER LAKE CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY SENECA BOARDWALK HINSDALE STANFORD BROOKWOOD STUART MANHATTAN KEENLAND PITKIN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDER OGA HIGHCASTLE WINDMILL Exhibit "B" Page 1 of 3 Exhibit "B" Page 2 of 3 Exhibit "B" Page 3 of 3 # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ### # # # # # # # # # # # # # # # ###### # # # # # # # # # # # # # # # # # # # SHIELDS COLLEGE DRAKE PROSPECT LEMAY HORSETOOTH MASON HARMONY BOARDWALK JOHN F KENNEDY LANDINGS REMINGTON LEMAY STOVER SWALLOW STUART CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY HINSDALE STANFORD BROOKWOOD MANHATTAN WHALERS CENTENNIAL WELCH Exhibit "D" Page 1 of 7 Exhibit "D" Page 2 of 7 Exhibit "D" Page 3 of 7 Exhibit "D" Page 4 of 7 Exhibit "D" Page 5 of 7 Exhibit "D" Page 6 of 7 Exhibit "D" Page 7 of 7 Exhibit "E" Page 1 of 5 Exhibit "E" Page 2 of 5 Exhibit "E" Page 3 of 5 Exhibit "E" Page 4 of 5 Exhibit "E" Page 5 of 5 Midtown Urban Renewal Plan Prepared for: City of Fort Collins and Fort Collins Urban Renewal Authority Adopted: September 6, 2011 (Including Tax Increment Financing District-Prospect South) Amended: May 7, 2013 to add Tax Increment Financing District-Foothills Mall Amended: December 1, 2015, to exclude 490.7 acres from the Plan Area and to clarify that this Plan authorizes and describes only one urban renewal project Prepared By: Fort Collins Urban Renewal Authority 2 This page intentionally left blank. 3 Contents 1. Introduction ................................................................................................................ 4 2. Blight Conditions…………………………………………………………………………………………………. 9 3. Plan Objectives .......................................................................................................... 11 4. Authorized Urban Renewal Undertakings and Activities ......................................... 12 Public Improvements and Facilities .............................................................................. 12 Cooperative Agreements .............................................................................................. 12 Purchase of Property .................................................................................................... 13 Demolition, Clearance, Environmental Remediation, and Site Prep ............................ 13 Property Disposition ..................................................................................................... 13 Redevelopment Agreements ........................................................................................ 13 Relocation Assistance ................................................................................................... 14 Hiring ............................................................................................................................. 14 Legal Authority .............................................................................................................. 14 Catalyst and Enhancement Projects ............................................................................. 14 5. Development Standards and Procedures ................................................................. 14 6. Conformance ............................................................................................................. 14 Urban Renewal Law ...................................................................................................... 14 City Plan ........................................................................................................................ 15 7. Midtown Project Financing ....................................................................................... 17 Tax Increment Financing (TIF) District Boundaries ....................................................... 18 Prospect South Tax Increment District ......................................................................... 18 Foothills Mall Tax Increment District ............................................................................ 19 Tax Increment Reimbursement .................................................................................... 20 8. Modifications to the Plan .......................................................................................... 21 9. Reasonable Variations .............................................................................................. 21 10. Effective Date of the Plan and TIF Provisions ............................................................. 21 Appendix A – Legal Description ........................................................................................ 22 DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA ................................ 22 Appendix B – Legal Description ........................................................................................ 27 DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – PROSPECT SOUTH .... 27 Appendix C – Legal Description ........................................................................................ 29 DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – Foothills Mall............ 29 List of Figures Figure 1: Midtown Urban Renewal Plan Boundary ........................................................... 6 Figure 2: Tax Increment Financing District – Prospect South ............................................ 7 Figure 3. Tax Increment Financing District -- Foothills Mall…………………………………………..8 4 1. Introduction The Midtown Urban Renewal Plan (Plan) is a plan prepared for the Fort Collins Urban Renewal Authority (Authority) and the City of Fort Collins (the City), pursuant to the provisions of the Urban Renewal Law, Colo. Rev. Stat. § 31-25-101 et seq. (Urban Renewal Law). Terms used in the Plan have the same meaning as in the Urban Renewal Law. The jurisdictional boundaries of the Authority are the same as the boundaries of the City. Within the City boundaries there may be one or more urban renewal plan areas. This Plan describes the framework for certain urban renewal undertakings and activities constituting a single “urban renewal project”, a this term is defined and used in the Urban Renewal Law, and other authorized activities under the Urban Renewal Law (Midtown Project) in the Midtown Urban Renewal Plan Area (Plan Area), located in the City of Fort Collins, Larimer County, Colorado. This Plan was prepared for adoption by the City Council in recognition that the Midtown Commercial Corridor requires a coordinated, cooperative strategy, with financing possibilities, to eliminate unfavorable existing conditions and prevent further deterioration. This Plan intends to accomplish the City’s development objectives for improving the viability of the commercial corridor by creation of the Plan Area and the implementation of the Midtown Project within the Plan Area. The driving interest in adopting this Plan and implementing the Midtown Project is to begin offering tax increment financing (TIF) as a tool to stimulate and leverage both public and private sector development (including redevelopment), to help remedy adverse conditions and prevent the spread of further deterioration. It is the intent of this Plan for any renewal undertakings and activities pursued under this Plan as part of the Midtown Project and other implementation actions that they be done in a responsive manner, with full consideration for interests and concerns of property owners in the Plan Area. Such undertakings and activities are anticipated to occur incrementally over a substantial period of time, with the potential for Authority financing to provide the impetus and means to undertake these undertakings and activities at a faster pace than might occur otherwise. The Plan effort originated in response to the Midtown Redevelopment Study adopted in 2010 where one of the primary action items for implementation concluded the need for an Existing Conditions Survey and Urban Renewal Plan. The Plan has been made available to City of Fort Collins residents. Input was solicited of area residents, property owners and business owners and tenants prior to completion of the Plan. Notifications of public hearings and an open house were provided to property owners, tenants, and residents within and surrounding the study area stating the 5 following: time, date, place, and a description of the Plan Area and of the general scope of the Midtown Project under the Plan. Meetings were held before the Planning and Zoning Board and City Council in spring 2011 to receive comments and input on this Plan. To the extent provided in Colorado Public Records Act, Colo. Rev. Stat. Title 24, Article 72, Part 2 as the same may be amended from time to time, and pursuant to policies adopted by the Authority, project plans and proposals will be made available to the public. In addition, in connection with review of the Plan and amendment of the Plan to adopt the Tax Increment Financing District – Foothills Mall, additional public notice, solicitation of comments, and public hearing were conducted, including review by the Fort Collins Planning and Zoning Board on May 6, 2013, culminating in a public hearing before the City Council on May 7, 2013. Description of the Plan Area The Plan Area, as modified on December 1, 2015, is approximately 167.8 acres, including certain portions of the South College Avenue right-of-way. The City of Fort Collins Structure Plan identifies this area as a commercial corridor. The City of Fort Collins Zoning Map indicates this area is primarily zoned C-commercial with some additional zones; HC – Harmony Corridor, E – Employment, and CC-Community Commercial. The Plan Area is depicted on the Boundary Map on the following page (Figure 1). A legal description of the area is attached hereto as Appendix A. Description of the Tax Increment Financing District – Prospect South The Tax Increment Financing District - Prospect South (the “Prospect South TIF District”) is depicted on the Boundary Map in Figure 2. A legal description of the district is attached hereto as Appendix B. Description of the Tax Increment Financing District – Foothills Mall The Tax Increment Financing District – Foothills Mall (the “Foothills Mall TIF District”) is depicted on the Boundary Map in Figure 3. A legal description of the district is attached hereto as Appendix C. 6 Figure 1: Midtown Urban Renewal Plan Boundary 7 Figure 2: Tax Increment Financing District – Prospect South 8 Figure 3: Tax Increment Financing District – Foothills Mall 9 2. Blight Conditions Before an urban renewal plan can be adopted by the City, the determination that an area constitutes a blighted area depends upon the presence of several physical, environmental, and social factors. Blight is indeed attributable to a multiplicity of conditions which, in combination, tend to accelerate the phenomenon of deterioration of an area. The definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: “Blighted area” means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: a. Slum, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street layout; c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d Unsanitary or unsafe conditions; e Deterioration of site or other improvements; f. Unusual topography or inadequate public improvements or utilities; g. Defective or unusual conditions of title rendering the title nonmarketable; h. The existence of conditions that endanger life or property by fire and other causes; i. Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; j. Environmental contamination of buildings or property; k.5 The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, building, or other improvements; or l. If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, 10 morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. To be able to use the powers of eminent domain, “blighted” means that five of the eleven factors must be present (C.R.S. § 31-25-105.2(2)(a)(I)): (a) “Blighted area” shall have the same meaning as set forth in section 31-25-103 (2); except that, for the purposes of this section only, “blighted area” means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. Source: Colorado Revised Statute 31-25-103(2). Several principles have been developed by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. The definition of “blighted area” contained in the Urban Renewal Law is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration.” Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981). Second, the presence of one well maintained building does not defeat a determination that an area constitutes a blighted area. A determination of blight is based upon an area “taken as a whole,” and not on a building-by-building basis. Interstate Trust Building Co. v. Denver Urban Renewal Authority, 473 P.2d 978, 981 (Colo. 1970). Third, a governing body’s “determination as to whether an area is blighted….is a legislative question and the scope of review by the judiciary is restricted.” Tracy, 635 P.2d at 909. A court’s role in reviewing such a blight determination is simply to independently verify if the conclusion is based upon factual evidence determined by the City Council at the time of a public hearing to be consistent with the statutory definition. Based on the evidence presented at a public hearing, and in the Midtown Existing Conditions Survey, dated April 2011, the City Council, by Resolutions 2011-080 and 2011-081, both adopted on September 6, 2011, and ratified and reaffirmed by City Council on February 28, 2013, in Resolution 2013-014 and on May 7, 2013, in Resolution 11 2013-043, made a finding that the Plan Area was “blighted” as defined by the Urban Renewal Law, by the existence of the following seven factors: a. Slum, deteriorated, or deteriorating structures b. Predominance of defective or inadequate street layout c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness d. Unsanitary or unsafe conditions e. Deterioration of site or other improvements f. Unusual topography or inadequate public improvements or utilities k.5. Health, safety, or welfare factors requiring high levels of municipal services or substantial underutilization or vacancy of buildings, sites, or improvements The City Council also found that these factors, taken together, substantially impair the sound growth of the City, constitute an economic and social liability, and negatively affect the public health, safety and welfare of the community. Based on evidence of the “blighted” factors, the Plan Area is appropriate for authorized renewal undertakings and activities of the Authority as part of the Midtown Plan pursuant to the Urban Renewal Law. 3. Plan Objectives The overall objective of this Plan is for the Midtown Project to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents:  City Plan (The City of Fort Collins Comprehensive Plan)  City of Fort Collins Master Street Plan  Fort Collins Infill Infrastructure Report  City of Fort Collins Master Transportation Plan  Mason Corridor Economic Study  Midtown Redevelopment Study To do this, this Plan is intended to stimulate private sector development in and around the Plan Area with a combination of private investment, Authority financing, and public investment. The Plan will assist progress toward the following additional objectives:  To facilitate redevelopment and new development by private enterprise through cooperation among developers and public agencies to plan, design, and build needed improvements.  To address and remedy conditions in the area that impair or arrest the sound growth of the City.  To implement the Comprehensive Plan and its related elements. 12  To redevelop and rehabilitate the area in a manner which is compatible with and complementary to unique circumstances in the area.  To effectively utilize undeveloped and underdeveloped land.  To improve pedestrian, bicycle, vehicular and transit-related circulation and safety.  To ultimately contribute to increased revenues for all taxing entities.  To encourage the voluntary rehabilitation of buildings, improvements and conditions.  To facilitate the enforcement of the laws and regulations applicable to the Plan Area.  To watch for market and/or project opportunities to eliminate blight, and when such opportunities exist, to take action within the financial, legal and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement and rehabilitation projects. 4. Authorized Urban Renewal Undertakings and Activities To support progress toward the objectives, the Authority may undertake as part of the Midtown Project any of the following renewal undertakings and activities, as deemed appropriate for the elimination or prevention of blight factors within the Plan Area, pursuant to the Urban Renewal Law: Public Improvements and Facilities The Authority may cause, finance or facilitate the design, installation, construction and reconstruction of public improvements in the Plan Area. In order to promote the effective utilization of undeveloped and underdeveloped land in the Plan Area, the Authority may, among other things, enter into financial or other agreements with the City of Fort Collins to provide the City with financial or other support in order to encourage or cause the City to invest funds for the improvement of storm drainage, street conditions and other infrastructure deficiencies in the Plan Area. Cooperative Agreements For the purposes of planning and implementing this Plan, the Authority may enter into one or more cooperative agreements with the City or other public entities. Such agreement may include provisions regarding Midtown Project financing and implementation; design, location, construction of public improvements; and any other matters required to implement this Plan. Potential entities include but not limited to: Xcel Energy, Qwest, Comcast, Poudre Valley Fire Authority, Poudre Valley Rural Electric Association and Fort Collins-Loveland Water District. 13 Purchase of Property In the event that the Authority finds it necessary to purchase any real property for the Midtown Project to remedy blight factors pursuant to the Urban Renewal Law and this Plan, the Authority may do so by any legal means available, including the exercise of the power of eminent domain, pursuant to the Urban Renewal Law. If the power of eminent domain is to be exercised for the purpose of transfer of property to another private person or entity, the Authority’s decision whether to acquire the property through eminent domain shall be guided by the following criteria, with the understanding that these guidelines shall not be construed to constrain the Authority’s legal ability to exercise the power of eminent domain:  All requirements of the Urban Renewal Law, including eminent domain procedures, have been met.  Other possible alternatives have been thoroughly considered by the Authority.  Good faith negotiations by the Authority and/or the project developer have been rejected by the property owner.  Reasonable efforts have been undertaken to: (a) understand and address the property owner's position and his or her desires for the property and for any existing business on the site, and (b) work with the owner to either include the owner in planning the proposed development or purchase the property and relocate the owner in accordance with the Urban Renewal Law on terms and conditions acceptable to the owner. Demolition, Clearance, Environmental Remediation, and Site Prep The Authority may on a case-by-case basis, elect to demolish or to cooperate with others to clear buildings, structures, and other improvements. Development activities consistent with this Plan may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. Property Disposition The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Redevelopment Agreements The Authority may enter into redevelopment agreements with property owners or developers in the Plan Area to facilitate participation and assistance that the Authority may choose to provide to such owners or developers. These may include provisions regarding project planning, public improvements, financing, design, and any other matters allowed pursuant to the Urban Renewal Law. 14 Relocation Assistance It is not expected that the activities of the Authority will displace any person, family, or business. However, to the extent that in the future the Authority may purchase property causing displacement of any person, family, or business, it shall develop a relocation program to assist any such party in finding another location pursuant to the Urban Renewal Law, and provide relocation benefits consistent with the Urban Renewal Law. There shall be no displacement of any person or business without there being in place a relocation program, which program shall become a part of this Plan when adopted. Hiring The Authority may employ consultants, agents, and employees, permanent and temporary, and it shall determine their qualifications, duties, and compensation. Legal Authority The Authority may also exercise all other powers given to it under the Urban Renewal Law. Catalyst and Enhancement Projects Rehabilitation and redevelopment of the properties surrounding the Plan Area that will continue to foster cleanup, preservation and redevelopment of nearby properties. Additional public infrastructure, not limited to pedestrian amenities, enhanced landscaping, public transportation improvements, public utilities, or public art and architectural features as well as access to services, meeting facilities and shopping options may also further redevelopment of the Plan Area. 5. Development Standards and Procedures All development within the Plan Area shall conform to the Land Use Code and any site specific zoning regulations or policies which might impact properties, all as in effect and as may be amended from time to time. While State statute authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Plan Area, the City will regulate land use and building requirements through existing municipal codes and ordinances. 6. Conformance Urban Renewal Law This Plan is in conformity with and subject to the applicable statutory requirements of the Urban Renewal Law. 15 City Plan The City’s adopted Comprehensive Plan, known as City Plan, describes desirable land use and transportation patterns, with goals and policies for those topics along with community appearance and design, the environment, open lands, housing, the economy, and growth management. Briefly summarized, the land use pattern envisioned by these plans for the Plan Area is a commercial corridor well-integrated with surrounding development. The Plan Area is envisioned to evolve with improved community design and streetscapes, in an interconnected framework of streets and blocks. One of the purposes of this Plan is to implement the vision for the Plan Area as a commercial corridor with mixed-use residential improvements, as well as create a connection to the Mason Corridor for improved transit circulation. This Plan is intended to provide mechanisms to facilitate implementation of City Plan, and therefore it is in direct conformance with City Plan. The following excerpts from City Plan highlight the linkage between City Plan and this Urban Renewal Plan. These are representative excerpts, and not an all-inclusive listing of relevant statements: Principle EH 4: The City will encourage the redevelopment of strategic areas within the community as defined in the Community and Neighborhood Livability and Neighborhood Principles and Policies. Policy EH 4.1: Prioritize Targeted Redevelopment Areas Create and utilize strategies and plans, as described in the Community and Neighborhood Livability and Neighborhood chapter’s Infill and Redevelopment section, to support redevelopment areas and prevent areas from becoming blighted. The Targeted Infill and Redevelopment Areas (depicted on Figure LIV 1 in the Community and Neighborhood Livability chapter) shall be a priority for future development, capital investment, and public incentives. Policy EH 4.2: Reduce Barriers to Infill Development and Redevelopment Develop new policies and modify current policies, procedures, and practices to reduce and resolve barriers to Infill development and redevelopment. Emphasize new policies and modifications to existing policies that support a sustainable, flexible, and predictable approach to infill development and redevelopment. Policy LIV 5.1: Encourage Targeted Redevelopment and Infill Encourage redevelopment and infill in Activity Centers and Targeted Infill and Redevelopment Areas identified on the Targeted Infill and Redevelopment Areas Map. The purpose of these areas is to:  Promote the revitalization of existing, underutilized commercial and industrial areas. 16  Concentrate higher density housing and mixed-use development in locations that are currently or will be served by high frequency transit in the future and that can support higher levels of activity.  Channel development where it will be beneficial and can best improve access to jobs, housing, and services with fewer and shorter auto trips.  Promote reinvestment in areas where infrastructure already exists.  Increase economic activity in the area to benefit existing residents and businesses and, where necessary, provide the stimulus to redevelop. Areas identified on the Targeted Infill and Redevelopment Areas Map are parts of the City where general agreement exists that redevelopment and infill would be beneficial. These areas are generally considered a priority for efforts to reduce barriers and concentrate public investment in infrastructure. However, of the areas identified, the “community spine” (see Policy LIV 5.2) shall be the highest priority location for such efforts. Areas not shown on the Targeted Infill and Redevelopment Areas map are not excluded from redevelopment and infill activity, but are considered to be lower priority or where activity is less likely to occur for other reasons. Policy LIV 5.2: Target Public Investment along the Community Spine Together, many of the Targeted Redevelopment Areas and Activity Centers form the “community spine” of the City along College Avenue and the Mason Corridor. The “community spine” shall be considered the highest priority area for public investment in streetscape and urban design improvements and other infrastructure upgrades to support infill and redevelopment and to promote the corridor’s transition to a series of transit-supportive, mixed-use activity centers over time. Established residential neighborhoods adjacent to College Avenue and the Mason Corridor will be served by improvements to the “community spine” over time, but are not intended to be targeted for infill or redevelopment. Policy LIV 5.3: Policy LIV 5.3 – Identify Additional Redevelopment and Infill Areas as Appropriate Utilize subarea plans to help designate areas for redevelopment and infill that are not identified on the Targeted Infill and Redevelopment Areas Map. Within these plans, support the development of appropriate design standards to protect the character of neighborhoods and to ensure conformance with City Plan. Principle LIV 34: General Commercial Districts will include a wide range of community and regional uses, in various sizes and scales, designed for convenient access by all modes of travel, efficient circulation, and a comfortable pedestrian environment. Policy LIV 34.2: Mix of Uses Although many existing General Commercial Districts in the City consist of single-use commercial centers today, the incorporation of a broader mix of uses is desirable over time: 17  Principal uses: Retail, restaurants, office, and other commercial services.  Supporting uses: Entertainment, high-density residential, day care (adult and child), and other supporting uses.  Policy LIV 34.3: Support the Revitalization of Existing Strip Commercial Corridor Developments Encourage and support the gradual evolution of existing, auto-oriented strip commercial areas to a more compact, pedestrian and transit-oriented pattern of development over time through infill and redevelopment. Establish enhanced walking connections between destinations. Principle LIV 35: Community Commercial Districts will be communitywide destinations and hubs for a high-frequency transit system. They will be quality mixed-use urban activity centers that offer retail, offices, services, small civic uses, and higher density housing, in an environment that promotes walking, bicycling, transit and ridesharing. Policy LIV 35.4: Transform through Infill and Redevelopment Support the transformation of existing, underutilized Community Commercial Districts through infill and redevelopment over time to more intense centers of activity that include a mixture of land uses and activities, an enhanced appearance, and access to all transportation modes. Principle LIV 43: Enhanced Travel Corridors will be strategic and specialized Transportation Corridors that contain amenities and designs that specifically promote walking, the use of mass transit, and bicycling. Enhanced Travel Corridors will provide high-frequency/high efficiency travel opportunities for all modes linking major activity centers and districts in the city. Policy LIV 43.3: Support Transit-Supportive Development Patterns Support the incorporation of higher intensity, transit-supportive development along Enhanced Travel Corridors through infill and redevelopment. Encourage the densities and broader mix of uses necessary to support walking, bicycling, and transit use while accommodating efficient automobile use. 7. Midtown Project Financing Specific Midtown Project undertakings and activities may be financed in whole or in part by the Authority, under the tax increment financing (TIF) provisions of CRS § 31-25- 107(9)(a) of the Urban Renewal Law, or by any other available source of financing authorized to be undertaken by the Authority pursuant to CRS § 31-25-105 of the Urban Renewal Law. The Authority is authorized as part of the Midtown Project to:  Finance renewal undertakings and activities within the Plan Area with revenues from property tax increments, sales tax increments, interest income, federal 18 loans or grants, agreements with public, quasi-public or private parties and entities, loans or advances from any other available source, and any other available sources of revenue.  Issue bonds and incur other obligations contemplated by the Urban Renewal Law in an amount sufficient to finance all or any part of a renewal undertaking or activity within the Plan Area.  Borrow funds and create indebtedness in any authorized form in carrying out this Plan. Any principal and interest on such indebtedness may be paid from property tax increments, sales tax increments or any other funds, revenues, assets or properties legally available to the Authority. Such methods may be combined to finance all or part of the Midtown Plan undertakings and activities. Tax Increment Financing (TIF) District Boundaries If permissible by the Urban Renewal Law, the Authority is authorized to create TIF districts within the Plan Area that can include, but are not limited to a single parcel or multiple parcels for a qualified Midtown Project undertaking or activity. Accordingly, the Plan may be amended when the TIF district is decided upon by the Authority, and incremental property tax and/or sales tax revenues attributable to the redevelopment in the Plan Area to pay the indebtedness incurred by the Authority. The Prospect South Tax Increment District was established when this Plan was adopted. The Foothills Mall Tax Increment District was established when the Plan was amended on May 7, 2013. Additional TIF districts may be established in the future by amendment of this Plan. Prospect South Tax Increment District The primary method of financing the Midtown Project undertaken in furtherance of this Plan in the Prospect South Tax Increment District shall be the use of property tax increment financing pursuant to Section 31-25-107(9), C.R.S. All property taxes collected within the Prospect South Tax Increment District shall be divided as follows: a) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation for assessment of taxable property in the Prospect South Tax Increment District last certified prior to the effective date of approval of this Plan or, as to an area later added to the Prospect South Tax Increment District, the effective date of the modification of this Plan for such purpose, shall be paid into the funds of each such public body as are all other taxes collected by or for such public body. b) The portion of such property taxes in excess of the amounts described in paragraph a), above, shall be allocated to and, when collected, paid into a special fund to fund the Authority’s obligations with respect to any renewal undertaking or activity for the Prospect South Tax Increment District, including payment of the principal of, the interest on, and any premiums due in connection with the bonds, loans or advances to, 19 or indebtedness incurred by (whether funded, refunded, assumed, or otherwise) the Authority for financing or refinancing, in whole or in part, the renewal undertakings and activities for the Prospect South Tax Increment District, or to make payments under an agreement executed pursuant to Section 31-25-107(11). c) When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, but in no event later than 25 years following the adoption of this tax allocation provision, any excess property tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between the Authority and the City or other taxing jurisdiction, shall be paid into the funds of said jurisdiction or public body. Unless and until the total property tax collections in the Prospect South Tax Increment District exceed the base year property tax collections in the Prospect South Tax Increment District, as provided in paragraph a), above, all such property tax collections shall be paid into the funds of the appropriate public body. The Authority reserves the right to enter into Cooperation Agreements with select taxing jurisdictions relative to allocation of incremental tax revenues. d) In the event that there is a general reassessment of taxable property valuations in Larimer County, which are subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with the Urban Renewal Law. Foothills Mall Tax Increment District The primary method of financing the Midtown Project undertaken in furtherance of this Urban Renewal Plan in the Foothills Mall Tax Increment District shall be the use of property tax and sales tax increment financing pursuant to Section 31-25-107(9), C.R.S. For purposes of the tax allocation provision of this Plan related to the Foothills Mall Tax Increment District, the term sales tax shall mean the sales tax imposed by the City at a rate of 2.25% (or such lesser rate as agreed to by the City and the Authority (subject to any contractual obligations of the Authority)) on sales of goods and services that are subject to municipal sales taxes pursuant to the Fort Collins Municipal Code (as it may exist from time to time). All property taxes and sales taxes collected within the Foothills Mall Tax Increment District shall be divided as follows: a) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each public body upon the valuation for assessment of taxable property in the Foothills Mall Tax Increment District last certified prior to the effective date of approval of this tax allocation provision or, as to an area later added to the Foothills Mall Tax Increment District, the effective date of the modification of this Urban Renewal Plan for such purpose, and that portion of City sales taxes equal to the amount collected 20 within the boundaries of the Foothills Mall Tax Increment District in the twelve‐month period ending on the last day of the month prior to the effective date of the approval of this tax allocation provision, shall be paid into the funds of each such public body as are all other taxes collected by or for such public body. b) The portion of such property taxes and sales taxes in excess of the amounts described in paragraph a), above, shall be allocated to and, when collected, paid into a special fund to fund the Authority’s obligations with respect to any renewal undertakings and activities for the Foothills Mall Tax Increment District, including payment of the principal of, the interest on, and any premiums due in connection with the bonds, loans or advances to, or indebtedness incurred by (whether funded, refunded, assumed, or otherwise) the Authority for financing or refinancing, in whole or in part, the renewal undertakings and activities for the Foothills Mall Tax Increment District, or to make payments under an agreement executed pursuant to Section 31-25- 107(11). c) When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, but in no event later than 25 years following the adoption of this tax allocation provision, any excess property and sales tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between the Authority and the City or other taxing jurisdiction, shall be paid into the funds of said jurisdiction or public body. Unless and until the total property and sales tax collections in the Foothills Mall Tax Increment District exceed the base year property and sales tax collections in the Foothills Mall Tax Increment District, as provided in paragraph a), above, all such property and sales tax collections shall be paid into the funds of the appropriate public body. The Authority reserves the right to enter into Cooperation Agreements with select taxing jurisdictions relative to allocation of incremental tax revenues. d) In the event that there is a general reassessment of taxable property valuations in Larimer County, which are subject to division of valuation for assessment between base and increment, as provided above, the portions of valuations for assessment to be allocated as provided above shall be proportionately adjusted in accordance with the Urban Renewal Law. Tax Increment Reimbursement Tax increment revenues may be used to reimburse the City and/or a developer for costs incurred for improvements related to a renewal undertaking or activity to pay the debt incurred by the Authority with such entities for renewal undertakings and activities. Tax incremental revenues may also be used to pay bonded indebtedness, financial obligations and debts of the Authority related to any renewal undertakings and activities under this Plan. 21 8. Modifications to the Plan This Plan may be modified pursuant to requirements and procedures set forth in CRS §31-25-107 of the Urban Renewal Law governing such modifications or amendments to the extent such modifications or amendments do not conflict with the agreements. Nothing herein shall be construed to require the Authority to first obtain the permission of any party to an Agreement prior to amending or modifying this Plan. 9. Reasonable Variations The Authority shall have the ability to approve reasonable variations (as determined by the Board) from the strict application of these Plan provisions, so long as such variations reasonably accommodate the intent and purpose of this Plan and the Urban Renewal Law. Plan provisions may be altered by market conditions, redevelopment opportunities and/or the needs of the community affected by the Plan. 10. Effective Date of the Plan and TIF Provisions This Plan and the Prospect South TIF District provision took effect on September 6, 2011. The Foothills Mall TIF District provision took effect on May 7, 2013. Except as otherwise permitted under the Urban Renewal Law, the term of the TIF period is twenty-five (25) years from the effective date the adoption of the relevant TIF provision, unless the Authority deems, to the extent consistent with the terms in the Agreements, that all undertakings and activities to accomplish the Midtown Project have been completed and all debts incurred to finance such undertakings and activities and all expenses of the Authority have been repaid. In that event, the Authority may declare the Plan fully implemented. 22 Appendix A – Legal Description DESCRIPTION OF THE MIDTOWN URBAN RENEWAL PLAN AREA THREE TRACTS OF LAND LOCATED IN SECTIONS 23, 24, 25, AND 26 OF TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1 (PROSPECT SOUTH TIF DISTRICT): BEGINNING AT THE CENTER OF SOUTH COLLEGE AVENUE WITH ITS INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTHERLY RIGHT OF WAY OF PROSPECT ROAD, THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTHERLY RIGHT OF WAY TO THE WEST LINE OF THE PLAT OF “GRIFFIN PLAZA SUBDIVISION”; THENCE SOUTHERLY, WESTERLY AND SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTHERLY LINE OF THE SAID PLAT OF “GRIFFIN PLAZA SUBDIVISION”; THENCE EASTERLY AND SOUTHERLY ALONG THE SAID SOUTHERLY LINE TO THE WESTERLY RIGHT OF WAY OF THE BNSF RAILWAY; THENCE EASTERLY AND RADIALLY TO THE SAID RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF THE BNSF RAILWAY; THENCE SOUTHERLY ALONG THE SAID EASTERLY RIGHT OF WAY TO THE NORTHERLY LINE OF THE PLAT OF “ WHOLE FOODS CENTER”; THENCE EASTERLY ALONG THE SAID NORTHERLY LINE TO THE WESTERLY LINE OF TRACT “E” OF THE PLAT OF “UNIVERSITY SHOPPING CENTER”; THENCE SOUTHERLY ALONG THE SAID WESTERLY LINE TO THE SOUTHERLY LINE OF THE SAID TRACT “E”; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE TO A POINT ON THE WESTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE, SAID POINT HEREINAFTER TO BE REFERRED TO AS POINT “A”; THENCE EASTERLY TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE WITH THE NORTHERLY RIGHT OF WAY OF RUTGERS AVENUE; THENCE EASTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY TO THE EASTERLY LINE OF THE “RUTGERS BUILDING CONDOMINIUMS”; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE TO THE SOUTHERLY LINE OF THE PLAT OF “RAISING CANE’S”; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE TO THE EASTERLY LINE OF THE SAID PLAT OF “RAISING CANE’S”; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE TO THE SOUTHERLY LINE OF THE PLAT OF “A REPLAT OF A PART OF TRACT 1, REPLAT OF BLOCK 2 AND LOTS 1 TO 7 INCLUSIVE OF BLOCK 1 OF THE ST. VRAIN SUBDIVISION”; THENCE EASTERLY ALONG THE SAID SOUTHERLY LINE TO THE WESTERLY RIGHT OF WAY OF REMINGTON STREET; THENCE NORTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO THE SOUTHERLY RIGHT OF WAY OF SPRING PARK DRIVE; THENCE WESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY TO THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF THE PLAT OF “HUMAN BEAN AT SPRING CREEK”; THENCE NORTHERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID EASTERLY LINE AND ALONG THE EASTERLY LINES OF LOTS 1 THROUGH 7 OF THE PLAT OF “MORAN’S SUBDIVISION” TO THE SOUTHERLY RIGHT OF WAY OF EAST STUART STREET; THENCE NORTHERLY TO THE NORTHERLY RIGHT OF WAY OF EAST STUART STREET AND TO THE EASTERLY LINE OF THE WEST 180 FEET OF LOT 5 OF THE PLAT OF “MAYNARD SUBDIVISION”; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE SAID LOT 5; THENCE WESTERLY ALONG THE SAID NORTHERLY LINE TO THE EASTERLY LINE OF LOT 2 OF THE PLAT OF “A REPLAT OF MAYNARD SUBDIVISION BEING A RESUBDIVISION OF THE WEST 350 FEET OF LOTS 3 & 4 OF MAYNARD SUBDIVISION”; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE AND ALONG THE EASTERLY LINE OF LOT 1 OF THE SAID PLAT OF “A REPLAT OF MAYNARD SUBDIVISION BEING A RESUBDIVISION OF THE WEST 350 FEET OF LOTS 3 & 4 OF MAYNARD SUBDIVISION” TO THE NORTHERLY LINE OF THE SAID PLAT OF ”A REPLAT OF MAYNARD SUBDIVISION BEING A RESUBDIVISION OF THE WEST 350 FEET 23 OF LOTS 3 & 4 OF MAYNARD SUBDIVISION”; THENCE EASTERLY ALONG THE SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WEST 240 FEET OF LOT 2 OF THE SAID PLAT OF “MAYNARD SUBDIVISION”; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE AND ITS NORTHERLY EXTENSION TO THE SOUTHERLY LINE OF THE NORTHERLY 232 FEET OF THE SAID PLAT OF “MAYNARD SUBDIVISION”; THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE TO THE EASTERLY LINE OF THE WESTERLY 213 FEET OF LOTS 14 AND 1 OF THE SAID PLAT OF “MAYNARD SUBDIVISION”; THENCE NORTHERLY ALONG THE SAID EASTERLY LINE AND ITS NORTHERLY EXTENSION TO THE NORTHERLY RIGHT OF WAY OF PARKER STREET; THENCE WESTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY TO THE EASTERLY RIGHT OF WAY OF THE NORTH-SOUTH ALLEY THROUGH BLOCK 1 OF THE PLAT OF “I.C. BRADLEY’S ADDITION TO THE CITY OF FORT COLLINS”; THENCE NORTHERLY ALONG THE SAID EASTERLY ALLEY RIGHT OF WAY TO THE SOUTHERLY RIGHT OF WAY OF EAST PROSPECT ROAD; THENCE WESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY TO THE POINT OF BEGINNING. TRACT 2 (COLLEGE AVENUE RIGHT OF WAY): BEGINNING AT THE AFOREMENTIONED POINT “A”, BEING THE INTERSECTION OF TRACT E, UNIVERSITY SHOPPING CENTER WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH COLLEGE AVENUE; THENCE EASTERLY ALONG THE SOUTHERLY BOUNDARY OF TRACT 1 DESCRIBED ABOVE TO THE INTERSECTION OF THE EASTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE FRONTAGE ROAD (KANE CONCOURSE AS SO DESIGNATED ON SOUTH COLLEGE HEIGHTS FIFTH SUBDIVISION) WITH THE NORTHERLY RIGHT OF WAY OF RUTGERS AVENUE; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY, TO THE SOUTH RIGHT OF WAY LINE OF PRINCETON ROAD; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE AND AGAIN ALONG THE EASTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE TO THE NORTH RIGHT OF WAY LINE OF EAST DRAKE ROAD; THENCE SOUTHERLY TO THE SOUTH RIGHT OF WAY LINE OF EAST DRAKE ROAD; THENCE ALONG THE EAST RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE TO THE NORTH LINE OF THE ACCESS ROAD DEDICATED ON THUNDERBIRD ESTATES SIXTH SUBDIVISION; THENCE EASTERLY ALONG THE NORTH LINE OF SAID ACCESS ROAD TO THE EAST LINE OF SAID ACCESS ROAD; THENCE SOUTHERLY ALONG THE EAST LINE OF THE ACCESS ROAD DEDICATED ON THUNDERBIRD ESTATES SIXTH, SEVENTH AND NINTH SUBDIVISIONS TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SWALLOW ROAD; THENCE WESTERLY AND SOUTHERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SWALLOW ROAD AND THE EAST RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE TO A POINT ON THE NORTHERLY BOUNDARY OF LOT 1 OF THE “REPLAT OF TRACTS F, G, AND J, AND VACATED SERVICE ROAD, SOUTHMOOR VILLAGE, FIFTH FILING”; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF SAID NORTH LINE TO THE WEST QUARTER CORNER OF SAID SECTION 25, SAID LINE ALSO BEING THE NORTHERLY BOUNDARY OF TRACT 3 DESCRIBED BELOW; THENCE 100.00 FEET WESTERLY, CONTINUING ALONG SAID NORTHERLY BOUNDARY OF TRACT 3, TO THE WESTERLY RIGHT OF WAY LINE OF THE FRONTAGE ROAD OF SOUTH COLLEGE AVENUE; THENCE NORTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS DEDICATED BY PLAT OR DEED AS FRONTAGE ROAD, OR AS DEDICATED AS STATE HIGHWAY RIGHT OF WAY WHERE NO ADDITIONAL FRONTAGE ROAD RIGHT OF WAY EXISTS, TO THE SOUTH RIGHT OF WAY LINE OF DRAKE ROAD; THENCE NORTHERLY TO THE NORTH RIGHT OF WAY LINE OF DRAKE ROAD; THENCE NORTHERLY ALONG THE WEST RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE TO THE POINT OF BEGINNING. TRACT 3 (FOOTHILLS TIF DISTRICT): BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 25; THENCE ALONG THE NORTHERLY BOUNDARY OF LOT 1 OF THE “REPLAT OF TRACTS F, G, AND J, AND VACATED SERVICE ROAD, SOUTHMOOR VILLAGE, FIFTH FILING” AND THE WESTERLY EXTENSION THEREOF, N89°52'45"E, A DISTANCE OF 314.48 FEET TO A POINT ON THE 24 WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1) ALONG THE WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET, S00°05'37"W, A DISTANCE OF 50.00 FEET; 2) ALONG THE SOUTHERLY RIGHT OF WAY LINE OF REMINGTON STREET, N89°52'45"E, A DISTANCE OF 60.00 FEET; 3) S51°41'04"E, A DISTANCE OF 145.40 FEET; 4) S89°35'23"E, A DISTANCE OF 138.50 FEET; 5) N00°05'37"E, A DISTANCE OF 141.63 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY AND ITS EASTERLY EXTENSION, N89°52'45"E, A DISTANCE OF 357.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TRACT K, SOUTHMOOR VILLAGE, FIFTH FILING; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF SAID TRACT K THE FOLLOWING FIVE (5) COURSES: 1) ALONG SAID EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, S00°14'56"E, A DISTANCE OF 215.33 FEET; 2) 23.98 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 91°36'53", AND A CHORD WHICH BEARS S46°03'22"E A DISTANCE OF 21.51 FEET; 3) 11.02 FEET ALONG THE ARC OF A REVERSE CURVE, HAVING A RADIUS OF 360.77 FEET, A CENTRAL ANGLE OF 01°45'00", AND A CHORD WHICH BEARS N89°00'07"E A DISTANCE OF 11.02 FEET; 4) N89°52'37"E, A DISTANCE OF 173.52 FEET; 5) N00°07'23"W, A DISTANCE OF 230.12 FEET TO THE NORTHWEST CORNER OF TRACT B OF THE FOOTHILLS FASHION MALL FOLEY’S EXPANSION; THENCE ALONG THE NORTHERLY BOUNDARY OF TRACTS B AND A OF SAID FOOTHILLS FASHION MALL FOLEY’S EXPANSION, N89°52'46"E, A DISTANCE OF 996.10 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STANFORD ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SEVEN (7) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF TRACT B OF SAID FOOTHILLS FASHION MALL FOLEY’S EXPANSION, 387.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,319.30 FEET, A CENTRAL ANGLE OF 16°48'53", AND A CHORD WHICH BEARS S08°17'12"W A DISTANCE OF 385.79 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, S16°41'39"W, A DISTANCE OF 93.03 FEET; 3) ALONG THE EASTERLY BOUNDARY OF THE FOOTHILLS FASHION MALL EXPANSION, S16°41'36"W, A DISTANCE OF 482.09 FEET; 4) CONTINUING ALONG SAID EASTERLY BOUNDARY, 327.62 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1,114.57 FEET, A CENTRAL ANGLE OF 16°50'30", AND A CHORD WHICH BEARS S08°16'21"W A DISTANCE OF 326.44 FEET; 5) CONTINUING ALONG SAID EASTERLY BOUNDARY, S00°08'53"E, A DISTANCE OF 170.00 FEET; 6) CONTINUING ALONG SAID EASTERLY BOUNDARY, S05°51'32"E, A DISTANCE OF 110.54 FEET; 7) CONTINUING ALONG SAID EASTERLY BOUNDARY AND ITS SOUTHERLY EXTENSION, S00°08'53"E, A DISTANCE OF 451.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED OCTOBER 30, 2012 AT RECEPTION NO. 20120076539 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE SOUTHERLY BOUNDARY OF THE TRACTS DESCRIBED IN THE DEEDS RECORDED AT RECEPTION NO. 20120076539, RECEPTION NO. 20050022855, AND RECEPTION NO. 2001099396, THE FOLLOWING SEVEN (7) COURSES: 1) 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'53"W A DISTANCE OF 21.21 FEET; 2) S89°51'07"W, A DISTANCE OF 214.00 FEET; 3) 312.91 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 398.41 FEET, A CENTRAL ANGLE OF 44°59'59", AND A CHORD WHICH BEARS N67°38'53"W A DISTANCE OF 304.93 FEET; 4) N45°08'54"W, A DISTANCE OF 129.24 FEET; 5) 275.94 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 351.34 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS N67°38'54"W A DISTANCE OF 268.90 FEET; 6) S89°51'06"W, A DISTANCE OF 199.36 FEET; 7) 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°51'06"W A DISTANCE OF 21.21 FEET TO A 25 POINT ON THE EASTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE S89°51'06"W, A DISTANCE OF 66.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'54"W A DISTANCE OF 21.21 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF EAST MONROE DRIVE;THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1) S89°51'06"W, A DISTANCE OF 12.16 FEET; 2) 146.82 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 221.32 FEET, A CENTRAL ANGLE OF 38°00'29", AND A CHORD WHICH BEARS S70°50'52"W A DISTANCE OF 144.14 FEET; 3) S51°50'37"W, A DISTANCE OF 327.70 FEET; 4) 179.17 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 273.41 FEET, A CENTRAL ANGLE OF 37°32'46", AND A CHORD WHICH BEARS S70°37'00"W A DISTANCE OF 175.98 FEET; 5) S89°23'22"W, A DISTANCE OF 138.44 FEET; THENCE 23.56 FEET ALONG THE ARC OF CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°23'23"W A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1) ALONG THE WESTERLY BOUNDARY OF STRACHAN SUBDIVISION, SECOND FILING, S00°19'07"E, A DISTANCE OF 576.93 FEET; 2) CONTINUING ALONG SAID WESTERLY BOUNDARY, S45°28'37"E, A DISTANCE OF 44.78 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE PLAT OF SAID STRACHAN SUBDIVISION, SECOND FILING; THENCE S03°26'10"W, A DISTANCE OF 105.31 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE FIRST REPLAT OF 1ST CHOICE BANK OF FORT COLLINS; THENCE N88°14'59"W, A DISTANCE OF 154.42 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AND THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE REPLAT OF LOTS 1, 2, 3 & 4 – CREGER PLAZA SUBDIVISION; THENCE N00°32'51"W, A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE PLAT OF MATTERHORN P.U.D.; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING TEN (10) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF LOT 1, MATTERHORN P.U.D., N44°33'53"E, A DISTANCE OF 9.22 FEET; 2) ALONG THE EASTERLY BOUNDARY OF LOTS 1 AND 2, MATTERHORN P.U.D., N00°19'07"W, A DISTANCE OF 503.93 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF LOT 2, MATTERHORN P.U.D., S53°56'23"W, A DISTANCE OF 44.81 FEET; 4) ALONG THE EASTERLY BOUNDARY OF LOTS 2, 3, 4, 5 AND 11 OF SOUTH MESA SUBDIVISION AND THE SOUTHERLY EXTENSION THEREOF, N00°19'07"W, A DISTANCE OF 561.00 FEET; 5) N89°51'53"E, A DISTANCE OF 10.71 FEET; 6) N09°43'23"E, A DISTANCE OF 22.91 FEET; 7) 29.36 FEET ALONG THE ARC OF A NON- TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 167.50 FEET, A CENTRAL ANGLE OF 10°02'32", AND A CHORD WHICH BEARS N04°42'09"E A DISTANCE OF 29.32 FEET; 8) N00°19'07"W, A DISTANCE OF 198.22 FEET; 9) S89°58'15"W, A DISTANCE OF 7.27 FEET TO THE SOUTHEAST CORNER OF LOT B, VILLA P.U.D.; 10) ALONG THE EASTERLY BOUNDARY OF SAID LOT B, N00°19'07"W, A DISTANCE OF 226.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT A, RICHIE’S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY OF TRACT A, AND ALONG THE SOUTHERLY BOUNDARY OF TRACT A, MOURNING SUBDIVISION, N89°59'07"W, A DISTANCE OF 665.15 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MCCLELLAND DRIVE AS SHOWN ON THE PLAT OF SAID MOURNING SUBDIVISION; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, N00°39'53"E, A DISTANCE OF 20.17 FEET; THENCE 23.39 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89°21'00", AND A CHORD WHICH BEARS N45°20'23"E A DISTANCE OF 21.09 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST FOOTHILLS PARKWAY AS SHOWN ON SAID MOURNING 26 SUBDIVISION PLAT; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S89°59'07"E, A DISTANCE OF 213.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 69.10 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 160.00 FEET, A CENTRAL ANGLE OF 24°44'46", AND A CHORD WHICH BEARS N77°38'30"E A DISTANCE OF 68.57 FEET TO THE WESTERLY BOUNDARY OF LOT 1, RICHIE’S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID WESTERLY BOUNDARY, S00°04'53"W, A DISTANCE OF 14.69 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, S89°59'07"E, A DISTANCE OF 407.26 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING FOUR (4) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, N00°19'07"W, A DISTANCE OF 78.17 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, N00°04'53"E, A DISTANCE OF 86.83 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, N89°59'07"W, A DISTANCE OF 37.50 FEET TO THE SOUTHEAST CORNER OF LOT 3, MOURNING SUBDIVISION; 4) N00°04'53"E, A DISTANCE OF 870.84 FEET (BEING THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE MOURNING SUBDIVISION, THE POUDRE VALLEY MOTORS SUBDIVISION, AND THE REPLAT OF THE SWALLOW SUBDIVISION); THENCE S89°57'07"E, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. ALL PLATS REFERRED TO IN THE ABOVE TRACT DESCRIPTIONS ARE PLATS OF RECORD WITH THE CLERK AND RECORDER OF LARIMER COUNTY I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. THE ABOVE DESCRIBED TRACT IS BASED UPON PREVIOUSLY RECORDED PLATS AND DEEDS AND NOT UPON AN ACTUAL FIELD SURVEY. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 27 Appendix B – Legal Description DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – PROSPECT SOUTH A tract of land located in Sections 23 and 24 of Township 7 North, Range 69 West West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, contained within the following described area; Beginning at the center of South College Avenue with its intersection with the easterly extension of the southerly right of way of Prospect Road, the TRUE POINT OF BEGINNING of this description; THENCE westerly along the said extended line and along the said southerly right of way to the west line of the plat of “Griffin Plaza Subdivision”; THENCE southerly, westerly and southerly along the said west line to the southerly line of the said plat of “Griffin Plaza Subdivision”; THENCE easterly and southerly along the said southerly line to the westerly right of way of the BNSF Railway; THENCE easterly and radially to the said right of way to the easterly right of way of the BNSF Railway; THENCE southerly along the said easterly right of way to the northerly line of the plat of “ Whole Foods Center”; THENCE easterly along the said northerly line to the westerly line of Tract “E” of the plat of “University Shopping Center”; THENCE southerly along the said westerly line to the southerly line of the said Tract “E”; THENCE easterly along the said southerly line to the westerly right of way of South College Avenue; THENCE easterly to the intersection of the easterly right of way of South College Avenue with the northerly right of way of Rutgers Avenue; THENCE easterly along the said northerly right of way to the easterly line of the “Rutgers Building Condominiums”; THENCE northerly along the said easterly line to the southerly line of the plat of “Raising Cane’s”; THENCE easterly along the said southerly line to the easterly line of the said plat of “Raising Cane’s”; THENCE northerly along the said easterly line to the southerly line of the plat of “A Replat of A Part of Tract 1, Replat of Block 2 and Lots 1 to 7 Inclusive of Block 1 of the St. Vrain Subdivision”; THENCE easterly along the said southerly line to the westerly right of way of Remington Street; THENCE northerly along the said westerly right of way to the southerly right of way of Spring Park Drive; THENCE westerly along the said southerly right of way to the southerly extension of the easterly line of the plat of “Human Bean At Spring Creek”; THENCE northerly along the said extended line and along the said easterly line and along the easterly lines of Lots 1 through 7 of the plat of “Moran’s Subdivision” to the southerly right of way of East Stuart Street; THENCE northerly to the northerly right of way of East Stuart Street and to the easterly line of the West 180 feet of Lot 5 of the plat of “Maynard Subdivision”; THENCE northerly along the said easterly line to the northerly line of the said Lot 5; THENCE westerly along the said northerly line to the easterly line of Lot 2 of the plat of “A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard Subdivision”; THENCE northerly along the said easterly line and along the easterly line of Lot 1 of the said plat of “A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of Lots 3 & 4 of Maynard Subdivision” to the northerly line of the said plat of ”A Replat of Maynard Subdivision Being a Resubdivision of the West 350 Feet of 28 Lots 3 & 4 of Maynard Subdivision”; THENCE easterly along the said northerly line to the easterly line of the west 240 feet of Lot 2 of the said plat of “Maynard Subdivision”; THENCE northerly along the said easterly line and its northerly extension to the southerly line of the northerly 232 feet of the said plat of “Maynard Subdivision”; THENCE westerly along the said southerly line to the easterly line of the westerly 213 feet of Lots 14 and 1 of the said plat of “Maynard Subdivision”; THENCE northerly along the said easterly line and its northerly extension to the northerly right of way of Parker Street; THENCE westerly along the said northerly right of way to the easterly right of way of the north-south alley through Block 1 of the plat of “I.C. Bradley’s Addition To The City Of Fort Collins”; THENCE northerly along the said easterly alley right of way to the southerly right of way of East Prospect Road; THENCE westerly along the said southerly right of way to the POINT OF BEGINNING. All Plats referred to in the above described description are Plats of record with the Clerk and Recorder of Larimer County. I hear by state that the above description was prepared by me and is true and correct to the best of my professional knowledge belief and opinion. The above described tract is based upon previously recorded plats and deeds and not upon an actual field survey. Wallace C. Muscott Colorado P.L.S. 17497 PO Box 580 Fort Collins, CO 80525 April 20, 2011 29 Appendix C – Legal Description DESCRIPTION OF THE TAX INCREMENT FINANCING DISTRICT – Foothills Mall A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25 AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 25, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25 AS HAVING AN ASSUMED BEARING OF S00°04’53”W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3" ALUMINUM CAP STAMPED LS 20123, AND ON ITS SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 14823, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTHERLY BOUNDARY OF LOT 1 OF THE “REPLAT OF TRACTS F, G, AND J, AND VACATED SERVICE ROAD, SOUTHMOOR VILLAGE, FIFTH FILING” AND THE WESTERLY EXTENSION THEREOF, N89°52'45"E, A DISTANCE OF 314.48 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1) ALONG THE WESTERLY RIGHT OF WAY LINE OF REMINGTON STREET, S00°05'37"W, A DISTANCE OF 50.00 FEET; 2) ALONG THE SOUTHERLY RIGHT OF WAY LINE OF REMINGTON STREET, N89°52'45"E, A DISTANCE OF 60.00 FEET; 3) S51°41'04"E, A DISTANCE OF 145.40 FEET; 4) S89°35'23"E, A DISTANCE OF 138.50 FEET; 5) N00°05'37"E, A DISTANCE OF 141.63 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY AND ITS EASTERLY EXTENSION, N89°52'45"E, A DISTANCE OF 357.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF TRACT K, SOUTHMOOR VILLAGE, FIFTH FILING; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF SAID TRACT K THE FOLLOWING FIVE (5) COURSES: 1) ALONG SAID EASTERLY RIGHT OF WAY LINE OF MATHEWS STREET, S00°14'56"E, A DISTANCE OF 215.33 FEET; 30 2) 23.98 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 91°36'53", AND A CHORD WHICH BEARS S46°03'22"E A DISTANCE OF 21.51 FEET; 3) 11.02 FEET ALONG THE ARC OF A REVERSE CURVE, HAVING A RADIUS OF 360.77 FEET, A CENTRAL ANGLE OF 01°45'00", AND A CHORD WHICH BEARS N89°00'07"E A DISTANCE OF 11.02 FEET; 4) N89°52'37"E, A DISTANCE OF 173.52 FEET; 5) N00°07'23"W, A DISTANCE OF 230.12 FEET TO THE NORTHWEST CORNER OF TRACT B OF THE FOOTHILLS FASHION MALL FOLEY’S EXPANSION; THENCE ALONG THE NORTHERLY BOUNDARY OF TRACTS B AND A OF SAID FOOTHILLS FASHION MALL FOLEY’S EXPANSION, N89°52'46"E, A DISTANCE OF 996.10 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STANFORD ROAD; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SEVEN (7) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF TRACT B OF SAID FOOTHILLS FASHION MALL FOLEY’S EXPANSION, 387.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,319.30 FEET, A CENTRAL ANGLE OF 16°48'53", AND A CHORD WHICH BEARS S08°17'12"W A DISTANCE OF 385.79 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, S16°41'39"W, A DISTANCE OF 93.03 FEET; 3) ALONG THE EASTERLY BOUNDARY OF THE FOOTHILLS FASHION MALL EXPANSION, S16°41'36"W, A DISTANCE OF 482.09 FEET; 4) CONTINUING ALONG SAID EASTERLY BOUNDARY, 327.62 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1,114.57 FEET, A CENTRAL ANGLE OF 16°50'30", AND A CHORD WHICH BEARS S08°16'21"W A DISTANCE OF 326.44 FEET; 5) CONTINUING ALONG SAID EASTERLY BOUNDARY, S00°08'53"E, A DISTANCE OF 170.00 FEET; 6) CONTINUING ALONG SAID EASTERLY BOUNDARY, S05°51'32"E, A DISTANCE OF 110.54 FEET; 7) CONTINUING ALONG SAID EASTERLY BOUNDARY AND ITS SOUTHERLY EXTENSION, S00°08'53"E, A DISTANCE OF 451.00 FEET TO A POINT ON THE 31 SOUTHERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED OCTOBER 30, 2012 AT RECEPTION NO. 20120076539 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE SOUTHERLY BOUNDARY OF THE TRACTS DESCRIBED IN THE DEEDS RECORDED AT RECEPTION NO. 20120076539, RECEPTION NO. 20050022855, AND RECEPTION NO. 2001099396, THE FOLLOWING SEVEN (7) COURSES: 1) 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'53"W A DISTANCE OF 21.21 FEET; 2) S89°51'07"W, A DISTANCE OF 214.00 FEET; 3) 312.91 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 398.41 FEET, A CENTRAL ANGLE OF 44°59'59", AND A CHORD WHICH BEARS N67°38'53"W A DISTANCE OF 304.93 FEET; 4) N45°08'54"W, A DISTANCE OF 129.24 FEET; 5) 275.94 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 351.34 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS N67°38'54"W A DISTANCE OF 268.90 FEET; 6) S89°51'06"W, A DISTANCE OF 199.36 FEET; 7) 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°51'06"W A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE S89°51'06"W, A DISTANCE OF 66.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF JOHN F. KENNEDY PARKWAY; THENCE 23.56 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS N45°08'54"W A DISTANCE OF 21.21 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF EAST MONROE DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1) S89°51'06"W, A DISTANCE OF 12.16 FEET; 2) 146.82 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 221.32 FEET, A CENTRAL ANGLE OF 38°00'29", AND A CHORD WHICH BEARS S70°50'52"W A DISTANCE OF 144.14 FEET; 32 3) S51°50'37"W, A DISTANCE OF 327.70 FEET; 4) 179.17 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 273.41 FEET, A CENTRAL ANGLE OF 37°32'46", AND A CHORD WHICH BEARS S70°37'00"W A DISTANCE OF 175.98 FEET; 5) S89°23'22"W, A DISTANCE OF 138.44 FEET; THENCE 23.56 FEET ALONG THE ARC OF CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00'00", AND A CHORD WHICH BEARS S44°23'23"W A DISTANCE OF 21.21 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1) ALONG THE WESTERLY BOUNDARY OF STRACHAN SUBDIVISION, SECOND FILING, S00°19'07"E, A DISTANCE OF 576.93 FEET; 2) CONTINUING ALONG SAID WESTERLY BOUNDARY, S45°28'37"E, A DISTANCE OF 44.78 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE PLAT OF SAID STRACHAN SUBDIVISION, SECOND FILING; THENCE S03°26'10"W, A DISTANCE OF 105.31 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AS SHOWN ON THE FIRST REPLAT OF 1 ST CHOICE BANK OF FORT COLLINS; THENCE N88°14'59"W, A DISTANCE OF 154.42 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF HORSETOOTH ROAD AND THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE REPLAT OF LOTS 1, 2, 3 & 4 – CREGER PLAZA SUBDIVISION; THENCE N00°32'51"W, A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE PLAT OF MATTERHORN P.U.D.; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING TEN (10) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF LOT 1, MATTERHORN P.U.D., N44°33'53"E, A DISTANCE OF 9.22 FEET; 2) ALONG THE EASTERLY BOUNDARY OF LOTS 1 AND 2, MATTERHORN P.U.D., N00°19'07"W, A DISTANCE OF 503.93 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF LOT 2, MATTERHORN P.U.D., S53°56'23"W, A DISTANCE OF 44.81 FEET; 4) ALONG THE EASTERLY BOUNDARY OF LOTS 2, 3, 4, 5 AND 11 OF SOUTH MESA SUBDIVISION AND THE SOUTHERLY EXTENSION THEREOF, N00°19'07"W, A DISTANCE OF 561.00 FEET; 5) N89°51'53"E, A DISTANCE OF 10.71 FEET; 6) N09°43'23"E, A DISTANCE OF 22.91 FEET; 33 7) 29.36 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 167.50 FEET, A CENTRAL ANGLE OF 10°02'32", AND A CHORD WHICH BEARS N04°42'09"E A DISTANCE OF 29.32 FEET; 8) N00°19'07"W, A DISTANCE OF 198.22 FEET; 9) S89°58'15"W, A DISTANCE OF 7.27 FEET TO THE SOUTHEAST CORNER OF LOT B, VILLA P.U.D.; 10) ALONG THE EASTERLY BOUNDARY OF SAID LOT B, N00°19'07"W, A DISTANCE OF 226.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT A, RICHIE’S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY OF TRACT A, AND ALONG THE SOUTHERLY BOUNDARY OF TRACT A, MOURNING SUBDIVISION, N89°59'07"W, A DISTANCE OF 665.15 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF MCCLELLAND DRIVE AS SHOWN ON THE PLAT OF SAID MOURNING SUBDIVISION; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, N00°39'53"E, A DISTANCE OF 20.17 FEET; THENCE 23.39 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89°21'00", AND A CHORD WHICH BEARS N45°20'23"E A DISTANCE OF 21.09 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST FOOTHILLS PARKWAY AS SHOWN ON SAID MOURNING SUBDIVISION PLAT; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S89°59'07"E, A DISTANCE OF 213.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 69.10 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 160.00 FEET, A CENTRAL ANGLE OF 24°44'46", AND A CHORD WHICH BEARS N77°38'30"E A DISTANCE OF 68.57 FEET TO THE WESTERLY BOUNDARY OF LOT 1, RICHIE’S EXPRESS CARWASH SUBDIVISION; THENCE ALONG SAID WESTERLY BOUNDARY, S00°04'53"W, A DISTANCE OF 14.69 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, S89°59'07"E, A DISTANCE OF 407.26 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE THE FOLLOWING FOUR (4) COURSES: 1) ALONG THE EASTERLY BOUNDARY OF SAID LOT 1, N00°19'07"W, A DISTANCE OF 78.17 FEET; 2) CONTINUING ALONG SAID EASTERLY BOUNDARY, N00°04'53"E, A DISTANCE OF 86.83 FEET; 3) ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, N89°59'07"W, A DISTANCE OF 37.50 FEET TO THE SOUTHEAST CORNER OF LOT 3, MOURNING SUBDIVISION; 4) N00°04'53"E, A DISTANCE OF 870.84 FEET (BEING THE WESTERLY RIGHT OF WAY LINE OF SOUTH COLLEGE AVENUE AS SHOWN ON THE MOURNING SUBDIVISION, THE POUDRE VALLEY MOTORS SUBDIVISION, AND THE REPLAT OF THE SWALLOW 34 SUBDIVISION); THENCE S89°57'07"E, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 89.729 ACRES MORE OR LESS AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. THE ABOVE DESCRIBED TRACT IS BASED UPON PREVIOUSLY RECORDED PLATS AND DEEDS AND NOT UPON AN ACTUAL FIELD SURVEY. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 RESEARCH MONROE CENTER SPRING PARK STUART Streets Foothills Mall I Legend ### # # # New Plan Area Excluded Area Fort Collins Urban Renewal Authority Proposed Plan Area Boundary ‐ Midtown Exhibit "C" Page 1 of 1 SPRING PARK STOVER STUART STOVER Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend Foothills Mall Boundary ! ! ! ! ! !!! Prospect South Boundary Fort Collins Urban Renewal Authority Existing Plan Area Boundary ‐ Midtown Exhibit "A" Page 1 of 1 Warranty Deed Recorded April 2, 2002 at Reception No. 2002038320 records of the Clerk and Recorder of the said Larimer County; THENCE easterly along the southerly line of the said tract described at Reception No. 2002038320 to the southwest corner of the plat of “Fort Collins Supportive Housing Subdivision”; THENCE easterly along the southerly line of the said plat to the southeast corner of the said “Fort Collins Supportive Housing Subdivision”; THENCE northerly along the easterly line of the said plat to the southerly right of way of East Harmony Road; THENCE easterly along the said southerly ... STOVER SWALLOW LAKE STUART CENTRE COLUMBIA OAKRIDGE WHEATON WABASH MEADOWLARK TROUTMAN COLONY HINSDALE STANFORD BOARDWALK BROOKWOOD MANHATTAN WHALERS CENTENNIAL PARKWOOD WELCH RICHMOND RESEARCH STARFLOWER MONROE CENTER MATHEWS TICONDEROGA WINDMILL SPRING PARK STOVER STOVER STUART PARKWOOD Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend #### ####New Plan Area Excluded Area Fort Collins Urban Renewal Authority Proposed Plan Area Boundry - Midtown EXHIBIT B Packet Pg. 28 Attachment2: Exhibit B (3540 : URA-Modify Midtown Plan Area RESO) STOVER STUART STOVER Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend Foothills Mall Boundary !!!! !!!!Prospect South Boundary Fort Collins Urban Renewal Authority Existing Plan Area Boundry - Midtown EXHIBIT A STOVER STUART STOVER Streets Midtown Urban Renewal Plan Area (the "Plan Area") Foothills Mall I Legend Foothills Mall Boundary !!!! !!!!Prospect South Boundary Fort Collins Urban Renewal Authority Existing Plan Area Boundary - Midtown ATTACHMENT 1