HomeMy WebLinkAboutRIGDEN FARM - Filed RD-ROW DEDICATION - 2002-11-08RCPTN # A502.7632 05. 7/95 09:39:00 # PAaES 4 FFE - $20.00
M RODFNRFRGF.R RFCORDFR, LARIMER COUNTY CO STATF 00C FFF - $•00
ADDENDUM TO RTGHT-OF-WAY DEED
THIS ADDENDUM is made this 23rd day of December 199 4
by and between THE CO.ORADO S'iA:E BOARD OF AGRICULTURE (hereinafter
referred to as "the Board") and THE CITY OF FORT COLLINS, COLORADO,
a municipal corporation (hereinafter referred to as "the City").
WHEREAS, the Board and the City entered into a Right -of -Way
Deed dated August 18, 1994, concerning the conveyance to the City
of approximately 9.02 acres of land comprising a portion of what is
commonly known as the "Rigden Farm" for the construction of a storm
drainage channel; and
WHEREAS, the parties wish to modify the Right -of -Way Deed to
eliminate the City's obligation to provide a water seepage pump and
irrigation system, and to eliminate the requirement that the City
reconstruct road crossing no. 3, which requirement is set forth in
the Operations Memorandum between the parties dated August 20,
1993, and signed on September 10, 1993, (the "Operations
Memorandum").
WHEREAS, the Board does not have any adjudicated seepage water
rights for water flowing onto the Rigden Farm Property, which
property is described on attached Exhibit "A" which is incorporated
herein by this reference (the "seepage water"), but may be able to
obtain adjudication of such seepage water; and
WHEREAS, the Board will no longer have a need for the seepage
water because a portion of the compensation to be paid to the Board
by the City hereunder is intended to be used by the Board to
acauire other water for use on the Rigden Farm Property.
NOW, THEREFORE, in consideration of their mutual promises
contained herein and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties
agree to amend the Right -of -Way Deed as follows:
1. That Section 13 of the Right -of -Way Deed is hereby
deleted.
2. That the requirement that the City re -construct road
crossing no. 3 set forth in the Operations Memorandum is eliminated
and the City shall have no obligation to re -construct road crossing
no. 3.
3. That the Board agrees not to make any claim to adjudicate
the seepage water.
4. That the Board agrees it will not assign, transfer or
otherwise convey the seepage water and the Board will not assign,
transfer or otherwise convey any claim or right to claim such
seepage wa;c.r.
7
/ C 'fzt / 6'l I c
J ) A/( 1l VI-1
b,
breach and the University shall have the right to require specific
performance from the City of the conditions. The conditions are as
follows:
1. The City shall, not later than May 30, 1995, commence
to develop and construct the property as a storm drainage
channel in a manner that, in addition to its primary purpose
as a storm drainage facility, will constitute open and natural
space and wildlife habitat, substantially as contemplated by
the Improvement Plans (the "Work"), and as generally described
in Exhibit "B" attached hereto and incorporated herein by this
reference. The City shall have the right to reasonably modify
the size and aesthetic character of the channel included in
the Improvement Plans from time -to -time as necessary to
achieve the purpose and function of providing a a drainage
channel in a manner reasonably consistent with a Natural Area
(within the City's normal definition for such areas). As to
the condition contained in this paragraph 1 only, in the event
the City fails to fulfill this condition by commencing
construction on or before May 30, 1995, in addition to all
other remedies provided for herein, all right title and
interest in and to the property shall revert to the Board and
the Board shall refund the consideration set forth above.
2. The Work by the City shall be executed so as to
assure access across the channel at multiple points as
designated by the Board and as shown on the Improvement Plans.
All improvements required to construct such crossings as shown
on the Improvement Plans shall be performed by the City at its
sole cost and expense.
PROVIDED, FURTHER:
3. For the purposes of the initial installation of the
channel, the City shall have a right to enter onto a necessary and
3
x
reasonable portion of land of the Board adjacent to the property
for use as a "temporary construction easement". This temporary
construction easement shall terminate 30 days after completion of
improvements contemplated by the Improvement Plans, but in no event
shall it exist beyond November 30, 1995.
4. Any work or activity undertaken by the City in connection
with this Deed shall be so planned, designed and carried out so as
to interfere as little as reasonably possible with the character
and appearance of the property and the surrounding environment,
including its aesthetic character.
5. Except in cases of emergency, the City shall obtain the
prior consent of the Board or its representative before undertaking
any work or activity which might damage the ground surface of any
property of the Board. Such consent shall not be unreasonably
withheld.
6. After completion of any work undertaken in connection with
the temporary construction easement, the City shall restore the
land and any improvements thereon to the condition immediately
prior to such work.
7. The City shall properly maintain all facilities and
equipment erected or installed in connection with this Deed, except
as provided in paragraph 13 below.
8. Routes of access to the property and work areas used for
construction, repair, maintenance or removal shall be as few as
necessary, and, after completion of any work, the City shall
destroy and remove them, restoring the land to the condition
immediately prior to such use, except those improvement areas
designated on the Improvement Plans to remain.
9. All documents, plats and descriptions as are attached
4
hereto as exhibits, are the result of surveys engaged by the City
at its sole expense for the purpose of surveying the boundaries for
this Deed, and the Board assumes no responsibility for the accuracy
of such survey obtained by the City nor for damages resulting from
inaccuracies.
10. All costs incurred in connection with any work,
construction, restoration, maintenance, facilities or equipment
contemplated in this Deed shall be borne entirely by the City,
except as provided in paragraph 13 below.
11. To the extent authorized by law and Article V, Section 16
of the Fort Collins City Charter, the City shall indemnify, save
and hold harmless the State, the Board, its employees and agents,
against any and all claims, damages, liability and court awards
including costs, expenses, and attorney fees incurred as a result
of any act or omission by the City, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this Deed.
12. The City shall not use the property for any purpose,
equipment or facilities not specified herein, without the prior
written approval of the Board.
13. The City shall install, at City's expense, the water
seepage pump and irrigation system set forth in the Improvement
Plans, and cooperate with the Board to provide the benefit of all
manufacturers' and construction warranties received by the City in
connection therewith. The Board shall maintain, operate and repair
the pump and irrigation system at the Board's expense. However, if
the pump or the irrigation system is damaged due to storm water
flows, the City shall repair such damage at City's expense. The
water seepage pump and irrigation system described in the
Improvement Plans shall remain the property of the City, but shall
not be removed without the consent of the University or its
successors.
5
14. This Agreement shall be binding on the parties' legal
successors.
15. For the purposes of this Deed, the parties designate the
following persons as their representatives and list the following
addresses for the delivery or mailing of notices and other
communications:
Representative for the City:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Representative for the Board: V i c e President f o r
Administrative Services
Colorado State University
Fort Collins, CO 80523
with copy to: General Counsel
Colorado State University
Fort Collins, CO 80523
Any notice required or desired to be given under this Agreement
shall be delivered or mailed by certified mail to the addresses
listed above.
16. The signatories hereto aver that they are familiar with
18-8-301, et sea., (Bribery and Corrupt Influences) and 18-8-401,
et sea., (Abuse of Public Office) C.R.S. 1973, as amended, and that
no violation of such provision is present.
17. The signatories hereto aver that to their knowledge, no
State employee has any personal or beneficial interest in the
property described herein.
0
IN WITNESS WHEREOF, the parties have executed this Deed on the day
and year first above written.
ATTEST:
By: ytir
r
City Clerk
APPROVED AS TO FORM:
City Attoffiey' 7
ATTEST:
By:
JohT,Y W. Bliss, Secretary
APPROVED:
Harry McCabe, Universit
Contracts Advisor
STATE OF COLORADO)
) ss
COUNTY OF LARIMER)
City: THE CITY OF FORT COLLINS,
COLORADO a Municipal
corpo ation
By:
C� -&t�
Title:
The BOARD: COLORADO STATE BOARD
OF AGRICULTURE
By: ;0
James/ . Isgar, Pry ident
J it Yost chmidt
D u General Counsel
The foregoing Deed was acknowledged before me this 9�ay of
August , 1994 by John
W. Bliss, as Secretary, of the State Board of Agriculture.
My commission expires
hand and official seal.
STATE OF COLORADO )
ki PAW nz..) s s
COUNTY OF hkft� )
MY
The foregoing Deed was acknowledged before me this Lday of August,
1994 by James R. Isgar, as President, of the State Board of Agriculture.
My commission expires Witness my hand and
official seal.
Notary Public
I
STATE OF COLORADO
My
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me this 18th
day of August, 1994 by Steven C. Burkett, as City Manager and Wanda
M. Krajicek, as City Clerk.
My Commission expires: January 31, 1998. Witness my hand and
official seal.
II J
Notary Public
S
LXHI0 T
Or
BRA�NAQIE AREA AND TEMPORARY
CONSTRUCT�ON EASEMENT
GAO M rr---a COUNTY, COLORADO
N
I
o�
0
w�
p I 15.66 N43'14'01 'E
z 15.49 p = 03*54*24"
\F R = 260.00
L = 17.73
0 m p = 38'12'24"
N
� R = 140.00 p o
L= 93.36
N
P.O.B.
TEMPORARY
EASEMENT Z
0 110.59 104.41 .771
O N
6"1
o '25"E 0
NS1187.43 m i
m —
N89'1119
N (n w m 289.4
p = 36'12'24_
N z SA--`i R = 157.00
L = 104.69
m P.O.B.
o l N DRAINAGE
0 0 �n2pp�� n�III�r' AREA
Ut J Vl �VIIVLSVONE
APraRTMEFATf S RUA
om100 0 100 200
TST, INC. scale 1'=100' feet
ConeNtinq Engln"en
FILE. MWEST 7�io�9f SHEET 1 OF 9
✓OB NO.. 10-041-201
DRAh\�AGE AREA AND TEMeORARY
C ONS1fRUC T oOf� EASEMENT
N THE W 1/2 OF SEC. 29, Tel M, R.66 WT
OF THE Oth P-M, WY OF FBI, COLUNS,
LAMMER COUHTY, COo L Oo G ADO
QOoS.W
UI
LEGAL DESCRIPTION - Drainage Area (CSU West)
A tract of land located in the West half of Section 29, Township 7 North, Range 68
West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado,
being described as follows:
Commencing at the West quarter corner of said Section 29 and considering the West
line of the Southwest quarter of said Section 29 to bear South 00° 11'02" West with
all bearings contained herein, relative thereto; thence along said West line South
00011'02" West, 100.00 feet; thence departing said West line, South 89011'19"
East, 215.00 feet to the POINT OF BEGINNING of this description; thence North
81 026'25" East, 84.42 feet; thence along a curve to the left having a delta of
38012'24", a radius of 157.00 feet, and an arc of 104.69 feet; thence North
43014'01" East, 15.66 feet; thence South 00011'02" West, 74.30 feet; thence
North 89°11'19" West, 185.00 feet to the POINT OF BEGINNING of this description,
containing 4190 square feet (0.10 acre), more or less.
LEGAL DESCRIPTION - Temporary Construction Easement
A tract of land located in the West half of Section 29, Township 7 North, Range 68
West of the 6th Principal Meridian, City of Fort Collins, Latimer County, Colorado,
being described as follows:
Commencing at the West quarter corner of said Section 29 and considering the West
tine of the Southwest quarter of said Section 29 to bear South 00011'02' West with
all bearings contained herein, relative thereto; thence along said West line South
00°11'02" West, 100.00 feet; thence departing said West line, South 89011'191,
East, 110.59 feet to the POINT OF BEGINNING of this description; thence North
81°26'25" East, 187.43 feet; thence along a curve to the left having a delta of
38012'24", a radius of 140.00 feet, and an are of 93.36 feet; thence North
43014'01" East, 15.49 feet; thence along a curve to the right having a delta of
03°54'24", a radius of 260.00 feet, and an arc of 17.73 feet; thence South
00011'02" West, 98.32 feet; thence North 89011'19" West, 289.41 feet to the
POINT OF BEGINNING of this description, excepting therefrom the following described
parcel:
TST, INC.
Can�Wllnq Fnglnean
�eMi�ae� 7�6�9¢
2 OF
ili11N��11
DRAhAAGE AREA AND TEMeORARY
CONSTRUCTTT ON EASEMENT
W THE W 1/2 OF SEC. 299 T.7 Nv Ra6 o WIT
OF THE Oth P.M, MY OF FT. COWNS,
LAMMER COUNTY, COLORADO
Commencing at said West quarter corner of said Section 29 and considering the West
line of the Southwest quarter of said Section 29 to bear South 00011'02" West with
all bearings contained herein, relative thereto; thence along said West line South
00011'02" West, 100.00 feet; thence departing said West line, South 89011"9"
East, 215.00 feet to the POINT OF BEGINNING of this description; thence North
81026'25" East, 84.42 feet; thence along a curve to the left having a delta of
38°12'24", a radius of 157.00 feet, and an arc of 104.69 feet; thence North
43014'01" East, 15.66 feet; thence South 00011'02" West, 74.30 feet; thence
North 89011'19" West, 185.00 feet to the POINT OF BEGINNING of this description.
The above described easement contains_a net area of 4410 square feet (0.10 acre),
more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this exhibit and legal description were
prepared by me or under my direct supervision and are true and correct to the best of
my knowledge. This exhibit does not constitute a land survey as defined by Colorado
statutes.
z q�
Dat MIC A C. CREY;EiR
,
Professional Land Surveyor
Colorado Registration No. 22564
TST, INC.
Consulting En,In..n
22564
�tvt'3 ea( '716194
SHEET J OF 9
EXHIBIT "A"
LSMMu
DDRG°a�HA EE AREA AND TEMPORARY
CONSTRUCT0N [EASEMENT
MTHE N1/2OFSCEC.29,T.77N,R.68W,
OF THE- Mh p"ail, WY OF FT. COIF NS,
LAR��Ji ER COUNTY, COLORADDOo
QC.S.W
C9OuJ mTy ROAD 9
N00.02'45"E
EAST LINE NE 1/4 SEC.29
(BASIS OF BEARINGS)
A = 48'34'57"
R - 560.00
L = 474.84 //
i/
A - 50'40'45" .
L- 543
- 480.29
1 e
I ,ly
.12
I� 11
I. I
II �I
I 1
I I
I� �I
1 I
DRAINAGE AREA �Y
1 86�I 1
17' TEMPORARY
17' TEMPORARY •-�I CONSTRUCTION EASEMENT
CONSTRUCTION EASEMENT �I��'i (TYPICAL)
(TYPICAL) I I
-� �� 'I• 120'
ml'n �1
lm Im
�I �Iln
mil �jn
I' mll
II .I
NII IIr
mll Y
vmil Ilm
II lip
�8'33"W67.14
L --- r✓ N
69.14
l�. 37.34 r", �Mab
S89'41'2YE-�1 69.14 �'��?�9
P.O.S. DRAINAGE AREA
102'45'W I
64.59 433.37
20p9 ----J54.37-- --
9
�p P.D.B. 3
TEMPORARY 0_ �
f R = 18.00 O'CONSTRU NT L la
R - 418.00 EASEMENT
L - 55.67 0 _
-N5250'02'E V Z
22.00 n
A - 18'02'13' •-
R - 440.00
L- 138.51 w QN
W
N I N
Z
W
Z
J
0
O
N
200 0 200 400
scale 1'=200' feet
58.55 �Im �.I N89'41'27'W
f 98.55
NOO7.14 E = 9'
^�
6
S8741. 3.9 7"E
Im R
VAR a 440.0040.00
; Il L - 40.55
'49'
li►� A - 0576'49"
A - 05'I6'49"
ml m �m. lm R - 457.00
L-51.610
gjlo Npl llQ L-42.12
A - 0516'4V
R - 543.00
L- 50.04
-- A=50'
i' I I R -A410.010.00
I L - 174.82
A - 24'25'50"
/ 3 A - 24'25'50'
R 307.00
R - 393.00
L = 130.90
i �N�.ry m L - 167.57
A - 24'25'50'
R - 290.00
^mid •"'2 .'R� /�
L - 123.65
I ^>
FIf E' CSUFAST
,, /�j
�EE �°If EET 2
TST, INC.
Bo 3uttiny E glnwm
SHEET 4 OF 9
n
5. The City shall pay to the board the amount of Twenty-one
Thousand Six Hundred Fifty-two and 50/100 Dollars ($21,652.50).
6. The Right -of -Way Deed, as modified by this Addendum,
shall remain in full force and effect.
7. The person signing this Addendum for the Board has the
authority to act for the Board and to amend the Right -of -Way Deed.
IN WITNESS WHEREOF, the parties have executed this Addendum to
Right -of -Way Deed on the day and year first above written.
ATTEST:
City Clerk'
APPROVED AS TO FORM:
Assistant City Attorney
APPROVED:
By: ( 4
G net 1 Counsel
APPROV D:
Title: Director, Facilities
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
1 � �
By e terim CiL�ty�nager
APPROVED:
By:
Tit e:V ce Pr ident for Administrative ervices
STATE BOARD OF AGRICULTURE
By:
ATT
By:
- 2 of 3 -
EXHIBIT "A"
DRAh,�AQE AREA AND TEW�ORARY
CONSTRMCTM EAS MEN7
IN THE N 1/2 OF SEC. 29, T077 N, R.66 W,
OF THE Gth palMly � CITY OF FT. CcOWNS,
LARIM ER COUNTY, COo LOo RADO
QC .S.U.�
A - 34'49'55"
R - 260.00
L - 158.06
A - 34'49'55"
R - 243.00_
L - 147.73
A - 03'50'47'
R - 140.00\
L - 9.40
/
? Z
/ R - /85.11 / ✓ L = 65.11 200 O 200 400
A - 34'49'55"
rn R - 157.00 scale 1'=200' feet
ate$ 11 L- 95.45
p - 03'50'47'
- 260.00
L - 17.45
1 •n5n n• In A - 03'S
- 03'50'4T r1 r.N R' 1r, 047"
Y R 243.00
R - 157.00 al•+' m 1� L - 16.31
L 10.54 l11 A - 31'33'00"
1 r
A - 40.0 00" l 1 -R - 260.00
L= 77.09 I ' L - 143.17
A - 31'33'00"
A - 31'33'00" 3 j R - 243.00
R - 157.00 o n L - 133.81
L - 86.45 A - 20'Ol'26"
`4
= 20'01'26" gjgP M R - 40.00
R - 160.00 - n ^ �' L - 13.fB
L - 55.92 z
A - 20'01'26
R 143.00
L - 49.98 of j
A - 09'41'17"
R - 140.00
L n 23.67 vn i'ry
A - 09'41'17" Z.. I
R - 157.00 0 l I
L - 26.55 y
A - 19'03'14" I
R - 360.00
L - 119.72 I
R - 343.00 1
L 101.78
CINI
Z 1
1
DRAINAGE AREA
17' TEMPORARY
CONSTRUCTION EASEMENT
(TYPICAL)
R - 260.00`
L-10.77 V �J w
R - 2 L - 28.76.76
A -
R - 440.00.00,
L - 50.72
A - 06*36*18"�
R - 457.00
L - 52.68
S89'Il'1A
51.73
TST, INC.
Comul6n9 E glnam
FILE' CSUEAST Reyyaej
CENTER 1/4 CORNER
SEC.29, T.7 N., R.68 W.
17'
TEMPORARY
IS
C71ON EASEMENT
(TYPICAL)
A
08'58'26"
R
260.00
L
40.72
0
07'44'28"
0
243.00
32.83
25'47'02"
lLi�1L
140.00
63.00
25'47'02"
157.00
70.65
A - 06108"
R - 560.00
L - 64.56
\ A - 06'36'18"
R - 543.00
L - 62.60
14.36
74
y
SHEET 5 OF 9
LEGAL DESCRIPTION - Drainage Area (CSU East)
A strip of land located in the North half of Section 29, Township 7 North, Range 68
West of the 6th Principal Meridian, City of Fort Collins, Latimer County, Colorado,
being described as follows:
Commencing at the East quarter corner of said Section 29, and considering the East
line of the Northeast quarter of said Section 29 to bear North 00°02'45" East, with
all bearings contained herein, relative thereto; thence along said East line North
00002'45" East, 433.37 feet to the POINT OF BEGINNING of this description; thence
departing said East line, North 29°32'07" West, 49.05 feet; thence along a curve to
the left having a delta of 25°30'03", a radius of 457.00 feet, and an arc of 203.40
feet; thence North 79006'59" West, 441.79 feet; thence North 89041'27" West,
651.48 feet; thence South 00018'33" West, 69.14 feet; thence North 89041'27"
West, 50.78 feet; thence North 44041'27" West, 97.79 feet; thence North
89041'27" West, 102.76 feet; thence along a curve to the left having a delta of
05016'49", a radius of 457.00 feet, and an arc of 42.12 feet; thence South
85001'44" West, 109.18 feet; thence along a curve to the right having a delta of
24025'50", a radius of 393.00 feet, and an arc of 167.57 feet; thence North
70032'26" West, 364.76 feet; thence along a curve to the left having a delta of
34049'55", a radius of 157.00 feet, and an arc of 95.45 feet; thence South
74037'39" West, 56.44 feet; thence along a curve to the right having a delta of
03050'47", a radius of 243.00 feet, and an arc of 16.31 feet; thence South
78028'26" West, 144.73 feet; thence along a curve to the right having a delta of
31 033'00", a radius of 243.00 feet, and an arc of 133.81 feet; thence along a curve
to the left having a delta of 20001'26", a radius of 57.00 feet, and an arc of 19.92
feet; thence North 90000'00" West, 34.23 feet; thence South 87008'58" West,
576.54 feet; thence along a non -tangent curve to the right having a delta of
07°44'28", a radius of 243.00 feet, an arc of 32.83 feet, and a chord which bears
South 76031'18" West, 32.81 feet; thence South 80023'32" West, 94.07 feet;
thence along a curve to the left having a delta of 25047'02", a radius of 157.00 feet,
and an arc of 70.65 feet; thence South 54036'30" West, 136.54 feet; thence along
a curve to the right having a delta of 06036'18% a radius of 543.00 feet, and an arc
of 62.60 feet; thence South 61 ° 12'48" West, 49.08 feet; thence South 00048'46"
West, 25.39 feet to the North line of the last parcel described in that deed recorded
in Reception No. 90057577; thence along said North line North 89011'21" West,
228.40 feet; thence departing said North line North 00048'39" East, 19.97 feet;
thence South 89011'14" East, 44.74 feet; thence North 61012'48" East, 211.46
feet; thence along a curve to the left having a delta of 06036'18", a radius of 457.00
feet, and an arc of 52.68 feet; thence North 54036'30" East, 136.54 feet; thence
along a curve to the right having a delta of 06°46'51 ", a radius of 243.00 feet, and
an arc length of 28.76 feet; thence North 61 ° 23'20" East, 203.74 feet; thence North
82041 " 1 " East, 209.12 feet; thence along a curve to the right having a delta of
17000'06", a radius of 343.00 feet, and an arc of 101.78 feet; thence South
80018'43" East, 239.80 feet; thence along a Curve to the left having a delta of
09041'17", a radius of 157.00 feet, and an arc of 26.55 feet; thence South
90000'00" East, 74.40 feet; thence along a curve to the right having a delta of
20001'26", a radius of 143.00 feet, and an arc of 55.92 feet; thence along a curve
to the left having a delta of 31 033'00", a radius of 157.00 feet, and an arc length of
86.45 feet; thence North 78028'26" East, 144.73 feet; thence along a curve to the
left having a delta of 03050'47", a radius of 157.00 feet, and an arc of 10.54 feet;
thence North 74°37'39" East, 56.44 feet; thence along a curve to the right having
a delta of 34049'55", a radius of 243.00 feet, and an arc of 147.73 feet; thence
South 70032'26" East, 364.76 feet; thence along a curve to the left having a delta
of 24025'50", a radius of 307.00 feet, and an arc of 130.90 feet; thence North
85001'44" East, 109.18 feet; thence along a curve to the right having a delta of
05°16'49", a radius of 543.00 feet, and an are of 50.04 feet; thence South
2
TST, INC.
C.n..Wng &gMn 45a' 54 ��6�
i?cVISe4 517"170
SHEET 6 OF 9
EXHIBIT "A"
89041'27" East, 88.96 feet; thence North 00°18'33" East, 69.14 feet; thence South
89041'27" East, 37.34 feet; thence South 44-41'27" East, 97.79 feet; thence South
89°41'27" East, 853.14 feet; thence along a curve to the right having a delta of
50040'45" feet, a radius of 543.00 feet, and an arc of 480.29 feet to the East line
of said Northeast quarter; thence along said East line South 00`02'45" West, 159.20
feet to the POINT OF BEGINNING of this description, containing 8.92 acres, more or
less.
LEGAL DESCRIPTION - Temporary Construction Easement (CSU East)
Two strips of land located in the North half of Section 29, Township 7 North,
Range 68 West of the 6th Principal Meridian, City of Fort Collins, Larimer County,
Colorado, being described as follows:
Commencing at the East quarter corner of said Section 29, and considering the East
line of the Northeast quarter of said Section 29 to bear North 00"02'45" East, with
all bearings contained herein, relative thereto; thence along said East line North
00°02'45" East, 354.37 feet to the POINT OF BEGINNING of this description; thence
departing said East line North 29032'07" West, 117.76 feet; thence along a curve to
the left having a delta of 07°37'50", a radius of 418.00 feet, and an arc of
55.67 feet; thence North 52050'02" East, 22.00 feet; thence along a non -tangent
curve to the left having a delta of 18°02'13", a radius of 440.00 feet, an arc of
138.51 feet, and a chord which bears North 46011'04" West, 137.94 feet; thence
North 79006'59" West, 421.39 feet; thence North 89041'27" West, 645.81 feet;
thence South 00018'33" West, 67.14 feet; thence North 89041'27" West, 71.99
feet; thence North 44041'27" West, 94.96 feet; thence North 89041'27" West,
98.55 feet; thence along a curve to the left having a delta of 05016'49', a radius of
440.00 feet, and an are of 40.55 feet; thence South 85001'44' West, 109.18 feet;
thence along a curve to the right having a delta of 24025'50", a radius of 410.00
feet, and an arc of 174.82 feet; thence North 70032'26" West, 364.76 feet; thence
along a curve to the left having a delta of 34049'55", a radius of 140.00 feet, and
an arc of 85.11 feet; thence South 74037'39" West, 56.44 foot; thence along a
curve to the right having a delta of 03050'47", a radius of 260.00 feet, and an arc
of 17.45 feet; thence South 78028'26" West, 144.73 feet; thence along a curve to
the right having a delta of 31 033'00", a radius of 260.00 feet, and an arc of 143.17
feet; thence along a curve to the left having a delta of 20001126" , a radius of 40.00
feet, and an arc of 13.98 feet; thence North 90000'00" West, 74.02 feet; thence
South 87008'58" West, 526.29 feet; thence along a non -tangent curve to the right
having a delta of 08058'26", a radius of 260.00 feet, an arc of 40.72 feet, and a
chord which boars South 75054'19" West, 40.68 feet; thence South 80023'32"
West, 94.07 feet; thence along a curve to the left having a delta of 25047'02", a
radius of 140.00 feet, and an arc of 63.00 feet; thence South 54"36'30" West,
136.54 feet; thence along a curve to the right having a delta of 06036'18", a radius
of 560.00 feet, and an arc of 64.56 feet; thence South 61 ° 12'48" West, 41.48 feet;
thence South 00048'46" West, 14.36 feet to the North line of the last parcel
described in that deed recorded at Reception No. 90057577; thence along said North
line North 89011'21" West, 268.24 feet; thence departing said North line North
61 ° 12'48" East, 11.31 feet; thence North 00048'39" East, 29.38 feet; thence South
89011'14" East, 51.73 feet; thence North 61012'48" East, 211.01 feet; thence
along a curve to the left having a delta of 06°36'18", a radius of 440.00 feet, and
an arc of 50.72 feet; thence North 54036'30" East, 136.54 feet; thence along a
curve to the right having a delta of 06046'51 ", a radius of 260.00 feet, and an arc
of 30.77 feet; thence North 61023'20" East, 206.94 feet; thence North 82041'11"
East, 212.31 feet; thence along a curve to the right having a delta of 19003'14" a
radius of 360.00 feet, and an arc of 119.72 feet; thence South 80018'43' East,
239.80 feet; thence along a curve to the left having a delta of 09041'17", a radius
of 140.00 feet, and an arc of 23.67 feet; thence South 90°00'00" East, 74.40 feet;
TST, INC.
ConaWling Englneen
Revfded 5/a7�'m
SHEET 7 OF 9
✓OB N0. 10-041-201
EXHIBIT "A"
thence along a curve to the right having a delta of 20001'26", a radius of 160.00
feet, and an arc of 55.92 feet; thence along a curve to the left having a delta of
31033'00", a radius of 140.00 feet, and an arc of 77.09 feet; thence North
78028'26" East, 144.73 feet; thence along a curve to the left having a delta of
03050'47", a radius of 140.00 feet, and an arc of 9.40 feet; thence North
74037'39" East, 56.44 feet; thence along a curve to the right having a delta of
34049'55", a radius of 260.00 feet, and an arc of 158.06 feet; thence South
70032'26" East, 364.76 feet; thence along a curve to the left having a delta of
24025'50", a radius of 290.00 feet, and an arc of 123.65 feet; thence North
85001'44" East, 109.18 feet; thence along a curve to the right having a delta of
05016'49", a radius of 560.00 feet, and an arc of 51.61 feet; thence South
89041'27" East, 73.96 feet; thence North 00018'33" East, 67.14 feet; thence South
89041'27" East, 58.55 feet; thence South 44'41'27' East, 94.96 feet; thence South
89041'27" East, 848.93 feet; thence along a curve to the right having a delta of
48034'57", a radius of 560.00 feet, and an arc of 474.84 feet to the East line of said
Northeast quarter; thence along said East line South 00002'45" West, 264.59 feet
to the POINT OF BEGINNING of this description, excepting therefrom the following
described strip of land located therein;
Commencing at the East quarter corner of said Section 29, and considering the East
line of the Northeast quarter of said Section 29 to bear North 00002'45' East, with
all bearings contained herein, relative thereto; thence along said East line North
00002'45" East, 433.37 feet to the POINT OF BEGINNING of this description; thence
departing said East line, North 29032'07' West, 49.05 feet; thence along a curve to
the left having a delta of 25030'03", a radius of 457.00 foot, and an arc of 203.40
feet; thence North 79006'59" West, 441.79 feet; thence North 89'41'27" West,
651.48 feet; thence South 00'18'33" West, 69.14 feet; thence North 89041,27'
West, 50.78 feet; thence North 44"41'27" West, 97.79 feet; thence North
89041'27" West, 102.76 feet; thence along a curve to the left having a delta of
05016'49", a radius of 457.00 feet, and an arc of 42.12 feet; thence South
85001'44" West, 109.18 foot; thence along a curve to the right having a delta of
24025'50", a radius of 393.00 feet, and an arc of 167.57 foot; thence North
70032'26" West, 364.76 feet; thence along a curve to the left having a delta of
34049'55", a radius of 157.00 feet, and an arc of 95.45 feet; thence South
74037'39" West, 56.44 feet; thence along a curve to the right having a delta of
03050'47", a radius of 243.00 feet, and an arc of 16.31 feet; thence South
78028'26" West, 144.73 feet; thence along a curve to the right having a delta of
31 033'00", a radius of 243.00 feet, and an arc of 133.81 feet; thence along a curve
to the left having a delta of 20001'26", a radius of 57.00 feet, and an arc of 19.92
foot; thence North 90000'00" West, 34.23 feet; thence South 87'08'58' West,
576.54 feet; thence along a non -tangent curve to the right having a delta of
07044'28", a radius of 243.00 feet, an arc of 32.83 feet, and a chord which bears
South 76031'18" West, 32.81 feet; thence South 80'23'32" West, 94.07 feet;
thence along a curve to the left having a delta of 25047'02", a radius of 157.00 feet,
and an arc of 70.65 feet; thence South 54036'30' West, 136.54 feet; thence along
a curve to the right having a delta of 06036'18', a radius of 543.00 feet, and an arc
of 62.60 feet; thence South 61 at 2'48' West, 49.08 feet; thence South 00048'46"
West, 25.39 foot to the North line of the last parcel described in that deed recorded
in Reception No. 90057577; thence along said North line North89°11'21' West,
228.40 foot; thence departing said North line North 00048'39"East, 19.97 feet;
thence South 89011'14" East, 44.74 feet; thence North 61012'48" East, 211.46
feet; thence along a curve to the left having a delta of 06036'18", a radius of 457.00
feet, and an arc of 52.68 feet; thence North 54"36'30" East, 136.54 feet; thence
along a curve to the right having a delta of 06046'51 ", a radius of 243.00 feet, and
an arc length of 28.76 feet; thence North 61 023'20" East, 203.74 feet; thence North
82041'11" East, 209.12 feet; thence along a curve to the right having a delta of
TST, INC.
Con.ulllnq Engln..n
Revise(
SHEET 8 OF 9
✓on My rn_n�r_en,
EXHIBIT "A"
17000'06", a radius of 343.00 feet, and an arc of 101.78 feet; thence South
80018'43" East, 239.80 feet; thence along a curve to the left having a delta of
09041'17", a radius of 157.00 feet, and an arc of 26.55 feet; thence South
90000'00" East, 74.40 feet; thence along a curve to the right having a delta of
20001'26", a radius of 143.00 foot, and an arc of 55.92 feet; thence along a curve
to the left having a delta of 31033'00", a radius of 157.00 feet, and an arc length of
86.45 feet; thence North 78028'26" East, 144.73 feet; thence along a curve to the
left having a delta of 03050'47", a radius of 157.00 feet, and an arc of 10.54 feet;
thence North 74037'39" East, 56.44 feet; thence along a curve to the right having
a delta of 34049'55", a radius of 243.00 feet, and an arc of 147.73 feet; thence
South 70°32'26" East, 364.76 feet; thence along a curve to the left having a delta
of 24025'50", a radius of 307.00 feet, and an are of 130.90 feet; thence North
85001'44" East, 109.18 feet; thence along a curve to the right having a delta of
05016'49", a radius of 543.00 feet, and an arc of 50.04 feet; thence South
89041'27" East, 88.96 feet; thence North 00018'33' East, 69.14 feet; thence South
89041'27" East, 37.34 foot; thence South 44041'27" East, 97.79 feet; thence South
89041'27" East, 853.14 feet; thence along a curve to the right having a delta of
50040'45" feet, a radius of 543.00 feet, and an arc of 480.29 feet to the East line
of said Northeast quarter; thence along said East line South 00°02'45" West, 159.20
feet to the POINT OF BEGINNING of this description.
The two above described strips of land, less the exception, contain 3.14 acres, more
or less.
I, MICHAEL C. CREGGER, do hereby certify that this exhibit and legal description were
prepared by me or under my direct supervision and are true and correct to the best of
my knowledge. This exhibit does not constitute a land survey as defined by Colorado
statutes.
/ Z7 �99
ate
TST, INC.
ComWWq En,ln..n
MICHAEL C. CREGGER
Professional Land Surveyor
Colorado Registration No. 22564
SHEET 9 OF 9
JOO NO. 10-041-207
EXHIBIT B
FOOTHILLS DRAINAGE BASIN REGIONAL CHANNEL
REVEGETATION CONCEPT
The overall objective of the Foothills Basin Regional Channel revegetation
plan is, to the extent practicable, create the character of a typical high
plains, prairie stream. This type of stream is predominantly vegetated by
dryland grass species and appropriate wetland species where water is
available. They are not naturally highly vegetated with trees nor shrubs.
Much of the natural character of the channel will be achieved by the grading
of the channel, creation of ponds and wetland "pods", and planting of
"clusters" of trees at various locations along the channel.
By implementing the following grading and landscaping components of the
project the City is striving to achieve a final product that is aesthetically
pleasing, will fall under the City's definition of a Natural Area, and will
promote and enhance the natural habitat of the area.
Channel Grading
The channel will be approximately 65-90 feet wide at the top and, on
average, five to six feet deep. The sideslopes will vary from 6:1 to
4:1. The bottom width of the channel will vary from 12 feet to 20 feet,
with a six feet wide trickle channel (to carrylowflows) meandering
within the channel bottom. The grading is designed to give the channel
a more natural and less engineered look.
Drop Structures
(on CSU's property)
At three locations on the eastern end of the channel, soil cement drop
structures will be constructed to dissipate the water's energy and
control erosion. The material is a mixture of cement and local soil
that is placed in lifts and compacted. Although man-made, the
"sandstone" look of the structures will blend into the landscape more
readily than a rock or concrete structure.
Wetland "Pods"
Ponds
At four locations along the channel, (three on CSU's property), wetland
"pods" will be created. The channel bottom will be widened and gravel
packs constructed to spread the low flows across the entire channel
bottom. This will promote creation of a wetland.
At four locations, (three on CSU's property), the channel bottom will be
widened and deepened approximately 18 inches to create open ponds.
There will be no attempt to maintain these as open ponds if wetland
vegetation begins to encroach. We are attempting to allow the channel
to find its own natural state within the confines of the right-of-way.
Revegetation
The primary objective is to create a self-sustaining wetland plant
community adjacent to and along the trickle channel and to meet the
mitigation requirements of the Corp of Engineers 404 permit.
EXHIBIT "B"
i�
The secondary objective is to establish a plant community over the
remainder of the channel that will stabilize the disturbed areas, will
adapt to local site conditions, and will be useful to local wildlife
species.
Wetlands- The area adjacent to the trickle channel will be planted with
a native grass mixture suitable for wetland locations. In addition,
wetland plants will be planted in the "pods" and on the pond borders.
It is anticipated that it will take several years for the plants and
grasses to propagate and reach maturity.
Uplands- Channel sideslopes will be planted with a native grass seed mix
that is tolerant of saline and dry environmental conditions. It is
anticipated that the channel will be designated as a Natural Area and
will require minimal maintenance. The channel will be mowed for weed
control in the first several years, but thereafter, minimal mowing will
occur.
Trees- In keeping with the prairie stream vision, only a small amount of
trees will be planted. Native, drought tolerant, deciduous species will
be used (eg: cottonwood, willow, hackberry). Two to three trees will be
"clustered" in strategic locations adjacent to the ponds and wetland
"pods". Exact locations will be determined after final grading of the
channel is complete.
Specific details of the revegetation plan can be found in the plans and
specifications for the Foothills Drainage Basin Regional Channel- Timberline
to Fossil Creek Reservoir Inlet Ditch Project.
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before by this 1174(
day of ya�t,,.�� 1995, by James R. Isgar, President of the
Colorado State Board of Agriculture, and John W. Bliss, Secretary
of the Colorado State Board of Agriculture.
Witness my hand and official seal.
My Commission Expires: /% Ilfs-
I
Notary PAblic
- 3 of 3 -
KSE 19 1111 i71 MC 1740
SECTION 29, T6N, R69N
11 WE RD.
WaTOOTH RD.
SCALE : 1'=1000'
cx1141Ai7- 7t 1
-E--7�, -9V
WY OFF ^-r 30L�� u;&
n �r
ri
ADDENDUM TO RIGHT-OF-WAY DEED
THIS ADDENDUM TO RIGHT-OF-WAY DEED is made this < _? day of
1994, between THE COLORADO STATE BOARD OF
ii AGRICULTURE (hereinafter referred to as "the Board") and THE CITY
si OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter
r s,
referred to as "the City").
WHEREAS, the Board and the City entered into a Right -of -Way
= Deed dated August 18, 1994, and recorded with the Larimer County
=i Clerk and Recorder at Reception No. 94069703, concerning
pia approximately 9.02 acres of land located in the City of Fort
U'L' Collins which is a portion of what is commonly known as the "Rigdon
a; r
a. Farm"; and
WHEREAS, the Right -of -Way Deed grants and conveys to the City
the right to use the property for a stormwater drainage channel and
related facilities but did not specifically include a general grant
z; of underground utility rights; and
WHEREAS, the parties wish to modify the Right -of -Way Deed to
x include a grant of underground utility rights from the Board to the
�i
f; City.
ex',
? al NOW, THEREFORE, in consideration of their mutual promises
contained herein and One Dollar ($1.00), and other good and
x valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. That the first full paragraph on page two of the Right-
n a,
of -Way Deed shall be modified to read as follows:
n
"WITNESSETH, that the Board, for and in consideration of
S,
^S� the sum of One Hundred Seventeen Thousand Three Hundred
a x;
Thirty-five and 70/100 Dollars ($117,335.70), to the
Board in hand paid by the City and the promises and
covenants of the City contained herein, and subject to
the terms and conditions herein made, does hereby grant,
?'x release and quit claim to the City of Fort Collins,
zlf; Colorado, the following real property ("the Property") in
the County of Larimer, State of Colorado, to wit:
See Exhibit "A" attached hereto and
incorporated herein by this reference,
for, and only for, the following use: to construct,
maintain, repair, and operate a stormwater drainage
channel and related facilities in the manner and style as
more fully set forth in the Improvement Plans, and to
construct, maintain, repair, and operate underground
utilities, reserving unto the Board all mineral rights,
including the right to extract any minerals, and crossing
rights over areas of the Property shown in the
Improvement Plans. However, any mineral extraction shall
be done in accordance with methods and procedures
approved by the City and in a manner that does not impair
the City's use and operation of the drainage channel or
the underground utilities."
2. The Right-of-way Deed shall remain in full force and
effect as modified by this Addendum.
IN WITNESS WHEREOF, the parties have executed this Deed on the
day and year first above written.
ATTEST:
��, 1'r'1 !-, 1
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
J,dhn W. Bliss, Secretary
f�
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By: 'IL1W
qjX-y'Manager6/
THE BOARD:
COLORADO STATE BOARD OF AGRICULTURE
am
- 2 of 3 -
�n
nr)
APPROVE
Harry cCabe,
University Contract Advisor
STATE OF COLORADO
ss.
COUNTY OF LARIMER
Jud th lost Schmidt,
De # y general Counsel
The foregoing instrument was acknowledged before me this /dax.
day of `? , 19�, by James R. Isgar, President of
the Colorado State Board of Agriculture, and John W. Bliss,
Secretary of the Colorado State Board of Agriculture.
Witness my hand and offic�al /
My Commission Expires: 7/151175
Nota y Publ'
- 3 of 3 -
RC PTN Y 4411 Fit/H4 11({44 1_h •. 12-M) 12 PAC3F.S - 14 RF.F - �45.(1fl
XH . F F: M:. - N . I I n
M H(111 M'N Hh;Rh FLH RNC'.(1(71)H. I,A F2 rMFg C'OIINTV ('.Q S`I'%1T
RIGHT OF WAY DEED
THIS DEED is made this /F„ day of August
Colorado State Board of Agriculture (the "Board")
Fort Collins, Colorado (the "City").
S141E DOCUMENTARY fU
1994 between the
and the City of
WHEREAS, The Board is a body corporate and the governing
board of Colorado State University, a state institution of higher
education located in the City of Fort Collins, Colorado.
WHEREAS, The "property" is a strip of land approximately 85-
90 feet in width and comprising approximately 9.02 acres, and is
situated in the City of Fort Collins, County of Larimer, State of
Colorado, being described more fully on Exhibit "A" hereto. The
property is a portion of what is commonly know as the "Rigden
Farm," which is held by the Board for the use and benefit of
Colorado State University. The Rigden Farm is located in the
easterly part of the City, and is bounded on the east side by
County Road 9, on the north side, in part, by Drake Road, and the
remaining boundaries border partially developed, privately owned
lands.
WHEREAS, The City desires to develop, construct, and use the
property as an open channel to carry storm waters from the
Foothills Drainage Basin, Regional Channel to the Cache La Poudre
River. The channel is to be part of the public works project being
constructed by the City known as the Foothills Basin Regional
Channel Project.
WHEREAS, Representatives of the Board have cooperated with
the City in the design and planning of the proposed channel in an
effort to serve the interests of their respective constituencies
and in a manner reflective of their respective constitutional
autonomy, authority, and responsibilities as public entities. The
1
I
Al
CITY OF FORT COLUNS
preliminary plans for the proposed channel approved by the parties
and referred to for the purposes of this agreement are dated May
18, 1994, were prepared by TST, Inc. of Fort Collins, and are
entitled "Foothills Drainage Basin Regional Channel, Timberline
Road to Fossil Creek Reservoir Inlet Ditch" (the "Improvement
Plans"). A copy of the Improvement Plans with original signature
and professional stamp of the preparer is in the possession of each
of the parties.
WITNESSETH, that the Board, for and in consideration of the
sum of One Hundred Seventeen Thousand Three Hundred Thirty -Five
and 70/100 Dollars ($117,335.70), to the Board in hand paid by the
City and the promises and covenants of the City contained herein,
and subject to the terms and conditions herein made, does hereby
grant, release and QUIT CLAIM to the City of Fort Collins,
Colorado, the following real property (the "property"), in the
County of Larimer, and State of Colorado, to wit:
See Exhibit "A" attached hereto and
incorporated herein by this reference,
for, and only for, the following use: to construct, maintain,
repair, and operate a storm water drainage channel and related
facilities in the manner and style as more fully set forth in the
Improvement Plans, reserving unto the Board all mineral rights,
including the right to extract any minerals, and crossing rights
over areas of the property shown in the Improvement Plans.
However, any mineral extraction shall be done in accordance with
methods and procedures approved by the City and in a manner that
does not impair the City's use and operation of the drainage
channel.
PROVIDED, this Deed is subject to the conditions listed below.
If the City shall fail to fulfil any or all of the stated
conditions, the City shall be liable for all damages caused by such
FA