HomeMy WebLinkAbout054 - 05/17/2022 - APPROVING THE VACATION AND REDEDICATION OF FOUR PERMANENT UTILITY EASEMENTS LOCATED ON LOTS 2 AND 3ORDINANCE NO.054, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE VACATION AND REDEDICATION OF FOUR PERMANENT
UTILITY EASEMENTS LOCATED ON LOTS 2 AND 3 OF THE
LAKEVIEW ON THE RISE SUBDIVISION.
WHEREAS, Pedcor Investments-2015-CLII, L.P. ("Pedcor") is the owner of certain real
property in Larimer County, Colorado legally described as Lots 1, 2, and 3, Lakeview on the Rise
Subdivision, Fort Collins, Colorado (the "Property"); and
WHEREAS, Pedcor conveyed certain utility easements to the City by Deed of Dedication
of Easement dated June 6, 2019, and recorded in the records of the Larimer County Clerk and
Recorder on July 17, 2019, at Reception No. 20190040395 (the "Original Easements"), to provide
additional utility easements outside of those specified on a 2017 plat of the Property; and
WHEREAS, the Original Easements are described on Exhibit "A", attached and
incorporated herein by reference; and
WHEREAS, the utility equipment was installed but not entirely within the boundaries of
the Original Easements; and
WHEREAS, City staff, in coordination with Pedcor, has identified minor location changes
to the Original Easements necessary to encompass the actual location of the utility equipment,
including the addition of sixty-five foot long portion of easement and the widening of two other
sections of easement (the "Replacement Easements"); and
I IEREAS, a copy of the Deed of Dedication from Pedcor for the Replacement Easements
is attached as Exhibit "B" and incorporated herein by reference; and
WHEREAS, if the City Council approves the vacation of the Original Easements and
acceptance of the Replacement Easements, the City will acquire an additional 12,190 square feet
of utility easement in exchange for its vacation of its easement rights in portions of the Property
not actually burdened by the utility equipment; and
WHEREAS, City staff has recommended the City Council vacate the Original Easements
and accept the rededication of the Replacement Easements by Pedcor; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided that the City
Council first finds, by ordinance, that such sale or disposition is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the vacation of the Original
Easements and acceptance of the Replacement Easements, on the terms and conditions described
herein, is in the best interests of the City.
Section 3. That the City Council hereby authorizes the Mayor to accept the Deed of
Dedication for the Replacement Easements in substantially the form attached as Exhibit "B",
together with such additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines are necessary or appropriate to protect the interests of the City.
Section 4. That the City Council hereby vacates, terminates and abandons the Original
Easements more particularly described on Exhibit "A", effective as of the date that this Ordinance
and the Deed of Dedication for the Replacement Easements have both been recorded in the records
of the Larimer County Clerk and Recorder.
Section 5. The City Council further authorizes the Mayor to execute such other
documents as the City Manager, in consultation with the City Attorney, may determine are
necessary or appropriate to further document the vacation, termination and abandonment of the
Original Easements and acceptance of the Replacement Easements as described in this Ordinance.
Introduced, considered favorably on first reading, ordered published this 3rd day of May,
A.D. 2022, and to be presented for final passage on the 17th day May, A.D. 2022.
ATTEST:
City Clerk
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Passed and adopted on final reading day of May, A.D. 2022.
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ATTEST: ..r�
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EXHIBIT A
RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 4 of 8, $48.00
Angela Myers, Clerk & Recorder, Larimer County, CO
PROPERTY DESCRIPTION
UTILTIY EASEMENTS
Four strips of land, 9 feet in width lying 4.5 feet each side of the described centerline, being a part of Lots 2
and 3 of Lakeview on the Rise Subdivision as recorded September 12, 2018 as Reception No. 20180056276
of the Records of Larimcr County, located in the Northwest Quarter (NW 114) of Section Thirteen (13),
Township Six North (f.6N.), Range Sixty -Nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.),
City of Fort Collins, County of Larimer, State of Colorado and the centerlines of said strips of land being
more particularly described as follows:
Utility Easement "I"
COMM ENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing
South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,
North American Datum 198312011, a distance of 621.17 feet with all other bearings contained herein
relative thereto;
THENCE South 00°29'23" East along said West line, a distance of 168.97 feet to the POINT OF
BEGINNING;
THENCE North 89130*37" East a distance of 161.20 feet to a point hereon referred to as POINT "A";
THENCE North 89°30'37" East a distance of41.17 feet to a point hereon referred to as POINT "B";
THENCE North 89°30'37" East a distance of 104.95 feet to a point hereon referred to as POINT "C";
THENCE North 89°30'37" East a distance of 110.76 feet;
THENCE South 0012923" East a distance of 74.53 feet;
THENCE South 89°30'37" West a distance of 40.59 feet;
THENCE South 00*29*23" East a distance of 182.15 feet to a point hereon referred to as POINT "D";
THENCE South 00*29*23" East a distance of 205.01 feet to the South line of said Lot 2 and the POINT OF
TERMINATION.
Together with
BEGINNING at the aforementioned POINT "A'
TIIENCE North 00129'23" West n distance of 21.49 feet to the POINT OF TERMINATION.
Together with
BEGINNING at the aforementioned POINT "B";
THENCE South 00°29'23" East a distance of 87.87 feet to the POINT OF TERMINATION.
Together with
BEGINNING at the aforementioned POINT "C'
TIIENCE South 00°29'23" East a distance of461.69 feet to the South line ofsaid Lot 2 and the POINT OF
TERMINATION.
Together with
BEGINNING at the aforementioned POINT "D'
TIIENCE North 89°30'37" East a distance of 67.42 feet to the POINT OF TERMINATION.
Said described parcel of land contains 13,868 Square Feet or 0.318 Acres, more or less (t), and is subject to
any rights -of -way or other easements of record or as now existing on said described parcel of land.
Utility Easement 112"
COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing
South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,
North American Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein
relative thereto;
THENCE South 00°29'23" East along said West line, a distance of 384.86 feet to the POINT OF
BEGINNING;
TIIENCE North 89°30'37" East a distance of 25.43 feet to the POINT OF TERMINATION.
Said described parcel of land contains 229 Square Feet or 0.005 Acres, more or less (t), and is subject to
any rights -of -way or other easements of record or as now existing on said parcel of land.
VAN 19054T DESCRIPTIONS�10180547EXI 1 dIc Pagel of 5
' � � 38209
L LAt _
EXHIBIT A
RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 5 of 8, $48.00
Angela Myers, Clerk & Recorder, Larimer County, CO
Utility Easement "3"
COMMENCING at the Northwest comer of said Lot 2 and assuming the West line of said Lot 2 as bearing
South 00129'23" Fast being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,
North American Datum 1983/201 1, a distance of 621.17 feet with all other bearings contained herein
relative thereto;
THENCE South 00°29'23" East along said West line, a distance of 231.92 feet to a line being the
prolongation of the North line of said Lot 3;
THENCE South 89°30'37" West along said prolongation a distance of 179.53 feet to the POINT OF
BEGINNING;
THENCE South 00°29'23" East a distance of 25.16 feet:
THENCE South 89°30'37" West a distance of 24.71 feet to the POINT OF TERMINATION.
Said described parcel of land contains 449 Square Feet or 0.010 Acres, more or less (t), and is subject to
any rights -of --way or other casements of record or as now existing on said described parcel of land.
Utility Easement "4"
COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing
South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,
North American Datum 1983/2011, a distance of 621.57 feet with all other bearings contained herein
relative thereto;
THENCE South 00°29'23" East along said West line, a distance of 614.73 feet;
T14ENCE South 89°53'37" West a distance of 64.68 feet to the East line of said Lot 3 and the POINT OF
BEGINNING;
T14ENCE South 89°53'37" West a distance of 83.70 feet to a point hereon referred to as POINT "E';
THENCE South 89°53'37" West a distance of 202.48 feet to the West line of said Lot 3 and the POINT OF
TERMINATION;
Together with
BEGINNING at the aforementioned POINT "E";
THENCE North 00°06'23" West a distance of 67.38 feet;
THENCE South 89°53'37" West a distance of 55.05 feet;
THENCE North 70°31 *45" West a distance of 13.43 feet;
THENCE South 89°53'37" West a distance of 134.54 feet to the West line of said Lot 3 and the POINT OF
TERMINATION.
Said described parcel of land contains 4,969 Square Feet or 0.114 Acres, more or less (f), and is subject to
any rights -of -way or other easements of record or as now existing on said described parcel of land.
The sidelines of said strips of land shall be lengthened or shortened so as to result in a continuous line
through angle points and so as to terminate at lot lines and rights -of -way, also to terminate on a line drawn
perpendicular to said centerline at the Point of Termination for the centerlines when not terminating at lot
lines and rights -of -way.
SURVEYORSSTATEMENT
I, Paul B. Groves, a Colorado Licensed Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
o L
Paul B. Groves -on behalf of r urveyors KING SURVEYORS
Colorado Licensed Professional 650 East Garden Drive
Land Surveyor #38209 Windsor, Colorado 80550
(970)686-5011
VA20180547.1)6CRIPTIONS,20180547EX11 doe Page 2 of 5
EXHIBIT A
RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 6 of 8, $48.00
Angela Myers, Clerk & Recorder, Larimer County, CO
EASEMENT EXHIBIT I EXHIBIT A I NW 1/4, SEC 13 T6N, R69W I
PAGE 3 OF 5
I
LOT1
unuTlr
— — EASE]IFNT '1'
I LORIEVLANE
U11&y
EASEMENT '3'
p UTIUTr LOT
r-EASEMENT '2'
LAKEVJEI# ON THE RISE
RE .20180056276
UTILITY '4' S 19NVEYBROOKROAD
O �J7 — — — —
h
LOT3
I
I
I
I I
I I
W SEC TR, T.6N., R.69W.
50 25 0 50
SCALE IN FEET
SCALE: 1 "=50'
Paul B. Groves — On Behalf Of King Surveyors
Colorado Licensed Professional
Land Surveyor /38209
NOTE: This exhibit drawing is not intended to be a monumented land survey. Its sole purpose is as a graphic
representation to aid in the visualization of the written property description which it accompanies. The written
property description supersedes the exhibit drawing.
NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within
three years after you first discover such defect. In no event may any action based upon any defect in this survey be
commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
KING SURVEYORS DATE:5/ECT 5/201 80547
650 E. Garden Drive I Windsor. Colorado 80550 DATE:: Pedco019
CLIENT:Pedcor Investments, LLC
phone (970) 686-501 1 I Paz: (970) 686-5821 DWG: 20180547EXH
email: contaci@KingSumeyors.com KingSumeyors.com DRAWN: DRS CHECKED: PBG
EXHIBIT A
RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 7 of 8, S48.00
Angela Myers, Clerk & Recorder, Larimer County, CO
EASEMENT EXHIBIT EXHIBIT A NW 1/4. SEC 13 T6N, R69W
—POINT OF PAGE 4 OF 5
/ COMMENCEMENT
NW CORNER LOT 2
i�
a
m
�o
w
M
N
Gl
0
POINT OF
POINT OF
TERMINATION
POINT "A'
E 161.20'
N89'30'37"E 41.1
POINT 'B'
POINT OF
TERMINATION
POINT OF
BEGINNING UTILITY
EASEMENT "2"
229 SQ.FT:
POINT OF
\ TERMINATION
`—NB9'30'37"E 25.43'
UTILITY
3'23"W 21.49' EASEMENT "I"
13,868 SQ.FT,
MMgzaQ'
59'30'37"E 104.95' N89'30'37'E 110.76'
POINT "C'
S89'30'37"W
'W.59'
C4
LOT2 CO
1
50 25 0 50
SCALE IN FEET
SCALE: 1 "=50'
i>Poot
�P
POINT OF
POINT
STOAEYBROOKRO.4D �aNT OF
aNT OF TERMINATION
ERMINATION
NOTE: This exhibit draw;ng is not intended to be a
monumenled land survey. Its sole purpose is as a
graphic representation to aid in the visualization of the
written property description which it accompanies. The
,a 3809
written property description supersedes the exhibit
•••
drawing.
ssic yPs�•gJP
NOTICE: According to Colorado low you must commence
tigt
any legal action based upon any deect in this survey
first discover defect.
LF�'`r
within three years after you such
In no event may any action based upon any defect in
Paul B. Groves — On Behalf Of King Surveyors
this survey be commenced more than ten years from
Colorado Licensed Professional
the date of the certification shown hereon. (13-80-105
Land Surveyor #38209
C.R.S. 2012)
KING SURVEYORS
PROJECT NO:20180547
DATE:5/15/2019
91
650 G. Garden Drive I Windsor. Colorado 80550 CLIENT' Pedcor Investments, LLC
phone: (970) 686-501 I I fax: (970) 686-5821
DWG:20180547EXH
email: cont.Lct@KingSurveyors.com
DRAWN: DRS CHECKED: PBG
EXHIBIT A
RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 8 of 8, $48.00
Angela Myers, Clerk & Recorder, Larimer County, CO
EASEMENT EXHIBIT EXHIBIT A NW 1/4, SEC 13 T6N, R69W
I PAGE 5 OF 5
POINT OF
I COMMENCE IENT
NW CORNE
LOT 2
I
LOT I
I i m
I H
I w
i•1
N
Vl
8
v1
POINT OF LORIENj NE
BEGINNIN
O'29'23'E
S89'30'37'W 179.53'
SO25.16' UTILITY
POINT OF EASEMENT "3"
TERMINATION 449 7: SQd? N w
S89'30'37'W 24.71' I {ago w i
O N N
I
I
LOT3
I w 4
I �
I
p I 50 25 0 50 I q
SCALE IN FEET I
� SCALE: 1"=50'
I N70'31'45'W
POINT OF 13.43'
I TERMINATION _S89.53'37"W
UTILITY
EASEMENT "4"
4,969 SQ.FT.
POINT
POINT of
�V
BEGINNIN
83.70' S89'53'37
9'53'37'W 64.68'
' -POINT OF
I 1N
�pPPDO LicF2
B`�R •�
NOTE: This exhibit drawing is not intended to be a
C� •
monumented land survey. Its sole purpose is as a
graphic representation to old in the visualization of
a)
a)38f 9
the written property description which it accompanies.
�• % 0
�/
The written property description supersedes the exhibit
*� 7!
drawing.
�Ji ' • �`;' JQa
�hAl•LHNO `�
NOTICE: According to Colorado law you must
commence any legal action based upon any defect in
this survey within three years after you first discover
such defect. In no event may any action based upon
Paul B. Groves — On Behalf Of King Surveyors
any defect in this survey be commenced more than
Colorado Licensed Professional
ten years from the date of the certification shown
Land Surveyor y3B209
hereon. (13-80-105 C.R.S. 2012)
KING SURVEYORS
PROJECT 280547
DATE:S/15/5/201019
(M 650 E. Garden Drive I Windsor, Colorado 80550
CLIENT: Pedcor Investments, LLC
phone: (970) G86-5011 1 fax: (970) 686-5821
DWG• 20180547EXH
email: conlaclQe KingSurveyors.com
DRAWN: DRS CHECKED: PBG
07:11 11M
DEED OF DEDICATION OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Pedcor Investments-
2015-CLII, L.P. ("Grantor"), being the owner of certain real property in Larimer County, Colorado
legally described as Lots 1, 2 and 3, Lakeview on the Rise Subdivision, City of Fort Collins,
County of Larimer, State of Colorado according to plat recorded September 12, 2018 at Reception
No. 20180056276 in the Larimer County Records, in consideration of Ten Dollars ($10.00) in
hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration,
does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal
Corporation ("City"), whose mailing address for purposes of this deed is P.O. Box 580, Fort
Collins, CO 80522, for public use forever a permanent easement for the installation, operation and
maintenance of public gas, phone, internet and electric utilities in the City of Fort Collins, County
of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by
this reference made a part hereof (the "Easement").
The City's rights under the Easement include the right to install, operate, access, maintain, repair,
reconstruct, remove and replace within the Easement public improvements consistent with the
intended purpose of the Easement; the right to install, maintain and use gates in any fences that
cross the Easement; the right to mark the location of the Easement with suitable markers; and the
right to permit other public utilities to exercise these same rights. Grantor reserves the right to use
the Easement for purposes that do not interfere with the full enjoyment of the rights hereby granted.
The City is responsible for maintenance of its own improvements and for repairing any damage
caused by its activities in the Easement, but by acceptance of this dedication, the City does not
accept the duty of maintenance of the Easement, or of improvements in the Easement that are not
owned by the City. Grantor will maintain the surface of the Easement in a sanitary condition in
compliance with any applicable weed, nuisance or other legal requirements.
Except as expressly permitted in an approved plan of development or other written agreement with
the City, Grantor will not install on the Easement, or permit the installation on the Easement, of
any building, structure, improvement, fence, retaining wall, sidewalk, tree or other landscaping
(other than usual and customary grasses and other ground cover). In the event such obstacles are
installed in the Easement, the City has the right to require the Grantor to remove such obstacles
from the Easement. If Grantor does not remove such obstacles, the City may remove such
obstacles without any liability or obligation for repair and replacement thereof, and charge the
Grantor the City's costs for such removal. If the City chooses not to remove the obstacles, the
City will not be liable for any damage to the obstacles or any other property to which they are
attached.
The rights granted to the City by this Deed inure to the benefit of the City's agents, licensees,
permittees and assigns.
[SIGNATURES ON FOLLOWING PAGE]
23107152.2
07:11 11M
Witness our hands and seals this day of �A6j� 2021.
Grantor:
Pedcor Investments-2015-CLII, L.P.
By: Fort Collins Housing Company, LLC,
Its General Partner
By: Pedcor Investments, Limi d Liability
Company, Its Manager
By:txecutive
Vft-.....
M. Houser,
Vice Pres ent
Name and Address:
Pedcor Investments-2015-CLII, L.P.
770 Third Avenue, S.W.
Carmel, Indiana 46032
ATTEST:
By'.
Title: VQ F'✓t an c C
State of Indiana )
) ss
County of Hamilton )
The foregoing instrument was acknowledged before me this A6� day of OC 11 , 2021,
by Jared M. Houser as Executive Vice President of Pedcor Investments, A Limited Liability
Company, the Manager of Fort Collins Housing Company, LLC, which is the General Partner of
Pedcor Investments-2015-CLII, L.P.
Witness my hand and official seal.
My commission expires: 11'L�I
Notary Public
�1pYIP �� CAITLIN BURGESS
i
a ��• �B�'%
Notary Pyblic, State of Indiana
=SEAL "
Boone County
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%gyp' . •t• c'
Commission Number NP0719538
My Commission Expires
p
�rrr11111VO,
April 02, 2027
23107152.2
07:11 11m
City Acceptance
ACCEPTED BY CITY:
Date Jeni Arndt, Mayor
ATTEST:
City Clerk
(Print Name)
APPROVED AS TO FORM:
Assistant City Attorney
(Print Name)
ONMI1 11M
This Deed of Dedication of Easement is hereby acknowledged and agreed to by:
MERCHANTS CAPITAL CORP.,
an Indiana corporation
By:
James E. Russell,
Senior Vice President
INTERNATIONAL CITY BANK
By:
Donald R. Neel,
President
UNITED FIDELITY BANK, fsb
By:
Donald R. Neel,
President
23107152.2
07:11 11M
This Deed of Dedication of Easement is hereby acknowledged and agreed to by:
MERCHANTS CAPITAL CORP.,
an Indiana corporation
1.2
Nicole Swentek,
Senior Vice President
INTERNATIONAL CITY BANK
By: A.
R. Neel,
President
UNITED FIDELITY BANK, fsb
By. Q t .
Donald R. Neel,
President
23107152.2
07:11 11m
See Attached
23107152.2
07:11 11M
PROPERTY DESCRIPTION
UTILTIY EASEMENTS
Four strips of land, being a part of Lots 2 and 3 of Lakeview on the Rise Subdivision as recorded September 12, 2018
as Reception No. 20180056276 of the Records of Larimer County, located in the Northwest Quarter (NW 1/4) of
Section Thirteen (13), Township Six North (T.6N.), Range Sixty -Nine West (R.69W.) of the Sixth Principal Meridian
(6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and the centerlines of said strips of land being
more particularly described as follows:
Utility Easement "1"
COMMENCING at the Northwest comer of said Lot 2 and assuming the West line of said Lot 2 as bearing South
00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto;
THENCE South 00°29'23" East along said West line a distance of 153.47 feet to the POINT OF BEGINNING;
THENCE North 89030'37"
East a distance of 156.70 feet;
THENCE North 00029'23"
West a distance of 5.99 feet;
THENCE North 89030'37"
East a distance of 9.00 feet;
THENCE South 00°29'23"
East a distance of 5.99 feet;
THENCE North 89030'37"
East a distance of 256.89 feet to a point hereon referred to as POINT "A";
THENCE South 00029'23"
East a distance of 94.53 feet;
THENCE South 89030'37"
West a distance of 35.59 feet;
THENCE South 00029'23"
East a distance of 173.15 feet;
THENCE North 89030'37"
East a distance of 57.92 feet;
THENCE South 00029'23"
East a distance of 9.00 feet;
THENCE South 89130'37"
West a distance of 57.92 feet;
THENCE South 00°29'23"
East a distance of 200.51 feet to the North Right -of -Way of Stoney Brook Road as
dedicated by said Lakeview on the Rise Subdivision;
THENCE South 89030'37"
West along said North Right -of -Way a distance of 14.00 feet;
THENCE North 00029'23"
West a distance of 382.66 feet;
THENCE South 89030'37"
West a distance of 17.03 feet;
THENCE North 00129'23"
West a distance of 74.53 feet;
THENCE South 89030'37"
West a distance of 44.15 feet;
THENCE South 00029'25"
East a distance of 457.19 feet to the North Right -of -Way of Stoney Brook Road as
dedicated by said Lakeview on the Rise Subdivision;
THENCE South 89030'37"
West along said North Right -of -Way a distance of 20.00 feet;
THENCE North 00029'25"
West a distance of 457.19 feet;
THENCE South 89030'37"
West a distance of 84.95 feet;
THENCE South 00029'23"
East a distance of 83.37 feet;
THENCE South 89030'37"
West a distance of 9.00 feet;
THENCE North 00029'23"
West a distance of 83.37 feet;
THENCE South 89030'37"
West a distance of 197.88 feet to the East Right -of -Way of Debra Drive as dedicated by
said Lakeview on the Rise Subdivision;
THENCE North 00°29'23"
West along said East Right -of -Way a distance of 20.00 feet to the POINT OF
BEGINNING.
Excepting therefrom
COMMENCING at the aforementioned POINT "A";
THENCE South 23°44' 17" West a distance of 21.93 feet to the POINT OF BEGINNING 2;
THENCE South 00029'23" East a distance of 65.53 feet;
THENCE South 89030'37" West a distance of 48.62 feet;
THENCE North 00029'23" West a distance of 65.53 feet;
THENCE North 89030'37" East a distance of 48.62 feet to the POINT OF BEGINNING 2;
Said described parcel of land contains 26,058 Square Feet or 0.598 Acres, more or less (f), and is subject to any rights -
of -way or other easements of record or as now existing on said described parcel of land.
Utility Easement L12"
Being a strip of land 9.00 feet in width lying 4.5 feet each side of the centerline of said strip of land being more
particularly described as follows;
COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South
00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto;
THENCE South 00029'23" East along said West line, a distance of 384.86 feet to the POINT OF BEGINNING;
V:\20180547\DESCRIPTIONS\old-20180547EXH_Rl.doc Page 1 of 6
07:11 11M
THENCE North 89°30'37" East a distance of 25.43 feet to the POINT OF TERMINATION.
Said described parcel of land contains 229 Square Feet or 0.005 Acres, more or less (t), and is subject to any rights -of -
way or other easements of record or as now existing on said described parcel of land.
Utility Easement 113"
Being a strip of land 9.00 feet in width lying 4.5 feet each side of the centerline of said strip of land being more
particularly described as follows;
COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South
00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto;
THENCE South 00°29'23" East along said West line, a distance of 231.92 feet to a line being the prolongation of the
North line of said Lot 3;
THENCE South 89°30'37" West along said prolongation a distance of 179.53 feet to the POINT OF BEGINNING;
THENCE South 00029'23" East a distance of 25.16 feet;
THENCE South 89°30'37" West a distance of 24.71 feet to the POINT OF TERMINATION.
Said described parcel of land contains 449 Square Feet or 0.010 Acres, more or less (f), and is subject to any rights -of -
way or other easements of record or as now existing on said described parcel of land.
Utility Easement 114"
Being a strip of land 9.00 feet in width lying 4.5 feet each side of the centerline of said strip of land being more
particularly described as follows;
COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South
00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto;
THENCE South 00029'23" East along said West line, a distance of 614.73 feet;
THENCE South 89053'37" West a distance of 64.68 feet to the East line of said Lot 3 and the POINT OF
BEGINNING;
THENCE South 89°53'37" West a distance of 83.70 feet to a point hereon referred to as POINT "E";
THENCE South 89053'37" West a distance of 202.48 feet to the West line of said Lot 3 and the POINT OF
TERMINATION;
Together with
BEGINNING at the aforementioned POINT "E";
THENCE North 00°06'23" West a distance of 67.38 feet;
THENCE South 89°53'37" West a distance of 55.05 feet;
THENCE North 70031'45" West a distance of 13.43 feet;
THENCE South 89153'37" West a distance of 134.54 feet to the West line of said Lot 3 and the POINT OF
TERMINATION.
Said described parcel of land contains 4,969 Square Feet or 0.114 Acres, more or less (f), and is subject to any rights -
of -way or other easements of record or as now existing on said described parcel of land.
The sidelines of said strips of land shall be lengthened or shortened so as to result in a continuous line through angle
points and so as to terminate at lot lines and rights -of -way, also to terminate on a line drawn perpendicular to said
centerline at the Point of Termination for the centerlines when not terminating at lot lines and rights -of -way.
SURVEYORS STATEMENT
I, Paul B. Groves, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was
prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and
belief.
&P'DO
Unerl.B'v
Paul B. Groves - on r urveyors KING SURVEYORS
Colorado Licensed Professional 650 East Garden Drive
Land Surveyor #38209 Windsor, Colorado 80550
(970) 686-5011
V:\20180547\DESCRIPTIONS\old-20180547EXH_Rl.doc Page 2 of 6
EXHIBIT B
I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I
W 1 /4 COR.
SECT. 13,
T.6N., R.69W.
i
200 100 0 200
SCALE IN FEET
SCALE: 1 "=200'
PAGE 3 OF 6
LOT 1 I U11UTY
EASEMENT "1"
LORIENLANE -
Ul
EASEMENT N30 LOT 2
q UMUTY F
EASEMENT -2"
I I
LAKEWEV1 ON THE RISE
REC. 2b180056276
UTIUTY —
EASEMENT '4' STONEYBROOKROAD
LOT3
i 3820'�
.0
J
SRO • •���� .�JQ,
\Nq� LAND
Paul B. Groves — On Bel df ' C
Colorado Licensed Professional
Land Surveyor #38209
g Surveyors
NOTE: This exhibit drawing is not intended to be a monumented land survey. Its sole purpose is as a graphic
representation to aid in the visualization of the written property description which it accompanies. The written
property description supersedes the exhibit drawing.
NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within
three years after you first discover such defect. In no event may any action based upon any defect in this survey be
commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
KING SURVEYORS PROJECT NO:20180547
650 E. Garden Drive I Windsor, Colorado 80550 DATE: 1 1 /17/2021
phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC
DWG: 20180547EXH_R1
email: cont
act@KingSurveyors.com DRAWN: SMF CHECKED: PBG
EXHIBIT B
I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I
PAGE 4 OF 6
iCOMMNW CORNER
LOT 2
ri POINT OF
1°
ENCEMENT
w
R
M
N
0)
N
o POINT OF
BEGINNING
L2 POINT "A"
20'
7N89*30'37"E 156.70' _ L1� _ L3 _ N89'30'37"E 256.89'
io UM1
� — — — — — S89'30'37"W 197.88' L13 I I L11 L22 rn
� I g,
M I
w UTILITY 1� I I
J J M
N EASEMENT "1" J J I I 0)CV
N 26,058 SQ.FT. I I 9 L20a
0 9'
n r, N L15 20' �- -j L9 i i L4
0.7
a� LOT
0°W
ON
I I I
D rn POINT OF I I I I w
En, N BEGINNING UTILITY I M
v N EASEMENT "2" °( I 1 1 N
I
229 SQ.FT. I I I ( N
POINT OF 3 I I I I--14'
TERMINATION N I I a zo I I
Lo
1 0) I � N I
N89'30'37"E 25.43' No l I N COI L 1 L5 _
ZI I vi o31 I L7 J`�°
q I I I NI I�g,
I I NI
o I
i I I 0I I�
I ZI to
70' 35' 0 70' i I I N
I I jw
I I IN
SCALE: 1"=70' ( I I l o
I I I IV)
I I I
I 11
STOIVEYBROOKROAD L12 L8
33209 v : a=
0 �:.• •5JP
Y LAND
Paul B. Groves — On Behalf Of King Surveyors
Colorado Licensed Professional
Land Surveyor #38209
NOTE: This exhibit drawing is not intended to be a '
monumented land survey. Its sole purpose is as a
graphic representation to aid in the visualization of the
written property description which it accompanies. The
written property description supersedes the exhibit
drawing.
NOTICE: According to Colorado law you must commence
any legal action based upon any defect in this survey
within three years after you first discover such defect.
In no event may any action based upon any defect in
this survey be commenced more than ten years from
the date of the certification shown hereon. (13-80-105
C.R.S. 2012)
KING SURVEYORS PROJECT NO:20180547
AL650E. Garden Drive I Windsor, Colorado 80550 DATE: 11 /17/2021
phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC
DWG: 20180547EXH_R 1
email: contact@KingSurveyors.com DRAWN: SMF CHECKED: PBG
EXHIBIT B
I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I
O
PAGE 5 OF 6
POINT OF
COMMENCEMENT
NW CORNER
LQT 2
I
LOT 1
N
0
M
N
W
e
M
N
C1
N
O
O
POINT OF
LORLENLAiVE
BEGINNIN
S89-30-37"W 179.53'
So0.29'23"E 25.16'
UTILITY
POINT of EASEMENT "3"
TERMINATION
449 SQ.FT.
z N
•t
S89'30'37"W 24.71'
I
w
mw
3
O N
"0)
N
I
N
'0)
Q O
m N
O
Z
I
LOT3
I
I
q
I �
I
70' 35' 0
I
70'
A
SCALE: 1 "=70'
I
N70'31'45"W
I
I
POINT OF 13.43'
TERMINATION
S89'53'37"W
55.05'
S89'53'37"W 134.54'
UTILITY10
N
EASEMENT "4"
"' POINT OF
4,969 SQ.FT.
o BEGINNIN
Z 83.70'
7*S89M3'37"W 202.48'
_S8_9'5_3'3_7_"W
S89'53'37"W
64.68'
"E"FA
OPOINT
I TERMINATION
I \
C5PD0 C/c NOTE: This exhibit drawing is not intended to be a
monumented land survey. Its sole ,F .
'L purpose is as a
graphic representation to aid in the visualization of
the written property description which it accompanies.
3 cnS The written property description supersedes the exhibit
p 20� ir drawing.
NOTICE: According to Colorado law you must
' QJ commence any legal action based upon any defect in
� '9C °°°N05 this survey within three years after you first discover
such defect. In no event may any action based upon
Paul B. Groves — On 9o§1MhS35King Surveyors any defect in this survey be commenced more than
Colorado Licensed Professional ten years from the date of the certification shown
Land Surveyor #38209 hereon. (13-80-105 C.R.S. 2012)
KING SURVEYORS PROJECT NO:20180547
650 E. Garden Drive I Windsor, Colorado 80550 DATE: 11 / 17/2021
phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC
DWG: 20180547EXH—R 1
email: contact@KingSurveyors.com DRAWN: SMF CHECKED: PBG
EXHIBIT B
I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I
PAGE 6 OF 6
LINE TABLE
LINE
BEARING
LENGTH
L1
N00'29'23"W
5.99'
L2
N89'30'37"E
9.00'
L3
S00'29'23"E
5.99'
L4
S89'30'37"W
35.59'
L5
N89'30'37"E
57.92'
L6
S00'29'23"E
9.00'
L7
S89'30'37"W
57.92'
L8
S89'30'37"W
14.00'
L9
S89'30'37"W
17.03'
L10
N00'29'23"W
74.53'
L11
S89'30'37"W
44.15'
3. 20 a N
LAND 5J
Paul B. Groves — On Behalf Of King Surveyors
Colorado Licensed Professional
Land Surveyor #38209
LINE TABLE
LINE
BEARING
LENGTH
L12
S89'30'37"W
20.00'
L13
S89'30'37"W
84.95'
L14
S00'29'23"E
83.37'
L15
S89'30'37"W
9.00,
L16
N00'29'23"W
83.37'
L17
N00'29'23"W
20.00'
L18
S23'44'17"W
21.93'
L19
S00'29'23"E
65.53'
L20
S89'30'37"W
48.62'
L21
N00'29'23"W
65.53'
L22
N89'30'37"E
48.62'
NOTE: This exhibit drawing is not intended to be a
monumented land survey. Its sole purpose is as a
graphic representation to aid in the visualization of the
written property description which it accompanies. The
written property description supersedes the exhibit
drawing.
NOTICE: According to Colorado law you must commence
any legal action based upon any defect in this survey
within three years after you first discover such defect.
In no event may any action based upon any defect in
this survey be commenced more than ten years from
the date of the certification shown hereon. (13-80-105
C.R.S. 2012)
KING SURVEYORS PROJECT NO:20180547
650 E. Garden Drive I Windsor, Colorado 80550 DATE: 11 /17/2021
phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC
DWG: 20180547EXH_R 1
email: contact@KingSurveyors.com DRAWN: SMF CHECKED: PBG