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HomeMy WebLinkAbout004 - 02/04/2025 - VACATING THE RIVERBEND COURT RIGHT-OF-WAY AND APPROVING EASEMENTSORDINANCE NO. 004, 2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING THE RIVERBEND COURT RIGHT-OF-WAY AND APPROVING EASEMENTS A.The plat of the Prospect Industrial Park, April 25, 1979, recorded in the Larimer County Records at Reception Number 303647, Book 1947 Page 20, included dedication to the public of right-of-way for Riverbend Court. B.Liberty Common School (specifically LCS BUILDING CORP) owns all the properties surrounding Riverbend Court (Parcel numbers 8720214901, 8720206903, 8720105906, 8720105008, 8720105010, 8720105007, and 8720105004). C.Liberty Common School is proceeding through site plan review processes, proposing to expand its school facilities, including building a new junior high school building. D.The existing right-of-way is not compatible with the proposed school development, including proposed school traffic patterns and the proposed new building, which will be situated atop Riverbend Court, as illustrated in the proposed site plan in Attachment A, attached hereto and incorporated herein. E.Riverbend Court does not provide any necessary connectivity to other neighborhoods or streets, but it does provide access to the surrounding school properties. There are existing utilities in the area of Riverbend Court; so, Riverbend Court does require drainage, utility, access and emergency aecess easements. F.Liberty Common School has requested that the City vacate the Riverbend Court right-of-way described in Attachment B, attached hereto and incorporated herein, and has explained justification for the request. G.Liberty Common School will dedicate new easements, described in Attachments C and D, attached hereto and incorporated herein, to continue the public drainage, utility, access and emergency access in the area of Riverbend Court. H.In accordance with City Code Section 23-115(d), pertinent City staff, potentially affected utility companies, emergency service providers and affected property owners in the vicinity of the right-of-way have been contacted, no objection has been reported to the proposed vacation, and the City Engineer recommends approval of the right-of-way vacation. I.In accordance with City Code Section 23-115(e), the Planning Development and Transportation Director recommends approval that the Riverbend Court right-of-way be vacated. -1- J.Vacating the Riverbend Court right-of-way will not prejudice or injure the rights of the residents of Fort Collins. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City Council hereby finds and determines that the Riverbend Court right-of-way dedicated via the Prospect Industrial Park plat, more particularly described in Attachment B, is no longer needed for right-of-way purposes, except for public drainage, utility, access, and emergency access, and that it is in the public interest to vacate the same. Section 2. The City Council hereby finds and determines that public drainage, utility, access and emergency access in the area of Riverbend Court remains needed and is in the public interest, and Council hereby approves City acceptance of the easements provided in Attachments C and D. Section 3. The Riverbend Court right-of-way dedicated via the Prospect Industrial Park plat is hereby vacated, abated and abolished, provided that this vacation shall not take effect until the easements provided in Attachments C and D are accepted by the City and recorded with the Larimer County Clerk and Recorder and until this Ordinance takes effect and is recorded with the Larimer County Clerk and Recorder. Section 4. In accordance with City Code Section 23-11 S(f), title to the Riverbend Court right-of-way vacated by this ordinance shall vest in accordance with Colorado Revised Statutes Section 43-2-302. Introduced, considered favorably on first approved on second reading for final passage ATTEST: cftycie Effective Date: February 14, 2025 Approving Attorney: Heather N. Jarvis -2- � \;'o••o••••• .. SEA a,, c• ' Q"'•• c,{)11 0 _Ql.OFl,bg.,.7 ·��.·,.r• rnno::, NOlNVO .o-.oci I I -' 0 0 I () en I (!) :i: � 0 z :::, .., fil en 0 [l_ � [l_ z � [l_ w l­u5 -' ::1 l-a. " �' 81 EXHIBIT B TO ORDINANCE NO. 004, 2025 PROPERTY .DESCRIPTION A tract of land, being shown and described as Riverbend Comt on the plat of Prospect Industrial Park recorded April 25, 1979 as Book 1947 at Page 20 at Reception No. 30364 7 of the Records of Larimer County, located in the Northeast Quarter (NEl/4) of Section Twenty (20), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the North Quarter corner of said Section 20 and assuming the North line of the Northwest Quarter of said Section 20 as bearing North 89°02'00" West, as platted, a distance of 2649.40 feet and with all other bearings contained herein relative thereto; THENCE South 13°48'33" East a distance of 1642.39 feet to the Northeast comer of Lot 5 of said Prospect Industrial Park and to the beginning point of a non-tangent curve and to the POINT OF BEGINNING; THENCE along the arc of said non-tangent curve concave to the Southwest a distance of 92.31 feet, said curve bas a Radius of 636.13 feet, a Delta of 08°18'53" and is subtended by a Chord bearing South 39°57'10" East a distance of92.23 feet to the Cusp ofa Curve; THENCE along the arc of a non-tangent curve concave to the South a distance of25.19 feet, said curve has a Radius of 15.00 feet, a Delta of96°12'47" and is subtended by a Chord bearing North 83 °54'07" West a distance of22.33 feet to a Point of Tangency; THENCE South 47°59'30" West a distance of237.45 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 12.09 feet, said curve has a Radius of I 5.00 feet, a Delta of 46°11 '13" and is subtended by a Chord bearing South 24°53 '54" West a distance of I I .77 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 23 7 .69 feet, said curve has a Radius of 50.00 feet, a Delta of272°22'26" and is subtended by a Chord bearing North 42 °00'30" West a distance of 69.23 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the North a distance of 12.09 feet, said curve has a Radius of I 5.00 feet, a Delta of 46°11 '13" and is subtended by a Chord bearing North 71 °05'06" East a distance of 11.77 feet to a Point of Tangency; THENCE North 47 °59'30" East a distance of240.68 feet to a Point of Curvature; THENCE along the arc of a curve concave to the West a distance of 24. I I feet, said curve has a Radius of 15.00 feet, a Delta of92°06'06" and is subtended by a Chord bearing North 01 °56'27" East a distance of21.60 feet to the POINT OF BEGINNING. Said described parcel of land contains 23,313 Square ·Feet or 0.535 Acre, more or less(±), and is subject to any rights-of-way or other easements ofrecord or as now existing on said described parcel of land. SURVEYORS STATEMENT I, Paul 8. 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 ofmy knowledge and belief: Paul 8. Groves - Colorado Licensed Professional Land Surveyor #38209 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970)686-5011U:120240494\VAC ROW DESC.doc Page I of2 VACATED EXHIBIT E HIBIT 8 T�I'1I°· 004, 20 5 NORTHEAST QUARTER SECTION 20, T.7N., R.68W. PAGE 2 OF 2 NORll-lWEST CORNER NORll-1 QUARTER CORNER / ECTIO 20 T 7N R 68w SECTION 20, T.7N •• R.68W. \ I ;( s N ' • ., • • POINT OF COMMENCEMENT (BASIS OF BEARINGS) N89"02'0Cr'W -2649.40' � I ---��-�-'-'11. �fl)\� !'11c-:, ' � �\.. <J>'-� i\� �� LOTlf PROSPECT DVIJl/STKJAL PARK LOT7 PROSPECT INDl/STKJAL PARK Paul B. Groves -On • Colorado Licensed Professional Land Surveyor #38209 LOT.f PROSPECT /NDl/STRIAL PARK CURVE C1 C2 CJ C4 cs CG '-\ &"'o.-.-6 '- '- \ o��:.°Jf✓�'J-%, \ �:'! ._,,q,. -,0' I �'-0�0.� � WT8 PROSPECT INDl/STIUAL PARK ,,f'{,,r:.,,: � -:. .� e>,, 60" ROW \ \ \ 60 30 0 r===kd SCALE IN FEET SCALE: 1"=60' CURVE TABLE \ \ 60 LENGTH RADIUS DELTA CHORD CH BEARING 92.31' 636,13' 818'53" 92.23' S39'57'10"E 25.19' 15.00' 9612'47" 22.33' N83"54'07"W 12.09' 15.00' 45•11'13" 11.77' S24'53'54"W 237.69' 50.00' 272'22'26" 69.23' N42'00'30"W 12.09' 15.00' 4611'13" 11.77' N71'05'06"E 24.11' 15.00' 92'06'06" 21.60' N01"56'27"E 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 low you must commence any legal action based upon any defect in this survey within three years ofter 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 650 E. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-5011 I fax: (970) 686-5821 email: contact@KingSurveyors.com PROJEC T N0:20240494 DATE: 12/20/24 CLIENT: LCS BLDG CORP DWG: 20240494VACROW DRAWN:CSK CHECKED:PG EXHIBIT C TO ORDINANCE NO. 004, 2025 DEED OF DEDICATION OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned LCS Building Corporation, a Colorado nonprofit corporation ("Grantor''), being the owner of certain real property in Larimer County, Colorado legally described as provided in Exhibit "A" attached hereto and by this reference made a part hereof, 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 access, utilities, and drainage in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "B" 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 Gran tor 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] EXHIBIT C TO ORDINANCE NO. 004, 2025 Acknowledged and agreed by the undersigned, U.S. Bank Trust Company, National Association. Witness my hand and seal this L..t#Jay of December, 2024. nk Trust Company, National Association ATTE? ilk.ct. By:. ,cf4/i ' cli-Tltle: Secretary State of Cou;,R,A"DQ l ) ss County of De:)J y'G.R_ l Mike McGuire 950 17th St, DN-C0-5GCT Denver, CO 80202 -fl'1 The foregoing instrument was acknowledged before me this .JJ.:. day of December, 2024, by Mike McGuire as Vic C: p1tf :S fd:c:..vd: Witness my hand and official seal. My commission expires: .Jvvi c.. Ii , 2-02-t,., ��� JENNIFER M PEl'RUNO NOTARY PUSUC STATE OF COLORADO NOTARY ID 20144024524 MY COM"'ISSION EXPIRES 06/19/2026 EXHIBIT C TO ORDINANCE NO. 004, 2025 This Deed of Dedication is accepted by the Director of Community Development and Neighborhood Services pursuant to Section 6.2.5 of the Land Use Code of the City of Fort Collins this ___ day of ___ __, 202_. ATTEST: City Clerk Brad Buckman, City Engineer as delegee for the Director of Community Development and Neighborhood Services EXHIBIT C TO ORDINANCE NO. 004, 2025 ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 6.3.3 (C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon an examination of the records of the Clerk and Recorder of Larimer County, Colorado as of the date of execution of the deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 6.3.3(C)(3)(f) of the Land Use Code. � n�� -><' \, � orney: David P. Kunstle Address Sparks Willson, P.C. 4892-6746-3668, V. 5 24 South Weber Street, Suite 400 Colorado Springs, CO 80903 Registration No. 2871 O Date: December 20, 2024 EXHIBIT C TO ORDINANCE NO. 004, 2025 EXHIBIT A TO DEED OF DEDICATION OF EASEMENT Property Legal Description LOTS5, 6, 7, AND 8 PROSPECTINDUS1RIALPARK, ACCORDINGTO11-lEPLATRECORDED APRIL25, 1979 IN BOOK1947 ATPAGE20, COUNTY OF LARIMER, STATEOFCOLORADO 4921-5170-4585,v. 1 4921-5170-4585,v. 1 EXHIBIT C TO ORDINANCE NO. 004, 2025 EXHIBIT B TO DEED OF DEDICATION OF EASEMENT (Easement Description -Attached) EXHIBIT C TO ORDINANCE NO. 004, 2025 PUBLIC ACCESS, UTILITY & DRAINAGE EASEMENT DESCRIPTION A tract of land, being shown and described as Riverbend Court on the plat of Prospect Industrial Park recorded April 25, 1979 as Book 1947 at Page 20 at Reception No. 303647 of the Records of Larimer County, located in the Northeast Quarter ( NE 1/4) of Section Twenty (20), Township Seven North (T.7 N.), Range Sixty-eight West (R.68W.) of the Sixth Principal M eridian (6 th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the North Quarter comer of said Section 20 and assuming the North line of the Northwest Quarter of said Section 20 as bearing North 89 °02'00" West, as platted, a distance of 2649.40 feet and with all other bearings contained herein relative thereto; THENCE South 13 °48'33" East a distance of 1642.39 feet to the Northeast comer of Lot 5 of said Prospect Industrial Park and to the beginning point of a non-tangent curve and to the POINT OF BEGINNING; THENCE along the arc of said non-tangent curve concave to the Southwest a distance of92.31 feet, said curve has a Radius of 636.13 feet, a Delta of 08 °18'53" and is subtended by a Chord bearing South 39 °57' 1 0" East a distance of 92.23 feet to the Cusp of a Curve; THENCE along the arc of a non-tangent curve concave to the South a distance of25.19 feet, said curve has a Radius of 15.00 feet, a Delta of96 °12'47" and is subtended by a Chord bearing North 83 °54'07" West a distance of22 .33 feet to a Point of Tangency; THENCE South 47 °59'30" West a distance of237.45 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 12.09 feet, said curve has a Radius of 15.00 feet, a Delta of 46 °11 '13" and is subtended by a Chord bearing South 24 °53 '54" West a distance of 11.77 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the Northeast a distance of237.69 feet, said curve has a Radius of 50.00 feet, a Delta of 272 °22'26" and is subtended by a Chord bearing North 42 °00'30" West a distance of69.23 feet to a Point of Reverse Curvature; THENCE along the arc ofa curve concave to the North a distance of 12 .09 feet, said curve has a Radius of 15.00 feet, a Delta of 46 °11 '13" and is subtended by a Chord bearing North 71 °05'06" East a distance of 11 .77 feet to a Point of Tangency; THENCE North 47 °59'30" East a distance of240.68 feet to a Point of Curvature; THENCE along the arc of a curve concave to the West a distance of24. l l feet, said curve has a Radius of 15.00 feet, a Delta of92 °06'06" and is subtended by a Chord bearing North 01 °56'27" East a distance of21.60 feet to the POINT OF BEGINNING. Said described parcel of land contains 23 ,313 Square Feet or 0.535 Acre, more or less(±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYORS STATEMENT I, Paul 8. 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 ofmy knowledge and belief. Colorado Licensed Professional Land Surveyor #38209 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011 ng Surveyors U:120240494\l'UBLIC ACCESS UTILITY AND DRAINAGE DESC.doc Page I of2 PUBLIC ACCESS, UTILITY & DRAINAGE EASEMENT XHIBIT C E�iJiEJNO-004, 2 NORTHEAST QUARTER SECTION 20, T. 7N., R.68W. PAGE 2 OF 2 NORTHWEST CORNER NORTH QUARTER CORNER 20 T 7N R 68w SECTION 20, T. 7N., R.68 =-l . ' • ·• • • POINT OF COMMENCEMENT _ (BASIS OF BEARINGS) N89'02'0CY'W -2649.40' - - 1 ' ---��-�-' ul\. �fl")\� ' ,..,, .' "" '(!:),� ' "" �\� ,� ' ' \ o�}f:1}� �' I qS :,-s, .. __ ;,,.' ?, ' 1 ,uo , ,o4 -0 ,I � ��,:,./4';, '-"' .i"'_,.-.· )-·�- <r �"<? �'\ 60'/\ ROW \ LOT.5 PROSPBCF JNDUS1JUAL PAflK \ LOT6 PROSPECT INDUSTJlIAL PARK LOT7 PROSPECT lNDUSTRIAL PA/lK Paul B. Groves -On Behalf Of King Surveyors Colorado Licensed Professional land Surveyor #38209 CURVE Cl C2 CJ C4 cs C6 LOTB PROSPECT INDUSJ7(/AL PARK 60 30 0 \ \ SCALE IN FEET SCALE: 1"=60' CURVE TABLE \ 60 LENGTH RADIUS DELTA CHORD CH BEARING 92.31' 636.13' 8'18'53" 92.23' S39"57'10"E 25.19' 15.00' 96'12'47" 22.33' N83"54'07"W 12.09' 15.00' 46"11'13" 11.77' S24'53'54"W 237.69' 50.00' 272'22'26" 69.23' N42'00'30"W 12.09' 15.00' 46'11'13" 11.77' N71'05'06"E 24.tt' 15.00' 92'06'06" 21.60' N0\'56'27"£ NOTE: This exhibit drawing is not intended to be a monumented land survey. Its sole purpose is os 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 legol 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 650 E. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-501 I I fax: (970) 686-5821 email: con1act@KingSurveyors.co111 PROJECT N0:20240494 DATE: 12/13/2024 CLIENT: LCS BLDG CORP DWG:20240494PAUDE DRAWN:CSK CHECKED:PG EXHIBIT D TO ORDINANCE NO. 004, 2025 DEED OF DEDICATION OF EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned LCS Building Corporation, a Colorado nonprofit corporation ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as provided in Exhibit "A" attached hereto and by this reference made a part hereof, 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 emergency access in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "B" attached hereto and by this reference made a part hereof (the "Easement"). The City's rights under the Easement include the right of emergency vehicles and personnel to access the Easement; the right to designate the Easement as a fire lane with the enforcement of provisions required through said designation of a fire lane; and the right to cite, ticket, and/or tow vehicles and/or remove obstructions within the Easement that prevent and/or restrict the maintaining of emergency access. 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. 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 any other obstruction that would negatively impact the ability of emergency vehicles and personnel to utilize the Easement as intended, designed and approved. 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] EXHIBIT D TO ORDINANCE NO. 004, 2025 Witness our hands and seals this 'IQ. day of P-e .[ ..,., 202-r, ATTEST: By:�Oi!P C)µ5,Q-l Till �11�1/t,::N 2P�Al.1St State of�) ) ss County of�) Name and Address: .:f"--t:f::e..----C -Efl. � ?0 o 3 /4-�,9?\ ...., = c..--,� ( f2-d? "''.;? c/ rfz:.-> 0 Q--f" --f... C,s_ ) \ Pi, � 4, _ 1 .Yo 5�� The fotgoing instrument wc�nowledged before me this�ay oi[)�. 202::{_, by 1Zt1ft? . fl:S:r;, as • e!St ◊41'.f , an as Witness my hand and official seal. My commission expires: ,J��/ I/ M ., ()1)% �JL])�L oryPublic iomoko Olsen NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20'144019193 .•.,, , , )\,�Jl',0:.l!"t•J l::�l'IH.l:::> J•,lt}} ):fb EXHIBIT D TO ORDINANCE NO. 004, 2025 ATTORNEY'S CERTIFICATION I hereby certify that the forgoing Deed has been duly executed as required pursuant to Section 6.3.3 (C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon an examination of the records of the Clerk and Recorder of Larimer County, Colorado as of the date of execution of the deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 6.3.3(C)(3)(f) of the Land Use Code. 4865-3009-0484, V. 5 Attorney: David P. Kunstle Address Sparks Willson, P.C. 24 South Weber Street, Suite 400 Colorado Springs, CO 80903 Registration No. 2871 O Date: December 20, 2024 4907-8396-8521, v. 2 EXHIBIT D TO ORDINANCE NO. 004, 2025 EXHIBIT B TO DEED OF DEDICATION OF EASEMENT (Easement Description -Attached) EXHIBIT D TO ORDINANCE NO. 004, 2025 EMERGENCY ACCESS EASEMENT DESCRIPTION A tract of land, being shown and described as Riverbend Court on the plat of Prospect Industrial Park recorded April 25 , 1979 as B ook 1947 at Page 20 at Reception No. 303647 of the Records of Larimer County, located in the Northeast Quarter ( NEl/4) of Section Twenty (20), Township Seven North (T.7 N.), Range Sixty-eight West (R.68W.) of the Sixth Principal M eridian (6 th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the North Quarter corner of said Section 20 and assuming the North line of the Northwest Quarter of said Section 20 as bearing North 89 °02'00" West, as platted, a distance of 2649.40 feet and with all other bearings contained herein relative thereto; THENCE South 13 °48'33" East a distance of 1642 .39 feet to the Northeast comer of Lot 5 of said Prospect Industrial Park and to the beginning point of a non-tangent curve and to the POINT OF BEGINNING; THENCE along the arc of said non-tangent curve concave to the Southwest a distance of92.31 feet, said curve has a Radius of 636.13 feet, a Delta of 08 ° 18'53" and is subtended by a Chord bearing South 39 °57' IO" East a distance of92.23 feet to the Cusp of a Curve; THENCE along the arc of a non-tangent curve concave to the South a distance of 25.19 feet, said curve has a Radius of 15.00 feet, a Delta of96 °12'47" and is subtended by a Chord bearing North 83 °54'07" West a distance of22.33 feet to a Point of Tangency; THENCE South 47 °59'30" West a distance of237.45 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 12.09 feet, said curve has a Radius of 15.00 feet, a Delta of 46 °11' 13" and is subtended by a Chord bearing South 24 °53'54" West a distance of 11.77 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 23 7 .69 feet, said curve has a Radius of 50.00 feet, a Delta of 272 °22'26" and is subtended by a Chord bearing North 42 °00'30" West a distance of69.23 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the North a distance of 12.09 feet, said curve has a Radius of I 5.00 feet, a Delta of 46 °11' 13" and is subtended by a Chord bearing North 71 °05'06" East a distance of 11.77 feet to a Point of Tangency; THENCE North 47 °59'30" East a distance of240.68 feet to a Point of Curvature; THENCE along the arc of a curve concave to the West a distance of24. I I feet, said curve has a Radius of 15.00 feet, a Delta of92 °06'06" and is subtended by a Chord bearing North 01 °56'27" East a distance of21.60 feet to the POINT OF BEGINNING. Said described parcel of land contains 23,313 Square Feet or 0.535 Acre, more or Jess(±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYORS STATEMENT I, Paul B. Groves, a Colo'rado 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 m knowledge and belief. Colorado Licensed Professional Land Surveyor #38209 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011 U:\20240494\EMERGENCY ACCESS DESC.doc urveyors Page I of2 EMERGENCY ACCESS EASEMENT XHIBIT D �JfiJ!t{1'q_EfJO. 004, 2 25 NORTHEAST QUARTER SECTION 20, T.7N., R.68W. PAGE 2 OF 2 NORTHWEST CORNER NORTH QUARTER CORNER 20 T 7N R 68w SECTION 20, T. 7N., R.68W. \ • • ., • • POINT OF COMMENCEMENT _ (BASIS OF BEARINGS) N89·02·ooT.w - 2649.40' - - � , --\z ' w1_.,,, "-. ' ',;;,\�-' ""--�\� <P' "" �\� � ' ii,\ dl "'o. � ' I <)-fA-1'�_,�D�"' ' I <o .• "'r-.,.>,?.' I • -11'<1 � ,oq,. --" ' I ''H,-,:��� "/t,,: i� 60'/\ LOTlf PROSPECT JND[JS17UAL PARK LOTS PROSPECT JND[JS"fJUAL PARK LOT$ PROSPECT /NDOSTNIAL PARK ROW \ \ \ \ \ LOT7 PROSPECT JND[JS17UAL PARK 60 30 0 60 CURVE LENGTH C1 92.31" C2 25.19" CJ 12.09" C4 237.69" Poul 8. Groves -On Be a f King Colorado Licensed Professional C5 12.09" Land Surveyor /138209 CG 24.11" r===i=d SCALE IN FEET SCALE: 1"=60' CURVE TABLE I RADIUS DELTA CHORD CH BEARING 636.13' 8"18"5J" 92.23' SJ9"57"10"E 15.00' 9612"47" 22.JJ" N83"54"07'W 15.00" 46"11"1Y 11.77" s24·53'54•w 50.00' 272"22"26' 69.23' N42'00"30"W 15.00' 46"11"l3" 11.77' N71 ·os•o5"E 15.00' 92'06'06" 21.60" NOi "56"27"E NOTE: This exhibit drawing is not intended to be o 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 low you must commence any legal action based upon any defect in this survey within three years ofter 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 dote of the certification shown hereon. (13-80-105 C.R.S. 2012) KING SURVEYORS 650 E. Garden Drive I Windsor, Colorado 80550 phone: (970) 686-50 I I I fax: (970) 686-5821 email: contact@KingSurveyors.com PROJECT N0:20240494 DATE: 12/13/2024 CLIENT: LCS BLDG CORP DWG: 20240494EAE DRAWN:CSK CHECKED:PG