HomeMy WebLinkAbout194 - 12/02/2025 - AUTHORIZING THE CONVEYANCE OF A PERMANENT DRAINAGE EASEMENT ON MAGPIE MEANDER NATURAL AREA AND SOFTORDINANCE NO.194,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT
DRAINAGE EASEMENT ON MAGPIE MEANDER NATURAL
AREA AND SOFT GOLD PARK AND A TEMPORARY
CONSTRUCTION EASEMENT ON SOFT GOLD PARK TO
WILLOX DEVELOPMENT PARTNERS,LLC
A.The 32-acre Magpie Meander Natural Area and 17.5-acre Soft Gold Park
are located west of College Avenue between Willox Lane and Hickory Street.
B.The Willox Farm project is a proposed residential development located
immediately north of Soft Gold Park and Magpie Meander Natural Area (the “Project”).
Willox Development Partners,LLC (‘WDC”)is developing the Project.
C.WDC submitted the Development Plan for the Project in May 2022.The
Planning and Zoning Commission approved the Development Plan on March 21,2024,
and it is currently in the final stages of Final Development Plan approval.The Project will
include 62 single family residential units,a trail that will connect Willox Lane to Soft Gold
Park,and improvements to West Willox Lane.
D.The Project requires a drainage easement across both Soft Gold Park and
Magpie Meander Natural Area for stormwater conveyance and outfall into a remnant
oxbow of the Poudre River (the “Drainage Easement”)and a temporary construction
easement across Soft Gold Park for the installation of an electric line to serve the Project
and replacement and construction of trails (the “TCE”).
E.The State of Colorado is engaged in a formal rulemaking process pursuant
to HB24-1 379 to develop a regulatory process governing dredge and fill activities.WDC’s
work conducted under the Drainage Easement may be considered state-regulated dredge
and fill activity,but it is currently unknown whether those regulations will impact the
Project.The State rulemaking is expected to be completed by December 31,2025.
F.The form of the Drainage Easement with its terms and conditions is shown
in Exhibit A,attached hereto and incorporated herein by this reference.The area of the
Drainage Easement is described in Exhibit B to the Drainage Easement.Execution of the
Drainage Easement by the City is contingent upon WDC or its successor complying with
all applicable Federal,State,and local regulations,including,if applicable,any State of
Colorado regulations governing dredge and fill activities relating to the Drainage
Easement.
G.The City determined the fair market value of the Drainage Easement is
$5~249.WDC will pay the City the fair market value for the Drainage Easement,plus a
$5,000 easement application fee and $3,985 for environmental mitigation.The application
fee and mitigation fee will be paid to the Natural Areas Department to support
administrative costs and land conservation efforts.The Drainage Easement fee will be
split between the Parks Department (53%)and Natural Areas (47%)for their respective
portions of land encumbered by the Drainage Easement.
H.The form of the TCE with its terms and conditions is shown in Exhibit B,
attached hereto and incorporated herein by this reference.The area of the TCE is
described in Exhibit B to the TCE.
The City has determined the fair market value of the TCE is $4,850.WDC
will pay the City the fair market value for the TCE,plus $9,075 for the permanent electric
line alignment and $14,075 for appraiser and City staff costs.The Parks Department will
receive the entirety of costs and fees for the TCE and alignment.
J.Section 23-111(a)of the City Code authorizes the City Council to sell,
convey,or otherwise dispose of any interests in real property owned by the City,provided
the City Council first finds,by ordinance,that such sale or other disposition is in the best
interests of the City.
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 finds that granting the Drainage Easement and the
TCE on the terms and conditions described herein is in the best interests of the City.
Section 2.The City Council hereby authorizes the City Manager to execute the
Drainage Easement substantially in the form attached hereto as Exhibit A with such
modifications or 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 or effectuate the purposes of this Ordinance.The City Manager’s execution of the
Drainage Easement shall be contingent upon the City Manager’s determination that
Willox Development Partners,LLC or its successor has complied with all applicable
Federal,State,and local regulations,including,if applicable,the State of Colorado’s
regulations governing dredge and fill activities relating to the Drainage Easement.
Section 3.The City Council hereby authorizes the Mayor to execute the TCE
substantially in the form attached hereto as Exhibit B with such modifications or 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 or effectuate
the purposes of this Ordinance.
Introduced,considered favorably on first reading on November 18,2025,and
approved on second reading for final passage on December 2,2025.
ATTEST:
Effective Date:December 12,2025
Approving Attorney:Ted Hewitt
7
Exhibits:Exhibit A —Easement with Terms and Conditions
Exhibit B —Temporary Construction Easement
EXHIBIT A TO ORDINANCE NO.194,2025
EASEMENT WITH TERMS AND CONDITIONS
Soft Gold Park and Magpie Meander Natural Area
Grantor:City of Fort Collins,Colorado,a municipal corporation
Grantor Signing Authority and Title:City Manager
Grantor Mailing Address:P.O.Box 580,Fort Collins,Colorado 80522
Grantor Phone Number/Email:970-416-2245 /wflowers~fcgov.com
Grantee:Willox Development Partners,LLC
Grantee Signing Authority and Title:James Righeimer,Manager
Grantee Mailing Address:4040 MacArthur Blvd.,Ste.250,Newport Beach,
CA 92660
Grantee Phone Number/Email:(714)404-7867 /jim@rfcomsites.com
Easement Appurtenant to Grantee’s Property?0 Y C N:If yes,see Exhibit C.
Effective Date:______________________________________
Easement Improvements:30’x 350’Stormwater outfall channel and 1 6’-long underground
outlet pipeline,as shown in the Plans (also referred to herein as “Improvements”)
Consideration:$5,249.00 easement fee and $3,985.00 mitigation fee $9,234.00
Special Restoration Requirements?0 Y C N:If yes,see Exhibit D.
Exhibits [check all that apply]:
0 Exhibit A Grantor’s Property (number of pages):One (1)
0 Exhibit B Easement Area (number of pages):
0 Exhibit C Grantee’s Property (number of pages):One (I)
0 Exhibit 13 Special Restoration Requirements (number of pages):Three (3)
0 Exhibit D-1 General Resource Protection Standards (number of pages):Nine (9)
0 Exhibit E Plans (number of pages):One (1)
All checked exhibits are attached and incorporated into this Deed by reference.
This EASEMENT WITH TERMS AND CONDITIONS (the “Deed”)is made and
entered into on the Effective Date by and between Grantor and Grantee.
1.Grantor’s Property.Grantor is the owner of that certain parcel of real property located
in Larimer County,Colorado,which is legally described on Exhibit A (the “Property”or
“Grantor’s Property”).
2.Grant of Easement Consideration.For and in consideration of the covenants and
agreements herein set forth,the sum of the Consideration and other good and valuable
consideration,the receipt and adequacy of which Grantor acknowledges,Grantor grants,sells,and
conveys to Grantee,its successors and assigns,a perpetual,non-exclusive easement (the
“Easement”)on,over,under,and across the Property as described more fully on Exhibit B,(the
“Easement Area”),for the benefit of Grantee’s Property described more fully on Exhibit C,if
Easement -City Grantor Page 1 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
applicable,subject to the conditions and restrictions set forth below.The Easement includes the
right of ingress and egress to the Easement Area,and the right to install,maintain,and use gates
in all fences that cross the Easement Area now or in the future.
3.Purpose and Use of Easement.Grantee may use the Easement to install,access,operate,
maintain,repair,reconstruct,relocate,improve,enlarge,replace,inspect,and remove,at any time
and from time to time,the Easement Improvements,and for the temporary storage and staging of
materials and equipment.Grantor further grants to Grantee:
The right of ingress to and egress from the Easement Area over and across Grantor’s
Property by means of any roads and lanes thereon,or as otherwise agreed in writing
by Grantor;
The right to mark the location of the Easement Area by suitable markers set in the
round;and
o The right to install temporary fencing and gates for security and safety purposes
during construction activities.
After initial installation of the Improvements,if Grantee wishes to relocate or replace the
Improvements with any other number or type of similar improvements,either in the original location or
at any alternate location or locations within the Easement Area,such improvements must be consistent
with the intended purposes of the Easement,and Grantee must give Grantor advance notice of any change
in the type,number or location of improvements and cannot proceed until Grantor has provided its written
consent,which shall not be unreasonably withheld or delayed.
The parties agree that the Easement Improvements are accurately described in the Plans
which have been approved and accepted by each of the parties.The Plans,being the complete
plan set for the Easement Improvements,are the Exhibit E to this Conveyance,but,for purposes
of recordation and execution,only the cover page is attached hereto.
4.Grantor’s Rights in Easement Area.
A.Grantor reserves the right to use the Easement Area for purposes that will not
interfere with Grantee’s full enjoyment of the rights granted herein,including but
not limited to Grantor’s right to operate or allow others to operate utility
improvements within the Easement Areas.
B.Grantor may plant or maintain permanent trees,shrubs or other plant material in
the Easement Area provided that no such plantings may be planted directly over
the Grantee’s Improvements.Grantor may install or utilize signs or paths over the
Easement Area,and may pave,surface in some other manner,or otherwise
improve the Easement Area as Grantor desires.Additionally,Grantor may install
permanent buildings or structures over the Easement Area;however,Grantor
agrees to remove such structures at its expense if reasonably required for Grantee’s
access to the Easement Area,and to assume all risk,repair,and maintenance if
any damage occurs to these permanent buildings and/or structures as a result of
Grantee’s reasonable use of or activities over or within the Easement Area.
EasementS City Grantor Page 2 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
5.Grantee’s Obligations Regarding Easement Areas.
A.All activities by the Grantee on the Easement Area,including access across
Grantor’s Property,must be carried out in a manner and on a schedule reasonably
expected to minimize disturbance to the natural features of said property,any
improvements thereon,and the Grantor’s intended purposes therefore.Access shall
be limited to the reasonable means necessary to provide access to the Easement
Area,and Grantee shall,to the extent reasonably practicable,use existing streets,
roads,or other similar facilities,including any Grantee owned property interests
adjoining the Easement Area,to avoid any unnecessary disruption of Grantor’s use
and possession of the Property.Access does not permit Grantee to use,occupy,or
traverse any portion of the Property not included within the Easement Area by
means of any heavy machinery,equipment,or vehicles,provided that Grantee may
seek to acquire a temporary construction easement from Grantor to allow the same.
B.Grantee must maintain its Improvements in an entirely secure,safe and sanitary
condition,and repair the Improvements as necessary to ensure the Improvements
do not cause injury or damage to persons or property.
C.Grantee shall notify Grantor a minimum of one business day prior to pcrforming
any construction,maintenance,repair,or other work on or within the Easement
Area and shall in advance of any non-emergency work submit a construction plan
and schedule to Grantor for approval,which approval shall not be unreasonably
delayed or withheld.Grantee may seek to acquire a temporary construction
easement from Grantor if working on Grantor’s Property outside of the Easement
Area.Notwithstanding these notification requirements,in cases of emergency
repair,Grantee shall notil&Grantor of the emergency and provide related
construction plans and schedules as soon as reasonably practicable.
D.In the event damage occurs from Grantee’s use of or activities over or within the
Easement Area or on Grantor’s Property,including but not limited to the
installation,maintenance,or operation of the Improvements within the Easement
Area,Grantee agrees to make such repairs or take such other action as may be
necessary to restore the Easement Area and Grantor’s Property to a condition
comparable to their condition prior to Grantee’s activities in the Easement Area,
including but not limited to the reseeding and replanting of any disturbed areas in
a maimer reasonably satisfactory to the Grantor,and the provision of ongoing
maintenance of any seeded or planted areas,correction of any subsidence,and
restoration of any other improvements or conditions impacted by Grantee’s
activities,until such time as any such repair and restoration is fully established and
stabilized.If applicable,Grantee shall comply with the special restoration
requirements on Exhibit D.
6.Maintenance of the Easement Area.
A.Grantor will maintain the surface of the Easement Area (except for the Easement
Easement -City Grantor Page 3 of 26
Form Version 2022
EXHIBITATO ORDINANCE NO.194,2025
Improvements)in a sanitary condition in compliance with any applicable weed,
nuisance or other legal requirements;however,Grantor is not responsible for any
conditions directly caused by Grantee’s use and occupancy of the Easement Area.
B.Grantor will not deposit,or permit,or allow to be deposited,earth,rubbish,debris,
or any other substance or material,whether combustible or noncombustible,
on the Easement Area.
7.As-Built Drawings.Grantee will provide Grantor with as-built drawings accurately
depicting the location and nature of the Improvements constructed within the Easement Area no
later than thirty (30)days following completion of the Improvements,and no later than thirty (30)
days following a change in the type,number or location of the Improvements,as described in
Section 3.
8.Representations of Grantor.Grantor makes no representations or warranties as to lawful
ownership of Grantor’s Property.
9.Recordation.Grantee will record this Deed in the records of the Larimer County Clerk
and Recorder and furnish evidence of such recording to Grantor.This Deed will not be valid
until it is recorded.If this Deed has not been recorded with the Larimer County Clerk and
Recorder within ninety (90)days of the Effective Date,then this Deed will be null and void and
have no force and effect whatsoever,and the parties will be relieved of any remaining obligations
hereunder as of the date of such termination.
10.Abandonment.Should Grantee fail to construct the Improvements within five (5)years
from the date of this Deed,or should Grantee permanently discontinue maintaining and using the
Improvements within the Easement Area for a period of five (5)years,this shall constitute an
abandonment of the Easement,the Improvements and Grantee’s rights under this Deed,and the
Easement shall automatically terminate,and Grantee shall,at its own sole cost and expense,
remove all Improvements from the Easement Area,provided that Grantee shall consult with
Grantor in advance of any such removal,and Grantor shall be entitled to require Grantee to leave
some or all such Improvements in place.If Grantee removes the Improvements from the
Easement Area,Grantee shall carry out such removal consistent with the requirements set forth
in Section 5 and restore the Easement Area,at its sole cost and expense,to a condition comparable
to its condition just prior to Grantee’s removal activities.Grantee shall then execute and record
a termination or quitclaim to Grantor of the Easement.
11.Indemnity and Insurance.
A.Grantee agrees to release and,unless Grantee is a governmental entity,indemnif~’
Grantor,its officers,agents,employees,representatives,successors and assigns
from and against all claims that may accrue to Grantee for personal injury,death
or property damage resulting from or arising out of Grantee’s use of the Easement
Area or other activities on Grantor’s Property.To the extent permitted by law,
and without waiving any of the provision so the Colorado Governmental
Immunity Act,Grantee assumes responsibility,as between Grantor and Grantee,
Easement -City Grantor Page 4 of 26
Form Version 2022
EXHIBITATO ORDINANCE NO.194,2025
for any liability to third parties arising out of Grantee’s use of the Easement Area
or other activities on Grantor’s Property,including but not limited to the
construction,installation,operation,repair,and maintenance of improvements
within the Easement Area,and for any actions or omissions by Grantee in violation
of this Deed.
B.Grantee shall procure,pay for,and keep in fill force and effect during the term of
this Deed a comprehensive policy of general liability insurance covering the
improvements and insuring Grantee in an amount not less than One Million
dollars ($1,000,000.00)covering bodily injury,including death to persons,
personal injury,and property damage liability arising out of a single occurrence.
Such coverage must include,without limitation,the insured’s liability for property
damage,bodily injuries,and death of persons in connection with Grantee’s
activities in the Easement Area or on Grantor’s Property,the operation,
maintenance,or use of the Improvements (including acts or omissions of Grantee
or of its officers,employees,or agents),and protection against liability for non-
owned and hired automobiles.Such coverage must also include coverage for such
other risks as are customarily required by private institutional mortgage lenders
with regard to property similar in construction,location,and use as the
Improvements.All policies of insurance requircd hereunder must name Grantor
as an additional insured and shall contain a provision that the policy or policies
cannot be canceled or materially altered either by the insured or the insurance
company until fifteen (15)days’prior written notice thereof is given to Grantor.
Upon issuance or renewal of any such insurance policy,Grantee shall furnish a
certificate of insurance to Grantor.In the event Grantee fails or neglects to
maintain,or require its contractor to procure and maintain,as applicable,the
insurance required by this paragraph,then Grantor shall have the right,upon
giving Grantee reasonable notice of its election to do so,to take out and maintain
such insurance at the expense of Grantee,and in such event the cost of such
insurance shall be paid for by Grantee promptly upon receipt of an invoicc
covering such charges.
12.Notices.Any notice or other communication relating to this Deed must be in writing and
shall be deemed given (i)when delivered personally,or (ii)on the first business day which is
three (3)days following mailing by certified mail,electronic mail,return receipt requested and
postage prepaid,or (iii)the next business day after sending by a nationally recognized overnight
delivery service,and addressed to the party at its respective address on the first page of this Deed.
13.Default,Remedies and Litigation Expenses.If a party to this Deed is in default in
performance of its respective obligations hereunder,the other party has the right to an action for
specific performance or damages or both.Prior to proceeding with any such action,the party not
in default must first send written notice to the defaulting party specifying the default and affording
such party a reasonable period to cure the default.In the event a party defaults in any of its
covenants or obligations and the party not in default commences and substantially prevails in any
legal or equitable action against the defaulting party,the defaulting party expressly agrees to pay
all reasonable expenses of the litigation,including a reasonable sum for attorneys’fees or similar
Easement -City Grantor Page 5 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
costs of legal representation.
14.Assignment.Grantee may not assign its rights under this Deed without the prior written
consent of Grantor.
15.Additional Terms and Conditions.Whenever used herein,the singular number includes
the plural,the plural the singular,and the use of any gender is applicable to all genders.All the
covenants herein contained are binding upon and inure to the benefit of the parties hereto,their
personal representatives,successors,and assigns.This Deed is to be construed and enforced
according to the laws of Colorado,and venue in any proceeding related to this Deed shall be in
Larimer County,Colorado.If any term of this Deed is determined by any court to be
unenforceable,the other terms of this Deed shall nonetheless remain in fhll force and effect;
provided,however,that if the severance of any such provision materially alters the rights or
obligations of the parties,the parties shall engage in good faith negotiations in order to adopt
mutually agreeable amendments to this Deed as may be necessary to restore the parties as closely
as possible to the initially agreed upon relative rights and obligations.
16.Authority.Each person executing this Deed represents and warrants that he or she is
dulyauthorized to execute this Deed in his or her individual or representative capacity as
indicated.
IN WITNESS WHEREOF,Grantee has hereunder set its hand and seal the day and year
written below;and Grantor has caused this Deed to be executed by its City Manager attested
to by its City Clerk,and its corporate seal to be hereunto affixed,all pursuant to
Ordinance No.2025,passed on final reading by the City Council of the City of
Fort Collins on the ______day of ,2025.
[Signatures on following pagesj
Easement -City Grantor
Form Version 2022
Page 6 of 26
EXHIBITATO ORDINANCE NO.194,2025
GRANTOR:
THE CITY OF FORT COLLINS,COLORADO
a municipal corporation
Date City Manager
ATTEST:
City Clerk
(Printed name)
APPROVED AS TO FORM:
Assistant City Attorney
(Printed name)
Easement -City Grantor Page 7 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
ACCEPTED BY GRANTEE:
Willox Development Partners,LLC
Date James Righeimer,Manager
Easement -City Grantor Page 8 of 26
Form Version 2022
EXHIBIT A
Legal Description of the Property
24.3129 acres,more or less,located in the North Half (N 2)of Section 2,Township 7 North,
Range 69 West,6th P.M.,Larimer County,Colorado,being more particularly described as Lot I
of Lakewood Estates Mobile Home Park,City of Fort Collins,County of Larimer,State of
Colorado,which was conveyed by Mike G.Ligeros to The City of Fort Collins,Colorado,by
Warranty Deed dated February 28,1995,recorded at Reception No.19950012453,Office of the
Clerk and Recorder,Larimer County,Colorado.
Also known as 500 Hickory St.,Fort Collins,CO 80524;Parcel Number:9702205901
L
EXHIBIT A TO ORDINANCE NO.194,2025
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Page 9 of 26Easement-City Grantor
Form Version 2022
EXHIBITATO ORDINANCE NO.194,2025
EXHIBIT B
Legal Description and Depiction of the Easement Area
DESCRIPTION
A parcel of lano being a portion of Lot 1 t.ak.wood Estate.Noble Home Park.retarded a.Beak 1538 Page 575 of
the Records at Lrn,.r County and s ojate within the North HaS &Section 2,Tcwn,hç 7 North Range 59 Weit of the
6th PM.City efFort ColItis County of Lanmer,Stat.of Colorado being more partcijlady feinted as folows
Considering the North hi.of the Southeast Quarter of the Northwest Quarter o’Seoton 2 as bearmg North 80’It 46’
Wesiwithd,e Center-EasI.No.thwesl I?64th cornerbelng a 3’.’akxnlnwn capon *Sr.barstrped IS 39106 and
the Center.North I 16th crier being .2 W thinlnum cap on #6 rebar and withal bearings contained herein relative
themto
BEGINNING aith.C.ni.r-East.Northwest IIMth corner of Season 2 said point bn,g the Northwest earner of Lot I
Lakewood Estates Noble Home Park
THENCE along the North cold..Southeast Quarnr of the Northwest Quartet of Section 2 also being ide North me
of Lot I.Lakewood Estate.NoNe Home Park South 89’194$’East a distance of4000 feet
THENCE departing said North line South 00’5022 Wesia distance o90 00 feet;
ThENCE North 89’19 46’West.a distance of 0.00 FeeL
THENCE South 00’59’fl~West a distance of 34000 feet
THENCE Nord.80’10 30’West,a distance of *000 feet to die West km.of Lot I,Lakev.oad Estates Noble Home
Park
THENCE along said West Is,..North 00’60 2~’East.a distance of 350 00 feet to the POINT OF BEGINNING
The aboye’descsted parcel of land contains 0600 square feet or 0243 arres more or less :1
Nay be sitj.ct to easements nghts.cl-way.covenants and restrictions of record
EsNb I ittadired hereto and made a part hereo’
SURVEYOR’S CERTiFICATE
I Robert C Tessely.a Colorado Registered Professional Land Surveyor do hereby certify that this pitoperty
denrptcn was prepared under my personal supeMsion xsd citecking,that it Is rue and correct to the bat of
my knowledge informaton and belief and sin accordance with applicable standards of practice mis is not a
guaranty or warranty ether esipressed or tiskef (4 CCR 730.1
Robert C Tesiely
Colorado Professional Land Surveyor No 38470
For and on behalf c’Efl Group Inc.
EPS GROUP INC
301 Norm Horses Sweet,Suite ‘00
Port C ris,Colorado 80521
9 0 22 4158
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Easement -City Grantor
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Page 10 of26
EXHIBIT A TO ORDINANCE NO.194,2025
EXHIBIT U continued
Legal Description and Depiction of the Easement Area
EXHIBIT
A PARCEL OF LAND BBNG A PORTION OF LOT 1,LAKEWOOD ESTATES MOBILE HOME
PARK.LOCATED IN THE THE NORTh HALF OF SECTION 2,TOWNSHIP?NORTH,RANGE 6
WEST OF THE 6th P.M.,CITY OF FORT COLUNS,COUNTY OF LAKIMER,STATE OF
COLORADO
Easement -City Grantor
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Page II of26
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Form Version 2022
EXHIBITATO ORDINANCE NO.194,2025
Exhibit C
Legal Description and Depiction of Grantee’s Property
A tract o land situate n t e Northeast ‘I.of the Northwest V.of Section 2.Township 7 North.Range 69
West of the 6”M w ich considering the North line of the Northeast V.of said Northwest V.as bearing
N 89 degrees 5809 E and with all bearings contained within relative thereto,is contained within the
boundary ines which begin at a point on the East ne of the Northeast ‘/~of sari Northwest ~which
bears S 00 degrees 0408”E 320.80 feet from the North V.corner of said Section 2 an run hence a ong
said East line,S00 degrees 0408:E 96~74 feet to the center-North 1/16 corner of said Section 2
thence along the South line o the Northeast V.of said Northwest ‘/.S 89 degrees 5350 W 662 52 feet,
thence departing said South line,N 00 degrees Q5’3C W 592.81 ‘cet,thence S 89 degrees 5350’W
100.00 feet thence NOD degrees 0534W 370.00 feet;thence N 89 deg ees 5350”E.10000 feet;
thence N 00 degrees 0534 W 323.56 feet to a point on the North line .f the Nortneast ‘I.of sad
Northwest ‘I.thence along said North line N 89 degrees 5809’E 482 05 f-t’thence depal ng sad
North I ne S00 degrees 04’08 E 320.80 feet thence N 89 degrees 5809 F 181 00 feet to ihe Pont of
Beg nning
County of Lar rner,
State of Co orado
L
Grantee’s ~pe~
L9I~1T:
.1 ±L~J:
______L
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Easement -City Grantor
Foim Version 2022
Page 12 ofZ6
EXHIBITATO ORDINANCE NO.194,2025
Exhibit D
Special Restoration/Mitigation and Monitoring Requirements
All Grantee’s activities on the Easement Areas,and any access across the Property,must be carried
out in a manner and on a schedule reasonably expected to minimize disturbance to the natural features of
the Property and the Grantor’s use thereof.If damage results from the maintenance,operation or presence
of the Facilities,or Grantee’s activities on the Easement Areas or elsewhere on the Property,Grantee will
make such repairs or take such other action as may be necessary to restore the Property to a condition
reasonably comparable to its prior condition,including without limitation the provision of ongoing
maintenance of any seeded or planted areas,correction of any subsidence,and restoration of any other
improvements or conditions impacted by Grantee’s activities,until such time as any such repair and
restoration is fully established and stabilized.Such restoration shall be completed in accordance with the
Grantor’s then-current specifications for comparable work on City of Fort Collins natural areas.For the
purpose of the initial installation of the Facilities,Grantee agrees to rely on the Grantor’s applicable
Resource Protection Standards (RPS)to specify current standards for activities undertaken in City of Fort
Collins Natural Areas,a copy of which is attached as Exhibit “0-1”and incorporated herein by reference.
The parties acknowledge that sensitive vegetation,habitat or other natural conditions may require special
effort by Grantee to protect,restore,or replace in the event they are disturbed by Grantee’s activities.
Following final grading and initial seeding of the Easement Areas after initial reconstruction of the
Facilities,Grantee must seek the issuance of a Certificate of Conditional Acceptance from the Grantor.
Upon such issuance,the Grantor will assume responsibility for ongoing vegetation management,including
weed control,mowing,and reseeding,as needed,in areas disturbed by said reconstruction and seeded in
accordance with RPS and the provisions of this Agreement.The current one-time charge for the Grantor
to assume and perform said vegetation management for initial installation of the Improvements is $3,985.00
per acre of disturbance.The Grantor may from time to time,at its sole discretion,revise this estimated cost
to reflect then current estimates for vegetation management costs,and such updated estimate will be the
applicable charge for vegetation management in connection with future disturbance of the Easement Area,
if any.In accordance with this requirement,Grantee will compensate the Grantor in the amount of
$3,985.00,due upon the Grantor’s issuance of a Certificate of Conditional Acceptance for the final grading
and initial seeding.This one-time vegetation management cost is in addition to the consideration stated
above for the conveyance of the Easements.
Grantee will from time to time consult with the Grantor to ascertain applicable standards for
identification of wildlife species and wildlife habitat on the Property,and,except for emergencies shall
conform its maintenance and other activities on the Easement Areas to the then current City of Fort Collins
standards for identification and protection of the same.Grantee is responsible for obtaining from the
Grantor’s Natural Areas Department any permits required by the City Code for wildlife monitoring
activities.
Easement -City Grantor Page 13 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
Exhibit U continued
Special Restoration/Mitigation and Monitoring Requirements
Willox Farm —Tufted Loosestrife Monitoring Plan
Goals
I.To assess baseline conditions of waterfiow,water quality,and tufted loosestrife (TL Lysimachia
Lhyrs~ora)population and habitat preferences prior to development.
2.To monitor changes to waterfiow,water quality,and monitor TL population changes post
construction.
Ouestions
Determine Baseline Conditions
1.What is typical waterfiow and water quality in Magpie Meander pre-construction?
2.What is TL’s distribution and abundance pre-construction?
3.What is TL’s relationship to resource conditions,including water quality,water level,and
distance to water during the summer season?
Monitoring Post-construction Changes
1.Does the waterfiow and water quality in Magpie Meander post-construction significantly differ
from pre-construction conditions?
2.Is the TL population diminished in distribution and/or abundance in the three years post
construction within the provided polygons representing TL occurrence (hereafter,‘IL occurrence
polygons”)?If so,to what extent is the TL population diminished?
3.Has the prevalence/distribution of Typha angustifolia,Typha latifolia,Phalaris arundinacea,and
Cirsium arvense increased in the three years post construction within TL occurrence polygons?If
so,to what extent has the prevalence/distribution of Typha angustzjblia,Typha latjf’blia,Phalaris
arundinacea,and Cirsiurn arvense increased?
Methods
TL Population Assessment
•Pre-construction:Between 15 July 31 August,record the location of each individual TL plant
within TL occurrence polygons.If only a single individual plant is observed,document as a point.
if two or more individuals are observed within 1 meter or each other (or otherwise visibly
forming a patch or cluster),document as a polygon and provide a count of individuals within that
polygon.Record the number of TL individuals which are flowering.
•Post-construction:For three years following construction,annually document TL populations as
directed immediately above in the Pre-construction TL Population Assessment description.
Assess the mean annual percent change in TL polygon size or number of individuals between pre
construction data and each year of post-construction data.
Establishing Habitat Preferences
•Pre-construction:Measure distance to water (for individuals/polygons rooted in soil)or depth of
water (for individuals/polygons located in standing water).For polygons,measure and report
range of water depth at 10 locations within each polygon or range of distances to water for
individuals within a polygon.
•Develop polygons representing occurrence of Typha angust~fo1ia,Typha lat Volta,Phalaris
arundinacea,and Cirsiurn arvense within the TL occurrence polygons.if only a single individual
Easement -City Grantor Page 14 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
plant is observed,document as a point.If two or more individuals are observed within one meter
of each other (or otherwise visibly forming a patch or cluster),document as a polygon and
provide a count of individuals within that polygon.
•Post-construction:For each of three years post-construction,record each individual of Typha
angustifoha,Typha lot !folia,Phalaris arundinacea,and Cirsiun;an’ense within the provided
polygons representing TL occurrence.If only a single individual plant is observed,document as a
point.If two or more individuals are observed within one meter of each other (or otherwise
visibly forming a patch or cluster),document as a polygon and provide a count of individuals
within that polygon.Document troublesome species as described directly above during the pre
construction phase of the project.Assess whether polygon size or number of individuals of Typha
angusr~o1ia,Typha lat(folia,Phalaris arundinacea,and Cirsiuni arvense has changed in the three
years post-construction.
Water quality
•Pre-construction:Measure salinity,CaCO3,pH,alkalinity,nitrogen and phosphorus three times
at each of the three provided water sampling locations,between 15 July 31 August and when
water is present in the outfall.If possible,conduct monitoring within 24 hours of a large rain
event.Please associate the sampling location with each water sample taken and processed.
•Post-construction:Each year for three years post-construction,measure salinity,CaCO3,p1-I,
alkalinity,nitrogen and phosphorus three times at each of the three provided water sampling
locations,between 15 July 31 August and when water is present in the outfall.Assess mean
changes in salinity,CaCO3,p1-I,alkalinity,nitrogen and phosphorus between the pre-construction
data and the three years post-construction for each water sampling location.
•Retain a qualified enviromuental professional (approved by the City)to perform the monitoring
and lab analysis.
Water Level
•Pre-and Post-Construction:Install staff (depth)gauge and benchmark,at the water sampling
location within the TL occurrence polygon.Record water depth a minimum of 3 times annually
between 31 March —31 August,within 24 hours of rain event.
•Assess changes in mean water depth between pre-construction values and each of the three ycars
post-construction.
•if a >50_year flood event occurs during the three years post-construction,the Contractor shall,
within one week,determine the high-water mark (e.g.,through debris lines,sediment deposits,or
gauge data)and,where possible,estimate the duration of elevated flows to assess potential
impacts to TL habitat.In addition,the Contractor shall assess and document evidence of soil
scouring or surface erosion,particularly signs of bare or exposed mineral soil,sediment
displacement,or uprooted vegetation within TL occurrence polygons.
Easement -City Grantor Page 15 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
Tirneline
Exhibit U continued
Special Restoration/Mitigation and Monitoring Requirements
Willox Farm —Tufted Loosestrife Monitoring Plan
Parameter/Task
Year Stage Population/Habitat Water Quality Water Level
Recruitment
Install
benchmark and
Mid-staff
Mid-Summer Summer 3x (15 July—31 gauge/Collect 3
measurements1—2026 Pre-(15 July —31 (15 July —August)when water is
Baseline con August)31
August)present (31
March—31
August)
Collect 3Mid-measurements
Mid-Summer Summer 3x (15 July—31 when water isPost-2—2027 (15 July —31 (15 July —August)present (31conAugust)31 March —3 1
August)August)
Collect 3Mid-measurements
Mid-Summer Summer 3x (15 July—31 when water isPost3—2028 (15 July —31 (15 July—August)present (31conAugust)31 March —31
August)August)
Collect 3Mid-measurements
Mid-Summer Summer 3x (15 July—31 when waler isPost4—2029 (15 July —31 (15 July —August)present (31eonAugust)31 March —3 1
August)August)
Pam’responsible for data collection
Willox Farms
Reportinø requirements
Provide annual report to lhe City by December 31st each year.
Easement -City Grantor
Form Version 2022
Page 16 of26
EXHIBITATO ORDINANCE NO.194,2025
Exhibit D-I
General Resource Protection Standards
Updated March 2020
Introduction
This document lists the various resource protection standards that may be required as conditions of
granting an easement,license to enter,or right-of-way (collectively referred to in this document as
“easements”)on City Natural Areas and other conserved lands,in order to protect or restore natural
resource values.These measures are consistent with the requirements in the City Land Use Code for
Ecological Characterization Studies and for Resource Protection associated with development projects.
The measures will be evaluated for each easement request and applied as needed,depending on the site
location,characteristics of the site,and on the nature of the easement.
The applicable resource protection standards will be specifically included in the terms of the easement
agreement.They must also be included as notes on the approved construction plans for the easement
request.The easement holder (“Grantee”)must provide these standards to all contractors who will be
doing work for the Grantee within the easement area.The City may also attach some or all of these
requirements as an addendum to the Grantee’s Development Agreement,if applicable.
These resource protection standards are current as of March 2020.They may be updated from time to
time by the Natural Areas Department based on new information about the resources of the City’s natural
areas or on new information about best management practices.Applicants must contact the Natural
Resources Department for a current list of standards.
The Grantee is responsible for completing,or requiring all its contractors and sub-contractors to complete,
each of the following conditions that the City determines is applicable to the Grantee’s project:
Plans and Permits
Prior to starting any construction on the Project:
1.Submit final plans to the City and ensure that they have been approved and signed on behalf of
the City.Confirm that all permanent and temporary easements have been approved by City
Council and that the easement documents have been signed by both parties and recorded at the
County Clerk’s Office.Plans must include:I ‘-2’contours;property lines with adjoining property
ownership shown;all wetlands;streams;ditches;riparian areas;prairie dog colonies;raptor nests
and raptor nests buffer zones;all existing and proposed man-made structures;all existing utilities;
all needed easements for access,construction staging areas,and construction (limits of
disturbance);construction plans and profiles;restoration plans;and general notes stating all
construction and restoration requirements.
2.Obtain a City Excavation Permit.
3.Perform field investigations and surveys to determine the presence and location of sensitive plants
or animal species and geological or archeological features.
4.Develop an erosion control plan.This plan must comply with the City’s S:or,n Drainage Design
Criteria and Construction Standards.Ensure that the erosion control plan has been approved and
signed by the City.
5.Contact the Corps of Engneers to obtain a 404 permit and/or clearance of the project.Submit two
Easement -City Grantor Page 17 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
copies of the permit,or the letter of clearance from the Corps,to the City.
6.Conduct a Preble’s meadow jumping mouse survey according to U.S.Fish and
Wildlife Service guidelines.Submit two copies of the report and letter of clearance
from the U.S.Fish and Wildlife Service to the City.
7.Conduct a Ute ladies’tresses orchid survey according to U.S.Fish and Wildlife Service
guidelines.Submit two copies of the report and letter of clearance from the U.S.Fish and Wildlife
Service to the City.
Construction Coordination and Proect Acce tance
8.Arrange for the City’s designated representative to attend the pre-construction meeting to meet
the contractors,discuss the importance of the resource protection requirements,discuss and
approve the construction schedule and establish lines of communication to be used during
construction.
9.Maintain ongoing communication with the City’s representative during construction to
communicate progress,changes in schedule,problems,and periodic inspections.
10.Once the project has been completed,arrange for the City’s representative to inspect the project
site to verify that the project was completed,and the site restored according to the applicable
plans and agreements.Once the City accepts the restoration work,the City will generally take
over the vegetation maintenance,per the specific terms of the easement agreement.
11.Provide the City with Drawings of Record within sixty (60)days after the completion of the
improvements.
Wildlife
12.Raptors:Survey the site to determine if any of the following species are present and check with
the City for information on possible nesting,feeding or roosting sites.
a.All construction falling within raptor nest buffer zones will adhere to construction
requirements for these zones.
lx If the site is used as a winter feeding area by large birds of prey,construction cannot take
place from October 15 through March 15 to avoid disturbing feeding eagles and large
hawks,unless otherwise directed by the City.
c.If a bald eagle and/or ferruginous hawk winter night roost is located near the proposed
easement,construction cannot take place from October 15 through March 15 to avoid
disturbing night-roosting eagles and/or hawks.
d.If a Swainson’s hawk nest is located near the proposed easement,construction cannot take
place from April 1 through July 15 to avoid disrupting the nesting cycle of the hawk.
e.If a red-tailed hawk nest is located near the proposed easement,construction cannot take
place from March 1 through July 15 to avoid disrupting the nesting cycle of the hawk.
Easement -City Grantor Page 18 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
f.If burrowing owls are nesting within 330 feet of the limits of development,construction
cannot take place from April 1 through August 1 to avoid disrupting the nesting cycle of
the owls.
13.If construction will be taking place in or through an area that contains or may contain prairie
dogs,either relocate the prairie dogs or fumigate the burrows immediately prior to any grading.
Relocation of Prairie dogs between February 1 and August 1 is not permitted.Burrowing owl
survey required prior to fumigation.Proof of prairie dog eradication required prior to grading.
14.Perform the wildlife surveys described below,notify the City of the survey results and obtain
approval of construction schedule prior to starting construction.These surveys may be done
several months prior to construction,but if done more than 30 days prior to construction they
must be performed again within 30 days prior to the start of construction to veri~’results.
a.The site may contain den sites for red foxes.Conduct surveys to determine if any foxes are
denning within 100 feet of the limits of development.If foxes are found to be denning
within 100 feet,then construction cannot take place during the normal denning and pup-
rearing season (February 1 through October I).
b.The site may contain den sites for coyotes.Conduct surveys to determine if any coyotes
are denning within 300 feet of the limits of development.If coyotes are found to be
denning within 300 feet,then construction cannot take place during the normal denning and
pup-rearing season (February I through October 1).
c.The site may contain den sites for badgers.Conduct surveys to determine if any badgers
are denning within 300 feet of the limits of development.If badgers are found to be
denning within 300 feet,then construction cannot take place during the normal denning and
young-rearing season (January 1 through August 1).
Plants
15.The site may contain plant species listed as rare in Colorado.If a rare plant is discovered prior
to or during construction activities,notify the City.The City may,in its discretion,require the
Grantee to remove all such plants within the limits of disturbance prior to construction,keep
plants alive and replant after construction is completed,or the City may salvage existing plants
and shrubs for transplanting to other sites.
16.The site may contain native shrubs and/or trees that may be within the limits of development.
Any native shrubs/trees removed to allow construction or damaged during construction must be
replaced or mitigated as approved by city staff and detailed in the mitigation plan.
Structures
17.Remove,store,protect and replace any man-made structures (e.g.,kiosks,raptor perch poles,
prairie dog barriers and fencing)within the limits of disturbance.
18.Repair any damage to concrete bike trails,fences,parking lots,or any other improvements
caused directly or indirectly by the construction.Repair replace improvements immediately to
Easement -City Grantor Page 19 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.1941 2025
current City standards,including matching the color of the concrete.
Field Demarcation
19.Install orange construction fencing to mark the easement limits (limits of disturbance)on the
site.Do not begin any construction activities until the City’s representative has approved the
fence location.
20.Post temporary signs informing the public that this is the Grantee’s project and indicating the
purpose of the project and the Grantee’s phone number.Signs must be posted at the locations
designated by the City.
Erosion Control
21.Have erosion control measures in place and approved by a City representative prior to any
construction.
22.Obtain erosion control and dc-watering permits as necessary.
Grading/Construction
23.Required documentation that equipment has been washed/disinfected prior to arriving on site to
prevent the spread of noxious species.
24.For areas with native vegetation,strip topsoil in all areas of excavation to a depth of 8 inches
and stockpile separately.Wetland and upland soils must be stockpiled separately from each
other.Place the topsoil in an 8-inch layer on top of the subsoil in the corresponding zone
immediately following the completion of construction.
25.For areas with non-native vegetation,strip the top 2 inches of topsoil from the entire
construction easement area and remove the topsoil from the site to remove the non-native
vegetation seed source.Then strip 8 inches of topsoil from the area to be excavated and
stockpile separately.Wetland and upland soils must be stockpiled separately from each other.
Place the topsoil in an 8-inch layer on top of the subsoil in the corresponding zone immediately
following the completion of construction.
26.Maintain a safe work area and protect the safety and welfare of Grantee’s employees,
contractors or subcontractors,and the general public,including without limitation providing
barricades and safety fences around excavations and drop-offs left open at the end of a workday.
Safety precautions must be in compliance with all applicable laws,rules and regulations.
27.Compact backfill in trenches to 95%Standard Proctor Density.Test the compacted soils at 100’
intervals horizontally and 2’intervals vertically within the area of excavation to ensure that this
requirement has been met.Submit to the City all laboratory Proctor density results,and a copy
of all field compaction tests.After compaction to final subgrade (8”below finished grade),the
top 6 inches of subsoil must be ripped (no more than 20”between intervals),and the previously
stripped and stockpiled topsoil materials spread evenly over the excavated areas.Soils in
backfilled,compacted,topsoil trenches must match the grade of the surrounding undisturbed
areas.
Easement -City Grantor Page 20 of 26
Form Version 2022
EXHIBITATO ORDINANCE NO.194,2025
28.Set all manhole covers,valve lids,vaults,etc.below or flush with the finished topsoil surface.If
any improvements are approved for construction above the final grade,they must be painted
with a color approved by the City.
29.Remove the upper sections of all existing manholes to be abandoned and fill the holes with soil.
This soil must be compacted to 950c Standard Proctor Density to prevent settlement.
30.Remove the upper sections of all existing manholes to be retained,but that are not flush with the
finished topsoil surface and rebuild to be flush with the topsoil surface.
31.Bring to grade (match surrounding topography)all settled and eroded areas along the existing
pipeline,if any,to be abandoned during construction of the new pipeline.Repair any settlement
that occurs over the existing pipeline or new pipelines after completion and acceptance of the
project by the City.Any necessary repairs must be conducted in a manner and at a time directed
by the City.Repaired areas must be restored as per restoration requirements outlined in this
document or in the easement agreement.
32.Areas within the limits of disturbance that have been driven over,compacted or rutted by
equipment must be scarified to a depth of 8”(not to exceed 10”between intervals),and
regraded to original grade and contours.
33.Meet with the City’s representative to discuss and get approval of the final grading and the
seeding/mulching process prior to reseeding.Seed all disturbed and topsoiled areas with a seed
mix of native species specified by the City.The seed must be drilled into the soil an appropriate
depth for the species in the mix and existing conditions,using a range drill (not a Brillion).
Immediately following seeding,roll the seeded areas with a sheep’s foot roller to lightly
compact and imprint the soil.This removes air voids,provides better seed-soil contact and
provides indentions in the soil that will capture moisture.All seeded areas must then be
hydromulehed in accordance with the City’s Storm Drainage Design Criteria and C~onstruction
Standards.Following final grading and initial seeding of the Construction Easement Area and
acceptance by the City,the City will be responsible for ongoing restoration management,
including weed control,mowing,and reseeding,as needed,in areas disturbed and seeded in
accordance with this paragraph.The cost for the City to perform restoration management over
the next five to ten years is calculated to be three thousand nine hundred eighty-five dollars
($3,985.00)per acre of disturbance,or $3,985 for disturbed areas less than 1-acre,based on
grassland/shrubland cover types.Restoration management fees will be determined on a case-by-
case basis for other cover types.
Any requirements listed above that are not completed in a timely manner may be corrected by the City at
the Grantee’s expense.The City will bill the Grantee for the cost of the correction plus management
costs.
Easement -City Grantor Page 21 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
Standards and Guidelines for Restoration
Updated March 2020
PART 1 -GENERAL
1.1 DESCRIPTION
This section covers the requirements for the revegetation of utility easements on City Natural Areas and
Open Lands.This includes but is not necessarily limited to upland and wetland soil stockpiling,
preparation,and placement,soil amendments,seeding,mulching,sediment and erosion control fabrics,
watering and initial care,and final inspection and acceptance by the City.This section addresses all areas
disturbed during the work shown or indicated in the executed utility easement documents and approved
project plans.
1.2 PROJECT MONITORING
The recipient of the utility easement (Grantee)shall notify the Natural Areas Department (NAD)at least
three (3)working days prior to the commencement of any work.NAD will monitor the progress of the
work throughout.NAD will also,at its discretion,collect samples during construction of seed,soil
additives,water,or any other materials it deems necessary to ensure specifications are met.
1.3 SUBMITIEALS
General -The Grantee shall be required to submit statements of guarantee and/or certifications from
vendors who supply seed,mulches,tackifiers,and any soil amendments or other materials utilized on the
project.These submittals are detailed in Part 2 Materials.
Required Soils Testing The Grantee shall,if requested by NAD,sample project soils and submit them
for analysis to a qualified soil testing laboratory prior to the start of any seeding operations.As least one
soil sample per project soil type must be collected.The location of soil samples shall be jointly
determined by the Grantee and NAD.Soil Samples shall be analyzed for the following minimum
parameters:
I.pH
2.~o Organic Matter
3.Texture (actual °o sand,silt,clay,not an estimate)
4.CEC (Contaminants of Emerging Concern)
5.Nitrate,Phosphorous,Potassium,Zinc,Iron,Copper,and Manganese (results in ppm)
The laboratory shall be informed of the species proposed to be planted and the general nature of the
project.Based on this information,the laboratory shall provide written recommendations for soil
amendments.This report shall be submitted to NAD,where it will be reviewed and approved or modified
prior to any soil preparation or seeding.
1.4 GRANTEE’S SITE RESPONSIBILITIES
It shall be the responsibility of the Grantee to locate and protect all utilities,structures,roadways,
parking areas,fences,survey markers,existing vegetation (e.g.trees),etc.on all work sites.Any damage
caused by the Grantee or their subcontractors shall be immediately repaired or corrected by the Grantee
at no expense to the City of Fort Collins.
1.5 CLEANING
All work sites shall be kept clean and free from all debris.At the conclusion of work,the Grantee shall
remove and haul from the site all excess materials,debris,and equipment.Any damage
Easement -City Grantor Page 22 of 26
Form Version 2022
EXHIBITATO ORDINANCE NO.194,2025
(e.g.damaged fencing,damaged road surfaces,excessive tire furrows,mud tracked onto pavement,etc.)
resulting from the Grantee’s activities shall be repaired by the Grantee to the satisfaction of NAD at no
expense to the City of Fort Collins.
1.6 INSPECTION;ACCEPTANCE
Initial inspection —The Grantee shall give the NAD three (3)working days written notice prior to the
beginning of any revegetation work.The Grantee and NAD will inspect the site and verify that all utility
work has been completed in accordance with specifications,including but not limited to backfill and
compaction,final site grading,replacement of topsoil,removal of all construction materials,and site
cleanup.When this has been verified,NAD will notify the Grantee in writing that revegetation work
may begin.
Conditional Acceptance -When work has been completed on the project or on any portion or phase of
the project designated in the documents and plans,the Grantee and NAD shall inspect the site together
and determine whether or not the work is complete and has been done in accordance with easement
documents and specifications.If mutual agreement cannot be reached on these issues,the
determinations made by NAD shall be final.Deficiencies in the work,if any,shall be noted and a
checklist of these deficiencies given to the Grantee by NAD.The Grantee shall immediately correct any
deficiencies listed on the checklist.When all checklist items are completed to the satisfaction of NAD,
NAD shall issue a Certificate of Conditional Acceptance.
Final Inspection &Final Approval-The Grantee shall pay the City of Fort Collins Natural Area
Department a lump sum of $3,985 per acre disturbed,or $3,985 for disturbances less than I-acre,prior
to signing and recording the easement.Once the initial restoration is completed the Grantee is issued a
conditional letter of acceptance as defined above,the City will assume maintenance responsibility for
the revegetated area.This acceptance DOES NOT relieve the Grantee from the warranty of the work as
defined below in (he Warranty paragraph.
Warranty -The Grantee shall warrant all seeded areas against defective materials and workmanship for
two growing seasons from the date of Conditional Acceptance.At any time during the warranty period,
NAD may order any samples collected at the time of seeding to be tested for purity,weed content,
species present,etc.The Grantee shall be responsible for the cost of these tests.The Grantee shall
rework and reseed (in accordance with the provisions in the original project specifications)any areas
that are dead,diseased,contain too many weedy species,or in the opinion of NAD are in an unhealthy
condition as a result of defective materials or workmanship,at no cost to the City.Any and all reseeding
or other remedial measures required shall be completed within ten days of notification by NAD.
PART 2.MATERIALS
2.1 GENERAL
All materials used shall be new and without flaws or defects of any type and shall be the best of their
class and kind.All materials furnished shall be free of noxious weeds as defined in Article Ill,Section
20-41 of the Code of the City of Fort Collins,including but not limited to Russian Knapweed,Canada
Thistle,Field Bindweed,Johnsongrass,Leafy Spurge,and Kochia.Any materials which have become
wet,moldy,or otherwise damaged in transit or in storage will not be used.
All materials shall be furnished in original manufacturers shipping bags or containers and remain in
these bags or containers until they are used.All materials shall be stored in a manner which will prevent
contact with precipitation,surface water,or any other contaminating substance.
Easement -City Grantor Page 23 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
2.2 SEED
The seed mix will be specified by NAD.All seed shall be mixed by a wholesale seed supplier in the
proportions determined by NAD in order to obtain the application rate specified by WAD.All seed shall
conform to all current State and Federal regulations and will be subject to the testing provisions of the
Association of Official Seed Analysis.All seed and seed mixes shall be furnished in bags or containers
clearly labeled to show the name and address of the supplier,the common,scientific,and variety
name(s)of the seed(s),the lot number,point of origin,net weight,percent of weed content,and the
guaranteed percentage of purity and germination.
These labels shall be submitted to NAD for approval prior to seeding.The Grantee shall furnish to
NAD a signed statement certifying that the seed furnished is from a lot that has been tested by a
recognized laboratory for seed testing within six months prior to the date of delivery.
2.3 FERTILIZER
Fertilizers are not permitted.
2.4 MULCH
General -The type of mulching material to be used shall be designated by NAD.
Hay or Straw Mulch -All hay or straw mulch shall be grass hay or straw.At least seventy-five (1S°c)
percent of the mulch by weight shall be ten (10”)inches or more in length.Mulch shall not contain any
noxious weed,must,mold,cake,or decay.All mulch must be certified,copies of certification to be
submitted to NAD for approval prior to transport to the construction site.
Native Grass Hay Mulch At least seventy-five (75%)of the mulch by weight shall be ten (10”)inches
or more in length.Native grass hay mulch shall be certified,copies of the certification to be submitted to
NAD for approval prior to transport to the construction site.
Hydraulic Mulch -Hydromulch material shall consist of at least ninety (9O°o)percent virgin wood
cellulose fiber and be free of any substance or factor which might inhibit germination or growth of grass
seed.The wood cellulose fibers shall have the property of becoming evenly dispersed and suspended
when agitated in water.Hydraulic mulch shall be clean and shall not contain the seeds of noxious weeds
or unspecified grasses.It shall be dyed a color to allow visual metering of its application.When sprayed
uniformly on the surface of the soil,the fibers shall from a blotter-like ground cover which readily
absorbs water and allows infiltration to the underlying soil.Weight specifications for hydraulic mulch
from suppliers and for all applications shall refer only to air dry weight of the fiber,a standard
equivalent to ten (10%)percent moisture.The hydraulic mulch material shall be supplied in packages
having a gross weight not in excess of one hundred (100 lbs.)pounds and shall be marked by the
manufacturer to show the air-dry weight content.
The Grantee shall obtain and submit to the project manager certifications from suppliers of hydraulic
mulch that laboratory and field testing of their product has been accomplished,and that it meets all the
foregoing requirements pertaining to wood cellulose fiber mulch.
2.5 ORGANIC TACKIFIER/BINDER
Tackifier,if needed for hydro mulching operations,shall be approved by NAD prior to its use.Tackifier
shall be an approved commercial grade product (such as “M-Binder’from Ecology Controls,P.O.Box
1275,Carpinteria,CA 93013)suitable for use with virgin wood cellulose fiber mulch.Any tackifier
Easement -City Grantor Page 24 of 26
Form Version 2022
EXHIBITATO ORDINANCE NO.194,2025
shall be a non-toxic,non-corrosive,all organic powder which forms a resilient,re-wetable membrane
when combined with wood fiber mulches and water.Tackifier materials shall be furnished in original
manufacturer’s bags or containers clearly labeled to show the name and address of the supplier,and the
material chemical contents.Labels and certificates shall be submitted to NAD
2.6 EROSION CONTROL NETTING,BLANKETS,MATS,FABRICS
Erosion control blankets,mats,or other commercial products for stabilizing land disturbed areas may be
required in certain areas.If so,the type,manufacturer,and installation method for these products will be
specified by NAD.
2.7 WATER
All water used on projects under this Contract shall be free of any substances harmful to plant
germination and growth,or to the environment in general.The Grantee shall be responsible for
furnishing and applying water which meets these requirements.NAD may,at the Grantee’s expense,
submit samples of water used on any project for laboratory analysis (of a reasonable number and kind)
to ensure the quality of the water.
Easement -City Grantor Page 25 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.194,2025
EXHIBIT E
Plans
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Easement -City Grantor
Form Version 2022
Page 26 of 26
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EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID:2A1 D22A7-926C-4AF4-865F-C73F08A77538
TEMPORARY CONSTRUCTION EASEMENT
(City Property-DeveLopment Review)
Grantor:City of Fort Collins,Colorado,a municipal corporation
Grantor Signing Authority and Title:Jenni Arndt.Mayor
Grantor Mailing Address:C/U Real Estate Services,PU.Box 580,Fort Collins,CU 80522
Grantor Phone Number/Email:(970)221-6211 /RealEstateServices fc ov.com
Grantee:Willox Development Partners,LLC,a Colorado limited liability company
Grantee Signing Authority and Title:James Righeirner,Manager
Grantee Mailing Address:1510 Larimer Ridge Pkwy.Timnath,CU 80547
Grantee Phone Number/Email:970-532-5891 kristin tbgroup.us
Project:Utilities and other Infrastructure Improvements to be installed by Grantee pursuant to the
approved plans (the “Plans”)and specifications set forth in the Final Development Plan
FDP240005 and associated documents,including any amendments thereto
Effective Date:Upon Grantor’s issuance of a Development Construction Pennit for the Project,
but no later than twelve (12)months after the date of mutual execution of this TCE
Expiration Date:Une (I)year after the Effective Date,subject to (lie extension and revival
permissions provided herein
Consideration:$28,000,being $9,075 (Alignment)+$4,850 (TCE)$14,075 (Expenses)
Exhibit A Larger Parcel Description:I page
Exhibit B —TCE Area Legal Description:3 pages
Exhibit B —TCE Area Depiction:3 pages
This TEMPORARY CONSTRUCTION EASEMENT (the “TCE”)is made and entered
into by and between Grantor and Grantee on the dates written below,and the above referenced
Exhibits A through C are attached hereto and made a part of this TCE.
1.Grantor’s Property.Grantor is the owner of that certain parcel of real property located in
Larimer County,Colorado,which is legally described on Exhibit A (the “Larger Parcel”).
2.Grant of Easement.For and in consideration of the covenants and agreements herein set
forth,the sum of the Consideration,and other good and valuable consideration,the receipt and
adequacy of which Grantor acknowledges,Grantor grants,sells,and conveys to Grantee,its
agents,contractors,successors,and assigns,a temporary construction easement (the “Easement”)
on,over,under,and across that certain portion of the Larger Parcel described more fully on
Exhibit B and depicted on Exhibit C (the “TCE Area”),subject to the conditions and restrictions
set forth below.
Temporary Consiruction Easement Cily Grantor (Dcvelopmeni Review)
Form Version 2023
TcE-Page 1 of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID:2A1 D22A7-926C4AF4-865F-C73F08A77538
Purpose and Use of Easement.
A.During the term of this TCE,Grantee may use the TCE Area for the following
temporary activities related to the Project:
•Construction activities;
•Marking the location of the TCE Area by suitable markers set in the ground;
•Storage and staging of materials and equipmenl;
•Fencing and gates for security and safety purposes;
•Ingress and egress to the construction site;
•The right to use existing gates in all fences which now cross or shall hereafter cross
the TCE Area;and
•Restoration activities in accordance with this TCE.
B.Grantee’s use of the Easement is subject to the following:
•Grantee may only access the TCE Area from any adjoining public right of way or
other legal access point,and Grantee has no right of ingress and egress across any
portion of the Larger Parcel not included in the TCE Area;
•If Grantor’s main access to the Larger Parcel is located within the TCE Area,
Grantee must allow for Grantor’s reasonable access to the Larger Parcel;
•All activities by Grantee on the TCE Area must be carried out in a manner and on
a schedule reasonably expected to minimize disturbance to the natural features of
said property and Grantor’s intended purposes and uses therefor;
•Grantee shall protect all trees located on the Larger Parcel from any damage by
Grantee’s construction activities,except as otherwise authorized in the Plans;
•Trees that need to be replaced due to construction related activities are to be born
solely by Grantee and per assigned mitigation values as detern~ined by City
Forester,as provided for in the Plans.
•Grantee shall restore the TCE Area in accordance with Section 6 below and in
accordance with the Plans;
•Any damage to Parks’irrigation infrastructure shall be repaired or replaced by
Grantee at no cost to the City at the direction of the Grantor’s Parks Department.
•Grantee shall have no right to install,maintain,or use new gates in any fences,
unless it obtains the prior written consent of Grantor;
•Grantee shall provide Grantor notice of the date it intends to commence
construction operations for the Project,insofar as said operations pertain to the TCE
Area,at least seven (7)calendar days prior to such date,and Grantee shall
coordinate such work in the TCE Area with Grantor;
•All activities by Grantee within the TCE Area must be carried out in a secure and
sanitary manner and to prevent injury or damage to persons or property;
•Grantee shall provide Grantor notice of any accident,emergency,or other
dangerous or hazardous occurrence within one calendar day of such occurrence and
Grantee must make best efforts to correct or mitigate any such occurrence as soon
as practicably possible;and
Temporary Consinction Easement City Grantor (Development Review)
Form Version 2025
TCE-Page 2 of 14
EXHIBIT B TO ORDINANCE NO.194.2025
Docusign Envelope ID:2A1 D22A7-926C4AF4-865F-C73FfJSA77538
•Grantee shall not be permitted to enter any portion of any building located within
the TCE Area without obtaining the prior written consent of Grantor.
4.Grantor’s Rights in the TCE Area.Grantor reserves the right to use the TCE Area for any
purposes that will not interfere with Grantee’s full enjoyment of the rights granted herein.
including but not limited to the following:
•To operate or allow others to operate utility improvements within the TCE Area;
•To grant to third parties the right to use the TCE Area;
•To plant and maintain trees,shrubs,or other Landscaping;and
•To install and/or utilize other improvements.
5.Maintenance of the TCE Area.During the term of this TCE,the Grantee will maintain the
surface of the TCE Area,specifically limited to any conditions directly caused by Grantee’s use
and occupancy of the TCE Area or conditions reasonably within Grantee’s control.Grantee will
not deposit,or permit,or allow to be deposited any hazardous or combustible substance or material
within the TCE Area.
6.Restoration of TCE Area.
A.Prior to the Expiration Date,Grantee,in accordance with the requirements of this
Section 6 and the requirements of the Plans,will make such repairs or take such other
action as may be necessary to restore the TCE Area to a condition comparable to its
condition as of the Effective Date (the “Construction Repairs”).including but not
limited to the reseeding and rcplanting of any disturbed areas,correction of any
subsidence,and restoration of any other improvements or conditions impacted by
Grantee’s activities.
B.The patties acknowledge that the infrastructure improvements set forth in the Plans
shall be considered part of the Construction Repairs and are authorized alterations to
the Larger Parcel.
C.The Grantee agrees to provide to Grantor a two-year maintenance guarantee and a two-
year repair guarantee covering the design,construction,and maintenance of the
Construction Repairs (the “Construction Guarantees”).The Construction Guarantees
shall commence upon the date of the City’s final approval and acceptance of the
Construction Repairs,which shall be in writing (the “Final Approval”).Subject to the
foregoing,the ownership of the Construction Repairs shall pass to Grantor upon Final
Approval.
D.If the Grantee is required by Grantor to perform work pursuant to the Restoration
Guarantees after the automatic expiration of this TCE (the “Additional Work”),the
terms and provisions of this TCE shall govern,and this TCE shall be revived for the
limited purpose of Grantee’s completion of the Additional Work.Any rights granted
under this Paragraph 6(D)shall automatically expire upon Final Approval.
Temporury Conslmction Easement City Grantor (Developineni Review)
Fonii Version-2025
TCE-Page 3~t 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID:2A1 D22A7-926C-4AF4-865F-C73F08A77538
U.The parties agree that the Plans may contain more specific details regarding (he
Construction Repairs,and that the Plans shall control in the event of a conflict between
this TCE and the Plans,insofar as they pertain to the specific requirements of Grantee.
7.Temt
A.This TCE will commence on the Effective Date and will automatically terminate thirty
(30)days after final completion of the Project,but in no event later than the Expiration
Date.However,Grantee may unilaterally terminate this TCE prior to the Expiration
Date by providing written notice to Grantor.
B.Grantee shall have the unilateral option to extend the Expiration Date of this TCE for
an additional twelve (12)months (the “Extended Expiration Date”),by providing
Grantor wntten notice thereof and consideration therefore at least fifteen (15)days
prior to the Expiration Date.The consideration due and payable for this extension of
the Expiration Date shall be four thousand eight hundred fifty dollars ($4,850).
C.Other than the potential extension tinder Section 6(D)or the potential extension tip to
the Extended Expiration Date under Section 7(8),no additional extension of this TCE
term shall be effective unless an amendment hereto is executed by both parties.
8.No Recordation.The parties agree that this TCE shall not be recorded by either party.
9.Authority.Each person executing this TCE represents and warrants that he or she is duly
authorized to execute this TCE in his or her individual or representative capacity as indicated.
10.Representations of Grantor.Grantor makes no representations or warranties as to the lawful
ownership of the Larger Parcel,and Grantee assumes responsibility for all due diligence related to
this transaction.
11.Indemnity and Insurance.
A.Grantee agrees to release and,unless Grantee is a governmental entity,indemnify
Grantor,its officers,agents,employees,representatives,successors,and assigns from
and against all claims that may accrue to Grantee for personal injury,death,or property
damage resulting from or arising out of the Grantee’s use of the TCE Area or other
activities on the Larger Parcel.To the extent permitted by law,and without waiving
any of the provision so the Colorado Governmental immunity Act,Grantee assumes
responsibility,as between Grantor and Grantee,for any liability to third parties arising
out of Grantee’s use of the Easement Area or other activities on Grantor’s Larger
Parcel,including but not limited to the construction,installation,operation,repair,and
maintenance of improvements within the Easement Area,and for any actions or
omissions by Grantee in violation of this Conveyance.
B.Grantee shall procure,pay for,and keep in full force and effect during the term of the
TCE a comprehensive policy of general liability insurance insuring Grantee in an
Temporary ConstrucGon Easement Cily (inmior (Development Review)
Fonn version.2025
TCE-Page 4 of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID:2A1 D22A7-926C-4AF4.865F-C73F08A77535
amount not less than One Million Dollars ($1,000,000.00)covering bodily injury,
including death to persons,personal injury,and property damage liability arising out
of a single occurrence.Such coverage must include,without limitation,the insured’s
liability for property damage,bodily injuries,and death of persons in connection with
Grantee’s activities in the TCE Area or on Grantor’s property (including acts or
omissions of Grantee or of its officers,employees,or agents),and protection against
liability for non-owned and hired automobiles.
C.All policies of insurance required hereunder must name Grantor as an additional
insured and shall conlain a provision that the policy or policies cannot be canceled or
materially altered either by the insured or the insurance company until fifteen (15)days’
prior written notice thereof is given to Grantor.Upon issuance or renewal of any such
insurance policy,Grantee shall furnish a certificate of insurance to Grantor.
D.in the event Grantee fails or neglects to maintain,or require its contractor to procure
and maintain,as applicable,the insurance required by this paragraph,then Grantor shall
have the right,upon giving the Grantee reasonable notice of its election to do so,to
take out and maintain such insurance at the expense of the Grantee,and in such event
the cost of such insurance shall be paid for by the Grantee promptly upon receipt of an
invoice covering such charges.
12.Notice.
A.Any notice or other communication relating to this TCE must be in writing and shall
be deemed given upon actual receipt at the physical or electronic mailing addresses set
forth above,which may be amended by providing written notice to the other party.
B Grantee shall provide written notice to Grantor at least fifteen (15)days prior to the
commencement of any construction operations in the TCE Area,including any
Additional Work to be performed pursuant to this TCE.
13.Default.Remedies and Litigation Expenses.If a party to this ICE is in default in
performance of its respective obligations hereunder,the other party has the right to an action for
specific performance and/or damages.Prior to proceeding with any such action,the party not in
default must first send written notice to the defaulting party speci~ing the default and affording
such party a reasonable period to cure the default.
14.Assignment.The Grantee may not assign its rights under this ICE without the prior written
consent of the acting Director of the Parks Department of the City of Fort Collins,Colorado.
Assignment of this TCE shall not relieve the Grantee of its obligations under this TCb.and the
Grantee shall remain jointly and severally liable for the Grantee’s performance required by this
TCE.
15.Additional Terms and Conditions.Whenever used herein,the singular number includes
the plural,the plural the singular,and the use of any gender is applicable to all genders.All of the
covenants herein contained are binding upon and inure to the benefit of the parties hereto,their
agents,contractors,successors,and assigns.The parties agree that this ICE is to be construed and
Temporary Constmetion Easement City Grantor (Development Review)
Form version.2025
TCE-Page 5 of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID:2A1 D22A7-926C-4AF4-565F-C73F08A77538
enforced according to the laws of Colorado,and venue for any proceeding relating to the subject
matter of this TCE shall be in Larimer County,Colorado.If any term of this TCE is determined
by any court to be unenforceable,the other terms of this TCE shall nonetheless remain in full force
and effect;provided,however,that if the severance of any such provision materially alters the
rights or obligations of the parties,the parties shall engage in good faith negotiations in order to
adopt mutually agreeable amendments to this TCE as may be necessary to restore the panics as
closely as possible to the initially agreed upon relative rights and obligations.
16.Final Agreement.This TCE represents the entire understanding and agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all previous oral
and written representations,understandings,and agreements between the parties pertaining to the
subject matter of this TCE.
IN WITNESS WHEREOF,the parties have set their hands and seals on the date(s)written
below,bitt this TCE shall be effective as of the Effective Date,subject to the final passage of an
Ordinance by the City Council of the City of Fort Collins,Colorado.
[Signatures on the following page(c)J
Temporary Construclion Easemeni City Grantor (Development Review)
Foni,Version ‘025
TCE-Page 6 of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID 2A1 D22A7-926C-4AF4465F.C73F08A77538
GRANTOR:
City of Fort Collins,Colorado
Date:_____________________By:
Jeni Arndt,Mayor
ATTEST:
(Print Name,Title)
APPROVED AS TO FORM:
Assistant City Attorney
(Print Name,Title)
Temporary Constmction Easement
Fonn Version -2025
GRANTEE:
Willox Development Partners,LLC
By:
City Grantor (Development Review)
OatoSIgMd by
3zsits ri$uiwtr
—O2S3E4GFEA5D4FDJamesRigheimer,Manager
Date:11/4/2025
TCE-Page 7 of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID 2A1 D22A7-9260-4AF4-865F-C73F08A77538
Exhibit A
Larger Parcel Description
(Page 1 of 1)
Lar2er Parcel Description:
24.3129 acres,more or less,located in the N 2 of Section 2,T7N,R69W,601 PM,Larimer County,
Colorado,being more particularly described as Lot I of Lakewood Estates Mobile Borne Park,
recorded at Book 1638,Page 616,Clerk and Recorder’s Records,Larimer County,Colorado.
Location Address:
520 Hickory Si
fort Collins,CO 80524
Assessor Parcel Number:
9702205901
Map:
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TCE-Page 8 of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID:2A1D22A1-9250’4AF4’865F’C73F08A77538
Exhibit B
TCE Area Legal Description
(Page I of 3)
DESCRIPTION
A parcel of land being a porflon of Lot I,Lakewood Estates Mobile Home Park,recorded as Book 1638.Page 616 of
the Records of Larimer County and situate within the North Halt of Section 2,Township 7 North.Range 69 of the 6th
P.M..City of Fort Collins.County of Larimer,State of Colorado,being more particularly described as follows;
Considering the north line of the Southeast Quarter of the Northwest Quarter at Seclion 2 as bearing North 89 19’45’
West with the Center.East.Northwest 11541h corner being a 3’‘aluminum capon #6 rebar stamped LS 38106 and
the Center-North 1116th corner being a 2 ½”alum num cap on #6 rebar and with all bearings contained herein relative
thereto:
BEGINNING at the Center-North l/lS~’corner of Section 2,saId point being on the north line of Lot I.Lakewood
Estates Mobile Home Park.said point being POINT OF BEGINNING 1;
THENCE South 08 09’29”East,a distance of 7.89 feet;
THENCE along the arc ala curve lathe right,a distance 0169.02 feet,said curve has a radius of 261.42 feet.a delta
of 15 07’36”and is subtended by a chord bearing South 87°3955”East,a distance of 68.82 teet;
THENCE along the arc of a curve to the right,a distance of 55.04 feet,said curve has a radius of 60.44 feet,a delta of
52’1009’and s subtended by achord bearing South 54 0102’East ad stance of 53.15 feet;
THENCE North 33 29’42’East,a distance of 11,62 feel;
THENCE South 56°30’18’East,ad stance of 1825 feet
THENCE South 33°29’42’West,a distance of 15.98 feet;
THENCE along the arc of a curve to the left,a distance of 48.66 feet,said curve has a radius of 131.84 feet.a delta of
21 0841’and is subtended by a chord bearing South 37°47’26’West,a distance of 48.38 feet;
THENCE along the arc of a curve to the left,a distance of 128.40 feet.said curve has a radius of 149.73 feet,a delta
at 49 07’50’and is subtended by a chord bearing South 02°3911’West,a distance of 124.50 feet;
THENCE along the arc of a curve to the right,a distance of 13459 feel,said curve has a radius of 217.00 loot,a delta
of 35 32’16’and is subtended by a chord bearing Soul h 04 08’36’East,a distance of 132.45 teet;
THENCE South 13°3732’West,a distance of 54.99 teet;THENCE South 02°01’55”East.a distance of 41.58 feel;
THENCE North 89 5658”East,a distance of 54.85 feet THENCE South 00 03’02’East,a distance of 827.80 feet;
THENC North 90 0000”East,a distance ot 10.82 teet THENCE South 01 0123’West,a distance of 16.75 feet
THENCE North 89 20’01”West,a distance of 3051 feet
THENCE North 00 03’02”West,a distance of 824.17 feet;
THENCE South 89°56’58’West,a distance 0145.96 feet;
THENCE along the arc of a curve to the left,a distance of 90.58 feet.said curve has a radius of 439.00 feel,a delta of
11 49’20”and is subtended by a chord bearing South 01 04’15”East.a distance of 90.42 feet;
THENCE South 81 5329’West,a distance of 20.00 feet;
THENCE along the arc of a curve to the right,a distance of 9 13 feet,said curve has a radius of 45900 feet,a delta ot
01 08’23”and is subtended by a chord bearing North 06 2740°West,a distance of 9.13 feef;
THENCE along the arc of a curve to fhe right,a distance of 49.56 feet,said curve has a radius of 45.00 feet.a delta
of 63°06’20’and Is subtended by a chord bearing North 02 5702’West ad stance of 47.10 feet;
THENCE along the arc of a curve 10 fhe right,a distance of 101 28 feet,said curve has a rad us of 459.00 feel,a
delta of 12 38’34’and is subtended by a chord bearing North 06 18 41”East ad stance of 101 08 feet
THENCE North 02°0155”West,a distance of 186.65 feet;
THENCE North 21 09’10’West,a distance of 10.00 feet;
THENCE along the arc of a curve 10 the left,a distance of 35.01 feet,said curve has a radius of 60.32 feet,a delta of
33 15 Il’and is subtended by a chord bearing North 66’21’52’West,a distance 0134.52 feet;
THENCE along the arc of a curve to the left,a distance of 25.32 feet.said curve has a radius of 102.46 feet,a delta of
14 09’22’and Is subtended by a chord bearing South 89’21’32’West,a distance of 25.25 feet;
THENCE along the arc of a curve to the left,a distance of 60.89 feet.said curve has a radius of 209.50 feet,a delta of
16 3915’and is subtended by a chord bearing South 67’52’55”West,a distance of 60.68 feel;
THENCE South 60 33’30’West,a distance of 39.01 feet;
THENCE along the arc of a curve to the right,a distance of 38.73 feet,said curve has a radius of 116.00 feet,a delta
of 19 07’41 ajid is subtended by a chord beating South 70’07’21”West,a distance 0138 55 feet’
THENCE South 79’4111’West,a distance of 74.53 feet;
THENCE along the arc ala curve to the left,a distance of 74.47 feet,said curve has a radius of 219.52 feet.a delta of
19’2614”and is subtended by a chord bearing South 69°00’48”West,a distance of 74.12 feet;
THENCE along the arc ala curve to the left,a distance of 28.45 feet,said curve has a radius of 213.14 feet,a delta of
07°38’54”and is subtended by a chord bearing South 57’14’16”West,a distance of 28.43 feet;
THENCE along the arc of a curve to the left,a distance of 58.84 feet,said curve has a radius of 235.49 feel,a delta of
14°19’00’and is subtended by a chord bearing Soul h 46’1520’West,a distance of 58.69 feef;
THENCE along the arc of a curve to the left,a distance 0138.13 feet.said curve has a radius of 287.63 feet,a delta of
07°3546”and is subtended by a chord bearing South 35°17’57”West,a distance of 38.10 feet;
THENCE along the arc of a curve to the left,a distance of 49.27 feet.said curve has a radius of 129.56 feet,a delta of
21 4723’and is subtended by a chord bearing South 20 36’23’West,ad stance of 48.97 feet
PROJECT CLiENT THIS EXHIBIT IS NOT A
Ii IT IS MEANT TO AID IN THE
I Sheet ~E P S 987.012 CAPRI cOI.oRAoo LLC MONuMENTED LAND SURVEY.
DATE 5ECT10N’TWP’RGE VISUALIZATION OF THE
C RD U p 11/04125 S2’T7N’R69W ACCOMPANYING WRITTENDESCRIPTION.THE WRITTEN[Of 6Sheets ,ins .ç,g.s..p,,.,e,DRAWN BY.REViEW BY DESCRIPTION StJPERCEDES THEANAC0L0~D0 L.SMITH R.TESSELY EXH B T DRAWING.
S’~Survey Job,~gs7.o12~owg\Exhibi,s~9a7-a12 TMpc ExHIBiT dwg TCC Page 9 of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docuslgn Envelope ID:2AlD22A7.926C~4AF4.865F.C73FOaA1753a
DESCRIPTION
THENCE along the arc of a curve to the left,a distance of 44.65 feet,said curve has a radius of 396.50 feet,a
delta of 06 27’05”and is subtended by a chord bearing South 06°2909”West,a distance of 44.62 feet;
THENCE along the arc of a curve to the 1011,a distance of 51.62 feet,said curve has a radius ol 122.99 feet,a
delta of 24 02’46’and is subtended by a chord bearing South 08°4547”East,a distance of 51.24 feel;
HENCE along the arc of a curve to the left,a distance of 21.21 feet,said curve has a radius of 203.96 feet,a
delta of 05 5733”and is subtended by a chord bearing South 23°4556”East,a distance of 21.20 feet;
THENC along the arc of a curve to the left a distance of 46 01 feet,said curve has a radius of 426.27 feet.a
delta of 06’11 04 and is subtended by a chord bearing South 29 50’15”East,a distance of 45.99 feet;
THENCE along the arc of a curve to the left,a distance of 42.92 feet,said curve has a radius of 1077.98 feet,a
delta of 02°16’52”and is subtended by a chord bearing South 34 04’13”East,a distance of 42.92 feet;
THENCE along the arc of a curve 10 the right,a distance of 64.14 feet,said curve has a radius of 352.57 feel,a
delta of 10 25’26”and is subtended by a chord bearing South 29 5956”East,a distance of 64,06 feet;
THENCE along the arc of a curve to the right,a distance of 54 17 feet,said curve has a radus of 193.40 feet,a
delta of 16’02 58”and is subtended by a chord bearing South 16 4544”East a distance of 5400 feet;
THENCE along the arc of a curve to the right,a distance of 70.90 feet,said curve has a tad us of 514.64 feet a
delta of 07 53 35”and is subtended by a chord beanng South 04 47’27’East,a distance of 70 84 feet,
THENCE South 00 5040”East,a distance of 55.68 feet;
THENCE South 02 16’34”West ad stance of 13.37 feet’
THENCE South 80 5327”West,ad stance of 16.10 feet;
THENCE North 13’14’26”West.a distance of 15.54 feet;
THENCE North 00’50’40”West,a distance of 56.17 leet;
THENCE along the arc of a curve to the left,a distance of 68.14 feet,said curve has a radius of 494.64 feet,a
delta of 07’5335”and is subtended by a chord bearing North 04’4727’Wesi,a distance of 68.09 feet;
THENCE along the arc of a curve to the left,a distance 0148.57 feet.said curve has a radius of 173.40 feet,a
delta of 16’02’58”and is subtended by a chord bearing North 16°4544”West,a distance of 48.41 feet;
THENCE along the arc of a curve to the left a distance of 60.51 feet,said curve has a radius cf 332.57 feet,a
delta of 10’25’26”and is subtended by a chord bearing North 29’5956”West,a distance of 60.42 feet;
THENCE along the arc of a curve to the right,a distance of 43.72 feet,said curve has a radius of 1097,98 feet,a
delta of 02’16’52”and is subtended by a chord bearing North 34 04’13”West,a distance of 43.71 feet;
THENCE along the arc of a curve Lathe right,a distance of 48.17 feet,said curve has a radius of 446.27 feet,a
delta of 06’1104”and is subtended by a chord bearing North 29’50’15”West,a distance of 48.15 feet;
THENCE along the arc of a curve to the right.a distance of 23.29 feet,said curve has a radius of 223.96 feet,a
delta of 05’5733’and is subtended by a chord bearing North 23’45’56”West.a distance of 23.28 feel;
THENCE along the arc of a curve to the right,a distance of 60.01 feet,said curve has a radius of 142,99 feet,a
delta of 24’02’46”and is subtended by a chord beating North 08°4547’West,a distance of 59.57 feet;
THENCE along the arc of a curve to the right,a distance of 46.90 feet,said curve has a radius of 416.50 feet.a
delta of 06”27’05”and is subtended by a chord bearing North 06’29’09”East,a distance of 46.57 feet;
THENCE along the arc of a curve to the right,a distance of 56.88 feet,said curve has a radius of 149.56 feet,a
delta of 21°47’23”and is subtended by a chord bearing North 20°36’23”East,a distance of 56.53 feet;
THENCE along the arc of a curve to the right,a distance of 40.78 feet,said curve has a radius of 307.63 feet,a
delta of 07°35’46”and is subtended by a chord bearing North 35°17’57°East,a d’stance of 40.75 feet;
THENCE along the arc of a curve to the right,a distance of 63.84 feet,said curve has a tad us of 255.49 feet,a
delta of 14’19’00”and is subtended by a chord bearing North 46°15’20”East,a d stance of 63.67 feet,
THENCE along the arc of a curve to the right,a distance of 30.69 feet,said curve has a rad us of 232.34 feet,a
delta of 07°34’07”and is subtended by a chord beanng North 57°1129”East,ad stance of 30,67 feet
THENCE along the arc of a curve to the right,a distance of 81.17 feet,said curve has a radius of 23952 feet,a
delta of 19 25 03”and is subtended by a chord beanng North 69 02’53”East,a distance of 8079 feet;
THENCE North 79°4108”East,a distance of 7476 feet;
THENCE along the arc of a curve to the left,a distance of 32.05 feet.said curve has a radius of 96.00 feet,a
delta of 19 07’41’and is subtended by a chord bearing North 70 07’21”East,a distance of 31 90 feet;
THENCE North 60°3336”East,a distance of 3877 feet;
THENCE along the arc of a curve to the right,a distance of 39.11 feet,said curve has a radius of 229.50 feet,a
delta of 09’4548”and is subtended by a chord bearing North 64’27’50”East,a distance of 39.06 feet;
THENCE North 71”30’54”East,a distance of 44.43 feet;
THENCE along the arc of a curve to the left,a distance of 28.98 feet,said curve has a radius of 95.00 feef,a
delta of 17’28’Stand is subtended by a chord bearing North 61°12’36”East.a distance of 28.87 feet;
THENCE North 21 0910”West,a distance of 133.48 feet to Point A;
THENCE along the arc of a curve to the right.a distance of 26.43 feet,said curve has a radius of 404.10 feet,a
delta of 03 44 52”and is subtended by a chord bearing South 89°07’57”West,a distance of 26.43 feet;
THENCE along the arc of a curve to the right,a distance of 62.35 feet,said curve has a radius of 173.45 feet.a
delta of 20 35 49”and s subtended by a chord bearing North 78 41’42”West,ad stance of 62.02 feet
PROJECT cLIcNT THIS EXH BIT IS NOT A
2 IT S MEANTTOAID IN THE
Sheet (3~~E135 987’0t2 cApRIcOLoRAooLLc MONuMENTEDLANDSURVEY.
DATE 5EcTI0N.TWP ROE VISUALIZATION OF THE
C R 0 U p 11/04/25 S2’T7N”R69W ACCOMPANYING WRITTENOf6DESCRIPTIONTHEWRITTEN
Sheets 9~221 4151 ,e.o,ow,ncc~,DRAWN BY REVIEW BY DESCRIPTION SuPERCEDES THEA~Z0NA cOlORADO I..SMITH 9 TESSELY EXH BIT DRAWING.
5\Suivey JobsI9B7’0l2~iJwg\Exh,biisi987.012 1MPO EXHIISI1 Owg TcE.Page I of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelope ID:2A1D22A7-926C-4AF4-865F-C73F08A77538
DESCRIPTION
THENCE along the arc ot a curve 10 the left,a distance 0137.69 feet.said curve has a radius of 307.89 feet,a
delta of 07°00 53”and is subtended by a chord bearing North 71°54’14”West.a distance of 37.67 feel;
THENCE along the arc ot a curve to the right,a distance ot 5.58 feet,said curve has a cad us of 30 20 feet,a
delta of 10°35’41’and is subtended by a chord bearing North 70°04 4~West,a d stance 01 5.58 feet
THENCE North 89°19’45”West,a distance of 477.55 feet;
THENCE South 00 5922”West,a distance of 5.00 feet;
THENCE North 89°19’45”West a d’stance of 10.00 feet;
THENCE South QQQ 5922”West.a distance of 15.17 feet;
THENCE North 89°00’38”West,ad stance of 30.00 feet:
THENCE North 00”5921”East,a distance of 25.00 feet tome Center-East-Northwest 1164th corner:
THENCE South 89°1945”ast along the north me of said Lot I,a distance of 567.36 teet;
THENCE along the arc ot a curve to the left,ad stance ot 53.57 feet,said curve has a radius of 153.53 feet,a
delta of 19°5933”and subtended by a chord bearing South 78°5932”East.a distance of 53.30 feet:
THENCE along the arc o a curve to the left,ad stance 0119.16 feet,said curve has a radius of 384.10 feet,a
delta of 02°5131”and subtended by a chord bearing North 89°3430”East,a distance of 19.16 feet;
THENCE North 08°09’29”West,a distance of 9.31 feet to said north line of Lot I;
THENCE South 89 19 45”ast,a distance of 20.24 feet,along said North line,to POINT OF BEGINNING 1,
conta n,ng 69,429 square feet or 1.60 acres,more or less;
LESS:EXCEPTED AREA
COMMENCING at aforementioned Point A;
THENCE North 86°0002”East,a distance of 20.93 feet to POINT OF BEGINNING 2:
THENCE along the arc 01 a curve to the right,a distance of 62.42 feet,said curve has a radius of 241.42 feet,a
delta of 14 48’46”and is subtended by a chord bearing South 86°24’35”East,a distance of 62.24 feet;
THENCE along the arc 01 a curve to the right,a distance of 48.95 feet,said curve has a radius of 25.00 feet,a
delta of 112 10’59’and is subtended by a chord bearing South 22’54’42”East,a distance of 41 .50 feet;
THENCE along the arc of a curve to the left.ad stance 01 43.22 feet.said curve has a radius of 169.73 feet,a
delta of 14 35’19”and is subtended by a chord bearing South 25 53 08”West,a distance of 43.10 feet;
THENCE along the arc ot a curve to the right,a distance of 34.41 feet,said curve has a radius of 95.00 feet,a
delta of 20°4505”and is subtended by a chord bearing South 28°58’01”West,a distance of 34 22 feet
THENCE North 21°09’10°West,a distance of 118.84 feet to POINT OF BEGINNING 2,contain ng 5,032 square
feet or 0.12 acres,moreor less;
Net Area contains 64,397 square feet or 1.48 acres,more or less;
May be subject to easements,rights.of.way,covenants and restrictions of record.
Exhibit attached hereto and made a part hereof
SURVEYOR’S CERTIFICATE
I,Robert C.Tessely.a Colorado Professional Land Surveyor,do hereby certify that th s property descnption was
prepared under my personal supervision and checking,that it is tow and correct to the best of my knowledge,
information and belief and is in accordance with applicable standards of practice.Tb s not a guaranty cr
warranty,either expressed orimplied.(4 CCR 730.11.
Colorado Professional Land Surveyor No.38470
For and on behalf of EPS Group,Inc.
CLIENT THIS EXH BIT IS NOT A
cApRI C0L0~ADO LLc MONUMENTED LAND SURVEY.
SECTIONJWP.RGE VISuALIZATION OF THE
S2’T7N’R69W ACCOMPANYING WRITTENDESCRIPTION.THE WRITTEN
REVIEW BY DESCRIPTION SuPERCEDES THE
R.TESSELY EXH BIT DRAW NC
Robert C.Tessely
TcE Page It of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusign Envelc#o ID:2A1D22A7-926C-4AF4-865F-C73F08A77536
ExhibIt C
TCE Area Depiclion
(Page I of3)
LOT 1
LAKE WOOD ESTATES
MOBILE HOME PARK
~—.....“—————..——
987-0124
Sheet 43~,pr E PS PROJECT
GROUPOf6
S heels 971221.411B ~~A~rfl DRAWN BYARIZOMCOLORASOLSMITH
S(Suivey J0bs~987-0I2’Dwg’ExhIbiI5(9$7-Ql2 1MPG ExHIBIr.dwg
LEGEND
EXHIBIT BOUNDARY LINE
PROPERTY LINE
SECTION UNE
C-E-NW 1/64 CORNER
SECTION 2-7-69
FF40 #6 REBAR WITH
3 1/4”ALUMINUM CA?
STAMPED IS 36106,2014
POINT OF BEGINNING 1
C-N 1/16 CORNER SECTiON 2-7-69
END #6 REBAR WITH
2 1/2”ALUMINUM CAP ILLEGIBLE
-LI
C49
NORTH LINE OF THE
SE ~OF THE NW
SECTION 2-7-69
BASIS OF BEARINGS
POINT A
POINT OF
BEGINNING 2
NORTH
TOTAL AREA
69,429 sq.ft.
1.60 ac
—
(IN U.S.SURV€Y FEET I
I IncE —BOfeet
NET AREA
64,397 sq.ft.
1.48 at.
20fl
EAST UNE OF THE
SE IOF THE NW
SECTION 2-749
ic•)
SEE SHEETS
L7
20.0
RcbeiI C.Tessaly
Colorado ProfessIonal Land Surveyor No.38470
For and on behall of EPS Group.Inc.
CLIENT
CAPRI COLORADO U.C
DATE SECTION-IWP-RGE
11/04/25 52-T7N-R69W
REVIEW BY
R.TESSELY
THIS EXHIBIT IS NOTA
MONUMENTED LAND SURVEY.
IT IS MEANTTOAID IN THE
VISUALIZATION OF THE
ACCOMPANYING WRITTEN
DESCRIPTION.THE WRITTEN
DESCRIPTION SUPERCEDES THE
EXHIBIT DRAWING.
ICE-Page 1201 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docusiqn Envelcce ID:2A1022A7-926C-4AF4.665F-C13F08A77538
EXHIBIT
SEE SHEET 4
200
C,
N
-4
0~
UI
NORTH
80
—I
IN US.SURVEY FEET)
I IncI,.6OfeeI
SOUTH LINE OP THE
NORTH SECTION 2-7-69
CLIENT:
CAPRI COLOPADO LLC
SECT ION-WVP-RGE
S2-T7N-R69W
REVIEW BY
A.TESSELY
THIS EXHIBIT IS NOT A
MONUMENTED LAND SURVEY.
IT IS MEANTTO AID IN THE
VISUALIZATION OF THE
ACCOMPANYING WRITTEN
DESCRIPTION.THE WRITTEN
DESCRIPTION SUPERCEDES THE
EXHIBIT DRAWING.
C.
8
F
0,
C
8
C
Cz
EAST LINE OF THE
SEIOFTHENWI ‘I
SECTION 2-7-69
LOT 1
LAKE WOOD ESTATES
MOBILE HOME PARK
—La
0,
-J
Lb
LEGEND I
EXHIBIT BOUNDARY LINE
PROPERTY LINE
——SECTION LINE Robert C.Tessely
Colorado Proles&onal Land SUrveyor No.38470
For and on behalt 01 EPS Group.km.
TCE-Pago l3of 14
EXHIBIT B TO ORDINANCE NO.194,2025
Docuslgn Envelope ID:2A1D22A7-926C4AF4.SSSF.C73F00A71538
EXHIBIT
CURVE TABLE CURVE TABLE
CURVE LENGTH RADIUS DELTA BEARING CHORD CURVE LENGTH RADIUS DELTA BEARING CHORD
Cl 80.0?261.4?15’07’36’S67~W55’E 66.82’027 60,14’494.64’75315’1404’4727w GLOW
02 66.04 60.44 52’1009’S54’Ol’02’E 63.16’C28 48.67’173.40 10’02’58’N16’46’44’W 48.41
46.66 131.64 2l’08’41’537’4728’W 40.38 C29 60.51 332.57 l0’2S2r N29’5W56’W 60.4?
C.4 120.40’149.73 49’O75O’S02’39’1l’W 124.50?030 43.72’1097 98 21657 N34704’I3’W 43.71
05 34.50’217.00’35’32’l6’504’0t36’E 132.45 031 40.17 446.27 611CC N29’SOlS’W 40.15’
CO 00.58’430.00 1l’49’20’1401’04’IWW 99.42’C32 33.29’223.96 5’5733’N23’46’56’W 23.28
Cl 9.13 459.00 1’08’23’N06’27’40’W 9,13 033 60.01’142.99’24’02’46’N08’45’47’W 59.57’
CO 49.56’45.9W 63’99’20’N0757’02’W 47.10’034 46.99’416.50’6’27’05’N06’2W09’E 46.67
CO 101.28’459.00’12’38’34’N06’1W41’E 101.08’035 56.88’149.85’2?47’23’N20’30’23’E 56.63’
010 35.01’60.32’331511’N66’21’52’W 34.52’038 40,7W 307.63’7’35’46’N35’17’57’C 40.75
Cli 25.37 102.46’1C0927 589’21’3?W 25.25’037 63.84’255,40’14’19’Oe N4610’20’E 63.67’
012 00.00’209,50’16’3915’667’5755’W 60.68 038 30.6W 232.34’73407’N57’l 119’S 30.67’
013 36.73’110.00’1970741’570’07’21’W 36.55’039 81.17’239.52’19’25’03’N5O’02’53’E 60,79’
014 74.47’219.5?19’26’14’S69’0045’W 74.17 060 32.05’96.99’19’07’41’N70’07’21’E 3)90’
015 28.45’213.14’7’30’54’SSI’14’16’W 28.43’041 39.1 I’129.50’W45’48’N64’27’50’E 39.06’
016 5&84’235.40’14’1W99’S46’l5’20’W 50.6W 042 28.98’95.00’17’28’5l’*l’12’36’E 28.87
Cl?38.13’287.63’7’35’46’S35’17’51’W 38.10’C43 25.43’404.10 3’4e57 ssg’orsr’w 26.43’
018 49.27 129.56’21’4727 S20’30’27W 48.97’044 62.35’173.45’20’35’4r N78’41’42’W 62.02’
019 44.65’396.50’6’27’00”506’2959’W 44.62’045 37.89’307.89’7’00’53’N7I’54’14’W 37.67’
020 51,62’122.99’24’02’48’S06’45’47’E 51.24’046 5.58’30.20’1070541’N10’04’44’W 5,55?
021 21.21’203.98’5’57’33’523’45’56’E 2120’047 53.57 153.53’l9’59’33’578’5952’E 53.30’
022 46.01’420.21’691t4’S29’50’I5’E 45.99’048 19.10’364.10?2’5l’31’N69’34’38’C 19.16
023 42.92’1077.98’21657 534134)2’S 42.9?049 62.42’241.42’14’4W46’S88’24’35’E 62.24’
024 0414’352.57’10’25’26’S29’59’56”E 64.06 060 46.95’25.00’112’10?59’S22’54’42’E 41.50’
025 54.)?’193.40’16’0?56’516’45’44’6 54.00’061 43.2?169.7?14’35’19’525’5399”W 43.10
026 7090’514.04’1’53’35’S04’47’2r8 70.84’052 34.41’95.00’20’4565’526’SSOl’W 34.22’
LINE TABLE LINE TABLE
LINE LENGTH BEARING LINE LENGTH BEARING
11 1.80’508’OW 29’S 110 13.37’502’16’34’W
12 11.62’N33’29’47E L17 16.10?580’S?27W
13 18.25’556’38?18’S 118 15.54’113’14’26W
14 15.9W 533’29’47W 119 56.17’NOB’56 40W
15 54.9W 513’37’37W 120 30.77 NBC’33’36’E
16 41.5W 502’01’55’E 121 44.43’NIl’30’54’E
17 54.85’?489’56’58’E 122 133.4W N21’OO’lO’W
18 10.8?NOD’00’0GM 123 5.9W 500 59’2734
19 824.17’NO0’0?02’W 124 10.00’rile’IS’45’W
110 30.51’N89’20’OIM 125 15.17’500’5827W
LII 45.90’589’56’5634 126 30.00?N89’9W 36W
112 20.00’$81 53’29’W 127 25.60’N00 502170
113 10.00’N21 OS’1034 L28 9.3)NOB 09’26W
114 39.01’550’33’30’W L29 20.24 509’19’45’S
115 55.60’500’50’40’S —Roborl C.‘lessely
Colorado Professional Land Surveyor No 38470
For and on behaLf or EPS Group.Inc.
Sheet a.~flfl PROJECT CLIENT THISEXHIBITISNOTA,t”LI IL.987-012 CAPRI COLORADO LLC MONUMEN1’ED LAND SURVEY.
DATE SECTION’TWP.RGE’VISUALIZATION OF THE6‘~L13 IT IS MEANTTOAID IN THE
C RU U p 11/04/25 S2’T7N-R89W ACCOMPANYING WRITTENOf6DESCRIPTION.THE WRITTEN
~970.22)4)96 10098OC.40lI DRAWN BY:REVIEW BY:DESCRIPTION SUPERCEDESTHE~leels A~ZONA COLO~DO L.SMITH A.TESSELY EXH BIT DRAWING
S\Survey JobaL9S7’OlllOwgl8ahibila\987 012 TMPC EXI’lISItdwg ICE-Page 14 of 14