HomeMy WebLinkAbout149 - 11/04/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE CUNNINGHAM CORNER SPECIAL IMPROVEMENT DISTRICT NO. 82 CER'rIFIED RECORD
OF
PROCEEDINGS OF THE COUNCIL OF
THE CITY OF FORT COLLINS , COLORADO
RELATING TO AN ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(THE VIPONT LABORATORIES , INC. PROJECT)
SERIES 1986
IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,800 , 000
STATE OF COLORADO )
COUNTY OF LARIMER ) ss .
CITY OF FORT COLLINS )
The City Council of the City of Fort Collins , Colorado, held
a regular meeting in the Council Chambers, at City Hall , on
Thursday, the 4th day of December, 1986 , at the hour of 6: 30
p.m. , which meeting was a continuation of its regular meeting on
December 2, 1986 .
The following persons were present :
Councilmembers: Kelly Ohlson, Mayor
Larry Estrada, Assistant Mayor
Susan E. Kirkpatrick
Barbara Liebler
Gerald C. Horak
Ed Stoner
Barbara Rutstein
City Manager: Steven Burkett
City Clerk : Wanda M. Krajicek
The following persons were absent:
None
Councilmember Rutstein introduced the following
Ordinance, which was read by title, copies of the full Ordinance
having been available in the office of the City Clerk at least
forty-eight ( 48 ) hours prior to the time said Ordinance was
introduced for each Councilmember and for inspection and copying
by the general public .
- ii -
ORDINANCE NO. 149 , 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
BEING_AN ORDINANCE ASSESSING THE COST OF
IMPROVEMENTS IN THE CUNNINGHAM CORNER SPECIAL IMPROVEMENT
DISTRICT NO. 82 ,
IN THE CITY OF FORT COLLINS , COLORADO
AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
WHEREAS , on June 5 , 1984 , the City Council ( the "Council" )
of the City of Fort Collins , Colorado ( the "City" ) passed and
adopted on final reading Ordinance No. 65 , 1984 of the City,
being an ordinance ( the "Creation Ordinance" ) creating the
Cunningham Corner Special Improvement District No. 82 ( the
"District" ) , for the purpose of acquiring, constructing and
installing street, water line, sanitary sewer line, and storm
drainage improvements ( the "Improvements" ) in the City; and
WHEREAS, pursuant to the Creation Ordinance and the District
Engineering Report on file with the City clerk of the City, the
Improvements have been fully acquired , constructed and
installed; and
WHEREAS , on September 16 , 1986 , the Council adopted
Resolution No. 86-150 , accepting the Improvements , receiving and
accepting the Statement of Cost of Improvements and the District
Assessment Roll prepared by the Director of Finance of the City
and ordering notice of the proposed assessments to be published
as provided in §16-18 of the Code of the City; and
WHEREAS, said notice was duly published as provided in
Resolution No. 86-150 and the date of October 21, 1986 was set
for the hearing of complaints or objections to the proposed
district Assessment Roll; and
WHEREAS, on October 21 , 1986 , the Council held a public
hearing for the purpose of hearing and determining any complaints
or objections made in writing by any owner of property to be
assessed for the Improvements, which complaint or objection was
filed in the office of the City Clerk within thirty ( 30) days
from the publication of the notice of the proposed assessments;
and
WHEREAS, all complaints or objections duly made and filed by
such property owners to the Council have been heard and
considered by the Council .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO:
Section 1 . That the total cost of the Improvements,
including the cost of construction, engineering, acquisition of
existing improvements and rights-of-way, interest accruing on
bonds issued to pay the cost of improvements up to the date when
such costs will be assessed, legal fees, publication, administ-
ration, financing and other incidentals incurred in connection
with the Improvements (but excluding the 2% cost of collection
which will be added to each annual assessment by the County
Treasurer at the time such assessment is due) is $1 ,494,371 . 15
The amount or proportion of the total cost of the Improvements to
be paid by other than special assessments is $247,976.86 The
balance of the total cost in the District, $1 ,246,394.29 is
hereby assessed upon the real property in the District in
accordance with the resolutions and ordinances pertaining to the
District adopted by the Council and the provisions of Chapter 16
of the Code of the City. The proportion of the total District
cost to be assessed upon each lot or tract of land in the
District shall be as set forth on Exhibit A attached hereto and
incorporated herein by reference.
Section 2. All assessments made herein shall be due and
payable within thirty (30) days after the final publication of
this ordinance, without demand , provided that all such
assessments may, at the election of the owners of the property
assessed, be paid in 12 equal principal installments, the first
installment being due on the 1st day of , 19-M,
and on the 1st day of October of each year thereafter
until the full amount thereof has been paid, together with
interest on the unpaid principal at the rate of 10 . 84% per annum,
said interest to be payable at the time of the principal
payments.
Section 3 . In the case of such election to pay in
installments as set forth herein, the failure to pay any
installment, whether of principal or interest, when due shall
cause the entire remaining principal balance and accrued interest
thereon to become due and collectible immediately and the entire
remaining principal balance and accrued interest thereon shall
thereafter draw interest at the rate of one percent ( 1%) per
month or fraction of a month until the day of sale of the
property as provided in Chapter 16 of the City Code. At any time
prior to the day of sale, the owner may pay the amount of all
unpaid installments with interest at one percent ( 1%) per month
or fraction thereof and all penalties accrued and shall be
restored to the right thereafter to pay in installments in the
same manner as if default had not occurred.
Section 4. All assessments made herein, together with all
interest thereon and penalties for default in payment thereof ,
shall be a lien in the several amounts assessed against each
property from the date of the publication of the assessing
ordinance and shall be a first and prior lien over all other
liens except general taxes in the same manner as general taxes
now provided by law.
Section 5. All complaints or objections duly made in
writing and filed with the City as provided in Chapter 16 of the
City Code have been heard and considered by the Council and the
Council hereby finds and determines that the assessments made
herein are equitable and proper .
Section 6 . All actions, legal or equitable, for relief
against the assessments made herein , whether based upon
irregularities , jurisdictional defects or other grounds, shall be
commenced within thirty ( 30) days after the final passage of this
ordinance or else be thereafter perpetually barred .
Section 7. All action (not inconsistent with the provisions
of this ordinance) heretofore taken by the City or its officers
directed toward the acceptance of District Improvements, the
presentation and filing of the Statement of District Costs and
the District Assessment Roll , and the ordering of Notice to
property owners to be assessed and to persons interested
generally is hereby ratified , approved and confirmed.
Introduced, considered favorably on first reading , and
ordered published this 21st day of October , 1986,
and to be presented for final passage on the 4th day of November
1986 .
Mayor
ATTEST:
�L" -�i".
City Clerk
Passed and adopted on second reading this 4th day of
November 1986 .
Mayor
ATTES'P
City Clerk (3
CUNNINGHAM COWER
SPECIAL IMPROVEMENT DISTRICT NO. 82
UPDATED PROPERTY ASSESSMENT ROLL
OCTOBER 16, 1986
TARANTO, STANTON dr TAGGE
Consulting Engineers
748 Whalers Way • Building D • Fort Collins, CO 80525
(303) 226-0557 • Metro Denver Number(303) 595-9103
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EXHIBIT Al
LEGAL DESCRIPTION - Five Oaks Village at Cunningham Corner, A Planned Unit
Development
A tract of land located in the Southwest Quarter of the Southwest Quarter
of Section 26, Township 7 North, Range 69 West of the Sixth Principal
Meridian, being a replat of portions of Blocks No. 1 , No. 2 and No. 3 of
Cunningham Corner, a Planned Unit Development, and Tract "D" of Chestnut
Village at Cunningham Corner, a Planned Unit Development, City of Fort
Collins , Larimer County, Colorado, as recorded in reception number 85056217
of the Larimer County records and being described as follows:
Beginning at the Southwest corner of said Section 26 and considering the
West line of the Southwest Quarter of said Section 26 to bear North
00°27' 27" West, with all bearings contained herein relative thereto; thence
Northerly along said West line North 00°27'27" West 1326.72 feet to the
Northwest corner- of said Southwest Quarter of the Southwest Quarter; thence
Easterly along the North line of said Southwest Quarter of the Southwest
Quarter, North 89°46'40" East 50.00 feet to the Easterly right-of-way line
of South Shields Street and the True Point Of Beginning of this
description; thence continuing Easterly along said North line, also being
the South line of the "Worthington Farm" and Woodwest Seventh Filing,
according to the recorded plat thereof, North 89046'40" East, 1270.83 feet
to the Northeast corner of Cunningham Corner, a Planned Unit Development,
according to the recorded plat thereof; thence Southerly along the East
line of said Cunningham Corner, P.U.D. , South 00°21'47" East, 492.84 feet
to the Northerly right-of-way line of Windmill Drive as platted in Chestnut
Ilage at Cunningham Corner, a Planned Unit Development, according to the
_corded plat thereof; thence Westerly, along said Northerly right-of-way
line and the Northerly right-of-way line Richmond Drive as platted in
Willow Grove Village, A Planned Unit Development, according to the recorded
plat thereof, along a non-tangent curve to the left having a delta of
112057' 13" , a radius of 302.00 feet, an arc of 595.57 feet and a long chord
which bears North 81°15'07" West, 503.53 feet; thence South 42°16' 16" West,
51.81 feet; thence South 44056'45" West, 150.00 feet; thence along a curve
to the right having a delta of 90°00100" , a radius of 15.00 feet, an arc of
23.56 feet, and a long chord which bears South 87°16' 16" West, 21.21 feet
to the- Northerly right-of-way line of Cunningham Drive as platted in said
Willow Grove Village at Cunningham Corner P.U.D. ; thence Northwesterly
along said Northerly right-of-way line, North 47°43'44" West, 283.05 feet;
thence along a curve to the left having a delta of 42°43'43" , a radius of
302.00 feet, an arc of 225.22 feet, and a long chord which bears North
69°05' 36" West, 220.03 feet; thence South 89°32'33" West, 181 .96 feet;
thence along a curve to the right having a delta of 90100'00" , a radius of
15.00 feet, and a long chord which bears North 45°27'27" West, 21.21 feet
to the Easterly right-of-way line of South Shields Street; thence Northerly
along said Easterly right-of-way line North 00027'27" West, 274.51 feet to
the True Point of beginning of this description. The above described tract
contains 10.936 acres, more or less.
EXHIBIT A2
LEGAL DESCRIPTION - Amended Plat of Tracts "B" and "C" of Five Oaks Village
at Cunningham Corner, A Planned Unit Development
A tract of land located in the Southwest Quarter of the Southwest Quarter
of Section 26, Township 7 North, Range 69 West of the Sixth Principal
Meridian, being a Replat of Tracts "B" and "C" of Five Oaks Village at
Cunningham Corner a Planned Unit Development, City of Fort Collins, Larimer
County, Colorado, as recorded in reception number 86011382 of the Larimer
County records and being described as follows:
Commencing at the Southwest corner of said Section 26 and considering the
West line of the Southwest Quarter of said Section 26 to bear North
00`27' 27" West, with all bearings contained herein relative thereto; thence
Northerly along said West line North 00027 '27" West 1326.72 feet to the
Northwest corner of said Southwest Quarter of the Southwest Quarter; thence
Easterly along the North line of said Southwest Quarter of the Southwest
Quarter, North 89046'40" East 610.87 feet to the Northwest corner of said
Tract "B" and the POINT OF BEGINNING of this description; thence continuing
Easterly along said North line, also being the South line of Woodwest
Seventh Filing, according to the recorded plat thereof, North 89°46'40"
East, 709.96 feet to the Northeast corner of said Southwest Quarter of the
Southwest Quarter as platted in Cunningham Corner, a Planned Unit
Development, according to the recorded plat thereof; thence Southerly along
the East line of said Cunningham Corner, P.U.D. , South 00021'47" East,
492.84 feet to the Northerly right-of-way line of Windmill Drive as platted
in Chestnut Village at Cunningham Corner, a Planned Unit Development,
according to the recorded plat thereof; thence Westerly, along said
Northerly right-of-way line and the Northerly right-of-way line of Richmond
Drive as platted in Willow Grove Village, a Planned Unit Development,
according to the recorded plat thereof, along a non-tangent curve to the
left having a delta of 112057' 13" , a radius of 302.00 feet, an arc of
595.37 feet and a long chord which bears North 81015'07" West, 503.53 feet;
thence South 42`16' 16" West, 51.81 feet; thence South 44056'45" West,
150.00 feet; thence along a curve to the right having a delta of 90100'00" ,
a radius of 15.00 feet, an arc of 23.56 feet, and a long chord which bears
South 87016 ' 16" West, 21.21 feet to the Northerly right-of-way line of
Cunningham Drive as platted in said Willow Crove Village at Cunningham
Corner P.U.D. ; thence Northwesterly along said Northerly right-of-way line,
North 47°43'44" West, 238.05 feet to the Westerly line of said Tract "B" ;
thence Northerly along said Westerly line North 42°16' 16" East, 184.01
feet; thence North 00013'20" West, 262.74 fEet to the point of beginning of
this description. The above described tract contains 6.914 acres, more or
less .
EXHIBIT B
LEGAL DESCRIPTION - Willow Grove Village at Cunningham Corner, A Planned
Unit Development
A tract of land located in the Southwest Quarter of Section 26, Township 7
North , Range 69 West of the Sixth Principal Meridian, being a replat of a
portion of Blocks No. 1 , No. 2, No. 3, No. 4 and No. 5 of Cunningham
Corner, a Planned Unit Development, City of Fort Collins, Larimer County,
Colorado, as recorded in Book 2278, Page 579 of the Larimer County records
and being described as follows:
Beginning at the Southwest corner of the Southwest Quarter of said Section
26 , and considering the Westerly line of said Southwest Quarter to bear
North 000 27' 27" West, with all bearings contained herein relative
thereto; thence Northerly along said Westerly line North 00* 27' 27" West,
652.00 feet to the TRUE POINT OF BEGINNING of this description; thence
continuing along said Westerly line North 000 27' 27" West, 400.00 feet;
thence departing said Westerly line North 890 32' 32" East, 50.00 feet;
thence along a nontangent curve to the left having a delta of 900 00' 0011
,
a radius for 15,00 feet, an arc of 23.56 feet, and a long chord which bears
South 450 27' 27" East, 21.21 feet; thence North 89' 32' 33" East, 181.96
feet; thence along a curve to the right having a delta of 420 43' 43" , a
radius of 302.00 feet, an arc of 225.22 feet, and a long chord which bears
South 690 05' 36" East, 220.03 feet; thence South 470 43' 44" East, 283.05
feet; thence along a curve to the left having a delta of 901 00' 00" , a
radius of 15.00 feet, an arc of 23.56 feet, and a long chord which bears
North 870 16' 16" East, 21.21 feet; thence North 440 56' 45" East, 150.00
feet; thence North 420 16' 16" East, 51.81 feet; thence along a curve to
the right having a delta of 36' 58' 46" , a radius of 302.00 feet, an arc of
194.92 feet, and a long chord which bears North 600 45' 39" East, 191.55
feet to the Northerly right-of-way line of Windmill Drive as platted in
Chestnut Village at Cunningham Corner P.U. D. , according to the recorded
plat thereof; thence departing said Northerly right-of-way line South 10'
44 ' 58" East, 54.00 feet to the Southerly right-of-way line of said
Windmill Drive; thence departing said Southerly right-of-way line along a
nontangent curve to the left having a delta of 36' 58' 46" , a radius of
248.00 feet, an arc of 160.06 feet and a long chord which bears South 600
45' 39" West, 157.30 feet; thence South 42' 16' 16" West, 51.81 feet;
thence South 390 35 ' 47" West, 150.00 feet; thence South 42' 16' 16" West ,
26.86 feet; thence South 45° 21' 47" East, 172.64 feet; thence South 000
21 ' 47" East, 87.59 feet, to the Northwesterly corner of Chestnut Village
at Cunningham Corner P.U.D. , according to the recorded plat thereof; thence
Southwesterly along the Northwesterly line of said Chestnut Village at
Cunningham Corner P.U.D. South 440 38' 13" West, 138.07 feet; thence
departing said Northwesterly line North 45' 21' 47" West, 235.23 feet;
thence along a nontangent curve to the right having a delta of 35' 46' 33" ,
a radius of 444.00 feet, an arc of 277.24 feet, and a long chord which
bears Seuth 710 39' 16" West, 272.75 feet; thence South 890 32' 33" West,
93.23 feet; thence North 000 27' 27" West, 176.75 feet; thence South 89'
32 ' 33" West, 217.80 feet to the point of beginning of this description.
The above described tract contains 7.898 acres.
EXHIBIT B 1
LEGAL DESCRIPTION:
Tract "A", Willow Grove Village at Cunningham Corner, a Planned Unit
Development, City of Fort Collins, Larimer County, Colorado, according to
the recorded plat thereof.
EXHIBIT B2
LEGAL DESCRIPTION:
Tract "C" , Willow Grove Village at Cunningham Corner, a Planned Unit
Development, City of Fort Collins, Larimer County, Colorado, according to
the recorded plat thereof.
EXHIBIT B3
LEGAL DESCRIPTION:
Tract "D", Willow Grove Village at Cunningham Corner, a Planned Unit
Development, City of Fort Collins, Larimer County, Colorado, according to
the recorded plat thereof.
EXHIBIT C
LEGAL DESCRIPTION - Tract "C" of t e- unningham Corner Master Plan
A portion of the Southwest corner of the Southwest Quarter of Section 26,
Township 7 North, Range 69 West of the Sixth Principal Meridian, being a
portion of Block No. 5, Cunningham Corner, a Planned Unit Development,
according to the recorded plat thereof, City of Fort Collins, Larimer
County, Colorado, being described as follows:
Commencing at the Southwest corner of said Section 26 and considering the
West line of the Southwest Quarter of said Section 26 to bear North
00°27'27" West, with all bearings contained herein, relative thereto;
thence Northerly along said West line North 00°27'27" Nest 64.81 feet;
thence departing said West line North 89°32'33" East 50.00 feet to the
Easterly right-of-way line of South Shields Street and the Point of
Beginning of this description; thence Northerly alone said Easterly
right-of-way line North 00°27 '27" West, 387. 19 feet to the Southerly line
of that parcel of land described in Book 1202, Page 161 of the Larimer
County Clerk and Recorders office; thence Easterly and Northerly along the
Southerly and Easterly lines of said parcel North 89032'33" East 167.80
feet; thence North 00027 '27" West 23.25 feet to the Southerly right-of-way
line of Cunningham Drive as platted in Willow Grove Village at Cunningham
Corner, a Planned Unit Development, according to the recorded plat thereof;
thence along said Southerly right-of-way line North 89°32'33" East 93.23
feet; thence along a curve to the left having a delta of 35°46'33" , a
radius of 444.00 feet, an arc of 277.24 feet and a long chord which bears
North 71°39' 17" East, 272.75 feet to the most Westerly corner of Tract "F"
of said Willow Grove Village at Cunningham Corner P.U.D. ; thence along the
Southwesterly line of said Tract "F" South 45°21'47" East 235.23 feet to
the Westerly line of Tract "A" , Chestnut Village at Cunningham Corner, a
Planned Unit Development according to the recorded plat thereof; thence
Southerly along said Westerly line South 44°38' 13" West 96.64 feet to the
most Westerly corner of said Tract "A"; thence South 45°21'47" East 45.00
feet to the most Northerly corner of Parcel "D" of the Cunningham Corner
Master Plan; thence Southerly along the Northwesterly and Westerly lines of
said Parcel "D" South 44°38' 13" West 136.10 feet; thence South 00°17' 16"
East 148.04 feet to the Northerly right-of-way line of Horsetooth Road;
thence Westerly along said Northerly right-of-way line South 89°42 '44" West
538. 19 feet; thence along a curve to the right having a delta of 89049'49" ,
a radius of 15.00 feet, an arc of 23.52 feet and a long chord which bears
North 45°22'21" West 21. 18 feet to the point of beginning of this
description. The above described tract contains 6.060 acres (263,960
square feet) , more or less.
EXHIBIT D
LEGAL DESCRIPTION - 7-Eleven Convenience Store, a Planned Unit Development,
at Cunningham Corner
A parcel of land located in the Southwest Quarter of the Southwest Quarter
of Section 26, Township 7 North, Range 69 West of the Sixth Principal
Meridian, being a replat of a portion of Block No. 5 of Cunningham Corner,
a Planned Unit Development, City of Fort Collins, Larimer County, Colorado,
as recorded in reception number 86002162 of the Larimer County records and
being described as follows:
Commencing at the Southwest corner of said Section 26 and considering the
South lire of the Southwest Quarter of said Section 26 to bear North
89°42'44" East with all bearing contained herein relative thereto; thence
Easterly along said South line North 89°42'44" East, 603.00 feet; thence
departing said South line North 00017' 16" West, 50.00 feet to the North
right-of-way line of Horsetooth Road and the POINT OF BEGINNING of this
description; thence Westerly along said North right-of-way line South
89042'44" West, 35.10 feet; thence departing said North right-of-way line
along a non-tangent curve to the left having a delta of 29011'47" , a radius
of 20.50 feet, an arc of 10.45 feet, and a long chord which bears North
14018'38" East, 10.33 feet; thence North 00017 ' 16" West, 82.38 feet; thence
along a curve to the left having a delta of 51000'00", a radius of 45.50
feet, an arc of 40.50 feet, and a long chord which bears North 25°47' 16"
West 39.18 feet; thence North 38042'44" East, 33.00 feet; thence North
86030' 15" East, 36.00 feet; thence North 44038' 13" East, 125.70 feet to the
Westerly line of Chestnut Village at Cunningham Corner, a Planned Unit
Development according to the recorded plat thereof; thence Southerly along
said Westerly line South 45021 '47" East, 111.42 feet; thence South
00017' 16" East, 165.72 feet to the North right-of-way line of said
Horsetooth Road; thence Westerly along said North right-of-way line South
89042'44" West, 175.00 feet to the point of beginning of this description.
The above described parcel contains 0.928 acres, more or less.
EXHIBIT D1
LEGAL DESCRIPTION
Tract "A" , 7-Eleven Convenience Store, A Planned Unit Development, City of
Fort Collins, Larimer County, Colorado, according to the recorded plat
thereof.
EXHIBIT D2
LEGAL DESCRIPTION
Tract "B" , 7-Eleven Convenience Store, A Planned Unit Development, City of
Fort Collins, Larimer County, Colorado, according to the recorded plat
thereof.
EXHIBIT E
LEGAL DESCRIPTIONS - Chestnut Village at Cunningham Corner, A Planned Unit
Development
Two tracts of land located in the Southwest Quarter of Section 26, Township
7 North, Range 69 West of the Sixth Principal Meridian, being a replat of a
portion of Block No. 2, No. 5, No. 6 and No. 7 of Cunningham Corner, a
Planned Unit Development, City of Fort Collins, Larimer County, Colorado,
as recorded in Book 2246, Page 1112 of the Larimer County records and being
described as follows:
Tracts A, B, and C:
Beginning at the Southwest corner of the Southwest Quarter of said Section
26, and considering the Southerly line of said Southwest Quarter to bear
North 890 42' 44" East, with all bearings contained herein relative
thereto; thence Easterly along said Southerly line, North 89' 42' 44" East,
778.00 feet; thence departing said Southerly line, North 00' 17' 16" West,
50.00 feet to the Northerly right-of-way line of Horsetooth Road and the
True Point of Beginning of this description; thence departing said
Northerly line, North 000 17' 16" West, 165.72 feet; thence North 45' 21 '
47" West, 156.42 feet; thence North 440 38' 13" East, 234.71 feet; thence
North 890 38' 13" East, 458.00 feet to the Westerly right-of-way line of
Windmill Drive; thence Southerly along said Westerly line, South 00' 21 '
47" East, 427.94 feet; thence along a curve to the right having a delta of
900 04 ' 31", a radius of 15.00 feet, an arc of 23.58 feet, and a long chord
which bears South 44' 40' 29" West, 21.23 feet to the Northerly
right-of-way line of Horsetooth Road; thence Westerly along said Northerly
line, South 89° 42 ' 44" West, 498.55 feet to the point of beginning of this
description. Together with the following described parcel :
Tract D:
Beginning at the Southwest corner of the Southwest Quarter of said Section
26, and considering the Southerly line of said Southwest Quarter to bear
North 890 42' 44" East, with all bearings contained herein relative
thereto; thence Easterly along said Southerly line, North 890 42' 44" East,
1318.64 feet to the Southeast corner of the Southwest Quarter of said
Southwest Quarter; thence Northerly along the Easterly line of said
Southwest Quarter, North 000 21 ' 47" West, 832.36 feet to the Easterly
right-of-way line at Windmill Drive and the True Point of Beginning of this
description; thence departing said Easterly line, South 650 13' 29" West,
54.00 feet to the Westerly right-of-way line of said Windmill Drive; thence
along a non-tangent curve to the left having a delta of 750 58' 27" , a
radius of 248.00 feet, an arc of 328.85 feet, and a long chord which bears
North 62' 45' 44" West, 305.28 feet; thence North 10' 44' 58" West, 54.00
feet; thence along a non-tangent curve to the right having a delta of 820
23' 05" , a radius of 15.00 feet, an arc of 21.57 feet, and a long chord
which bears North 590 33' 25" West, 19.76 feet; thence along a curve to the
right having a delta of 180 08' 33" , a radius of 167.12 feet, an arc of
52.92 feet, and a long chord which bears North 090 17' 36" West, 52.70
feet; thence North 001 13' 20" West, 259.30 feet to the Southerly line of
Woodwest 7th Filing; thence Easterly along said Southerly line, North 890
46' 40" East, 353.96 feet to the Northwest corner of Sundisk Village, a
Planned Unit Development; thence Southerly along the Westerly line of said
Sundisk Village, South 000 21' 47" East, 492.84 feet to the Easterly
right-of-way line of Windmill Drive and the point of beginning of this
description. The above described tracts together contain 8.80 acres.
EXHIBIT E1
LEGAL DESCRIPTION
Map of the Chestnut Village Condominiums, Supplement No.1, City of Fort
Collins, Larimer County, Colorado. As recorded in Book 2276, Page 590 of
the Larimer County records.
EXHIBIT E2
LEGAL DESCRIPTION:
Map of the Chestnut Village Condominiums , Supplement No.2, City of Fort
Collins, Larimer County, Colorado. As recorded in Book 2276, Page 593 of
the Larimer County records.
EXHIBIT E3
LEGAL DESCRIPTION:
flap of the Chestnut Village Condominiums , Supplement No.3, City of Fort
Collins, Larimer County, Colorado. As recorded in Book 2281, Page 793 of
the Larimer County records.
EXHIBIT E4
LEGAL DESCRIPTION:
Map of the Chestnut Village Condominiums, Supplement No.4, City of Fort
Collins, Larimer County, Colorado. As recorded in Book 2281, Page 796 of
the Larimer County records.
EXHIBIT E5
LEGAL DESCRIPTION:
flap of the Chestnut Village Condominiums , Supplement No.5, City of Fort
Collins, Larimer County, Colorado. As recorded in Book 2302, Page 2034 of
the Larimer County records.
EXHIBIT E6
LEGAL DESCRIPTION:
Map of the Chestnut Village Condominiums , Supplement No.6, City of Fort
Collins, Larimer County, Colorado. As recorded in reception number 855785
of the Larimer County records.
EXHIBIT E7
LEGAL DESCRIPTION:
Map of the Chestnut Village Condominiums, Supplement No.7, City of Fort
Collins , Larimer County, Colorado. As recorded in reception number
85013023 of the Larimer County records.
EXHIBIT E8
LEGAL DESCRIPTION:
Map of the Chestnut Village Condominiums , Supplement No.8, City of Fort
Collins, Larimer County, Colorado. As recorded in reception number
85025588 of the Larimer County records.
EXHIBIT E9
LEGAL DESCRIPTION:
Map of the Chestnut Village Condominiums , Supplement No.9, City of Fort
Collins, Larimer County, Colorado. As recorded in reception number
85060368 of the Larimer County records.
EXHIBIT E12
LEGAL DESCRIPTION:
Map of the Chestnut Village Condominiums, Supplement No.12, City of Fort
Collins, Larimer County, Colorado. As recorded in reception number
86012711 of the Larimer County records.
EXHIBIT E13
LEGAL DESCRIPTION
Map of the Chestnut Village Condominiums , City of Fort Collins, Larimer
County, Colorado. As recorded in Book 2208, Page 821 of the Larimer County
records.
EXHIBIT E14
LEGAL DESCRIPTION:
Chestnut Village at Cunningham Corner, A Planned Unit Development, City of
Fort Collins , Larimer County, Colorado.
EXCEPTING therefrom the following described parcels, Map of Chestnut
Village Condominiums, Supplement No. 1 through No. 9 inclusive and the Map
of Chestnut Village Condominimums, Supplement No. 12, and the Map of
Chestnut Village Condominiums all in the City of Fort Collins , Larimer
County, Colorado. According the the recorded plats thereof.
EXHIBIT F
LEGAL DESCRIPTION - Tract G, Cunningham Corner Master Plan
A portion of the Southwest Quarter of the Southwest Quarter of Section 26,
Township 7 North, Range 67 West of the Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, being described as follows:
Beginning at the Southeast corner of the Southwest Quarter of the Southwest
Quarter of said Section 26 and considering the South line of said Southwest
Quarter of the Southwest Quarter, to bear North 89°42'44" East, with all
bearings contained herein, relative thereto; thence Easterly along the
South line of said Southwest Quarter of the Southwest Quarter North
89042'44 East, 1316.64 feet to the Southeast corner of said Southwest
Quarter of the Southwest Quarter; thence Northerly along the East line of
said Southwest Quarter of the Southwest Quarter, North 00°21 '47" West,
493.00 feet; thence departing said East line South 89038' 13" West, 27.00
feet to the Northeast corner of Tract "A" , Chestnut Village of Cunningham
Corners a Planned Unit Development according to the recorded plat thereof;
thence Westerly along the Northerly line of said Tract "A", South 89038' 13"
West, 458.00 feet to the Easterly most corner of Tract "F" of Willow Grove
Village at Cunningham Corner a Planned Unit Development according to the
recorded plat thereof; thence Northerly along the Easterly line of said
Tract "F" , North 00021 '47" West, 87.59 feet; thence North 45°21 '47" West,
172.64 feet to the Southerly right-of-way line of Richmond Drive as platted
in said Willow Grove Village at Cunningham Corner a Planned Unit
Development; thence Easterly along said Southerly right-of-way line North
42016' 16" East, 26.86 feet; thence North 39035'47" East, 150.00 feet;
thence North 42016' 16" East, 51 .81 feet; thence along a curve to the right
having a delta of 36058'46" , a radius of 248.00 feet, an arc of 160.06
feet, a long chord which bears North 60°45 '39" East, 157.30 feet to the
Southwesterly right-of-way line of Windmill Drive as platted in said
Chestnut Village of Cunningham Corner a Planned Unit Development and
Sundisk Village a Planned Unit Development according to the recorded plat
thereof; thence Southeasterly along said Southwesterly right-of-way line
along a curve to the right having a delta of 100°23' 11" , a radius of 248.00
feet, an arc of 434.52 feet and a long chord which bears South 50°33'22"
East, 381 .03 feet; thence South 00021 '47" East, 214.54 feet to the true
point of beginning of this description. the above described tract contains
4.77 acres more or less.
EXHIBIT G
LEGAL DESCRIPTION OF THE PROPOSED WILLIAMSBURG P.U.D.
A tract of land situated in the Southeast One Quarter of Section 27,
Township 7 North, Range 69 West, of the Sixth Principal Meridian, which
considering the East line of said Southeast One Quarter as bearing North,
and with all bearings contained herein relative thereto, is contained
within the boundary lines which begin at the Southeast Corner of said
Section 27 and run thence North 663.25 feet; thence along the north line of
the South One Half of the South One Half of the Southeast One Quarter of
said Section 27, N 89' 44' 16" West, 1020.01 feet; thence South 663.62 feet
to a point on the south line of said Southeast One Quarter; thence along
said south line S 89' 45 ' 30" East, 1020.00 feet to the point of beginning
of this description.
Excepting therefrom the right-of-way for Shields Street and Horsetooth Road
being more particularly described as follows:
A portion of the Southeast Quarter of Section 27, Township 7 North, Range
69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado being described as follows: Beginning at the Southeast
corner of said Section 27 and considering the South line of said Southeast
Quarter to bear South 89045'45" West with all bearings contained herein
relative thereto thence Westerly along said South line South 89°45'45"
West, 1020.00 feet; thence departing said South line North 00°28' 17" West
50.00 feet to the Northerly right-of-way line of Horsetooth Road; thence
Easterly along said Northerly right-of-way line North 89045'45" East,
307.21 feet; thence North 00014' 15" West, 10.00 feet; thence North
89°45'45" East, 68.00 feet; thence South 00014' 15" East, 10.00 feet; thence
North 89045145" East 594.81 feet to the Westerly right-of-way line of
Shields Street; thence Northerly along said Westerly right-of-way line
North 00027'27" West, 409.06 feet; thence along a curve to the left having
a delta of 9000010019 , a radius of 16.00 feet, an arc of 25.13 feet and a
long chord which bears North 45027' 27" West, 22.62 feet; thence North
00°27 '27" West, 68.00 feet; thence along a curve to the left having a delta
of 90000'00" a radius of 16.00 feet, an arc of 25.13 feet and a long chord
which bears North 44°32'32" East, 22.63 feet; thence North 00027'27" West,
104.23; thence departing said Westerly right-of-way line North 89°48' 17"
East, 50.00 feet to the East line of the Southeast Quarter of said Section
27; thence Southerly along said East line South 00027'27" East, 633.25 feet
to the point of beginning of this description. The above described tract
less exception contains 13.6168 acres, more or less.