HomeMy WebLinkAbout010 - 02/06/2001 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR FOSSIL CREEK PARKWAY AND ORDINANCE NO. 10, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS FOR FOSSIL CREEK PARKWAY AND FOSSIL
CREEK TRAIL IMPROVEMENTS FROM COLLEGE AVENUE TO MAIL CREEK LANE
WHEREAS, the City of Fort Collins desires to acquire drainage, and slope and trail
easements,together with a temporary construction easement, as described in Exhibit"A", attached
hereto and incorporated herein by reference ( the "Property"), from the Fossil Creek Homeowners
Association ("FCHOA")for the purpose of constructing road improvements and a trail easement to
and along Fossil Creek Parkway from College Avenue to Mail Creek Lane; and
WHEREAS, the FCHOA has requested that the City initiate an eminent domain action in
order to complete the transaction; and
WHEREAS, the acquisition of the Property is desirable and necessary for public use to
enhance the public health, safety and welfare; and
WHEREAS, the acquisition of the Property may, by law, be accomplished through
proceedings in eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Council finds and hereby determines that it is necessary for the public health,
safety and welfare that the City acquire the Property to be used for the purpose of street and trail
connections.
Section 2. That the Council hereby authorizes the City Attorney and other proper officials
to acquire the said real property for the City by eminent domain proceedings.
Section 3. That the City Council hereby finds, in the event that the Property is to be acquired
by condemnation, immediate possession of the same is necessary for the public health, safety and
welfare.
Introduced, considered favorably on first reading and ordered published this 16th day of
January, A.D. 2001, and to be presented for final passage on the 6th day of February, A.D. 2001.
Mayor
ATTEST:
OWL)E ��UA.. A, L
City Clerk
Passed and adopted on final reading this 6th day of February, A.D. 2001.
Mayor
ATTEST: \
}
City Clerk
EXHIBIT "A"
EXHIBIT "I-1"
DRAINAGE,PEDESTRIAN ACCESS,AND
SLOPE EASEMENT
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N47'46'54"W, 441.16 FEET TO THE POINT OF BEGINNING;
Thence N36°43'18"W, 20.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF
MAIL CREEK LANE;
THENCE along said eastERLY RIGHT-OF-WAY THE FOLLOWING FOUR COURSES:
1. N53°16'55"E, 62.23 FEET;
2. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 470.74 FEET, AN ARC
LENGTH OF 185.07 FEET, A CENTRAL ANGLE OF 22°31'32", AND A CHORD
BEARING N42°00'56"E, 183.88 FEET;
3. N30'45'10"E, 174.61 FEET;
4. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 575.31 FEET, AN ARC
LENGTH OF 236.77 FEET, A CENTRAL ANGLE OF 23°34'48", AND A CHORD
BEARING N18'57'46"E, 235.10 FEET;
THENCE S89'41'07"E, 5.60 FEET;
THENCE S00°l8'53"W, 123.77 FEET;
THENCE S00°26'32"W, 31.28 FEET;
THENCE N89°33'28"W, 25.04 FEET;
THENCE ALONG A CURVE TO THE RIGHT having A RADIUS OF 595.31 FEET, AN ARC
LENGTH OF 86.94 FEET, A CENTRAL ANGLE OF 8°22'02", AND A CHORD BEARING
S26"34'09"W, 86.86 FEET;
THENCE S30'45'10"W, 174.61 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 490.74 FEET, AN
ARC LENGTH OF 192.99 FEET, A CENTRAL ANGLE OF 22°31'58", AND A CHORD
BEARING S42'01'09"W, 191.75 FEET;
THENCE S53'16'55"W, 62.17 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 13,601 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 1 OF 13
EXHIBIT "I-2"
DRAINAGE,PEDESTRIAN ACCESS
AND SLOPE EASEMENT
A 20-FOOT WIDE EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION
1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER,
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a' ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION ONE, N89°04'48"W, 207.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER OF SECTION ONE, N89°04'48"W, 25.26 FEET;
THENCE N36'43'18"W, 322.93 FEET;
THENCE N53'16'42"E, 20.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF FOSSIL
CREEK PARKWAY;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF FOSSIL CREEK
PARKWAY S36'43'18"E, 338.36 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 6,613 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 2 OF 13
DRAINAGE EASEMENT A
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 I/4" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/4" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N47°21'27"W, 2336.94' FEET TO THE POINT OF BEGINNING;
THENCE N62'20'00"W, 20.00 FEET;
THENCE N27'40'00"E, 21.80 FEET;
THENCE NO2'20'00"W, 25.74 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
OF FOSSIL CREEK PARKWAY;
THENCE ALONG SAID FOSSIL CREEK PARKWAY RIGHT-OF-WAY, ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 1001.74 FEET, AN ARC LENGTH OF 20.77 FEET,
A CENTRAL ANGLE OF 01*1 I'16", AND A CHORD WHICH BEARS S76°43'38"E, 20.77
FEET;
THENCE S02'20'00"E, 25.51 FEET;
THENCE S27'40'00"W, 27.15 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 1003 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 3 OF 13
DRAINAGE EASEMENT B
A 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATE IN THE
SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF
THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING 10 FEET ON
EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION I TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N50°03'37"W, 2589.54' FEET TO THE POINT OF BEGINNING OF SAID
CENTERLINE;
THENCE S01'16'29"W, 68.51 FEET TO THE POINT OF TERMINUS OF SAID
CENTERLINE.
SAID EASEMENT CONTAINS 1,372 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 4 OF 13
DRAINAGE EASEMENT C
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N49'17'16"W 1183.52 FEET TO THE POINT OF BEGINNING;
THENCE S83°03'22"W, 20.00 FEET;
THENCE N06°56'38"W, 221.93 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY OF FOSSIL CREEK PARKWAY;
THENCE ALONG SAID FOSSIL CREEK PARKWAY S36°43'18"E, 40.27 FEET;
THENCE S06°56'38"E, 186.98 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 4,089 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 5 OF 13
DRAINAGE EASEMENT D
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N53°24'33"W 573.32 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY
S36°43'18"E, 20.73 FEET;
THENCE S38'00'49"W, 43.89 FEET;
THENCE S11'59'11"E, 32.09 FEET;
THENCE S78'00'49"W, 20.00 FEET;
THENCE N11'59'11"W, 41.41 FEET;
THENCE N38'00'49"E, 58.67 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 1,761 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 6 OF 13
TEMPORARY CONSTRUCTION EASEMENT A
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 Ya" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N44'51'51"W, 2250.04' FEET TO THE POINT OF BEGINNING; THENCE
ALONG THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY, AND
ALONG A CURVE TO THE RIGTHT HAVING A RADIUS OF 1001.74 FEET, AN ARC
LENGTH OF 15.00 FEET, A CENTRAL ANGLE OF 00°51'29", AND A CHORD WICH
BEARS S68°29'26"E, 15.00 FEET; THENCE S21'04'49"W, 25.00 FEET; THENCE ALONG A
CURVE TO THE LEFT HAVINGF A RADIUS OF 976.74 FEET, AN ARC LENGTH OF
103.55 FEET, A CENTRAL ANGLE OF 06'04'28", AND A CHORD WHICH BEARS
N71'04'37"W, 103.51 FEET; THENCE S15'00'21"W, 39.63 FEET; THENCE N77°14'26"W,
118.17 FEET; THENCE N09'36'48"E, 33.70 FEET; THENCE ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 971.74 FEET, AN ARC LENGTH OF 104.62 FEET, A
CENTRAL ANGLE OF 06°10'06", AND A CHORD WHICH BEARS N84'21'19"W, 104.57
FEET; THENCE N00°47'29"E, 15.01 FEET; THENCE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 986.74 FEET, AN ARC LENGTH OF 121.93 FEET, A CENTRAL
ANGLE OF 07'04'47", AND A CHORD WHICH BEARS S83'55'35"E, 121.85 FEET;
THENCE S09'36'48"W, 29.47 FEET; THENCE S77'14'26"E, 52.22 FEET; THENCE
S62°20'00"E, 20.00 FEET; THENCE S77°14'26"E, 18.28 FEET; THENCE N15'00'21"E, 40.33
FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 991.74 FEET,
AN ARC LENGTH OF 105.14 FEET, A CENTRAL ANGLE OF 06°04'28", AND A CHORD
WHICH BEARS S71'57'25"E, 105.10 FEET; THENCE N21°04'49"E, 10.00 FEET TO THE
POINT OF BEGINNING.
SAID EASEMENT CONTAINS 6,515 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 7 OF 13
TEMPORARY CONSTRUCTION EASEMENT B
A TEMPORARY CONSTRUCTION EASEMENT SITUATE IN THE SOUTHWEST
QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.;
COUNTY OF LARIMER, STATE OF COLORADO; BEING 25 FEET ON EITHER SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE LESS AND EXCEPT THE DRAINAGE
EASEMENT BEING 10 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE :
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 I/a" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N50'03'37"W, 2589.54' FEET TO THE POINT OF BEGINNING OF SAID
CENTERLINE; THENCE S01'16'29"W, 68.51 FEET TO THE POINT OF TERMINUS OF
SAID CENTERLINE OF THE DRAINAGE EASEMENT; THENCE 25 FEET ON EITHER
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE S01°16'29"W, 15.00 FEET TO
THE POINT OF TERMINUS OF THE TEMPORARY CONSTRUCTION EASEMENT
CENTERLINE.
SAID EASEMENT CONTAINS 2,807 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 8 OF 13
TEMPORARY CONSTRUCTION EASEMENT C
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP
6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP
STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N44'00'36"W 1297.74 FEET TO THE POINT OF BEGINNING;
THENCE S06'56'38"E, 175.76 FEET;
THENCE S83'03'22"W, 50.00 FEET;
THENCE N06'56'38"W, 263.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY OF FOSSIL CREEK PARKWAY;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY,
S36`43"18"E, 30.20 FEET;
THENCE S06'56'38"E, 221.93 FEET;
THENCE N83'03'22"E, 20.00 FEET;
THENCE N06'56'38"W, 186.98 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY OF FOSSIL CREEK PARKWAY;
THENCE ALONG SAID FOSSIL CREEK PARKWAY S36'43'18"E, 30.20 FEET TO THE
POINT OF BEGINNING.
SAID EASEMENT CONTAINS 6,884 SQUARE FEET MORE OR LESS AND IS SUBJECT
TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON
THE GROUND.
PAGE 9 OF 13
TEMPORARY CONSTRUCTION EASEMENT D
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6
NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LAREAER, STATE OF
COLORADO;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A#6 REBAR WITH A 3 1/4" ALUMINUM CAP STAMPED PLS 17502;
AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID
LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS
20123)WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N64'35'29"W,552.90 FEET TO THE POINT OF BEGINNING;
THENCE N11'59'11"W, 63.41 FEET;
THENCE N38'00'49"E, 38.66 FEET;
THENCE N36'43'18"W, 338.55 FEET;
THENCE N53'16'42"E, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
OF FOSSIL CREEK PARKWAY;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY
S36°43'18"E, 15.00 FEET;
THENCE S53°16'42"W, 15.00FEET;
THENCE S36`43'18"E,335.00 FEET;
THENCE S38'00'49"W,43.12 FEET;
THENCE S 11'59'11"E,41.41 FEET;
THENCE N78'00'49"E,20.00 FEET;
THENCE Ni 1'59'11"W,32.09 FEET;
THENCE N38'00'49"E, 43.89 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
OF FOSSIL CREEK PARKWAY;
THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY,
S36°43'18"E, 15.55 FEET;
THENCE S38'00'49"W, 32.80 FEET;
THENCE S 11'59'11"E,40.09 FEET;
THENCE S78'00'49"W,50.00 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 8,430 SQUARE FEET MORE OR LESS AND IS SUBJECT TO
ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE
GROUND.
PAGE 10 OF 13
GRADING AND SLOPE EASEMENT A
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6
NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A#6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502;
AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID
LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS
20123)WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N44'5 F 51"W, 2250.04' FEET TO THE POINT OF BEGINNING;
THENCE S21'04'49"W, 10.00 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 991.74 FEET, AN ARC
LENGTH OF 105.14 FEET, A CENTRAL ANGLE OF 06'04'28", AND A CHORD WHICH
BEARS N71'57'25"W, 105.10 FEET;
THENCE S15'00'21"W,40.33 FEET;
THENCE N77°14'26"W, 18.28 FEET;
THENCE N62'20'00"W,20.00 FEET;
THENCE N77°14'26"W, 52.22 FEET;
THENCE N09'36'48"E, 29.47 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 986.74 FEET, AN ARC
LENGTH OF 121.93 FEET, A CENTRAL ANGLE OF 07°04'47", AND A CHORD WHICH
BEARS N83'55'35"W, 121.85 FEET;
THENCE N00°47'29"E, 15.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
OF FOSSIL CREEK PARKWAY;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY
AND ALONG A CURVE HAVING A RADIUS OF 1001.74 FEET, AN ARC LENGTH OF
324.72 FEET, A CENTRAL ANGLE OF 18°34'22", AND A CHORD WHICH BEARS
S78°12'22"E, 323.30 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 7242 SQUARE FEET MORE OR LESS AND IS SUBJECT TO
ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE
GROUND.
PAGE 11 OF 13
GRADING AND SLOPE EASEMENT D
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1,TOWNSHIP 6
NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A#6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502;
AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID
LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS
20123)WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N53'24'33"W 573.32 FEET TO THE POINT OF BEGINNING;
THENCE S38'00'49"W, 15.55 FEET;
THENCE N36'43'18"W,335.00 FEET;
THENCE N53'16'42"E, 15.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
OF FOSSIL CREEK PARKWAY;
THENCE S36'43'18"E, 330.91 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF
FOSSIL CREEK PARKWAY TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 4,994 SQUARE FEET MORE OR LESS AND IS SUBJECT TO
ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE
GROUND.
PAGE 12 OF 13
EXHIBIT "A"
A TRAIL EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
LARIMER COUNTY, COLORADO, THE SAID EASEMENT IS ALSO LOCATED IN THE
OPEN AREA TRACT E AS SHOWN ON THE PLAT OF FOSSIL CREEK MEADOWS 1ST
FILING, A PLAT OF RECORD WITH THE CLERK AND RECORDER OF THE SAID
LARIMER COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
A TRACT OF LAND 30.00 FEET WIDE (MEASURED AT RIGHT ANGLES) LYING
SOUTHERLY OF PARALLEL WITH AND ADJACENT TO THE SOUTH RIGHT OF WAY
OF FOSSIL CREEK PARKWAY AS SHOWN ON THE SAID PLAT OF FOSSIL CREEK
MEADOWS 1ST FILING, LYING BETWEEN THE EAST RIGHT OF WAY OF FOSSIL
RIDGE DRIVE AND THE SOUTH BOUNDARY OF THE SAID PLAT OF FOSSIL CREEK
MEADOWS 1ST FILING.
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