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HomeMy WebLinkAbout187 - 12/07/2004 - AMENDING ORDINANCE NO. 050, 2004 AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF LANDS ORDINANCE NO. 187, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ORDINANCE NO. 050, 2004 AUTHORIZING
THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION
OF PUBLIC IMPROVEMENTS IN CONNECTION WITH THE STORMWATER
UTILITY DRAINAGE OUTFALL FOR THE NORTH TRIBUTARY SYSTEM
AND THE STREET OVERSIZING ZIEGLER ROAD REALIGNMENT PROJECT
WHEREAS, on April 6, 2004, the Council adopted Ordinance No. 050, 2004, authorizing
acquisition by eminent domain certain property interests necessary for the construction of the
Stormwater Utility Drainage Outfall for the North Tributary System and the Street Oversizing
Ziegler Road Realignment Project ("Project'); and
WHEREAS,as a result of certain adjustments to the details of the construction plans for the
Project,the City must modify the legal descriptions for certain easements and other property interests
and add additional legal descriptions for other property interests for the Project; and
WHEREAS, the City has previously negotiated in good faith for the acquisition of said
property from the owner thereof; and
WHEREAS, the acquisition of the identified property is desirable and necessary for the
construction of the Project, is in the public interest and enhances the public health, safety and
welfare; and
WHEREAS, the acquisition of such 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 Ordinance No. 050, 2004 is hereby amended to add and incorporate the
property interests described in the attached Exhibits"T"to Exhibit"00",attached Amended Exhibit
"B",Amended Exhibit"C",Amended Exhibit"D",together with all references to Exhibits"A"and
Exhibits "E" to Exhibit"S" in said Ordinance.
Section 2. That Ordinance No. 050,2004 be otherwise unaltered and remain in full force
and effect, as amended hereby.
Introduced, considered favorably on first reading, and ordered published this 16th day of
November,A.D.2004,and to be presented for final passage on the 7th day o December,A.D.2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of December, A.D. 2004.
Mayor
ATTEST:
YULI)tk
City Clerk
EXHIBIT"T"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE SOUTTHWEST ONE QUARTER OF SECTION 28 AND A PORTION
OF THE SOUTHEAST ONE QUARTER OF SECTION 29, TOWNSHIP 7 NORTH, RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE
OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497" IN
A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E, WITH A DISTANCE OF
2650.99 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE
S00°I0'S2"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 13.88
FEET TO THE POINT OF BEGINNING;
THENCE N86051'08"E, A DISTANCE OF 7.02 FEET;
THENCE S03008'52"E, PARALLEL TO AND 20.00' EAST OF THE EAST RIGHT-OF-WAY LINE OF
ZIEGLER AVE, A DISTANCE OF 250.00 FEET;
THENCE S86051'08"W, A DISTANCE OF 19.98 FEET, TO THE WEST LINE OF THE SOUTHWEST
ONE-QUARTER OF SECTION 28;
THENCE CONTINUING S86008'52"W, A DISTANCE OF 0.02' TO THE EASTERLY RIGHT-OF-WAY
LINE OF ZIEGLER ROAD;
THENCE N03008'52"W, ON SAID EASTERLY ROW LINE, A DISTANCE OF 250.00 FEET;
THENCE N86051'08"E, A DISTANCE OF 12.98 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 5000 SQUARE FEET
1, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HE AT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREP �,;4,,.� RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, INF p�QNA q IEF, ARE CORRECT.
`U 9F
28 M.
262
CH S. 13RAKE, PkMESSIbAL ENGINEFR'f& LVND S RVEYOR
COLORADO PE-PLS NO. 28262 AF,q D P- '
FOR AND ON THE BEHALF OF 7R ENG LC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
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EXHIBIT"U"
PAGE 1 OF 1
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EXHIBIT"V"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION
28, BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00-I0'52"E,A DISTANCE OF 2650.99
FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE
S00010'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF
1411.92 FEET;
THENCE N89049'08"E A DISTANCE OF 59.38 FEET TO THE EASTERLY RIGHT-OF-WAY OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE N84031'21"E,A DISTANCE OF 76.50 FEET;
THENCE S05028'39"E, A DISTANCE OF 20.00 FEET;
THENCE S84031'21"W,A DISTANCE OF 77.31 FEET,TO SAID EASTERLY LINE;
THENCE N03008'52"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.02 FEET, TO THE POINT
OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1538 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, ELIEF, ARE CORRECT.
=� 28262
MI HA S. BRAKE, RbFE %JR
b.�I1CiNF�ER LAN SURVEYOR
COLORADO PE-PLS NO. 2826F.AND -"�
FOR AND ON THE BEHALF O G, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULT,4TION
WITH ANATTORNEY.
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EXHIBIT "W"
PAGE 1 OF 1
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EXHIBIT"X"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497" IN
A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E,A DISTANCE OF 2650.99
FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE
S00010'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF
1331.65 FEET;
THENCE N89049'08"E, A DISTANCE OF 55.22 FEET,TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE N87010'04"E,A DISTANCE OF 70.24 FEET;
THENCE S02049'56"E, A DISTANCE OF 20.00 FEET;
THENCE S87010'04"W, A DISTANCE OF 70.13 FEET,TO SAID EASTERLY LINE;
THENCE N03008'52"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.00 FEET, TO THE POINT
OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1404 SQUARE FEET
1, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HER THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P R � Y RESPONSIBLE CHARGE AND ON THE
BASIS OF MY NO LEDGE, I o LIEF, ARE CORRECT.
a
9 � � ✓� i� 28262 ^� lCy
ICHAEL S. KEe ROFESS *fNGINEpR& ND SUR EYOR
COLORADO PE-PLS NO. 28262 °�c S
FOR AND ON THE BEHALF OF JR E LC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
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EXHIBIT "Y"
PAGE 1 OF 1
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EXHIBIT"Z"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION
28,BEING MONUMENTED AT THE NORTH END BY A 3"ALUMINUM CAP MARKED "LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E, WITH A DISTANCE OF
2650.99 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE
S00010'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF
1308.11 FEET;
THENCE N89049'08"E, A DISTANCE OF 54.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE S89022'04"E, A DISTANCE OF 76.70 FEET;
THENCE S00°37'56"W,A DISTANCE OF 20.00 FEET;
THENCE N89022'04"W,A DISTANCE OF 75.38 FEET, TO SAID EASTERLY LINE;
THENCE N03008'52"W, ON SAID EASTERLY LINE, A DISTANCE OF 20.04 FEET, TO THE POINT
OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1521 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO TATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXH IT WER ARWDj. ER MY RESPONSIBLE CHARGE AND ON THE
BASIS OF ' K TW DG r© 7wl D BELIEF, ARE CORRECT.
_31
.0
_7A m.
2.8262
I PR SIONAL ENGINE & LAND SURVEYOR
COLORADO PE-PLS NO. 282
FOR AND ON THE BEHALF O NG, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHAN ATTORNEY.
XA3910000.all\3916412\Legals\916414 LX7.doc
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PAGE 1 OF I
LEGAL DESCRIPTION
UTILITY EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING FURTHER DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION
28, BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED"LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E, WITH A DISTANCE OF
2650.99 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE
S00010'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF
1140.51 FEET;
THENCE N89049'08"E, A DISTANCE OF 45.32 FEET TO THE EASTERLY RIGHT-OF-WAY OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE N89049'08"E, A DISTANCE OF 124.15 FEET;
THENCE S00°10'52"W,A DISTANCE OF 20.00 FEET;
THENCE S89049'08"W, A DISTANCE OF 123.11 FEET, TO SAID EASTERLY RIGHT-OF-WAY;
THENCE N03008'52"W, ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 20.03 FEET, TO
THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2473 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HE ATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P R;I R MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, BELIEF,ARE CORRECT.
=� 28262
�y.'
MXHAL S. OFE I rrtr;L ENGINEER LAND SURVEYOR
COLORADO PE-PLS NO. 28262 ,o y
FOR AND ON THE BEHALF OF I30LE LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE.SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHANATTORNEY.
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EXHIBIT"DD"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION
28, BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497"
IN A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E, WITH A DISTANCE OF
2650.99 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE
S00°10'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 813.53
FEET;
THENCE N89049'08"E, A DISTANCE OF 28.37 FEET, TO THE EASTERLY RIGHT-OF-WAY OF
ZIEGLER ROAD, AND TO THE POINT OF BEGINNING;
THENCE S55059'19"E, A DISTANCE OF 69.01 FEET;
THENCE S03008'52"E, A DISTANCE OF 43.09 FEET;
THENCE N55059'19"W, A DISTANCE OF 69.01 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD;
THENCE N03008'52"W, ON SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 43.09 FEET,
TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2370 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED SIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HE AT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE P RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, INF 1�( N, IEF, ARE CORRECT.
28262 p_ _
M[ HA L S. ,'P_Z FESSIO .�IO WEE & ANDS VEYOR
COLORADO PE-PLS NO. 28262 AND?-\-
FOR AND ON THE BEHALF OF J ,ENG G,LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
X:\3910000.al1\3916412\Legais\916414 LX6.doc
XiT910000 a10 3 91 6 41 2Nr nVIEXHIBITS\916414LX6.Ew9,Layvu 1011 0004 04:3):59 PM,Malcom
EXHIBIT "EE"
PAGE 1 OF 1
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PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 28,
BEING MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 17497" IN
A RANGE BOX, AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 14823,
1995, RBD, INC", IN A RANGE BOX, IS ASSUMED TO BEAR S00°10'52"E, WITH A DISTANCE OF
2650.99 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE
S00°10'S2"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 587.40
FEET;
THENCE N89049'08"E, A DISTANCE OF 16.65 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
ZIEGLER ROAD, AND THE POINT OF BEGINNING;
THENCE N86051'08"E,A DISTANCE OF 35.00 FEET;
THENCE S03008'52"E, PARALLEL TO AND 35.00' EAST OF THE EASTERLY RIGHT-OF-WAY LINE
OF ZIEGLER ROAD,A DISTANCE OF 250.00 FEET;
THENCE S86051'08"W, A DISTANCE OF 35.00 FEET, TO SAID NORTHERLY RIGHT-OF-WAY
LINE;
THENCE N03008'52"W, ON SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 250.00
FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 8750 SQUARE FEET OR 0.20 ACRES
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HE E THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PR R MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, IN A� ELIEF, ARE CORRECT.
d ° 28262 a-I' qQ
" -Gr
MICHAE S. B E, PkOFtS9 1_ NGINEj R& ANDS RVEYOR
COLORADO PE-PLS NO. 28262 a "'' S•
FOR AND ON THE BEHALF OF JR LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH AN ATTORNEY.
X:\3910000.aii\3916412\Legals\916414LX5.doc
X:CI910000aIRt916d12�LrawiigslEJ(HIBIT51918d1QX5.dwg.Lay uH,10116M d 04:36:0)PM,brakem
EXHIBIT "GG'
PAGE 1 OF 1
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EXHIBIT "HH"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 3"
ALUMINUM CAP STAMPED"RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A
3" ALUMINUM CAP STAMPED'"RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'52"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 384.32 FEET TO THE
POINT OF BEGINNING;
THENCE S70058'18"E A DISTANCE OF 25.09 FEET;
THENCE S19001'42"W A DISTANCE OF 20.00 FEET;
THENCE N70058'18"W A DISTANCE OF 18.12 FEET, TO THE EAST LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 29;
THENCE N00°10'51"W, ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER, A DISTANCE
OF 21.18 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 432 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREP R MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, INF ...... BELIEF, ARE CORRECT.
J 9�0
NjItHA L S. , PWVE§SV6NAL ENGINEER& VAND S, RVEYOR
COLORADO PE-PLS NO. 28262
FOR AND ON THE BEHALF OF I LC,
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS. OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH ANATTORNEY.
X:\3910000-all\3916412\Legals\916414LX2.doc
X U910000.aIN91641210raei s%BXHIBITSl 16414LX2.dw.La tl,10/18W0 08:14:N AM,b "m
EXHIBIT"II"
PAGE 1 OF 1
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PAGE I OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A
3" ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89°26'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'52"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 262.83 FEET TO THE
POINT OF BEGINNING;
THENCE S86043'30"E A DISTANCE OF 53.28 FEET, TO THE WEST RIGHT-OF-WAY LINE OF
ZIEGLER ROAD;
THENCE S00050'13"W,ON SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 27.83 FEET;
THENCE N86043'30"W A DISTANCE OF 52.79 FEET, TO THE EAST LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 29;
THENCE N00010'52"W, ON SAID EAST LINE, A DISTANCE OF 27.85 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 1474 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTE ROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, D F I E THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE I!A, R MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDG1`c BELIEF,ARE CORRECT.
28262
m
a — —C'
IC E, FE Fl>�i11iJ,E & LAND
S VEYOR
COLORADO PE- PLS NO. 28262 .F AND P�'
FOR AND ON THE BEHALF OF JR ING, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITH ANATTORNEY.
X:\3910000.all\3916412\Legals\916414LXI.doe
X13910000.aIMSI"121Dma ngslE HISITS1 11 14LX1.dw ,Lay ut1.10118QON 08:11:31 AM,bmk.m
EXHIBIT"KK"
PAGE 1 OF 1
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EXHIBIT"LL"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A
3" ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'52"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 443.41 FEET TO THE
POINT OF BEGINNING;
THENCE S70058'I8"E, A DISTANCE OF 25.33 FEET;
THENCE S19001'42"W, A DISTANCE OF 28.42 FEET;
THENCE N70058'18"W, A DISTANCE OF 15.43 FEET, TO THE EAST LINE OF THE NORTHEAST
ONE-QUARTER OF SAID SECTION 29;
THENCE N00010'52"W, ON SAID EAST LINE, A DISTANCE OF 30.09 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 579 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, TATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WE �pR„ 3a ER MY RESPONSIBLE CHARGE AND ON THE
BASIS OF qMY KNOWLED 1i9v'iIa1, D BELIEF,ARE CORRECT.
1 6 Frt+
IC AEL S. , RO blj.61<1�I & LAND SURVEYOR
COLORADO PE-PLS NO. 28 ''•F.AND 4�
FOR AND ON THE BEHALF OF EKING, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHANATTORNEY.
X:\3910000.all\3916412\Legal s\916414LX3.doe
X:13910000.a1N3916412%Naw np%EXHIBTS\916414LX3.dw9.Lava tl,10118a004 08:10:21 M.bak
EXHIBIT "MM"
PAGE 1 OF 1
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EXHIBIT"NN"
PAGE 1 OF 1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL LYING WITHIN THE NORTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, AND AT THE EAST END BY A
3" ALUMINUM CAP MARKED "RA BRADSHAW' IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E, WITH A DISTANCE OF 2641.51 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, THENCE S00°10'52"E ON
THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 43 1.10 FEET;
THENCE N89049'08"E,A DISTANCE OF 23.92 FEET TO THE POINT OF BEGINNING;
THENCE N89049'08"E, A DISTANCE OF 24.00 FEET;
THENCE S00°10'52"E, A DISTANCE OF 93.76 FEET;
THENCE S89049'08"W,A DISTANCE OF 33.35 FEET;
THENCE N00°10'52"W,A DISTANCE OF 46.28 FEET;
THENCE N19001'42"E, A DISTANCE OF 28.42 FEET;
THENCE N00°10'52"W,A DISTANCE OF 20.64 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2809 SQUARE FEET
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY ST TE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPAR Y RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE, INFO LIEF, ARE CORRECT.
.'�SNAW,ye, 6�,
8 v
MIP / :5 2.826 / l- U
HAEL S. BlUgE, P O SSI ENGINE &� AI`j SURVEYOR
COLORADO PE-PLS NO. 28262 ..•
FOR AND ON THE BEHALF OF JR EN EI •�
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION
WITHANATTORNEY.
X:\3910000.alIO916412\Legals\916412LXIO.doc
EXHIBIT"00"
PAGE 1 OF 1
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AMENDED EXHIBIT "B"
PAGE 1 OF 2
LEGAL DESCRIPTION
DRAINAGE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
A DRAINAGE EASEMENT LOCATED IN SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF
THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF
COLORADO, DESCRIBED AS:
BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28, BEING
MONUMENTED AT THE NORTH END BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A
RANGE BOX AND AT THE SOUTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX BEARS S00010'52"E, WITH A DISTANCE OF 2650.99, BETWEEN DESCRIBED
MONUMENTATION.
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
28; .. ._
THENCE S00010'52"E ON THE WEST LINE OF SAID NORTHWEST QUARTER, 258.99 FEET, TO A
POINT ON A LINE 120.00' SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE S49039'00"E, ON SAID PARALLEL LINE, A DISTANCE OF 146.86 FEET, TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF LARIMER COUNTY
ROAD 9;
THENCE N00050'l3"E, ON SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 155.55 FEET, TO SAID
SOUTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN
RAILROAD THE FOLLOWING THREE(3)COURSES:
1) S49°39'00"E, A DISTANCE OF 1,101.77 FEET TO A POINT OF CURVATURE;
2) ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 07°19'10"
AND A RADIUS OF 5,780.00 FEET, A DISTANCE OF 738.39 FEET, THE CHORD OF SAID CURVE
BEARING S53018'35"E WITH A LENGTH OF 737.88 FEET TO A POINT OF TANGENCY;
3) S56°58'10"E, A DISTANCE OF 5,436.66 FEET;
THENCE S33001'50"W,A DISTANCE OF 118.43 FEET;
THENCE N56058'10"W, A DISTANCE OF 157.57 FEET;
THENCE N33001'50"E,A DISTANCE OF 43.43 FEET;
THENCE N56058'10"W,A DISTANCE OF 5,279.09 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF
07019'10" AND A RADIUS OF 5,855.00 FEET, A DISTANCE OF 747.97 FEET, THE CHORD OF SAID
CURVE BEARING N53018'35"W WITH A LENGTH OF 747.46 FEET TO A POINT OF TANGENCY;
THENCE N49039'00"W, A DISTANCE OF 879.38 FEET;
THENCE S40021'00"W, A DISTANCE OF 45.00 FEET;
THENCE N49039'00"W,A DISTANCE OF 123.43 FEET TO THE POINT OF BEGINNING; CONTAINING
574,875 SQUARE FEET OR 13.20 ACRES.
TOGETHER WITH:
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
LARIMER COUNTY, STATE OF COLORADO,DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
28:
X:\3910000.a1113916412\Legals\LEGAL DESCRIPTION COTTONWOOD OUTFALL CHANNEL.doc
AMENDED EXHIBIT "B"
PAGE 2 OF 2
THENCE S00010'52"E ON THE WEST LINE OF SAID NORTHWEST QUARTER, 258.99 FEET, TO A
POINT ON A LINE 120.00' SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE S49039'00"E, ON SAID PARALLEL LINE, A DISTANCE OF 146.86 FEET, TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF LARIMER COUNTY
ROAD 9;
THENCE S49039'00"E,A DISTANCE OF 123.43 FEET;
THENCE N40021'00"E, A DISTANCE OF 45.00 FEET;
THENCE S49039'00"E, A DISTANCE OF 879.38 FEET TO A POINT OF CURVATURE;
ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 07019'10"AND A
RADIUS OF 5,855.00 FEET, A DISTANCE OF 747.97 FEET, THE CHORD OF SAID CURVE BEARING
S53018'35"E WITH A LENGTH OF 747.46 FEET TO A POINT OF TANGENCY;
THENCE S56058'l0"E, A DISTANCE OF 5,279.09 FEET;
THENCE S33001'50"W, A DISTANCE OF 43.43 FEET;
THENCE S56058'10"E,A DISTANCE OF 157.57 FEET;
THENCE N33001'50"E,A DISTANCE OF 118.43 FEET;
THENCE S56058'10"E,A DISTANCE OF 25.00 FEET;
THENCE S33001'50"W,A DISTANCE OF 143.43 FEET;
THENCE N56058'10"W,A DISTANCE OF 207.57 FEET;
THENCE N33001'50"E,A DISTANCE OF 43.43 FEET;
THENCE N56058'10"W,A DISTANCE OF 5,254.09 FEET TO A POINT OF CURVATURE;
ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 07°19'10"AND
A RADIUS OF 5,880.00 FEET, A DISTANCE OF 751.16 FEET, THE CHORD OF SAID CURVE BEARING
N530 18'35"W WITH A LENGTH OF 750.65 FEET TO A POINT OF TANGENCY;
THENCE N49039'00"W,A DISTANCE OF 809.38 FEET;
THENCE S85021'00"W,A DISTANCE OF 63.64 FEET;
THENCE N49039'00"W, A DISTANCE OF 127.81 FEET TO A POINT ON THE AFORESAID EASTERLY
RIGHT OF WAY OF LARIMER COUNTY ROAD 9;
THENCE ALONG SAID EASTERLY LINE N00050'13"E, A DISTANCE OF 32.41 FEET TO THE POINT
OF BEGINNING; CONTAINING 186,277 SQUARE FEET OR 4.28 ACRES.
I,MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN THE
STATE OF COLOR-ADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS
OF MY KNOWLEDGE, INFORMATION, A ARE CORRECT.
0 REGISTF9
Z 9
MVHAECS`-BkAKEj PRWEA IO L FIJGINEER A1PD L D SU EYOR
C LORADO PE AND PLS NO. 2826
FOR AND ON THE BEHALF OF JR E II&FIC�Q,
THIS LEGAL DESCRIPTION DOES NOT CONSITUTE A TTI LE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF
THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN
ATTORNEY.
X.,3910000.a11\3916412\Legals\LEGAL DESCRIPTION COTTONWOOD OUTFALL CHANN EL.doc
ENDED EXHIBIT '
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