HomeMy WebLinkAbout060 - 04/18/2006 - AUTHORIZING THE CONVEYANCE OF A PERMANENT, NON-EXCLUSIVE EASEMENT TO PUBLIC SERVICE COMPANY OF COLOR ORDINANCE NO. 060, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT, NON-EXCLUSIVE
EASEMENT TO PUBLIC SERVICE COMPANY OF COLOR-ADO
AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FOR ENVIRONMENTAL REMEDIATION ACTIVITIES AND FACILITIES
ON THE NORTHSIDE AZTLAN COMMUNITY CENTER PROPERTY
AND GUSTAV SWANSON NATURAL AREA
WHEREAS, the City of Fort Collins (the"City") is the owner of various properties to the
north, south and under the Poudre River between College Avenue and Linden Street, including
Gustav Swanson Natural Area (the "Natural Area") to the north of the River, and the Northside
Aztlan Center property, including the property on which the United Way Building is situated
(the"Aztlan Property") to the south of the River; and
WHEREAS, the Natural Area and the Aztlan Property, are together described on Exhibit
"A", attached hereto and incorporated herein by this reference, and are collectively referred to in
this Ordinance as the"City Property"; and
WHEREAS, pursuant to various licenses to enter granted by the City Manager under the
authority granted to him in Resolution 2003-119, on November 4, 2003, Public Service
Company of Colorado ("PSCo") and the United States Environmental Protection Agency
("EPA") have conducted extensive investigation of a seep of a black, oily substance
characterized as coal tar in the Poudre River in the vicinity of the City Property identified by the
City in late 2002, and the source and extent of related contamination, and have carried out
certain initial remediation of the contamination; and
WHEREAS, on October 5, 2004, the Council adopted on second reading Ordinance No.
146, 2004, which authorized the conveyance of a permanent, nonexclusive easement to PSCo for
ongoing environmental remediation and monitoring activities; and
WHEREAS, on October 19, 2004, the Council adopted on second reading Ordinance No.
163, 2004, which authorized the execution of an Administrative Order on Consent ("AOC") by
the United States Environmental Protection Agency and a related Environmental Covenant in
connection with environmental contamination and remediation in the Cache La Poudre River on
and in the vicinity of the City Property; and
WHEREAS, on November 10, 2004, the City and all other parties completed and entered
into said AOC and the Environmental Covenant required in the AOC was signed and recorded
by the City shortly thereafter; and
WHEREAS, the detailed plans for the investigation and remediation work to be
completed, including necessary backfill and restoration of the affected area upon completion of
that work, as currently anticipated, are expected to include a 700 foot vertical wall and hydraulic
control system in the south bank of the Poudre River, a small treatment building in which water
collected by the hydraulic control system will be treated, and other minor structures to support
the operation and maintenance of these facilities and ongoing monitoring of the area; and
WHEREAS, in order to install, operate, maintain and access the remedial facilities, the
Council has previously authorized a permanent nonexclusive easement on and under the City
Property, but a final easement for those facilities and activities has not been completed; and
WHEREAS, since the time of the initial request and approval, the final design and
detailed plans for the permanent facilities to be installed by PSCo have been completed, and
those final plans call for a modification of the easement areas required; and
WHEREAS, accordingly, City staff has worked with PSCo to prepare descriptions of the
final easement areas required in lieu of the easement areas previously approved in October 2004,
including an area for a wastewater treatment facility and barrier wall more particularly described
on Exhibit `B", an area for a nonexclusive access road to said facility more particularly
described on Exhibit "C", an area for a nonexclusive electric utility easement more particularly
described on Exhibit "D", and an area for a nonexclusive telephone utility easement more
particularly described on Exhibit "E", each of which exhibits is attached hereto and incorporated
herein by this reference (collectively referred to as the"Easements"); and
WHEREAS, in order to allow for ongoing monitoring and supervision of the activities of
PSCo, and to provide for such access as may be needed to ensure proper implementation of the
remediation work, EPA has requested that the City include in its grant of easement to PSCo a
provision allowing EPA to conduct such activities on the City Property as may be necessary to
enforce PSCo's obligations under the AOC; and
WHEREAS, in connection with the Council's authorization of the easements proposed in
2004, City staff previously made an approximate value finding for those easements in the
amount of approximately$740,000; and
WHEREAS, in 2004, in view of the anticipated benefits to the City and to the general
public of the environmental cleanup activities that are proposed to occur in the river and near
and on the City Property which will be facilitated by the easements, the Council authorized the
conveyance of those easements without requiring payment of consideration for the Easements;
and
WHEREAS, due to modifications of the described areas for the Easements from the
originally proposed easement areas, City staff has refined and updated its value finding for the
Easements, and has estimated that the value of the Easements is approximately$453,350; and
WHEREAS, consistent with the understandings of the City, EPA and PSCo in entering
into the AOC and in negotiations since that time, staff continues to recommend that the City
convey the Easements without requiring payment of consideration for them; and
WHEREAS, City staff has negotiated with PSCo and EPA the terms and conditions of
the permanent easement required for PSCo's ongoing environmental remediation and
monitoring, as set forth in the Permanent Easement Agreement dated March 31, 2006, a copy of
which is on file in the office of the City Clerk and available for public review (the "Easement
Agreement"); and
WHEREAS, the Easement Agreement further provides that the City may relocate PSCo's
utilities on the City Property to a satisfactory alternative location in the future if the City
determines such relocation to be of benefit to the City; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the
Council first finds by ordinance that any sale or other disposition of real property owned by the
City is in the best interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the conveyance of the Easements to PSCo and EPA, as set forth herein,
instead of the permanent easements previously authorized by the Council in Ordinance No. 146,
2004, will be in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Easement Agreement,
together with such additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines to be necessary and appropriate to protect the interests of the City,
including any necessary corrections to the legal description shown thereon that do not result in a
material increase or change in character of the intended Easement Areas.
Introduced, considered favorably on first reading, and ordered published this 4th day of
April, A.D. 2006, and to be presented for final passage on the 18t day of April, A.D. 2006.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of A 'I, A.D. 2006.
MayoKJ
ATTEST:
iaLyt,�
City Clerk
EXHIBIT "A"
DESCRIPTION OF THE CITY PROPERTY
(PARCELS 1 - 3)
PARCEL 1 (AZTLAN/UNITED WAY SITE):
That real property in the NW 1/4 of the NW 1/4 of Section 12, Township 7 North, Range 69 West
of the 6th P.M., located at 226 Willow Street in Fort Collins, Colorado, more particularly described
as follows:
Beginning at a point on the SErly line of C&S Railway R.O.W., 1172.15 feet south and N 56°40' E
227.41 feet from NW corner of Sec. 12, T7N, R69W of the 6th P.M., thence N 56*40" E 670.47
feet, thence S 31*42' E 371.84 feet, thence S 68139'30" E 275.86 feet, thence S 16°39'30" E 243.53
feet, thence S 89°50' E 475.61 feet, thence S 41°10' W 643.95 feet, thence N 48'50' W 200.00 feet,
thence S 41°10' W 25.00 feet, thence N 48°50' W 350.00 feet, thence S 41'10' W 190.00 feet,
thence N 48°50' W 190.00 feet, thence S 41110' W 210.00 feet, thence N 48°50' E 210.00 feet,
thence along the arc of a 400 foot radius curve to the left, the long chord of which bears N 67°32'30"
E 270.65 feet, thence East 111.00 feet, thence North 359.00 feet to the point of beginning, less all
the part of the above described tract lying West of a line which is described as being 250 feet East
of and parallel with the West line of the NW '/4 of said Section 12.
PARCEL 2 (226 WILLOW STREET):
That real property in the NW 1/4 of the NW 1/4 of Section 12, Township 7 North, Range 69 West
of the 6th P.M., located at 226 Willow Street in Fort Collins, Colorado, more particularly described
as follows:
The SErly 40 Feet of LOT 10, BLOCK 3, Fort Collins, Larimer County, State of Colorado.
PARCEL 3 (A PORTION OF GUSTAV SWANSON NATURAL AREA):
That tract of land in the NW 1/4 of the NW 1/4 of Section 12, Township 7 North, Range 69 West of
the 6th P.M., in Fort Collins, Colorado, more particularly described as follows:
Beginning at a point on the East line of said NW 1/4 of the NW 1/4 of Section 12 544.85 feet South
from the NE comer of said NW 1/4 of the NW 1/4 of Section 12, thence S 00903' E along said East
line of the NW 1/4 of the NW 1/4 of Section 12, 599 feet to the northeasterly bank of the Cache La
Poudre River; thence N 71434' W 31.62 feet; thence N 32439' W 93.79 feet; thence N 60456' W
205.90 feet; thence N 20219' W 287.91 feet; thence N 37909' W 151.52 feet to a point twenty-five
feet southeasterly from the center line of the main track of The Colorado and Southern Railway
Company, measured at right angles thereto; thence N 56940' E parallel with and 25 feet
southeasterly from said center line of said main track, 35 feet; thence East 422.28 feet to the point of
beginning, containing 3.75 acres, more or less.
City Property
Page 1 of I
EXHIBIT B
Page 1 of 2
ADDRESS: PHONE:970.221.4111
NORTHERN 20p S.College Ave.Suite t00 WEBSITE:
ENGINEERING Fort Cull C080524 FAX:970.221.4159 ww".northernenginwring.wm
DESCRIPTION: EASEMENT EXHIBIT
An easement located in the Northwest Quarter of Section 12,Township 7 North, Range
69 West of the 6th Principal Meridian, City of Fort Collins, County of Latimer, State of
Colorado being more particularly described as follows:
Considering the North line of the Northwest Quarter of said Section 12 as bearing South
90°00'00" East and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of said Section 12; thence, South 52°43'57"East,
1079.89 feet to the POINT OF BEGINNING; thence, South 25°07'44" East, 92.48 feet;
thence, South 62°36'07" West, 16.39 feet; thence, South 25024'20" East, 85.48 feet;
thence, South 24°22'43" East, 111.59 feet; thence, South 25°24'20" East, 53.08 feet;
thence, South 27'32'15" East, 95.17 feet; thence, South 35039131" East, 90.69 feet;
thence, South 51°54'50" East, 61.89 feet; thence, South 37°44'45" East, 60.94 feet;
thence, South 13°06'36" West, 44.94 feet; thence, South 67046'12" West, 36.78 feet;
thence, North 13006'36" East, 51.95 feet; thence, North 37044'45" West, 42.95 feet;
thence, North 51°54'50" West, 62.44 feet; thence, North 35°39'31" West, 97.11 feet;
thence,North 27032'15" West, 97.86 feet; thence, North 25°24'20" West, 53.90 feet;
thence, North 24°22'43" West, 111.59 feet; thence, North 25°24'20" West, 109.79 feet;
thence, South 56°22'41" West, 112.73 feet; thence, South 33°00'52" East, 48.07 feet;
thence, South 56°26'13" West, 120.01 feet; thence, North 33°00'52" West, 120.01 feet;
thence, North 56°26'13" East, 120.01 feet; thence, South 33°00'52" East, 6.08 feet;
thence, North 58°00'28" East, 168.24 feet to the POINT OF BEGINNING.
The above described utility easement contains 44,214 square feet or 1.015 acres more or
less and is subject to all easements and rights-of-way now on record or existing.
February 14, 2006
AFC [03-1461
Wtr
S:\Survey Jobs\AFC\Descriptions\AFC[03-146]Esmt 2-14-06.doc
EXHIBIT B
Page 2 of 2
EASEMENT EXHIBIT
LOCATED IN THE NORTHWEST QUARTER OF SECTION 12,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
/BASIS OF BEARING N 90°00'00"E
RIH LINE OF THE NORTNWESTWMTER,SECTION I2,TIN,R69W
`SS2e
9 s�• NORTH QUARTER CORNER
F SECTION 12-7-69
POINT OF
COMMENCEMENT �s
NORTHWEST CORNER`;,v
SECTION 12-7-69 `8s'
BEGINNINGPOINT
OF
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44,213 sq.ft.
1.01 acres
LINE TABLE 9`�+
LINE BEARING LENGTH a
L1 S2524'20'E 85.48'
L2 S24'22'43'E 111.59' B !;
L3 S 524'20'E 53.0 '
14 S27'32'15'E 95.17'
L5 S35'39'31"E 90.69' "•a4vP"�'
L6 S5154'50"E 61.89'
L7 S37-44'45' 60.94' \
L8 S13tl6'36'W 44.94' !J
L9 S67'46'12"W 36.78'
L10 N1 ' '36"E 51.95' !+�
111 N3744445'W 42.95'
L12 N51'54'50'W 62.44' B \
L13 N3579' 1'W 97.1
^� L14 N27'32'15'W 97.86'
L15 N25'24'20"W 53.90'
vi L16 N24'22'43"W 111.59'
a L17 N25'24'20"W 109,79' !i+
LIB S56'22'41"W 112.7Y
L19 33W'52' 48.07' Q -,
L20 S56'26'13"W 120.01' \
L21 N33'00'52'W 120.01' �y \
E L22 N56'203"E 120.01'
L23 6.OB'
n L24 N58'00'28'E 168.24'
h L25 S25W'44"E 92.48'
2 L26 S62'36'07"W 16.39' ®NORTH
u
2
00 0 100 zoo 300Feet I NORTHERN
9 ( IN FEET ) ENGINEERING
3 1 inch = 100 ft.
8
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EXHIBIT C
Page 1 of 2
1
2310 East Prospect
Fort Collins, CO 80525
ph: 970.484.7477
fa: 970.484.7488
I
LEGAL DESCRIPTION I www.tec-engrs.com
PERMANENT ACCESS EASEMENT
A PERMANENT ACCESS EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST ONF-
QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 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 NORTHWEST ONE-QUARTER OF SECTION 12,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MONUMENTED AT
THE NORTH END BY A 3 1/4" BRASS CAP STAMPED"COLD. DEPT. OF HIGHWAYS"AND AT THE SOUTH
END BY A 2"ALUMINUM CAP STAMPED"T7N R69W, S71, S12, 114, LS 17497, 2004" IS ASSUMED TO
BEAR S00"07'38"E.
COMMENCING AT THE 3 1/4" BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 12,
FROM WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 12 BEARS S89°53'27"E A
DISTANCE OF 2646,00 FEET;
THENCE S37°13'1WE A DISTANCE OF 1011.51 FEET TO THE NORTHWEST CORNER OF A PROPOSED
UTILITY EASEMENT;
THENCE S32°54'1WE ON THE SOUTHWEST LINE OF SAID PROPOSED UTILITY EASEMENT A DISTANCE
OF 29.19 FEET TO THE POINT OF BEGINNING,-
THENCE S48°47'36"W A DISTANCE OF 87.48 FEET TO A POINT OF CURVE;
THENCE ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 32°24'52%A RADIUS OF 337.73
FEET, A DISTANCE OF 191.07 FEET, THE CHORD OF WHICH BEARS S32°35'10"W A DISTANCE OF
188.53 FEET TO A NON-TANGENT POINT;
THENCE N83°30'25"W A DISTANCE OF 20.28 FEET TO A POINT ON CURVE;
THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 32"58'20", A RADIUS OF 357.73
FEET, A DISTANCE OF 205.87 FEET,THE CHORD OF WHICH BEARS N32°18'26"E A DISTANCE OF
203.04 FEET TO A POINT OF TANGENT;
THENCE N48047'36"E A DISTANCE OF 90.39 FEET TO SAID SOUTHWESTERLY LINE;
THENCE S32°54'19"E A DISTANCE OF 20.21 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 0.132 ACRES (5,748 SQUARE FEET, MORE OR LESS).
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
LEGAL DESCRIPTION STATEMENT'
I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY
STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR
UNDER MY DIRECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION
AND BELIEF, IS CORRECT.
RICHARD W. PALS, REGISTERED LAND SURVEYOR
COLORADO NO. 31938
FOR AND ON BEHALF OF THE ENGINEERING COMPANY
05073UE5.doc
EXHIBIT C
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589'53'27"E 2646,0_0'
POINT OF COMMENCEMENT '%J
M\ NORTHWEST CORNER SECTION 12 NORTH 1/4 CORNER SECTRON 2
TOWNSHIP 7 NORTH RANGE 69 WEST TCWNSH.P i NORi RANGE 69 WEST
FOUND 3 /a' BRASS CAP /' FOUNJ s /2' BRASS AP J
STAMPE COLO. DEPT. OF HIGHWAYS" /
J), TA
PEU 9, S12, /4 .TIN R694`
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7J IN A MONUMENT 80X PER MONUMENTIN .,ONCRE-E r`OWN C 6 FCE
i1 �g,`RECORD DATED dULY, 1995 i \,
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/ �L=191.07'
Chord=S32'351D"W
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6--32'58'20" \ \
R=357.73' \ \
`-L=205.87'
Chord=N32'18'26'E
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STAMPED "T7N R69W, 511,
512, 1/1, LS 17497, 2004"
IN CONCRETE CURB. /
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THE ENGINEERING COMPANY AND
SURVEYOR OF RECORD DO NOT
A^ EXPRESS NOR IMPLY ANY 'WARRANT~
WITH THIS DRAWING.
70!� � TH:S DRAWING GOES 40T REPRESENT
A MONUMENTED SURVEY AND
50 100 150 200 ONLY INTENDED TO DEPICT THEE
Scale: I"=100' y ATTACHED LEGAL DESCRIPTION.
The Engineering Company ®" LEGAL DESCRIPTION
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EXHIBIT D
Page 1 of 2
2310 East Prospect
Fort.. Collins, CO 80525
Ph: 970.484.7477
LEGAL DESCRIPTION fa:970.484_7488
PERMANENT ELECTRIC LINE EASEMENT w w w.t e a-e n g r s.c o m
A 10.00 FOOT WIDE PERMANENT ELECTRIC LINE EASEMENT OVER AND ACROSS A PORTION OF THE
NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, LYING
5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 12,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MONUMENTED AT
THE NORTH END BY A 3 1/4" BRASS CAP STAMPED"COLO. DEPT.OF HIGHWAYS"AND AT THE SOUTH
END BY A 2"ALUMINUM CAP STAMPED"T7N R69W,S11. 812, 1/4, LS 17497,2004" IS ASSUMED TO
BEAR S00°07'38"E.
COMMENCING AT THE 3 1/4"BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 12,
FROM WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 12 BEARS S89"53'27"E A
DISTANCE OF 2646,00 FEET;
THENCE S37"05'11"E A DISTANCE OF 1131.60 FEET TO THE POINT OF BEGINNING,
THENCE S36°45'00"E A DISTANCE OF 400.38 FEET;
THENCE S39017'30"E A DISTANCE OF 157,08 FEET;
THENCE S76°06'02"E A DISTANCE OF 76.00 FEET;
THENCE S44023'00"E A DISTANCE OF 14.00 FEET;
THENCE S10"59'00"E A DISTANCE OF 55.00 FEET TO THE POINT OF TERMINUS.
CONTAINING A CALCULATED AREA OF 0,161 ACRES(7,025 SQUARE FEET, MORE OR LESS).
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
LEGAL DESCRIPTION STATEMENT'
1, RICHARD W. PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY
STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR
UNDER MY DIRECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION
AND BELIEF, IS CORRECT.
RICHARD W. PALS, REGISTERED LAND SURVEYOR
COLORADO NO. 31938
FOR AND ON BEHALF OF THE ENGINEERING COMPANY
D5073UA2.doc
05073UA2 EXHIBIT D
Page 2 of 2
S89'53'27'E 2646.00'
POINT OF COMMENCEMENT
NORTHWEST CORNER SECTION 12 NORTH 1/4 CORNER SECTION 12
A=. TOWNSHIP 7 NORTH'RANGE 69 WEST TOWNSHIP 7 NORTH RANGE 69 WEST
FOUND 3 1/4" BRASS CAP FOUND 4 1/2" BRASS CAP
STAMPED "COLO. DEPT. OF HIGHWAYS" STAMPED "51, 512, I/4, i7N, R69 W'
/j 03,;` IN A MONUMENT BOX PER MONUMENT IN CONCRETE. DOWN 0.8 FEET.
`TI //;,RECORD DATED JULY, 1995 (1
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/ CITY OF FORT COLLINSCL 10' WIDE ELECTRIC
/ � LINE EASEMENT
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WEST I/4 CORNER SECTION 12 S39'17'30'E
FOUND 2" ALUMINUM CAP 157.08'
STAMPED "T7N R69W, 511,
/ 512. 1/4. LS 17497, 2004' S76'06'02"E 76.00'
IN CONCRETE CURB. \
544'23'00"E 14.00'
S10'59'00"E 55.00 POINT NUS
Ur
THE ENGINEERING COMPANY AND
SURVEYOR OF RECORD DO NOT
EXPRESS NOR IMPLY ANY WARRANTY
WITH THIS DRAWING.
THIS DRAWING DOES NOT REPRESENT
0 50 100 150 200 A MONUMENTED SURVEY AND IS
ONLY INTENDED TO DEPICT THE
Scale: 1"=100' ATTACHED LEGAL DESCRIPTION.
The Engineering Company LEGAL DESCRIPTION
nla F2H F�opeat RoaG. Suite Fon Cdhi CoI EXHIBIT
(sm)a 7477 .» .I«<os Wo CITY OF FORT COLLINS
EXHIBIT E
Page 1 of 2
i
j 2310 East Prospect
Fort Collins, Co 80525
i ph:970.484.7477
fn:970.484.7488
.LEGAL DESCRIPTION i ww w.te c-engrs.com
PERMANENT TELEPHONE LINE EASEMENT
A 10.00 FOOT WIDE PERMANENT TELEPHONE LINE EASEMENT OVER AND ACROSS A PORTION OF
THE NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO,
LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
BASIS OF BEARINGS:THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 12,
TOWNSHIP 7 NORTH,RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MONUMENTED AT
THE NORTH END BY A 3 1/4"BRASS CAP STAMPED"COLO.DEPT.OF HIGHWAYS"AND AT THE SOUTH
END BY A 2"ALUMINUM CAP STAMPED"T7N R69W,S11, S12, 1/4, LS 17497,2004" IS ASSUMED TO
BEAR S00"07'38"E-
COMMENCING AT THE 3 1/4"BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 12,
FROM WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 12 BEARS S89053'27"E A
DISTANCE OF 2646.00 FEET;
THENCE S36°47'41"E A DISTANCE OF 1048.65 FEET TO THE POINT OF BEGINNING, SAID POINT LIES
5.00 FEET, MEASURED AT RIGHT ANGLES, SOUTHWEST OF THE SOUTHWEST LINE OF A PROPOSED
UTILITY EASEMENT;
THENCE S32054'19"E PARALLEL WITH SAID SOUTHWEST LINE A DISTANCE OF 92.76 FEET;
THENCE 914037'31"W A DISTANCE OF 157.31 FEET TO A POINT ON CURVE;
THENCE ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 45°49'03", A RADIUS OF 357.50
FEET,A DISTANCE OF 285.88 FEEET,THE CHORD OF WHICH BEARS S20°48'47"E A DISTANCE OF
278:32 FEET TO A NON-TANGENT POINT;
THENCE S18"45'44"W A DISTANCE OF 206.07 FEET TO THE POINT OF TERMINUS, SAID POINT BEING
ON THE SOUTHWESTERLY LINE OF LOT 7, BLOCK 3 OF THE MAP OF THE TOWN OF FORT COLLINS
DATED JANUARY 16, 1873 AND RECORDED IN BOOK 1 AT PAGE 48, LARIMER COUNTY RECORDS,
FROM WHICH THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID BLOCK 3 OF SAID MAP BEARS
S48050'00"E A DISTANCE OF 184.88 FEET.
CONTAINING A CALCULATED AREA OF 0.170 ACRES (7,420 SQUARE FEET, MORE OR LESS).
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
LEGAL DESCRIPTION STATEMENT:
1, RICHARD W.PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY
STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR
UNDER MY DIRECT RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION
AND BELIEF, IS CORRECT.
RICHARD W. PALS, REGISTERED LAND SURVEYOR
COLORADO NO. 31938-
FOR AND ON BEHALF OF THE ENGINEERING COMPANY
05073UE4.doc
EXHIBIT E
050730E4 Page 2 of 2
S89'53'27'E 2646.00'
POINT OF COMMENCEMENT 1
NORTHWEST CORNER SECTION 12 NORTH 1/4 CORNER SECTION 12 /
' TOWNSHIP 7 NORTH RANGE 69 WEST TOWNSHIP 7 NORTH RANGE 69 WEST J/
SJ FOUND 3 1/4 BRASS CAP FOUND 4 1/2" BRASS CAP
i G STAMPED "COLO. DEPT. OF HIGHWAYS" "
0 9�." IN A MONUMENT BOX PER MONUMENT i STAnlPEO 51, 512, I/4, T7N, R69W"
�N CONCRETE, DOWN 0.8 FEET.
eG.,` RECORD DATED JULY, 1995
I ,`Ol3 QCAQd�dG EP\Syt i�'\\ CY
¢O�
/ \ p
S32'54'19"E 92.76' \ y
S14'37'31"W 157.31' \
CITY OF FORT COLLINS \\ \
CL 10' WIDE � \
m� TELEPHONE EASEMENT
U �<
�W �W
w o' wm 6=45'49'03"
z- ro R=35T50'
Ln L=285.88'
I w P N Chord=S20'48'47"E
o m 278.32'
z
WEST I/4 CORNER SECTION 12
FOUND 2" ALUMINUM CAP
STAMPED "T7N R69W, S11,
572, 1/4. LS 17497, 2004"
IN CONCRETE CURB.
SIB'45'44"W 206.07'
POINT OF /
TERMINUS 19 Spes /
O
O `&PV4. >Bv 4 w
44
Rc�Fr7t a00� V0,
THE ENGINEERING COMPANY AND
SURVEYOR OF RECORD 00 NOT
�{ EXPRESS NOR IMPLY ANY WARRANTY
WITH THIS DRAWING.
THIS DRAWING DOES NOT REPRESENT
0 50 100 1$0 200 A MONUMENTED SURVEY AND IS
ONLY INTENDED TO DEPICT THE
Scale: 1-=100, ATTACHED LEGAL DESCRIPTION.
The Engineering Company LEGAL DESCRIPTION
x7lo Fiu Rwpea Roa4 SuRea Fart aollia,CO BP525 EXHIBIT
(9V)1 701 CITY OF FORT COLLINS