HomeMy WebLinkAbout070 - 07/07/2009 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC ORDINANCE NO. 070, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN
LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION
WITH THE HARMONY ROAD AND COLLEGE AVENUE IMPROVEMENTS PROJECT
WHEREAS, the Harmony Road and College Avenue Improvements Project (the
"Project") is planned to be constructed in 2010; and
WHEREAS, the Project involves constructing additional turn lanes at the intersection of
Harmony Road and College Avenue and Harmony Road and Mason Street; replacing
pavement/concrete; improving pedestrian connections and bike lanes; modifying sidewalks,
traffic signals, and utility connections; and associated public improvements; and
WHEREAS, the Project will improve the current intersections to provide the safe flow of
traffic due to anticipated future development to the area; and
WHEREAS, it is necessary for the City to acquire certain property rights (the "Property")
hereinafter described on Exhibits "A" through "E", attached hereto and incorporated herein by
this reference (the "Exhibits"), for the purpose of constructing the Project; and
WHEREAS, the acquisition of the Property is desirable and necessary for the
construction of the Project, is in the City's best interest and enhances public health, safety, and
welfare; and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property from
the landowners; and
WHEREAS, the acquisition of the Property may, by law, be accomplished through
eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds and determines that is necessary and in
the public interest to acquire the Property for the purpose of the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property for the City by eminent domain.
Section 3. The City Council finds, in the event that acquisition of the Property by
eminent domain is commenced, that immediate possession is necessary for the public health,
safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
June, A.D. 2009, and to be presented for final passage on the ay of July, A.D. 2009.
J�
Ma I
ATTEST:
LW
City Clerk
Passed and adopted on final reading on the 7th day of July, A.D. 2009.
Mayo
ATTEST:
'Gi - CI
EXHIBIT "A"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
TO BE ACQbIRED
FROM
Parcel No. 1 LN Real Estates, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code_ 16136
City of Fort Collins Transportation Division
EXHIBIT "A"
Page 2 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: 1
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. 1 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 153 square feet (more or less) , located in the Southeast
Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Corrected Special Warranty Deed recorded August 23, 2007 at
Reception No. 20070064770 records of the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Commencing at the Southeast corner of Section 35, T.7N. , R.69W. of the
6th P.M. ; THENCE along the South line of the said Southeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 568.89
feet; THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 50.00 feet to the Southeast corner of the said tract
described at Reception No. 20070064770 and to the TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
1 . THENCE along the South line of said tract, South 89 degrees 48
minutes 12 seconds West for a distance of 16.81 feet;
2. THENCE North 42 degrees 58 minutes 02 seconds East for a
distance of 24.98 feet to the East line of the said tract;
3. THENCE along the said East line, South 00 degrees 41 minutes 12
seconds 'lest for a distance of 18. 22 feet to the POINT OF
BEGINNING.
The above described tract contains 153 square feet (more or less) and
is subject to all easements and rights of ways now existing or of
record.
EXHIBIT "A"
Page 3 of 8
Basis .of Bearings: Considering the South line of the said Southeast
Quarter of Section 35, i.7N. , R_69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Southeast corner of said Section 35 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the South Quarter
corner of said Section 35, being a Grid Bearing of the Colorado State
Plane Coordinate Syste Zone, North American Datum, 1983/2007.
O RE�ISTFR
PQ•GE S.ft •FQ
o:a�
S
�J
NA4��
LAWRENCE S. PEPEK COLORADO P.L.S. 33642
On behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "A"
PARCEL NO. 1 Page 4 Of 8 LOCATION
SECTION 35, T.7N., R.69W.
CORRECTED
SPEC(AL WARRANTYDEED
I
REC.Nn 20070064770
Q)
I
PARCEL NO. 1
153 Sq.Ft. —1
POINT OF
BEGINNING
- - - - L1 it
t
t
, o
10
t
50'ROW �
t�
SOUTHEAST CORNER
SOUTH QUARTER CORNER SECTION 35, T.7N- R.69W.
SECTION 35, T.7N., R.69W. t FOUND 2" PIPE WITH 2 1/2"
- FOUND 2 3/8" PIPE WITH j o ALUMINUM CAP STAMPED OB & CO
3 1/4" ALUMINUM CAP ILLEGIBLE t Z LS XXXXX AND 1984 IN MON. BOX
SET IN MONUMENT BOX t
t
t
2081.16' �f 568.89'
~ S89'48'12"W 2650.05'
LINE TABLE (BASIS OF BEARING)
LINE BEARING LENGTH HARMOIVYROAD
L1 S89'48'12"W 16.81,
L2 N42'58'02'E 24.98'
L3 SOO'41'12"W 18.22'
6
Lawrence S. Pepek — on behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor #33642
20 10 0 20
NOTE: This exhibit drawing is not Intended to be a
monumented land survey. It's sole purpose Is as a
graphic representation to old in the visuallzatlon of
the written property description which it accompanies. 1 20'
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E.Garden Drive I kVindsor,Colorado 8055C DATE: 5-18-09
phonc:(970)686-5011 I fnx:(970)686-5821 CLIENT: INTERWEST
wxvw.Lngsurveyors.com DWG: 2008036EXH_1
EXHIBIT "A"
Page 5 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE1 LN Real Estate, LLC
FOR
Project Number: STU M955-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
L'
EXHIBIT "A"
Page 6of8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE1
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TEi Of the Department of
Transportation, State of Colorado, Project No. STU M4S5-077,
containing 4,559 square feet (more or less) , located in the Southeast
Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Corrected Special Warranty Deed recorded August 23, 2007 at
Reception No. 20070064770 records of the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Commencing at the Southeast corner of Section 35, T.7N., R.69W. of the
6th P.M. ; THENCE along the South line of the said Southeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 568.89
feet; THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 50.00 feet to the Southeast corner of the said tract
described at Reception No. 20070064770; THENCE along the South line of
said tract, South 89 degrees 48 minutes 12 seconds West for a distance
of 16.81 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE continuing along said South line, South 89 degrees 48
minutes 12 seconds West for a distance of 420.07 feet to the
West line of the said tract;
2. THENCE along the said West line, North 00 degrees 41 minutes 12
seconds East for a distance of 6.00 feet;
3. THENCE North 89 degrees 48 minutes 12 seconds East for a
distance of 144.14 feet;
4. THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 29.00 feet;
5. THENCE North 89 degrees 48 minutes 12 seconds East for a
distance of 65.00 feet;
6. THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 29.00 feet;
EXHIBIT "A"
Page 7 of 8
7. THENCE North 89 degrees 48 minutes 12 seconds East for a
distance of 208.24 feet;
8. THENCE North 42 degrees 58 minutes 02 seconds East for a
distance of 28.98 feet to the East line of the said tract;
9. THENCE along the said East line, South 00 degrees 41 minutes 12
seconds West for a distance of 8.92 feet;
10. THENCE South 42 degrees 58 minutes 02 seconds West for a
distance of 24.98 feet to the South line of the said tract and
to the POINT OF BEGINNING.
The above described tract contains 4,559 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the South line of the said Southeast
Quarter of Section 35, T.7N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Southeast corner of said Section 35 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the South Quarter
corner of said Section 35, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
�� sreR
s .PEP�d -Zoo9
LAWRENCE S. PEPEK COLORADO P.L.S. 33642 3IONPM�
On behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "A"
PARCEL NO. TE1 Page 8 of 8 LOCATION
SECTION 35, T.7N., R.69W.
� � I
I CORRECTED Q W
PARCEL NO. TEI SPECIAL WARRANTYDEED I
4,559 Sq.FL REC. NO.20070064770
I
N89'48'12"E ^208.224'—
t S89'48.12"W —420.07'
I POINT OF
' BEGINNING
VI
i 50'ROG/ S89'48'12"W i`� N00'11'48"W
I I_
j 2081.16' -.� - - 568.89'
j S89'48'12"W 2650.05'
1 (BASIS OF BEARING) M"ONYROAD
SOUTHEAST CORNER
SECTION 35. T.7N., R.69W. i
FOUND 2" PIPE WITH 2 1/2"
ALUMINUM CAP STAMPED DB & CO
LS XXXXX AND 1984 IN MON. BOX I I
0 I
CORRECTED
(� SPECIAL WARRANTYDEED L3
REC.NO. 200 706 64 7 70 e
N89'48'12"E
I - - - --�_ ; r`
144.14' 1 '
50 25 0 50 J s894s'12_"w P267.0
1 50
' PARCEL NO. 7'E1 50'ROW i
4,5.59 Sq.fit. j
I
2081.16' I
S89'48'12"W 2650.05'
SOUTH QUARTER CORNER HARMONYROAD (BASIS OF BEARING)
SECTION 35, T.7N., R.69W.
FOUND 2 3/8" PIPE WITH
3 1/4" ALUMINUM CAP ILLEGIBLE LINE TABLE
SET IN MONUMENT BOX LINE BEARING LENGTH
Lt N00.41'12"E 6.00'
L2 N00'11'48"W 29.00'
L3 N89'48'12"E 65.00'
L4 S00'11'48"E 29.00'
L5 N42'58'02"E 28.98'
Lawrence S. Pepek — on behalf of King Surveyors, Inc. L6 S00'41'12"W 8.92'
Colorado Registered Professional L7 S42'S8'02"Vi 24.98'
Land Surveyor #33642
NOTE: This exhibit drawing is not intended to be a monumented land survey.
It's sole purpose is as a graphic representation to aid in the visualization of
the written property description which it accompanies. The written property
description supersedes the exhibit drawing.
KING SURVEYORS, :INC. PROJECT NO: STU M455-077
650[ .Garden Drive I Windsut,Culurado 80550 DATE: 5—18-09
phone: (970)686-5011 1 fax:(970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH_TE 1
EXHIBIT "B"
Page 1 of 4
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE2 McDonald's Corporation
FOR
Project Number: STU M435-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
l
EXHIBIT "B"
Page 2 of 4
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE2
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE2 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 2, 001 square feet (more or less) , located in the Southeast
Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Lot 1 of The Gateway at Harmony Road
P.U.D. Second Filing recorded July 07, 1989 at Reception No.
1989025195 records of the Clerk and Recorder of the said Larimer
County, being more particularly described as follows;
Commencing at the Southeast corner of Section 35, T.7N. , R.69W. of the
6th P.M. ; THENCE along the South line of the said Southeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 493.49
feet; THENCE North 00 degrees it minutes 48 seconds West for a
distance of 60.00 feet to the South line of the said Lot 1 and to the
TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE along a curve to the right having a radius of 15.00
feet a central angle of 90 degrees 52 minutes 16 seconds and
an arc length of 23.79 feet, being subtended by a chord of
North 44 degrees 45 minutes 40 seconds West for a distance of
21 .37 feet to a Point of Tangency, said point being on the
West line of said Lot 1 ;
2. THENCE along_ the said West line, North 00 degrees 41 minutes 12
seconds East for a distance of -10.00 feet;
3. THENCE South 89 degrees 18 minutes 48 seconds East for a
distance of 10.00 feet;
4. THENCE South _ 00 degrees 41 minutes 12 seconds West for a
distance of 13.07 feet;
5. THENCE North 89 degrees 48 minutes 12 seconds East for a
distance of 150.02 feet;
6. THENCE South 00 degrees 41 minutes 12 seconds West for a
distance of 12.00 feet to the South line of said Lot 1 ;
EXHIBIT "B"
Page 3 of 4
7. T14ENCE along the said South line, South 89 degrees 48 minutes 12
seconds 'Nest for a distance of 144.79 feet to the POINT OF
BEGINNING.
The above described tract contains 2,001 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the South line of the said Southeast
Quarter of Section 35, T_7N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Southeast corner of said Section 35 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the South Quarter
corner of said Section 35, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
RE tS7pR
�' °� s•pE �" ZOO /
ou ¢ 336�
.y
�SsrariA�`��
LAWRENCE S. PEPEK COLORADO P.L.S. 33642
on behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE -
WINDSOR, CO 80550
EXHIBIT "B" LOCATION
PARCEL NO. TE2 Page 4 of 4 SECTION 35, T.7N., R.69W.
WIO'UTILITY
i EAS6NENT LOT I
THE CATETVA YATHARMONYROAD
Ln I P.U.D„SECOND FILINO
OI REL:NO. IPS9025I95
15'UTILITY
!2I EASEMENT
J N89_'48'12"E 150.02' _ _ .
J
S89.48'12"W 144.79'
OF i 1
BEGINNING � 4L
PARCEL NO. TE2
NOO'11'48"W 2,001 sq.ft.
i 60,00,
i
2156.56' I t� 493.49'
S89-48'12"W 2650.05' HARMONYROAD
SOUTH QUARTER CORNER (BASIS OF BEARINGS)
SECTION 35, T.7N., R.69W.
FOUND 2 3/8" PIPE WITH SOUTHEAST7RR.69W.
ER
3 1/4" ALUMINUM CAP ILLEGIBLE SECTION 35, T.7N
SET IN MONUMENT BOX FOUND 2" PIPE VATH 2 1/2"
ALUMINUM CAP STAMPED DB & CO
LS XXXXX AND 1984 IN MON. BOX
LINE TABLE
LINE BEARING LENGTH
Lt N00-41'12"E 10.00'
L2 S89'18'48"E 10,00'
L3 S00'4112N 13.o7'
L4 S00-41'12"W 12.00'
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CH BEARING
CI 23.79' 15.00' 90'S2'16" 21,37' N44'45'40"W
Lawrence S. Pepek — on behalf of icing Surveyors, Inc.
Colorado Registered Professional
Land Surveyor #33642
50 25 0 50
NOTE: This exhibit drawing is not Intended to be a
monumented land survey. It's sole purpose is as a
graphic representation to aid in the visualization of 1.._ 50'
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E.Carden Drive I Windsoe,Colorado 80550 DATE: 5-18-09
phone:(970)686-5011 I fax:(970)686-5821 CLIENT: INTERWEST
www.kingsurvcyors,com DWG: 2008036EXH—TE2
EXHIBIT "C"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE3 Arbor Plaza, LC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins 'Transportation Division
EXHIBIT "C"
Page 2 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE3
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE3 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 5,038 square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Lot 3 of Arbor Plaza P.U.D. recorded
March 13, 1986 at Reception No. 1986012691 records of the Clerk and
Recorder of the said Larimer County, being more particularly described
as follows;
Commencing at the Northeast corner of Section 2, T.6N. , R.69W. of the
6th P.M.; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 592.83
feet; THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 60.00 feet to the North line of the said Lot 3 and to the
TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE along a curve to the right having a radius of 20. 00
feet a central angle of 90 degrees 00 minutes 00 seconds and
an arc length of 31 .42 feet, being subtended by a chord of
South 45 degrees 11 minutes 48 seconds East for a distance of
28.28 feet to a Point of Tangency, said point being on the
East line of said Lot 3;
2. THENCE along the said East line, South 00 degrees 11 minutes 48
seconds East for a distance of 6.00 feet;
3. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 10.00 feet;
4. THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 11 .00 feel.;
5. THENCE South 89 degrees 48 ;n.inutes 12 seconds West for a
distance of 159. 17 feet;
6. THENCE North 00 degrees 11 minutes 48 seconds West for a
distance of 10.00 feet;
EXHIBIT "C"
Page 3 of 8
7. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 75.00 feet;
8_ THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 10.00 feet;
9. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 140.26 feet to the West line of said Lot 3;
10. THENCE along the said .West line, North 00 degrees 46 minutes 47
seconds East for a distance of 15.00 feet to the North line of
said Lot 3;
11 . THENCE along the said North line, North 89 degrees 48 minutes 12
seconds East for a distance of 364.17 feet to the POINT OF
BEGINNING.
The above described tract contains 5,038 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the North line of the said Northeast
Quarter of Section 2, T.6N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
R�csisrFq� .
�J
LAWRENCE S. PEPEK L_S. 33642
On behalf of KING SURVEYORS, INC.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
1 )
EXHIBIT "C"
Page 4 of 8 LOCATION
PARCEL NO. TE3 SECTION 2, T.6N., R.69W.
' _fTARMOAYROAD (BASIS OF BEARING) SB9'48'12"W 2650.05'
1 2057.22' — — m'j — — 592,83'
1 i
PARCEL NO. TE3 ' S00'it'48"E NORTHEAST CORNER
1 5,038 sq.jt. �� 60.00
SECTION 2, T.6N., R.69W.
c``1 60'ROYJ FOUND 2" PIPE WITH 2 1/2-
IN OF ' ALUMINUM CAP STAMPED DB & CO
" BEGINNING i t LS XXXXX AND 1984 IN MON. BOX
N89'4872 E 364.17'
s89'48'12"w 159.171 II —
1 L 1S'UT/LITy 20' 9RA/NAG,- _j EASEMENT LOT_? EASEMENT ARBOR PLAZA P.U.D. /O'U7lllTYI�REC.NO. 1986012691 EASEMENT
(BASIS OF BEARING) 1
S89.48'12"W _ 26_50.05' HA_RMONYROAD
— — — — 2057.22'
NORTH QUARTER CORNER i
SECTION 2, r.sN., Rssw. PARCEL NO. TE3 '
60,ROW 1
FOUND 2 3/8" PIPE H4TH 5,038 sq.
3 1/4" ALUMINUM CAP ILLEGIBLE
SET IN MONUMENT BOX I y
z w N89'48'12"E 364.17' t.
I `N 1
00 --►tN
Q v nUJI
r� j T�� _ L5I
50 25 0 50 m I j S89'48'12"W 140.26' I I
U j j l LOTS
1"= 50' WW o j j ARBOR PLAZA P.U.D.
Oe m 4 I I I REC.NO. 1986012691
U `� n0 j 20'E.4SElAENT I � I j
LEI BOOK 1466, PACES Jl3' & 3/5 1
J o Z 1 I I AND BOOK 1451, PACE-79 I = I 1
QV��t1 j I PERMANENT EASEMENT I p I
C9 000000 o Lv m l \ MASONSJREEl-
I VWI
Z o o vi o 0 > f 7RANSPORTAT/ON CORR/DOR
J o y REC. NO. 2004—OOB/679
2 1 \.
U !] N
C7 rLo
3 � 33w il Q
m Z � N
o ° 0) 0
o o ro 0 o Z � Lawrence S. Pepek — on beholf of King Surveyors, Inc.
L M z z z aW z Lj n Colorado Registered Professional
J W Land Surveyor #33642
W > NOTE: This exhibit drawing Is not intended to be o monumented land
Z � J v survey. It's sole purpose is as a graphic representation to aid In the
U visualization of the written property description which it accompanies.
----]M The written property description supersedes the exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E Garden Drive I \Vindsor,(i)Iorado 80550 DATE: 5-1 8-09
phone: (970)686- 011 j fax: (970)686-5821 CLIENT: INTERWEST
www.kingsurvcyors.com DWG: 2008036EXH_TE3
EXHIBIT "C"
Page 5 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE4 Arbor Plaza, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "C"
Page 6 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE4
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE4 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 600 square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Lot 1 of Amigos at Arbor Plaza
P.U.D. recorded August 24, 1993 at Reception No. 1993060636 records of
the Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Commencing at the Northeast corner of Section 2, T.6N. , R.69W. of the
6th P.M. ; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 283.43
feet; THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 60.00 feet to the Northeast corner of the said Lot 1 and
to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE. along the East line of said Lot 1 , South 00 degrees 46
minutes 17 seconds West for a distance of 10.00 feet;
2. THENCE South 89 degrees 48 minutes 12 seconds West for a
distance of 60.01 feet;
3. THENCE North 00 degrees 46 minutes 17 seconds East for a
distance of 10.00 feet to the North line of said Lot 1 ;
4. THENCE along the said North line, North 89 degrees 48 minutes 12
seconds East for a distance of 60.01 feet to the POINT OF
BEGINNING.
The above described tract contains 600 square feet (more or less) and
is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
EXHIBIT "C"
Page 7 of 8
Basis of Beazings: Considering the North line of the said Northeast
Quarter of Section 2, T.6N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
GISTfg.4
I.
ej
0.3
2
0.4
(C
LAWRENCE S. PEPEK RAT) S. 33642
On behalf of KING SUR %C.
650 E. CARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "C"
Page 8 of 8 LOCATION
PARCEL NO. TE4 g SECTION 2, T.6N., R.69W,
NORTHEAST CORNER,
NORTH QUARTER CORNER SECTION 2, T.6N., R.69W.
SECTION 2, T.6N., R.69% FOUND 2" PIPE WITH 2 1/2"
FOUND 2 3/8' PIPE WITH ALUMINUM CAP STAMPED DB & CO
3 1/4" ALUMINUM CAP ILLEGIBLE LS XXXXX AND 19B4 IN MON. BOX
4SET IN MONUMENT BOX
(BASIS OF BEARING) HARMONY.ROAD
SB9'48'12"W 2650.65'
283.43'
2366.62'
I
S00'l 1'48"E
60.00,
60'ROW POINT 0! i
BEGINNING i
i
L4
!S'UT/L� /TY — — —"�L' /S'
E4SEMENT _— — __-- EASEl1ENT_ _— _
-- - — L2- -
� q
PARCEL NO. TE4 In
600 Sq.Ft. Q In
Q q
LOT 1
AA060SAT � 04
ARL7OR PLAZA P.U.D. O
REC.NO. 1997060636
LINE TABLE
LINE BEARING ILENGTH
Ll S00'46'17"W 10.00'
L2 S89-48'12"W 60.01'
L3 NOO'46'17"E 10.00'
L4 N89'48'12"E 60.01'
Lawrence S. Pepek — on behalf of King Surveyors, Inc. f
Colorado Registered Professional
Land Surveyor #33642 50 25 0 50
NOTE: This exhibit drawing Is not intended to be a monumented
land survey. It's sole purpose Is as a graphic representation to
aid in the visualization of the written property description which it 1"= 50'
accompanies. The written properly descriptlon supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E.Garden Drive I Windsor,Colorado 80550 DATE: 5-18-09
phone:(970)686-5011 I fax:(970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH_TE4
EXHIBIT "D"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
TO BE ACQUIRED
FROM
Parcel No. 5 Pearse Investment Group, LLLP
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
F
EXHIBIT "D"
Page 2 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: 5
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of lard being Parcel No. 5 Of the Department of
Transportation, State of Colorado; Project No. STU M455-077,
containing 1 ,830 square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Tract A of Soundtrack at Arbor Plaza
P_U_D, recorded October 05, 1989 at_ Reeeption No. 1989045928 records
of the Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Commencing at the Northeast corner of Section 2, T.6N. , R_69W. of the
6th P.M. ; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 116.64
feet; THENCE South 00 degrees • 11 minutes 48 seconds East for a
distance of 60.00 feet to the North line of the said Tract A and to
the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
1 . THENCE along the said North line, South 48 degrees 22 minutes 10
seconds East for a distance of 41 .37 feet;
2. THENCE North 73 degrees 00 minutes 33 seconds West for a
distance of 54.56 feet;
3. THENCE North 88 degrees 34 minutes 55 seconds West for a
distance of 97.53 feet;
4. THENCE North 82 degrees 02 minutes 40 seconds West for a
distance of 48. 51 feet to the West line of said Tract A;
5. THENCE along the said West line, North 00 degrees 46 minutes 17
seconds East for a distance of 1 .84 feet to the North line of
said Tract A;
6. THENCE along the said North line, North 89 degrees 48 minutes 12
seconds East for a distance of 166.78 feet to the POINT OF
BEGINNING.
EXHIBIT "D"
Page 3 of 8
The above described tract contains 1 ,830 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record.
Basis of Bearings: Considering the North line of the said Northeast
Quarter of Section 2, T. 6N. , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & Co PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pipe with a
3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
�tsre,gFo
O
5 E.PkPi
:a
LA14RENCE S. PEPEK CO 33642
on behalf of KING SURVEYO C.
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "D"
PARCEL NO. 5 Page 4 of 8 LOCATION
9 SECTION 2, T.6N., R.69W.
NORTH QUARTER CORNER NORTHEAST CORNER
SECTION 2, T.6N.. R.69W. SECTION 2, T.6N., R.69W,
FOUND 2 3/8" PIPE WITH FOUND 2" PIPE WITH 2 1/2"
3 1/4" ALUMINUM CAP ILLEGIBLE ALUMINUM CAP STAMPED DB & CO
SET IN MONUMENT BOX (BASIS OF BEARING) LS XXXXX AND 1984 IN MON. 80X
S89'48'12"W 2650.05'
2533.41' — — 116.64'
FIARMONYROAD
PARCEL NO. 5 SDD'11'48"E
1,1330 sq.ft. POINT OF I 60.00'
BEGINNING I
N89048'12"E 166.78' t
J '
L3 !7 w
——. — — — —N8834'55"W 97.53' _ —
L?
t /5'UAl/TY
EASEMENT
I W �
LOTI i a
SOUNDTRACKAT
ARBOR PLAZA P.U.D I i I " O
REC.NO. I99.9 0 4592 8 ] I V
TRAi A
SOUAMAVACKAT I O
ARBOR PLAZA P,U.D. I
REC. NO I96904.592N 20'ORA/NAG'E& I I I
PARK/NC. ACCESS, /RRICAT/ON EASEMENT
UT/C/TY& ORA/NAC£ REC NO. 99022309
EASEMENT . I
50 25 0 50
1 50'
Lawrence S. Pepek — on behalf of King Surveyors, Inc. LINE TABLE
Colorado Registered Professional LINE BEARING LENGTH
Land Surveyor #33642 LI S48'22'10"E 41.37'
NOTE: This exhibit drawing is not intended to be a monumanted L2 N73'00'33"W 54.56'
land survey. It's sole purpose Is as a graphic representation to L3 82'02'40"W 48.51'
old In the visualization of the written property description which It L4 N00'46'17"E 1,84'
accompanies. The written property description supersedes the
exhibit drowing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
050 E.Garden Drive I Windsor,Colorado 80550 DATE: 5-18-09
phone: (970)686-5011 1 tax:(970)686-5821 CLIENT: INTERWEST
www.kingsurvcyors.com DWG: 2008036EXH_5
EXHIBIT "D"
Page 5 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE5 Pearse Investment Group, LLLP
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "D"
Page 6 of 8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TES
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE5 Of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 3,562 square feet (more or less) , located in the Northeast
Quarter of Section 2, Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in Tract A of Soundtrack at Arbor Plaza
P.U.D. recorded October 05, 1989 at Reception No. 1§89045928 records
of the Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Commencing at the- Northeast corner of Section 2, T.6N. , R_69W. of the
6th P.M. ; THENCE along the North line of the said Northeast Quarter,
South 89 degrees 48 minutes 12 seconds West for a distance of 116.64
feet; THENCE South 00 degrees 11 minutes 48 seconds East for a
distance of 60.00 feet to the North line of the said Tract A; THENCE
along the said North line, South 48 degrees 22 minutes 10 seconds East
for a distance of 41 . 37 feet to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
1 . THENCE continuing along the said North line, South 48 degrees 22
minutes 10 seconds East for a distance of 23.23 feet to the East
line of said Tract A;
2. THENCE along the said East line, South 00 degrees 37 minutes 46
seconds West for a distance of 170.69 feet;
3. THENCE South 89 degrees 52 minutes 53 seconds West for a
distance of 6.00 feet;
4. THENCE North 00 degrees 37 minutes 46 seconds East for a
distance of 153.46 feet;
5. THENCE North 48 degrees 22 minutes 10 seconds West for a
distance of 43. 14 feet;
6. THENCE' North 73 degrees 00 minutes 33 seconds West for a
distance of 34.22 feet;
EXHIBIT "D"
Page 7 of 8
7. THENCE North 88 degrees 34 minutes 55 seconds West for a
distance of 144. 19 feet to the West line of said Tract A;
8. THENCE along the said West line, North 00 degrees 46 minutes 17
seconds East for a distance of 15. 52 feet;
9 . THENCE South 82 degrees 02 minutes 40 seconds East for a
distance of 48.51 feet;
10. THENCE South 88 degrees 34 minutes 55 seconds East for a
distance of 97.53 feet;
11 . THENCE South 73 degrees 00 minutes 33 seconds East for a
distance of 54.56 feet to the POINT OF BEGINNING.
The above described tract contains 3,562 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the North line of the said Northeast
Quarter of Section 2, T.6N_ , R.69W. of the 6th P.M. as bearing South
89 degrees 48 minutes 12 seconds West between a found 2" pipe with a
2.5" aluminum cap, DB & Co PLS illegible and 1984 in monument box at
the Northeast corner of said Section 2 and a found 2 3/8" pipe with a
. 3.25" aluminum cap, PLS illegible in monument box at the North Quarter
corner of said Section 2, being a Grid Bearing of the Colorado State
Plane Coordinate System, North Zone, North American Datum, 1983/2007.
o•i `L
J'.
LAWRENCE S. PEPEK pRADO P_U(D 33642
on behalf of KING S RS,,.•I7
650 E. GARDEN DRIVE SS`ONA�
WINDSOR, CO 80550
EXHIBIT "D"
PARCEL NO, TE5 Page 8 Of 8 LOCATION
SECTION 2, T.6N., R.69W.
NORTH QUARTER CORNER
SECTION 2, T.6N., R.69W. NORTHEAST CORNER
"/�J�4-
8" PIPE WITH SECTION 2, T.6N., R.69W.
INUM CAP ILLEGIBLE FOUND 2" PIPE WITH 2 1/2"
MENT BOX ALUMINUM CAP STAMPED DB do CO
(BASIS OF BEARING) LS XXXXX AND 1984 IN MON. BOX
S89'48'12"W 2650.05
— ' 116.64'
2533.41' i
HARMONYROAD 60,I?OI SOO'11'48"E
60.00,
If 548'22'10"E
�L8 1 41.37'
I
POINT OF
—� '1 BEGINNING I
15,UT/L/TY L5 L4
EASEMENT
PARCEL NO. TF'5
3,562 sq.ft.
GOT/
SOUNDTRA CAA T I II ton O
AKBOKPLA7AP.U.D.
n
R6C.NO 19.95W5928 I ^II ROW
TRACTA I i YAR/ES
SOUNDTRACKAT i w�
ARBOR PLAZA P.U.D. `
RF,C.NO. IPS9045929
PARK/NG, ACCESS, �`I
UT/LIl-Y& DRAINAGE p0 ORA/NAGS& I a
EASEMENT 1RR1CA770N EASEMENT --I Z
F REC. NO. 8902230E
I
60 30 0 60
lz
1 60'
LINE TABLE
LINE BEARING LENGTH
L1 S48'22'10"E 23.23'
L2 S89'52'53"W 6.00,
L3 N48'22'10"W 43.14'
L4 N73'00'33"W 34.22'
Lawrence S. Pepek — on behalf of King Surveyors, Inc. L5 N88'34'55"W 144.19'
Colorado Registered Professional L6
Land Surveyor #33642 N00'46'17"E 15.5 '
L7 S82'02'40"E 48.51'
NOTE: This exhibit drawing is not intended to be a monurnented L8 388'34'55"E 97.53'
land survey. It's sole purpose Is as a graphic representation to L9 S73'00'33"E 54.56'
aid in the visualization of the written property description which it
accompanies. The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E. Garden Drive I Windsor,Colorado SOW DATE: 5-18-09
phone: (970)686-5011 I fax:(970)686-5821 CLIENT: INTERWEST
In www.ki n8su rveyors.com DWG: 2008036 EX H_TE5
EXHIBIT "E"
Page 1 of 8
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
TO BE ACQUIRED
FROM
Parcel No. 6 115 East Harmony Road, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "E"
Page 2of8
PROJECT NUMBER: STU M455-077
PARCEL NUMBER: 6
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of• land being Parcel No. 6 of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 2, 140 square feet (more or less) , located in the Northwest
Quarter of Section 1 , Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Warranty Deed recorded June 01 , 2005 at Reception No. 20050044293
records of the Clerk and Recorder of the said Larimer County, being
more particularly described as follows;
Commencing at the Northwest corner of Section 1 , T.6N. , R.69W. of the
6th P.M. ; THENCE along the North line of the said Northwest Quarter,
North 89 degrees 46 minutes 00 seconds East for a distance of 353.43
feet; THENCE South 00 degrees 14 minutes 00 seconds East for a
distance of 70.00 feet to the Northeast corner of the said tract
described at Reception No. 20050044293 and the TRUE POINT OF BEGINNING
OF THIS DESCRIPTION;
1 . THENCE along the East line of the said tract, South 00 degrees
45 minutes 00 seconds West for a distance of 5.46 feet;
2. THENCE South 87 degrees 39 minutes 01 seconds West for a distance
of 109.46 feet;
3. THENCE South 89 degrees 46 minutes 00 seconds West for a
distance of 143.99 to the North line of the said tract;
a_ THENCE along the said North line, North 44 degrees 56 minutes 00
seconds East for a distance of 13.47 'feet;
5. THENCE continuing along the said North line, North 89 degrees 46
minutes 00 seconds East for a distance of 243.92 feet to the
POINT OF BEGINNING.
The above described tract contains 2, 140 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record.
EXHIBIT "E"
Page 3of8
Basis of Bearings: Considering the North line of the said Northwest
Quarter of Section 1 , T.6N. , R.69W. of the 6th P.M. as bearing North
89 degrees 46 minutes 00 seconds East between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northwest corner of the said Section 1 and a found #6 rebar with a
3.25" aluminum cap monument, PLS 33642 in monument box at the North
Quarter corner of the said Section 1 , being a Grid Bearing of the
Colorado State Plane Coordinate System, North Zone, North Amefican
Datum, 1983/2007.
P�Ci1�Yr�F
./ O.C n2V
. ..........
LAWRENCE S. PEPEK L.S. 33642
On behalf of KING SUR INC_
650 E. GARDEN DRIVE
WINDSOR, CO 80550
EXHIBIT "E"
Page 4 of 8 LOCATION
PARCEL N0. 6 SECTION 1, T.6N., R.69W.
NORTHWEST CORNER NORTH QUARTER CORNER
SECTION 1, T.6N., R.69W', HARMONYRO D SECTION 1, WITH 1/4"
FOUND ff6 REBAR WITH 3 1/4'
FOUND 2" PIPE WITH 2 1/2" ALUMINUM CAP STAMPED LS 33642
ALUMINUM CAP STAMPED OB & CO (BASIS OF BEARING) SET IN MONUMENT BOX
LS XXXXX AND 1984 IN MON. BOX N89'46'00"E 2648.68'
— — 353,43' — ��
22 5.25,
PARCEL NO. 6 SOD 14'OD"E
2,140 sq.Ft. 70.00'
10'MOUNTAIN STATES 70'ROdY
7EZEP1101&-& 7EZEORA101I CO POINT OF
RIG11T—Or—{Y.4Y& EASEMENT BEGINNING
1 REC. NO. 87027757 N89'46'00"E 243.92'
.... 87=3s Ds"w 109 46-
1 Sas-46'DD'w T 1 a3ss' — ———— —— — — — —— —
7. Z
20'PERMANENT 35'ACCESS OPENINO
UTILITY EASEMENT BOOK 1876, PAGE 6'B1
1491 PACE 297
—
— — — — ————— —— —— — — —— ——
a ` ' SO' TEMPORARY
a CONS7RUCTION EASEMENT
BOOK 1461, PACE 297
V I
I ,
E—�
J I WARRANTYDEED -
O ( REC NO,2001FOO44293
I
LINE TABLE
LINE BEARING ILENGTH
U 500'45'00"W 5.46'
L2 N44'56'00"E 13.47'
Lawrence S. Pepek — on behalf of King Surveyors, Inc.
Colorado Registered Professional 50 25 C 50
Land Surveyor- 133642
NOTE: This exhibit drawing is not intended to be a 1 50'
monumented land survey. It's safe purpose is as a
graphic representation to aid in the visualization of
the written property description which it accompanies.
The written prooerty description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E.Garden Drive I Windsor,Colorado 80550 DATE: 5--18-09
phone:(970) 686-5011 1 fax:(970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: 2008036EXH_6
EXHIBIT "E"
Page 5 of 8
COLORADO. DEPARTMENT OF TRANSPORTATION
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
FROM
Parcel No. TE6 115 East Harmony Road, LLC
FOR
Project Number: STU M455-077 Harmony Road
College / Harmony Intersection Project Code: 16136
City of Fort Collins Transportation Division
EXHIBIT "E"
Page 6of8
i PROJECT NUMBER: STU M455-077
PARCEL NUMBER: TE6
PROJECT CODE: 16136
DATE: May 05, 2009
LEGAL DESCRIPTION
A tract of land being Parcel No. TE6 of the Department of
Transportation, State of Colorado, Project No. STU M455-077,
containing 7 ,002 square feet (more or less) , located in the Northwest
Quarter of Section 1 , Township 6 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said tract is also located in that certain tract of land described
in a Warranty Deed recorded June 01 , 2005 at Reception No_ 20050044293
records of the Clerk and Recorder of the said Larimer County, being
more particularly described as follows;
Commencing at the Northwest corner of Section 1 , T.6N_ , R.69W. of the
6th P.M. ; THENCE along the North line of the said Northwest Quarter,
North 89 degrees 46 minutes 00 seconds East for a distance of 353.43
feet; THENCE South 00 degrees 14 minutes 00 seconds East for a
distance of 70.00 feet to the Northeast corner of the said tract
described at Reception No. 20050044293; THENCE along the East line of
the said tract, South 00 degrees 45 minutes 00 seconds West for a
distance of 5.46 feet to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
1 . THENCE continuing along the said East line, South 00 degrees 45
minutes 00 seconds West for a distance of 29.55 feet;
2. THENCE South 89 degrees-- 46 minutes OU seconds West for a
distance of 278.52 feet to the North line of the said tract
described at Reception No. 20050044293;
3. THENCE along the said North line, North 44 degrees 56 minutes 00
seconds East for a distance of 36.17 feet;
4. THENCE North 89 degrees 46 minutes 00 seconds East for a
distance of 143.99 feet;
5. THENCE North 87 degrees 39 minutes 01 seconds East for a
distance of 109.46 feet to the POINT OF BEGINNING.
EXHIBIT "E"
Page 7 of 8
The above described tract contains 7,002 square feet (more or less)
and is subject to all easements and rights of ways now existing or of
record. This temporary easement is for construction of roadway
facilities.
Basis of Bearings: Considering the North line of the said Northwest
Quarter of Section 1 , T.6N. , R.69W. of the 6th P.M. as bearing North
89 degrees 46 minutes 00 seconds East between a found 2" pipe with a
2.5" aluminum cap, DB & CO PLS illegible and 1984 in monument box at
the Northwest corner of the said Section 1 and a found #6 rebar with a
3.25" aluminum cap, PLS 33642 in' monument box at the North Quarter
corner of the said Section 1 , being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum,
1983/2007.
PE STeRF
OO,•'
OJ
LAWRENCE S. PEPEK -S�eOLORADQ-' s. 33642
on behalf of KING MRY.00R , C.
RDE 650 E. GAN DRIVE
WINDSOR, CO 80550
EXHIBIT "E"
PARCEL N0. 7E6 Page 8 of 8 LOCATION
SECTION 1, T.6N., R.69W.
NORTH QUARTER CORNER
NORTHWEST CORNER SECTION 1, T.6N.. R.69W.
SECTION 1, T.6N-, R.69W. HARMOIVYROAD FOUND #5 REBAR WITH 3 1/4"
FOUND 2" PIPE WITH 2 1/2" ALUMINUM CAP STAMPED LS 33642
ALUMINUM CAP STAMPED D8 & CO (BASIS OF BEARING) SET IN MONUMENT BOX
LS XXXXX AND.1984 IN MON. BOX N89'46'00"E 2648.68'
—353,43'
Jf i 22 5.25,
i
S0014'00'E I
70.00'
10',W011NTA/N STATES PARCEL NO. T£6 70'ROP� 1
IT7EP110NE& TELEGRAPH CO 7,002 Sq.Ff. i
R/CHT—OF—WAY& EASEMENT POINT OF
REC. NO. 870277.57 — —
BEGINNING
GINNING
N89'46'00"E 143.99'
- ---- - --- - --- - ------
t
�--
-
—'- -
S89'46'00"W 278.52
- - —— — —
C—C-ES—S --
- - - --- — — ——
I a 0 PERl14NFNT 75 A OPEN/NC
77L17Y E,4SEY1NT BOOK 1879 PAGE 881
O BOOK 1481, PAGE 297 50' 7EMPORARY
V I CONS7RN0I701V EASE,f1ENT
802f 1481, PAGE 297
I
I 13'ARRANTYDEED
Q I REC.MO.200.50049293
I
LINE TABLE
LINE BEARING LENGTH
Li S00'45'00"W 5.46'
L2 S00'45'00`W 29.55'
L3 N44'56'00"E 36.17'
Lawrence S. Pepek — on behalf of King Surveyors, Inc.
Colorado Registered Professional 50 25 0 50
Land Surveyor #33642
NOTE: This exhibit drawing Is not intended to be a 1"= 50'
monumented land survey. It's sole purpose Is as o
graphic representation to aid in the visualization of
the written property description which it accompanies.
The written property description supersedes the
exhibit drawing.
KING SURVEYORS, INC. PROJECT NO: STU M455-077
650 E,. C-arden Drive I Windsor,Colorado 80550 DATE: 5-1 8-09
phone: (970)686-5011 I fax:(970)686-5821 CLIENT: INTERWEST
w%vw.kingsurveyors.com DWG: 2008036EXH_TE6