HomeMy WebLinkAbout129 - 10/18/2011 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PU ORDINANCE NO. 129, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS
RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT
WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project")is scheduled for
construction in 2012; and
WHEREAS,the Project involves the construction of a five-mile, north-south byway which
extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South
Transit Center); and
WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete
paving, retaining walls, curb and gutter, and drainage and utility improvements; and
WHEREAS,the Project will greatly enhance north-south transportation through the City and
is expected to serve as a catalyst for economic growth and long-term development; and
WHEREAS, it is necessary for the City to acquire certain property rights (the "Properties")
hereinafter described on Exhibits"A"through"N", attached hereto and incorporated herein by this
reference (the "Exhibits"), for the purpose of constructing the Project; and
WHEREAS, the City will continue to negotiate in good faith for the acquisition of the
Properties from the owners of the Properties; and
WHEREAS,the acquisition of the Properties 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 acquisition of the Properties 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 in the
public interest to acquire the Properties described on the Exhibits for the purpose of the Mason
Corridor Bus Rapid Transit Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Properties for the City by eminent domain.
Section 3. The City Council hereby finds that, if acquisition by eminent domain is
commenced, immediate possession of the Properties will be necessary.for the public health, safety
and welfare.
Introduced, considered favorably on first reading, and ordered published this 4th day of
October, A.D. 2011, and to be presented for final passage on the 18th day of October, A.D. 2011.
e
MayoATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on the 18th day of October, A.D. 2011.
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ATTEST: F FORT
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City Clerk •'
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Exhibit "A" Page 1 of 5
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
BIG D PROPERTIES, A CO-PARTNERSHIP PROPERTY TO BE DEDICATED TO
THE CITY OF FORT COLLINS
A Temporary Construction Easement located in the southeast auarter
of Section 26, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in the plat of Poudre Valley
Motors, a plat of record with the Clerk and Recorder of the said
Larimer County, being more particularly described as follows;
Considering the east line of the said southeast quarter of Section
26 as bearing South 00 degrees 22 minutes 01 seconds West between
a 3" Aluminum Cap Monument, PLS 20123, at the east quarter corner
and a 2 . 5" Aluminum Cap Monument, PLS 14823, at the southeast
corner of Section 26, based upon G. P. S . observations and the City
of Fort Collins coordinate system, and with, all bearings contained
herein relative thereto;
Commencing at the said east quarter corner of Section. 26;
THENCE along the north line of the southeast quarter of the
said Section 26, North 89 degrees 37 minutes 04 seconds West for a
distance of 50 . 00 feet;
THENCE leaving the said north line, South 00 degrees 22
minutes 01 seconds West for a distance of 75 . 00 feet to the
easterly extension of the northerly line of the said plat of Poudre
Valley Motors;
THENCE along the said extended line and along the said
northerly line of Poudre Valley Motors, North 89 degrees 39 minutes
59 seconds West for a distance of 450 . 00 feet;
THENCE continuing along the said northerly line, South 64
degrees 42 minutes 41 seconds West for a distance of 281 . 30 feet to
the easterly right of way of • McClelland Drive (previously named
Mason Street) as shown on the said plat of Poudre Valley Motors;
THENCE along the said easterly right of way, along a non-
tangent curve to the left having a radius of 6416.26 feet a central
angle of 00 degrees 25 minutes 38 seconds and an arc length of
47 . 86 feet, being subtended by a chord of South 04 degrees 02
minutes 54 seconds West for a distance of 47 . 86 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said easterly right of way, along
a curve to the left having a radius of 6416. 26 feet central angle
of 00 degrees 16 minutes 06 .seconds and an arc length of 30 . 05
feet, being subtended by a chord of South 03 degrees 42 minutes 01
seconds West for a distance of 30 . 05 feet;
THENCE leaving the said easterly right of way, non-tangent
from the previous curve, South 86 degrees 26 minutes 02 seconds
East for a distance of 9 . 53 feet;
Page 1 of 2
Exhibit "A" Page 2 of 5
THENCE South 01 degrees 10 minutes 33 seconds West for a
distance of 62 . 02 feet.;
THENCE North 86 degrees 59 minutes 18 seconds West for a
distance of 11. 82 feet to the said easterly right of way;
THENCE along the said easterly right of way, along a non-
tangent curve to the left having a radius of 6416. 26 feet central
angle of 00 degrees 16 minutes 05 seconds and an arc length of
30 . 03 feet, being subtended by a chord of South 02 degrees 52
minutes 40 seconds West for a distance of 30 . 03 feet;
THENCE leaving the said easterly right , of way, non-tangent
from the previous curve, South 87 degrees 15 minutes 23 seconds
East for .a distance of 24 . 00 feet;
THENCE along a non-tangent curve to the right having a radius
of 6392 . 26 feet central angle of 01 degrees 05 minutes 27 seconds
and an arc length of 121 . 70 feet, being subtended by a chord of
Norte: 03 degrees 17 minutes 21 seconds East for a distance of
121. 70 feet;
THENCE non-tangent from the previous curve, North 86 degrees
09 minutes 56 seconds West for a distance of 24 . 00 feet to the
point of beginning. Containing 2, 261 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The •description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 ,4�`�a®9eaia4esa�gs®yd�ae
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Page 2 of 2
Exhibit "A" Page 3 of 5
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE BIG D PROPERTIES, A
CO-PARTNERSHIP PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS
A tract of land located in the southeast quarter of Section 26,
Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, La-rimer County, Colorado, the said easement
is also located in the plat of Poudre Valley Motors, a plat of
record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the east line of the said southeast quarter of Section
26 as bearing South 00 degrees 22. minutes 01 seconds West between
a 3" Aluminum Cap Monument, PLS 20123, at the east quarter corner
and a 2 . 5" Aluminum Cap Monument, PLS 14823, at the southeast
corner of Section 26, based upon G. P. S. observations and the City
of Fort Collins coordinate system, and with all bearings contained
herein relative thereto;
Commencing at the said east quarter corner of Section 26;
THENCE along the north line of the southeast quarter of the
said Section 26, North 89 degrees 37 minutes 04 seconds West for a
distance of 50 . 00 feet;
THENCE leaving the said north line, South 00 degrees 22
minutes 01 seconds West for a distance of 75 . 00 feet to the
easterly extension of the northerly line of the said plat of Poudre
4
Valley Motors;
THENCE along the said extended . line and along the said
northerly line of Poudre Valley Motors, North 89 degrees 39 minutes
59 seconds West for a distance of 450 . 00 feet;
THENCE continuing along the said northerly line, South 64
degrees 42 minutes 41 seconds West for a distance of 281 . 30 feet to
the easterly right of way of McClelland Drive (previously named
Mason Street) as shown on the said plat of Poudre Valley Motors;
THENCE along the said easterly right of way, along a non-
tangent curve to the left having a radius of 6416. 26 feet a central
angle of 00 degrees 41 minutes 45 seconds and an arc length of
77 . 91 feet, being subtended by a chord of South 03 degrees 54
minutes 51 seconds West for a distance of 77 . 91 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the .said easterly right of way, along
a curve to the left having a radius of 6416. 26 feet a central angle
of 00 degrees 33 minutes 16 seconds and an arc length of 62 . 08
feet, being subtended by a chord 'of South 03 degrees 17 minutes 20
seconds West for a distance of 62 .08 feet;
THENCE leaving the said easterly right of way, nor.-tangent
from the previous curve, South 86 degrees 59 minutes 18 seconds
East for a distance of 11. 82 feet;
THENCE North 01 degrees 10 minutes 33 seconds East for a
Page 1 of 2
Exhibit "A" Page 4 of 5
distance of 62 . 02 feet;
THENCE North 86 degrees 26 minutes 02 seconds West for a
distance of 9 . 53 . feet to the point of beginning. Containing 665
square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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Page 2 of 2
EXHIBIT A
E 1/4 CORNER
26-7-69
AuORry urvE OF L 1
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ALPROPOSED L"U
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TRACT
TO BE U F0 0fo
DEEDE665 SQ. FT.
L5
Li
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Q PROPOSED
z TEMP, CONST.
,": ESM'T,
Q U . . . . 2,261 SO. FT.
J
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2-
Course Bearing Distance Curve Radius Length Delta
L1 N 89°37'04' W 50,00' C1 6416.26' 47,86' 0*25138'
L2 S 00°22'01' W 75,00' C2 6416.26' 30,05' 0°16'06'
L3 N 89*39159' W 450.00' C3 6416,26' 62,08' 0°33'16'
L4 S 64'42'41' W 281,30' C4 6416,26' 30.03' 0°16'05'
L5 S 86°26'02' E 9,53' C5 6392,26' 121.70' 1005'27'
L6 N 86'59'18' W 11.82'
L7 S 87"15'23' E 24,00'
L8 N 86°09'56' W 24,00' . N
L9 N 01°10'33' E 62,02'
Exhibit "B" Page 1 of 2
DESCRIPTION OF A TEMPORARY CONS^_RUCTION EASEMENT TO BE ACQUIRED
FROM MOS, A COLORADO LIMITED LIABILITY COMPANY
A Temporary Construction Easement located in the southeast quarter
Section 11 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lots 22, 23, and 24 of Block 112 of the
Original Plat of the Town of Fort Collins, a plat of record with
the Clerk and Recorder of the said Larimer County, the said
easement is also located in that certain tract of land as described
in a Warranty Deed recorded February 19, 1993 at Reception No.
93010281, records of the said Clerk and Recorder, being more
particularly described as follows;
The West 20 . 40 feet of the South 45 . 30 feet of the said Lot 22
TOGETHER WITH:
The West 20 . 40 feet of the said Lot 23
FURTHER TOGETHER WITH:
The West 20 . 40 feet of the North 14 . 70 feet of the said Lot 24
Containing a total of 2, 244 square feet more or less .
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 VPGEC'RA/6M��!���a
.- SGkSTeR
17497 �+
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Page 1 of 1
EXHIBIT B N
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13 ' JUNE 7, 2011
NTS
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WEST 155' OF LOT 21
BLOCK 112 G
0
20,40'
1 WEST 142.5' OF LOT 22
' ;o BLOCK 112
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PROPOSED WEST 142.5' OF LOT 23
110.0' X 20.4' BLOCK 112
TEMP, C❑NST,
ESM'T.
2,244 SO. FT.
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Y�
20.40'
WEST 142.5' OF LOT 24
BLOCK 112
1 1
❑LIVE ST,
(100 ' ROW)
1
Exhibit "C" Page 9 of 2
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED
FROM JERRY KING AKA JERRY H. LIPPSON
A Temporary Construction Easement located in the northeast quarter
Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian_, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lot 3 of Block 105 of the Harrison' s
Addition to the Town of Fort Collins, a plat of record with the
Clerk and Recorder of the said Larimer County, the said easement is
also located in that certain tract of land as described in a Quit
Claim Deed recorded February 26, 1992 at Reception No. 92009703,
records of the said Clerk and Recorder, being more particularly
described as follows;
The East 8 . 10 feet of the South 103 . 20 feet of the north 119 . 60
feet of the said Lot 3 Block 105.
Containing 836 square feet more or less .
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion_. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 eae99aaAaddaa.
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Page 1 of 1
EXHIBIT "C"
N
i I
JUNE 9, 2011
NTS
I I
MULBERRY ST.
(100 ' ROW)
NORTHEAST CORNER
�OF LOT 3 BLOCK 105
I�
o PROPOSED I
rNi 6.10' X 103.20'
TEMP. C❑NST.
M ESM'T,
10 0 0 836 SQ, FT.
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47 m 2 I
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Exhibit "D" Page 1 of 2
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED
FROM ABS 1 LLC, A COLORADO LIMITED LIABILITY CO.
A Temporary Construction Easement located in the northeast quarter
Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lot 3 and a portion of the vacated
alley all located in Block 106 of the Harrison' s Addition to the
Town of Fort Collins, a plat of record with the Clerk and Recorder
of the said Larimer County, the said easement is also located in
that certain tract of land as described in a Warranty Deed recorded
March 9, 2006 at Reception No. 20060017151 records of the said
Clerk and Recorder, being more particularly described as follows;
The East 8 . 00 feet of the South 22 . 40 feet said tract described at
Reception No. 20060017151.
Containing 179 square feet more or less .
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497 oevase�e�s"asrraa°°g°
P.O. BOX 580 FORT COLLINS, CO 80522 a�>>® pGE,C .4f&�✓rr
QV •• cGISiE'q••. SC`s.
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S� -T SUR1154pcv
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Page 1 of 1
A COLORADO LIMITED . LIABILITY CO .
EXHIBIT "D"
N
JUNE 9, 2011
NTS
TRACT DESCRIBED AT I PROPOSED
RECEPTION NO. 22.4' X 8.0'
20060017151 I TEMP, CONST.
8.00 ESM'T.
;- 1 179 SQ, FT.
N
N
SOUTHEAST CORNER
OF LOT 3 BLOCK 106
VACATED ALLEY
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Exhibit "E" Page 1 of 2
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED
FROM CSA 1 LLC, A COLORADO LIMITED LIABILITY CO.
A Temporary Construction Easement located in the northeast quarter
Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lot 1 and a. portion of the vacated
alley all located in Block 106 of the Earrison' s Addition to the
Town of Fort Collins, a plat of record with the Clerk and Recorder
of the said Larimer County, the said easement is also located in
that certain tract of land as described in a Warranty Deed recorded
March 9, 2006 at Reception No. 20060017148 records of the said
Clerk and Recorder, being more particularly described as follows;
The East 8 . 00 feet of the said tract described at Reception No.
20060017148 .
Containing 480 square feet more or less .
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 `91ygBl9BlS9igp��
0e`�o®® ...r.....a6�,
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17497
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Page 1 of 1
A COLORADO LIMITED LIABILITY CO .
EXHIBIT "E"
N
JUNE 9, 2011
NTS
1
VACATED ALLEY
NORTHEAST CORNER
OF LOT 1 BLOCK 106 I
_ I
TRACT DESCRIBED AT o 1
RECEPTION NO. o
20060017148
PROPOSED
60.0' X 8.0' 1
TEMP. C❑NST.
8.00'1 ESM'T.
480 SQ. FT.
I I
/ 106 I I
01
I I
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I Al ID 71 TED T
Exhibit 7" Page 1 of 2
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED
FROM KULL REAL ESTATE INVESTMENTS, LLC
A Temporary Construction Easement located in the northeast quarter
Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lot 1 of Block 106 of the Harrison' s
Addition to the Town of Fort Collins, a plat of record with the
Clerk and. Recorder of the said Larimer County, the said easement is
also located in that certain tract of land as described in a Quit .
Claim Deed recorded August 17, 1999 at Reception No. 99073422,
records of the said Clerk and Recorder, being more particularly
described as follows;
The East 8 . 00 feet of the North 47 . 30 feet of the said tract
described at Reception No. 99073422 .
Containing 378 square feet more or less .
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 `iee`d�Q��e�saasa¢;�;9d
�� ?a�
ao e��CRA1Di
%s�q �A1u
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Page 1 of 1
EXHIBIT
N
JUNE 9, 2011
NTS
� I
VACATED ALLEY l
l I
I I
I I
8.00,
ZR PA
TRACT DESCRIBED AT r)
RECEPTION NO. c PROPOSED
99073422 47,3' X 8.0'
TEMP, C❑NST.
ESM'T.
378 SO, FT.
1
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LAUREL STREET
THIS SKETCH AND THE AREAS
Exhibit "G" Page 9 of 6
DESCRIPTION OF P TRACT OF LAND LOCATED ON THE BANKCENTER GROUP,
LLC PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A tract of land located in the northeast quarter of Section 23,
Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, La-rimer County, Colorado, the said tract is
also located in that certain_ tract of land described in a Bargain
and Sale Deed recorded February 6, 2001 at Reception No. 2001008514
records of the Clerk and Recorder of the said Larimer County, being
more particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 687 . 79 feet to the easterly line of that certain tract
of land described in a Deed recorded July 15, 2010 at Reception No.
20100040563 records of the said Clerk and Recorder;
THENCE along the said easterly line, North 06 degrees 17
minutes 43 seconds East for a distance of 130 . 80 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE leaving the said easterly line, North 06 degrees 47
minutes 37 seconds East for a distance of 93 . 38 feet to the north
line of the said tract described at Reception No. 2001008514;
THENCE along the said north line, North 89 degrees 23 minutes
41 seconds West for a distance of 35. 67 feet to the west line of
the said tract described at Reception No. 2001008514;
THENCE along the said west line, South 06 degrees 29 minutes
53 seconds West for a distance of 89 . 72 feet to the north line of
the said tract described at Reception No. 20100040563;
THENCE along the said north line, South 83 degrees 30 minutes
07 seconds East for a distance of 35 . 00 feet to the point of
. beginning. Containing 3, 226 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previouslx recorded
plats and deeds and not upon a actual field surveya. ,%%% tE9CA/G��'��o'
WALLACE C. MUSCOTT COLORADO P.L. S . 17497 S7FgFosnt--
P.O. BOX 580 FORT COLLINS, CO 80522
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Exhibit "G" Page 2 of 6
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
BANKCENTER GROUP, LLC PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
A Temporary Construction Easement located in the northeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in that certain tract of land
described in a Bargain and Sale Deed recorded February 6, 2001 at
Reception No. 2001008514 records of the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 634 . 05 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said south line, North 89 degrees
22 minutes 14 seconds West for a distance of 14 . 00 feet to the east
line of an existing Temporary Construction Easement as granted to
the said City of Fort Collins July 15, 2010. at Reception No.
20100040565 records. of the said Clerk and Recorder;
THENCE along the said east line, North 06 degrees 29 minutes
53 seconds East for a distance of 44 . 96 feet;
THENCE continuing along the said east line, North 83 degrees
30 minutes 07 seconds West for a distance of 25 . 00 feet;
THENCE continuing along the said east line, North 06 degrees
29 minutes 53 seconds East for a distance of 176. 6S feet to the
north line of the said tract described at Reception No. 2001006514;
THENCE along the said north line, South 89 degrees 23 minutes
41 seconds East for a distance of 135 . 88 feet;
THENCE leaving the said north line, South 00 degrees 36
minutes 19 seconds West for a distance of 73 . 92 feet;
THENCE North 89 degrees 36 minutes 38 seconds West for a
distance of 127 . 69 feet;
THENCE South 00 degrees 01 minutes 51 seconds West for a
distance of 21 . 76 feet;
THENCE North 89 degrees 58 minutes 09 seconds West for a
distance of 9. 04 feet.-
THENCE South 00 degrees 22 minutes 51 seconds West for a
distance of 72 . 96 feet;
THENCE along a curve to the left having a radius of 7 . 50 feet
a central angle of 89 degrees 26 minutes 20 seconds and an arc
Page 1 of 2
Exhibit "G" Page 3 of 6
length of 11 . 71 feet,. being subtended by a chord of outh 44
degrees 20 minutes 19 seconds East for a distance of 10 . 55 feet;
THENCE South 89 degrees 03 minutes 29 seconds East for a
distance of 8 . 55 feet;
THENCE South 00 degrees 02 minutes 28 seconds West for a
distance of 46. 30 feet to the point of beginning. Containing
12, 379 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
.plats and deeds and not upon a actual field survey.
WALLACE C. MJSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522 `aee��aGt�cC'RAlg� '09���
s Q••e y
W _ C
17497
6 2-Of
Page 2 of 2
Exhibit "G" Page 4 of 6
DESCRIPTION OF AN AREA OF SHARED PARKING LOCATED ON THE
BANKCENTER GROUP, LLC PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
An area of Shared Parking located in the northeast quarter of
Section 23, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
area is also located in that certain tract of land described in a
Bargain and Sale Deed recorded February 6, 2001 at Reception_ No.
2001008514 records of the Clerk and Recorder of the said Larimer
County, being more particularly described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument 'at the center quarter corner of
Section 23, based upon G. P. S. observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723 . 44 feet to the west line of the said tract
described at Reception No. 2001008514;
THENCE along the west line, North 06 degrees 29 minutes 53
seconds East for a distance of 224 . 17 feet to the north line of the
said tract described at Reception No. 2001008514;
THENCE along the said north line, South 89 degrees 23 minutes
41 seconds East for a distance of 61 . 92 feet to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said north line, South 89 degrees
23 minutes 41 seconds East for a distance of 119. 23 feet;
THENCE leaving the said north line, South 00 degrees 36
minutes 19 seconds West for a distance of 2,0 . 00 feet;
THENCE North 89 degrees 23 minutes 41 seconds West for a
distance of 147 . 64 feet to the east line of the proposed tract of
land to be deeded to the said City of Fort Collins;
THENCE along the said proposed line, North 06 degrees 47
minutes 37 seconds East for a distance of 10 . 06 feet,-
THENCE leaving the said proposed line, South 89 decrees 23
minutes 41 seconds East for a distance of 27 . 33 feet,-
THENCE North 00 degrees 36 minutes 19 seconds East for a
distance of 10 . 00 feet to the point of beginning. Containing 2, 663
square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct ' to the best of my professional knowledge, belief
Page 1 of 2
Exhibit "G" Page 5 of 6
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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Page 2 of 2
EXHIBIT "G"
PROPOSED
TRACT TO BE-
DEEDED TO CITY
4,673 SQ. FT. PROPOSED
SHARED
PARKING
EXISTING TRASH ENCLOSURE 2,663 SQ. FT,
K
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PROPOSED
a TEMP. C❑NST,
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EXISTING UTILITY EASEMENT
E 1/4 CORNER
23-7-69
Sly CORNED LOT 3
B4V,r ENTER SOl/,9IFE F/!'ST F/LING
N
Exhibit "H" Page 1 of 3
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE JAMES P. AND ANN
WATTERSON PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS
A Tract of Land located in the northeast quarter of Section 23,
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 Special
Warranty Deed recorded November 29, 2001 at Reception No.
2001108083 (Parcel I and Parcel II) records of the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Considering the south line of the northeast quarter of the said
Section 23 as /bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Can Monument at the center quarter corner of
Section 23, based upon G. P. S . observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the south line of the northeast quarter of the
said Section 23, North 89 degrees 22 minutes 14 seconds West for a
distance of 723 . 44 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 0,6 degrees 29
minutes 53 seconds East for a distance of 224 . 17 feet to the south
line of the said tract described at Reception No. 2001108083, and
to the TRUE POINT OF BEGINNING of this description;
THENCE along the said south line, South 89 degrees 23 minutes
41 seconds East for a distance of 35. 67 feet;
THENCE leaving the said south line, North 00 degrees 23
minutes 21 seconds East for a distance of 70 . 31 feet;
THENCE along a non-tangent curve to the left having a radius
of 21. 00 feet a central angle of 29 degrees 55 minutes 30 seconds
and an arc length of 10 . 97 feet, being subtended by a chord of
North 08 degrees 27 minutes 52 seconds West for a distance of 10. 84
feet;
THENCE along a curve to the right having a radius of 19 . 00
feet a central angle of 23 degrees 14 minutes 45 seconds and an arc
length of 7 . 71 feet, being subtended by a chord of North 11 degrees
48 minutes 15 seconds West for a distance of 7 . 66 feet;
THENCE along a curve to the left having a radius of 152 . 33
feet a central angle of 18 degrees 52 minutes 08 seconds and an arc
length of 50 . 17 feet, being subtended by a chord of North 09
degrees 36 minutes 57 seconds West for a distance of 49. 94 feet;
THENCE along a non-tangent curve to the right having a radius
Page 1 of 2
Exhibit "H" Page 2 of 3
of 32 . 40 feet a central angle of 59 degrees 27 minutes 41 seconds
and an arc length of 33 . 62 feet, being subtended by a chord of
North 06 degrees 16 minutes 34 seconds West for a distance of 32. 14
feet;
THENCE non-tangent from the previous curve, North 06 degrees
29 minutes 53 seconds East for a distance of 66. 98 feet to the
north line of the said tract described at Reception No. 2001108083;
THENCE along the said north line, North 89 degrees 20 minutes
01 seconds West for a distance of 1 . 84 feet to the said east right
of way of the BNSF Railway;
THENCE along the said east right of way, South 06 degrees 29
minutes 53 seconds West for a distance of 237 . 43 feet to the point
of beginning. Containing 3, 768 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497 ��e�taelylelr�e�
P.O. SOX 580 FORT COLLINS, CO 80522 ,,SCR/G' G���>✓
,
Pam. AEOIST�r,�'�.otS'C�
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Page 2 of 2
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EXHIBIT "H"
EXIST/NG 15'
UT/L/7Y EASEiL/ENT
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EXISTING UTILITY ESMT. N
PER R# 20100040560 �
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TRACT TO BE I
DEEDED TO CITY o
3,768 SO, FT. ,
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S011171 L/NE/F 20011D8D8T
EXISTING UTILITY ESMT.
PER R# 20100040560
CENTER 1/4 CORNER E 1/4 CORNER
23-7-69 23-7-69
N
Exhibit T' Page 1 of 3
DESCRIPTION OF THREE AREAS OF SHARED PARKING LOCATED ON THE BOWL
FORT COLLINS, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY
TO BE GRANTED TO THE CITY OF FORT COLLINS
Three areas of shared parking located in the northeast quarter of
Section 35, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
areas are also located in that certain tract of land as described
in a Quit Claim Deed recorded April 11, 2007 at Reception No.
20070027092 (Parcel B) records of the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the north line of the northeast quarter of the said
Section 35 as bearing North 89 degrees 43 minutes 38 seconds West
between a 2 . 5" Aluminum Cap Monument, PLS 14823, at the northeast
corner and a 3" Aluminum Cap Monument, PLS 20123, at the north
quarter corner of Section 35, based upon G. P. S. observations and
the City of Fort Collins coordinate system, and with all bearings
contained herein relative thereto;
Commencing at the northeast corner of the said Section 35;
THENCE along the north line of the northeast quarter of the
said Section 35, North 89 degrees 43 minutes 38 seconds West for a
distance of 893 . 13 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, South 01 degrees 03
minutes 52 seconds West for a distance of 419. 90 feet to the
southwest corner of the said tract described at Reception No .
20070027092;
THENCE along the south line of the said tract described 'at
Reception No. 20070027092, South 89 degrees 43 minutes 35 seconds
East for a distance of 49. 08 feet to the easterly line of the
proposed tract of land to be deeded to the said City of Fort
Collins;
THENCE along the said easterly line, North 00 degrees 16
minutes 25 seconds East for a distance of 4 . 04 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE leaving the said easterly line, South 89 degrees 03
minutes 34 seconds East for a distance of 171 . 00 feet;
THENCE North 00 degrees 56 minutes 26 seconds East for a
distance of 14 . 00 feet;
THENCE North 89 degrees ` 03 minutes 34 seconds West for a
distance of 171 . 16 feet to the said easterly ,line of the proposed
tract of land to be deeded to the said City of Fort Collins;
THENCE . along the said easterly line, South 00 degrees 16
minutes 25 seconds West for a distance of 14 -00 feet to the point
of beginning. ' Containing 2, 395. square feet more or less .
TOGETHER WITH:
Page 1 of 2
Exhibit 'T' Page 2 of 3
With the above described basis of bearings and commencing at the
above described southwest corner of the said tract described at
Rece-otion No. 20070027092;
THENCE along the south line of the said tract described at
Reception No. 20070027092, South 89 degrees 43 minutes 35 seconds
East for a distance of 160 . 39 feet;
THENCE leaving the said south line, North 00 degrees 16
minutes 25 seconds East for a distance of 44 . 42 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE South 88 degrees 04 minutes 36 seconds East for a
distance of 36. 00 feet;
THENCE North 01 degrees 55 minutes 24 seconds East for a
distance of 36. 00 feet;
THENCE North 88 degrees 04 minutes 36 seconds West for a
distance of 36. 00 feet;
THENCE South 01 degrees 55 minutes 24 seconds West for a
distance of 36. 00 feet to the point of beginning. Containing 1, 296
square feet more or less .
FURTHER TOGETHER WITH:
With the above described basis of bearings and commencing at the
above described southwest corner of the said tract described at
Reception No. 20,070027092;
THENCE along the south line of the said tract described at
Reception No. 20070027092, South 89 degrees 43 minutes 35 seconds
East for a distance of 219 . 65 feet;
THENCE leaving the said south line, North 00 degrees 16
minutes 25 seconds East for a distance of 43 . 86 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE South 88 degrees 23 minutes 52 seconds East for a
distance of 38 . 00 feet;
THENCE North 01 degrees 36 minutes 08 seconds East for a
distance of 63. 00 feet;
THENCE North 88 degrees 23 minutes 52 seconds West for a
distance of 38 . 00 feet;
THENCE South 01 degrees 36 minutes 08 seconds West for a
distance of 63. 00 feet to the point of beginning. Containing 2, 394
square feet more or less .
The above described areas contain a total of 6, 085 square feet more
or less and are subject to all easements and rights of ways now
existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previo recorded
FS
plats and deeds and not upon a actual field surve °��� ,,ee
e Q t EGISTFq•.• � ' :.
WALLACE C. MUSCOTT COLORADO P.L. S . 17 4 9 7 3 a Leo �C:tiJc./Cx�'
P.O. BOX 580 FORT COLLINS, CO 80522 _ 17497 s
Page 2 of 2 °iLG j s
�,�i,,�,yO nOapL
SHARED PARKING AREAS
EXH BFr "P>
N 1/4 CORNER NE CORNER
35-7-69 / 3355-7-69
HORSETOOTH ROAD
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L PROPOSED PROPOSED
SHARED PARKING SHARED PARKING / O
/ AREA 2 AREA 3
36' X 36' 63' X 38' %
1,296 SO. FT. 2,394 SQ. FT.
E.Y/S7. FENCE SPACES:
ARDUNO 711E SAND
PROPOSED liOLLEYBALL AREA\ SPACES: I
TRACT TO BE \
...........
DEEDED TO CITY
............ .................
100' RAILWAY ROW \\
S<Y CORNER,
TRACT DESCR/BED A7
R�20D700270.92
PROPOSED
SHARED PARKING
AREA 1
171' X 14'
2,395 SO. FT.
AUGUST 18, 2011
Exhibit "J" Page 1 of 3
DESCRIPTION OF TWO AREAS OF SHARED PARKING LOCATED ON -THE
FOOTHILLS ASSEMBLY OF GOD PROPERTY TO BE DEDICATED TO THE CITY OF
FORT COLLINS
Two areas of Shared Parking located in the southeast quarter of
Section 26, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
areas are also located in the Tract A of the plat of South Meadow-
Lark Heights-Third Filing, a plat of record with the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Considering the east line of the said southeast quarter of Section
26 as bearing South 00 degrees 22 minutes 01 seconds West between
a 3" Aluminum Cap Monument, PLS 20123, at the east quarter corner
and a 2 . 5" Aluminum Cap Monument, PLS 14823, at the southeast
corner of Section 26, based upon G. P. S. observations and the City
of Fort Collins coordinate system, and with all bearings contained
herein relative thereto;
Commencing at the said east quarter corner of Section 26;
THENCE along the north line of the southeast quarter of the
said Section 26, North 89 degrees 37 minutes 04 seconds West for a
distance of 1005 . 29 feet to the westerly right of way of the BNSF
Railway;
THENCE along the said westerly right of way, South 02 degrees
04 minutes 57 seconds West for a distance of 1. 91 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said westerly right of way, South
02 degrees 04 minutes 57 seconds West for a distance of 10 . 01 feet;
THENCE continuing along the said westerly right of way, along
a curve to the left having a radius of 34477 . 47 feet a central
angle of 00 degrees 18 minutes 25 seconds and an arc length of
184 . 67 feet, being subtended by a chord of South 01 degrees 55
minutes 47 seconds West for a distance of 164 . 67 feet; f
THENCE leaving the said westerly right of way, non-tangent
from the previous curve, South 62 degrees 52 minutes 30 seconds
West for a distance of 32 . 50 feet;
THENCE North 02 degrees 37 minutes 20 seconds East for a
distance of 196. 00 feet;
THENCE North 62 degrees 52 minutes 30 seconds East for a
distance of 29. 82 feet to the point of beginning. Containing 5, 285
scuare feet more or less .
TOGETHER WITH:
With the above described basis of bearings :
Page 1 of 2
Exhibit "J" Page 2 of 3
Commencing at the said east quarter corner of .Section 26;
THENCE along the north line of the southeast quarter of the
said Section 26, North 89 degrees 37 minutes 04 second's West for a
distance of distance of 1053. 83 feet;
THENCE leaving the said north line, South 00 degrees 22
minutes 56 seconds West for a distance of 4 . 96 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE South 02 degrees 13 minutes 25 seconds West for a
distance of 163. 00 feet;
THENCE North 87 degrees 46 minutes 35 seconds West for a
distance of 16. 00 feet;
THENCE North 02 degrees 13 minutes 25 seconds East for a
distance of 163 . 00 feet;
THENCE South 87 degrees 46 minutes 35 seconds East for a
distance of 16. 00 feet to the point of beginning. Containing 2, 608
square feet more or less .
The above described tract contain a total of 7 , 893 square feet more
of less, and are subject to all easements and rights of ways now
existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
oo•,�e$aE CPaUGae�3�,A,J�
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Exhibit "K" Page 1 of 3
DESCRIPTION .OF AN AREA OF SHARED PARKING AGREEMENT LOCATED ON THE
CARMIKE FORT COLLINS, LTD. PROPERTY TO BE GRANTED TO THE CITY OF
FORT COLLINS
An area for a Shared Parking Agreement located in the northeast
quarter .of Section 35, Township 7 North, Range 69 West, Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said area is also located in Lot 1 of the Plat of Park South
Commercial Plaza Minor Subdivision, a Plat of record with the Clerk
and Recorder of the said Larimer County, being more particularly
described as follows;
Considering the north line of the northeast quarter of the said
Section 35 as bearing South 89 degrees 43 minutes 38 seconds East
between a 3" Aluminum Cap Monument LS 20123 at the north quarter
corner and a 2 . 5" Aluminum Cap Monument LS 14823 at the northeast
corner of Section 35, based upon G. P. S . observations and the City
of Fort Collins coordinate system, and with all bearings contained
herein relative thereto;
Commencing at the north quarter corner of the said Section 35;
THENCE along the north line of the said northeast quarter,
South 89 degrees 43 minutes 38 seconds East for a distance of
1503 . 30 feet;
THENCE leaving the said north line, South 00 degrees 16
minutes 22 seconds West for a distance of 30 . 00 feet;
THENCE South 35 degrees 44 minutes 58 seconds East for a
distance of 24 . 73 feet to the northeast corner of the said Lot 1;
THENCE along the north line of the said Lot 1, North 89
degrees 43 minutes 38 seconds West for a distance of 107 . 00 feet to
the southwesterly line of the New Mercer Canal Ditch Easement as
shown on the said plat;
THENCE along the said southwesterly line, South 45 degrees 07
minutes 53 seconds East for a distance of 238 . 00 feet;
THENCE continuing along the said southwesterly line, along a
curve to the right having a radius of 93 . 82 feet, a central angle
of 46 degrees 11 minutes CO .seconds and an arc length of 75 . 62
feet, being subtended by a chord of South 22 degrees 02 minutes 23
seconds East for a distance of 73 . 59 feet;
THENCE continuing along the said southwesterly line, South 01
degrees 03 minutes 07 seconds West for a distance of 14 . 76 feet;
THENCE leaving the said southwesterly line, North 88 degrees
56 minutes 53 seconds West for a distance of 16. 55 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE South 00 degrees 03 minutes 20 seconds East for a
distance of 279 . 00 feet;
THENCE South 89 degrees 56 minutes 40 seconds West for a
distance of 22 . 00 feet;
PAGE 1 OF 2
Exhibit "K" Page 2 of 3
TF.ENCE North 00 degrees 03 minutei` 20 seconds West for a
distance of 279 . G0 feet;
THENCE North 89 degrees 56 minutes 40 seconds East for a
distance of 22 . 00 feet to the point of beginning. Containing 6, 138
square feet more less .
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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vl� 0�;CO
PAGE 2 OF 2
EXHMIT "K"
N 1/4 CORNER NE CORNER
35-7-69 WEST H❑RSET❑❑TH ROAD 35/-7-69
e- - � f- - - - - - - - - - -
NE CORRNOF LOT 1\
\
\
.4 4SON 7R9NSP01,F7-471O1V
COfTR/DOR 7R41L EASEiLfENT
I
I
I
I
I
I
I
PROPOSED I
SHARED PARKING
279' X 22' ''�"
';�; i RAILWAY ROW
6,138 SQ. FT.
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CO1J1-H
PARK PEA
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Exhibit "L" Page l of 4
DESCRIPTION OF AN ACCESS EASEMENT LOCATED ON THE DAVID ZISSU 58,
LLC AND THE DAVID ZISSU 35, LLC PROPERTY TO BE GRANTED TO THE
CITY OF FORT COLLINS
An Access Easement located in the southeast quarter of Section 23,
Township 7 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the . said easement
is also located in Lot 1 of the plat of Whole Foods Center, a plat
of record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the north line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S . observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner of the said Section 23;
THENCE along the north line of the southeast quarter •of the
said Section 23, (the said north line of the southeast quarter is
also the north line of the said Lot 1) North 89 degrees 22 minutes
14 seconds West for a distance of 70 . 00 feet to the westerly right
of way of South College Avenue;
THENCE along the said westerly right of way, South 00 degrees
23 minutes 38 seconds West for a distance of 206. 16 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said easterly right of way, South
00 degrees 23 minutes 38 seconds West for a distance of 5. 00 feet
to the easterly extension of the tangent portion of the north line
of Lot 2 of the said plat of Whole Foods Center;
THENCE along the said extended line, and along the said north
line of Lot 2 and its westerly extension, North 89 degrees 24
minutes 46 seconds West for a distance of 305 . 17 feet to a line
which is 5. 00 feet, more or less, westerly of and parallel with the
existing back of the curb along the easterly side of the existing
building on the said Lot 1;
THENCE along the said parallel line and continuing along a
line which is 5 . 00 feet more or less westerly and southerly of the
existing back of the curb along the easterly and northerly side of
the existing building the following seven (7 ) courses and
distances, (1) North 00 degrees 39 minutes 16 seconds East for a
distance of 51 . 15 feet;
(2) along a non-tangent curve to the left having a radius of
10 . 00 feet a central angle of 90 degrees 09 minutes 58 seconds, and
Page 1 of 3
Exhibit "L" Page 2 of 4
an arc length of 15 . 74 feet, being subtended by a chord of North 44
decrees 16 minutes 51 seconds West for a distance of 14 . 16 feet;
(3) non-tangent from the previous curve, North 89 degrees 21
minutes 40 seconds West for a distance of 168 . 14 feet;
(4 ) along a non-tangent curve to the right having a radius of
37 . 00 feet a central angle of 90 degrees 40 minutes 17 seconds, and
an arc length of 58 . 55 feet, being subtended by a chord of North 45
degrees 02 minutes 45 seconds West for a distance of 52 . 63 feet;
(5) non-tangent from the previous curve, North 00 degrees 10
minutes 19 seconds East for a distance of 13. 16 feet;
(6) along a non-tangent curve to the left having a radius of
4 . 50 feet, a central angle of 89 degrees 11 minutes 19 seconds, an
arc length of 7 . 00 feet, being subtended by a chord of North 44
degrees 25 minutes 20 seconds West for a distance of 6. 32 feet;
(7) continuing along the said parallel line and its westerly
extension, non-tangent from the previous curve, North 89 degrees 17
minutes 21 seconds West for a distance of 102 . 63 feet to the
easterly line of that certain tract of land as described in a
Special Warranty Deed recorded May 27, 2011 at Reception No.
20110032597 records of the said Clerk and Recorder, Exhibit "F";
THENCE along the said easterly line, North 06 degrees 17
minutes 43 seconds East for a distance of 5 . 02 feet to the westerly
extension of the said back of curb;
THENCE along the said extended line, and more or less along
the said back of curb the following seven (7) courses and
distances, (1) South 89 degrees 17 minutes 21 seconds East for a
distance of 102 . 14 feet;
(2) along a non-tangent curve to the right having a radius of
9 . 50 feet a central angle of 89 degrees 19 minutes 56 seconds, and
an arc length of 14 . 81 feet, being subtended by a chord of South 44
degrees 29 minutes 39 seconds East for a distance of 13 . 36 feet;
(3) non-tangent from the previous curve, South .00 degrees 10
minutes 19 seconds West for a distance of 13 . 16 feet;
(4) along a non-tangent curve to the left having a radius of
32 . 00 feet a central angle of 90 degrees 41 minutes 23 seconds, and
an arc length of 50 . 65 feet, being subtended by a chord of South 45
degrees 02 minutes 15 seconds East for a distance of 45 . 53 feet;
(5) non-tangent from the previous curve, South 89 degrees 21
minutes 40 seconds East for a distance of 168 . 22 feet;
(6) along a non-tangent curve to the right having a radius of
15 . 00 feet a central angle of 90 degrees 09 minutes 58 seconds, and
an arc length of 23 . 61 feet, being subtended by a chord of South 44
degrees 16 minutes 51 seconds East for a distance of 21. 24 feet;
(7) non-tangent from the previous curve, South 00 degrees 39
minutes 16 seconds West for a distance of 46. 13 feet;
THENCE leaving the said back of curb, South 89 degrees 24
minutes 46 seconds East for a distance of 300 . 15 feet to the point
of beginning. Containing 3, 601 square feet more or less .
Page 2 of 3
Exhibit "L" Page 3 of 4
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that 'the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
-plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 tCRA/gIMG�°
4. eo•• O�:�:
x l21,�l� e
ii7497
1pl�9�.Ho SURVE�.�. qP:%a
�OF
C0�s
Page 3 of 3
LOCATION SKETCH , ACCESS EASEMENT m
DAVID ZISSU 58 , LLC & DAVID ZISSU 35 , LLC
r
NGY C01'?NzW LOT 1
CENTER 1/4 CORNER dYHOLE FOODS CENTE/'
23-7-69 E 1/4 C
23-7-69
I
01 15 NlER
E
WNpGEGFppp C IgAERS£NCR i
Strap
r NTY LINE OF PROPOSED EASEMENT
IS ALONG THE EXIST. BACK OF CURB
r ALONG THE N'LY SIDE OF THE EXIST BUILDING
q
h
E%1511NC SIDEWALK
ry EXISTING BUILDING W
' Of? N1ER Q
Q I EASEMENT WNpcE�POSED Fpp05 pE W
16, 2011 3,601 SO. FT. L9
aI W
ITS �o ! J Gpl � CENrER
ElWNp�E FppDS (__l "
100' RAILWAY ROW I
I
HE AREAS
ATTACHED
ION ONLY,
:SENT A
)ARY SURVEY.
3ERV\BRT\ROW '
Exhibit "M" Page 1 of 2
DESCRIPTION OF A PERMANENT DRAINAGE EASEMENT LOCATED ON THE
PALMER 2109 S . COLLEGE, LLC, A COLORADO LIMITED LIABILITY COMPANY
PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
P. Permanent Drainage Easement located in the southeast quarter of
Section 23, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Tract E, of the plat of University
Shopping Center, a plat of record with the Clerk and Recorder of
the said Larimer County, being 'more particularly described as
follows;
Considering the north lire of the southeast quarter of the said
Section 23 as bearing North 89 degrees 22 minutes 14 seconds West
between a 2 . 5" Aluminum Cap Monument at the east quarter corner and
a 2 . 5" Aluminum Cap Monument at the center quarter corner of
Section 23, based upon G. P. S . observations and the City of Fort
Collins coordinate system, and with all bearings contained herein
relative thereto;
Commencing at the east quarter corner cf the said Section 23;
THENCE along the north line of the southeast auarter of the
said Section 23 , North 89 degrees 22 minutes 14 seconds West for
a distance of 70 . 00 feet to the northeast corner of the said Tract
E. and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line and along the
north line of the said Tract E, North 89 degrees 22 minutes 14-
seconds West for a distance of 125 . 00 feet to the northwest corner
of the said Tract E;
THENCE leaving the said north line and along the west line of
the said Tract E, South 00 degrees 23 minutes 38 seconds West for
a distance of 20 . 00 feet;
THENCE leaving the said west line, South 89 degrees 22 minutes
14 seconds East for a distance of 125. 00 feet to the east line of
the said Tract E;
THENCE along the said east line, North 00 degrees, 23 minutes
38 seconds East . for a distance of 20 . 00 feet to the point of
beginning. Containing 2, 500 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey ulllooas,;;.
ZE CRAIG
A WALT. CE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 _
17497
49
OF C O+-Oq r ;y
'l�i:lieei:�Et.
PALMER 2109 S . COLLEGE , LLC
EXHIBIT `iM"
CENTER E 1/4 CORNER
1/4 CORNER N 89°22'14• W 23-7-69
23-7-69
125,00'
70,00'
00
pp°23�p S 89022'14' E °F33
S 2p' 125.00' �Op, S F
ct E /NG SSNt SR
tRA SNOPP
PROOSED
DRAINAGE fir//VERSI t L-Li
EASEMENT >
2500 SQ. FT.
• Q
LLJ
l_D
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`Ot r cov W
WN��S
N
AUGUST 14, 2011
NTS
Exhibit "N" Page 1 of 6
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE DILLON COMPANIES,
INC. A KANSAS CORPORATION PROPERTY TO BE DEEDED TO THE CITY OF
FORT COLLINS
A tract of land located in- the southeast quarter of Section 23,
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 Tract 2 of the plat of K-Mart Plaza and in Tract 2
of the plat of Extention of K-Mart Plaza, both being plats of
record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as- bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner -of Section 23,
based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 732 . 56 feet to the southerly extension of the westerly
line of the said Tract 2 K-Mart Plaza;
THENCE along the said southerly extension, North 01 degrees 23
minutes 12 seconds East for a distance of 50 . 01 feet to the
southwest corner of the said Tract 2 K-Mart Plaza, and .to the TRUE
,POINT OF BEGINNING of this description;
THENCE along the said westerly line of Tract 2 K-Mart Plaza,
and along the westerly line of the said Tract 2 Extention of K-Mart
Plaza, North 01 degrees 23 minutes 12 seconds East for, a distance
Of 735 . 29 feet;
THENCE leaving the said westerly line, South 89 degrees 26
minutes 43 seconds East for a distance of 2 . 42 feet;
THENCE South 01 degrees 23 minutes 12 seconds West for a
distance of 705 . 83 feet;
THENCE South 88 degrees 53 minutes 38 seconds East for a
distance of 26. 75 feet;
THENCE South 01 degrees 42 minutes 27 seconds West • for a
distance of 29 : 21 feet to the northerly Right of Way of West Drake
Road;
THENCE along the said northerly Right of Way,. North 89 degrees
26 minutes 43 seconds West for a distance of 29. 02 feet to the
point of beginning. Containing 2,,563 square feet more or less .
Page 1 of 2
Exhibit "N" Page 2 of 6
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 �q`ggqqq991l06�tSb,Bg��,T
CRAIG
12��ii
..........
� SLAV
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OF COV a�,+:
0
�6i°''A�3iZESbE3i�§1+'''
Page 2 of 2
Exhibit "N" Page 3 of 6
DESCRIPTION OF P. PERMANENT ACCESS AND PARKING EASEMENT LOCATED ON
THE DILLON COMPANIES, INC. A KANSAS CORPORATION PROPERTY TO BE
DEDICATED TO THE CITY OF FORT COLLINS
A Permanent Access and Parking Easement located in the southeast
quarter of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Tract 2 of the plat of K-Mart
Plaza and in Tract 2 of the plat of Extention of K-Mart Plaza, both
being plats of record with the Clerk and Recorder of the said
Larimer County, being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P . S . observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 732 . 56 feet to the southerly extension of the westerly
line of the said Tract 2 K-Mart Plaza;
THENCE along the said southerly extension, North 01 degrees 23
minutes 12 seconds East for a distance of 50 . 01 feet to the
southwest corner of the said Tract 2 K-Mart Plaza;
THENCE along the south line of the said Tract 2 K-Mart Plaza,
South 89 degrees 26 minutes 43 seconds East for a distance of 29 . 02
feet to the TRUE POINT OF BEGINNING of this description;
THENCE leaving the said south line, North 01 degrees 42
minutes 27 seconds East for a distance of 29. 21 feet;
THENCE North 88 degrees 53 minutes 38 seconds West for, a
distance of 26 . 75 feet;
THENCE North 01 degrees 23 minutes 12 seconds East for a
distance of 705. 83 feet;
THENCE South 89 degrees 26 minutes 43 seconds East for a
distance of 45. 60 feet;
THENCE South 01 degrees 23 minutes 12 seconds West for a
distance of 492 . 79 feet;
THENCE South 88 degrees 36 minutes 48 seconds East for a
distance of 11 . 46 feet;
THENCE South 01 degrees 23 minutes 12 seconds West for a
distance of 242 . 34 feet to the said south line of Tract 2 K-Mart
Plaza;
THENCE along the said south line, North 89 degrees 26 minutes
Page 1 of 2
Exhibit 'W" Page 4 of 6
43 seconds West for a distance of 30 . 47 feet to the point of
beginning. Containing 35, 522 square feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522 kOs°"SCE CR4
BgFQ �� �
1749
Mimi
Page 2 of 2
Exhibit "N" Page 5 of 6
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE
DILLON COMPANIES, INC. A KANSASICORPORATION PROPERTY TO BE
DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement located in the southeast quarter
of Section 23, Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easement is also located in Tract 2 of the plat of
Extention of K-Mart Plaza, a plat of record with the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Considering the south line of the southeast quarter of the said
Section 23 as bearing North 89 degrees 26 minutes 43 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a 3"
Aluminum Cap Monument at the south quarter corner of Section 23,
based upon G. P. S . observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 23;
THENCE along the south line of the southeast quarter of the
said Section 23, North 89 degrees 26 minutes 43 seconds West for a
distance of 788 . 05 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 01 degrees 23
minutes 12 seconds East for a distance of 849 . 57 feet to the north
line of the said Tract 2 Extention of K-Mart Plaza;
THENCE along the said north line, South 89 degrees 29 minutes
41 seconds East for a distance of 55 . 49 feet to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said north line, South 89 degrees
29 minutes 41 seconds East for a distance of 30 . 00 fee` ;
THENCE leaving the said north line, South 01 degrees 23
minutes 12 seconds West for a distance of 64 . 34 feet;
THENCE North 89 degrees 26 minutes 43 seconds West for a
distance of 30 . 00 feet;
THENCE North 01 degrees 23 minutes 12 seconds East for a
distance of 64 . 32 feet to the point of beginning. Containing 1, 930
sauare feet more or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby stat e that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field sury 01111a111111eJB
AN CRAIG
WALLACE C. MUSCOTT COLORADO P.L. S . 17497 �Q` ;•PE�15TAFo,..cG� '
P.O. BOX 580 FORT COLLINS, CO 80522 C IaGO:es ('
E) HI TI' "N'
EX/SnNG'J67' PROPOSED
UT7L/7YEASZ4&,+/T TEMP. CONST.
ESM'T.
1,930 SQ. FT.
I I '
I
-, Z pF K,�Rr
r0 OE :..r.:.:.; X
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pEIOK 1605
IN B
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IK
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.:; ErrsnNc ao' N
zk�h I' 'I'"'' UT/L/lY EASEl1ENT
4...........:i
W�
........' JULY 28, 2011
NTS
100' RAILWAY ROW120
C:::I:.:•::1
m
PROPOSED
z ACCESS AND
PARKING ESMT.
35,522 SQ. FT,
J
r...:.;
PROPOSED
TRACT TO BE
DEEDED TO CITY
2,563 SQ. FT. :.:•{.'
f:.i.......
ogr
.�........I EY/ST/Nc 6'
'•:.L':•:•':' --UT/L/7Y EASE�1fENT
DRAKE ROAD
/ (EXISTING 50- ROW) / p
S 1/4 CORNER SE CORNER
23-7-69 23-7-69