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HomeMy WebLinkAbout054 - 05/17/2022 - APPROVING THE VACATION AND REDEDICATION OF FOUR PERMANENT UTILITY EASEMENTS LOCATED ON LOTS 2 AND 3ORDINANCE NO.054, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE VACATION AND REDEDICATION OF FOUR PERMANENT UTILITY EASEMENTS LOCATED ON LOTS 2 AND 3 OF THE LAKEVIEW ON THE RISE SUBDIVISION. WHEREAS, Pedcor Investments-2015-CLII, L.P. ("Pedcor") is the owner of certain real property in Larimer County, Colorado legally described as Lots 1, 2, and 3, Lakeview on the Rise Subdivision, Fort Collins, Colorado (the "Property"); and WHEREAS, Pedcor conveyed certain utility easements to the City by Deed of Dedication of Easement dated June 6, 2019, and recorded in the records of the Larimer County Clerk and Recorder on July 17, 2019, at Reception No. 20190040395 (the "Original Easements"), to provide additional utility easements outside of those specified on a 2017 plat of the Property; and WHEREAS, the Original Easements are described on Exhibit "A", attached and incorporated herein by reference; and WHEREAS, the utility equipment was installed but not entirely within the boundaries of the Original Easements; and WHEREAS, City staff, in coordination with Pedcor, has identified minor location changes to the Original Easements necessary to encompass the actual location of the utility equipment, including the addition of sixty-five foot long portion of easement and the widening of two other sections of easement (the "Replacement Easements"); and I IEREAS, a copy of the Deed of Dedication from Pedcor for the Replacement Easements is attached as Exhibit "B" and incorporated herein by reference; and WHEREAS, if the City Council approves the vacation of the Original Easements and acceptance of the Replacement Easements, the City will acquire an additional 12,190 square feet of utility easement in exchange for its vacation of its easement rights in portions of the Property not actually burdened by the utility equipment; and WHEREAS, City staff has recommended the City Council vacate the Original Easements and accept the rededication of the Replacement Easements by Pedcor; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the vacation of the Original Easements and acceptance of the Replacement Easements, on the terms and conditions described herein, is in the best interests of the City. Section 3. That the City Council hereby authorizes the Mayor to accept the Deed of Dedication for the Replacement Easements in substantially the form attached as Exhibit "B", together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City. Section 4. That the City Council hereby vacates, terminates and abandons the Original Easements more particularly described on Exhibit "A", effective as of the date that this Ordinance and the Deed of Dedication for the Replacement Easements have both been recorded in the records of the Larimer County Clerk and Recorder. Section 5. The City Council further authorizes the Mayor to execute such other documents as the City Manager, in consultation with the City Attorney, may determine are necessary or appropriate to further document the vacation, termination and abandonment of the Original Easements and acceptance of the Replacement Easements as described in this Ordinance. Introduced, considered favorably on first reading, ordered published this 3rd day of May, A.D. 2022, and to be presented for final passage on the 17th day May, A.D. 2022. ATTEST: City Clerk 6t� . �Al � • JAB i SE L : • �'�}j'i,itA� Passed and adopted on final reading day of May, A.D. 2022. °���T -� ATTEST: ..r� SEAL City Clerk C • a. R 0- �� � EXHIBIT A RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 4 of 8, $48.00 Angela Myers, Clerk & Recorder, Larimer County, CO PROPERTY DESCRIPTION UTILTIY EASEMENTS Four strips of land, 9 feet in width lying 4.5 feet each side of the described centerline, being a part of Lots 2 and 3 of Lakeview on the Rise Subdivision as recorded September 12, 2018 as Reception No. 20180056276 of the Records of Larimcr County, located in the Northwest Quarter (NW 114) of Section Thirteen (13), Township Six North (f.6N.), Range Sixty -Nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and the centerlines of said strips of land being more particularly described as follows: Utility Easement "I" COMM ENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 198312011, a distance of 621.17 feet with all other bearings contained herein relative thereto; THENCE South 00°29'23" East along said West line, a distance of 168.97 feet to the POINT OF BEGINNING; THENCE North 89130*37" East a distance of 161.20 feet to a point hereon referred to as POINT "A"; THENCE North 89°30'37" East a distance of41.17 feet to a point hereon referred to as POINT "B"; THENCE North 89°30'37" East a distance of 104.95 feet to a point hereon referred to as POINT "C"; THENCE North 89°30'37" East a distance of 110.76 feet; THENCE South 0012923" East a distance of 74.53 feet; THENCE South 89°30'37" West a distance of 40.59 feet; THENCE South 00*29*23" East a distance of 182.15 feet to a point hereon referred to as POINT "D"; THENCE South 00*29*23" East a distance of 205.01 feet to the South line of said Lot 2 and the POINT OF TERMINATION. Together with BEGINNING at the aforementioned POINT "A' TIIENCE North 00129'23" West n distance of 21.49 feet to the POINT OF TERMINATION. Together with BEGINNING at the aforementioned POINT "B"; THENCE South 00°29'23" East a distance of 87.87 feet to the POINT OF TERMINATION. Together with BEGINNING at the aforementioned POINT "C' TIIENCE South 00°29'23" East a distance of461.69 feet to the South line ofsaid Lot 2 and the POINT OF TERMINATION. Together with BEGINNING at the aforementioned POINT "D' TIIENCE North 89°30'37" East a distance of 67.42 feet to the POINT OF TERMINATION. Said described parcel of land contains 13,868 Square Feet or 0.318 Acres, more or less (t), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. Utility Easement 112" COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto; THENCE South 00°29'23" East along said West line, a distance of 384.86 feet to the POINT OF BEGINNING; TIIENCE North 89°30'37" East a distance of 25.43 feet to the POINT OF TERMINATION. Said described parcel of land contains 229 Square Feet or 0.005 Acres, more or less (t), and is subject to any rights -of -way or other easements of record or as now existing on said parcel of land. VAN 19054T DESCRIPTIONS�10180547EXI 1 dIc Pagel of 5 ' � � 38209 L LAt _ EXHIBIT A RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 5 of 8, $48.00 Angela Myers, Clerk & Recorder, Larimer County, CO Utility Easement "3" COMMENCING at the Northwest comer of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00129'23" Fast being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/201 1, a distance of 621.17 feet with all other bearings contained herein relative thereto; THENCE South 00°29'23" East along said West line, a distance of 231.92 feet to a line being the prolongation of the North line of said Lot 3; THENCE South 89°30'37" West along said prolongation a distance of 179.53 feet to the POINT OF BEGINNING; THENCE South 00°29'23" East a distance of 25.16 feet: THENCE South 89°30'37" West a distance of 24.71 feet to the POINT OF TERMINATION. Said described parcel of land contains 449 Square Feet or 0.010 Acres, more or less (t), and is subject to any rights -of --way or other casements of record or as now existing on said described parcel of land. Utility Easement "4" COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 621.57 feet with all other bearings contained herein relative thereto; THENCE South 00°29'23" East along said West line, a distance of 614.73 feet; T14ENCE South 89°53'37" West a distance of 64.68 feet to the East line of said Lot 3 and the POINT OF BEGINNING; T14ENCE South 89°53'37" West a distance of 83.70 feet to a point hereon referred to as POINT "E'; THENCE South 89°53'37" West a distance of 202.48 feet to the West line of said Lot 3 and the POINT OF TERMINATION; Together with BEGINNING at the aforementioned POINT "E"; THENCE North 00°06'23" West a distance of 67.38 feet; THENCE South 89°53'37" West a distance of 55.05 feet; THENCE North 70°31 *45" West a distance of 13.43 feet; THENCE South 89°53'37" West a distance of 134.54 feet to the West line of said Lot 3 and the POINT OF TERMINATION. Said described parcel of land contains 4,969 Square Feet or 0.114 Acres, more or less (f), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. The sidelines of said strips of land shall be lengthened or shortened so as to result in a continuous line through angle points and so as to terminate at lot lines and rights -of -way, also to terminate on a line drawn perpendicular to said centerline at the Point of Termination for the centerlines when not terminating at lot lines and rights -of -way. SURVEYORSSTATEMENT I, Paul B. Groves, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. o L Paul B. Groves -on behalf of r urveyors KING SURVEYORS Colorado Licensed Professional 650 East Garden Drive Land Surveyor #38209 Windsor, Colorado 80550 (970)686-5011 VA20180547.1)6CRIPTIONS,20180547EX11 doe Page 2 of 5 EXHIBIT A RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 6 of 8, $48.00 Angela Myers, Clerk & Recorder, Larimer County, CO EASEMENT EXHIBIT I EXHIBIT A I NW 1/4, SEC 13 T6N, R69W I PAGE 3 OF 5 I LOT1 unuTlr — — EASE]IFNT '1' I LORIEVLANE U11&y EASEMENT '3' p UTIUTr LOT r-EASEMENT '2' LAKEVJEI# ON THE RISE RE .20180056276 UTILITY '4' S 19NVEYBROOKROAD O �J7 — — — — h LOT3 I I I I I I I W SEC TR, T.6N., R.69W. 50 25 0 50 SCALE IN FEET SCALE: 1 "=50' Paul B. Groves — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor /38209 NOTE: This exhibit drawing is not intended to be a monumented land survey. Its 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. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) KING SURVEYORS DATE:5/ECT 5/201 80547 650 E. Garden Drive I Windsor. Colorado 80550 DATE:: Pedco019 CLIENT:Pedcor Investments, LLC phone (970) 686-501 1 I Paz: (970) 686-5821 DWG: 20180547EXH email: contaci@KingSumeyors.com KingSumeyors.com DRAWN: DRS CHECKED: PBG EXHIBIT A RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 7 of 8, S48.00 Angela Myers, Clerk & Recorder, Larimer County, CO EASEMENT EXHIBIT EXHIBIT A NW 1/4. SEC 13 T6N, R69W —POINT OF PAGE 4 OF 5 / COMMENCEMENT NW CORNER LOT 2 i� a m �o w M N Gl 0 POINT OF POINT OF TERMINATION POINT "A' E 161.20' N89'30'37"E 41.1 POINT 'B' POINT OF TERMINATION POINT OF BEGINNING UTILITY EASEMENT "2" 229 SQ.FT: POINT OF \ TERMINATION `—NB9'30'37"E 25.43' UTILITY 3'23"W 21.49' EASEMENT "I" 13,868 SQ.FT, MMgzaQ' 59'30'37"E 104.95' N89'30'37'E 110.76' POINT "C' S89'30'37"W 'W.59' C4 LOT2 CO 1 50 25 0 50 SCALE IN FEET SCALE: 1 "=50' i>Poot �P POINT OF POINT STOAEYBROOKRO.4D �aNT OF aNT OF TERMINATION ERMINATION NOTE: This exhibit draw;ng is not intended to be a monumenled land survey. Its sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The ,a 3809 written property description supersedes the exhibit ••• drawing. ssic yPs�•gJP NOTICE: According to Colorado low you must commence tigt any legal action based upon any deect in this survey first discover defect. LF�'`r within three years after you such In no event may any action based upon any defect in Paul B. Groves — On Behalf Of King Surveyors this survey be commenced more than ten years from Colorado Licensed Professional the date of the certification shown hereon. (13-80-105 Land Surveyor #38209 C.R.S. 2012) KING SURVEYORS PROJECT NO:20180547 DATE:5/15/2019 91 650 G. Garden Drive I Windsor. Colorado 80550 CLIENT' Pedcor Investments, LLC phone: (970) 686-501 I I fax: (970) 686-5821 DWG:20180547EXH email: cont.Lct@KingSurveyors.com DRAWN: DRS CHECKED: PBG EXHIBIT A RECEPTION #20190040395, 7/17/2019 3:40:30 PM, 8 of 8, $48.00 Angela Myers, Clerk & Recorder, Larimer County, CO EASEMENT EXHIBIT EXHIBIT A NW 1/4, SEC 13 T6N, R69W I PAGE 5 OF 5 POINT OF I COMMENCE IENT NW CORNE LOT 2 I LOT I I i m I H I w i•1 N Vl 8 v1 POINT OF LORIENj NE BEGINNIN O'29'23'E S89'30'37'W 179.53' SO25.16' UTILITY POINT OF EASEMENT "3" TERMINATION 449 7: SQd? N w S89'30'37'W 24.71' I {ago w i O N N I I LOT3 I w 4 I � I p I 50 25 0 50 I q SCALE IN FEET I � SCALE: 1"=50' I N70'31'45'W POINT OF 13.43' I TERMINATION _S89.53'37"W UTILITY EASEMENT "4" 4,969 SQ.FT. POINT POINT of �V BEGINNIN 83.70' S89'53'37 9'53'37'W 64.68' ' -POINT OF I 1N �pPPDO LicF2 B`�R •� NOTE: This exhibit drawing is not intended to be a C� • monumented land survey. Its sole purpose is as a graphic representation to old in the visualization of a) a)38f 9 the written property description which it accompanies. �• % 0 �/ The written property description supersedes the exhibit *� 7! drawing. �Ji ' • �`;' JQa �hAl•LHNO `� NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon Paul B. Groves — On Behalf Of King Surveyors any defect in this survey be commenced more than Colorado Licensed Professional ten years from the date of the certification shown Land Surveyor y3B209 hereon. (13-80-105 C.R.S. 2012) KING SURVEYORS PROJECT 280547 DATE:S/15/5/201019 (M 650 E. Garden Drive I Windsor, Colorado 80550 CLIENT: Pedcor Investments, LLC phone: (970) G86-5011 1 fax: (970) 686-5821 DWG• 20180547EXH email: conlaclQe KingSurveyors.com DRAWN: DRS CHECKED: PBG 07:11 11M DEED OF DEDICATION OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Pedcor Investments- 2015-CLII, L.P. ("Grantor"), being the owner of certain real property in Larimer County, Colorado legally described as Lots 1, 2 and 3, Lakeview on the Rise Subdivision, City of Fort Collins, County of Larimer, State of Colorado according to plat recorded September 12, 2018 at Reception No. 20180056276 in the Larimer County Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal Corporation ("City"), whose mailing address for purposes of this deed is P.O. Box 580, Fort Collins, CO 80522, for public use forever a permanent easement for the installation, operation and maintenance of public gas, phone, internet and electric utilities in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Easement"). The City's rights under the Easement include the right to install, operate, access, maintain, repair, reconstruct, remove and replace within the Easement public improvements consistent with the intended purpose of the Easement; the right to install, maintain and use gates in any fences that cross the Easement; the right to mark the location of the Easement with suitable markers; and the right to permit other public utilities to exercise these same rights. Grantor reserves the right to use the Easement for purposes that do not interfere with the full enjoyment of the rights hereby granted. The City is responsible for maintenance of its own improvements and for repairing any damage caused by its activities in the Easement, but by acceptance of this dedication, the City does not accept the duty of maintenance of the Easement, or of improvements in the Easement that are not owned by the City. Grantor will maintain the surface of the Easement in a sanitary condition in compliance with any applicable weed, nuisance or other legal requirements. Except as expressly permitted in an approved plan of development or other written agreement with the City, Grantor will not install on the Easement, or permit the installation on the Easement, of any building, structure, improvement, fence, retaining wall, sidewalk, tree or other landscaping (other than usual and customary grasses and other ground cover). In the event such obstacles are installed in the Easement, the City has the right to require the Grantor to remove such obstacles from the Easement. If Grantor does not remove such obstacles, the City may remove such obstacles without any liability or obligation for repair and replacement thereof, and charge the Grantor the City's costs for such removal. If the City chooses not to remove the obstacles, the City will not be liable for any damage to the obstacles or any other property to which they are attached. The rights granted to the City by this Deed inure to the benefit of the City's agents, licensees, permittees and assigns. [SIGNATURES ON FOLLOWING PAGE] 23107152.2 07:11 11M Witness our hands and seals this day of �A6j� 2021. Grantor: Pedcor Investments-2015-CLII, L.P. By: Fort Collins Housing Company, LLC, Its General Partner By: Pedcor Investments, Limi d Liability Company, Its Manager By:txecutive Vft-..... M. Houser, Vice Pres ent Name and Address: Pedcor Investments-2015-CLII, L.P. 770 Third Avenue, S.W. Carmel, Indiana 46032 ATTEST: By'. Title: VQ F'✓t an c C State of Indiana ) ) ss County of Hamilton ) The foregoing instrument was acknowledged before me this A6� day of OC 11 , 2021, by Jared M. Houser as Executive Vice President of Pedcor Investments, A Limited Liability Company, the Manager of Fort Collins Housing Company, LLC, which is the General Partner of Pedcor Investments-2015-CLII, L.P. Witness my hand and official seal. My commission expires: 11'L�I Notary Public �1pYIP �� CAITLIN BURGESS i a ��• �B�'% Notary Pyblic, State of Indiana =SEAL " Boone County * �• ♦� %gyp' . •t• c' Commission Number NP0719538 My Commission Expires p �rrr11111VO, April 02, 2027 23107152.2 07:11 11m City Acceptance ACCEPTED BY CITY: Date Jeni Arndt, Mayor ATTEST: City Clerk (Print Name) APPROVED AS TO FORM: Assistant City Attorney (Print Name) ONMI1 11M This Deed of Dedication of Easement is hereby acknowledged and agreed to by: MERCHANTS CAPITAL CORP., an Indiana corporation By: James E. Russell, Senior Vice President INTERNATIONAL CITY BANK By: Donald R. Neel, President UNITED FIDELITY BANK, fsb By: Donald R. Neel, President 23107152.2 07:11 11M This Deed of Dedication of Easement is hereby acknowledged and agreed to by: MERCHANTS CAPITAL CORP., an Indiana corporation 1.2 Nicole Swentek, Senior Vice President INTERNATIONAL CITY BANK By: A. R. Neel, President UNITED FIDELITY BANK, fsb By. Q t . Donald R. Neel, President 23107152.2 07:11 11m See Attached 23107152.2 07:11 11M PROPERTY DESCRIPTION UTILTIY EASEMENTS Four strips of land, being a part of Lots 2 and 3 of Lakeview on the Rise Subdivision as recorded September 12, 2018 as Reception No. 20180056276 of the Records of Larimer County, located in the Northwest Quarter (NW 1/4) of Section Thirteen (13), Township Six North (T.6N.), Range Sixty -Nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and the centerlines of said strips of land being more particularly described as follows: Utility Easement "1" COMMENCING at the Northwest comer of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto; THENCE South 00°29'23" East along said West line a distance of 153.47 feet to the POINT OF BEGINNING; THENCE North 89030'37" East a distance of 156.70 feet; THENCE North 00029'23" West a distance of 5.99 feet; THENCE North 89030'37" East a distance of 9.00 feet; THENCE South 00°29'23" East a distance of 5.99 feet; THENCE North 89030'37" East a distance of 256.89 feet to a point hereon referred to as POINT "A"; THENCE South 00029'23" East a distance of 94.53 feet; THENCE South 89030'37" West a distance of 35.59 feet; THENCE South 00029'23" East a distance of 173.15 feet; THENCE North 89030'37" East a distance of 57.92 feet; THENCE South 00029'23" East a distance of 9.00 feet; THENCE South 89130'37" West a distance of 57.92 feet; THENCE South 00°29'23" East a distance of 200.51 feet to the North Right -of -Way of Stoney Brook Road as dedicated by said Lakeview on the Rise Subdivision; THENCE South 89030'37" West along said North Right -of -Way a distance of 14.00 feet; THENCE North 00029'23" West a distance of 382.66 feet; THENCE South 89030'37" West a distance of 17.03 feet; THENCE North 00129'23" West a distance of 74.53 feet; THENCE South 89030'37" West a distance of 44.15 feet; THENCE South 00029'25" East a distance of 457.19 feet to the North Right -of -Way of Stoney Brook Road as dedicated by said Lakeview on the Rise Subdivision; THENCE South 89030'37" West along said North Right -of -Way a distance of 20.00 feet; THENCE North 00029'25" West a distance of 457.19 feet; THENCE South 89030'37" West a distance of 84.95 feet; THENCE South 00029'23" East a distance of 83.37 feet; THENCE South 89030'37" West a distance of 9.00 feet; THENCE North 00029'23" West a distance of 83.37 feet; THENCE South 89030'37" West a distance of 197.88 feet to the East Right -of -Way of Debra Drive as dedicated by said Lakeview on the Rise Subdivision; THENCE North 00°29'23" West along said East Right -of -Way a distance of 20.00 feet to the POINT OF BEGINNING. Excepting therefrom COMMENCING at the aforementioned POINT "A"; THENCE South 23°44' 17" West a distance of 21.93 feet to the POINT OF BEGINNING 2; THENCE South 00029'23" East a distance of 65.53 feet; THENCE South 89030'37" West a distance of 48.62 feet; THENCE North 00029'23" West a distance of 65.53 feet; THENCE North 89030'37" East a distance of 48.62 feet to the POINT OF BEGINNING 2; Said described parcel of land contains 26,058 Square Feet or 0.598 Acres, more or less (f), and is subject to any rights - of -way or other easements of record or as now existing on said described parcel of land. Utility Easement L12" Being a strip of land 9.00 feet in width lying 4.5 feet each side of the centerline of said strip of land being more particularly described as follows; COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto; THENCE South 00029'23" East along said West line, a distance of 384.86 feet to the POINT OF BEGINNING; V:\20180547\DESCRIPTIONS\old-20180547EXH_Rl.doc Page 1 of 6 07:11 11M THENCE North 89°30'37" East a distance of 25.43 feet to the POINT OF TERMINATION. Said described parcel of land contains 229 Square Feet or 0.005 Acres, more or less (t), and is subject to any rights -of - way or other easements of record or as now existing on said described parcel of land. Utility Easement 113" Being a strip of land 9.00 feet in width lying 4.5 feet each side of the centerline of said strip of land being more particularly described as follows; COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto; THENCE South 00°29'23" East along said West line, a distance of 231.92 feet to a line being the prolongation of the North line of said Lot 3; THENCE South 89°30'37" West along said prolongation a distance of 179.53 feet to the POINT OF BEGINNING; THENCE South 00029'23" East a distance of 25.16 feet; THENCE South 89°30'37" West a distance of 24.71 feet to the POINT OF TERMINATION. Said described parcel of land contains 449 Square Feet or 0.010 Acres, more or less (f), and is subject to any rights -of - way or other easements of record or as now existing on said described parcel of land. Utility Easement 114" Being a strip of land 9.00 feet in width lying 4.5 feet each side of the centerline of said strip of land being more particularly described as follows; COMMENCING at the Northwest corner of said Lot 2 and assuming the West line of said Lot 2 as bearing South 00°29'23" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 621.17 feet with all other bearings contained herein relative thereto; THENCE South 00029'23" East along said West line, a distance of 614.73 feet; THENCE South 89053'37" West a distance of 64.68 feet to the East line of said Lot 3 and the POINT OF BEGINNING; THENCE South 89°53'37" West a distance of 83.70 feet to a point hereon referred to as POINT "E"; THENCE South 89053'37" West a distance of 202.48 feet to the West line of said Lot 3 and the POINT OF TERMINATION; Together with BEGINNING at the aforementioned POINT "E"; THENCE North 00°06'23" West a distance of 67.38 feet; THENCE South 89°53'37" West a distance of 55.05 feet; THENCE North 70031'45" West a distance of 13.43 feet; THENCE South 89153'37" West a distance of 134.54 feet to the West line of said Lot 3 and the POINT OF TERMINATION. Said described parcel of land contains 4,969 Square Feet or 0.114 Acres, more or less (f), and is subject to any rights - of -way or other easements of record or as now existing on said described parcel of land. The sidelines of said strips of land shall be lengthened or shortened so as to result in a continuous line through angle points and so as to terminate at lot lines and rights -of -way, also to terminate on a line drawn perpendicular to said centerline at the Point of Termination for the centerlines when not terminating at lot lines and rights -of -way. SURVEYORS STATEMENT I, Paul B. Groves, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. &P'DO Unerl.B'v Paul B. Groves - on r urveyors KING SURVEYORS Colorado Licensed Professional 650 East Garden Drive Land Surveyor #38209 Windsor, Colorado 80550 (970) 686-5011 V:\20180547\DESCRIPTIONS\old-20180547EXH_Rl.doc Page 2 of 6 EXHIBIT B I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I W 1 /4 COR. SECT. 13, T.6N., R.69W. i 200 100 0 200 SCALE IN FEET SCALE: 1 "=200' PAGE 3 OF 6 LOT 1 I U11UTY EASEMENT "1" LORIENLANE - Ul EASEMENT N30 LOT 2 q UMUTY F EASEMENT -2" I I LAKEWEV1 ON THE RISE REC. 2b180056276 UTIUTY — EASEMENT '4' STONEYBROOKROAD LOT3 i 3820'� .0 J SRO • •���� .�JQ, \Nq� LAND Paul B. Groves — On Bel df ' C Colorado Licensed Professional Land Surveyor #38209 g Surveyors NOTE: This exhibit drawing is not intended to be a monumented land survey. Its 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. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) KING SURVEYORS PROJECT NO:20180547 650 E. Garden Drive I Windsor, Colorado 80550 DATE: 1 1 /17/2021 phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC DWG: 20180547EXH_R1 email: cont act@KingSurveyors.com DRAWN: SMF CHECKED: PBG EXHIBIT B I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I PAGE 4 OF 6 iCOMMNW CORNER LOT 2 ri POINT OF 1° ENCEMENT w R M N 0) N o POINT OF BEGINNING L2 POINT "A" 20' 7N89*30'37"E 156.70' _ L1� _ L3 _ N89'30'37"E 256.89' io UM1 � — — — — — S89'30'37"W 197.88' L13 I I L11 L22 rn � I g, M I w UTILITY 1� I I J J M N EASEMENT "1" J J I I 0)CV N 26,058 SQ.FT. I I 9 L20a 0 9' n r, N L15 20' �- -j L9 i i L4 0.7 a� LOT 0°W ON I I I D rn POINT OF I I I I w En, N BEGINNING UTILITY I M v N EASEMENT "2" °( I 1 1 N I 229 SQ.FT. I I I ( N POINT OF 3 I I I I--14' TERMINATION N I I a zo I I Lo 1 0) I � N I N89'30'37"E 25.43' No l I N COI L 1 L5 _ ZI I vi o31 I L7 J`�° q I I I NI I�g, I I NI o I i I I 0I I� I ZI to 70' 35' 0 70' i I I N I I jw I I IN SCALE: 1"=70' ( I I l o I I I IV) I I I I 11 STOIVEYBROOKROAD L12 L8 33209 v : a= 0 �:.• •5JP Y LAND Paul B. Groves — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38209 NOTE: This exhibit drawing is not intended to be a ' monumented land survey. Its 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. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) KING SURVEYORS PROJECT NO:20180547 AL650E. Garden Drive I Windsor, Colorado 80550 DATE: 11 /17/2021 phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC DWG: 20180547EXH_R 1 email: contact@KingSurveyors.com DRAWN: SMF CHECKED: PBG EXHIBIT B I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I O PAGE 5 OF 6 POINT OF COMMENCEMENT NW CORNER LQT 2 I LOT 1 N 0 M N W e M N C1 N O O POINT OF LORLENLAiVE BEGINNIN S89-30-37"W 179.53' So0.29'23"E 25.16' UTILITY POINT of EASEMENT "3" TERMINATION 449 SQ.FT. z N •t S89'30'37"W 24.71' I w mw 3 O N "0) N I N '0) Q O m N O Z I LOT3 I I q I � I 70' 35' 0 I 70' A SCALE: 1 "=70' I N70'31'45"W I I POINT OF 13.43' TERMINATION S89'53'37"W 55.05' S89'53'37"W 134.54' UTILITY10 N EASEMENT "4" "' POINT OF 4,969 SQ.FT. o BEGINNIN Z 83.70' 7*S89M3'37"W 202.48' _S8_9'5_3'3_7_"W S89'53'37"W 64.68' "E"FA OPOINT I TERMINATION I \ C5PD0 C/c NOTE: This exhibit drawing is not intended to be a monumented land survey. Its sole ,F . 'L purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. 3 cnS The written property description supersedes the exhibit p 20� ir drawing. NOTICE: According to Colorado law you must ' QJ commence any legal action based upon any defect in � '9C °°°N05 this survey within three years after you first discover such defect. In no event may any action based upon Paul B. Groves — On 9o§1MhS35King Surveyors any defect in this survey be commenced more than Colorado Licensed Professional ten years from the date of the certification shown Land Surveyor #38209 hereon. (13-80-105 C.R.S. 2012) KING SURVEYORS PROJECT NO:20180547 650 E. Garden Drive I Windsor, Colorado 80550 DATE: 11 / 17/2021 phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC DWG: 20180547EXH—R 1 email: contact@KingSurveyors.com DRAWN: SMF CHECKED: PBG EXHIBIT B I EASEMENT EXHIBIT I EXHIBIT A I NW 1 /4, SEC 13 T6N, R69W I PAGE 6 OF 6 LINE TABLE LINE BEARING LENGTH L1 N00'29'23"W 5.99' L2 N89'30'37"E 9.00' L3 S00'29'23"E 5.99' L4 S89'30'37"W 35.59' L5 N89'30'37"E 57.92' L6 S00'29'23"E 9.00' L7 S89'30'37"W 57.92' L8 S89'30'37"W 14.00' L9 S89'30'37"W 17.03' L10 N00'29'23"W 74.53' L11 S89'30'37"W 44.15' 3. 20 a N LAND 5J Paul B. Groves — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38209 LINE TABLE LINE BEARING LENGTH L12 S89'30'37"W 20.00' L13 S89'30'37"W 84.95' L14 S00'29'23"E 83.37' L15 S89'30'37"W 9.00, L16 N00'29'23"W 83.37' L17 N00'29'23"W 20.00' L18 S23'44'17"W 21.93' L19 S00'29'23"E 65.53' L20 S89'30'37"W 48.62' L21 N00'29'23"W 65.53' L22 N89'30'37"E 48.62' NOTE: This exhibit drawing is not intended to be a monumented land survey. Its 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. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) KING SURVEYORS PROJECT NO:20180547 650 E. Garden Drive I Windsor, Colorado 80550 DATE: 11 /17/2021 phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: Pedcor Investments, LLC DWG: 20180547EXH_R 1 email: contact@KingSurveyors.com DRAWN: SMF CHECKED: PBG