HomeMy WebLinkAbout2023-016-02/07/2023-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF THRESOLUTION 2023-016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF
ANNEXED PROPERTIES WITHIN THE TERRITORY OF THE POUDRE
VALLEY FIRE PROTECTION DISTRICT AND AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH SAID DISTRICT
WHEREAS,in 2022,the City annexed two properties within the territory of the Poudre
Valley Fire Protection District (the “District”);and
WHEREAS,Colorado Revised Statutes (“C.R.S.”)Section 32-1-502 requires an order of
exclusion from the district court to remove annexed properties from special district territories;and
WHEREAS,under the provisions of C.R.S.Section 32-l-502(2)(a),an order excluding
property from the boundaries of a special district requires the governing body of the annexing
municipality to agree,by resolution,to provide the services previously provided by the special
district to the area described in the petition for exclusion from and after the effective date of the
exclusion order;and
WHEREAS,from the date of such annexations,the City has provided municipal services
to said properties,including fire services;and
WHEREAS,the residents within the properties described on Exhibit “A”attached hereto
and incorporated herein by this reference (the “Annexed Properties”)have paid ad valorem
property taxes to the District for fire protection services prior to exclusion,and subsequent to
exclusion,will instead pay ad valorem property taxes to the City for City services,including fire
protection;and
WHEREAS,it is the desire and intent of the City Council to reflect by this Resolution its
willingness to provide fire protection services to the Annexed Properties and to exclude the
Annexed Properties from the District;and
WHEREAS,the City Council wishes to properly exclude the Annexed Properties from the
District in accordance with law and to allow for the provision of fire protection services to such
properties by the Poudre Fire Authority,which is an independent entity providing fire protection
services to both the District and the City pursuant to an intergovernmental agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS,as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That the City Council hereby agrees that the Annexed Properties should be
excluded from the District.
—1—
Section 3.That the City Council hereby authorizes the City Attorney to file a petition
in the Larimer County District Court pursuant to C.R.S.Section 32-1-502 for an order to exclude
the Annexed Properties,the boundaries of which are described on Exhibit “A”.
Section 4.That the City Council hereby agrees to provide fire protection service,
through the Poudre Fire Authority,to the Annexed Properties.
Section 5.That the City Council hereby finds that a plan for the disposition of assets
or continuation of service is unnecessary as the Poudre Fire Authority has in the past served,and
continues to serve,both the District and the City.
Section 6.That the City Manager is authorized to enter into an agreement with the
District for the continuation of services for the Annexed Properties,which agreement shall be
substantially in the form of Exhibit “B”attached hereto,subject to such modifications as the City
Manager may,in consultation with the City Attorney,deem necessary or appropriate to protect the
interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of February,2022.
Sc
Clerk
EXHIBIT A
PEAKVIEW ANNEXATION NUMBER ONE
A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER
OF SECTION 9,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF
LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY DESCRiBED AS
FOLLOWS:
BASIS OF BEARINGS:THE SOUTH LINE OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 9,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH P.M.
BEING MONUMENTED BY A 2~1/2h ALUMINUM CAP STAMPED “LS 23503”AT THE
WEST END AND A 2-1/2”ALUMINUM CAP STAMPED “LS 22573”AT THE EAST END,
SAID LINE BEING ASSUMED TO BEAR 58991 ‘21 “E.
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 9;
THENCE ON THE NORTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 9,588°55’l lEA DISTANCE OF 42.00 FEET;
THENCE DEPARTING SAID NORTH LINE,THE FOLLOWING THIRTY-EIGHT (38)
COURSES:
I.5009419W A DISTANCE OF 827.07 FEET,TO A POINT OF CURVE;
2.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 84.00 FEET,A
CENTRAL ANGLE OF I 19525”AND AN ARC LENGTH OF 16.50 FEET,TO A POINT OF
TANGENT;
3.Sll°0I ‘07”E A DISTANCE OF 41.76 FEET,TO A POINT OF CURVE;
4.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 116.00 FEET,
A CENTRAL ANGLE OF 119525”AND AN ARC LENGTH OF 22.79 FEET,TO A POINT
OF TANGENT;
5.5009419W A DISTANCE OF 75.11 FEET,TO A POINT OF CURVE;
6.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 166.00 FEET,
A CENTRAL ANGLE OF 06°41’42”AND AN ARC LENGTH OF 19.40 FEET,TO A POINT
OF TANGENT;
7.506°56’Ol”W A DISTANCE OF 85.38 FEET,TO A POINT OF CURVE;
8.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 134.00 FEET,A
CENTRAL ANGLE OF 06°41’42”AND AN ARC LENGTH OF 15.66 FEET,TO A POINT OF
TANGENT;
9.S00°14’19”W A DISTANCE OF 182.11 FEET,TO A POINT OF CURVE;
10.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 84.00 FEET,A
CENTRAL ANGLE OF 09°54’53”AND AN ARC LENGTH OF 14.54 FEET,TO A POINT OF
TANGENT;
11.S09°40’35”E A DISTANCE OF 52.35 FEET,TO A POINT OF CURVE;
12.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 116.00 FEET,
A CENTRAL ANGLE OF 09°54’53”AND AN ARC LENGTH OF 20.07 FEET,TO A POINT
OF TANGENT;
13.5009419W A DISTANCE OF 102.11 FEET,TO A POINT OF CURVE;
EXHIBIT A
14.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 166.00 FEET,
A CENTRAL ANGLE OF 06°23’15’AND AN ARC LENGTH OF 18.51 FEET,TO A POINT
OF TANGENT;
15.S06°37’34”W A DISTANCE OF 78.77 FEET,TO A POINT OF CURVE;
16.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 134.00 FEET,A
CENTRAL ANGLE OF 09°3320”AND AN ARC LENGTH OF 22.35 FEET,TO A POINT OF
REVERSE CURVE;
17.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 1,033.00 FEET,
A CENTRAL ANGLE OF 09°59’32”AND AN ARC LENGTH OF 180.15 FEET,TO A POINT
OF COMPOUND CURVE;
18.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 84.00 FEET,A
CENTRAL ANGLE OF I 1°47’IS”AND AN ARC LENGTH OF 17.28 FEET,TO A POINT OF
TANGENT;
19.S24°42’34”E A DISTANCE OF 43.84 FEET,TO A POINT OF NON-TANGENT
CURVE;
20.ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS S64°54’I SW,
HAVING A RADIUS OF 108.19 FEET,A CENTRAL ANGLE OF 1003719 AND AN ARC
LENGTH OF 20.06 FEET,TO A POINT OF NON-TANGENT;
21.S14°51’36”E A DISTANCE OF 50.10 FEET;
22.S13°42’52”E A DISTANCE OF 50.01 FEET;
23.S14°51 ‘36”E A DISTANCE OF 36.74 FEET;
24.S14°51’36”E A DISTANCE OF 47.62 FEET,TO A POINT OF CURVE;
25.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 03°07’OO”AND AN ARC LENGTH OF 1.09 FEET,TO A POINT OF
REVERSE CURVE;
26.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 129.00 FEET,A
CENTRAL ANGLE OF 08°04’32”AND AN ARC LENGTH OF 18.18 FEET,TO A POINT OF
TANGENT;
27.S19°49’08”E A DISTANCE OF 108.53 FEET,TO A POINT OF CURVE;
28.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 179.00 FEET,A
CENTRAL ANGLE OF 01°22’20”AND AN ARC LENGTH OF 4.29 FEET,TO A POINT OF
TANGENT;
29.S21°1 I ‘28”E A DISTANCE OF 91.99 FEET,TO A POINT OF CURVE;
30.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 49.00 FEET,A
CENTRAL ANGLE OF 62°3 140’AND AN ARC LENGTH OF 53.47 FEET,TO A POINT OF
REVERSE CURVE;
31.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 541.00 FEET,
A CENTRAL ANGLE OF 05°46’51”AND AN ARC LENGTH OF 54.58 FEET,TO A POINT
OF COMPOUND CURVE;
32.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 291.00 FEET,
A CENTRAL ANGLE OF 09°27’22”AND AN ARC LENGTH OF 48.03 FEET,TO A POINT
OF COMPOUND CURVE;
33.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 29.00 FEET,
A CENTRAL ANGLE OF 17°3215”AND AN ARC LENGTH OF 8.88 FEET,TO A POINT OF
TANGENT;
34.S50°56’41 “E A DISTANCE OF 28.81 FEET,TO A POINT OF CURVE;
EXHIBIT A
35.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 20.00 FEET,A
CENTRAL ANGLE OF 09°31’31”AND AN ARC LENGTH OF 3.32 FEET,TO A POINT OF
REVERSE CURVE;
36.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 283.00 FEET,
A CENTRAL ANGLE OF 25°29’5I”AND AN ARC LENGTH OF 125.94 FEET,TO A POINT
OF TANGENT;
37.S34°5822”E A DISTANCE OF 155.19 FEET,TO A POINT OF CURVE;
38.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 217.00 FEET,A
CENTRAL ANGLE OF 48°41 45 AND AN ARC LENGTH OF 184.43 FEET,TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF EAST MULBERRY STREET AND A POINT
OF NON-TANGENT;
THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE,N89°11’21”W A DISTANCE OF
161.98 FEET,TO A POINT OF NON-TANGENT CURVE;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE,THE FOLLOWING
SIXTEEN (16)COURSES:
1.ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS N41 0o3!41 ‘E,
HAVING A RADIUS OF 283.00 FEET,A CENTRAL ANGLE OF 13°57’58 AND AN ARC
LENGTH OF 68.98 FEET,TO A POINT OF TANGENT;
2.N34°5822’W A DISTANCE OF 155.19 FEET,TO A POINT OF CURVE;
3.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 217.00 FEET,A
CENTRAL ANGLE OF 12°12’SO’AND AN ARC LENGTH OF 46.26 FEET,TO A POINT OF
COMPOUND CURVE;
4.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 20.00 FEET,A
CENTRAL ANGLE OF I9°54’23’AND AN ARC LENGTH OF 6.95 FEET,TO A POINT OF
TANGENT;
5.N67°05’34’W A DISTANCE OF 29.69 FEET,TO A POINT OF CURVE;
6.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 29.00 FEET,
A CENTRAL ANGLE OF 07°34’OS”AND AN ARC LENGTH OF 3.83 FEET,TO A POINT OF
REVERSE CURVE;
7.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 189.00 FEET,A
CENTRAL ANGLE OF 1501 819”AND AN ARC LENGTH OF 50.49 FEET,TO A POINT OF
COMPOUND CURVE;
8.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 409.00 FEET,A
CENTRAL ANGLE OF 17°14’40”AND AN ARC LENGTH OF 123.10 FEET,TO A POINT OF
COMPOUND CURVE;
9.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 54.00 FEET,A
CENTRAL ANGLE OF 43°0258’AND AN ARC LENGTH OF 40.57 FEET,TO A POINT OF
COMPOUND CURVE;
10.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 79.00 FEET,A
CENTRAL ANGLE OF 50°07’19”AND AN ARC LENGTH OF 69.11 FEET,TO A POINT OF
TANGENT;
11.S05°14’45’E A DISTANCE OF 94.32 FEET,TO A POINT OF CURVE;
EXHIBIT A
12.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 10.00 FEET,
A CENTRAL ANGLE OF 35°0000”AND AN ARC LENGTH OF 6.11 FEET,TO A POINT OF
NON-TANGENT REVERSE CURVE;
13.ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS S56°47’06’E,
HAVING A RADIUS OF 10.12 FEET,A CENTRAL ANGLE OF 38°0404”AND AN ARC
LENGTH OF 6.73 FEET,TO A POINT OF NON-TANGENT REVERSE CURVE;
14.ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS S85°00’07”W,
HAVING A RADIUS OF 517.00 FEET,A CENTRAL ANGLE OF 059412’AND AN ARC
LENGTH OF 47.25 FEET,TO A POINT OF TANGENT;
15.5009419W A DISTANCE OF 11.14 FEET,TO A POINT OF NON-TANGENT
CURVE;
16.ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS N89°37’29”E,
HAVING A RADIUS OF 30.51 FEET,A CENTRAL ANGLE OF 28°12’43’AND AN ARC
LENGTH OF 15.02 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
SAID EAST MULBERRY STREET AND A POINT OF NON-TANGENT;
THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE,N89°1 121W A DISTANCE OF
154.79 FEET,TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 9;
THENCE ON SAID WEST LINE,N00°14’19”E A DISTANCE OF 2,604.37 FEET,TO THE
POINT OF BEGINNING.
EXHIBITA
TIMBER LARK ANNEXATION
A tract of land situate in the SE ¼of Section 7,Township 6 North,Range 68 West of the
6th P.M.,Larimer County,Colorado,which considering the East line of the said SE ¼as
bearing North and South and with all bearings contained herein relative thereto is contained
within the boundary lines which begin at a point which bears N 624.80 feet,and again West
473.48 feet from the SE corner of said Section 7 and run thence West 2059.56 feet to a
point on the East line of the Union Pacific Railroad;thence along said East line N 0°25’W
695.01 feet;thence East 2538.16 feet to a point on the East line of the said SE ¼;thence S
235.00 feet along the said East line;thence West 473.48 feet;thence South 460.00 feet to
the Point of Beginning,County of Larimer,State of Colorado
EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May
27,1981 in Book 2117 at Page 226,Larinier County records.
The above-described tract of land contains 1,532,128 square feet or 35.173 acres,more or
less.
EXHIBITS
MEMORANDUM OF AGREEMENT FOR
CONTINUATION OF SERVICE
(POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS)
THIS AGREEMENT,is made and entered into on ______________,by and between the
CITY OF FORT COLLINS,COLORADO,a municipal home-rule corporation (the “City”),and
the POUDRE VALLEY FIRE PROTECTION DISTRICT,a special statutory district within the
State of Colorado (the “District”);
WHEREAS,the City has recently filed pursuant to Section 32-1-502(1)(a),C.R.S.,a
Petition with the District Court in and for Larimer County,Colorado for an Order excluding certain
properties from the territory of the District,which properties are shown on Exhibit “A”(the
“Properties”)hereto attached,the contents of which are incorporated by reference herein;and
WHEREAS,said Petition is premised upon the prior annexation and inclusion of the
Properties within the municipal boundaries of the City;and
WHEREAS,it is the mutual desire of the City and the District to set forth their
understanding and agreement with regard to the continuation of fire protection services to the
Properties,as well as remaining properties within the boundaries of the District and Poudre Fire
Authority,as defined below.
NOW,THEREFORE,in consideration of the mutual covenants,conditions and obligations
herein contained,the parties agree:
1.From and after the effective date of any Order of Exclusion issued by the District
Court in response to the City’s Petition,filed pursuant to Section 32-1-502(1)(a),which effective
date is anticipated to be January 1,2024,the City will continue to assume full and complete
responsibility for fire protection services to the Properties.Such fire protection services shall be
provided by Poudre Fire Authority (“PFA”)pursuant to that certain Amended and Restated
Intergovernmental Agreement effective July 15,2014,by and between the City and the District.
2.From and after the effective date of the Exclusion Order entered by the District
Court in and for Larimer County,Colorado,the District shall have no further liability or
responsibility with regard to the provision of fire protection services for the Properties or any
improvements thereon,other than the obligations existing under the aforementioned
intergovernmental agreement creating PFA for the provision of regional fire services.
3.From and after the effective date of any Exclusion Order entered by the District
Court in and for Larimer County,Colorado,the District agrees that the Properties shall be free
from taxation by the District,other than mill levies assessed for purposes of paying outstanding
bonded indebtedness and interest thereon,owed by the District effective immediately prior to the
effective date of such Exclusion Order.Exclusion of the Properties from the District and entry of
an Exclusion Order by the District Court shall not affect any claim the District may have or the
EXHIBIT B
District’s ability to make such claim for taxes which were certified by the District prior to the
effective date of the Exclusion Order.
4.The District will retain ownership of all equipment and facilities now owned by the
District,including such facilities as may be located within the Properties,if any.
5.The District will,through its agreement with PFA,continue to provide fire
protection services to those properties located within the boundaries of the District,as modified
by the exclusion ofterritory pursuant to the anticipated Exclusion Order requested from the District
Court.
6.In the event that any bonded indebtedness exists as of the effective date of the
anticipated Exclusion Order,the Board of Directors of the District shall continue to assess a
proportional mill levy against the Properties,together with other properties within the boundaries
of the District,sufficient to repay the principal and accrued interest on any such bonded
indebtedness in accordance with the terms and provisions of the instruments pursuant to which
said obligations have been created and incurred.
7.Nothing within this Agreement shall modify or terminate any obligations of the
City or the District with respect to existing obligations under the intergovernmental agreement
forming the PFA,including any future amendments or modifications thereto as the parties may
hereafter agree.
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
CITY OF FORT COLLINS,COLORADO,
ATTEST:a municipal home-rule corporation
Anissa Hollingshead,City Clerk Kelly DiMartino,City Manager
Approved as to form:
Dawn Downs,Senior Assistant City Attorney
EXHIBIT B
POUDRE VALLEY FIRE PROTECTION
DISTRICT,
a special statutory district within the State of
Colorado
By:_____________
Chairman,Board of Directors
Approved as to form:
By:Robert G.Cole
Attorney for Poudre Valley Fire Protection
District
EXHIBITS
EXHIBIT A TO MEMORANDUM OF AGREEMENT
PEAKVIEW ANNEXATION NUMBER ONE
A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER
OF SECTION 9,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF
LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS:THE SOUTH LINE OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 9,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH P.M.
BEING MONUMENTED BY A 2-1/2 ALUMINUM CAP STAMPED “LS 23503’AT THE
WEST END AND A 2-1/2”ALUMINUM CAP STAMPED “LS 22573”AT THE EAST END,
SAID LINE BEING ASSUMED TO BEAR 589°11 ‘21 “E.
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 9;
THENCE ON THE NORTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 9,S88°55’I I “E A DISTANCE OF 42.00 FEET;
THENCE DEPARTING SAID NORTH LINE,THE FOLLOWING THIRTY-EIGHT (38)
COURSES:
1.S00°14’I9”W A DISTANCE OF 827.07 FEET,TO A POINT OF CURVE;
2.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 84.00 FEET,A
CENTRAL ANGLE OF 1101525 AND AN ARC LENGTH OF 16.50 FEET,TO A POINT OF
TANGENT;
3.SI1°01 ‘07”E A DISTANCE OF 41.76 FEET,TO A POINT OF CURVE;
4.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 116.00 FEET,
A CENTRAL ANGLE OF I 1°15’25”AND AN ARC LENGTH OF 22.79 FEET,TO A POINT
OF TANGENT;
5.S00°14’19”W A DISTANCE OF 75.11 FEET,TO A POINT OF CURVE;
6.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 166.00 FEET,
A CENTRAL ANGLE OF 06°4 142”AND AN ARC LENGTH OF 19.40 FEET,TO A POINT
OF TANGENT;
7.S06°56’Ol “W A DISTANCE OF 85.38 FEET,TO A POINT OF CURVE;
8.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 134.00 FEET,A
CENTRAL ANGLE OF 06°41’42”AND AN ARC LENGTH OF 15.66 FEET,TO A POINT OF
TANGENT;
9.500°1 4’l 9W A DISTANCE OF 182.11 FEET,TO A POINT OF CURVE;
10.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 84.00 FEET,A
CENTRAL ANGLE OF 09°54’53”AND AN ARC LENGTH OF 14.54 FEET,TO A POINT OF
TANGENT
11.509°40’35”EA DISTANCE OF 52.35 FEET,TO A POINT OF CURVE;
12.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 116.00 FEET,
A CENTRAL ANGLE OF 09°54’53”AND AN ARC LENGTH OF 20.07 FEET,TO A POINT
OF TANGENT;
13.500°1419W A DISTANCE OF 102.11 FEET,TO A POINT OF CURVE;
EXHIBIT B
EXHIBIT A TO MEMORANDUM OF AGREEMENT
14.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 166.00 FEET,
A CENTRAL ANGLE OF 06°23’15”AND AN ARC LENGTH OF 18.51 FEET,TO A POINT
OF TANGENT;
15.S06°37’34”W A DISTANCE OF 78.77 FEET,TO A POINT OF CURVE;
16.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 134.00 FEET,A
CENTRAL ANGLE OF 09°33’20”AND AN ARC LENGTH OF 22.35 FEET,TO A POINT OF
REVERSE CURVE;
17.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 1,033.00 FEET,
A CENTRAL ANGLE OF 09°59’32”AND AN ARC LENGTH OF 180.15 FEET,TO A POINT
OF COMPOUND CURVE;
18.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 84.00 FEET,A
CENTRAL ANGLE OF I 1°47’lS”AND AN ARC LENGTH OF 17.28 FEET,TO A POINT OF
TANGENT;
19.S24°42’34”E A DISTANCE OF 43.84 FEET,TO A POINT OF NON-TANGENT
CURVE;
20.ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS S64°54’l SW,
HAVING A RADIUS OF 108.19 FEET,A CENTRAL ANGLE OF 10°37’19”AND AN ARC
LENGTH OF 20.06 FEET,TO A POINT OF NON-TANGENT;
21.S14°5 I ‘36”E A DISTANCE OF 50.10 FEET;
22.S13°42’52”E A DISTANCE OF 50.01 FEET;
23.S14°51’36’E A DISTANCE OF 36.74 FEET;
24.S14°51 ‘36”E A DISTANCE OF 47.62 FEET,TO A POINT OF CURVE;
25.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 20.00 FEET,
A CENTRAL ANGLE OF 03°07’OO”AND AN ARC LENGTH OF 1.09 FEET,TO A POINT OF
REVERSE CURVE;
26.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 129.00 FEET,A
CENTRAL ANGLE OF 08°04’32”AND AN ARC LENGTH OF 18.18 FEET,TO A POINT OF
TANGENT;
27.5I9°49’08’E A DISTANCE OF 108.53 FEET,TO A POINT OF CURVE;
28.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 179.00 FEET,A
CENTRAL ANGLE OF 01°22’20”AND AN ARC LENGTH OF 4.29 FEET,TO A POINT OF
TANGENT;
29.S21°I I ‘28”E A DISTANCE OF 91.99 FEET,TO A POINT OF CURVE;
30.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 49.00 FEET,A
CENTRAL ANGLE OF 62°3 140”AND AN ARC LENGTH OF 53.47 FEET,TO A POINT OF
REVERSE CURVE;
31.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 541.00 FEET,
A CENTRAL ANGLE OF 05°46’Sl’AND AN ARC LENGTH OF 54.58 FEET,TO A POINT
OF COMPOUND CURVE;
32.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 291.00 FEET,
A CENTRAL ANGLE OF 09°27’22”AND AN ARC LENGTH OF 48.03 FEET,TO A POINT
OF COMPOUND CURVE;
33.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 29.00 FEET,
A CENTRAL ANGLE OF 17°32’IS”AND AN ARC LENGTH OF 8.88 FEET,TO A POINT OF
TANGENT;
34.550°56’41 “E A DISTANCE OF 28.81 FEET,TO A POINT OF CURVE;
EXHIBIT B
EXHIBIT A TO MEMORANDUM OF AGREEMENT
35.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 20.00 FEET,A
CENTRAL ANGLE OF 0903113111 AND AN ARC LENGTH OF 3.32 FEET,TO A POINT OF
REVERSE CURVE;
36.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 283.00 FEET,
A CENTRAL ANGLE OF 2502951 AND AN ARC LENGTH OF 125.94 FEET,TO A POINT
OF TANGENT;
37.S34°58’22”EA DISTANCE OF 155.19 FEET,TO A POINT OF CURVE;
38.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 217.00 FEET,A
CENTRAL ANGLE OF 48°41 ‘45”AND AN ARC LENGTH OF 184.43 FEET,TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF EAST MULBERRY STREET AND A POINT
OF NON-TANGENT;
THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE,N 89°11 ‘21 “W A DISTANCE OF
161.98 FEET,TO A POINT OF NON-TANGENT CURVE;
THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE,THE FOLLOWING
SIXTEEN (16)COURSES:
1.ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS N41 °03’4]“E,
HAVING A RADIUS OF 283.00 FEET,A CENTRAL ANGLE OF 13°57’58”AND AN ARC
LENGTH OF 68.98 FEET,TO A POINT OF TANGENT;
2.N34°58’22”W A DISTANCE OF 155.19 FEET,TO A POINT OF CURVE;
3.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 217.00 FEET,A
CENTRAL ANGLE OF 12°1250”AND AN ARC LENGTH OF 46.26 FEET,TO A POINT OF
COMPOUND CURVE;
4.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 20.00 FEET,A
CENTRAL ANGLE OF 19°54’23”AND AN ARC LENGTH OF 6.95 FEET,TO A POINT OF
TANGENT;
5.N67°05’34”W A DISTANCE OF 29.69 FEET,TO A POINT OF CURVE;
6.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 29.00 FEET,
A CENTRAL ANGLE OF 07°34’OS”AND AN ARC LENGTH OF 3.83 FEET,TO A POINT OF
REVERSE CURVE;
7.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 189.00 FEET,A
CENTRAL ANGLE OF 15°18’19”AND AN ARC LENGTH OF 50.49 FEET,TO A POINT OF
COMPOUND CURVE;
8.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 409.00 FEET,A
CENTRAL ANGLE OF 17°14’40”AND AN ARC LENGTH OF 123.10 FEET,TO A POINT OF
COMPOUND CURVE;
9.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 54.00 FEET,A
CENTRAL ANGLE OF 43°02’58”AND AN ARC LENGTH OF 40.57 FEET,TO A POINT OF
COMPOUND CURVE;
10.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 79.00 FEET,A
CENTRAL ANGLE OF 50°07’19”AND AN ARC LENGTH OF 69.11 FEET,TO A POINT OF
TANGENT;
11.505°14’45”E A DISTANCE OF 94.32 FEET,TO A POINT OF CURVE;
EXHIBIT B
EXHIBIT A TO MEMORANDUM OF AGREEMENT
12.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 10.00 FEET,
A CENTRAL ANGLE OF 35°00’OO”AND AN ARC LENGTH OF 6.11 FEET,TO A POINT OF
NON-TANGENT REVERSE CURVE;
13.ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS 556°47’06”E,
HAVING A RADIUS OF 10.12 FEET,A CENTRAL ANGLE OF 38°04’04”AND AN ARC
LENGTH OF 6.73 FEET,TO A POINT OF NON-TANGENT REVERSE CURVE;
14.ON THE ARC OF A CURVE TO THE RIGHT WHOSE CENTER BEARS S85°00’07’W,
HAVING A RADIUS OF 517.00 FEET,A CENTRAL ANGLE OF 05°14’12”AND AN ARC
LENGTH OF 47.25 FEET,TO A POINT OF TANGENT;
15.S00°1419”W A DISTANCE OF 11.14 FEET,TO A POINT OF NON-TANGENT
CURVE;
16.ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS N89°37’29”E,
HAVING A RADIUS OF 30.51 FEET,A CENTRAL ANGLE OF 28°1243’AND AN ARC
LENGTH OF 15.02 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
SAID EAST MULBERRY STREET AND A POINT OF NON-TANGENT;
THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE,N89°1 121W A DISTANCE OF
154.79 FEET,TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 9;
THENCE ON SAID WEST LINE,N00°14’19”E A DISTANCE OF 2,604.37 FEET,TO THE
POINT OF BEGINNING.
EXHIBIT B
EXHIBIT A TO MEMORANDUM OF AGREEMENT
TIMBER LARK ANNEXATION
A tract of land situate in the SE ¼of Section 7,Township 6 North,Range 68 West of the
6th P.M.,Larimer County,Colorado,which considering the East line of the said SE ¼as
bearing North and South and with all bearings contained herein relative thereto is contained
within the boundary lines which begin at a point which bears N 624.80 feet,and again West
473.48 feet from the SE corner of said Section 7 and run thence West 2059.56 feet to a
point on the East line of the Union Pacific Railroad;thence along said East line N 0°25’W
695.01 feet;thence East 2538.16 feet to a point on the East line of the said SE ¼;thence S
235.00 feet along the said East line;thence West 473.48 feet;thence South 460.00 feet to
the Point of Beginning,County of Larimer,State of Colorado
EXCEPT that portion dedicated as a public highway in Deed of Dedication recorded May
27,1981 in Book 2117 at Page 226,Larimer County records.
The above-described tract of land contains 1,532,128 square feet or 35.173 acres,more or
less.