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HomeMy WebLinkAbout025 - 03/04/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE HEART SPECIAL IMPROVEMENT DISTRICT NO. 84 ORDINANCE NO. 25 , 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN THE HEART SPECIAL IMPROVEMENT DISTRICT NO. 84 IN THE CITY OF FORT COLLINS, COLORADO AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS, on October 30, 1984, the City Council (the "Council" ) of the City of Fort Collins, Colorado (the "City" ) passed and adopted on final reading Ordinance No . 129, 1984 of the City, being an ordinance (the "Creation Ordinance" ) creating the Heart Special Improvement District (the "District" ) for the purpose of acquiring, constructing and installing street, water, sanitary sewer , storm drainage and irrigation ditch improvements in the City, all pursuant to Chapter 16 of the Code of the City; and WHEREAS, pursuant to the Creation Ordinance and the District Engineering Report on file with the City Clerk of the City, the District improvements have been fully acquired, constructed and installed; and WHEREAS, on January 7 , 1986 , the Council adopted Resolution No . 86-8 , accepting the District improvements , receiving and accepting a Statement of Cost of District Improvements and a District Assessment Roll prepared by the Director of Finance for the City and ordering Notice of the proposed assessments to be published as provided in §16-18 of the Code of the City; and WHEREAS, on January 7 , 1986 , the Council passed on first reading Ordinance No. 4 , 1986 authorizing the issuance of special assessment bonds in the principal amount of $ 1 , 400,000 to pay the costs of the District. WHEREAS, on January 15, 1986 , based upon the recommendation of the City' s Bond Counsel, the Finance Director of the City resized the special assessment bond issue thereby reducing the principal amount of the bonds from $1 , 400,000 to $ 1 , 300,000; and WHEREAS, as a result of said reduction, a revised Statement of Cost of District Improvements and a revised District Assessment Roll have been prepared by the Director of Finance and filed in the office of the City Clerk; and WHEREAS, said above-referenced Notice was duly published as provided in Resolution No . 86-8 and the date of February 18 , 1986 was set for the hearing of complaints or objections to the pro- posed District Assessment Roll; and WHEREAS, on February 18, 1986 , the Council held a public hearing for the purpose of hearing and determining any complaints or objections made in writing by any owner of property to be assessed for District improvements, which complaint or objection was filed in the office of the City Clerk within thirty ( 30 ) days from the publication of the Notice of the proposed assessments ; and WHEREAS, all complaints or objections duly made and filed by such property owners to the Council have been heard and considered by the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1 . That the revised Statement of Cost of District Improvements and the revised District Assessment Roll prepared by the Director of Finance on file with the City Clerk be, and they hereby are, accepted, ratified and approved. Section 2 . That the total cost of the District improve- ments , including the cost of construction, engineering, acquisi- tion of existing improvements and rights-of-way, interest accruing on bonds issued to pay the cost of improvements up to the date when such cost will be assessed, legal fees, publication, adminis- tration, financing and other incidentals incurred in connection with the improvements ( but excluding the 28 cost of collection which will be added to each annual assessment by the County Treasurer at the time such assessment is due) is $ 1 ,404, 439 . The amount or proportion of the total cost of District improvements to be paid by other than special assessments is $ 104,439. The balance of the total cost in the District, $ 1 ,300,000 , is hereby assessed upon the real property in the District in accordance with the resolutions and ordinances pertaining to the District adopted by the Council and the provisions of Chapter 16 of the Code of the City. The proportion of the total District cost to be assessed upon each lot or tract of land in the District shall be as set forth on Exhibit A attached hereto and incorporated herein by reference. Section 3 . All assessments made herein shall be due and payable within thirty ( 30) days after the final publication of this ordinance, without demand, provided that all such assessments may, at the election of the owners of the property assessed , be paid in 10 equal installments of $ 130 ,000, the first installment estimated to be due on the 1st day of January, 1987 , and on the lst day of January each year thereafter until the full amount thereof has been paid, together with interest on the unpaid prin- cipal at the rate of 8 .94 percent ( 8. 948 ) per annum, said interest to be payable at the time of the principal payments . Section 4 . In the case of such election to pay in install- ments as set forth herein, the failure to pay any installment, whether of principal or interest, when due shall cause the entire remaining principal balance and accrued interest thereon to become due and collectible immediately and the entire remaining principal balance and accrued interest thereon shall thereafter draw inter- est at the rate of one percent ( 18 ) per month or fraction of a -2- month until the day of sale of the property as provided in Chapter 16 of the City Code. At any time prior to the day of sale, the owner may pay the amount of all unpaid installments with interest at one percent ( 18 ) per month or fraction thereof and all penal- ties accrued and shall be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. Section 5 . All assessments made herein, together with all interest thereon and penalties for default in payment thereof, shall be a lien in the several amounts assessed against each property from the date of the publication of the assessing ordi- nance and shall be a first and prior lien over all other liens except general taxes in the same manner as general taxes now provided by law. Section 6 . All complaints or objections duly made in writing and filed with the City as provided in Chapter 16 of the City Code have been heard and considered by the Council and the Council hereby finds and determines that the assessments made herein are equitable and proper. Section 7 . All actions, legal or equitable, for relief against the assessments made herein, whether based upon irregular- ities, jurisdictional defects or other grounds, shall be commenced within thirty ( 30) days after the final passage of this ordinance or else be thereafter perpetually barred. Section 8 . All action ( not inconsistent with the provisions of this Ordinance) heretofore taken by the City or its officers directed toward the acceptance of District Improvements, the prep- aration and filing of the revised Statement of District Costs and the revised District Assessment Roll and the ordering of notice to property owners to be assessed and to persons interested generally is hereby ratified, approved and confirmed. Introduced, considered favorably on first reading, and ordered published this 18th day of February , 1986 , and to presented for final passage on the 4th day of March , 198 6 Mayor ATTEST: City Clerk -3- Passed and adopted on second reading this 4th day of March , 198 y ATTEST: Mayor City Cle k -4- ASSESSMENT ROLL HEART SPECIAL IMPROVEMENT DISTRICT No. 84 Name of Owner Description of Property Amount of to be Assessed Assessment ( See Attached Exhibits for Referenced Parcel Descriptions) Boardwalk and College, Ltd. , Parcels VI-A and VII $ 28 , 952 . 59 a Colorado Limited Partnership Boardwalk and College II, Ltd. , Parcels VIII-A & B 52,495 . 97 a Colorado Limited Partnership and IY-A & B East Side Venture, Limited , Parcels I-A & B 330, 694 . 88 a Colorado Limited Partnership and III-C & D Petersen, James P. Parcels V-A, B, & C 579 ,459 .76 and III-A The Ridge Venture, Parcel II 30 , 152 .22 a Joint Venture Somerset, Ltd. , Parcels IV-A & B 137 ,403.68 a Colorado Limited Partnership Super-Block Holding , Parcel III-B 240,840 . 90 a Joint Venture TOTAL: $1 , 400, 000 .00 PARCEL I-A A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002'01" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002101" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter , North 89056 '40" East 51..69 feet to the East right-of-way of South College Avenue (U.S. Iliahway No. 287) ; thence along said east right-of-way North 00004 '24" East 325.18 feet to the boundary of the "National Car Rental P.U.D.", as recorded with the Clerk and Recorder of said Latimer County; thence along said boundary South 89059 '41" East 710.78 feet; thence continuing along said boundary, North l3022 '33" West 152.81 feet to the boundary of that certain tract of land as recorded in Book 1571 Page 752 Records of said Clerk and Recorder ; thence along said boundary of Book 1571 Pa3e 752 the following two (2) courses and distances, (1) North 23 12'03" West 107.25 feet; (2) thence North 18032 '22" west 41.21 feet to the North right-of-way of Troutman Parkway said point being the T,rae__Pojnt=_of_Beg.inn_.ng of this description; thence continuing alonq said boundary North 18032122" West, 49.83 feet; thence North 12.027129" East, 48.01 feet; thence North 33025'48" East 5 .61 feet; thence leaving said boundary South 22032101" East, 98 . 53 feet to the North right-of-way of Troutman Parkway; thence along said North right-of-way South 77034109" West 36.21 feet to the True Point of Beginning. Contains 2530.4 square feet more or less and being subject to all rights-of-way and easements as no-,.- in use or on record. PARCEL I-B A tract of land located in the WesC half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of th�z Southwest quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002 '01" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter, North 89056140" East 51.69 feet to the East right-of-way of South College Avenue (r1.9. Highway No. 287) and to the 'Tru_g.__PQ i t of Beginning of this description; thence along said ea• t right-of-way North 00004'24" East 325.18 feet to the boundar. of the "National Car Rental P.'.'.D.", as recorded with the Clem: and Recorder of said Larimer County; thence along said bounda-y South 89059'41" East 710.78 feet; thence continuing along said boundary, North 13022123" West 152 .81 feet to the boundary of ' hat certain tract of land as iecorded in Book 1571 Page 752 Records of said Clerk and Recorder; thence along said boundary of Book 1571 Page 752, North 23012'03" West 47.17 feet to the South right-of-way of Troutman Parkway; thence along said South right-of-way North 77034109" East , 38.41 feet; thence leaving :aid South right-of-way South 22°32101 " fast, 125.27 feet; thence., 392.57 feet along the arc of a curve concave to the Northeas '. , having a central angle of 27100'00", a radius of 833.06 feet, and a chord which bears South 36002 '01" East , 388.95 feet; thence South 49032101" East 122.70 feet to the West right-of-way of J.F.R. Parkway; thence along said West right-of-way South 17125151" East, 15.18 feet to the South line of: the North 1/2 of the Southwest 1/4 of said Section 36 , thence along said South line, South 89°56 '40" West, 1069.48 feet to the True Point of Beginning. Contains 306,266.2 square feet more or less and being subject to all rights-of-way and easments now in use or on record. PARCEL II A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002'01" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002 '01" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North 89056140" East 1323.72 feet to the East line of the Northwest quarter of the Southwest quarter of said Section 36 ; thence along said East line North 00003143" West, 832 . 08 feet to the TrS�� Point of_Be�innina of this description; thence continuing along said East line North 00003143" West 490.74 feet to the Center - West: one sixteenth corner of said Section 36 ; thence along the East line of the Southwest quarter of the Northwest quarter of sai.:1 Section 36; North 00 17 '31" West , 228.25 feet to the South right-of-way of Boardwalk Drive; thence along said South right-cf-way the following four ( 4) courses, (1) South 65034 '10" East, 0.82 feet, (2) thence 593.76 feet along a curve concave to the Southwest, having a central angle of 59003146 ", a radius of 576.00 feet, and a chord which hears South 36002119 " East , 567 .82 feet ; thence ( 3 ) South 00033144" East 115.86 feet; (4) thence 64.14 feet along a curve concave to the East, having a central angle of 05044'32", a radius of 640.00 feet, and a chorcl which bears South 09022142" East, 64.11 feet; thence South 62003142" West, 106.98 feet; thence South 83006117" West, 252.02 feet to the True Point of Beginning. The above described tract contains 184,153.4 square feet more or less and is subject to all easements and rights-of-way now in use or on record. PARCEL III-A A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002'01" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter, North 89056140" East 1-323.72 feet to the East line of the Northwest quarter of the Southwest quarter of Said Section 36; thence along said East Line North 00003 '43" West 737.26 feet to the North right-of-way of Troutman Parkway, said point being the True. Point of Big;_r�jflg of this description; thence continuing along said East line North 00"03 '43" West 40.1.9 feet; thence North 85022136" West, 351.11 feet Lo the East right-of-way to J.F.R. Parkway; thence along said East right-of-way South 17025151" East, 124.45 feet; thence 29.67 feet along a curve concave to the Northeast, having a central angle of 85000'00", a radius of 20.00 feet, and a chord which bears South 59055'51" East, 27.02 feet to the North right- of-way of Troutman Parkway; thence along said North right-of-way North 77034'09" East, 296.30 feet to the True Point of Beginning. The above described tract contains 29,337.4 square feet more or less and is subject to all easements and rights-of-way now in use or on record. PARCEL III-B A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002 '01" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North 89056140" East 1, 225.95 feet to the East right -of- way of J . F .R . Parkway , said point being the Tyue_pol�it vBegjnn�Rg of this description; thence continuing along said South line North 89056'40" East 97.80 feet to the East line of the Northwest quarter of the Southwest quarter of said STcti.on 36 ; thence along said East line North 00003 '43" West, 667.64 feet to the South right-of-way of Troutman Parkway; thence along said South right-of-way South 77034109" West 271.93 feet; thence 33.16 feet along a curve concave to the Southeast, having a central angle of 95°00'00", a radius of 20.00 feet, and a chord which bears South 30004 '09" West, 29.49 feet to the said East right-of-way of J.F.R. Parkway; thence along said East right-of- way South 17025151" East, 611.77 feet to the True Point of Beginning. The above described tract contains 125,250.4 square feet more or less and is subject to all easements and rights-of-way in use or on record. PARCEL III-C A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002 '01" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter, North 89056140" Fast 51-69 feet to the East right-of-way of South College Avenue W.S. 1ti.ghway No. 287) ; thence along said east right-of-way North 00')0412.4" East 325.18 feet to the boundary of the "National Car Rental P.U.D.", as recorded with the Clerk and Recorder of said L- r .i.mer. County; thence along said boundary South 89059141" East 710.7V feet; thence continuing along said boundary, North 13022 '13" West 152.61 feet to the boundary of that certain tract of land as recorded in Book 1571 Page 752 Records of said Clerk and Recorder ; thence along said boundary of Book 1571 Page 752, North 23012 '03" West 47.17 feet to the South right-of-way of Troutman Parkway; thence along said South right-of-way North 77034 ' 09" East 38.41 feet to the T.ruQ P_91L1t9f-R-eginn-in9 of this description; thence leaving said South right-of-way South 22032101" East 125.27 .feet; thence 392.57 feet along the arc of a curve concave to the Northeast, having a central angle of 27000'00", a radius of 833.06 feet, and a chord which bears South 36002 ' 01 " East, 388.95 feet; thence South 49032101" East 122.70 feet I the West right-of-way of J.F.R. Parkway; thence along said West right--of-way North 17025'51" West 561.48 feet; thence 29.67 feet along a curve concave to the Southwest, having a central angle of 85000 '00", a radius of 20.00 feet, and a chord which bears North 59055'51" West 27.02 feet to the South right- of-way of Troutman Parkway; thence along said South right-of-way South 77034 ' 09" West 182 .86 feet to the True Point of Beginning. The above described tract contains 78,765.6 square feet more or less and is subject to all easements and rights-of-way now in use or on record. PARCEL III-D A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002'01" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002'01" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter, North 89056140" East 51.69 feet to the East right:-of-way of South College Avenue (U.S. Highway No. 287) ; thence along said east right-of-way North 00004 '24" East 325.18 feet to the boundary of the "National Car Rental P.U.D.", as recorded with the Clerk and Recorder of said Larimer County; thence along said boundary South 89059141" East 710.78 feet; thence continuing along said boundary, North 13022'33" West 152.81 feet to the boundary of that certain tract of land as recorded in Book 1571 ''age 752 Records of said Clerk and Recorder ; thence along said oundary of Book 1571 Pa_qe 752 the following four (4) courses am" distances, (1) North 23 12'03" West .107.25 feet; (2) thence Nortt 18032122" West 91.05 feet; (3) thence North 12027 ' 29 " East 43 . 01 feet ; ( 4 ) thence North 33025' 48" East 5.61 feet to the Tu�Pojnt 4�$ <$1B.OJIlfl of this description; thence continuing along said boundary the following two (2) courses, (1) North 33 25'48" East 80.66 feet; (2) thence North 65052158" East 1.04.40 feet; thence South 85022136" East, 56.08 feet to the West right:-of- -ay of J.F.R. Parkway; thence along said West right-of-way Sou h 17025151" East, 136.65 feet; thence 33.16 feet along a curve ccicave to the Northwest, having a central angle of 95°00'00", a ra 'ius of 20.00 feet, and a chord which bears South 30004'09" West, 29.49 feet to the North right- of-way of Troutman Parkway; thence along said North right-of-way South 77034109" West, 188.43 feet - thence North 22032101" West, 98 . 53 feet to the True Point of B( .linning. The above described tract contai ,s 33,033.3 square feet more or less and is subject to all easem ants and rights-of-way now in use or on record. Parcel IV-A & IV-8 Plat of Somerset P.U.U. as recorded in the records of the Clerk and Recorder's Office, Larimer County, Colorado at Reception No. 85015853 on April 4, 1985. PARCEL V-A A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002 '01" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North 09056140" East 1323.72 feet to the East line of the Northwest quarter of the Southwest quarter of said Section 36 ; thence along said East line North 00003 '43" West, 1322.23 feet to the South line of the Northwest quarter of said Section 36, said point being the T-r-ue Pointer Begipn_'ng of this Description ; thence along said South line South 89 57 '01" West, 350.00 feet; thence North 49037136" West 140.80 feet; thence North 66030136" West, 97.42 feet to the East right-of-way of J.F.R. .Parkway; thence along said East right-of-way the following three (3) courses, (1) 198.59 feet along a curve concave to the Fast , having a central angle of 20019107", a radius of 560.00 feet, and a chord which bears North 00049 '24' East, 197.55 feet; (2) thence North 10058157" East, 119.04 feet; (3) thence 27.08 feet along a curve concave to the Southeast, having a central angle of 103026151", a radius of 15.00 feet, and a chord which bears North 6204212.2" East, 23.55 feet to the South right-of-way of Boardwalk Drive; thence along said South right-of-way South 65034 '12" East, 548.08 feet to the East line of the Southwest quarter of the Northwest �uarter of said Section 36; thence along said East line South 00 17 '31" East, 228.25 feet to the True Point of Beginning. The above described tract contains 175,975.8 square feet more or less and is subject to all easements and rights-of-way now in use or on record. PARCEL V-B A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southw"est quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36 : thence, along the said West line, South 00002101" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North 89056140" East 1323.72 feet to the East line of the Northwest quarter of the Southwest quarter of said Section 36 ; thence along said East line North 00003143" West, 777. 45 feet to the Tr_p�gQin�Qf_E3ggiB(ljag of this description; thence continuing along said East line North 000031431" West 545 . 37 feet to the South line of the Northwest quarter of said Section 36 ; thence along sai� South line South 89057101" West, 350.00 feet; thence North 49 37 '36" West, 140.80 feet; thence North 66030 '36" West 97.42 feet to the East right-of-way of J.F.R. Parkway; thence along said East right-of-way the following two (2) courses, (1) 79.12 feet along a curve concave to the East, having a central angle of 08005141", a radius of 560.00 feet, and a chord which bears South 13023'01" East, 79.05 feet; (2 ) thence South 17025151" East, 597.32 feet; thence South 85°22'36" East, 351.11 feet to the True Point of Beginning. The above described tract contains 240,349.4 square feet more or less and is subject to all easments and .-rights-of-way now in use or on record. PARCEL V-C A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Commencing at the west quarter corner of said Section 36: thence, along the said West line, South 00002101" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter, North 89056,40" East 51.69 feet to the East right-of-way of South College Avenue (U.S. Highway No. 287) ; thence along said east right-of-way North 00004 '24" East 325.18 feet to the boundary of the "National Car Rental. P.U.D.", as recorded with the Clerk and Recorder of said Larimer County; thence along said boundary South 89059141" East 710.78 feet; thence continuing along said boundary, North 13022'33" West 152.81 feet to the boundary of that certain tract of land as recorded in Book 1571 Page 752 Records of said Clerk and Recorder. ; thence along said boundary of Book 1571 Page 752 the following five (5) courses and distances, (1) North 23012'03" West 107.25 feet; (2) thence North 18032122" West 91.05 feet; (3) thence North 3. 2027 ' 29 " East 48 .01 feet ; ( 4 ) thence North 33025'48" East 86.27 feet; (5) thence North 65052'58" East 104.40 feet to the TxU.e PojLtx Q�BggynD;Dg of this Description; thence continuing along said boundary, North 84013'17" West 212.74 feet to the boundary of that certain tract of land as recorded in Book 1681 Page 738 Records of the said Clerk and Recorder; thence along said boundary of Book 1681 Page 738, North 00024116" West 236.98 feet; thence continuing along said boundary, North 88037159" West, 30.50 feet; thence North 10058157" East 435.23 feet ; thence South 86042121" East 20.90 feet to the West right- of-way of J.P.R. Parkway; thence along said West right-of-way the following two (2) courses, (1) 161.51 feet along the arc of a curve concave to the East, having a central angle of 14001116", a radius of 660.00 feet, and a chord which bears South 10025'13" East, 161.11 feet; (2) thence South 17025151" East 556.81 feet; thence North 85022136" West, 56.08 feet to the True Point of Beginning. The above described tract contains 103,919.3square feet more or less and is subject to all easements and rights-of-way now in use or on record. Parcel VI-A & VII The Fountainhead P.U.D. Phase One as recorded in the records of the Clerk and Recorder' s Office, Larimer County, Colorado at Book 2186 , Page 285 on September 22 , 1982 . Parcel VIII-A Plat of The Fountainhead P.U.D. Phase Two as recorded in the records of the Clerk and Recorder' s Office , Larimer County, Colorado, at Book 2207 , Page 335 on February 16, 1983. Parcel VIII-B The Fountainhead P.U.D. Phase Three as recorded in the records of the Clerk and Recorder' s Office , Larimer County, Colorado at Book 2212, Page 254 on March 23 , 1983. PARCEL IX-A A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwdst quarter of said Section 36 as bearing South 00002101" East and with all hearings contained herein relative thereto: Commencing at the West quarter corner of said Section 36. thence, along the said West line, South 00002101" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter, North 89056140" East 51.69 feet to the East right-of-way of South College Avenue (U.S. Highway No. 287) ; thence along said east right-of-way North 00004'24" East 325.18 feet to the boundary of the "National Car Rental P.U.D.", as recorded with the Clerk and Recorder of said Larimer County; thence along said boundary South 89059141" East 710.78 feet; thence continuing along said boundary, North 1.3022'33" West 152.81 feet to the boundary of that certain tract of land as recorded in Book 1571 Page 752 Records of said Clerk and Recorder; thence along said boundary of Book 1571 Pa,9e 752 the following six (6) courses and distances, (1) North 23 12'03" West 107.25 feet; (2) thence North 18032122" West 91.05 feet, (3) thence North 12027129 " East 48.01 feet ; J4) thence North 33025'48" Fast 86.27 feet; (5) thence North 65 52'58" East 104.40 feet; (6) thence North 84013117" West 212.74 feet to the boundary of that certain tract of land as recorded in Book 1681 Page 738 Records of the said Clerk and Recorder ; thence along said boundary of Book 1681 Page 738, North 00024116" West 236.98 feet; thence continuing along said boundary, North 88037159" West 96.63 feet to the boundary of that certain tract of land as recorded in Book 1516 Page 531 records of the said Clerk and Recorder; thence along said boundary of Book 1516 Pa%e 531, the following two (2) courses and distances, (1) North 00 30115" West 291.38 feet; (2) thence South 89029123" West 136.92 feet; thence North 60029136" West 116 . 55 feet to the T_LS�g_€41L� _Qf_��S1aR1N1 of this Description; thence North 89015146" East, 191.86 feet; thence North 62031124" East, 43.20 feet; thence South 86042121' East; 80.33 feet to the West right-of-way of J.F.R. Parkway; thence along said West right-of-way the following two (2) courses, 1) 165.79 feet along a curve concave to the East, having a central angle of 14023132", a radius of 660.00 feet, and a chord which bears North 03047111 " East , 165 .35 feet ; (2 ) thence North 10058157" East, 35.73 feet; thence South 89030124" West 235.94 feet; thence South 00129136" East, 121.00 feet; thence South 44030'24" West, 132.96 feet to the True Point of Beginning. The above described tract contains 50,058.3 square feet more or less and is subject to all easements and rights-of-way now in use or on record. PARCEL IX-B A tract of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the Southwest quarter of said Section 36 as bearing South 00002101" East and with all bearings contained herein relative thereto: Co.; mencing at the West quarter corner of said Section 36: thence, along the said West line, South 00002101" East 1322.96 feet to the South line, North half, said Southwest quarter; thence along said South line, North half, Southwest quarter, North 89056140" East 51.69 feet to the East right-of-way of South College Avenue (U.S. Highway No. 287) ; thence along said east right-of-way North 00004124" East 325.18 feet to the boundary of the "National Car Rental P.U.D.", as recorded with the Clerk and Recorder of said Lorimer County; thence along said boundary South 89059141" East 710.78 feet; thence continuing along said boundary, North 1.3022133" West 152.81 feet to the boundary of that certain tract of land as recorded in Book 1571 Page 752 Records of said Clerk and Recorder ; thence along said boundary of Book 1571 Pagge 752 the following six (6) courses and distances, (1) North 23 12'03" West 107.25 feet, (2) thence North 18032122" West 91.05 feet; (3) thence North 12027 ' 29 " East 48 . 01 feet , (4 ) thence North 33025'48" East 86.27 feet; (5) thence North 65052158" East 104.40 feet; (6) thence North 84013'7.7" West 212.74 feet to the boundary of: that certain tract: of land as recorded in Book 1681 Page 738 Records of the said Clerk and Recorder ; thence along said boundary of Book 1681 Page 738, North 00024116" West 236.98 feet; thence continuing along said boundary, North 88037159" West 30.51 feet to the of this Description; thence continuing along said boundary North 88037159" West 66.12 feet to the boundary of that certain tract of land as recorded in Book 1516 Page 531 records of the said Clerk and Recorder; thence along said boundary of Book 1516 PaO e 531, the following two (2) courses and distances, (1) North 00 30'15" West, 291.38 feet; (2) thence South 89029123" West, 136.92 feet; thence North 00029'36" West, 116.55 feet; thence North 81015146" East, 191.86 feet; thence North 62031124" East 43.20 feet; thence South 86042121" Gast, 59.43 feet; thence South 10058157" West, 435.23 feet to the True Point of Beginning. The above described tract contains 61,617.0 square feet more or less and is subject to all easements and rights-of-way now in use or on record.