Loading...
HomeMy WebLinkAbout010 - 02/06/2001 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR FOSSIL CREEK PARKWAY AND ORDINANCE NO. 10, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR FOSSIL CREEK PARKWAY AND FOSSIL CREEK TRAIL IMPROVEMENTS FROM COLLEGE AVENUE TO MAIL CREEK LANE WHEREAS, the City of Fort Collins desires to acquire drainage, and slope and trail easements,together with a temporary construction easement, as described in Exhibit"A", attached hereto and incorporated herein by reference ( the "Property"), from the Fossil Creek Homeowners Association ("FCHOA")for the purpose of constructing road improvements and a trail easement to and along Fossil Creek Parkway from College Avenue to Mail Creek Lane; and WHEREAS, the FCHOA has requested that the City initiate an eminent domain action in order to complete the transaction; and WHEREAS, the acquisition of the Property is desirable and necessary for public use to enhance the public health, safety and welfare; and WHEREAS, the acquisition of the Property may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Council finds and hereby determines that it is necessary for the public health, safety and welfare that the City acquire the Property to be used for the purpose of street and trail connections. Section 2. That the Council hereby authorizes the City Attorney and other proper officials to acquire the said real property for the City by eminent domain proceedings. Section 3. That the City Council hereby finds, in the event that the Property is to be acquired by condemnation, immediate possession of the same is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading and ordered published this 16th day of January, A.D. 2001, and to be presented for final passage on the 6th day of February, A.D. 2001. Mayor ATTEST: OWL)E ��UA.. A, L City Clerk Passed and adopted on final reading this 6th day of February, A.D. 2001. Mayor ATTEST: \ } City Clerk EXHIBIT "A" EXHIBIT "I-1" DRAINAGE,PEDESTRIAN ACCESS,AND SLOPE EASEMENT AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N47'46'54"W, 441.16 FEET TO THE POINT OF BEGINNING; Thence N36°43'18"W, 20.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF MAIL CREEK LANE; THENCE along said eastERLY RIGHT-OF-WAY THE FOLLOWING FOUR COURSES: 1. N53°16'55"E, 62.23 FEET; 2. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 470.74 FEET, AN ARC LENGTH OF 185.07 FEET, A CENTRAL ANGLE OF 22°31'32", AND A CHORD BEARING N42°00'56"E, 183.88 FEET; 3. N30'45'10"E, 174.61 FEET; 4. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 575.31 FEET, AN ARC LENGTH OF 236.77 FEET, A CENTRAL ANGLE OF 23°34'48", AND A CHORD BEARING N18'57'46"E, 235.10 FEET; THENCE S89'41'07"E, 5.60 FEET; THENCE S00°l8'53"W, 123.77 FEET; THENCE S00°26'32"W, 31.28 FEET; THENCE N89°33'28"W, 25.04 FEET; THENCE ALONG A CURVE TO THE RIGHT having A RADIUS OF 595.31 FEET, AN ARC LENGTH OF 86.94 FEET, A CENTRAL ANGLE OF 8°22'02", AND A CHORD BEARING S26"34'09"W, 86.86 FEET; THENCE S30'45'10"W, 174.61 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 490.74 FEET, AN ARC LENGTH OF 192.99 FEET, A CENTRAL ANGLE OF 22°31'58", AND A CHORD BEARING S42'01'09"W, 191.75 FEET; THENCE S53'16'55"W, 62.17 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 13,601 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 1 OF 13 EXHIBIT "I-2" DRAINAGE,PEDESTRIAN ACCESS AND SLOPE EASEMENT A 20-FOOT WIDE EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a' ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION ONE, N89°04'48"W, 207.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF SECTION ONE, N89°04'48"W, 25.26 FEET; THENCE N36'43'18"W, 322.93 FEET; THENCE N53'16'42"E, 20.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY; THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY S36'43'18"E, 338.36 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 6,613 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 2 OF 13 DRAINAGE EASEMENT A AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 I/4" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/4" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N47°21'27"W, 2336.94' FEET TO THE POINT OF BEGINNING; THENCE N62'20'00"W, 20.00 FEET; THENCE N27'40'00"E, 21.80 FEET; THENCE NO2'20'00"W, 25.74 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY; THENCE ALONG SAID FOSSIL CREEK PARKWAY RIGHT-OF-WAY, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1001.74 FEET, AN ARC LENGTH OF 20.77 FEET, A CENTRAL ANGLE OF 01*1 I'16", AND A CHORD WHICH BEARS S76°43'38"E, 20.77 FEET; THENCE S02'20'00"E, 25.51 FEET; THENCE S27'40'00"W, 27.15 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1003 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 3 OF 13 DRAINAGE EASEMENT B A 20 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING 10 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION I TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N50°03'37"W, 2589.54' FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S01'16'29"W, 68.51 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE. SAID EASEMENT CONTAINS 1,372 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 4 OF 13 DRAINAGE EASEMENT C AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N49'17'16"W 1183.52 FEET TO THE POINT OF BEGINNING; THENCE S83°03'22"W, 20.00 FEET; THENCE N06°56'38"W, 221.93 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF FOSSIL CREEK PARKWAY; THENCE ALONG SAID FOSSIL CREEK PARKWAY S36°43'18"E, 40.27 FEET; THENCE S06°56'38"E, 186.98 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 4,089 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 5 OF 13 DRAINAGE EASEMENT D AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N53°24'33"W 573.32 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY S36°43'18"E, 20.73 FEET; THENCE S38'00'49"W, 43.89 FEET; THENCE S11'59'11"E, 32.09 FEET; THENCE S78'00'49"W, 20.00 FEET; THENCE N11'59'11"W, 41.41 FEET; THENCE N38'00'49"E, 58.67 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1,761 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 6 OF 13 TEMPORARY CONSTRUCTION EASEMENT A AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 Ya" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N44'51'51"W, 2250.04' FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY, AND ALONG A CURVE TO THE RIGTHT HAVING A RADIUS OF 1001.74 FEET, AN ARC LENGTH OF 15.00 FEET, A CENTRAL ANGLE OF 00°51'29", AND A CHORD WICH BEARS S68°29'26"E, 15.00 FEET; THENCE S21'04'49"W, 25.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVINGF A RADIUS OF 976.74 FEET, AN ARC LENGTH OF 103.55 FEET, A CENTRAL ANGLE OF 06'04'28", AND A CHORD WHICH BEARS N71'04'37"W, 103.51 FEET; THENCE S15'00'21"W, 39.63 FEET; THENCE N77°14'26"W, 118.17 FEET; THENCE N09'36'48"E, 33.70 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 971.74 FEET, AN ARC LENGTH OF 104.62 FEET, A CENTRAL ANGLE OF 06°10'06", AND A CHORD WHICH BEARS N84'21'19"W, 104.57 FEET; THENCE N00°47'29"E, 15.01 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 986.74 FEET, AN ARC LENGTH OF 121.93 FEET, A CENTRAL ANGLE OF 07'04'47", AND A CHORD WHICH BEARS S83'55'35"E, 121.85 FEET; THENCE S09'36'48"W, 29.47 FEET; THENCE S77'14'26"E, 52.22 FEET; THENCE S62°20'00"E, 20.00 FEET; THENCE S77°14'26"E, 18.28 FEET; THENCE N15'00'21"E, 40.33 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 991.74 FEET, AN ARC LENGTH OF 105.14 FEET, A CENTRAL ANGLE OF 06°04'28", AND A CHORD WHICH BEARS S71'57'25"E, 105.10 FEET; THENCE N21°04'49"E, 10.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 6,515 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 7 OF 13 TEMPORARY CONSTRUCTION EASEMENT B A TEMPORARY CONSTRUCTION EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING 25 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE LESS AND EXCEPT THE DRAINAGE EASEMENT BEING 10 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE : COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 I/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 '/a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N50'03'37"W, 2589.54' FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE S01'16'29"W, 68.51 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE OF THE DRAINAGE EASEMENT; THENCE 25 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE S01°16'29"W, 15.00 FEET TO THE POINT OF TERMINUS OF THE TEMPORARY CONSTRUCTION EASEMENT CENTERLINE. SAID EASEMENT CONTAINS 2,807 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 8 OF 13 TEMPORARY CONSTRUCTION EASEMENT C AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89'06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N44'00'36"W 1297.74 FEET TO THE POINT OF BEGINNING; THENCE S06'56'38"E, 175.76 FEET; THENCE S83'03'22"W, 50.00 FEET; THENCE N06'56'38"W, 263.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF FOSSIL CREEK PARKWAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY, S36`43"18"E, 30.20 FEET; THENCE S06'56'38"E, 221.93 FEET; THENCE N83'03'22"E, 20.00 FEET; THENCE N06'56'38"W, 186.98 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF FOSSIL CREEK PARKWAY; THENCE ALONG SAID FOSSIL CREEK PARKWAY S36'43'18"E, 30.20 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 6,884 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 9 OF 13 TEMPORARY CONSTRUCTION EASEMENT D AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LAREAER, STATE OF COLORADO;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A#6 REBAR WITH A 3 1/4" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123)WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N64'35'29"W,552.90 FEET TO THE POINT OF BEGINNING; THENCE N11'59'11"W, 63.41 FEET; THENCE N38'00'49"E, 38.66 FEET; THENCE N36'43'18"W, 338.55 FEET; THENCE N53'16'42"E, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY S36°43'18"E, 15.00 FEET; THENCE S53°16'42"W, 15.00FEET; THENCE S36`43'18"E,335.00 FEET; THENCE S38'00'49"W,43.12 FEET; THENCE S 11'59'11"E,41.41 FEET; THENCE N78'00'49"E,20.00 FEET; THENCE Ni 1'59'11"W,32.09 FEET; THENCE N38'00'49"E, 43.89 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY, S36°43'18"E, 15.55 FEET; THENCE S38'00'49"W, 32.80 FEET; THENCE S 11'59'11"E,40.09 FEET; THENCE S78'00'49"W,50.00 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 8,430 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 10 OF 13 GRADING AND SLOPE EASEMENT A AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A#6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123)WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N44'5 F 51"W, 2250.04' FEET TO THE POINT OF BEGINNING; THENCE S21'04'49"W, 10.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 991.74 FEET, AN ARC LENGTH OF 105.14 FEET, A CENTRAL ANGLE OF 06'04'28", AND A CHORD WHICH BEARS N71'57'25"W, 105.10 FEET; THENCE S15'00'21"W,40.33 FEET; THENCE N77°14'26"W, 18.28 FEET; THENCE N62'20'00"W,20.00 FEET; THENCE N77°14'26"W, 52.22 FEET; THENCE N09'36'48"E, 29.47 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 986.74 FEET, AN ARC LENGTH OF 121.93 FEET, A CENTRAL ANGLE OF 07°04'47", AND A CHORD WHICH BEARS N83'55'35"W, 121.85 FEET; THENCE N00°47'29"E, 15.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY AND ALONG A CURVE HAVING A RADIUS OF 1001.74 FEET, AN ARC LENGTH OF 324.72 FEET, A CENTRAL ANGLE OF 18°34'22", AND A CHORD WHICH BEARS S78°12'22"E, 323.30 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 7242 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 11 OF 13 GRADING AND SLOPE EASEMENT D AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1,TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A#6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 3 1/a" ALUMINUM CAP STAMPED PLS 20123)WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N53'24'33"W 573.32 FEET TO THE POINT OF BEGINNING; THENCE S38'00'49"W, 15.55 FEET; THENCE N36'43'18"W,335.00 FEET; THENCE N53'16'42"E, 15.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY; THENCE S36'43'18"E, 330.91 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF FOSSIL CREEK PARKWAY TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 4,994 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. PAGE 12 OF 13 EXHIBIT "A" A TRAIL EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, THE SAID EASEMENT IS ALSO LOCATED IN THE OPEN AREA TRACT E AS SHOWN ON THE PLAT OF FOSSIL CREEK MEADOWS 1ST FILING, A PLAT OF RECORD WITH THE CLERK AND RECORDER OF THE SAID LARIMER COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; A TRACT OF LAND 30.00 FEET WIDE (MEASURED AT RIGHT ANGLES) LYING SOUTHERLY OF PARALLEL WITH AND ADJACENT TO THE SOUTH RIGHT OF WAY OF FOSSIL CREEK PARKWAY AS SHOWN ON THE SAID PLAT OF FOSSIL CREEK MEADOWS 1ST FILING, LYING BETWEEN THE EAST RIGHT OF WAY OF FOSSIL RIDGE DRIVE AND THE SOUTH BOUNDARY OF THE SAID PLAT OF FOSSIL CREEK MEADOWS 1ST FILING. PAGE 13 OF 13