HomeMy WebLinkAbout050 - 04/06/2004 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECT ORDINANCE NO. 050, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS IN CONNECTION WITH THE STORMWATER UTILITY DRAINAGE
OUTFALL FOR THE NORTH TRIBUTARY SYSTEM AND THE STREET OVERSIZING
ZIEGLER ROAD REALIGNMENT PROJECT
WHEREAS, the Stormwater Utility Drainage Outfall for the North Tributary System and
the Street Oversizing Ziegler Road Realignment Project("Project")is scheduled to start in the Fall
of 2004; and
WHEREAS, the Project impacts existing developments (Parkwood, Parkwood East, and
Meadows East) as well as two new developments (Ridgen Farm and Sidehill) which have been
working with the City on regional drainage improvements and includes a new alignment of Ziegler
Road from Drake Road to Horsetooth Road that will improve and upgrade a substandard roadway
to meet minor arterial standards; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing street, drainage and other related improvements in connection with
the Project; and
WHEREAS, the City will negotiate in good faith for the acquisition of said properties from
the owners thereof; and
WHEREAS,the acquisition of the properties is desirable and necessary for the construction
of the Project, is in the City's best interest and enhances the public health, safety and welfare; and
WHEREAS, the acquisition of such properties may, by law, be accomplished through
proceedings in eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the
public interest to acquire the real property described on Exhibits "A" through "S", attached hereto
and incorporated herein by this reference, for the purpose of constructing the Project and other
related improvements for the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the said real property for the City by eminent domain
proceedings.
Section 3. The City Council finds,in the event that acquisition by condemnation of any
parcel described in this Ordinance is commenced, that immediate possession is necessary for the
public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 16th day of
March, A.D. 2004, and to be presented for final passage on the 6th day of April, A.D. 2004.
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of April, A.D. 2003
i
Mayor
ATTEST:
4Q,-UL"�tk
City Clerk
EXHIBIT "A"
s ect Road
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Drake Ro d
DRAINAGE
_ EASEMENT
N CQUISITION
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ROADWAY
EASEMENT
ACQUISITION
Horsetooth Row
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City of Fort Collins - Vicinity Map
McDowell Property `
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EXHIBIT "a,,
LEGAL DESCRIPTION
DRAINAGE EASEM N T AND TEMPORARY CONSTRUCTION EASEMENT
A DRAINAGE EASEbmNT LOCATED IN SECTION 28, TOWNSHIP 7 NORTH,RANGE 68 WEST, OF
THE SIXTH PRINCIPAL MERIDIAN. CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF
COLORADO.MCRIBED AS:
BASIS OF BEARINGS: THE VEST LINE OF THE NORTHWEST QUARTER OF SECTION 28,BEING
MONubCRfi'BD AT THE NORTHERD BY A 3"ALUMINUM CAP STAMPED "RA BRADSHAW"IN A
RANGE BOX AND AT THE SOUTH END BY A 3" ALUMINUM CAP STAMPED "IS 1749T' IN A
RANGE BOX BEARS S000LO'52"B. WITH A DISTANCE OF 2650.99, BETWEEN DESCRIBED
MONLTMENTATION.
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
29;
THENCE 300010'32'B ON THE WEST LTNE OF SAID NORTHWEST QUARTER. 101.11 FEET TO THE
POINT OF BEGINNING- SAID POINT OF BEGINNING ALSO BEING A POINT ON THE
SOUTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;
THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN
RAILROAD THE FOLLOWING TBREE(3)COURSES:
1) S49039'W'E,ADISTANCE OF 1,25227 FEET TO APOINT OF CURVATURE;
2) ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 07019'10"
AND A RADIUS OF 5,790.00 FEET.A DISTANCE OF 738.39 FEET,THE CHORD OF SAID CURVE
BEARING S53'LS'35B WITH A LENGTH OF 737.93 FEET TO A POINT OF TANGENCY;
3) S56°58'10E,A DISTANCE OF 5,436.66 FEET;
THENCE S3300l'50"W,A DISTANCE OF 75.00 FEET;
THENCE N56058'10"W,A DISTANCE OF 84.64 FEET;
THENCE S33001'50'rW,A DISTANCE OF 135.00 FEET;
THENCE N56658'10"W,A DISTANCE OF 210.00 FEET;
THENCE N33001'50 E.A DISTANCE OF 135.00 FEET;
THENCE N56-58'10"W,A DISTANCE OF 5,142A2 FEET TO A P01NT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF
07°19'10" AND A RADIUS OF 5,955.00 FEET, A DISTANCE OF 747.97 FEET,THE CHORD OF SAID
CURVE BEARING N53018'35'W WITH A LENGTH OF 747.46 FEET TO A POINT OF TANGENCY;
THENCE N49039'00"W,A DISTANCE OF 879.38 FEET;
THENCE S40021'00W,A DISTANCE OF 45.00 FEET;
THENCE N49°39'00"W, A DISTANCE OF 27029 FEET TO A POINT ON THE WEST LINE OF SAID
NORTHWEST QUARTER;
THENCE ALONG WEST LINE OF SAID NORTHWEST QUARTER NOO°10'52"W, A DISTANCE OF
157.88 FEET TO THE POINT OF BEGINNING;CONTAINING 596,382 SQUARE FEET OR 13.69 ACRES.
TOGETHER WITH:
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
LAR04ER COUNTY,STATE OF COLORADO,DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION
28;
THENCE S00010'52E ON THE WEST LINE OF SAID NORTHWEST QUARTER,258-99 FEET TO THE
POINT OF BEGINNING;
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THENCE S49'3TW E,A DISTANCE OF 270.29 FEET;
THENCE N40021'00"E,A DISTANCE OF 45.00 FEET; ,.
THENCE S49039'00E,A DISTANCE OF 979.38 FEET TO A POINT OF CURVATURE;
ALONG THE ARC OF A CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 07019'10"AND A
RADIUS OF S,855.00 FEET, A DISTANCE OF 74757 FEET,THE CHORD OF SAID CURVE BEARING
S53'18'35"E WITH A LENGTH OF 747.46 FIST TO A POINT OF TANGENCY;
THENCE S5605810"E.A DISTANCE OF 5,142.M FEET;
THENCE S33001'50"W.A DISTANCE OF 135.00 FEET;
THENCE S56059'10"E,A DISTANCE OF 210.00 FEET;
THENCE N33001'50"E,A DISTANCE OF 135.00 FEET;
THENCE S56'58'10"E,A DISTANCE OF 84.64 FEET;
THENCE N33001'50"E,A DISTANCE OF 75,00 FEET;
THENCE S56058'10"E,A DISTANCE OF 25.00 FEET;
THENCE S33'01'50W,A DISTANCE OF 100.00 FEET;
THENCE S78001'50"W,A DISTANCE OF 119.70 PEEL;
THENCE S33001'50"W,A DISTANCE OF 5036 FEET;
THENCE N56058'10"W.A DISTANCE OF 260.00 FEET;
THENCE N33001'5P'E,A DISTANCE OF 135.00 FEET;
THENCE N56058'10"W,A DISTANCE OF 5,117.02 FEET TO A POINT OF CURVATURE:
ALONG THE ARC OF A CURVE TO THE RIGHT.SAID CURVE HAVING A DELTA OF 07019'10"AND
A RADIUS OF 5,390.00 FEET,A DISTANCE.OF 751.16 FEET,THE CHORD OF SAID CURVE BEARING
N53418'35"W WITH A LENGTH OF 750.65 FEET TO A POINT OF TANGENCY;
THENCE N49039'00"W,A DISTANCE OF 809.39 FEET;
THENCE S85021'00"W,A DISTANCE OF 63.64 FEET;
THENCE N49039'W W, A DISTANCE OF 273.92 FEET TO A POINT ON THE WEST LINE OF SAID
NORTHWEST QUARTER;
THENCE ALONG WEST LINE OF SAID NORTHWEST QUARTER NOO'10'52"W,A DISTANCE OF 32.89
FEET TO THE POINT OF BEGINNING;CONTAINING 198,099 SQUARE FEET OR 4.55 ACRES.;
1,MICHAEL S.BRAKE,A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN THE
STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXXMIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS
OF MY BNO TION,AND BELIEF,ARE CORRECT.
0 REGI.
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RESPONSIBM"FOR OWNPNLW NGHTS OR ZXISTING EASEUMT RIGHTS AND R£COMMFNDS CONSULTA770M WITH AN
ATTORNEY.
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EXHIBIT"F"
LEGAL DESCRIPTION
PUBLIC RIGHT-OF-WAY
A TRACT OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 28,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRUIED
AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF 714E SOUTHWEST ONE QUARTER OF SAID
SECTION 28, BEING MONUMENTED AT THE NORTH END BY A 3 1/4"ALUMINUM CAP
STAMPED"LS 17497" IN A RANGE BOX, AND AT THE SOUTH END BY A 2 1/2" ALl IIr41NL14M
CAP STAMPED"LS 14823, 1995, RBD, INC", BEARS S00°I0'52"E, A DI:)FANCE OF 2656.99
FEET.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28;
THENCE SOO°10'52"E ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, A
DISTANCE OF 265.86 FEET,TO THE POINT OF BEGINNING;
THENCE S03009'01"E, A DISTANCE OF 1189.58 FEET,TO THE NORTHWESTERLY RIGHT OF
WAY OF EXISTING ZIEGLER ROAD;
THENCE S57057'03 W,A DISTANCE OF 72.55 FEET TO A POINT ON THE WEST LINE OF SAID
SOUTHWEST ONE-QUARTER;
TIIENCE N00°10'52"W, ON SAID WEST LINE, A DISTANCE OF 1226.29 FEET TO THE POINT
OF BEGINNING;
CONTAINING A CALCULATED AREA OF 37,781 SQUARE FEET, OR 0.867 ACRES
LEGAL DESCRIPTION STATEMENT
1, DAVID P. ROBERTS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO
IIEREBY STATE THA ' ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR
UNDER MY RE �� ARGE, AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION CT.
DAVID P. ROB •.rROFESSIF ' LAND SURVEYOR DATE
COLORADO P.L. g''S?82S ' Ja,
FOR AND ON BE 11FO INEERING, LLC
11113 LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY 1R ENGINEERING TO DETERMINE 0 WNERSI lip OF
THIS TRACTOR VERIFY EASEMENTS OF RECORD.IR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBIL(TY FOR OWNERSHIP RIGFITS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN
ATTORNEY.
EXHIBIT "C"
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LEGAL DESCRIPTION
SLOPE EASEMENT
A SLOPE EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHWEST ONE QUARTER OF
SECTION 28,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS,COUNTY OF LARIMER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 28,
BEING MONUMENTED AT THE NORTI4 END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX, AND AT THE SOUTH END BY A 2-1l2"ALUMINUM CAP STAMPED"LS 14823, 1995, RBD,
INC.", IS ASSUMED TO BEAR S00°10'52"E WIH A DISTANCE OF 2650.99 FEET BCTWCEN SAID
MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE S00"10'52"C
ON THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 65.56 FEET, TO THE
POINT OF BEGINNING;
THENCE S05041'45"E A DISTANCE OF 356.17 FEET;
THENCE S0402428"E A DISTANCE OF 299.20 FEET;
THENCE S00000'00"E A DISTANCE OF 100.00 FEET;
THENCE S05026'18"E A DISTANCE OF 606.67 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF
OLD COUNTY ROAD 9;
TI4ENCE S57057'13"E ON SAID NORTHWESTERLY RIGHT-OF-WAY A DISTANCE OF 59.29 FEET;
THENCE N03008'38"W A DISTANCE OF 1190.88 FEET, TO THE WEST LINE OF THE SOUTHWEST ONE
QUARTER;
THENCE N00010'52"W ON SAID WEST LINE, A DISTANCE OF 199.00 FEET, TO THE POINT OF
BEGINNING.
CONTAINING A CALCULATED AREA OF 41,999 SQUARE FEET OR 0.96 ACRES.
I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED 111I81T
WERE PREI'ARCD •SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION, Q( ORRECT.
'•P•ROE"•. O
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DAVID P. ROB -?ROFESSI�1 AND SURVEYOR
COLORADO PL 925...••'
FOR AND ON TH LTLPp GINEERING, LLC.
77HS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH B I JR ENGINEERING TO DETERMINE OIVNERSHIP OF THIS
TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND TILE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY
FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WVIT11 ANAT70RNEY.
EXHIBIT "I"
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Exhibit"A-2"
EXHIBIT "I„
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A DRAINAGE EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHWEST ONE QUARTER OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, COUNTY OF LARIMER,STATE OF COLORADO,$EING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 28,
BEING MONUMENT'ED AT THE NORTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX, AND AT THE SOUTH END BY A 2-112" ALUMINUM CAP STAMPED"LS 14823, 1995, RBD,
INC", IS ASSUMED TO BEAR S00"10'52"E WIH A DISTANCE OF 2650.99 FEET BETWEEN SAID
MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE S00°10'52"E
ON TI IE WEST LINE OF SAID SOUTHWEST ONE QUARTER A DISTANCE OF 716.83 FEET;
THENCE S90000'00"E A DISTANCE OF 53.65 FEET,TO THE POINT OF BEGINNING;
THENCE S90000'00"E A DISTANCE OF 60.10 FEET,TO THE EASTERLY RIGII C-OF-WAY OF OL COUtlTY
ROAD 9 AS IT EXISTED ON 14 NOVEMBER, 2001;
THENCE S00009'47"E ON SAID EASTERLY RIGI IT-OF-WAY A DISTANCE OF 701.25 FEET;
THENCE S57057'13"W ON THE NORTHWESTERLY ROW OF SAID OLD COUNTY ROAD 9, A DISTANCE
OF 5.01 FEET;
TI IENCE N05028'18"W A DISTANCE OF 606.67 FEET;
TI IENCE N00000'00"E A DISTANCE OF 100.00 FELT,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 25,516 SQUARE FEET OR 0.59 ACRES.
I, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACIIED EXIIIBIT
WERE PREPARED U ONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION,AN o7!@!� RECT.
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DAVID P. ROBE R •FESSION¢iX D SURVEYOR
COLORADO PLS 75.,....•
FOR AND ON THE B ftWA NEERING, LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A 777-LE SEARCH RYJR ENGINEERING TO DETERA41MC OWNERSHIP OF THIS
TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEIOR OF RECORD ASSUMES NO RESPONSIBILITY
FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOdI6IENDS CONSULTATION WITH ANATTORNEY.
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EXHIBIT"L"
LEGAL DESCRIPTION
SLOPE EASEMENT
A SLOPE EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION
28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT
COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST QUARTER OF SLCTION 29, BEING
MONUMENTED AT THE WEST END BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A
RANGE BOX, AND AT THE EAST END BY A 3" ALUMINUM CAP STAMPED "RA BRADSHAW" IN A
RANGE BOX, IS ASSUMED TO BEAR S89"26'35"E, with A DISTANCE OF 2641.51 FEET BETWEEN
DESCRIBED MONUMENTATION.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28, THENCE N00°10'52"W ON
THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 42A6 FEET, TO THE POINT OF
BEGINNING;
THENCE CONTINUING N00"10'52"W ON SAID WEST LINE,A DISTANCE OF 74.26 FEET;
THENCE S22011'04"E,A DISTANCE OF 46.00 FEET;
THENCE S28025'18"W,A DISTANCE OF 36,00 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 156 SQUARE FEET,OR 0.0035 ACRES.
1, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT
IBIT
WERE PREPARED UN SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION,AN R9 RRECT
& p.flOgF9..,F0
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DAVID P. ROBE FStOFESSION(i D SURVEYOR
COLORADO PLS 8?S
FOR AND ON THE ALA EERING, LLC.
TINS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCII HYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS
TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY
FOR ORWERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION IVITII ANATTORNEY.
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LEGAL DESCRIPTION
PUBLIC RIGHT-OF-WAY
A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTL•R OF SECT ION 28,
TOWNSHIP 7 NORTH,RANGE-68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,IN THE
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF
SECTION 28, BEING MONUMENTED AT THE NORTH END BY A 3 1/4" ALUMINUM
CAP STAMPED"LS 17497" IN A RANGE BOX, AND AT TIIE SOUTH END BY A 2 1/2"
ALUMINUM CAP STAMPED %S 14923. 1995, RDD, INC", 1S ASSUMED TO BEAR
S00010'52"E, WITH A DISTANCE OF 2651.04 FEET BETWEEN DESCRIBED
MONUMENTATION.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28;
THENCE SOO*10'52"E ON THE WEST LINE OF SAID SOUTHWEST' ONE-QUARTER, A
DISTANCE OF 1544.15 FEET; '
THENCE N89049'09"E, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT-OF
WAY LINE OF ZIEGLER ROAD AS IT EXISTED ON 26 OCTOBER, 2001, AND THE
POINT OF BEGINNING;
THENCE N57057'13"E, ON SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 41.29
FEET;
THENCE S03008'52"E,A DISTANCE OF 10.81 FEET,TO A POINT OF CURVEATURE;
THENCE ON A CURVE TO THE RIGHT,HAVING A DELTA OF 07-22-54",A RADIUS OF
1142kO FEET,THROUGH AN ARC DISTANCE OF 147.13 FEET,THE CHORD OF WHICII
BEARS S00032'35"W A DISTANCE OF 147.02 FEET,TO A POINT OF TANGENCY;
THENCE SO4014'02"W,A DISTANCE OF 230.44 FEET,TO A POINT OF CURVEATURE;
THENCE ON A CURVE TO THE LEFT HAVING A DELTA OF 04023'46",A RADIUS OF
1058,00 FEET,THROUGH AN ARC DISTANCE OF 81.18 FEET,THE CHORD OF WHICH
BEARS S02002'W'W,A DISTANCE OF 8 1.15 FEET,TO A POINT OF TANGENCY;
TIIENCE S00009'44"E,A DISTANCE OF 175.09 FEET;
THENCE S89049'08"W, A DISTANCE OF 12.84 FEET TO THE EASTERLY RIGHT-OF-
WAY LINE OF ZIEGLER ROAD,AS 1T EXISTED ON 26 OCTOBER,2001;
THENCE N00010'52"W ON SAID EASTERLY RIGIIT-OF-WAY LINE, A DISTANCE OF
621.93 FEET TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 14,439 SQUARE FEET OR 0.331 ACRES.
LEGAL DESCIUP17ON STATEMENT
1, DAVID P. ROBERTS. A REGISTERED LAND SURVEYOR IN THE STATE OF
COWRADO, DO EIE THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY ESPONSIBLE CHARGE, AND ON-I HE BASIS OF
MY KN ]LED G BELIEF,IS CORRECT.
T
j sE 27 NoVO/
DAVID P.ROBE FESSipfij. AND SURVEYOR DATE
COLORADO P.L.S. 44''
FOR AND ON BEIIA INEERING,LLC
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE TITLE SEARCH BY IR ENGINEERING TO DETERMINE
OWNERSHIP OF TIIIS TRACT OR VERIFY EASEMENTS OF RECORD.IR ENGINEERING AND TIIE SURVEYI)R OF
RECOItO ASSUMES NO RESPONSIBILITY FOR O WNERSHIP RIGHTS OR EX6 PING @ASEMEN f RIGIITS AND
RECO=EHDS CONSULTATION WITH AN ATTOIW EY. t
X:U9 I0M.AIU91MI OUI.11LLe1.11 PImR9 I6414LGLAJm
P.,I oft
Exhibit"A-I"
EXHIBIT,,O,,
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LEGAL DESCIUPTION
SLOPE EASEMENT
A SLOPE EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHWEST ONE QUARTER OF
SECTION 28,TOWNSHIP 7 NORTH.RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF
FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:THB WEST LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23.
BEING MONUMENTED AT THE NORTH END BY A 3"ALUMINUM CAP STAMPED "LS 17497" IN A
RANGE BOX,AND AT THE SOUTH END BY A 2-12"ALUMINUM CAP STAMPED"LS 14923. 1995,RBI),
INC.", IS ASSUMED TO BEAR S00"10.52"E WIII A DISTANCE OF 2650.99 FEET BETWEEN SAID
MONUMENTS.
COMMENCING AT THE WEST ON"UARTER CORNER OF SAID SECTION 28,TTIENC13 S00"10'52"E
ON THE E WEST LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 1522.29 FEET;
IIIL'NCE N89.49'1 VT A DISTANCE OF 65.07 FEET, TO THE SOUTU EASTERLY RIGHT-OF-WAY OF
OLD COUNTY ROAD 9 AND THE POINT OF BEGINNING;
THENCE N M57'13"E ON SAID SOUTHEASTERLY RIGHT-OF-WAY,A DISTANCE OF 62.64 FEET,
TI IENCE S24"34'59"E A DISTANCE OF 99.31 FEET;
l'IIENCE 315"19'07"W A DISTANCE OF 96.00 FEET;
TI IENCE S00"00'00"E A DISTANCE OF I15.00 FEET;
I I IENCE S15"13'00"W A DISTANCE OF 325.00 FEET TO THE EASTERLY RIGHT OF WAY OF ZIEGLER
ROAD;
THENCE ON SAID EASTERLY RIGHT OF WAY THE FOLLOWING FIVE COURSES:
- I N00"09'44"W A DISTANCE OF 100.46 FEET,TO A POINT OF CURVE;
2.ON 111E ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 04"23'46",A RADIUS OF 1059 00
FEET,A DISTANCE OF 9 1.17 FEET,THE CHORD OF WHICII BEARS NO2"02'09"E A DISTANCE OF$1.15
FEET,TO A POINT OF TANGENT;
3.N04"14'02"E A DISTANCE OF 230 44 FEET,TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE LEFT HAVING A DELTA OF 07-22.53", A RADIUS OF 4I42.00
FEET, A DISTANCE OF 147.13 FEET, THE CHORD OF WHICH BEARS N00"32'35"E A DISTANCE OF
147.02 FEET;
5.NO3"08'52"W A DISTANCE OF 10.81 FEET,TO THE POINT OF BEGINNING.
CONTA IN[NO A CALCULATED AREA OF 32,145 SQUARE FEET OR 0.74 ACRES.
1, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO.DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT
WERE PREPARED LINDE -SPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMKTION,AND,¢51 RRECT.
V
DAVID P.ROBE Ij ESSIONA• D SURVEYOR
COLORADO PLS $45
FOR AND ON THE Y'op. • EBBING,LLC.
AL LA11�
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO
DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERIVG AND
TILE SURVEYOR OF RECORD ASSUAfES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING
EASEMENT RIGHTS AND RECOAfMENDS CONSULTATION IVITHAN ATTORNEY.
X:U910 .&IM91 W CALL jals%UZMs Firo1NtM14LGLC.4x
Exhibit"A-l" rgsi.rl
EXry r rr«Q„
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EXHIBIT"R"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 28,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CI7Y OF FORT COLLINS, COUNTY
OF LARIMER,STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF B'-'IAR[NGS: THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF SECTION 29, BEING
MONUMENTED AT THB NORTH END BY A 3" ALUMINUM CAP STAMPED "LS 17497" IN A RANGE
BOX,AND AT THE SOUTH END BY A 2-1/2"ALUMINUM CAP STAMPED"LS 14823, 1995,RIID. INC". IS
ASSUMED TO BEAR S00"10'52"E,WITH A DISTANCE OF 2650.99 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 28, THENCE S00°10'52"E
ON THE WEST LINE OF SAID SOUTHWEST ONE QUARTER,A DISTANCE OF 1489.22 FEET;
THENCE N89049'08"E, A DISTANCE OF 118.30 FEET, TO THE SOUTHEASTERLY RIGHT OF WAY OF
OLD COUNTY ROAD 9,AND THE POINT OF BEGINNING;
THENCE ON THE SOUTHEAST AND EASTERLY RIGHT OF WAY OF SAID OLD COUNTY ROAD 9,THE
FOLLOWING TWO(2)COURSES:
1. N57°57'13"E,A DISTANCE OF 68.11 FEET;
2. N00"09'47"W,A DISTANCE OF 549.96 FEET;THENCE S06056'00"E,A DISTANCE OF 592.71 FE1ET;
THENCE S32°14'09"E,A DISTANCE OF 142.96 FEET;
THENCE S43-2613"W,A DISTANCE OF 91.56 FEET;
THENCE N82°59'32"W,'A DISTANCE OF 130.20 FEET, TO AN ANGLE POINT ON THE EASTERLY LINE
OF AN UNRECORDED SLOPE EASEMENT;
THENCE ON SAID EASTERLY LINE,THE FOLLOWING TWO(2)COURSES:
1, N 15"19'07"E,A DISTANCE OF 96.00 FEET;
2. N24°34'59"W,A DISTANCE OF 89.31 FEET,TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 48,267 SQUARE FEET OIL 1.11 ACRES.
1, DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT
WERE PREPARED U PONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION, 0�9olwo��� ORRECT.
9
32025 2 A M O
DAVID P. ROB ;PROFESSIONSlyA ND SURVEYOR
COLORADO PL $9$y,5„ ,.•'Q
FOR AND ON TH �^� GINHERING,LLC.
TINS LEGAL DESCRIP77ON DOES NOT CONSnTUTE A 177LE SEARCH BY JR ENGINEERING T O DETERMINE 1WNERSHIP OF THIS
TIIACY OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY
FOR OWNERSHIP RIGHTS OR EXISTTNG EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITHAN ATTORNEY.
EXRMIT "S"
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