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HomeMy WebLinkAbout135 - 09/07/2004 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTIO ORDINANCE NO. 135, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECTION WITH THE MASON TRANSPORTATION CORRIDOR TRAIL PROJECT WHEREAS, the Mason Transportation Corridor Trail Project (the "Project') is scheduled to start in the Fall of 2004; and WHEREAS, the Project includes the construction of a bicycle/pedestrian trail and lighting and landscape improvements along the Burlington Northern Santa Fe Railway corridor from Harmony Road north to the Spring Creek trail; and WHEREAS, it is necessary for the City to acquire certain properties hereinafter described for the purpose of constructing the trail and associated improvements; 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 ORDAINED 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 attached Exhibits "A" through "G", 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 17th day of August, A.D. 2004, and to be presented for final passage on the 7th day of September, A.D. 2004. f; Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of September, A.D. 2004. Mayor ATTEST: IML�� City Clerk EXHIBIT "A" 1 LOCATION SKETCH PRESERVE AT THE MEADOWS LTD. BNSF ROW 100' I I N L7 NTS :. JULY 22, 2004 9 I c 3 m LINE AND CURVE TABLE PERMANENT ESMT. ONLY CwSe B."IN gftence Ll N 01•02V2'E "AW L2 N 85'50142'E G.W. L] N 03'S]'29'V 20.00' L4 S.5'S.. V 8.90' L5 N 16-07.35'E 5.68' E%STING 15' ACCESS L6 N 01'03.52'E 17343' AND DRAINAGE EASEMENT LB N w'35'56'V 024' \� LB S 0.:37'26'V 21.42' ` 10 L9 S 16.07'53'V 1011' r L10 5 95'58'42'V 112' 4•..:u:lE "1 111 S 04•0'56'E 6.N' L12 3 BS•54.04'V 4192' LIb. L13 S 21'52V8'V SNP L14 N 61'34'04'E 43.92' US 5 04.OS36'E 6.W LI6 N 63.38.42'E 37' L17 S 01'02'39'V 6355' LI8 S 89'43'3B•E 19.N' C— Rod— -,It DO*. '(PPCS 6 a C2 44%GG MAW iiai' 4.48 38- C3 492.N' 162.R' 18-51,35, C4 989.W' 72.N' 4'II'2]' R 389.N' >134' 10']P27' C6 511. 16921' 1 8'58 '20' 17 9LN'N' .0.63' 24'19'18' CB 990W 4226' 24.27'20' C9 MIA., 43.27' 4'51'06• MO 4894V 93.69' 10'50'41• S 1/4 CORNER B.1-4Y39•E I12 SE CORNER 26-7-69 Iw1.8P 's 26-7-69 W. HORSETOOTH RD. MASON TRANSPORTATION TEMP. CONST. ESMT. FOR MASON SLOPE ESMT. FOR MASON' 'CORRIDOR TRAIL EASEMENT TRANSPORTATION CORRIDOR TRAIL TRANSPORTATION CORRIDOR TRAIL 9371 SO. FT. 7021 SO. FT. 8454 SO. FT. (TOTAL) TEMP. CONST. ESM'T.- SLOPE ESMT.- PERM. ESM'T.- THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND 00 NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. H:\CLP\MTC\MSCMSTR2.DWC EXHIBIT"A" DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE PRESERVE AT THE MEADOWS, LTD . PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Permanent Easement for the Mason Transportation Corridor Trail located in the southeast quarter of Section 26 , Township 7 North, Range 69 West , Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Tract B of the Plat of The Replat Of The Preserve At The Meadows;' a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows ; Considering the south line of the southeast quarter of the said Section 26 as bearing South 89 degrees 43 minutes 38 seconds East between a 3 " Aluminum Cap Monument LS 20123 at the south quarter corner and a 2 . 5" Aluminum Cap Monument LS 14823 at the southeast corner of Section 26 , based upon G. P. S . survey, and with all bearings contained herein relative thereto; Commencing at the south quarter corner of the said Section 26; THENCE along the said south line of the southeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1601 . 80 feet (recorded as 1601 . 56 feet) to the southerly extension of the east line of the said Plat of The Replat Of The Preserve At The Meadows; THENCE along the said extension, North 01 degrees 03 minutes 52 seconds East for a distance of 50 . 00 feet to the southeast corner of the said Tract B and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE North 01 degrees 02 minutes 42 seconds East for a distance of 65 . 60 feet; THENCE along a curve to the left having a radius of 508 . 00 feet and an arc length of 97 . 34 feet, being subtended by a chord of North 04 degrees 26 minutes 42 seconds West for a distance of 97 . 19 feet; THENCE along a curve to the right having a . radius of 492 . 00 feet and an arc length of 41 . 31 feet, being subtended by a chord of North 07 degrees 31 minutes 45 seconds West for a distance of 41 . 30 feet; THENCE non-tangent from the previous curve, North 85 degrees 58 minutes 42 seconds East for a distance of 8 . 90 feet; THENCE North 03 degrees 57 minutes 29 seconds West for a distance of 20 . 00 feet; THENCE South 85 degrees 58 minutes 42 seconds West for a distance of 8 . 90 feet; THENCE along a non-tangent curve to the right having a radius of 492 . 00 feet and an arc length of 162 . 52 feet, being subtended by a chord of North 06 degrees 40 minutes 07 seconds East for a Page 1 of 3 EXHIBIT"A" distance of 161 . 78 feet; THENCE North 16 degrees 07 minutes * 55 seconds East for a distance of 5 . 68 feet to the said east line of Tract B; THENCE along the said east line of Tract B, North 01 degrees 03 minutes 52 seconds East for a distance of 173 . 03 feet to the northeast corner of the said Tract B; THENCE along the north line of the said Tract B, North 88 degrees 55 minutes 56 seconds West for a distance of 0 . 24 feet; THENCE leaving the said north line, along a non-tangent curve to the right having a radius of 989 . 00 feet and an arc length of 72 . 34 feet , being subtended by a chord of South 03 degrees 31 minutes 44 seconds West for a distance of 72 . 32 feet; THENCE South 05 degrees 37 minutes 28 seconds West for a distance of 21 .42 feet ; THENCE along a curve to the right having a radius of 389 . 00 feet and an arc length of 71 . 34 feet, being subtended by a chord of South 10 degrees 52 minutes 41 seconds West for a distance of 71.24 feet; THENCE South 16 degrees 07 minutes 55 seconds West for a distance of 10 . 11 feet; THENCE along a curve to the left having a radius of 511 . 00 feet and an arc length of 169 . 21 feet, being subtended by a chord of South 06 degrees 38 minutes 45 seconds West for a distance of 168 . 43 feet; THENCE non-tangent from the previous curve, South 85 degrees 58 minutes 42 seconds West for a distance of 3 . 12 feet; THENCE South 04 degrees 05 minutes 56 seconds East for a distance of 6 . 00 feet ; THENCE South 85 degrees 54 minutes 04 seconds West for a distance of 43 . 92 feet ; THENCE along a curve to the right having a radius of 91 . 00 feet and an arc length of 38 . 63 feet, being subtended by a chord of North 81 degrees 56 minutes 17 seconds West for a distance of 38 .34 feet to the west line of the said Tract B; THENCE along the said west line, non-tangent from the previous curve, South 21 degrees 52 minutes 48 seconds West for a distance of 8 . 00 feet; THENCE leaving the said west line, along a non-tangent curve to the left having a radius of 99 . 00 feet and an arc length of 42 . 26 feet, being subtended by a chord of South 81 degrees 52 minutes 16 seconds East for a distance of 41 . 94 feet; THENCE North 85 degrees 54 minutes 04 seconds East for a distance of 43 . 92 feet; THENCE South 04 degrees 05 minutes 56 seconds East for a distance of 6 . 00 feet; THENCE North 85 degrees 58 minutes 42 seconds East for a distance of 3 . 07 feet ; THENCE along a non-tangent curve to the left having a radius Page 2 of 3 EXHIBIT"A" of 511 . 00 feet and an arc length of 43 . 27 feet, being subtended by a chord of South 07 degrees 30 minutes 31 seconds East for a distance of 43 . 26 feet ; THENCE along a curve to the right having a radius of 489 . 00 feet and an arc length of 93 . 69 feet , being subtended by a chord of South 04 degrees 26 minutes 42 seconds East for a distance of 93 . 55 feet ; THENCE South 01 degrees 02 minutes 39 seconds West for a distance of 65 . 85 feet to the south line of the said Tract B; THENCE along the said south line, South 89 degrees 43 minutes 38 seconds East for a distance of 19 . 00 feet to the point of beginning. Containing 9371 square feet more less . The above described tract is subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. . The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P .L . S . 17497 P .O. BOX 580 FORT COLLINS, CO 80522 Page 3 of 3 EXHIBIT"A" DESCRIPTION OF A SLOPE EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE PRESERVE AT THE MEADOWS, LTD. PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS Three Slope Easements for the Mason Transportation Corridor Trail located in the southeast quarter of Section 26 , Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easements are also located in Tracts A and B of the Plat of The Replat Of The Preserve At The Meadows, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the southeast quarter of the said Section 26 as bearing South 89 degrees 43 minutes 38 seconds East between a 3 " Aluminum Cap Monument LS 20123 at the south quarter corner and a 2 . 5" Aluminum Cap Monument LS 14823 at the southeast corner of Section 26, based upon G. P. S . survey, and with all bearings contained herein relative thereto; Commencing at the south quarter corner of the said Section 26; THENCE along the said south line of the southeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1601 . 80 feet (recorded as 1601 . 56 feet) to the southerly extension of the east line of the said Plat of The Replat Of The Preserve At The Meadows ; THENCE along the said extension, North 01 degrees 03 minutes 52 seconds East for a distance of 50 . 00 feet to the southeast corner of the said Tract B, and to the east line of the proposed Permanent Easement for the Mason Transportation Corridor Trail ; THENCE along the said proposed east line, North 01 degrees 02 minutes 42 seconds East for a distance of 65 . 60 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE leaving the said proposed east line, North 01 degrees 04 minutes 06 seconds East for a distance of 323 . 99 feet to the east line of the said Tract B and returning to the said proposed east line; THENCE along the said proposed east line the following seven (7) courses and distances, (1) South 16 degrees 07 minutes 55 seconds West for a distance of 5 . 68 feet; (2) along a curve to the left having a radius of 492 . 00 feet and an arc length of 162 . 52 feet, being subtended by a chord of South 06 degrees 40 minutes 07 seconds West for a distance of 161 . 78 feet; (3) non-tangent from the previous curve, North 85 degrees 58 minutes 42 seconds East for a distance of 8 . 90 feet; (4) South 03 degrees 57 minutes 29 seconds East for a distance of 20 . 00 feet; (5) South 85 degrees 58 minutes 42 seconds West for a distance Page 1 of 4 EXHIBIT"A" of 8 . 90 feet ; (6) along a non-tangent curve to the left having a radius of 492 . 00 feet and an arc length of 41 . 31 feet, being subtended by a chord of South 07 degrees 31 minutes 45 seconds East for a distance of 41 . 30 feet; (7) along a curve to the right having a radius of 508 . 00 feet and an arc length of 97 . 34 feet, being subtended by a chord of South 04 degrees 26 minutes 42 seconds East for a distance of 97 . 19 feet to the point of beginning. Containing 3204 square feet more less . TOGETHER WITH: With the above described basis of bearings; Commencing at the above described southeast corner of Tract B; THENCE along the south line of the said Tract B, North 89 degrees 43 minutes 38 seconds West for a distance of 19 . 00 feet to the west line of the said proposed Permanent Easement for the Mason Transportation Corridor Trail and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said proposed west line the following seven (7) courses and distances, (1) North 01 degrees 02 minutes 39 seconds East for a distance of 65 . 85 feet; (2) along a curve to the left having a radius of 489 . 00 feet and an arc length of 93 . 69 feet, being subtended by a chord of North 04 degrees 26 minutes 42 seconds West for a distance of 93 . 55 feet; (3 ) along a curve to the right having a radius of 511. 00 feet and an arc length of 43 . 27 feet, being subtended by a chord of North 07 degrees 30 minutes 31 seconds West for a distance of 43 .26 feet; (4) non-tangent from the previous curve, South 85 degrees 58 minutes 42 seconds West for a distance of 3 . 07 feet; (5) North 04 degrees 05 minutes 56 seconds West for a distance of 6 . 00 feet; (6) South 85 degrees 54 minutes 04 seconds West for a distance of 43 . 92 feet; (7) along a curve to the right having a radius of 99 . 00 feet and an arc length of 42 . 26 feet, being subtended by a chord of North 81 degrees 52 minutes 16 seconds West for a distance of 41 . 94 feet to the west line of the said Tract B; THENCE along the said west line, non-tangent from the previous curve, South 21 degrees 52 minutes 48 seconds West for a distance of 5 . 08 feet; THENCE leaving the said west line, South 67 degrees 18 minutes 02 seconds East for a distance of 31 . 75 feet; THENCE North 85 degrees 54 minutes 04 seconds East for a Page 2 of 4 EXHIBIT'W' distance of 60 . 51 feet; THENCE South 04 degrees 07 minutes 31 seconds East fora distance of 26 . 39 feet ; THENCE South 01 degrees 02 minutes 39 seconds West for a distance of 171 . 55 feet to the said south line of Tract B; THENCE along the said south line, South 89 degrees 43 minutes 38 seconds East for a distance of 14 . 00 feet to the point of beginning. Containing 2866 square feet more less . FURTHER TOGETHER WITH: With the above described basis of bearings ; Commencing at the above described southeast corner of Tract B; THENCE along the east line of the said Tract B, North 01 degrees 03 minutes 52 seconds East for a distance of 562 . 61 feet to the northeast corner of the said Tract B; THENCE along the said north line, North 88 degrees 55 minutes 56 seconds West for a distance of 0 . 24 feet to the west line of the said proposed Permanent Easement for the Mason Transportation Corridor Trail and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said proposed west line the following nine (9) courses and distances, (1) along a non-tangent curve to the right having a radius of 989 . 00 feet and an arc length of 72 .34 feet, being subtended by a chord of South 03 degrees 31 minutes 44 seconds West for a distance of 72 . 32 feet; (2) South 05 degrees 37 minutes 28 seconds West for a distance of 21 . 42 feet; (3) along a curve to the right having a radius of 389 . 00 feet and an arc length of 71 . 34 feet, being subtended by a chord of South 10 degrees 52 minutes 41 seconds West for a distance of 71 . 24 feet ; (4) South 16 degrees 07 minutes 55 seconds West for a distance of 10 . 1i feet; (5) along a curve to the left having a radius of 511 . 00 feet and an arc length of 169 .21 feet , being subtended by a chord of South 06 degrees 38 minutes 45 seconds West for a distance of 168 . 43 feet; (6) non-tangent from the previous curve, South 85 degrees 58 minutes 42 seconds West for a distance of 3 . 12 feet ; (7) South 04 degrees OS minutes 56 seconds East for a distance of 6 . 00 feet; (8) South 85 degrees 54 minutes 04 seconds West for a distance of 43 . 92 feet; (9) along a curve to the right having a radius of 91 . 00 feet and an arc length of 38 . 63 feet, being subtended by a chord of North 81 degrees 56 minutes 17 seconds West for a distance of 38 . 34 Page 3 of 4 EXHIBIT"A" feet to the west line of the said Tract B; THENCE along the said west line, non-tangent from the previous curve, North 21 degrees 52 minutes 48 seconds East for a distance of 1 . 03 feet; THENCE leaving the said west line, North 85 degrees 54 minutes 04 seconds East for a distance of 81 . 65 feet; THENCE North 04 degrees 07 minutes 31 seconds West for a distance of 25 .24 feet; THENCE North 07 degrees 09 minutes 34 seconds East for a distance of 155 .48 feet ; THENCE North 12 degrees 58 minutes 03 seconds East for a distance of 79 . 34 feet; THENCE North 01 degrees 21 minutes 58 seconds East for a distance of 126 . 11 feet to the east line of the said Tract A of The Replat Of The Preserve At The Meadows ; THENCE along the said east line, along a non-tangent curve to the right having a radius of 195 . 00 feet and an arc length of 45 . 46 feet, being subtended by a chord of South 05 degrees 36 minutes 43 seconds East for a distance of 45 . 36 feet to the north line of the said Tract B; THENCE along the said north line, South 88 degrees 55 minutes 56 seconds East for a distance of 2 . 12 feet to the point of beginning. Containing 2384 square feet more less . The above described tracts contain a total of 8454 square feet and are subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P .L . S . 17497 P . O . BOX 580 FORT COLLINS, CO 80522 Page 4 of 4 EXHIBIT"A" DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE PRESERVE AT THE MEADOWS, LTD. PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Temporary Construction Easement for the Mason Transportation Corridor Trail located in the southeast quarter of Section 26, Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Tracts A and B of the Plat of The Replat Of The Preserve At The Meadows , a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the southeast quarter of the said Section 26 as bearing South 89 degrees 43 minutes 38 seconds East between a 3 " Aluminum Cap Monument LS 20123 at the south quarter corner and a 2 . 51' Aluminum Cap Monument LS 14823 at the southeast corner of Section 26, based upon G. P. S . survey, and with all bearings contained herein relative thereto; Commencing at the south quarter corner of the said Section 26 ; THENCE along the said south line of the southeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1601 . 80 feet (recorded as 1601 . 56 feet) to the southerly extension of the east line of the said Plat of The Replat Of The Preserve At The Meadows ; THENCE along the said extension, North 01 degrees 03 minutes 52 seconds East for a distance of 50 . 00 feet to the southeast corner of the said Tract B; THENCE along the south line of the said Tract B, North 89 degrees 43 minutes 38 seconds West for a distance of 33 . 00 feet to the west line of the proposed Slope Easement for the Mason Transportation Corridor Trail, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said proposed west line the following ten. (10) courses and distances , (1) North 01 degrees 02 minutes 39 seconds East for a distance of 171 . 55 feet ; (2) North 04 degrees 07 .minutes 31 seconds West for a distance of 26 . 39 feet; (3) South 85 degrees 54 minutes 04 seconds West for a distance of 60 . 51 feet; (4) North 67 degrees 18 minutes 02 seconds West for a distance of 31 . 75 feet; (5) North 21 degrees 52 minutes 48 seconds East for a distance of 14 . 11 feet; (6) North 85 degrees 54 minutes 04 seconds East for a distance of 81 . 65 feet; (7) North 04 degrees 07 minutes 31 seconds West for a distance of 25 . 24 feet; (8) North 07 degrees 09 minutes 34 seconds East for a distance of 155 .48 feet; (9) North 12 degrees 58 minutes 03 seconds East for a distance Page 1 of 2 EXHIBIT"A" of 79 . 34 feet; (10) North 01 degrees 21 minutes 58 seconds East for a distance of 126 . 11 feet to the east line of the said Tract A; THENCE along the said east line, along a non-tangent curve to the left having a radius of 195 . 00 feet and an arc length of 17 . 85 feet , being subtended by a chord of North 14 degrees 54: minutes 39 seconds West for a distance of 17 . 84 feet; THENCE leaving the said east line, non-tangent from the previous curve, South 01 degrees 21 minutes 58 seconds West for a distance of 126 . 32 feet and returning to the said east line of Tract A; THENCE along the said east line, along a non-tangent curve to the right having a radius of 195 . 00 feet and an arc length of 5 .49 feet, being subtended by a chord of South 21 degrees 04 minutes 18 seconds West for a distance of 5 . 49 feet; THENCE continuing along the said east line, South 21 degrees 52 minutes 48 seconds West for a distance of 5 . 97 feet; THENCE leaving the said east line, South 12 degrees 58 minutes 03 seconds West for a distance of 84 . 07 feet; THENCE South 07 degrees 09 minutes 34 seconds West for a distance of 156 . 97 feet ; THENCE South 04 degrees 07 minutes 31 seconds East for a distance of 18 .23 feet ; THENCE South 85 degrees 54 minutes 04 seconds West for a distance of 67 . 75 feet; THENCE North 67 degrees 18 minutes 02 seconds West for a distance of 9 .47 feet ; THENCE South 21 degrees 52 minutes 48 seconds West for a distance of 33 . 01 feet; THENCE South 67 degrees 18 minutes 02 seconds East for a distance of 43 .45 feet; THENCE North 85 degrees 54 minutes 04 seconds East for a distance of 52 . 90 feet ; THENCE South 04 degrees 07 minutes 31 seconds East for a distance of 15 . 94 feet ; THENCE South 01 degrees 02 minutes 39 seconds West for a distance of 171 . 10 feet to the said south line of Tract B; THENCE along the said south line, South 88 degrees 57 minutes 21 seconds East for a distance of 10 . 00 feet to the point of beginning. Containing 7021 square feet more less . The above described tract is subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P .L. S . 17497 P. O. BOX 580 FORT COLLINS, CO 80522 Page 2 of 2 EXHIBIT•B'. LOCATION SKETCH SOUTH GLEN P. U. D. FOURTH FILING HOME OWNERS ASSOCIATION N S 09.5992'V L11 1 � I BNSF ROW m 50, NTS JULY 27, 2004 0P NO I 5 55 L2 26 y!:::'L&'. :] I q I z m MASON TRANSPORTATION CORRIDOR TRAIL EASEMENT 22935 S0. FT. PERM. ESM'T.= c0�'u lrer2p 9M4r¢r TEMP. CONST. ESM'T. FOR MASON LI N 89.1923•V 1194' TRANSPORTATION CORRIDOR TRAIL 1.2 N 01'O9'26'E 36833' - 10201 SO. FT. L3 N W09'26•E 21011' L1 N 42'Wn•V 11.2r TEMP. CONST. ESM'T.= LS N 82.1WN'E 1&18' L6 N O.1Y06'V 42.03- L3 N P3T36'E )&BF LB S 02•V 3179' L9 S 01.03'S1-03'52'V 4656' L11 8 12.3YIr E 4.18, N� L11 S 02•IYSV V 1&IB' L12 S OVOIDS'E 12rJ' a L13 S m'aazc•v 31071' SLOPE ESM FOR MASON LM 3 0r0W26•v 301W TRANSPORTATION N CORRIDOR TRAIL L16 S 09V923'E 19A0' L17 N 0r54'58 E 121z6• 10866 SO. FT. (TOTAL) t" LIS N 01-M2'E S&37' SLOPE ESMT.= LIB N 01.0Y2O E 27.79' LID IN N 21'M21•V 2427 L21 3 orwal.V 211E' LI N 03.0926•E 0)35' 'Z L23 N Ir99'W'E 1 09 L23 N 2:03M'E 13009' L21 N 32.0319'V 61.90' L2 N 87•IBJ6•E 1' L26 N 83'10'06'V 2232.30' L37 N 02'19'31•E 6.41' L28 H 16.12Y0'V RN' L29 N 03'21'12•E U.56' L30 N I0'23'00•E 61.12' L31 N 0r32'S5•E LWBW L32 N 01V2'IV E 3&R' L33 N 01'OI'S4 E 1.97 L34 S 29.2W19•E 29.86, "I L33 S 33.20'19•E M, :: I L36 S 02'1751'V 21.78' L37 S 22'13'01'E 21.00' L30 S 03.0926'V 261..40: us S 01.01126'V 31671 L40 S 09Y923•E L41 S 09.59152'V &7T v 'I C— R.. -.g h ON1e >J7 31 6LW' 1&76' ISVB'13' C2 42W 31.A' I'.VaP C3 maw BLOB' 13.3"1• d 61.00' 46.5 13VY39' C5 12.0W aLS4 32•IB'17• C6 610W 33.79' 18.OW26' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERLY DESCRIPTION ONLY, AND DO NOT REPRESENT A E 1/4 CORNER MONUMENTED BOUNDARY SURVEY. 35-7-69 SE CORNER NEW�.J N 89.19'23'M 10"..91' MERCER CANAL TRACT H:\CLP\MTD\MSCMSTR2.DWc EXHIBIT"B" DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE SOUTH GLENN P.U.D. FOURTH FILING HOME OWNERS ASSOCIATION PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Permanent Easement for the Mason Transportation Corridor Trail located in the northeast quarter of Section 35, Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins , Larimer County, Colorado, the said easement is also located in Tract A and the New Mercer Canal Tract of the Plat of South Glen P.U.D . Fourth Filing, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows ; Considering the east-west centerline of the said Section 35 as bearing North 89 degrees 49 minutes 23 seconds West between a 3 " Brass Cap Monument LS 17497 at the east quarter corner and a 3 . 25" Aluminum Cap Monument LS 24307 at the west quarter corner of Section 35, based upon G. P. S . survey, and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 35; THENCE along the said east-west centerline of Section 35, North 89 degrees 49 minutes 23 seconds West for a distance of 1059 . 91 feet to the southeast corner of the said New Mercer Canal Tract of the Plat of South Glen P .U.D. Fourth Filing; THENCE along the south line of the said New Mercer Canal Tract, North 89 degrees 49 minutes 23 seconds West for a distance of 16 . 94 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE leaving the said south line, North 01 degrees 09 minutes 26 seconds East for a distance of 368 .53 feet; THENCE North 03 degrees 09 minutes 26 seconds East for a distance of 240 .41 feet; THENCE along a curve to the left having a radius of 61. 00 feet a central angle of 45 degrees 48 minutes 13 seconds and an arc length of 48 . 76 feet, being subtended by a chord of North 19 degrees 44 minutes 40 seconds West for a distance of 47 .48 feet; THENCE North 42 degrees 38 minutes 47 seconds West for a distance of 14 .27 feet; THENCE North 02 degrees 19 minutes 54 seconds East for a distance of 40 . 18 feet; THENCE North 87 degrees 40 minutes 06 seconds West for a distance of 42 . 83 feet; THENCE along a non-tangent curve to the right having a radius of 42 . 00 feet a central angle of 47 degrees 06 minutes 25 seconds and an arc length of 34 . 53 feet, being subtended by a chord of North 05 degrees 55 minutes 37 seconds West for a distance of 33 .57 feet ; Page 1 of 2 EX=`B' THENCE North 17 degrees 37 minutes 36 seconds East for a distance of 76 . 06 feet ; THENCE along a curve to the left having a radius of 358 . 00 feet a central angle of 13 degrees 32 minutes 11 seconds and an arc length of 84 . 58 feet , being subtended by a chord of North 10 degrees 51 minutes 31 seconds East for a distance of 84 . 38 feet to the north line of the said New Mercer Canal Tract ; THENCE along the said north line and along the north line of the said Tract A, non-tangent from the previous curve, South 89 degrees 59 minutes 52 seconds West for a distance of 56 . 79 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 166 . 97 feet; THENCE along a curve to the left having a radius of 61. 00 feet a central angle of 43 degrees 42 minutes 39 seconds and an arc length of 46 . 54 feet , being subtended by a chord of South 20 degrees 47 minutes 27 seconds East for a distance of 45 . 42 feet; THENCE South 42 degrees 38 minutes 47 seconds East for a distance of 14 . 56 feet; THENCE South 02 degrees 19 minutes 54 seconds West for a distance of 40 . 16 feet; THENCE South 87 degrees 40 minutes 06 seconds East for a distance of 42 . 75 feet; THENCE along a non-tangent curve to the right having a radius of 42 . 00 feet a central angle of 32 degrees 16 minutes 47 seconds and an arc length of 23 . 69 feet, being subtended by a chord of South 12 degrees 59 minutes 57 seconds East for a distance of 23 .37 feet; THENCE South 03 degrees 09 minutes 26 seconds West for a distance of 240 . 74 feet; THENCE South 01 degrees 09 minutes 26 seconds West for a distance of 369 . 19 feet to the said south line of the New Mercer Canal Tract; THENCE along the said south line, South 89 degrees 49 minutes 23 seconds East for a distance of 19 . 00 feet to the point of beginning. Containing 22935 square feet more less . The above described tract is subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 2 of 2 EXHIBIT"B" DESCRIPTION OF A SLOPE EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE SOUTH GLENN P .U.D . FOURTH FILING HOME OWNERS ASSOCIATION PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS Five Slope Easements for the Mason Transportation Corridor Trail located in the northeast quarter of Section 35 , Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easements are also located in Tract A and the New Mercer Canal Tract of the Plat of South Glen P .U.D . Fourth Filing, a Plat of record with the Clerk and Recorder of the said 'Larimer County, 'being more particularly described as follows; Considering the east-west centerline of the said Section 35 as bearing North 89L degrees 49 minutes 23 seconds West between a 3" Brass Cap Monument LS 17497 at the east quarter corner and a 3 .251, Aluminum Cap Monument LS 24307 at the west quarter corner of Section 35, based upon G. P.S. survey, and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 35; THENCE _along the said east-west centerline of Section 35, North 89 degrees 49 minutes '23 seconds West for a distance of 1059 . 91 feet to the southeast corner of the said New Mercer Canal Tract of the Plat of South Glen P .U.D. Fourth Filing; THENCE along the south line of the said New Mercer Canal Tract, North 89 degrees 49 minutes 23 seconds West for a distance of 16 . 94 feet to the east line of the proposed Permanent Easement for the Mason Transportation Corridor Trail; THENCE along the said proposed east line, North 01 degrees 09 minutes 26 seconds East for a distance of 124.26 feet to the TRUE POINT OF'BEGINNING OF THIS DESCRIPTION; THENCE leaving the said proposed east line, North 22 degrees 54 minutes 58 seconds East for a distance of 32 . 37 feet; 'THENCE North 01 degrees 09 minutes 26 seconds East for a distance of189 . 16 feet; THENCE North 24 degrees 26 minutes 24 seconds West for a distance of 27 . 78 feet to the said proposed east line; THENCE along the said proposed east line, South 01 degrees 09 minutes 26 seconds West for a distance of 244 . 27 feet to the point ' of beginning. Containing 2601 square feet more less . TOGETHER WITH: With the above described basis of bearings; Commencing at the above described southeast corner of the New Mercer Canal Tract; Page 1 of 5 EXHIBIT`B" THENCE along the south line of the said New Mercer Canal Tract , North 89 degrees 49 minutes 23 seconds West for a distance of 16 . 94 feet to the east line of the proposed Permanent Easement for the Mason Transportation Corridor Trail ; THENCE along the said proposed east line, North 01 degrees 09 minutes 26 seconds East for a distance of 366 . 53 feet; THENCE continuing along the said proposed east line, North 03 degrees 09 minutes 26 seconds East for a distance of 87 .37 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE leaving the said proposed east line, North 17 degrees 55 minutes 00 seconds East for a distance of 45 .35 feet to the east line of the said New Mercer Canal Tract; THENCE along the said east line, North 01 degrees 03 minutes 52 seconds East for a distance of 130 . 89 feet; THENCE leaving the said east line, North 32 degrees 03 minutes 55 seconds West for a distance of 61 . 98 feet to the said proposed _ east line; THENCE along the said proposed east line the following four (4) courses and distances, (1) South 02 degrees 19 minutes 54 seconds West for a distance of 18 . 57 feet; (2) South 42 degrees 38 minutes 47 seconds East for a distance of 14 .27 feet ; (3) along a curve to the right having a radius of 61. 00 feet a central angle of 45 degrees 48 minutes 13 seconds and an arc length of 48 . 76 feet, being subtended by a chord of South 19 degrees 44 minutes 40 seconds East for a distance of 47 .48 feet; (4) South 03 degrees 09 minutes 26 seconds West for a distance of 153 . 04 feet to the point of beginning. Containing 1911 square feet more less . FURTHER TOGETHER WITH: With the above described basis of bearings; Commencing at the above described southeast corner of the New Mercer Canal Tract ; THENCE along the east line of the said New Mercer Canal Tract, North 01 degrees 03 minutes 52 seconds East for a distance of 894 . 53 feet to the northeast corner of the said tract; THENCE along the north line of the said tract, South 89 degrees 59 minutes 52 seconds West for a distance of 40 .54 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said north line, South 89 degrees 59 minutes 52 seconds West for a distance of 3 .73 feet to the east line of the said proposed Permanent Easement; THENCE along the said proposed east line the following four (4) courses and distances, (1) along a non-tangent curve to the right having a radius of 358 . 00 feet a central angle of 13 degrees 32 minutes 11 seconds and an arc length of 84 . 58 feet, being Page 2 of 5 EXHIBIT"B" subtended by a chord of South 10 degrees 51 minutes 31 seconds West for a distance of 84 .38 feet ; (2) South 17 degrees 37 minutes 36 seconds West for a distance of 76 . 06 feet ; (3 ) along a curve to the left having a radius of 42 . 00 feet a central angle of 47 degrees 06 minutes 25 seconds and an arc length of 34 .53 feet, being subtended by a chord of South 05 degrees 55 minutes 37 seconds East for a distance of 33 . 57 feet; (4) South 87 degrees 40 minutes 06 seconds East for a distance of 20 . 53 feet ; THENCE leaving the said proposed east line, North 02 degrees 19 minutes 54 seconds East for a distance of 6 .4B feet; THENCE North 16 degrees 42 minutes 48 seconds West for a distance of 12 . 73 feet; THENCE North 03 degrees 24 minutes 42 seconds East for a distance of 22 . 56 feet; THENCE North 10 degrees 23 minutes 08 seconds East for a distance of 64 . 42 feet; THENCE North 07 degrees 52 minutes 55 seconds East for a distance of 50 . 09 feet; THENCE North 04 degrees 02 minutes 15 seconds East for a distance of 30 . 56 feet; THENCE North 01 degrees 10 minutes 54 seconds East for a distance of 4 . 93 feet to the point of beginning. Containing 2442 square feet more less . FURTHER TOGETHER WITH: With the above described basis of bearings; Commencing at the above described southeast corner of the New Mercer Canal Tract; THENCE along the south line of the said tract, North 89 degrees 49 minutes 23 seconds West for a distance of 35 . 94 feet to the west line of the said proposed Permanent Easement for the Mason Transportation Corridor Trail; THENCE along the said proposed west line the following five (5) courses and distances, (1) North 01 degrees 09 minutes 26 seconds East for a distance of 369 . 19 feet; (2) North 03 degrees 09 minutes 26 seconds East for a distance of 240 . 74 feet; (3) along a curve to the left having a radius of 42 . 00 feet a central angle of 32 degrees 18 minutes 47 seconds and an arc length of 23 . 69 feet, being subtended by a chord of North 12 degrees 59 minutes 57 seconds West for a distance of 23 .37 feet; (4) non-tangent from the previous curve, North 87 degrees 40 minutes 06 seconds West for a distance of 42 . 75 feet; (5) North 02 degrees 19 minutes 54 seconds East for a distance of 27 . 78 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; Page 3 of 5 EXHIBIT`B'° THENCE continuing along the said proposed west line the following four (4) courses and distances, (1) North 02 degrees 19 minutes 54 seconds East for a distance of 12 .40 feet; (2)North 42 degrees 38 minutes 47 seconds West for a distance of 14 . 56 feet; (3) along a curve to the right having a radius of 61 . 00 feet a central angle of 43 degrees 42 minutes 39 seconds and an arc length of 46 . 54 feet, being subtended by a chord of North 20 degrees 47 minutes 27 seconds West for a distance of 45 .42 feet; (4) North 01 degrees 03 minutes 52 seconds East for a distance of 19 . 36 feet; THENCE leaving the said proposed west line, along a non- tangent curve .to the left having a radius of 64 . 00 feet a central angle of 48 degrees 09 minutes 26 seconds and an arc length of 53 . 79 feet, being subtended by a chord of South 05 degrees 24 minutes 06 seconds East for a distance of 52 . 22 feet; THENCE South 29 degrees 28 minutes 49 seconds East for a distance of 29 . 86 feet; THENCE South 38 degrees 28 minutes 19 seconds East for a distance of 8 . 85 feet to the point of beginning. Containing 320 square feet more less . FURTHER TOGETHER WITH: With the above described basis of bearings ; Commencing at the above described southeast corner of the New. Mercer Canal Tract; THENCE along the south line of the said tract, North 89 degrees 49 minutes 23 seconds West for a distance of 35 . 94 feet to the west line of the proposed Permanent Easement for the Mason Transportation Corridor Trail and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said proposed west line the following three (3) courses and distances, (1) North 01 degrees 09 minutes 26 seconds East for a distance of 369 .19 feet; (2) North 03 degrees 09 minutes 26 seconds East for a distance of 240 . 74 feet; (3) along a curve to the left having a radius of 42 . 00 feet a central angle of 32 degrees 18 minutes 47 seconds and an arc length of 23 . 69 feet, being subtended by a chord of North 12 degrees 59 minutes 57 seconds West for a distance of 23 . 37 feet; THENCE leaving the said proposed west line, non-tangent from the previous curve, North 87 degrees 40 minutes 06 seconds West for a distance of 9 . 32 feet; THENCE South 22 degrees 43 minutes 04 seconds East for a- distance of 24 . 80 feet; THENCE South 03 degrees 09 minutes 26 seconds West for a distance of 269 .48 feet; Page 4 of 5 EXHIBIT`B" THENCE South 01 degrees 09 minutes 26 seconds West for a distance of 340 . 74 feet to the said south line of the New Mercer Canal Tract ; THENCE along the said south line, South 89 degrees 49 minutes 23 seconds East for a distance of 6 . 00 feet to the point of beginning. Containing 3592 square feet more less . The above described tracts contain a total of 10866 square feet more or less and are subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 5 of 5 EXHIBIT"B" DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOP. THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE SOUTH GLENN P.U.D. FOURTH FILING HOME OWNERS ASSOCIATION PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS Three Temporary Construction Easements for the Mason Transportation Corridor Trail located in the northeast quarter of Section 35, Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easements are also located in Tract A and the New Mercer Canal Tract of the Plat of South Glen P.U.D. Fourth Filing, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the . east-west centerline of the said Section 35 as bearing North 89 degrees 49 minutes 23 seconds West between a 3" Brass Cap Monument LS 17497 at the east quarter corner and a 3 . 25" Aluminum Cap Monument LS 24307 at the west quarter corner of Section 35 , bused upon G.P .S . survey, and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 35; THENCE along the said east-west centerline of Section 35, North 89 degrees 49 minutes 23 seconds West for a distance of 1059 . 91 feet to the southeast corner of the said New Mercer Canal Tract of the Plat of South Glen P.U.D. Fourth Filing and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the east line of the said New Mercer Canal Tract, North 01 degrees 03 minutes 52 seconds East for a distance of 498 . 98 feet to the southerly line of a proposed Slope Easement for the Mason Transportation Corridor Trail ; THENCE leaving the said east line and along the said southerly line, South 17 degrees 55 minutes 00 seconds West for a distance of 45 .35 feet to the east line of a proposed Permanent Easement for the Mason Transportation Corridor Trail ; THENCE along the said proposed east line, South 03 degrees 09 minutes 26 seconds West for a distance of 87 .37 feet to the northerly line of the said proposed Slope Easement; THENCE along the said northerly line and along the east and southerly line of the said proposed Slope Easement the following three (3) courses and distances, (1) South 24 degrees 26 minutes 24 seconds East for a distance of 27.78 feet ; (2) South 01 degrees 09 minutes 26 seconds West for a distance of 189 .16 feet; (3) South 22 degrees' 54 minutes 58 seconds West for a distance of 32 .37 feet to the said east line of the proposed Permanent Easement; THENCE along the said proposed east line, South 01 degrees 09 Page 1 of 4 EXHIBIT"B' minutes 26 seconds West for a distance of 124 . 26 feet to the south line of the said New Mercer Canal Tract; THENCE along the said south line, South 89 degrees 49 minutes 23 seconds East for a distance of 16 . 94 feet to the point of beginning. Containing 5100 square feet more less . TOGETHER WITH: With the above described basis of bearings ; Commencing at the above described southeast corner of the New .Mercer Canal Tract; THENCE along the east line of the said New Mercer Canal Tract, North 01 degrees 03 minutes 52 seconds East for a distance of 629 . 87 feet to the north line of a proposed Slope Easement for the Mason Transportation Corridor Trail and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line, North 01 degrees 03 minutes 52 seconds East for a distance of 9 . 15 feet; THENCE leaving the said east line, North 32 degrees 03 minutes 55 seconds West for a distance of 52 . 77 feet; THENCE North 02 degrees 19 minutes 54 seconds East for a distance of 25 . 06 feet ; THENCE North 87 degrees 40 minutes 06 seconds West for a distance of 27 . 30 feet to the east line of the proposed Slope Easement; THENCE along the said proposed east line, South 02 degrees 19 minutes 54 seconds West for a distance of 5 . 00 feet to the north line of a proposed Permanent Easement for the Mason Transportation Corridor Trail; THENCE along the said north line, South 87 degrees 40 minutes 06 seconds East for a distance of 22 .30 feet to the east line of the said proposed Permanent, Easement; THENCE along the said proposed east line, South 02 degrees 19 minutes 54 seconds West for a distance of 21 . 61 feet to the said north line of a proposed Slope Easement; THENCE along the said north line, South 32 degrees 03 minutes 55 seconds East for a distance of 61 . 98 feet to the point of beginning. Containing 528 square feet more less . FURTHER TOGETHER WITH: With the above described basis of bearings ; Commencing at the above described southeast corner of the New Mercer Canal Tract; THENCE along the east line of the said New Mercer Canal Tract, North 01 degrees 03 minutes 52 seconds East for a distance of 894 . 53 feet to the northeast corner of the said tract; THENCE along the north line of the said tract, South 89 Page 2 of 4 EXHIBIT"B" .. ......... degrees 59 minutes 52 seconds West for a distance of 101 . 06 feet to the west line of a proposed Permanent Easement for the Mason Transportation Corridor Trail and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said north line, South 89 degrees 59 minutes 52 seconds West for a distance of 13 . 00 feet ; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 166 . 73 feet; THENCE along a curve to the left having a radius of 74 . 00 feet a central angle of 30 degrees 32 minutes 41 seconds and an arc length of 39 .45 feet, being subtended by a chord of South 14 degrees 12 minutes 29 seconds East for a distance of 38 . 98 feet; THENCE South 29 degrees 28 minutes 49 seconds East for a distance of 30 . 65 feet; THENCE South 38 degrees 28 minutes 19 seconds East for a distance of 5 . 92 feet; THENCE South 02 degrees 19 minutes 54 seconds West for a distance of 34 . 06 feet; THENCE South 87 degrees 40 minutes 06 seconds East for a distance of 37 . 07 feet; THENCE South 22 degrees 43 minutes 04 seconds East for a distance of 23 . 96 feet; THENCE South 01 degrees 31 minutes 37 seconds West for a distance of 231 . 53 feet to the west line of a proposed Slope Easement for the Mason Transportation Corridor Trail; THENCE along the said proposed west line, North 03 degrees 09 minutes 26 seconds East for a distance of 240 .77 feet; THENCE continuing along the said proposed west line, North 22 degrees 43 minutes 04 seconds West for a distance of 24 . 80 feet to the south line of the said proposed Permanent Easement; THENCE along the said proposed south line, North 87 degrees 40 minutes 06 seconds West fora distance of 33 .43 feet to the said west line of the proposed Easement ; THENCE along the said proposed west line, North 02 degrees 19 minutes 54 seconds East for a distance of 27 . 78 feet to the west line of the said proposed Slope Easement; THENCE along the said proposed west line the following three (3) courses and distances, (1) North 38 degrees 28 minutes 19 seconds West for a distance of 8 . 85 feet; (2)North 29 degrees 28 minutes 49 seconds West for a distance of 29 . 86 feet; (3) along a curve to the right having a radius of 64 . 00 feet a central angle of 48 degrees 09 minutes 26 seconds and an arc length of 53 . 79 feet, being subtended by a chord of North 05 degrees 24 minutes 06. seconds West for a distance of 52 .22 feet to the said west line of the proposed Permanent Easement; THENCE along the said proposed west line, non-tangent from the previous curve, North 01 degrees 03 minutes 52 seconds East for a Page 3 of 4 E)�IT"B" distance of 147 . 61 feet to the point of beginning. Containing 4573 square feet more less . The above described tracts contain a total of 10201 square feet more or less and are subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 4 of 4 EXHIBIT"C" LOCATION SKETCH AP CONSOLIDATED THEATERS II LP C/O CARMIKE CINEMAS INC. N 1/4 CORNER W. HORSETOOTH RD. NE CORNER 35-7-69 35-7-69 __�_ jy^-_—_pp—__50' ROW —- _ j srraHE IMF_ _�`'3 '" I BNSF ROW off'. a,amm•E \\\ 94FAy�as�,7Rq�rc s 50' 4q yc" FRy� P�'F Olo x mmmv nu• `�� pi ,P a� P 44 op 4 \ Mitio SOGTH \�\ 1ii I NTS I Z ,JULY 22, 2004 a m I MASON TRANSPORTATION 1 I CORRIDOR TRAIL EASEMENT 11609 SQ. FT. PERM. ESM'T.— I x er4a05c I mm• e6ea' .: TEMP. CONST. ESMT. FOR MASON .I TRANSPORTATION CORRIDOR TRAIL 5166 SO. FT. TEMP. CONST. ESM'T.- ® LINE AND CURVE TABLE E.,e306' I PERMANENT ESMT. ONLY Couree B...h, potence Ll S 56.19'30' E 1.01, I L2 S 01.03'52' V 49,51' SLOPE ESMT. FOR MASON L3 S 28'05'18' V 36AW TRANSPORTATION CORRIDOR TRAIL L4 S 00.COIEW E 304.45' 4546 S0. FT. (TOTAL) L5 S 34'14'S2' Y 40.46' I L6 N 00'00'28' V )2)4' SLOPE ESMT, L7 S 89'59'32' V 26.73' ® LB N 00'39-32 M 10.00' L9 N 89.59'32'E 2fi.)3' I LIO N A-00'28' V 301.71' L11 N 28'018' E 515T Cwve Ra4us Len9ih D.M. I TEMP. ACCESS ESMT. FOR MASON Cl 87.00' 4246' 28.05'46' C2 1008,00, 91.96' 5'13'3T { TRANSPORTATION CORRIDOR TRAIL C3 989.OW 125.61' )'l6'36' +^ 16589 SQ. FT. C4 106A0' 51.98' 20•05'46' Q C5 84.00' 27AX I9'50'42' ., TEMP ACCESS= THIS SKETCH AND THE AREAS SHOWN DEPICT MiX ATTACHED PROPERLY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. H:\cLP\MR\MSCMSTH2.Dwc EXHMIT"C" DESCRIPTION OF FOUP TEMPORAR`_' CONSTRUCTION EASEMENTS FOP THE MASON TRANSPOP.TATION COPRIDOP TP.AI! LOCATED Ors THE A. P . CONSOIIDAT"cD THEATERS II LP PROPEP= TO BE GRANTED TC THE CIT17 OF FORT COLLINS Four Temporary Construction Easements for the Mason Transportation Corridor Trail located in the northeast quarter of Section 35 , Township 7 North, Range 69 West, SJ th Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easements are also located in Lot 1 of the Plat of Park South Commercial Plaza Minor Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows ; Considering the north line of the northeast quarter of the said Section 35 as bearing South 89 degrees 43 minutes 38 seconds East between a 3" Aluminum Cap Monument LS 20123 at the north quarter corner and a 2 . 51' Aluminum Cap Monument LS 14823 at the northeast corner of Section 35, based upon G. P.S. survey, and with all bearings contained herein relative thereto; Commencing at the north quarter corner of the said Section 35; THENCE along the north line of the said northeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1267 . 84 feet to the northerly extension of the west line of the said Lot 1 ; THENCE along the said extension, South 00 degrees 16 minutes 22 seconds West for a distance of 50 . 00 feet to the northwest corner of the said Lot 1; THENCE along the north and east lines of the said Lot 1 the following five (5) courses and distances, (1) South 69 degrees 43 minutes 38 seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 . 36 feet; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 106 . 72 feet (recorded as 106.22 feet) to the east line of the said Lot 1; (4) South 01 degrees 03 minutes 52 seconds West for a distance of 566 . 81 feet; (5) South 34 degrees 14 minutes 52 seconds West for a distance of 79 .45 feet to the west line of a proposed Permanent Easement for the Mason Transportation Corridor Trail and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of Lot 1, South 34 degrees 14 minutes 52 seconds West for a distance of 23 . 96 feet; THENCE leaving the said east line, .North 10 degrees 47 minutes 17 seconds East for a distance of 13 . 70 feet; THENCE North 21 degrees 52 minutes 26 seconds East for a distance of 38 . 07 feet to the said west line of the proposed permanent easement; Page 1 of 4 EDIT"C" THENCE along the said proposed west line, along a nor-tancrent curve to the right having a radius of 989 . 00 fee-_ a central angle of 01 degrees 41 minutes 23 seconds and an arc length feet , being subtended by a chord of South 06 degrees 25 minutes 27 seconds West for a distance of 29 . 17 feet to the poin* of beginning. Containing 215 square feet more less . TOGETHER WITH: With the above described basis of bearings; Commencing at the above described northwest corner of Lot 1; THENCE along the north line of the said Lot 1 the following three (3) courses and distances, (1) South 89 degrees 43 minutes 3.8 seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 . 36 feet; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 104 . 55 feet to the west line of a proposed Permanent Slope Easement for the Mason Transportation Corridor Trail ; THENCE along the said proposed west line the following three (3) courses and distances , (1) South 27 degrees 34 minutes 14 seconds West for a distance of 99 . 47 feet; (2) South 00 degrees 00 minutes 35 seconds East for a distance of 322 .30 feet; (3) South 00 degrees 54 minutes 47 seconds West for a distance of 0 . 70 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said proposed west line, South 00 degrees 54 minutes 47 seconds West for a distance of 14 .40 feet to the north line of a proposed Permanent Easement for the Mason Transportation Corridor Trail ; THENCE along the said north line and along the west and south line of the said proposed Permanent Easement the following three (3) courses and distances, (1) South 89 degrees 59 minutes. 32 seconds West for a distance of 25 . 99 feet; (2) South 00 degrees 00 minutes 28 seconds East for a distance of 10 . 00 feet; (3 ) North 89 degrees 59 minutes 32 seconds East for a distance of 25 . 83 feet to the said west line of the proposed Permanent Slope Easement; THENCE along the said proposed west line, South 00 degrees 54 minutes 47 seconds West for a distance of 25 .61 feet; THENCE leaving the said proposed line, South 89 degrees 40 minutes 35 seconds West for a distance of 83 . 06 feet; THENCE North 00 degrees 28 minutes 05 seconds East for a distance of 50 . 00 feet; THENCE North 89 degrees 40 minutes 35 seconds East for a distance of 83 . 45 feet to the point of beginning. Containing 3904 Page 2 of 4 EXI]MIT"C° square feet more less . FURTHER TOGETHER WITH: With the above described basis of bearings ; Commencing at the above described northwest corner of Lot 1 ; THENCE along the north dine of the said Lot 1 the following three (3 ) courses and distances, (1) South 89 degrees 43 minutes 38 seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 .36 feet ; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 97 . 84 feet' to the TRUE POINT OF 'BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said north line of Lot 1, South 56 degrees 19 minutes 30 seconds East for a distance of 6 . 71 feet to the west line of a proposed Permanent Slope Easement for the Mason Transportation Corridor Trail; THENCE along the said proposed west line, South 27 degrees 34 minutes 14 seconds West for a distance of 99 .47 feet ; THENCE leaving the said proposed west line, North 14 degrees 32 minutes 32 seconds West for a distance of 11 . 19 feet ; THENCE North 26 degrees 05 minutes 18 seconds East for a distance of 91. 89 feet to the point of beginning. Containing 680 square feet more less . FURTHER TOGETHER WITH: With the above described basis of bearings; Commencing at the above described northwest corner of Lot 1; THENCE along the north line of the said Lot 1 the following three (3 ) courses and distances, (1) South 89 degrees 43 minutes 3B seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 .36 feet; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 106 . 72 feet (recorded as 106 .22 feet) to the east line of the said Lot 1 ; THENCE along the said east line of Lot 1, South 01 degrees 03 minutes 52 seconds West for a distance of 54 . 66 feet to the east line of a proposed Permanent Slope Easement and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of Lot 1 , South 01 degrees 03 minutes 52 seconds West for a distance of 18 . 94 feet; THENCE leaving the said east line of Lot 1, South 26 degrees 03 minutes 07 seconds West for a distance of 45 . 49 feet to the said east line of the proposed Permanent Slope Easement ; Page 3 of 4 EXHIBIT-V THENCE along he said proposed east. line , North 00 degrees OC minutes 28 seconds west for a distance of 16 . 21 feet THENCE continuing along the said proposed east line , North 26 degrees 03 minutes 07 seconds East for a distance of 46 . 30 feet tc one -point of beginning. Contair•ing 367 square feet more less . The above described tracts contain a total of 5166 square feet more or less and are subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P . O. BOX 580 FORT COLLINS , CO 80522 Page 4 of 4 EX MIT"C" DESCRIPTION OF THREE PERMANENT SLOPE EASEMENTS F0P THE MASON TRANSPORTATION CORRIDOR. TP.AIL LOCP_TEL ON THE A. CONSOI,_DATED THEATERS __ LP PROPERT TO BE GRANTED TO THE CIT`_' OF FORT -COLLINS Three Permanent Slope Easements for the Mason Transportatior. Corridor Trail located in the northeast quarter of Section 35 , Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easements are also located in Lot' 1 of the Plat of Park South Commercial Plaza Minor Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows ; Considering the north line of the northeast quarter of the said Section 35 as' bearing South 89 degrees 43 minutes 38 seconds East between a 3" Aluminum Cap Monument LS 20123 at the north quarter corner and a 2 . 5" Aluminum Cap Monument LS 14823 at the northeast corner of Section 35 , based upon G. P.S . survey, and with all bearings contained herein relative thereto; Commencing at the north quarter corner of the said Section 35; THENCE along the north line of the said northeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1267 . 84 feet to the northerly extension of the west line of the said Lot 1 ; THENCE along the said extension, South 00 degrees 16 minutes 22 seconds West for a distance of 50 . 00 feet to the northwest corner of the said Lot 1; THENCE along the north line of the said Lot 1 the following three (3) courses and distances, (1) South 89 degrees 43 minutes 38 seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 . 36 feet; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 106 . 72 feet (recorded as 106. 22 feet) to the east line of the said Lot 1; THENCE along the said east line, South 01 degrees 03 minutes 52 seconds West for a distance of 49 . 51 feet to the east line of the proposed Permanent Easement for the Mason Transportation Corridor Trail and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of Lot 1, South 01 degrees 03 minutes 52 seconds West for a distance of 5 . 15 feet; THENCE leaving the said east line, South 26 degrees 03 minutes 07 seconds West for a distance of 46.30 feet; _ THENCE South 00 degrees 00 minutes 28 seconds East for a distance of 435 .72 feet; THENCE South 03 degrees 11 minutes 40 seconds West for a distance of 55 . 15 feet to the east line of the said Lot 1; Page 1 of 4 EXHIBIT"C" THENCE alone the said east -line, Sout_ 34 degrees 14 minutes 52 seconds West for a distance of 14 .41 feet to the said proposed east =ine; THENCE along the said proposed east _ine of the Permanent Easement the following four (4) courses and distances , (1) along non-tangent a curve to the left having a radius of 1008 . 00 feet a central angle of 05 degrees 13 minutes 37 seconds and an arc length of 91 . 96 feet, being subtended by a chord of North 02 degrees 36 minutes 20 seconds East for a distance of 91 . 92 feet; (2) North 00 degrees 00 minutes 28 seconds West for a distance of 384 .45 feet; (3 ) along a curve to the right having a radius of 87 . 00 feet a central angle of 28 degrees 05 minutes 46 seconds and an arc length of 42'. 66 feet, being subtended by a chord of North 14 degrees 02 minutes 25 seconds East for a distance of 42 . 24 feet; (4) North 28 degrees 05 minutes 18 seconds East for a distance of 36 .49 feet to the point of beginning. Containing 3589 square feet more less . TOGETHER WITH: With the above described basis of bearings; Commencing at the north quarter corner of the said Section 35; THENCE along the north line of the said northeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1267 . B4 feet to the northerly extension of the west line of the said Lot 1; THENCE along the said extension, South 00 degrees 16 minutes 22 seconds West for a distance of 50 . 00 feet to the northwest corner of the said Lot 1; THENCE along the north line of the said Lot 1 the following three ('3) courses and distances, (1) South 89 degrees 43 minutes 38 seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 . 36 feet; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 104 . 55 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said north line, South 56 degrees 19 minutes 30 seconds East for a distance of 1 . 16 feet to the west line of the said proposed Permanent Easement for the Mason Transportation Corridor Trail; THENCE along the said proposed west line the following four (4) courses and distances, (1) along a non-tangent curve to the right having a radius of 84 . 00 feet a central angle of 18 degrees 50 minutes 42 seconds and an arc length of 27 . 63 feet, being subtended by a chord of South 18 degrees 39 minutes 57 seconds West for a distance of 27.50 feet; Page 2 of 4 EXHIBIT"C" �2` Sou=h 28 degrees 05 m_nuz:es 18 seconds Wes:: for a seconds �_ dis�an. _ of 5 . 55 _ee'_ ; (3 ) aIORC a 011rVe tG the 1e t having a radius of 106 . 00 fee` a central angle of 28 degrees 05 minutes 46 seconds and an arc length of 51 . 98 feet, beinc subtended by a chord of South _a degrees 02 minutes 25 seconds West for a distance of 51 .a6 feet; (a) South 00 degrees 00 minutes 28 seconds East for a distance of 301 . 71 feet; THENCE leaving the said proposed line, South 89 degrees 59 minutes 32 seconds West for a distance of 0 . 73 feet; THENCE North 00 degrees 54 minutes 47 seconds West for a distance of 15 . 10 feet; THENCE North 00 degrees 00 minutes 35 seconds West for a distance of 322 . 30 feet; THENCE North 27 degrees 34 minutes 14 seconds East for a distance of 99 .47 feet to the point of beginning. Containing 719 square feet more less. FURTHER TOGETHER WITH: With the above described basis of bearings; Commencing at the north quarter corner of the said Section 35 ; THENCE along the north line of the said northeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1267 . 84 feet to the northerly extension of the west line of the said Lot 1 ; THENCE along the said extension, South 00 degrees 16 minutes 22 seconds West for a distance of 50 . 00 feet to the northwest corner of the said Lot 1 ; THENCE along the north line of the said Lot 1 the following three (3) courses and distances, (1) South 89 degrees 43 minutes 38 seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 . 36 feet; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 106 . 72 feet (recorded as 106 .22 feet) to the east line of the said Lot 1 ; THENCE along the said east line, South 01 degrees 03 minutes 52 seconds.-West for a distance of 566 . 81 feet; THENCE continuing along the said east line , South 34 degrees 14 minutes 52 seconds West for a distance of 79 .45 feet to the said west line of the proposed Permanent Easement; THENCE along the said proposed west line, along a non-tangent curve to the left having a radius of 989 . 00 feet a central angle of 02 degrees 32 minutes 35 seconds and an arc length of 43 . 90 feet, being subtended by a chord of North 05 degrees 59 minutes 51 seconds East for a distance of 43 . 89 feet to the TRUE POINT OF Page 3 of 4 EXHIBIT"C" BEGINNING OF THIS DESCRIP"_'ION; THENCE continuing along the said proposed west line, along a curve to the left having a radius of 989 . 00 feet a central angle of 04 degrees 44 minuses 01 seconds and an arc length of 61 . 7" fees , being; subtended by a chord of North 02 degrees 21 minutes 33 seconds East for a distance of 81 . 69 feet ; THENCE continuing along the said west line, North 00 degrees 00 minutes 28 seconds West for a distance of 72 . 74 feet ; THENCE leaving the said west line, South 89 degrees 59 minutes 32 seconds West for a distance of 0 . 89 feet; THENCE South 00 degrees 54 minutes 47 seconds West for a distance of 154 . 38 feet to the point of beginning. Containing 238 square feet more less . . The above described tracts contain a total of 4546 square feet more or less and are subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S . 17497 P.O . BOX 580 FORT COLLINS, CO 80522 Page 4 of 4 EXHIBIT"C" DESCRIP-ION OF A PERMANEN7 EASEMENT FOR THE MASON 7RANSDOP.T -ION COP.R=DO'r. TP _ OCATED ON HL A.F .. CDNSOI,IDF E THEATERS PROPERTY TO BE GRANTED TO THE CIT'= OF FORT C01,L7NS A Permanent Easement for the Mason Transportation_ Corridor Trail ,located in the northeast quarter of Section_ 35 , Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Lot 1 of the Plat of Park South Commercial Plaza Minor Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as' bearing South 89 degrees 43 minutes 38 seconds East between a 3" Aluminum Cap Monument LS 20123 at the north quarter corner and a 2 . 5" Aluminum Cap Monument LS 14823 at the northeast corner of Section 35, based upon G.P.S . survey, and with all bearings contained herein relative thereto; Commencing at the north quarter corner of the said Section 35; THENCE along the north line of the said northeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1267 . 84 feet to the northerly extension of the west line of the said Lot 1; THENCE along the said extension, South 00 degrees 16 minutes 22 seconds West for a distance of 50 . 00 feet to the northwest corner of the said Lot 1 ; THENCE along the north line of the said Lot 1 the following three (3 ) courses and distances, (1) South 89 degrees 43 minutes 38 seconds East for a distance of 250 . 00 feet; (2) South 35 degrees 44 minutes 58 seconds East for a distance of 72 . 36 feet ; (3) South 56 degrees 19 minutes 30 seconds East for a distance of 105 . 71 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said north line of Lot 1, South 56 degrees 19 minutes 30 seconds East for a distance of 1 . 01 feet to the east line of the said Lot 1; THENCE along the said east line of Lot 1, South 01 degrees 03 minutes 52 seconds West for a distance of 49.51 feet ; THENCE leaving the said east line, South 28 degrees 05 minutes 18 seconds West for a distance of 36 .49 feet; THENCE along a curve to the left having a radius of 87 . 00 feet a central angle of 28 degrees 05 minutes 46 seconds and an arc length of 42 . 66 feet, being subtended .by a chord of South 14 degrees 02 minutes 25 seconds West for a distance of 42 . 24 feet; THENCE South 00 degrees 00 minutes 28 seconds East for a distance of 384 .45 feet; THENCE along a curve to the right having a radius of 1008 . 00 PAGE 1 OF 2 EXHIBIT"C" feet a central angle of OS degrees m_nu-es 37 seconds and an arc iengt _ of 9_ . 96 fee` , being subtenaed by a chord of South 02 degrees 36 minutes 20 seconds West for a distance of 9i . 92 - feet to the east -line of the. said Lot l THENCE along the said east line, South 34 degrees 14 minutes 32 -seconds West for a distance Of 40 .46 feet ; THENCE leaving the said east line , along a non-tangent curve to the left having a radius of 989 . 0c feet a central angle of 07 degrees 16 minutes 36 seconds and an arc length of 125 . 61 feet , being subtended by a chord of North 03 degrees 37 minutes 50 seconds East for a distance of 125 . 52 feet; THENCE North 00 degrees 00 minutes 28 seconds West for a distance of 72 . 74 feet ; THENCE South 89 degrees 59 minutes 32 seconds West for a distance of 26 . 73 feet; THENCE North 00 degrees 00 minutes 28 seconds West for a distance of 10 . 00 feet; THENCE North 89 degrees 59 minutes 32 seconds East for a distance of 26 . 73 feet ; THENCE North 00 degrees 00 minutes 28 seconds West for a distance of 301 . 71 . feet ; THENCE along a curve to the right having a radius of 106 . 00 feet a central angle of 28 degrees OS minutes 46 seconds and an arc length of 51 . 96 feet, being subtended by a chord of North 14 degrees 02 minutes 25 seconds East for a distance of 51 .46 feet; THENCE North 28 degrees 05 minutes 18 seconds East for a distance of 53 . 55 feet; THENCE along a curve to the left having a radius of 84 . 00 feet a central angle of 18 degrees 50 minutes 42 seconds and an arc length of 27 . 63 feet, being subtended by a chord of North 18 degrees 39 minutes 57 seconds East for a distance of 27 . 30 feet to the point of beginning. , Containing 11609 square feet more less . . The above described tract is subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O . BOX 580 FORT COLLINS, CO 80522 PAGE 2 OF 2 EN ffi IT"C" DESCPIPTION OF A TEMPORARY ACCESS EASEMENT FOR 'THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE T,.P . CONSOLIDATED THEATERS II LP PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS P_ Temporary Access Easement for the Mason Transportation Corridor Trail located in the norzheast quarter of Section. 35 , Township 7 North, Range 69 West, Sixth Principal Meridian, City of Fort Collins , Larimer County, Colorado, the said easement is also located in Lot 1 of the Plat of Park South Commercial Plaza Minor Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows ; Considering the north line of the northeast quarter of the said Section 35 as bearing South 89 degrees 43 minutes 38 seconds East between a 3" Aluminum Cap Monument LS 20123 at the north quarter corner and a 2 . 5" Aluminum Cap Monument LS 14823 at the northeast corner of Section 35 , based upon G. P.S . survey, and with all bearings contained herein relative thereto; Commencing at the north quarter corner of the said Section 35 ; THENCE along the north line of the said northeast quarter, South 89 degrees 43 minutes 38 seconds East for a distance of 1267 . 84 feet to the northerly extension of the west line of the said Lot 1; THENCE along the said extension, South 00 degrees 16 minutes 22 seconds West for a distance of 50 . 00 feet to the northwest corner of the said Lot 1; THENCE along the north line of the said Lot 1, South 89 degrees 43 minutes 38 seconds East for a distance of 26. 43 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said north line of Lot 1, South 89 degrees 43 minutes 38 seconds East for a distance of 28 . 00 feet; THENCE leaving the said north line, South 00 degrees 16 minutes 22 seconds West for a distance of 35 . 52 feet ; THENCE South 90 degrees 00 minutes 00 seconds East for a distance of 70 . 67 feet; THENCE South 46 degrees 33 minutes 03 seconds East for a distance of 247 . 64 feet; THENCE South 00 degrees 26 minutes 20 seconds East for a distance of 323 . 14 feet to the north line of a proposed Temporary Construction Easement for the Mason Transportation Corridor Trail; THENCE along the said proposed north line, South 89 degrees 40 minutes 35 seconds West for a distance of 24 . 00 feet; THENCE leaving the said north line, North 00 degrees 26 minutes 20 seconds West for a distance of 312 . 87 feet; THENCE North 46 degrees 33 minutes 03 seconds West for a distance of 227 . 87 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a PAGE 1 OF 2 ENMIT"C" distance of 89 .22 feet ; THENCE North 00 degrees 16 minutes 22 seconds East zor a distance of 59 . 66 feet to the point 0- beginning . Containing 16589 scuare feet mcre .less. The above described tract is subject to all easements and rights of way now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C . MUSCOTT COLO=0 P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 2 OF 2 EXHIBIT"D" LOCATION SKETCH B ETTS N NTS JULY 28, 2004 W. HORSETOOTH RD. NE CORNER 35-7-69 N 89.43'38'W 993.14 H Q L5 LB I .; MASON TRANSPORTATION jOfCORRIDOR TRAIL EASEMENT ... 50M S0. FT. 4 m PERM. ESM'T, ................ ru a. n TEMP. CONST. ESM'T. FOR MASON TRANSPORTATION CORRIDOR TRAIL 3750 S0. FT. i, TEMP. CONST. ESM'TA IL3 L6 I IONSF RO Course Bearing Dlstnnce I 50, Ll S 01'03'52' W 50.00' L2 S 01.03'52' W 250.02' L3 S 88'56'08' E 20.00, I L4 N 01'03'52' E 250,02' L5 N 88'56'08' W 20,00' L6 S 88'56'08' E 15.00, L7 N Dl'03'52' E 250.02' L8 N 88'56'08' W 15,00' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED 8OUNDAHY SURVEY. H:\CLP\MTC\MSCMSR2.DWG EXHIBIT"U' DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE SINECA B . BETTS PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Temporary Construction Easement for the Mason Transportation Corridor Trail located in the East half of Section 35 Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins , Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante Fe Railroad right of way through the above described section, being more particularly described as follows ; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5 " Aluminum Cap Monument LS 14823 at the northeast corner of Section 35 , and a 3 " Aluminum Cap Monument LS 20123 at the north quarter corner based upon G. P. S . survey, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 35; THENCE along the north line of the said northeast quarter of Section 35 , North 89 degrees 43 minutes 38 seconds West for a distance of 993 . 14 feet to the west right of way of the said railroad; THENCE along the said west right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 50 . 00 feet to the south right of way of Horsetooth Road and to the north line of the Proposed Permanent Easement for Mason Transportation Corridor Trail ; THENCE along the said north line of the proposed easement, and the said south right of way, South 88 degrees 56 minutes 08 seconds East for a distance of 20 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south right of way, South 88 degrees 56 minutes 08 seconds East for a distance of 15 . 00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 250 . 02 feet ; THENCE North 88 degrees 56 minutes 06 seconds West for a distance of 15 . 00 feet to the east line of the said proposed easement; THENCE along the said east line, North 01 degrees 03 minutes 52 seconds East for a distance of 250 . 02 feet to the point of beginning. Containing 3750 square feet more less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P. L. S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT"D" DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE SINECA B . BETTS PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Permanent Easement for the Mason Transportation Corridor Trail located in the East half of Section 35 Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante Fe Railroad right of way through the above described section, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5" Aluminum Cap Monument LS 14823 at the northeast corner of Section 35 , and a 3 " Aluminum Cap Monument LS 20123 at the north quarter corner based upon G. P . S . survey, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 35; THENCE along the north line of the said northeast quarter of Section 35 , North 89 degrees 43 minutes 38 seconds West for a distance of 993 . 14 feet to the west right of way of the said railroad; THENCE along the said west right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 50 . 00 feet to the south right of way of Horsetooth Road and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west railroad right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 250 . 02 feet; THENCE South Be degrees 56 minutes 08 seconds East for a distance of 20 . 00 feet; THENCE North 01 degrees 03 minutes 52 seconds East for a distance of 250 . 02 feet to the said south right of way of Horsetooth Road; THENCE along the said south right of way, North 88 degrees 56 minutes 08 seconds West for a distance of 20 . 00 feet to the point of beginning. Containing 5000 square feet more less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P. L.S . 17497 P .O. BOX 580 FORT COLLINS , CO 80522 EXHIBIT`E" LOCATION SKETCH W.A. DRAKE I j BNSF ROW 100' N I Li LS NTS JULY 28, 2004 li is MASON TRANSPORTATION CORRIDOR TRAIL EASEMENT [iiiQ m 12501 SO. FT. .rq U r''':: PERM. ESM'T— TEMP. CONST. ESM'T. FOR MASON [c4r. TRANSPORTATION CORRIDOR TRAIL 7501 SQ. FT. TEMP. CONST. ESM'T, u v I I I I Course 2venln8 Olsbance I L1 N 01-03,52, E 500.05' L2 S SB'56'DB' E 25.00' I 13 S 01-03'S2' V 500.05' 1-4 N BB'56'OB' V 25.00' LS S 88.56'08' E Is.III S L6 S 01.03'52' W 500.05' j z L7 N 88'56'08' W 15.00, _ I I ; SE CORNER x evvrvav 1.4=1' 26-7-69 __—_—___— /\--� W. HORSETOOTH RD. THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. H:\CLP\ARC\MSCMSTR2.DWD EXHIBIT"E„ DESCRIPTION OF A PERMANENT EASEMENT. ' FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE W.A. DRAKE PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Permanent Easement for the Mason Transportation Corridor Trail located in the East half of Section 26 Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante Fe Railroad right of way through the above described section, being more particularly described as follows ; Considering the south line of the southeast quarter of the said Section 26 as bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5 " Aluminum Cap Monument LS 14823 at the southeast corner of Section 26 , and a 3 " Aluminum Cap Monument LS 20123 at the south quarter corner based upon G. P . S . survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 26; THENCE along the south line of the said southeast quarter of Section 26, North 89 degrees 43 minutes 38 seconds West for a distance of 1043 . 14 feet to the west right of way of the said railroad; THENCE along the said west right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 380 . 04 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 500 . 05 feet; THENCE South 88 degrees 56 minutes 08 seconds East for a distance of 25 . 00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 500 . 05 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 25 . 00 feet to the point of beginning. Containing 12501 square feet more less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C . MUSCOTT COLORADO P .L.S . 17497 P .O . BOX 580 FORT COLLINS, CO 80522 EXHIBIT"E" DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE W.A. DRAKE PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Temporary Construction Easement for the Mason Transportation Corridor Trail located in the East half of Section 26 Township 7 North Range 69 'West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante Fe Railroad right of way through the above described section, being more particularly described as follows; Considering the south line of the southeast quarter of the said Section 26 as .bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5" Aluminum Cap Monument LS 14823 at the southeast corner of Section 26 , and a 3 " Aluminum Cap Monument LS 20123 at the south quarter corner based upon G. P.S . survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 26; THENCE along the south line of the said southeast quarter of Section 26, North 89 degrees 43 minutes 38 seconds West for a distance of 1043 . 14 feet to the west right of way of the said railroad; THENCE along the said west right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 380 . 04 feet to the south line of the Proposed Permanent Easement for the Mason Transportation Corridor Trail; THENCE along the said proposed south line, South 88 degrees 56 minutes 08 seconds East for a distance of 25 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE along the east line of the said proposed easement, North 01 degrees 03 minutes 52 seconds East for a distance of 500 . 05 feet; THENCE South 88 degrees 56 minutes 08 seconds East for a distance of 15 . 00 feet; THENCE South 01 degrees 03 minutes 52 seconds West for a distance of 500 . 05 feet; THENCE North 88 degrees 56 minutes 08 seconds West for a distance of 15 . 00 feet to the point of beginning. Containing 7501 square feet more less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P .O . BOX 580 FORT COLLINS , CO 80522 EXHIBIT"F" LOCATION SKETCH W.A. DRAKE INC. W. DRAKE RD. N 89•¢6.43N ee3AV V� LI LI NE CORNER 26-7—BB i is I. I'. IN i } �j. i NTS JULY 28, 2004 Curve RoNlus Length Delto I' CI 34477,48' B0.63' 0.08'50' .: C2 34477AW 166.41' 0.16'36' i C3 34427.48' 336.85' 0.33,38, '. C4 34407.48' 344SO' 0.34'27' CS 34452,48' 162,48' 0.16'13' K C6 34392,48' 350,90' 0.35'05' i C7 34437AW 156,14' 0.15'35' F ti CS 11409,19' 139.24' 0.41'57' z C9 11929.19' 139.65' O'42'DO' i" m CIO 11444.19' 139.84' 0.42D r:. r: Y .LLOW RD. ur-.-.-.-.-W. SWALLOW L 4L19 Course Be9rhg DlstnnCe W. SW 9 u - Ll N 46.48'45' E 4.50' -'-'-'-'-'-'-'-'---�- g L2 N 02'19'30' E 4.50' L3 S 89.42'34' E 19.96, ! L4 S 92.04'57' W 5.33, [F. L5 S 46.48'45' W 63,29' ! : L6 N 89'42'34' W 25.00' MASON TRANSPORTATION I �: L7 S 89.42'34' E 15.01' CORRIDOR TRAIL EASEMENT . LB S 02.04'57' W 5.80' i II : L9 S 46'48'45' W 63.28, 50899 SQ. FT. j f 110 N 88'48'42' W 15.00' 111 S 01'I6'04' W 50A0' !PERM. ESM'T.- L12 S 01.16'04' W 852.50, Ij; i L14 S 82.19'30' W 119.62'' L15 S 89.42'34' E 512S L16 N 02'04'57' E 1512.82' I [ Ll7 N 9-23'l2' E 14,84' Ll7 N 89.26'43' W 1580, TEMP. CONST. EN CO FOR MASON j`3.'"- L19 N 89.26'43' W 15.01, TRANSPORTATION CORRIDOR TRAIL Y.':' L20 S Q9.42'34' E t12,3 46199 S0. FT. I�" L29 N 02.04'12' E 151.3' TEMP. CONST. ESM'T� I" l21 N Ol'23'12' E 851.73' I'. 1. f.c. iL6 L10 a i a � 1 i i • i N 99.49.9ev 043.14' BE CORNER �p THIS DE 25-7-69 AND THE AREAS W. HORSETOOTH RD SHOWNN DEPICT THE ATTACHED . PROPERTY DESCRIPTIONONLY. AND NOTTREPRESENT NT A MONUMENTED BOUNDARY SURVEY. H:\C1P\MTC\MSCMSTR2.DWC EXHIBIT"F" DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE W.A. DRAKE; INC . PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Permanent Easement for the Mason Transportation Corridor Trail located in the East half of Section 26 Township 7 North Range _ 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante Fe Railroad right of way through the above described section, being more particularly described as follows ; Considering the south line of the southeast quarter of the said Section 26 as bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5 " Aluminum Cap Monument LS 14823 at the southeast corner of Section 26, and a 3 " Aluminum Cap Monument LS 20123 at the south quarter corner based upon G. P.S . survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 26; THENCE along the south line of the said southeast quarter of Section 26 , North 89 degrees 43 minutes 38 seconds West for a distance of 1043 . 14 feet to the west right of way of the said railroad; THENCE along the said west right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 2006 . 62 feet; THENCE continuing along the said west right of way, along a curve to the right having a radius of 34477 . 48 feet a central angle of 00 degrees 08 minutes 50 seconds and an arc length of 88 . 63 feet, being subtended by a chord of North 01 degrees 06 minutes 51 seconds East for a distance of 88 . 63 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west right of way, along a curve to the right having a radius of 34477 . 48 feet a central angle of 00 degrees 16 minutes 36 seconds and an arc length of 166 .41 feet, being subtended by a chord of North 01 degrees 19 minutes 34 seconds East for a distance of 166 . 41 feet; THENCE leaving the said west right of way, non-tangent from the previous curve, North 46 degrees 48 minutes 45 seconds East for a distance of 70 . 33 feet ; THENCE along a non-tangent curve to the right having a radius of 34427 . 48 feet a central angle of 00 degrees 33 minutes 38 seconds and an arc length of 336 . 85 feet, being subtended by a chord of North 01 degrees 49 minutes 58 seconds East for a distance of 336 . 85 feet; THENCE North 02 degrees 19 minutes 30 seconds East for a distance of 4 . 50 feet to the south right of way of Swallow Road; THENCE along the said south right of way of Swallow Road, Page 1 of 3 EXHIBIT"F" South 89 degrees 42 minutes 34 seconds East for a distance of 19 . 96 feet ; THENCE leaving the said south right of way, South 02 degrees 04 minutes 57 seconds West for a distance of 5 . 33 feet ; THENCE along a curve to the left having a radius of 34407 . 48 feet a central angle of 00 degrees 34 minutes 27 seconds and an arc length of 344 . 80 feet, being subtended by a chord of South 01 degrees 49 minutes 11 seconds West for a distance of 344 . 79 feet; THENCE non-tangent from the previous curve, South 46 degrees 48 minutes 45 seconds West for a distance of 63 . 29 feet; THENCE along a non-tangent curve to the left having a radius of 34452 . 48 feet a central angle of 00 degrees 16 minutes 13 seconds and an arc length of 162 .48 feet, being subtended by a chord of South 01 degrees 19 minutes 29 seconds West for a distance of 162 . 46 feet; THENCE North 89 degrees 42 minutes 34 seconds West for a distance of 25 . 00 feet to the point of beginning. Containing 12356 square feet more less . TOGETHER WITH: Commencing at the northeast corner of the said Section 26; THENCE along the north line of the said northeast quarter of Section 26, North 89 degrees 26 minutes 43 seconds West for a distance of 883 . 00 feet to the west right of way of the said railroad; THENCE along the said west right of way, South 01 degrees 16 minutes 04 seconds West for a distance of 50 . 00 feet to the south right of way of Drake Road and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west right of way, South 01 degrees 16 minutes 04 seconds West for a distance of 852 . 50 feet; THENCE continuing along the said west right of way, along a curve to the right having a radius of 11409 . 19 feet a central angle of 00 degrees 41 minutes 57 seconds and an arc length of 139 . 24 feet, being subtended by a chord of South 01 degrees 47 minutes 47 seconds West for a distance of 139 . 24 feet; THENCE continuing along the west right of way, South 02 degrees 19 minutes 30 seconds West for a distance of 1512 . 50 feet to the north right of way of Swallow Road; THENCE along the said north right of way, South 89 degrees 42 minutes 34 seconds East for a distance of 19 . 62 feet to a line which is 30. 00 feet west of (measured at right angles) and parallel with the centerline of the existing railroad tracks ; THENCE along the said parallel line, North 02 degrees 04 minutes 57 seconds East for a distance of 1512 . 82 feet; THENCE continuing along the said parallel line, along a curve to the left having a radius of 11429 . 19 feet a central angle of 00 Page 2 of 3 EXHIBIT"F" degrees 42 minutes 00 seconds and an arc length of 139 . 65 feet , being subtended by a chord of •North 01 degrees 44 minutes 05 seconds East for a distance of 139 . 65 feet ; THENCE continuing along the said parallel line, North 01 degrees 23 minutes 12 seconds East for a distance of 65i . 51 feet to the said south right of way of Drake Road; THENCE along the said south right of way, North 89 degrees 26 minutes 43 seconds West for a distance of 14 . 84 feet to the point of beginning. Containing 38543 square feet more less . The above described areas contain a total of 50899 square feet (1 . 168 acres) more or less and are subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L . S . 17497 P .O . BOX 580 FORT COLLINS, CO 80522 Page 3 of 3 EXHIBIT"F" DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE W.A. DRAKE, INC. PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Temporary Construction Easement for the Mason Transportation Corridor Trail located in the East half of Section 26 Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante Fe Railroad right of way through the above described section, being more particularly described as follows ; Considering the south line of the southeast quarter of the said Section 26 as . bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5" Aluminum Cap Monument LS 14823 at the southeast corner of Section 26, and a 3 " Aluminum Cap Monument LS 20123 at the south quarter corner based upon G.P .S . survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 26; THENCE along the south line of the said southeast quarter of Section 26 , North 89 degrees 43 minutes 38 seconds West for a distance of 1043 . 14 feet to the west right of way of the said railroad; THENCE along the said west right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 2006 . 62 feet; THENCE along a curve to the right having a radius of 34477 .48 feet a central angle of 00 degrees 08 minutes 50 seconds and an arc length of 88 . 63 feet, being subtended by a chord of North 01 degrees 06 minutes 51 seconds East for a distance of 88 . 63 feet to the south line of the Proposed Permanent Easement for the Mason Transportation Corridor Trail; THENCE along the said south line, South 89 degrees 42 minutes 34 seconds East for a distance of 25 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE along the east line of the said proposed permanent easement, along a non-tangent curve to the right having a radius of 34452 . 48 feet a central angle of 00 degrees 16 minutes 13 seconds and an arc length of 162 .48 feet, being subtended by a chord of North 01 degrees 19 minutes 29 seconds East for a distance of 162 . 48 feet; THENCE continuing along the said proposed east line, non- tangent from the previous curve, North 46 degrees 48 minutes 45 seconds East for a distance of 63 . 29 feet; THENCE continuing along the proposed said east line and along a non-tangent curve to the right having a radius of 34407 . 48 feet a central angle of 00 degrees 34 minutes 27 seconds and an arc length of 344 . 80 feet, being subtended by a chord of North 01 degrees 49 minutes 11 seconds East for a distance of 344 . 79 feet; THENCE continuing along the said proposed east line, North 02 Page 1 of 3 EXHIBIT"F„ degrees 04 minutes 57 seconds East for a distance of 5 . 33 feet to the south right of way of Swallow Road; THENCE along the said south right of way, South 89 degrees 42 minutes 34 seconds East for a distance of 15 . 01 feet; THENCE South 02 degrees 04 minutes 57 seconds West for a distance of 5 . 80 feet; THENCE along a curve to the left having a radius of 34392 .48 feet a central angle of 00 degrees 35 minutes 05 seconds and an arc length of 350 . 90 feet, being subtended by a chord of South 01 degrees 48 minutes 52 seconds West for a distance of 350 . 90 feet ; THENCE non-tangent from the previous curve, South 46 degrees 48 minutes 45 seconds West for a distance of 63 .28 feet; THENCE along a non-tangent curve to the left having a radius of 34437 . 48 feet a central angle of 00 degrees 15 minutes 35 seconds and an arc length of 156 . 14 feet, being subtended by a chord of South 01 degrees 19 minutes 10 seconds West for a distance of 156 . 14 feet; THENCE North 88 degrees 48 minutes 42 seconds West for a distance of 15 . 00 feet to the point of beginning. Containing 8640 square feet more less . TOGETHER WITH: Commencing at the northeast corner of the said Section 26; THENCE along the north line of the said northeast quarter of Section 26, North 89 degrees 26 minutes 43 seconds West for a distance of 883 . 00 feet to the west right of way of the said railroad; THENCE along the said west right of way, South 01 degrees 16 minutes 04 seconds West for a distance of 50 . 00 feet to the south right of way of Drake Road and to the north line of the said Proposed Permanent Easement for the Mason Transportation Corridor Trail ; THENCE along the said south right of way, South 89 degrees 26 minutes 43 seconds East for a distance of 14 . 84 feet to the east line of the said proposed permanent easement, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south right of way, South 89 degrees 26 minutes 43 seconds East for a distance of 15 . 00 feet; THENCE South 01 degrees 23 minutes 12 seconds West for a distance of 851 . 73 feet; THENCE along a curve to the right having a radius of 11444 .19 feet a central angle of 00 degrees 42 minutes 00 seconds and an arc length of 139 . 84 feet, being subtended by a chord of South 01 degrees 44 minutes 05 seconds West for a distance of 139 . 84 feet ; THENCE South 02 degrees 04 minutes 57 seconds West for a distance of 1512 . 35 feet to the north right of way of Swallow Road; THENCE along the said north right of way, North 89 degrees 42 minutes 34 seconds West for a distance of 15 . 01 feet to the said east line of the proposed permanent easement ; Page 2 of 3 EXHIBIT"F" THENCE along the said proposed east line, North 02 degrees 04 minutes 57 seconds East for a distance of 1512 . 82 feet ; THENCE continuing along the said proposed east line, along a curve to the left having a radius of 11429 . 19 feet a central angle of 00 degrees 42 minutes 00 seconds and an arc length of 139 . 65 feet , being subtended by a chord of North 01 degrees 44 minutes 05 seconds East for a distance of 139 . 65 feet; THENCE continuing along the said proposed east line, North 01 degrees 23 minutes 12 seconds East for a distance of 851 . 51 feet to the point of beginning. Containing 37559 square feet more less . The above described areas contain a total of 46199 square feet (1 . 061 acres) more or less and are subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S . 17497 P .O. BOX 580 FORT COLLINS, CO 80522 Page 3 of 3 EXHIBIT"G" LOCATION SKETCH O.V. PARRISH N NTS JULY 29, 2004 ' m 1_N W a 88 v 9. NORTH LINE SE 1/4 0629. N p6 J 13 f:r `u'•� 296 9 I'::' /490. s MASON TRANSPORTATION CORRIDOR TRAIL EASEMENT 45912 S0. FT. �I:P) PERM. ESM'T.— E... Curve 7lus Length ➢elta CI 43434].28' 388.26' 5'07'02' C2 4327.2B' 386.44' 5.07'00' C3 4312.28' 385.10, S'D7'00' TEMP. CONST. ESM'T. FOR MASON TRANSPORTATION CORRIDOR TRAIL 38892 SO. FT. �.) TEMP. CONST. ESM'T.— ® N kS/ m I:: U L` N 01.16'04'E 2193.10, \ S 01.23'12'W 2192.74' S 01*23'12'W 2192.96' �F. li> N 89'26'43'W 15.00' N 01.16'04'E�l N 89.26'43'V 15,05' 50.00' 4 _�__ _ % SE CORNER N 89.26'43'V 23-7-69 W. DRAKE RD. 883.00' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. K\CLP\MTC\MSCMSTR2DWG EXHIBIT"G" DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE O .V. PARRISH PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Temporary Construction Easement for the Mason Transportation Corridor Trail located in the East half of Section 23 Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante . Fe Railroad right of way through the above described section, being more particularly described as follows ; Considering the south line of the southeast quarter of the said Section 23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3 " Aluminum Cap Monument LS 17497 at the southeast corner and a 3 . 25" Aluminum Cap Monument LS 20123 at the south quarter corner of Section 23 , based upon G. P . S . survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 23 ; THENCE along the south line of the said southeast quarter of Section 23 , North 89 degrees 26 minutes 43 seconds West for a distance of 883 . 00 feet to the west right of way line of the said railroad; THENCE along the said west right of way line, North 01 degrees 16 minutes 04 seconds East for a distance of 50 . 00 feet to the north right of way of Drake Road and to the south line of the Proposed Permanent Easement for the Mason Transportation Corridor Trail; THENCE along the said north right of way, South 89 degrees 26 minutes 43 seconds East for a distance of 15 . 05 feet to the east line of the said Proposed Permanent Easement, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said proposed east line, North 01 degrees 23 minutes 12 seconds East for a distance of 2192 . 96 feet; THENCE continuing along the said proposed east line, along a curve to the right having a radius of 4327 . 28 feet a central angle of 05 degrees 07 minutes 00 seconds and an arc length of 386 .44 feet, being subtended by a chord of North 03 degrees 56 minutes 33 seconds East for a distance of 386 . 31 feet; THENCE continuing along the said proposed east line, North 06 degrees 29 minutes 53 seconds East for a distance of 13 . 36 feet to the north line of the said southeast quarter of Section 23 ; THENCE along the said north line, South 89 degrees 22 minutes 14 seconds East for a distance of 15 . 08 feet; THENCE leaving the said north line, South 06 degrees 29 minutes 53 seconds West for a distance of 14 . 90 feet ; THENCE along a curve to the left having a radius of 4312 . 28 feet a central angle of 05 degrees 07 minutes 00 seconds and an arc length of 385 . 10 feet, being subtended by a chord of South 03 Page 1 of 2 EXHIBIT "G„ degrees 56 minutes 33 seconds West for a distance of 384 . 98 feet; THENCE South 01 degrees 23 minutes 12 seconds West for a distance of 2192 . 74 feet to the said north right of way of Drake Road; THENCE along the said north right of way, North 89 degrees 26 minutes 43 seconds West for a distance of 15 . 00 feet to the point of beginning. Containing 38892 square feet more less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS , CO 80522 Page 2 of 2 EXHIBIT"G" DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE O .V. PARRISH PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Permanent Easement for the Mason Transportation Corridor Trail located in the East half of Section 23 Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Burlington Northern Sante Fe Railroad right of way through the above described section, being more particularly described as follows ; Considering the south line of the southeast quarter of the said Section 23 as bearing North 89 degrees 26 minutes 43 seconds West between a 311 Aluminum Cap Monument LS 17497 at the southeast corner and a 3 . 25" Aluminum Cap Monument LS 20123 at the south quarter corner of Section 23 , based upon G. P . S . survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 23 ; THENCE along the south line of the said southeast quarter of Section 23 , North 89 degrees 26 minutes 43 seconds West for a distance of 883 . 00 feet to the west right of way line of the said railroad; THENCE along the said west right of way line, North 01 degrees 16 minutes 04 seconds East for a distance of 50 . 00 feet to the north right of way of Drake Road and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west right of way of the railroad, North 01 degrees 16 minutes 04 seconds East for a distance of 2193 . 10 feet ; THENCE continuing along the said west right of way, along a curve to the right having a radius of 4347 . 28 feet a central angle of 05 degrees 07 minutes 02 seconds and an arc length of 388 . 26 feet, being subtended by a chord of North 03 degrees 52 minutes 59 seconds East for a distance of 388 . 13 feet; THENCE continuing along the said west right of way, North 06 degrees 29 minutes 53 seconds East for a distance of 11 . 33 feet to the north line of the said southeast quarter of Section 23 ; THENCE along the said north line, South 89 degrees 22 minutes 14 seconds East for a distance of 20 . 11 feet to a line which is 30 . 00 feet west of (measured at right angles) and parallel with the centerline of the existing railroad tracks ; THENCE along the said parallel line, South 06 degrees 29 Minutes 53 seconds West for a distance of 13 . 36 feet; THENCE continuing along the said parallel line, along a curve to the left having a radius of 4327 . 28 feet a central angle of 05 degrees 07 minutes 00 seconds and an arc length of 386 . 44 feet, Page 1 of 2 EXHIBIT"G" being subtended by a chord of South 03 degrees 56 minutes 33 seconds West for a distance of 386 . 31 feet ; THENCE continuing along the said parallel line, . South 01 degrees 23 minutes 12 seconds West for a distance of 2192 . 96 feet to the said north right of way of Drake Road; THENCE along the said north right of way, North 89 degrees 26 minutes 43 seconds West for a distance of 15 . 05 feet to the point of beginning. Containing 45912 square feet more less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P .L . S . 17497 P .O. BOX 580 FORT COLLINS, CO 80522 Page 2 of 2