HomeMy WebLinkAbout128 - 10/07/2003 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTIO ORDINANCE NO. 128, 2003
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 early 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 south to the future Fossil 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 RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the
public interest to acquire the real property described on attached Exhibits "A" through "G",copies
of which are on file in the office of the City Clerk and incorporated herein by this reference, for the
purpose of constructing the Project and other related improvements for the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the said real property for the City by eminent domain
proceedings.
Section 3. The City Council finds,in the event that acquisition by condemnation of any
parcel described in this Ordinance is commenced, that immediate possession is necessary for the
public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 16th day of
September, A.D. 2003, and to be presented for final passage on the 7th day of October, A.D. 2003.
Mayor =
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of October, A.D. 2 .
Mayor
ATTEST:
4
City Clerk
EXHIBIT "A"
LOCATION SKETCH
ARBOR PROPERTIES, LTD.
NE CORNER
2-6-69
W. HARMONY RD.
S89'54'450E N89'54'45"W-955.64'
c�
`r SO1'03'52"W
60.01' _
NW CORNER
ARBOR PLAZA PUD
I TEMP. CONS'T. ESM'T.
FOR MASON
I+ TRANSPORTATION
CORRIDOR TRAIL
CL RR iv 13730 SQ. FT.
� o
m
rn _ 0)
I I 3
N
N
OU)
M M
^O �. O
N Z In PERM. EASEMENT N
FOR MASON
TRANSPORTATION
CORRIDOR TRAIL
22894 SQ. FT.
NTS
SW CORNER SEPTEMBER 3, 2003
/ARBOR PLAZA PUD
'00(
oo
^N
N88'43'34"W I THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
BNSF RR
ROW U.\S7WPROJ\WALLY\DWO\ARBORPROP.DWG
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE ARBOR PROPERTIES, LTD. , A COLORADO
LIMITED PARTNERSHIP 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 2 , Township 6 North,
Range 69 West, Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, the said easement is also located in that
certain tract of land described in a Warranty Deed recorded June
24 , 1971 in Book 1466 at Page 313 records of the Clerk and Recorder
of the said Larimer County, the said easement is also a portion of
the Burlington Northern Sante Fe Railroad right of way through the
said Section 2 , being more particularly described as follows ;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G.P . S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the east right of way of the said railroad, and to
the northerly extension of the west line of Arbor Plaza P.U.D. a
plat of record with the Clerk and Recorder of the said Larimer
County;
THENCE along the east right of way, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the north
west corner of the said Arbor Plaza P.U.D . and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the said east right of way and along the west
line of the said Arbor Plaza P.U.D. , South 01 degrees 03 minutes 52
seconds West for a distance of 916 . 02 feet to the southwest corner
of the said Arbor Plaza P.U.D. ;
THENCE along the westerly extension of the south line of the
said Arbor Plaza P.U.D . , North 88 degrees 43 minutes 34 seconds
West for a distance of 25 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 915 . 50 feet to the westerly extension of the north line
of the said Arbor Plaza P.U.D. ;
THENCE along the said westerly extension, South 89 degrees 54
minutes 45 seconds East for a distance of 25 . 00 feet to the point
of beginning. Containing 22894 square feet more less .
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
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE ARBOR PROPERTIES,
LTD. , A COLORADO LIMITED PARTNERSHIP PROPERTY TO BE GRANTED TO THE
CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West, Sixth Principal Meridian, City of
Fort Collins , Larimer County, Colorado, the said easement is also
located in that certain tract of land described in a Warranty Deed
recorded June 24 , 1971 in Book 1466 at Page 313 records of the
Clerk and Recorder of the said Larimer County, the said easement is
also a portion of the Burlington Northern Sante Fe Railroad right
of way through the said Section 2 , being more particularly
described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P. S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the east right of way of the said railroad, and to
the northerly extension of the west line of Arbor Plaza P .U.D. a
plat of record with the Clerk and Recorder of the said Larimer
County;
THENCE along the east right of way, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the north
west corner of the said Arbor Plaza P.U.D. ;
THENCE along the westerly extension of the north line of the
said Arbor Plaza P .U.D. , North 89 degrees 54 minutes 45 seconds
West for a distance of 25 . 00 feet to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said westerly extension, North 89
degrees 54 minutes 45 seconds West for a distance of 15 . 00 feet ;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 915 . 19 feet to the westerly extension of the south line
of the said Arbor Plaza P.U.D. ;
THENCE along the said extension, South 88 degrees 43 minutes
34 seconds East for a distance of 15 . 00 feet to the west line of
the proposed Permanent Easement to be granted to the said City of
Fort Collins;
THENCE along the said proposed west line, North 01 degrees 03
minutes 52 seconds East for a distance of 915 . 50 feet to the point
of beginning. Containing 13730 square feet more less .
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
LOCATION SKETCH
MATMAR FC PARTNERSHIP PROPERTY
EXHIBIT
NE CORNER
2-6-69
W. HARMONY RD.
N89'54'45"W N89'54'45"W-955.64'
20.00'
r—SO1'03'52"W
60.01'
NW CORNER S01'03'52"W N89'54'4�
955.64
TRBOR PLAZA PUD 60.01'
(LOT 3) N89'54'45"W
PERM. EASEMENT 2 90'
FOR THE MASON ST.
o TRANSPORATION NyLOT 3NER
CORRIDOR
580 SQ. FT.
j� SEE DETAIL 1 in
3 N
0 � N of NE CORNER
to 2-6-69
04 to I o iO
DETAIL 1
TEMP. CONST o N "4
EASEMENT N N
10025 SQ. FT. z ,Mo 0
PERM. EASEMENT o z
FOR THE MASON ST. N
TRANSPORATION 46
CORRIDOR S88'56'08"E
52 SQ. FT. 3.95'
SEE DETAIL 2
SW CORNER N88'56'08"W
LOT 3 S88'43'34"E 3.21'
20.00'
3 w
Np p�
00
no
p�
N� p�
Z
SW CORNER
/ARBOR PLAZA PUD SW CORNER
LOT 3
DETAIL 2
BNSF RR
ROW THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DDONOTRPRESENT
MONUMENfED BOUNDARY SURVEY.
SEPTEMBER 15, 2003
U:\S7WPROU\WALLY\DwG\MATMAR.DWG
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED IN MATMAR FORT COLLINS
PARTNERSHIP PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2,
Township 6 North, Range 69 West, Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, the said easement is also
located in Lot 3 of the plat of Arbor Plaza P.U. D. 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 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P.S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D. ;
THENCE along the said northerly extension, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the
northwest corner of the said Lot 3 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the west line of the said Lot 3 , South 01 degrees
03 minutes 52 seconds West for a distance of 501 . 02 feet to the
southwest corner of the said Lot 3 ;
THENCE along the south line of the said Lot 3 , South 88
degrees 43 minutes 34 seconds East for a distance of 20 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 501 . 44 feet to the north line of the said Lot 3 ;
THENCE along the said north line, North 89 degrees 54 minutes
45 seconds West for a distance of 20 . 00 feet to the point of
beginning. Containing 10025 square feet more less .
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
DESCRIPTION OF TWO PERMANENT EASEMENTS FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED IN MATMAR FORT COLLINS PARTNERSHIP PROPERTY
TO BE DEDICATED TO THE CITY OF FORT COLLINS
Two Permanent Easements for the Mason Transportation Corridor Trail
located in the northeast quarter of Section 2 , Township 6 North,
Range 69 West, Sixth Principal Meridian, City of Fort Collins ,
Larimer County, Colorado, the said easements are also located in
Lot 3 of the plat of Arbor Plaza P.U.D . 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 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P. S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D . ;
THENCE along the said northerly extension, and along the west
line of the said Lot 3 Arbor Plaza P .U.D . , South 01 degrees 03
minutes 52 seconds West for a distance of 542 . 71 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said west line of Lot 3 , South 01
degrees 03 minutes 52 seconds West for a distance of 16 . 00 feet;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 3 . 23 feet ;
THENCE North 01 degrees 00 minutes 06 seconds East for a
distance of 16 . 00 feet ;
THENCE North 88 degrees 56 minutes 08 seconds West for a
distance of 3 . 21 feet to the point of beginning. Containing 52
square feet more less .
TOGETHER WITH:
Commencing at the said northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D. ;
THENCE along the said northerly extension, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the
northwest corner of the said Lot 3 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the west line of the said Lot 3 , South 01 degrees
03 minutes 52 seconds West for a distance of 169 . 20 feet ;
THENCE leaving the said west line, South 88 degrees 56 minutes
08 seconds East for a distance of 3 . 95 feet ;
THENCE North 00 degrees 42 minutes 35 seconds East for a
PAGE 1 OF 2
distance of 169 . 25 feet to the north line of the said Lot 3 ;
THENCE along the said north line of Lot 3 , North 89 degrees 54
minutes 45 seconds West for a distance of 2 . 90 feet to the point of
beginning. Containing 580 square feet more less .
The above described Permanent Easements contain a total of 632
square feet , more of 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 2 OF 2
EXHIBIT "C"
LOCATION SKETCH
WALMART REAL ESTATE BUSINESS TRUST
NE CORNER
2-6-69
W. HARMONY RD.
N89'54'45"W-955.64'
r—SO1'03'52"W
60.01'
NW CORNER X NW CORNER
RBOR PLAZA PUD
(LOT 3) /LOT 2
N
O
N 00
3 M M
c N
N88'56'08"W
Q rn 3.36'
In 3 w
N 'D
Op
1 0
M0 00
Ocp .p(6
S88'43'34"E N^ 0
/20.00'
PERM. EASEMENT DETAIL
NW CORNER FOR THE MASON ST,
LOT 2 TRANSPORTATION
o CORRIDOR
0 54 S0. FT.
SEE DETAIL
I
3 w
0 0
0 o vi TEMP. CONST.
SW CORNER v0i z 8300SggENFT.
ARBOR PLAZA PUD LOT 2 \_ N T S
AUGUST 28, 2003
BNSF RR
ROW S88'43'34"E THIS SKETCH AND THE AREAS
20.00' SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENIID BOUNDARY SURVEY.
U:\S7WPROJ\WN1Y\DWO\WALMART.DW6
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED IN WAL-MART REAL ESTATE BUSINESS TRUST
PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Permanent Easement for the Mason Transportation Corridor Trail
located in the northeast quarter of Section 2 , Township 6 North,
Range 69 West , Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, the said easement is also located in Lot
2 of the plat of Arbor Plaza P .U.D . 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 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P . S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P .U.D. ;
THENCE along the said northerly extension, and along the west
line of the said Arbor Plaza P .U.D . , South 01 degrees 03 minutes 52
seconds West for a distance of 561 . 03 feet to the northwest corner
of the said Lot 2 ;
THENCE along the west line of the said Lot 2 , South 01 degrees
03 minutes 52 seconds West for a distance of 121 . 38 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said west line of Lot 2 , South 01
degrees 03 minutes 52 seconds West for a distance of 16 . 00 feet;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 3 . 38 feet ;
THENCE North 01 degrees 00 minutes 06 seconds East for a
distance of 16 . 00 feet;
THENCE North 88 degrees 56 minutes 08 seconds West for a
distance of 3 . 36 feet to the point of beginning. Containing 54
square feet more less .
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
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED IN WAL-MART REAL ESTATE
BUSINESS TRUST PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West, Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, the said easement is also
located in Lot 2 of the plat of Arbor Plaza P.U.D . 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 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P . S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D . ;
THENCE along the said northerly extension, and along the west
line of the said Arbor Plaza P .U.D . , South 01 degrees 03 minutes 52
seconds West for a distance of 561 . 03 feet to the northwest corner
of the said Lot 2 and to the TRUE POINT OF BEGINNING of this
description;
THENCE along the west line of the said Lot 2 , South 01 degrees
03 minutes 52 seconds West for a distance of 415 . 00 feet to the
southwest corner of the said Lot 2 ;
THENCE along the south line of the said Lot 2 , South 88
degrees 43 minutes 34 seconds East for a distance of 20 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 415 . 00 feet to the north line of the said Lot 2 ;
THENCE along the said north line, North 88 degrees 43 minutes
34 seconds West for a distance of 20 . 00 feet to the point of
beginning. Containing 8300 square feet more less .
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"
LOCATION SKETCH
SPRADLEY/BARR LLC.
NE CORNER
2-6-69
LO
0 M
o 00
to "
P rn
N88'43'34"W 0
cif` r'
s 00. 00' N8843'34"W-958.05'
I W
Q
LLJ
TEMP. CONST. ESM'T. U
FOR MASON W
TRANSPORTATION J
c CORRIDOR TRAIL J
o 6750 SQ.FT. 0
to
3 0
o
In
ot ci �a
Ito
A
c 3 1 N
N N w
rn N n
in
O O c
ol O
Z
PERM. EASEMENT
FOR MASON
TRANSPORTATION N T S
CORRIDOR TRAIL
11250 SQ.FT.
AUGUST 28, 2003
BNSF Rvr
ROW THIS SKETCH AND THE AREAS
O� DO SHOWN DEPICT THE ATTACHED
^y y PROPERTY DESCRIPTION ONLY,
�. AND DO NOT REPRESENT A
S88'43'34"EI MONUMENfED BOUNDARY SURVEY.
U:\S7WPROJ\WALLY\DWG\SPRAOLEM4M.DWG
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE SPRADLEY/BARR, LLC. 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 2 , Township 6 North,
Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said easement is also a
portion of that certain tract of land described in a Warranty Deed
recorded May 27, 1997 at Reception No. 97033058 records of the
Clerk and Recorder of the said Larimer County, the said easement is
also located in the Burlington Northern Santa Fe Railroad right of
way, being more particularly described as follows ;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2 , and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
995 . 83 feet to the north line of the said tract described at
Reception No. 97033058 ;
THENCE along the said north line, North 88 degrees 43 minutes
34 seconds West for a distance of 958 . 05 feet to the east right of
way of the said Burlington Northern Santa Fe Railroad and to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 25 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 450 . 00 feet to the south line of the said tract
described at Reception No. 97033058 ;
THENCE along the said south line, South 88 degrees 43 minutes
34 seconds East for a distance of 25 . 00 feet to the said railroad
right of way;
THENCE along the said right of way, North 01 degrees 03
minutes 52 seconds East for a distance of 450 . 00 feet to the point
of beginning . Containing 11250 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
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE SPRADLEY/BARR, LLC .
PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said easement
is also a portion of that certain tract of land described in a
Warranty Deed recorded May 27, 1997 at Reception No. 97033058
records of the Clerk and Recorder of the said Larimer County, the
said easement is also located in the Burlington Northern Santa Fe
Railroad right of way, being more particularly described as
follows ;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2 , and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
995 . 83 feet to the north line of the said tract described at
Reception No . 97033058 ;
THENCE along the said north line, North 88 degrees 43 minutes
34 seconds West for a distance of 983 . 05 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 continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 15 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 450 . 00 feet to the south line of the said tract
described at Reception No. 97033058 ;
THENCE along the said south line, South 88 degrees 43 minutes
34 seconds East for a distance of 15 . 00 feet to the said proposed
west line;
THENCE along the said proposed west line, North 01 degrees 03
minutes 52 seconds East for a distance of 450 . 00 feet to the point
of beginning . Containing 6750 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
CHOATE PROPERTY
NE CORNER
2-6-69 3
U) in
o �
ri
y) rn
0
V)
W
e
V)
.,n� S88'07'05'W
N88'36'55'W oo 04 396.85'
00 $' N88'36'55"W
566.26'
PERM. EASEMENT
FOR MASON
TRANSPORTATION
BNSF R CORRIDOR TRAIL
ROW I 36309 SQ.FT.
n
cVto Lo
M
N
V)
3 a i %
7 N 'o n pA N
Q � � Q
O M
(n O O^
O Z
V)
TEMP. CONST. ESM'T. N T S
FOR MASON
TRANSPORTATION
CORRIDOR TRAIL AUGUST 28, 2003
21787 SQ.FT.
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
is Ct PROPERTY DESCRIPTION ONLY.
d` AND DO NOT REPRESENT A
00. 00 MONUMENTED BOUNDARY SURVEY.
S8856'08"E
U:\S7WPROJ\WALLY\DWG\CHOATE.DWG
DESCRIPTION OF A PERMANENT EASEMENT FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE CHOATE 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 2 , Township 6 North, Range 69
West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, the said easement is also a portion of that
certain tract of land described in a Warranty Deed recorded June
27 , 1952 in Book 933 at Page 165 records of the Clerk and Recorder
of the said Larimer County, the said easement is also located in
the Burlington Northern Santa Fe Railroad right of way, being more
particularly described as follows;
Considering the east line of the northeast quarter of the said
Section 2 as bearing South 00 degrees 55 minutes 05 seconds West,
between a LS 20123 Aluminum Cap Monument at the northeast corner of
Section 2 and a LS 17664 Aluminum Cap Monument at the east quarter
corner of the said Section 2 , and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1953 . 53 feet to the northeast corner of the said tract described in
Book 933 at page 165 ;
THENCE along the north line of the said tract , South 88
degrees 07 minutes 05 seconds West for a distance of 396 . 85 feet;
THENCE continuing along the said north line, South 00 degrees
05 minutes 55 seconds East for a distance of 102 . 70 feet ;
THENCE continuing along the said north line, North 88 degrees
36 minutes 55 seconds West for a distance of 566 . 26 feet to the
east line of the said Burlington Northern Santa Fe Railroad right
of way, and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 88 degrees
36 minutes 55 seconds West for a distance of 25 . 00 feet ;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 1452 .45 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 25 . 00 feet to the said east railroad right of way;
THENCE along the said east right of way, North 01 degrees 03
minutes 52 seconds East for a distance of 1452 . 31 feet to the point
of beginning. Containing 36309 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
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE CHOATE 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 2 , Township 6
North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said easement is also a
portion of that certain tract of land described in a Warranty Deed
recorded June 27 , 1952 in Book 933 at Page 165 records of the Clerk
and Recorder of the said Larimer County, the said easement is also
located in the Burlington Northern Santa Fe Railroad right of way,
being more particularly described as follows ;
Considering the east line of the northeast quarter of the said
Section 2 as bearing South 00 degrees 55 minutes 05 seconds West,
between a LS 20123 Aluminum Cap Monument at the northeast corner of
Section 2 and a LS 17664 Aluminum Cap Monument at the east quarter
corner of the said Section 2 , and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1953 . 53 feet to the northeast corner of the said tract described in
Book 933 at page 165 ;
THENCE along the north line of the said tract, South 88
degrees 07 minutes 05 seconds West for a distance of 396 . 85 feet;
THENCE continuing along the said north line, South 00 degrees
O5 minutes 55 seconds East for a distance of 102 . 70 feet;
THENCE continuing along the said north line, North 88 degrees
36 minutes 55 seconds West for a distance of 591 . 26 feet to the
west line of the proposed Permanent Easement to be granted to the
said City of Fort Collins and to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said north line, North 88 degrees
36 minutes 55 seconds West for a distance of 15 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 1452 . 53 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 15 . 00 feet to the said west line of the proposed
easement;
THENCE along the said proposed west line, North 01 degrees 03
minutes 52 seconds East for a distance of 1452 . 45 feet to the point
of beginning. Containing 21787 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
NORLIN PROPERTY NE 206-69 3
N88'43'34"W Lo OR
Ui
s 0
00. 00_ N88'43'34"W-959.20' V)
N N PERM. EASEMENT
a M w FOR MASON
TRANSPORTATION
3 3 �- CORRIDOR TRAIL
cl, u p n 3254 SQ.FT. �j
p Z S88-56.08"E Q
25.00'
W
15.00' (D
S88'56'08"E W
40.00' TEMP. CONST. ESM'T.
FOR MASON J
TRANSPORTATION
CORRIDOR TRAIL
2554 SQ.FT.
iZ
BNSF R
ROW
3 �hry0
oeon
04
N N
TEMP. CONST. ESM'T.
FOR MASON
S88'56'08"E TRANSPORTATION
40.00'0 CORRIDOR TRAIL
5.
o 2549 SQ.FT.
, 00' NTS
rn S88'56'08"E
a
O1 25.00' AUGUST 28, 2003
O/ 3
N
N.
0 � PERM. EASEMENT
1O N o n FOR MASON
o o - TRANSPORTATION
O CORRIDOR TRAIL THIS SKETCH AND THE AREAS
Z o 3251 SQ.FT. SHOWN DEPICT THE ATTACHED
PROPERTY
DO DESCRIPTION ONLY,
NO REPRESENT A
AND
c�s MONUMENTED BOUNDARY SURVEY.
s
00• .00.N88'36'55"W U.\S7WPROJ\WALLY\DWG\NORUN.DWG
DESCRIPTION OF TWO PERMANENT EASEMENTS FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED ON THE NORLIN PROPERTY TO BE GRANTED TO THE
CITY OF FORT COLLINS
Two Permanent Easements for the Mason Transportation Corridor
Trail located in the northeast quarter of Section 2 , Township 6
North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said easements are also a
portion of that certain tract of land described in a Warranty Deed
recorded August 12 , 1949 in Book 878 at Page 520 records of the
Clerk and Recorder of the said Larimer County, the said easements
are also located in the Burlington Northern Santa Fe Railroad right
of way, being more particularly described as follows ;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2 , and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520 ;
THENCE along the north line of the said tract , North 88
degrees 43 minutes 34 seconds West for a distance of 959 . 20 feet to
the east line of the said Burlington Northern Santa Fe Railroad
right of way, and to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 25 . 00 feet;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 130 . 21 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 25 . 00 feet to the said east line of the railroad right
of way;
THENCE along the said east line, North 01 degrees 03 minutes
52 seconds East for a distance of 130 . 11 feet to the point of
beginning . Containing 3254 square feet more less .
TOGETHER WITH:
Commencing at the said northeast corner of Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520;
THENCE along the north line of the said tract , North 88
degrees 43 minutes 34 seconds West for a distance of 959 . 20 feet to
the east line of the said Burlington Northern Santa Fe Railroad
PAGE 1 OF 2
right of way;
THENCE along the said east right of way line, South 01 degrees
03 minutes 52 seconds West for a distance of 500 . 99 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east right of way line, South
O1 degrees 03 minutes 52 seconds West for a distance of 130 . 13 feet
to the south line of the said tract described in Book 878 at Page
520 ;
THENCE along the said south line, North 88 degrees 36 minutes
55 seconds West for a distance of 25 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 129 . 99 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 25 . 00 feet to the point of beginning . Containing 3251
square feet more less .
The above described tracts contain a total of 6505 square feet 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 2 OF 2
DESCRIPTION OF TWO TEMPORARY CONSTRUCTION EASEMENTS FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE NORLIN PROPERTY TO BE
GRANTED TO THE CITY OF FORT COLLINS
Two Temporary Construction Easements for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins , Larimer County, Colorado, the said easements
are also a portion of that certain tract of land described in a
Warranty Deed recorded August 12 , 1949 in Book 878 at Page 520
records of the Clerk and Recorder of the said Larimer County, the
said easements are also located in the Burlington Northern Santa Fe
Railroad right of way, being more particularly described as
follows ;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West, between
a LS 20123 Aluminum Cap Monument at the northeast corner of Section
2 and a LS 17664 Aluminum Cap Monument at the east quarter corner
of the said Section 2 , and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520 ;
THENCE along the north line of the said tract , North 88
degrees 43 minutes 34 seconds West for a distance of 984 . 20 feet to
the west line of the proposed Permanent Easement to be granted to
the said City of Fort Collins and to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said north line, North 88 degrees
43 minutes 34 seconds West for a distance of 15 . 00 feet ;
THENCE South 01 degrees 03 minutes 52 seconds West for a
distance of 145 . 26 feet ;
THENCE South 68 degrees 56 minutes 08 seconds East for a
distance of 40 . 00 feet to the east line of the said Burlington
Northern Santa Fe Railroad right of way;
THENCE along the said east line, North 01 degrees 03 minutes
52 seconds East for a distance of 15 . 00 feet to the south line of
the said proposed Permanent Easement ;
THENCE along the said south line, North 88 degrees 56 minutes
08 seconds West for a distance of 25 . 00 feet to the said west line
of the proposed easement;
THENCE along the said west line, North 01 degrees 03 minutes
52 seconds East for a distance of 130 . 21 feet to the point of
beginning. Containing 2554 square feet more less .
TOGETHER WITH:
Commencing at the said northeast corner of Section 2 ;
PAGE 1 OF 2
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
1445 . 83 feet to the northeast corner of the said tract described in
Book 878 at Page 520 ;
THENCE along the north line of the said tract, North 88
degrees 43 minutes 34 seconds West for a distance of 959 . 20 feet to
the east line of the said Burlington Northern Santa Fe Railroad
right of way;
THENCE along the said east right of way line, South 01 degrees
03 minutes 52 seconds West for a distance of 485 . 99 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east right of way, South 01
degrees 03 minutes 52 seconds West for a distance of 15 . 00 feet to
the north line of the said proposed Permanent Easement ;
THENCE along the said north line, North 88 degrees 56 minutes
08 seconds West for a distance of 25 . 00 feet to the west line of
the said proposed easement ;
THENCE along the said west line, South 01 degrees 03 minutes
52 seconds West for a distance of 129 . 99 feet to the south line of
the said tract described in Book 878 at Page 520 ;
THENCE along the said south line, North 88 degrees 36 minutes
55 seconds West for a distance of 15 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 144 . 90 feet;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 40 . 00 feetto the point of beginning . Containing 2549
square feet more less .
The above described tracts contain a total of 5103 square feet 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 2 OF 2
EXHIBIT "G"
LOCATION SKETCH
LAGUNITAS REDTAIL INC.
NE CORNER
2-6-69
3
J� 0 0
J Q 0 n
S n N
m GQ 03
O N
V N T)
O
L.L-
BNSF RR
ROW N8836'28"W-343.76'
N88'36'28"W
618.18'
w
N h
I
3 0� �cF�1
N 2 L8Q ry1
Lo
o S8736'28"E-189.79' �
N69 5�32 5 .
TEMP. CONST. ESM'T.
FOR MASON
TRANSPORTATION
CORRIDOR TRAIL
33417 SQ.FT.
N
ETCH AND THE AREAS
N T S HIOWN"DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
AUGUST 29, 2003 AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
U:\S7WPROJ\WALLY\DWG\UGUNTTAS.DWO
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED ON THE LAGUNITAS REDTAIL,
INC . , A COLORADO CORPORATION 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 2 , Township 6
North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins , Larimer County, Colorado, the said easement is also a
portion of that certain tract of land described in a Warranty Deed
recorded July 02 , 2002 at Reception No . 2002070785 records of the
Clerk and Recorder of the said Larimer County, being more
particularly described as follows ;
Considering the east line of the northeast quarter of the said
Section 2 as bearing South 00 degrees 55 minutes 05 seconds West,
between a LS 20123 Aluminum Cap Monument at the northeast corner of
Section 2 and a LS 17664 Aluminum Cap Monument at the east quarter
corner of the said Section 2 , and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the said east line of the northeast quarter,
South 00 degrees 55 minutes 05 seconds West for a distance of
2512 . 30 feet to the northeast corner of the said tract described at
Reception No. 2002070785 ;
THENCE along the north line of the said tract, North 88
degrees 36 minutes 28 seconds West for a distance of 618 . 18 feet to
the easterly right of way of Fossil Boulevard as dedicated on the
plat of Weberg P .U. D. a plat of record with the said Clerk and
Recorder and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line of the tract
described at Reception No. 2002070785 , North 88 degrees 36 minutes
28 seconds West for a distance of 343 . 76 feet to the east right of
way of the Burlington Northern Santa Fe Railroad right of way;
THENCE along the said east railroad right of way, South 01
degrees 03 minutes 52 seconds West for a distance of 142 . 17 feet to
the south line of the said tract described at Reception No .
2002070785 ;
THENCE along the said south line, North 69 degrees 53 minutes
32 seconds East for a distance of 153 . 71 feet;
THENCE continuing along the said south line, South 87 degrees
36 minutes 28 seconds East for a distance of 189 . 79 feet ;
THENCE North 07 degrees 53 minutes 59 seconds East for a
distance of 89 . 72 feet to the point of beginning. Containing 33417
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