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HomeMy WebLinkAbout134 - 12/15/2009 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC ORDINANCE NO. 134, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT (PHASE THREE) WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project")is scheduled for construction in 2010; and WHEREAS, the Project involves the construction of a five'mile, north-south byway which extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South Transit Center); and WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete paving, retaining walls, curb and gutter, and drainage and utility improvements; and WHEREAS,the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS, it is necessary for the City to acquire certain property rights (the"Properties") hereinafter described on Exhibits"A"through"F", attached hereto and incorporated herein by this reference (the "Exhibits"), for the purpose of constructing the Project; and WHEREAS, the City will continue to negotiate in good faith for the acquisition of the Properties from the landowners; 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 public health, safety, and welfare; and WHEREAS,the acquisition ofthe Properties may,by law,be accomplished through 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 is necessary and in the public interest to acquire the Properties described on the Exhibits for the purpose of the Mason Corridor Bus Rapid Transit Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition of the Properties by eminent domain is commenced,that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 1 st day of December, A.D. 2009, and to be'presented for final passage on the 5th day of December, A.D. 2009. Mayor ATTEST: ,City Clerk Passed and adopted on final reading on the 15th day of ecember, A.D. 2009. Mayor AT-TEST:- City Clerk Exhibit "A" Page 1 of 5 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE PEDERSEN PROPERTIES, LTD. , A COLORADO LIMITED PARTNERSHIP , PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the southeast quarter 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 Lot 1 of the plat of Pedersen Auto Plaza Subdivision 211 Filing a plat of record with the Clerk and Recorder of the said Larimer County, the said easement is also located in that certain tract of land as described in a Quit Claim Deed recorded March 30, 2000 at Reception No. 2000020521 records of the said Clerk and Recorder, being more particularly described as follows; Considering the south line of the southeast quarter of the said Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3. 25" Aluminum Cap Monument at the south quarter corner of Section 35, based upon G. P.S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005 . 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 530. 90 feet to the southwest corner of the said Lot 1 of the Pedersen Auto Plaza Subdivision 2nd Filing, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 638 :78 feet to the northwest corner of the said Lot 1; THENCE along the north line of the said Lot 1, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 638 . 77 feet to the south line of the said Lot 1; THENCE along the said south line, North 89 degrees 55 minutes 32 seconds West for a distance of 5 . 00 feet to the point of beginning. Containing 3, 194 square feet more or less . The above described tract is subject to all easements and rights of ways now existing or of record. Page 1 of 2 Exhibit "A" Page 2 of 5 I hereby state that the above description was prepared by me and i.s 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 ```ttt CRA�Gf7!%iiiii ptlltllill/i! P.O. BOX 580 FORT COLLINS, CO 80522 ���PG ..........4f4; Ile 1 497 te 0SUFIVS ,I'',,F,OIIII O1 Page 2 of 2 Exhibit "A" Page 3 of 5: DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE. PEDERSEN PROPERTIES, LTD. , A COLORADO LIMITED PARTNERSHIP PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the southeast quarter 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 Lot 1 of the plat of Pedersen Auto Plaza Subdivision 2" Filing a plat of record with the Clerk and Recorder of the said 'Larimer County, the said easement is also located in that. certain tract of land as described in a Quit Claim Deed recorded March 30, 2000 at Reception No. 2000020521 records of the said Clerk and Recorder, being more particularly described as follows; Considering the south line of the southeast quarter of the said Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3. 251, Aluminum Cap Monument at the south quarter corner of Section 35, based upon G. P.S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast. corner of the said Section 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005 . 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 530. 90 feet to the southwest corner of the said Lot 1 of the Pedersen Auto Plaza Subdivision 2nd Filing; THENCE along the south line of the said Lot 1, South 89 degrees 55 minutes 32 seconds East for a distance of 5. 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 638 . 77 feet to the north line of the said Lot 1; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 20. 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 638 . 73 feet to the said south line of Lot 1; THENCE along the said south line, North 89 degrees 55 minutes 32 seconds West for a distance of 20 . 00 feet to the point of beginning. Containing 12, 775 square feet more or less . Page 1 of 2 Exhibit "A" Page 4 of 5; The above described tract is subject to all easements and rights o' 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 �p... .. 0 iiq✓✓ QV .o' ii ••�0 yO' C'a ✓''✓ s AND SO....''O�`� ✓✓✓Afp� �717i1O01100 ` Page 2 of 2 Exhibit "A" LOCATION SKETCH PEDERSEN PROPERTIES. LTD. N OCTOBER 16, 2009 L2 L5 NTS Lxar. ue PROPOSED TEMP. CONST. 100. RAILWAY ROW ESM'T. 12,775 SD. FT. sOA y J J J oZ s.A SLOPE AND UTILITY ESMT, A 3,194 SO, FT. LOT/ PEDERSEN AUTO PLAZA 6'OF SUUD/NS/W ZND EWW W 10 I awl,Af3z /BED AT REC/7LL'4�1O31/ L4,, \\\ L \ W N N o 517L11hAf23'r 6t28VER O� LOT/ 0 0 !7 o N 2 N 89'54'45' W 1005.65' S 1/4 CORNER "-----•-----•-------'-----'-'-'-'---'--�f"--e 35-7-69 HARMONY ROAD SE CORNER 35-7-69 Course Dearing Distance Ll N O1'03'52' E 638,78' L2 S 89'49'11' E 5,00' L3 S 01.03'52' W 638.77' L4 N 89.55'32' W 5.00' THIS SKETCH AND THE AREAS L5 S 89'49'11' E 20.00' SHOWN DEPICT THE ATTACHED L6 S O1'03'52' W 638,73' PROPERTY OESCRIPTION ONLY,AND 00 NOT REPRESENT A L7 N 89'55'32' W 20,00' MONUMENTED BOUNDARY SURVEY. K\SURV\PROJ\TRANSERV\BRT\ROW Exhibit 'B" Page 1 of 3. DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON. THE DEMARCO HOLDINGS . LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the southeast quarter 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 Lot 1 of the plat of Highline Autos 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 south line of the southeast quarter of the said Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3. 25" Aluminum Cap Monument at the south quarter corner of Section 35, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the, east right of way of the BNSF Railway; . THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1169. 68 feet to the southwest corner of the said Lot 1 of the Highline Autos P.U. D. and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 201 . 02 feet to the northwest corner of the said Lot 1; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 5. 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 201. 02 feet to the south line of the said Lot 1; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 5 . 00 feet to the point of beginning. Containing 1, 005 square feet more or 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. �,%%%00n 14°1°gn�ris .�, Gt CRAIG g WALLACE C. MUSCOTT COLORADO P.L. S. 17497 pP�:��p�6G.�ST� roy.�s�o� P.O. BOX 580 FORT COLLINS, CO 80522 /C -- —77497 SURVE-(G.•' ''s�"Z Ao d8 o%0��9�0 Exhibit "B" Page 2 of 3; DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE DEMARCO HOLDINGS. LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the southeast quarter 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 Lot 1 of the plat of Highline Autos 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 south line of the southeast quarter of the said Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" Aluminum Cap Monument at the south quarter corner of Section 35, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1169. 68 feet to the southwest corner of the said Lot 1 of the Highline Autos P. U. D. ; THENCE along the south line of the said Lot 1, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 201 . 02 feet to the north line of the said Lot 1; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 20 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 201. 02 feet to the said south line of Lot 1; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 20 . 00 feet to the point of beginning. Containing 4, 020 square feet more or 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 previous10111ifi%grded plats and deeds and not upon a actual field survey.a�o�eN� pECRA/G r*�o Al ..•PEo�srE9�O Gsc in WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 1 497 �N ': t 0m eloa-°°',�`' Exhibit "B" Page 3 of 3 LOCATION SKETCH DEMARCO HOLDINGS , LLC PROPOSED TEMP. CONST. ESM'T. 4,020 S0. FT, W L2 L5 L7 O I� C ° JPROPOSED -3 SLOPE AND I I D UTILITY E FT. 2g LOT> 1,005 SD. FT. J IJ IIJ I Z H/GHL/NE AUTOS PUU I II L m 9 F' L L7 100' RAILWAY ROW W (U U'1 aO C ON o �D 0 Z �N 89°54'45' W 1005.6589°54'45' W 1005.65' S 1/4 CORNER f� 35-7-69 HARMONY ROAD SE CORNER 35-7-69 Course Bearing Distance Ll N 01003'52' E 201,02, L2 S 89'49'11' E 5.00' L3 S 01'03'52' W 201.02' N L4 N 89'49'11' W 5.00' L5 S 89649'11' E 20,00, L6 S 01'03'52' W 201.02' L7 N 89649'11' W 20.00' SHOWN DEPICT NTH E ATTACNHED OCTOBER 16, 2009 PROPERTY DESCRIPTION ONLY, N TS AND DO NOT REPRESENT A _MONUMENTED BOUNDARY SURVEY. K\SURV\PROJ\TRANSERV\BRT\ROW , Exhibit "C" Page 1 of 4. DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED Oil THE MOWERY DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the southeast quarter 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 Lot 6 of the plat of Replat of Troutman P.U. D. Phase Two 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 35 as bearing North 89 degrees 54 minutes 45 seconds West . between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" Aluminum Cap Monument at the south quarter corner of Section 35, based upon G. P. S . observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1370. 70 feet to the southwest corner of the said Lot 6 of the Replat of Troutman P.U. D. Phase Two and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 212 . 13 feet to the northwest corner of the said Lot 6; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 212 . 13 feet to the south line of the said Lot 6; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 5. 00 feet to the point of beginning. Containing 1, 061 square feet more or 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 previo��e�� B°rL+%,rded plats and deeds and not upon a actual field surveye%4 x) ....s.... in WALLACE C. MUSCOTT COLORADO P.L.S. 17497 JJc' CsfGir�—T—' P.O. BOX 580 FORT COLLINS, CO 80522 17497 ''Ny�/o%lGe4 OF o"Oa ��yy Exhibit "C" Page 2 of 4; DESCRIPTION OF A TRACT OF LAND LOCATED ON THE MOWERY DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEEDED' TO THE CITY OF FORT COLLINS A Tract of land located in the southeast quarter of Section 35, Township 7 North Range 69 West of the Sixth Principal Meridian City of Fort Collins, Larimer County, Colorado, the said tract is also that certain tract of land as described in a Quit Claim Deed recorded February 2, 1999 at Reception No. 99009356 records of 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 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument, at the southeast corner and a 3. 25" Aluminum Cap Monument at the south quarter corner of Section 35, based upon G. P.S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1339. 15 feet to the south line of the said tract described at Reception No. 99009356, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 225 . 00 feet to the north line of the said tract described at Reception No. 99009356; 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 tract described at Reception No. 99009356; THENCE along the said west line, South 01 degrees 03 minutes 52 seconds West for a distance of 225. 00 feet to the said south line of the tract described at Reception No. 99009356; THENCE along the said south line, South 88 degrees 56 minutes 08 seconds East for a distance of 25. 00 feet to the point of beginning. Containing 5, 625 square feet more or 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 previ O111 corded plats and deeds and not upon a actual field surv\ee � GE�r !GG4,s�� �P..�•PEOISTggFO.�sLp�r WALLACE C. MUSCOTT COLORADO P.L. S. 17497 � /✓ — P.O. BOX 580 FORT COLLINS, CO • 80522 E 17497 P OF lOCOiouo%"` Exhibit "C" Page 3 of 4 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE' MOWERY DEVELOPMENT, ,LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS , A Temporary Construction Easement located in the southeast quarter 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 Lot 6 of the plat of Replat of Troutman P.U. D. Phase Two 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 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" Brass Cap Monument at the southeast corner and a 3 . 25" Aluminum Cap Monument at the south quarter corner of Section 35, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 35; THENCE along the south line of the southeast quarter of the said Section 35, North 89 degrees 54 minutes 45 seconds West for a distance of 1005. 65 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 03 minutes 52 seconds East for a distance of 1370. 70 feet to the southwest corner of the said Lot 6 of the Replat of Troutman P.U. D. Phase Two; THENCE along the south line of the said Lot 6, South 89 degrees 49 minutes 11 seconds East for a distance of 5 . 00 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, North 01 degrees 03 minutes 52 seconds East for a distance of 212 . 13 feet to the north line of the said Lot 6; THENCE along the said north line, South 89 degrees 49 minutes 11 seconds East for a distance of 20 . 00 feet; THENCE leaving the said north line, South 01 degrees 03 minutes 52 seconds West for a distance of 212 . 13 feet to the said south line of Lot 6; THENCE along the said south line, North 89 degrees 49 minutes 11 seconds West for a distance of 20 . 00 feet to the point of beginning. Containing 4, 243 square feet more or 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 knowl� 0011'fNief and opinion. The description is based upon previ*%\x ,, plats and deeds and not upon a actual field survey,%* ;• aE�isrRA�,%scoi WALLACE C. MUSCOTT COLORADO P.L. S. 17497 ,y ; 17497 P.O. BOX 580 FORT COLLINS, CO 80522 OR O°IO'OP�O�a` a ahwi "ell Page 4 of 4 LOCATION SKETCH MOWER' DEVELOPMENT, LLC 100' RAILWAY ROW L6 L9 L2ry AL[Y3S ESI/l. II PROPOSED I II -i TRACT TD BE I = L➢EEDED TO CITY LOT 6 5,625 SD. FT. I REPGOT OF TiFYJ(/R,lgiy 3 P(/O Pfd/SE mycl I D L7 z J � UAUJYAM) ACCESS tSNT J I I I 70 PROOSEDI (I TEMPPCONST.ES Tl I ( 4, A 243MS0. FT. PROPOSED SLOPE ND — — u UTILITY E FT. 1,061 SD. F7. \ �ry,µy ACCESS ESu/ L8 LiR 1 L4 \S0111-17 CST CORNER w N o LOT 6 n In O o In O Z p� N 89'54'45' W 1005.65' / A S 1/4 /CORNER HARMONY ROAD SE CORNER 35-7-69 35-7-69 Course Bearing Distance Ll N 01*03'52' E 225,00' L2 N 88'56'08' W 25.00' L3 S 01*03'52' W 225.00' L4 S 88056'08' E 25.00' L5 N 01*03'52' E 21213' L6. S 89°49'11' E 5.00' L7 S 01003'52' W 212.13' LB N 89°49'11' W 5.00' N L9 S 89°49'11' E 20,00' L10 S 01°03'52' W 212.13' L11 N 89.49'11' W 20.00' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY NOT REPRREESEENTON °A OCTOBER 16, 2009 MONUMENTED BOUNDARY SURVEY. NTS K\SURV\PROJ\TRANSERV\BRT\ROW - Exhibit "D" Page 1 of 5, DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE PJM7, LLC, A COLORADO LIMITED LIABILITY CORPORATION PROPERTY TO- BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the northeast quarter 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 Lot 3 of the plat of Fox Shopping Center Subdivision a plat of record with the Clerk and Recorder of the said Larimer County, the said easement is also located in that certain tract of land as described in a Warranty Deed recorded May 13, 2008 at Reception No. 20080030400 records of the said clerk and recorder, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 23 as bearing North 89 degrees 21 minutes 45 seconds West between a 3. 25" Aluminum Cap Monument at the northeast corner and a 2 . 5" Aluminum Cap Monument at the north quarter corner of Section 23, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 23; THENCE along the north line of the northeast quarter of the said Section 23, North 89 degrees 21 minutes 45 seconds West for a distance of 522 . 91 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 00 degrees 11 minutes 19 seconds West for a distance of 464 . 01 feet to the south line of the said tract described at Reception No. 20080030400; THENCE along the said south line, South 89 degrees 59 minutes 45 seconds East for a distance of 2 . 60 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south line, South 89 degrees 59 minutes 45 seconds East fora distance of 37 . 40 feet; THENCE leaving the said south line, North 00 degrees 11 minutes 19 seconds East for a distance of 42 . 81 feet; THENCE North 89 degrees 58 minutes 48 seconds West for a distance of 37 . 57 feet; THENCE South 00 degrees 02 minutes 30 seconds East for a distance of 42 . 82 feet to the point of beginning. Containing 1, 605 square feet more or 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 Page 1 of 2 Exhibit "D" Page 2 of 5 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 voP00611f968P106ggp�o �pE SR41G s�o £ qF'• 'r 17497 o gT��•SUpNe�D e' +o Page 2 of 2 Exhibit "D" Page 3 of 5 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE PJM7, LLC, A COLORADO LIMITED LIABILITY CORPORATION PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the northeast quarter 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 Lot 3 of the plat of Fox Shopping Center Subdivision a plat of record with the Clerk and Recorder of the said Larimer County, the said easement is also located in that certain tract of land as described in a Warranty Deed recorded May 13, 2008 at Reception No. 20080030400 records of the said clerk and recorder, being more particularly described as follows; Considering the north line of the northeast quarter of the said Section 23 as bearing North 89 degrees 21 minutes 45 seconds West between a 3 . 25" Aluminum Cap Monument at the northeast corner and a 2 . 5" Aluminum Cap Monument at the north quarter corner of Section 23, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 23; THENCE along the north line of the northeast quarter of the said Section 23, North 89 degrees 21 minutes 45 seconds West for a distance of 522 . 91 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 00 degrees 11 minutes 19 seconds West for a distance of 220. 01 feet to the north line of the said tract described at Reception No. 20080030400 and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said BNSF Railway right of way, and along the west line of the said tract, South 00 degrees 11 minutes 19 seconds West for a distance of 244 . 00 feet to the south line of the said tract described at Reception No. 20080030400; THENCE along the said south line, South 89 degrees 59 minutes 45 seconds East for a distance of 2 . 60 feet; THENCE leaving the said south line, North 00 degrees 02 minutes 30 seconds West for a distance of 174 . 31 feet; THENCE North 89 degrees 57 minutes 30 seconds East for a distance of 1 . 95 feet; THENCE North 00 degrees 04 minutes 14 seconds East for a distance of 69 . 65 feet to the said north line of the tract described at Reception No. 20080030400; THENCE along the said north line, North 89 degrees 21 minutes 45 seconds West for a distance. of 3 . 71 feet to the point of beginning. Containing 655 square feet more or less . Page 1 of . 2 Exhibit "D" Page 4 of 5; .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 ��aH�aumn«e>iI CRA/g s PEgISTFH'Gsw or. a`a Page 2 of 2 • n n LOCATION SKETCH PJM7, LLC, A COLORADO LIMITED LIABILITY COMPANY PROSPECT ROAD N 89'21'45' W 522.91, N 1/4 CORNER 23-7-69 NE CORNER 23-7-69 J L7 j (OT J J FOX SNOPP/M;CENIE? Saeammy PROPOSED L5 SLOPE AND 651LTY 51 SO. FT. c(1/BEp04p0 m �� pOpB (U z J v r J LS EX/ST EASE,iIENT PER R,�1006'0051365 L10 J I� PROPOSED LE TE ESMCONST. L3 605 S0. FT. 100'RNLWAY ROW II LOT 3 FO.Y S/R7PP/hL•CENTER sueon�rsroN Course Dearing Distance Ll S 00,11,19, W 220.01' L2 S 00,11,19, W 244.00' L3 S 89.59'45' E 2.60' L4 N 00'02'30' W 174.31' L5 N 89'57'30' E 1.95' L6 N 00'04'14' E 69.65' L7 N 89'21'45' W 3,71' L8 S 89'S9'45 E 37.40' L9 N 00'11'19' E 42.81' N L10 N 89'58'48' W 37.57' LllI S 00'02'30' E 42.82' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED µD DONOT�REPRREESENT n`Y' OCTOBER 22, 2009 NONUNENTED BOUNDARY SURVEY. N TS K\SURV\PRa ERV�TRANS \BRT-\ROW Exhibit "E" Page l of 4 DESCRIPTION OF A PERMANENT SLOPE AND UTILITY EASEMENT LOCATED ON THE SHOPPES AT PROSPECT CONDOMINIUMS ASSOCIATION PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Slope and Utility Easement located in the northeast quarter 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 that certain tract of land as described in the Shoppes At Prospect Condominiums as recorded December 14, 2005 at Reception No. 20050106618 records of 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 23 as bearing North 89 degrees 21 minutes 45 seconds West between a 3. 25" Aluminum Cap Monument at the northeast corner and a 2. 5" Aluminum Cap Monument at the north quarter corner of Section 23, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 23; THENCE along the north line of the northeast quarter of the said Section 23, North 89 degrees 21 minutes 45 seconds West for a distance of 522 . 91 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 00 degrees 11 minutes 19 seconds .West for a distance of 30 . 00 feet to the north . line of the said tract described in the Shoppes At Prospect Condominiums, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east right of way and along the west line of the said tract described in the Shoppes At Prospect Condominiums, South 00 degrees 11 minutes 19 seconds West for a distance of 190 . 01 feet to the south line of the said tract; THENCE along the said south line, South 89 degrees .21 minutes 45 seconds East for a distance of 3. 57 feet; THENCE leaving the said south line, North 00 degrees 15 minutes 09 seconds East for a distance of 190 . 00 feet to the said north line of the tract described in the Shoppes At Prospect Condominiums; THENCE along the said north line, North 89 degrees 21 minutes 45 seconds West for a distance of 3. 78 feet to the point of beginning. Containing 698 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. Page 1 of 2 Exhibit "E Page 2 of 4. 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 C�RA/g.MUscpA�a ��..,,//))i i Page 2 of 2 Exhibit "E" Page 3 of 4 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE SHOPPES AT PROSPECT CONDOMINIUMS ASSOCIATION PROPERTY TO BE DEDICATtD TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the northeast quarter 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 that certain tract of land as described in the Shoppes At Prospect Condominiums as recorded December 14, 2005 at Reception No. 20050106618 records of 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 23 as bearing North 89 degrees 21 minutes 45 seconds West between a 3 . 25" Aluminum Cap Monument at the northeast corner and a 2 . 5" Aluminum Cap Monument at the north quarter corner of Section 23, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 23; THENCE along the north line of the northeast quarter of the said Section 23, North 89 degrees 21 minutes 45 seconds West for a distance of 522 . 91 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 00 degrees 11 minutes 19 seconds West for a distance of 30. 00 feet to the north line of the said tract described in the Shoppes At Prospect Condominiums; THENCE along the said north line, South 89 degrees 21 minutes 45 seconds East for a distance of 3. 78 feet to the' TRUE POINT OF BEGINNING of this description; THENCE leaving the said north line, South 00 degrees 15 minutes 09 seconds West for a distance of 14 . 61 feet; THENCE South 89 degrees 39 minutes 23 seconds East for a distance of 8 . 24 feet; THENCE North 00 degrees 11 minutes 19 seconds East for a distance of 14 . 57 feet to the said north line of the tract described in the Shoppes At Prospect Condominiums; THENCE along the said north line, North 89 degrees 21 minutes 45 seconds West for a distance of 8 . 22 feet to the point of beginning. Containing 120 square feet more or 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 knowle4 lief and opinion. The description is based upon previo, ( o d d plats and deeds and not upon a actual field survey.,°`P��.•PgGISTF,°°•o� WALLACE C. MUSCOTT COLORADO P. L. S. 17497 �'� a 17497 ° P.O. BOX 580 FORT COLLINS, CO 805224��/��a� , cn �iAq�• OSiuio�e d0 0 l iEOd OS V�a Exhibit "E" Page 4 of 4 LOCATION SKETCH SHOPPES AT PROSPECT CONDOMINIUMS, ASSOCIATION PROSPECT ROAD p� N 89.21'45' W 522.91' V / �e N 1/4 CORNER J NE CORNER 23-7-69 L5, L 9 23-7-69 L6FL7 N PROPOSED J SLOPE AND UTILITY ESMT. J698 SO, FT. HOPIPeE5 bill LOT 3 ftW SJ/A.P/4v CEMFR saaams" L3 IM'RM.WAY ROW II Course Bearing Distance L1 S 00011,19, W 30,00' L2 S 00011,19, W 190,01, L3 S 89°21'45' E 3.57' L4 N 00015'09' E 190.00' L5 N 89°21'45' W 3.78' L6 S 00`15'09' W 14.61' L7 S 89°39'23' E 8.24' L8 N 00°11'19' E 14.57' L9 N 89'21'45' W 8,22' N THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A OCTOBER 22, 2009 I/ONUMENTED BOUNDARY SURVEY. K\SURV\PRW\TRANSERV\BRT\ROW NITS 1 Exhibit "F" Page 1 of 3: Parcel 17—L Triple H B LP PROPERTY DESCRIPTION Slope&Utility Easement#1 A parcel of land for easement purposes,being a portion of Lot 2 of the Garth Commercial Plaza recorded June 6, 1980 in Book 2047,Page 857 as Reception No.364565 of the Records of Latimer County,situate in the Northeast Quarter(NE1/4)of Section Thirty-five(35),Township Seven North(T.7N.),Range Sixty-nine West(R.69W.), Sixth Principal Meridian(6°P.M.),City of Fort Collins,County of Larimer, State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 35 and considering the North line of the Northeast Quarter of the said Section 35 as bearing North 89°43'38" West between a 2-1/2" Aluminum Cap Monument at the Northeast comer and a 3"Aluminum Cap Monument at the South Quarter comer of Section 35, based upon G.P.S. observations and the City of Fort Collins coordinate system,and with all bearings contained herein relative thereto; THENCE North 89°43'38"West along the North line of the Northeast Quarter of said Section 35 a distance of 893.13 feet to the Easterly Right of Way line of the BNSF Railway; THENCE South 01°03'52"West along the Easterly Right of Way line of the BNSF Railway a distance of 2073.90 feet to the intersection of the North line of Lot 2 of the Garth Commercial Plaza and the Easterly Right of Way line of the BNSF Railway,said intersection being the POINT OF BEGINNING; THENCE South 89049'25"East along the North line of said Lot 2 a distance of 5.00 feet to a line parallel with and 5.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway; THENCE South 01'03'52"West along said parallel line a distance of 111.50 feet; THENCE North 89049'25"West a distance of 5.00 feet to the Easterly Right of Way line of the BNSF Railway; THENCE North 01'03'52"East along the Easterly Right of Way line of the BNSF Railway a distance of 111.50 feet to the North line of Lot 2 of the Garth Commercial Plaza and to the POINT OF BEGINNING. Said parcel contains 558 sq.ft.,more or less W,and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. O_ p0 REG�l C5 t 3�4995z�ca R St ••L ehalf of King Surveyors,Inc. Color d Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970) 686-5011 V:@009094EASEMENIS\PR0P DESC&CLO.PARCELS 15-28\17PE1 L TRIPLE H B LP 10-19-09.da :, Exhibit "F" Page 2 of 3: Parcel 17—L Triple H B LP PROPERTY DESCRIPTION Temporary Construction Easement#1 A parcel of land for temporary construction easement purposes,being a portion of Lot 2 of the Garth Commercial Plaza recorded June 6, 1980 in Book 2047,Page 857 as Reception No.364565 of the Records of Larimer County,situate in the Northeast Quarter(NEI14) of Section Thirty-five (35),Township Seven North(T.7N.),Range Sixty-nine West (R.69W.), Sixth Principal Meridian (6's P.M.),City of Fort Collins,County of Larimer,State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 35 and considering the North line of the Northeast Quarter of the said Section 35 as bearing North 89°43'38" West between a 2-1/2'. Aluminum Cap Monument at the Northeast comer and a 3"Aluminum Cap Monument at the South Quarter comer of Section 35, based upon G.P.S. observations and the City of Fort Collins coordinate system,and with all bearings contained herein relative thereto; THENCE North 89°43'38"West along the North line of the Northeast Quarter of said Section 35 a distance of 893.13 feet to the Easterly Right of Way line of the BNSF Railway; THENCE South 01'03'52"West along the Easterly Right of Way line of the BNSF Railway a distance of 2073.90 feet to the intersection of the North line of Lot 2 of the Garth Commercial Plaza and the Easterly Right of Way line of the BNSF Railway; THENCE South 89°49'25"East along the North line of said Lot 2 a distance of 5.00 feet to a line parallel with and 5.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway and to the POINT OF BEGINNING; THENCE South 89°49'25"East continuing along the North line of said Lot 2 a distance of 20.00 feet to a line parallel with and 25.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway THENCE South 01°03'52"West along said parallel line a distance of 111.50 feet; THENCE North 89049'25"West a distance of 20.00 feet to a line parallel with and 5.00 feet Easterly of,as measured at a right angle to the Easterly Right of Way line of the BNSF Railway; THENCE North 01°03'52"East along said parallel line a distance of 111.50 feet to the North line of Lot 2 of the Garth Commercial Plaza and to the POINT OF BEGINNING. Said parcel contains 2,230 sq.ft.,more or less (t),and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. O REG45, .... S �tiriJ A"Z rF9� 1 34999 Steve half of King Surveyors,Inc. Colorado Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970) 686-5011 V:\2009094EASEMENTS\PROP DESC&CLO.PARCELS 15-28\1 7TEl L TRIPLE H B LP 10-19-09.dm ,, Exhibit "F". Page 3 of 3 NORTH QUARTER CORNER NORTHEAST CORNER ,WESTHORSETOOTHROAD SECTION 35, T.7N., R.6S . ac _ SECTION 35, T.7N., R.89W. W POINT OF COMMENCEMENT N89'43'38_W (BASIS OF BEARING) 2844.94' 893.13' LOTI / SOLTHCOLLB'GE L4 ZVYBS7 kQa7SSUBDIT2£TON N I I I 717"ORARY I 1 I CONSTRUCTION N I I �—EASEMENT A2 �� M I• I I 2,309sq.ft. o y ICI la m I'rl I� LOTI GARTH 02AAMCG4LPLAZ4 W I,d 1: IQI Ip LINE TABLE Z INI I� LINE BEARING LENGTH SLOPE£d UTILITY I I I Lt N89'49'25'W 1 5,00' EASEMENTA2 f I I L2 1,189.49'25V I 7Q on' I- 1 I L3 S89'49'25'E 5.00' ��'�' I I I L4 S89'49'25•E 2000-. LS N89'49'25•W 5 00' L8 N89'49'25•W moo' POINT OF BEGINNING ) L I I L2 I UTIIJTY EASEMENT $1 AND U71UTY EASEMENT $2 I POINT OF BEGINNING SLOPE f, UTILITY I TEMPORARY CONSTRUCTION f I I EASEMENT$1 AND TEMPORARY EASEMENT Nl �yI I I CONSTRUCTION EASEMENT#2 558sq'n' I I Il o lol to LOT2 �1 N� INI f°N 6'ARTHCi2A f k 9 RCIALPLAZ4 IMI 11., � Q o z iNl 1N c' n I I TEMPORARY LOTS CONSTRUCTION ci eTHc�o PLAZA 1 I I EASEMEW#1 ` LL6 J 2-230 sq.ff, 20'ACCESS EASEMENT O REC NO. 96076KW N7 I I --_— I------ ?4'ACCESS EASEMENT ---f— -- 4 I I I /7EC NO. 97008176 1----------- ----- I o T I LOTS G4R2VC0A0MCr LPLAZA f� i34995 NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a graphic representation to aid in the visualization of Steve ehalf of King Surveyor;, Inc. the written property description which it accompanies. Call o ad rofessional The written property description supersedes the Land Surveyor 34995 exhibit drawing. KING SURVEYORS, INC. PROJECT NC:2009094 650 R Garden Dzive I Wwdsor,Colorado 80550 DATE:6/9/09 phone (970)686 50f 1 I fsz(970)686-5821 CLIENT:INTERWEST DWG:2009094EXHT15-28 I DRAWN:CSK CHECKED:SAL i