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HomeMy WebLinkAbout129 - 10/18/2011 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PU ORDINANCE NO. 129, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project")is scheduled for construction in 2012; 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"N", 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 owners of the Properties; 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 of the 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 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 Properties for the City by eminent domain. Section 3. The City Council hereby finds that, if acquisition by eminent domain is commenced, immediate possession of the Properties will be necessary.for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 4th day of October, A.D. 2011, and to be presented for final passage on the 18th day of October, A.D. 2011. e MayoATTEST: Chief Deputy City Clerk Passed and adopted on final reading on the 18th day of October, A.D. 2011. yor ATTEST: F FORT �EAL ;N City Clerk •' C 0 OC ORA0 Exhibit "A" Page 1 of 5 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE BIG D PROPERTIES, A CO-PARTNERSHIP PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the southeast auarter 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 plat of Poudre Valley Motors, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line of the said southeast quarter of Section 26 as bearing South 00 degrees 22 minutes 01 seconds West between a 3" Aluminum Cap Monument, PLS 20123, at the east quarter corner and a 2 . 5" Aluminum Cap Monument, PLS 14823, at the southeast corner of Section 26, 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 said east quarter corner of Section. 26; THENCE along the north line of the southeast quarter of the said Section 26, North 89 degrees 37 minutes 04 seconds West for a distance of 50 . 00 feet; THENCE leaving the said north line, South 00 degrees 22 minutes 01 seconds West for a distance of 75 . 00 feet to the easterly extension of the northerly line of the said plat of Poudre Valley Motors; THENCE along the said extended line and along the said northerly line of Poudre Valley Motors, North 89 degrees 39 minutes 59 seconds West for a distance of 450 . 00 feet; THENCE continuing along the said northerly line, South 64 degrees 42 minutes 41 seconds West for a distance of 281 . 30 feet to the easterly right of way of • McClelland Drive (previously named Mason Street) as shown on the said plat of Poudre Valley Motors; THENCE along the said easterly right of way, along a non- tangent curve to the left having a radius of 6416.26 feet a central angle of 00 degrees 25 minutes 38 seconds and an arc length of 47 . 86 feet, being subtended by a chord of South 04 degrees 02 minutes 54 seconds West for a distance of 47 . 86 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said easterly right of way, along a curve to the left having a radius of 6416. 26 feet central angle of 00 degrees 16 minutes 06 .seconds and an arc length of 30 . 05 feet, being subtended by a chord of South 03 degrees 42 minutes 01 seconds West for a distance of 30 . 05 feet; THENCE leaving the said easterly right of way, non-tangent from the previous curve, South 86 degrees 26 minutes 02 seconds East for a distance of 9 . 53 feet; Page 1 of 2 Exhibit "A" Page 2 of 5 THENCE South 01 degrees 10 minutes 33 seconds West for a distance of 62 . 02 feet.; THENCE North 86 degrees 59 minutes 18 seconds West for a distance of 11. 82 feet to the said easterly right of way; THENCE along the said easterly right of way, along a non- tangent curve to the left having a radius of 6416. 26 feet central angle of 00 degrees 16 minutes 05 seconds and an arc length of 30 . 03 feet, being subtended by a chord of South 02 degrees 52 minutes 40 seconds West for a distance of 30 . 03 feet; THENCE leaving the said easterly right , of way, non-tangent from the previous curve, South 87 degrees 15 minutes 23 seconds East for .a distance of 24 . 00 feet; THENCE along a non-tangent curve to the right having a radius of 6392 . 26 feet central angle of 01 degrees 05 minutes 27 seconds and an arc length of 121 . 70 feet, being subtended by a chord of Norte: 03 degrees 17 minutes 21 seconds East for a distance of 121. 70 feet; THENCE non-tangent from the previous curve, North 86 degrees 09 minutes 56 seconds West for a distance of 24 . 00 feet to the point of beginning. Containing 2, 261 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. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 ,4�`�a®9eaia4esa�gs®yd�ae "'Q�' •APE�Tg`�`�O�sC0 17497 rSUFNS Q�Q OF C0'6-0e+a%7 °`�'fasascra:aaaaeee�" Page 2 of 2 Exhibit "A" Page 3 of 5 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE BIG D PROPERTIES, A CO-PARTNERSHIP PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A tract of land located in the southeast quarter of Section 26, Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, La-rimer County, Colorado, the said easement is also located in the plat of Poudre Valley Motors, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line of the said southeast quarter of Section 26 as bearing South 00 degrees 22. minutes 01 seconds West between a 3" Aluminum Cap Monument, PLS 20123, at the east quarter corner and a 2 . 5" Aluminum Cap Monument, PLS 14823, at the southeast corner of Section 26, 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 said east quarter corner of Section 26; THENCE along the north line of the southeast quarter of the said Section 26, North 89 degrees 37 minutes 04 seconds West for a distance of 50 . 00 feet; THENCE leaving the said north line, South 00 degrees 22 minutes 01 seconds West for a distance of 75 . 00 feet to the easterly extension of the northerly line of the said plat of Poudre 4 Valley Motors; THENCE along the said extended . line and along the said northerly line of Poudre Valley Motors, North 89 degrees 39 minutes 59 seconds West for a distance of 450 . 00 feet; THENCE continuing along the said northerly line, South 64 degrees 42 minutes 41 seconds West for a distance of 281 . 30 feet to the easterly right of way of McClelland Drive (previously named Mason Street) as shown on the said plat of Poudre Valley Motors; THENCE along the said easterly right of way, along a non- tangent curve to the left having a radius of 6416. 26 feet a central angle of 00 degrees 41 minutes 45 seconds and an arc length of 77 . 91 feet, being subtended by a chord of South 03 degrees 54 minutes 51 seconds West for a distance of 77 . 91 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the .said easterly right of way, along a curve to the left having a radius of 6416. 26 feet a central angle of 00 degrees 33 minutes 16 seconds and an arc length of 62 . 08 feet, being subtended by a chord 'of South 03 degrees 17 minutes 20 seconds West for a distance of 62 .08 feet; THENCE leaving the said easterly right of way, nor.-tangent from the previous curve, South 86 degrees 59 minutes 18 seconds East for a distance of 11. 82 feet; THENCE North 01 degrees 10 minutes 33 seconds East for a Page 1 of 2 Exhibit "A" Page 4 of 5 distance of 62 . 02 feet; THENCE North 86 degrees 26 minutes 02 seconds West for a distance of 9 . 53 . feet to the point of beginning. Containing 665 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. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 %",X GRAlG°MU o0 P . VI • ati H O f C eta `' 17497 BOF [7C 9O Poea Page 2 of 2 EXHIBIT A E 1/4 CORNER 26-7-69 AuORry urvE OF L 1 POUORE[S4CLEY AlOTORS i (U J w Li L3 z w L� Q w LD w U J J 0 U L8. . . P�1 or ALPROPOSED L"U �E� TRACT TO BE U F0 0fo DEEDE665 SQ. FT. L5 Li F-, r� L6 . . . Q PROPOSED z TEMP, CONST. ,": ESM'T, Q U . . . . 2,261 SO. FT. J w L7 J U U 2- Course Bearing Distance Curve Radius Length Delta L1 N 89°37'04' W 50,00' C1 6416.26' 47,86' 0*25138' L2 S 00°22'01' W 75,00' C2 6416.26' 30,05' 0°16'06' L3 N 89*39159' W 450.00' C3 6416,26' 62,08' 0°33'16' L4 S 64'42'41' W 281,30' C4 6416,26' 30.03' 0°16'05' L5 S 86°26'02' E 9,53' C5 6392,26' 121.70' 1005'27' L6 N 86'59'18' W 11.82' L7 S 87"15'23' E 24,00' L8 N 86°09'56' W 24,00' . N L9 N 01°10'33' E 62,02' Exhibit "B" Page 1 of 2 DESCRIPTION OF A TEMPORARY CONS^_RUCTION EASEMENT TO BE ACQUIRED FROM MOS, A COLORADO LIMITED LIABILITY COMPANY A Temporary Construction Easement located in the southeast quarter Section 11 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 Lots 22, 23, and 24 of Block 112 of the Original Plat of the Town of Fort Collins, 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 February 19, 1993 at Reception No. 93010281, records of the said Clerk and Recorder, being more particularly described as follows; The West 20 . 40 feet of the South 45 . 30 feet of the said Lot 22 TOGETHER WITH: The West 20 . 40 feet of the said Lot 23 FURTHER TOGETHER WITH: The West 20 . 40 feet of the North 14 . 70 feet of the said Lot 24 Containing a total of 2, 244 square feet more or less . The above described easement 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 VPGEC'RA/6M��!���a .- SGkSTeR 17497 �+ SN a (L`/�O / )/ ;J I 4 Leo V � 0 fi90793 Page 1 of 1 EXHIBIT B N W _ 13 ' JUNE 7, 2011 NTS 1 z o o i WEST 155' OF LOT 21 BLOCK 112 G 0 20,40' 1 WEST 142.5' OF LOT 22 ' ;o BLOCK 112 M !Ifj I r PROPOSED WEST 142.5' OF LOT 23 110.0' X 20.4' BLOCK 112 TEMP, C❑NST, ESM'T. 2,244 SO. FT. - - o Y� 20.40' WEST 142.5' OF LOT 24 BLOCK 112 1 1 ❑LIVE ST, (100 ' ROW) 1 Exhibit "C" Page 9 of 2 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED FROM JERRY KING AKA JERRY H. LIPPSON A Temporary Construction Easement located in the northeast quarter Section 14 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 Block 105 of the Harrison' s Addition to the Town of Fort Collins, 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 February 26, 1992 at Reception No. 92009703, records of the said Clerk and Recorder, being more particularly described as follows; The East 8 . 10 feet of the South 103 . 20 feet of the north 119 . 60 feet of the said Lot 3 Block 105. Containing 836 square feet more or less . The above described easement 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 eae99aaAaddaa. e��C,.Q''��jtSTERg�•.4FMI ea��r�; C f:l l' � d 4 °E3BBi p d d 119 91999�0�� Page 1 of 1 EXHIBIT "C" N i I JUNE 9, 2011 NTS I I MULBERRY ST. (100 ' ROW) NORTHEAST CORNER �OF LOT 3 BLOCK 105 I� o PROPOSED I rNi 6.10' X 103.20' TEMP. C❑NST. M ESM'T, 10 0 0 836 SQ, FT. J p 0 G o z Oz ^ N aNO � 47 m 2 I 8.10'I I I W i � 3 I _ , . J ~ E::] Exhibit "D" Page 1 of 2 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED FROM ABS 1 LLC, A COLORADO LIMITED LIABILITY CO. A Temporary Construction Easement located in the northeast quarter Section 14 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 and a portion of the vacated alley all located in Block 106 of the Harrison' s Addition to the Town of Fort Collins, 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 March 9, 2006 at Reception No. 20060017151 records of the said Clerk and Recorder, being more particularly described as follows; The East 8 . 00 feet of the South 22 . 40 feet said tract described at Reception No. 20060017151. Containing 179 square feet more or less . The above described easement 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 oevase�e�s"asrraa°°g° P.O. BOX 580 FORT COLLINS, CO 80522 a�>>® pGE,C .4f&�✓rr QV •• cGISiE'q••. SC`s. '.•.le rh��/ ' ti S� -T SUR1154pcv ��s TF••. ......• Pq.ae.�a ' otrtet to`o,o Page 1 of 1 A COLORADO LIMITED . LIABILITY CO . EXHIBIT "D" N JUNE 9, 2011 NTS TRACT DESCRIBED AT I PROPOSED RECEPTION NO. 22.4' X 8.0' 20060017151 I TEMP, CONST. 8.00 ESM'T. ;- 1 179 SQ, FT. N N SOUTHEAST CORNER OF LOT 3 BLOCK 106 VACATED ALLEY I I I � I W ^ I 06 ry 3 Bv0G z o I 0 0 1 I I I I I I Al IRFI CTRF FT Exhibit "E" Page 1 of 2 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED FROM CSA 1 LLC, A COLORADO LIMITED LIABILITY CO. A Temporary Construction Easement located in the northeast quarter Section 14 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 and a. portion of the vacated alley all located in Block 106 of the Earrison' s Addition to the Town of Fort Collins, 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 March 9, 2006 at Reception No. 20060017148 records of the said Clerk and Recorder, being more particularly described as follows; The East 8 . 00 feet of the said tract described at Reception No. 20060017148 . Containing 480 square feet more or less . The above described easement 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 `91ygBl9BlS9igp�� 0e`�o®® ...r.....a6�, • O c7.'^ BE n 17497 ems' JR .NOS FN •" C'r . �4 ) .... Foa`;• s�'6,�d1SdO B BCO4O�`6y Page 1 of 1 A COLORADO LIMITED LIABILITY CO . EXHIBIT "E" N JUNE 9, 2011 NTS 1 VACATED ALLEY NORTHEAST CORNER OF LOT 1 BLOCK 106 I _ I TRACT DESCRIBED AT o 1 RECEPTION NO. o 20060017148 PROPOSED 60.0' X 8.0' 1 TEMP. C❑NST. 8.00'1 ESM'T. 480 SQ. FT. I I / 106 I I 01 I I z o � o I Al ID 71 TED T Exhibit 7" Page 1 of 2 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED FROM KULL REAL ESTATE INVESTMENTS, LLC A Temporary Construction Easement located in the northeast quarter Section 14 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 Block 106 of the Harrison' s Addition to the Town of Fort Collins, 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 August 17, 1999 at Reception No. 99073422, records of the said Clerk and Recorder, being more particularly described as follows; The East 8 . 00 feet of the North 47 . 30 feet of the said tract described at Reception No. 99073422 . Containing 378 square feet more or less . The above described easement 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 `iee`d�Q��e�saasa¢;�;9d �� ?a� ao e��CRA1Di %s�q �A1u voJ, O�188C ;O��+' t Page 1 of 1 EXHIBIT N JUNE 9, 2011 NTS � I VACATED ALLEY l l I I I I I 8.00, ZR PA TRACT DESCRIBED AT r) RECEPTION NO. c PROPOSED 99073422 47,3' X 8.0' TEMP, C❑NST. ESM'T. 378 SO, FT. 1 Lei _ OGr I � 3 I E-1 l � r z o 1 D o I LAUREL STREET THIS SKETCH AND THE AREAS Exhibit "G" Page 9 of 6 DESCRIPTION OF P TRACT OF LAND LOCATED ON THE BANKCENTER GROUP, LLC PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A tract of land located in the northeast quarter of Section 23, Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, La-rimer County, Colorado, the said tract is also located in that certain_ tract of land described in a Bargain and Sale Deed recorded February 6, 2001 at Reception No. 2001008514 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the northeast quarter of the said Section 23 as bearing North 89 degrees 22 minutes 14 seconds West between a 2 . 5" Aluminum Cap Monument at the east quarter corner and a 2 . 5" Aluminum Cap Monument at the center 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 east quarter corner of the said Section 23; THENCE along the south line of the northeast quarter of the said Section 23, North 89 degrees 22 minutes 14 seconds West for a distance of 687 . 79 feet to the easterly line of that certain tract of land described in a Deed recorded July 15, 2010 at Reception No. 20100040563 records of the said Clerk and Recorder; THENCE along the said easterly line, North 06 degrees 17 minutes 43 seconds East for a distance of 130 . 80 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said easterly line, North 06 degrees 47 minutes 37 seconds East for a distance of 93 . 38 feet to the north line of the said tract described at Reception No. 2001008514; THENCE along the said north line, North 89 degrees 23 minutes 41 seconds West for a distance of 35. 67 feet to the west line of the said tract described at Reception No. 2001008514; THENCE along the said west line, South 06 degrees 29 minutes 53 seconds West for a distance of 89 . 72 feet to the north line of the said tract described at Reception No. 20100040563; THENCE along the said north line, South 83 degrees 30 minutes 07 seconds East for a distance of 35 . 00 feet to the point of . beginning. Containing 3, 226 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 previouslx recorded plats and deeds and not upon a actual field surveya. ,%%% tE9CA/G��'��o' WALLACE C. MUSCOTT COLORADO P.L. S . 17497 S7FgFosnt-- P.O. BOX 580 FORT COLLINS, CO 80522 -_ :_• rwl ulo ,^ • A pew,�>0� 0�COtOgao°�' Exhibit "G" Page 2 of 6 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE BANKCENTER GROUP, LLC 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 that certain tract of land described in a Bargain and Sale Deed recorded February 6, 2001 at Reception No. 2001008514 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the northeast quarter of the said Section 23 as bearing North 89 degrees 22 minutes 14 seconds West between a 2 . 5" Aluminum Cap Monument at the east quarter corner and a 2 . 5" Aluminum Cap Monument at the center 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 east quarter corner of the said Section 23; THENCE along the south line of the northeast quarter of the said Section 23, North 89 degrees 22 minutes 14 seconds West for a distance of 634 . 05 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south line, North 89 degrees 22 minutes 14 seconds West for a distance of 14 . 00 feet to the east line of an existing Temporary Construction Easement as granted to the said City of Fort Collins July 15, 2010. at Reception No. 20100040565 records. of the said Clerk and Recorder; THENCE along the said east line, North 06 degrees 29 minutes 53 seconds East for a distance of 44 . 96 feet; THENCE continuing along the said east line, North 83 degrees 30 minutes 07 seconds West for a distance of 25 . 00 feet; THENCE continuing along the said east line, North 06 degrees 29 minutes 53 seconds East for a distance of 176. 6S feet to the north line of the said tract described at Reception No. 2001006514; THENCE along the said north line, South 89 degrees 23 minutes 41 seconds East for a distance of 135 . 88 feet; THENCE leaving the said north line, South 00 degrees 36 minutes 19 seconds West for a distance of 73 . 92 feet; THENCE North 89 degrees 36 minutes 38 seconds West for a distance of 127 . 69 feet; THENCE South 00 degrees 01 minutes 51 seconds West for a distance of 21 . 76 feet; THENCE North 89 degrees 58 minutes 09 seconds West for a distance of 9. 04 feet.- THENCE South 00 degrees 22 minutes 51 seconds West for a distance of 72 . 96 feet; THENCE along a curve to the left having a radius of 7 . 50 feet a central angle of 89 degrees 26 minutes 20 seconds and an arc Page 1 of 2 Exhibit "G" Page 3 of 6 length of 11 . 71 feet,. being subtended by a chord of outh 44 degrees 20 minutes 19 seconds East for a distance of 10 . 55 feet; THENCE South 89 degrees 03 minutes 29 seconds East for a distance of 8 . 55 feet; THENCE South 00 degrees 02 minutes 28 seconds West for a distance of 46. 30 feet to the point of beginning. Containing 12, 379 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. WALLACE C. MJSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 `aee��aGt�cC'RAlg� '09��� s Q••e y W _ C 17497 6 2-Of Page 2 of 2 Exhibit "G" Page 4 of 6 DESCRIPTION OF AN AREA OF SHARED PARKING LOCATED ON THE BANKCENTER GROUP, LLC PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS An area of Shared Parking 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 area is also located in that certain tract of land described in a Bargain and Sale Deed recorded February 6, 2001 at Reception_ No. 2001008514 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the northeast quarter of the said Section 23 as bearing North 89 degrees 22 minutes 14 seconds West between a 2 . 5" Aluminum Cap Monument at the east quarter corner and a 2 . 5" Aluminum Cap Monument 'at the center 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 east quarter corner of the said Section 23; THENCE along the south line of the northeast quarter of the said Section 23, North 89 degrees 22 minutes 14 seconds West for a distance of 723 . 44 feet to the west line of the said tract described at Reception No. 2001008514; THENCE along the west line, North 06 degrees 29 minutes 53 seconds East for a distance of 224 . 17 feet to the north line of the said tract described at Reception No. 2001008514; THENCE along the said north line, South 89 degrees 23 minutes 41 seconds East for a distance of 61 . 92 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said north line, South 89 degrees 23 minutes 41 seconds East for a distance of 119. 23 feet; THENCE leaving the said north line, South 00 degrees 36 minutes 19 seconds West for a distance of 2,0 . 00 feet; THENCE North 89 degrees 23 minutes 41 seconds West for a distance of 147 . 64 feet to the east line of the proposed tract of land to be deeded to the said City of Fort Collins; THENCE along the said proposed line, North 06 degrees 47 minutes 37 seconds East for a distance of 10 . 06 feet,- THENCE leaving the said proposed line, South 89 decrees 23 minutes 41 seconds East for a distance of 27 . 33 feet,- THENCE North 00 degrees 36 minutes 19 seconds East for a distance of 10 . 00 feet to the point of beginning. Containing 2, 663 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 Page 1 of 2 Exhibit "G" Page 5 of 6 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/� �e�> ��P,......... �h7&�s 174.97 — iN�9 ���sURVE'��PP• Page 2 of 2 EXHIBIT "G" PROPOSED TRACT TO BE- DEEDED TO CITY 4,673 SQ. FT. PROPOSED SHARED PARKING EXISTING TRASH ENCLOSURE 2,663 SQ. FT, K GJ�o� I ' • . I. k}�F I i Q I I I I I I L00 o EXISTING BUILDING o � o I o � (V N PROPOSED a TEMP. C❑NST, w v al m ESM'T. I Z 12,379 SQ. FT, Go W O W w w o N cn z U a- U a � o W I EXISTING UTILITY EASEMENT E 1/4 CORNER 23-7-69 Sly CORNED LOT 3 B4V,r ENTER SOl/,9IFE F/!'ST F/LING N Exhibit "H" Page 1 of 3 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE JAMES P. AND ANN WATTERSON PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A Tract of Land 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 tract is also located in that certain tract of land described in a Special Warranty Deed recorded November 29, 2001 at Reception No. 2001108083 (Parcel I and Parcel II) records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the northeast quarter of the said Section 23 as /bearing North 89 degrees 22 minutes 14 seconds West between a 2 . 5" Aluminum Cap Monument at the east quarter corner and a 2 . 5" Aluminum Can Monument at the center 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 east quarter corner of the said Section 23; THENCE along the south line of the northeast quarter of the said Section 23, North 89 degrees 22 minutes 14 seconds West for a distance of 723 . 44 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 0,6 degrees 29 minutes 53 seconds East for a distance of 224 . 17 feet to the south line of the said tract described at Reception No. 2001108083, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said south line, South 89 degrees 23 minutes 41 seconds East for a distance of 35. 67 feet; THENCE leaving the said south line, North 00 degrees 23 minutes 21 seconds East for a distance of 70 . 31 feet; THENCE along a non-tangent curve to the left having a radius of 21. 00 feet a central angle of 29 degrees 55 minutes 30 seconds and an arc length of 10 . 97 feet, being subtended by a chord of North 08 degrees 27 minutes 52 seconds West for a distance of 10. 84 feet; THENCE along a curve to the right having a radius of 19 . 00 feet a central angle of 23 degrees 14 minutes 45 seconds and an arc length of 7 . 71 feet, being subtended by a chord of North 11 degrees 48 minutes 15 seconds West for a distance of 7 . 66 feet; THENCE along a curve to the left having a radius of 152 . 33 feet a central angle of 18 degrees 52 minutes 08 seconds and an arc length of 50 . 17 feet, being subtended by a chord of North 09 degrees 36 minutes 57 seconds West for a distance of 49. 94 feet; THENCE along a non-tangent curve to the right having a radius Page 1 of 2 Exhibit "H" Page 2 of 3 of 32 . 40 feet a central angle of 59 degrees 27 minutes 41 seconds and an arc length of 33 . 62 feet, being subtended by a chord of North 06 degrees 16 minutes 34 seconds West for a distance of 32. 14 feet; THENCE non-tangent from the previous curve, North 06 degrees 29 minutes 53 seconds East for a distance of 66. 98 feet to the north line of the said tract described at Reception No. 2001108083; THENCE along the said north line, North 89 degrees 20 minutes 01 seconds West for a distance of 1 . 84 feet to the said east right of way of the BNSF Railway; THENCE along the said east right of way, South 06 degrees 29 minutes 53 seconds West for a distance of 237 . 43 feet to the point of beginning. Containing 3, 768 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. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 ��e�taelylelr�e� P.O. SOX 580 FORT COLLINS, CO 80522 ,,SCR/G' G���>✓ , Pam. AEOIST�r,�'�.otS'C� C .-. e 17497. �"��� O.P COO l Page 2 of 2 U/-'\IVILJ /1INV /-\I \A1V VV /-iI I CF\ JUIN EXHIBIT "H" EXIST/NG 15' UT/L/7Y EASEiL/ENT NOW77 L/NE!� 2OD7108089 I I u� o 0 I o I o EXISTING UTILITY ESMT. N PER R# 20100040560 � I a. I PROPOSED I w TRACT TO BE I DEEDED TO CITY o 3,768 SO, FT. , I a I 00 :..'..'.... ........... : . I wo .: ::: x RIBED o w Cr 0El p8083 m A Zp0 1 o Z I N • I W z .' . Li of S011171 L/NE/F 20011D8D8T EXISTING UTILITY ESMT. PER R# 20100040560 CENTER 1/4 CORNER E 1/4 CORNER 23-7-69 23-7-69 N Exhibit T' Page 1 of 3 DESCRIPTION OF THREE AREAS OF SHARED PARKING LOCATED ON THE BOWL FORT COLLINS, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS Three areas of shared parking located in the northeast quarter of Section 35, Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said areas are also located in that certain tract of land as described in a Quit Claim Deed recorded April 11, 2007 at Reception No. 20070027092 (Parcel B) 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 35 as bearing North 89 degrees 43 minutes 38 seconds West between a 2 . 5" Aluminum Cap Monument, PLS 14823, at the northeast corner and a 3" Aluminum Cap Monument, PLS 20123, at the north 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 northeast corner of the said Section 35; THENCE along the north line of the northeast quarter of the said Section 35, North 89 degrees 43 minutes 38 seconds West for a distance of 893 . 13 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, South 01 degrees 03 minutes 52 seconds West for a distance of 419. 90 feet to the southwest corner of the said tract described at Reception No . 20070027092; THENCE along the south line of the said tract described 'at Reception No. 20070027092, South 89 degrees 43 minutes 35 seconds East for a distance of 49. 08 feet to the easterly line of the proposed tract of land to be deeded to the said City of Fort Collins; THENCE along the said easterly line, North 00 degrees 16 minutes 25 seconds East for a distance of 4 . 04 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said easterly line, South 89 degrees 03 minutes 34 seconds East for a distance of 171 . 00 feet; THENCE North 00 degrees 56 minutes 26 seconds East for a distance of 14 . 00 feet; THENCE North 89 degrees ` 03 minutes 34 seconds West for a distance of 171 . 16 feet to the said easterly ,line of the proposed tract of land to be deeded to the said City of Fort Collins; THENCE . along the said easterly line, South 00 degrees 16 minutes 25 seconds West for a distance of 14 -00 feet to the point of beginning. ' Containing 2, 395. square feet more or less . TOGETHER WITH: Page 1 of 2 Exhibit 'T' Page 2 of 3 With the above described basis of bearings and commencing at the above described southwest corner of the said tract described at Rece-otion No. 20070027092; THENCE along the south line of the said tract described at Reception No. 20070027092, South 89 degrees 43 minutes 35 seconds East for a distance of 160 . 39 feet; THENCE leaving the said south line, North 00 degrees 16 minutes 25 seconds East for a distance of 44 . 42 feet to the TRUE POINT OF BEGINNING of this description; THENCE South 88 degrees 04 minutes 36 seconds East for a distance of 36. 00 feet; THENCE North 01 degrees 55 minutes 24 seconds East for a distance of 36. 00 feet; THENCE North 88 degrees 04 minutes 36 seconds West for a distance of 36. 00 feet; THENCE South 01 degrees 55 minutes 24 seconds West for a distance of 36. 00 feet to the point of beginning. Containing 1, 296 square feet more or less . FURTHER TOGETHER WITH: With the above described basis of bearings and commencing at the above described southwest corner of the said tract described at Reception No. 20,070027092; THENCE along the south line of the said tract described at Reception No. 20070027092, South 89 degrees 43 minutes 35 seconds East for a distance of 219 . 65 feet; THENCE leaving the said south line, North 00 degrees 16 minutes 25 seconds East for a distance of 43 . 86 feet to the TRUE POINT OF BEGINNING of this description; THENCE South 88 degrees 23 minutes 52 seconds East for a distance of 38 . 00 feet; THENCE North 01 degrees 36 minutes 08 seconds East for a distance of 63. 00 feet; THENCE North 88 degrees 23 minutes 52 seconds West for a distance of 38 . 00 feet; THENCE South 01 degrees 36 minutes 08 seconds West for a distance of 63. 00 feet to the point of beginning. Containing 2, 394 square feet more or less . The above described areas contain a total of 6, 085 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 previo recorded FS plats and deeds and not upon a actual field surve °��� ,,ee e Q t EGISTFq•.• � ' :. WALLACE C. MUSCOTT COLORADO P.L. S . 17 4 9 7 3 a Leo �C:tiJc./Cx�' P.O. BOX 580 FORT COLLINS, CO 80522 _ 17497 s Page 2 of 2 °iLG j s �,�i,,�,yO nOapL SHARED PARKING AREAS EXH BFr "P> N 1/4 CORNER NE CORNER 35-7-69 / 3355-7-69 HORSETOOTH ROAD w w I F- 20ED o Ar Z or5p92 TRAc 00700 B) L PROPOSED PROPOSED SHARED PARKING SHARED PARKING / O / AREA 2 AREA 3 36' X 36' 63' X 38' % 1,296 SO. FT. 2,394 SQ. FT. E.Y/S7. FENCE SPACES: ARDUNO 711E SAND PROPOSED liOLLEYBALL AREA\ SPACES: I TRACT TO BE \ ........... DEEDED TO CITY ............ ................. 100' RAILWAY ROW \\ S<Y CORNER, TRACT DESCR/BED A7 R�20D700270.92 PROPOSED SHARED PARKING AREA 1 171' X 14' 2,395 SO. FT. AUGUST 18, 2011 Exhibit "J" Page 1 of 3 DESCRIPTION OF TWO AREAS OF SHARED PARKING LOCATED ON -THE FOOTHILLS ASSEMBLY OF GOD PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS Two areas of Shared Parking located in the southeast quarter of Section 26, Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said areas are also located in the Tract A of the plat of South Meadow- Lark Heights-Third Filing, a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line of the said southeast quarter of Section 26 as bearing South 00 degrees 22 minutes 01 seconds West between a 3" Aluminum Cap Monument, PLS 20123, at the east quarter corner and a 2 . 5" Aluminum Cap Monument, PLS 14823, at the southeast corner of Section 26, 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 said east quarter corner of Section 26; THENCE along the north line of the southeast quarter of the said Section 26, North 89 degrees 37 minutes 04 seconds West for a distance of 1005 . 29 feet to the westerly right of way of the BNSF Railway; THENCE along the said westerly right of way, South 02 degrees 04 minutes 57 seconds West for a distance of 1. 91 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said westerly right of way, South 02 degrees 04 minutes 57 seconds West for a distance of 10 . 01 feet; THENCE continuing along the said westerly right of way, along a curve to the left having a radius of 34477 . 47 feet a central angle of 00 degrees 18 minutes 25 seconds and an arc length of 184 . 67 feet, being subtended by a chord of South 01 degrees 55 minutes 47 seconds West for a distance of 164 . 67 feet; f THENCE leaving the said westerly right of way, non-tangent from the previous curve, South 62 degrees 52 minutes 30 seconds West for a distance of 32 . 50 feet; THENCE North 02 degrees 37 minutes 20 seconds East for a distance of 196. 00 feet; THENCE North 62 degrees 52 minutes 30 seconds East for a distance of 29. 82 feet to the point of beginning. Containing 5, 285 scuare feet more or less . TOGETHER WITH: With the above described basis of bearings : Page 1 of 2 Exhibit "J" Page 2 of 3 Commencing at the said east quarter corner of .Section 26; THENCE along the north line of the southeast quarter of the said Section 26, North 89 degrees 37 minutes 04 second's West for a distance of distance of 1053. 83 feet; THENCE leaving the said north line, South 00 degrees 22 minutes 56 seconds West for a distance of 4 . 96 feet to the TRUE POINT OF BEGINNING of this description; THENCE South 02 degrees 13 minutes 25 seconds West for a distance of 163. 00 feet; THENCE North 87 degrees 46 minutes 35 seconds West for a distance of 16. 00 feet; THENCE North 02 degrees 13 minutes 25 seconds East for a distance of 163 . 00 feet; THENCE South 87 degrees 46 minutes 35 seconds East for a distance of 16. 00 feet to the point of beginning. Containing 2, 608 square feet more or less . The above described tract contain a total of 7 , 893 square feet more of 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 oo•,�e$aE CPaUGae�3�,A,J� ��`,LPG ,,....,..'�v^'•s;. ��rOtS7BRF�a�L:;� e 17497 cs�•:qMo s RIO cQe�ti ' fill OCIfO. Y` Page 2 of 2 z 0 z z �TJ m u, m m V C a D pN v 77 70 � C l l D C D Mrri b 0 r^ M. Ln m ey� Q N 70 m ! C Z �� � � �m ''i z � D (U) c0 c cy c� r —I N :3 HANDICAP SPA 5::'::':14_REGULAR SPACES: I /V r D �:38;$PACES:: 12,50D Sq Ft LEASE FOR D> L — —P9iPK/NC AND OrP/l�El4'9Y -z — — — — — - - — — — — — O CENTERLINE OF TRACKS I ZD V m t0ril Exhibit "K" Page 1 of 3 DESCRIPTION .OF AN AREA OF SHARED PARKING AGREEMENT LOCATED ON THE CARMIKE FORT COLLINS, LTD. PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS An area for a Shared Parking Agreement 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 area 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 . observations and the City of Fort Collins coordinate system, 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 1503 . 30 feet; THENCE leaving the said north line, South 00 degrees 16 minutes 22 seconds West for a distance of 30 . 00 feet; THENCE South 35 degrees 44 minutes 58 seconds East for a distance of 24 . 73 feet to the northeast corner of the said Lot 1; THENCE along the north line of the said Lot 1, North 89 degrees 43 minutes 38 seconds West for a distance of 107 . 00 feet to the southwesterly line of the New Mercer Canal Ditch Easement as shown on the said plat; THENCE along the said southwesterly line, South 45 degrees 07 minutes 53 seconds East for a distance of 238 . 00 feet; THENCE continuing along the said southwesterly line, along a curve to the right having a radius of 93 . 82 feet, a central angle of 46 degrees 11 minutes CO .seconds and an arc length of 75 . 62 feet, being subtended by a chord of South 22 degrees 02 minutes 23 seconds East for a distance of 73 . 59 feet; THENCE continuing along the said southwesterly line, South 01 degrees 03 minutes 07 seconds West for a distance of 14 . 76 feet; THENCE leaving the said southwesterly line, North 88 degrees 56 minutes 53 seconds West for a distance of 16. 55 feet to the TRUE POINT OF BEGINNING of this description; THENCE South 00 degrees 03 minutes 20 seconds East for a distance of 279 . 00 feet; THENCE South 89 degrees 56 minutes 40 seconds West for a distance of 22 . 00 feet; PAGE 1 OF 2 Exhibit "K" Page 2 of 3 TF.ENCE North 00 degrees 03 minutei` 20 seconds West for a distance of 279 . G0 feet; THENCE North 89 degrees 56 minutes 40 seconds East for a distance of 22 . 00 feet to the point of beginning. Containing 6, 138 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 e, �l% vl� 0�;CO PAGE 2 OF 2 EXHMIT "K" N 1/4 CORNER NE CORNER 35-7-69 WEST H❑RSET❑❑TH ROAD 35/-7-69 e- - � f- - - - - - - - - - - NE CORRNOF LOT 1\ \ \ .4 4SON 7R9NSP01,F7-471O1V COfTR/DOR 7R41L EASEiLfENT I I I I I I I PROPOSED I SHARED PARKING 279' X 22' ''�" ';�; i RAILWAY ROW 6,138 SQ. FT. I H:' I J.. I CO1J1-H PARK PEA co R- w1vog I Exhibit "L" Page l of 4 DESCRIPTION OF AN ACCESS EASEMENT LOCATED ON THE DAVID ZISSU 58, LLC AND THE DAVID ZISSU 35, LLC PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS An Access Easement located in the southeast 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 1 of the plat of Whole Foods Center, 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 southeast quarter of the said Section 23 as bearing North 89 degrees 22 minutes 14 seconds West between a 2 . 5" Aluminum Cap Monument at the east quarter corner and a 2 . 5" Aluminum Cap Monument at the center 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 east quarter corner of the said Section 23; THENCE along the north line of the southeast quarter •of the said Section 23, (the said north line of the southeast quarter is also the north line of the said Lot 1) North 89 degrees 22 minutes 14 seconds West for a distance of 70 . 00 feet to the westerly right of way of South College Avenue; THENCE along the said westerly right of way, South 00 degrees 23 minutes 38 seconds West for a distance of 206. 16 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said easterly right of way, South 00 degrees 23 minutes 38 seconds West for a distance of 5. 00 feet to the easterly extension of the tangent portion of the north line of Lot 2 of the said plat of Whole Foods Center; THENCE along the said extended line, and along the said north line of Lot 2 and its westerly extension, North 89 degrees 24 minutes 46 seconds West for a distance of 305 . 17 feet to a line which is 5. 00 feet, more or less, westerly of and parallel with the existing back of the curb along the easterly side of the existing building on the said Lot 1; THENCE along the said parallel line and continuing along a line which is 5 . 00 feet more or less westerly and southerly of the existing back of the curb along the easterly and northerly side of the existing building the following seven (7 ) courses and distances, (1) North 00 degrees 39 minutes 16 seconds East for a distance of 51 . 15 feet; (2) along a non-tangent curve to the left having a radius of 10 . 00 feet a central angle of 90 degrees 09 minutes 58 seconds, and Page 1 of 3 Exhibit "L" Page 2 of 4 an arc length of 15 . 74 feet, being subtended by a chord of North 44 decrees 16 minutes 51 seconds West for a distance of 14 . 16 feet; (3) non-tangent from the previous curve, North 89 degrees 21 minutes 40 seconds West for a distance of 168 . 14 feet; (4 ) along a non-tangent curve to the right having a radius of 37 . 00 feet a central angle of 90 degrees 40 minutes 17 seconds, and an arc length of 58 . 55 feet, being subtended by a chord of North 45 degrees 02 minutes 45 seconds West for a distance of 52 . 63 feet; (5) non-tangent from the previous curve, North 00 degrees 10 minutes 19 seconds East for a distance of 13. 16 feet; (6) along a non-tangent curve to the left having a radius of 4 . 50 feet, a central angle of 89 degrees 11 minutes 19 seconds, an arc length of 7 . 00 feet, being subtended by a chord of North 44 degrees 25 minutes 20 seconds West for a distance of 6. 32 feet; (7) continuing along the said parallel line and its westerly extension, non-tangent from the previous curve, North 89 degrees 17 minutes 21 seconds West for a distance of 102 . 63 feet to the easterly line of that certain tract of land as described in a Special Warranty Deed recorded May 27, 2011 at Reception No. 20110032597 records of the said Clerk and Recorder, Exhibit "F"; THENCE along the said easterly line, North 06 degrees 17 minutes 43 seconds East for a distance of 5 . 02 feet to the westerly extension of the said back of curb; THENCE along the said extended line, and more or less along the said back of curb the following seven (7) courses and distances, (1) South 89 degrees 17 minutes 21 seconds East for a distance of 102 . 14 feet; (2) along a non-tangent curve to the right having a radius of 9 . 50 feet a central angle of 89 degrees 19 minutes 56 seconds, and an arc length of 14 . 81 feet, being subtended by a chord of South 44 degrees 29 minutes 39 seconds East for a distance of 13 . 36 feet; (3) non-tangent from the previous curve, South .00 degrees 10 minutes 19 seconds West for a distance of 13 . 16 feet; (4) along a non-tangent curve to the left having a radius of 32 . 00 feet a central angle of 90 degrees 41 minutes 23 seconds, and an arc length of 50 . 65 feet, being subtended by a chord of South 45 degrees 02 minutes 15 seconds East for a distance of 45 . 53 feet; (5) non-tangent from the previous curve, South 89 degrees 21 minutes 40 seconds East for a distance of 168 . 22 feet; (6) along a non-tangent curve to the right having a radius of 15 . 00 feet a central angle of 90 degrees 09 minutes 58 seconds, and an arc length of 23 . 61 feet, being subtended by a chord of South 44 degrees 16 minutes 51 seconds East for a distance of 21. 24 feet; (7) non-tangent from the previous curve, South 00 degrees 39 minutes 16 seconds West for a distance of 46. 13 feet; THENCE leaving the said back of curb, South 89 degrees 24 minutes 46 seconds East for a distance of 300 . 15 feet to the point of beginning. Containing 3, 601 square feet more or less . Page 2 of 3 Exhibit "L" Page 3 of 4 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 tCRA/gIMG�° 4. eo•• O�:�: x l21,�l� e ii7497 1pl�9�.Ho SURVE�.�. qP:%a �OF C0�s Page 3 of 3 LOCATION SKETCH , ACCESS EASEMENT m DAVID ZISSU 58 , LLC & DAVID ZISSU 35 , LLC r NGY C01'?NzW LOT 1 CENTER 1/4 CORNER dYHOLE FOODS CENTE/' 23-7-69 E 1/4 C 23-7-69 I 01 15 NlER E WNpGEGFppp C IgAERS£NCR i Strap r NTY LINE OF PROPOSED EASEMENT IS ALONG THE EXIST. BACK OF CURB r ALONG THE N'LY SIDE OF THE EXIST BUILDING q h E%1511NC SIDEWALK ry EXISTING BUILDING W ' Of? N1ER Q Q I EASEMENT WNpcE�POSED Fpp05 pE W 16, 2011 3,601 SO. FT. L9 aI W ITS �o ! J Gpl � CENrER ElWNp�E FppDS (__l " 100' RAILWAY ROW I I HE AREAS ATTACHED ION ONLY, :SENT A )ARY SURVEY. 3ERV\BRT\ROW ' Exhibit "M" Page 1 of 2 DESCRIPTION OF A PERMANENT DRAINAGE EASEMENT LOCATED ON THE PALMER 2109 S . COLLEGE, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS P. Permanent Drainage Easement located in the southeast 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 Tract E, of the plat of University Shopping Center, a plat of record with the Clerk and Recorder of the said Larimer County, being 'more particularly described as follows; Considering the north lire of the southeast quarter of the said Section 23 as bearing North 89 degrees 22 minutes 14 seconds West between a 2 . 5" Aluminum Cap Monument at the east quarter corner and a 2 . 5" Aluminum Cap Monument at the center 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 east quarter corner cf the said Section 23; THENCE along the north line of the southeast auarter of the said Section 23 , North 89 degrees 22 minutes 14 seconds West for a distance of 70 . 00 feet to the northeast corner of the said Tract E. and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said north line and along the north line of the said Tract E, North 89 degrees 22 minutes 14- seconds West for a distance of 125 . 00 feet to the northwest corner of the said Tract E; THENCE leaving the said north line and along the west line of the said Tract E, South 00 degrees 23 minutes 38 seconds West for a distance of 20 . 00 feet; THENCE leaving the said west line, South 89 degrees 22 minutes 14 seconds East for a distance of 125. 00 feet to the east line of the said Tract E; THENCE along the said east line, North 00 degrees, 23 minutes 38 seconds East . for a distance of 20 . 00 feet to the point of beginning. Containing 2, 500 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 ulllooas,;;. ZE CRAIG A WALT. CE C. MUSCOTT COLORADO P.L. S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 _ 17497 49 OF C O+-Oq r ;y 'l�i:lieei:�Et. PALMER 2109 S . COLLEGE , LLC EXHIBIT `iM" CENTER E 1/4 CORNER 1/4 CORNER N 89°22'14• W 23-7-69 23-7-69 125,00' 70,00' 00 pp°23�p S 89022'14' E °F33 S 2p' 125.00' �Op, S F ct E /NG SSNt SR tRA SNOPP PROOSED DRAINAGE fir//VERSI t L-Li EASEMENT > 2500 SQ. FT. • Q LLJ l_D • W `Ot r cov W WN��S N AUGUST 14, 2011 NTS Exhibit "N" Page 1 of 6 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE DILLON COMPANIES, INC. A KANSAS CORPORATION PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A tract of land located in- the southeast quarter of Section 23, Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in Tract 2 of the plat of K-Mart Plaza and in Tract 2 of the plat of Extention of K-Mart Plaza, both being plats 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 23 as- bearing North 89 degrees 26 minutes 43 seconds West between a 3" Aluminum Cap Monument at the southeast corner and a 3" Aluminum Cap Monument at the south 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 southeast corner of the said Section 23; THENCE along the south line of the southeast quarter of the said Section 23, North 89 degrees 26 minutes 43 seconds West for a distance of 732 . 56 feet to the southerly extension of the westerly line of the said Tract 2 K-Mart Plaza; THENCE along the said southerly extension, North 01 degrees 23 minutes 12 seconds East for a distance of 50 . 01 feet to the southwest corner of the said Tract 2 K-Mart Plaza, and .to the TRUE ,POINT OF BEGINNING of this description; THENCE along the said westerly line of Tract 2 K-Mart Plaza, and along the westerly line of the said Tract 2 Extention of K-Mart Plaza, North 01 degrees 23 minutes 12 seconds East for, a distance Of 735 . 29 feet; THENCE leaving the said westerly line, South 89 degrees 26 minutes 43 seconds East for a distance of 2 . 42 feet; THENCE South 01 degrees 23 minutes 12 seconds West for a distance of 705 . 83 feet; THENCE South 88 degrees 53 minutes 38 seconds East for a distance of 26. 75 feet; THENCE South 01 degrees 42 minutes 27 seconds West • for a distance of 29 : 21 feet to the northerly Right of Way of West Drake Road; THENCE along the said northerly Right of Way,. North 89 degrees 26 minutes 43 seconds West for a distance of 29. 02 feet to the point of beginning. Containing 2,,563 square feet more or less . Page 1 of 2 Exhibit "N" Page 2 of 6 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 �q`ggqqq991l06�tSb,Bg��,T CRAIG 12��ii .......... � SLAV ' OF COV a�,+: 0 �6i°''A�3iZESbE3i�§1+''' Page 2 of 2 Exhibit "N" Page 3 of 6 DESCRIPTION OF P. PERMANENT ACCESS AND PARKING EASEMENT LOCATED ON THE DILLON COMPANIES, INC. A KANSAS CORPORATION PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Permanent Access and Parking Easement located in the southeast 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 Tract 2 of the plat of K-Mart Plaza and in Tract 2 of the plat of Extention of K-Mart Plaza, both being plats 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 23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3" Aluminum Cap Monument at the southeast corner and a 3" Aluminum Cap Monument at the south 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 southeast corner of the said Section 23; THENCE along the south line of the southeast quarter of the said Section 23, North 89 degrees 26 minutes 43 seconds West for a distance of 732 . 56 feet to the southerly extension of the westerly line of the said Tract 2 K-Mart Plaza; THENCE along the said southerly extension, North 01 degrees 23 minutes 12 seconds East for a distance of 50 . 01 feet to the southwest corner of the said Tract 2 K-Mart Plaza; THENCE along the south line of the said Tract 2 K-Mart Plaza, South 89 degrees 26 minutes 43 seconds East for a distance of 29 . 02 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, North 01 degrees 42 minutes 27 seconds East for a distance of 29. 21 feet; THENCE North 88 degrees 53 minutes 38 seconds West for, a distance of 26 . 75 feet; THENCE North 01 degrees 23 minutes 12 seconds East for a distance of 705. 83 feet; THENCE South 89 degrees 26 minutes 43 seconds East for a distance of 45. 60 feet; THENCE South 01 degrees 23 minutes 12 seconds West for a distance of 492 . 79 feet; THENCE South 88 degrees 36 minutes 48 seconds East for a distance of 11 . 46 feet; THENCE South 01 degrees 23 minutes 12 seconds West for a distance of 242 . 34 feet to the said south line of Tract 2 K-Mart Plaza; THENCE along the said south line, North 89 degrees 26 minutes Page 1 of 2 Exhibit 'W" Page 4 of 6 43 seconds West for a distance of 30 . 47 feet to the point of beginning. Containing 35, 522 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. WALLACE C. MUSCOTT COLORADO P.L. S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 kOs°"SCE CR4 BgFQ �� � 1749 Mimi Page 2 of 2 Exhibit "N" Page 5 of 6 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE DILLON COMPANIES, INC. A KANSASICORPORATION PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the southeast 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 Tract 2 of the plat of Extention of K-Mart Plaza, 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 23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3" Aluminum Cap Monument at the southeast corner and a 3" Aluminum Cap Monument at the south 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 southeast corner of the said Section 23; THENCE along the south line of the southeast quarter of the said Section 23, North 89 degrees 26 minutes 43 seconds West for a distance of 788 . 05 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 01 degrees 23 minutes 12 seconds East for a distance of 849 . 57 feet to the north line of the said Tract 2 Extention of K-Mart Plaza; THENCE along the said north line, South 89 degrees 29 minutes 41 seconds East for a distance of 55 . 49 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said north line, South 89 degrees 29 minutes 41 seconds East for a distance of 30 . 00 fee` ; THENCE leaving the said north line, South 01 degrees 23 minutes 12 seconds West for a distance of 64 . 34 feet; THENCE North 89 degrees 26 minutes 43 seconds West for a distance of 30 . 00 feet; THENCE North 01 degrees 23 minutes 12 seconds East for a distance of 64 . 32 feet to the point of beginning. Containing 1, 930 sauare feet more or less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby stat e 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 sury 01111a111111eJB AN CRAIG WALLACE C. MUSCOTT COLORADO P.L. S . 17497 �Q` ;•PE�15TAFo,..cG� ' P.O. BOX 580 FORT COLLINS, CO 80522 C IaGO:es (' E) HI TI' "N' EX/SnNG'J67' PROPOSED UT7L/7YEASZ4&,+/T TEMP. CONST. ESM'T. 1,930 SQ. FT. I I ' I -, Z pF K,�Rr r0 OE :..r.:.:.; X >�0 pA I:::;::::: pEIOK 1605 IN B � .Q A IK I:.-4- .:; ErrsnNc ao' N zk�h I' 'I'"'' UT/L/lY EASEl1ENT 4...........:i W� ........' JULY 28, 2011 NTS 100' RAILWAY ROW120 C:::I:.:•::1 m PROPOSED z ACCESS AND PARKING ESMT. 35,522 SQ. FT, J r...:.; PROPOSED TRACT TO BE DEEDED TO CITY 2,563 SQ. FT. :.:•{.' f:.i....... ogr .�........I EY/ST/Nc 6' '•:.L':•:•':' --UT/L/7Y EASE�1fENT DRAKE ROAD / (EXISTING 50- ROW) / p S 1/4 CORNER SE CORNER 23-7-69 23-7-69