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HomeMy WebLinkAbout181 - 01/06/2015 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVE ORDINANCE NO. 181, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DRAKE AND SHIELDS INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Drake and Shields Intersection Improvements Project (the"Project") in 2015; and WHEREAS, the Project involves the construction of road improvements, bicycle and pedestrian improvements, and other necessary improvements; and WHEREAS, the Project will relieve congestion, improve air quality through reduced vehicle-wait times, and improve the safety, operations, and aesthetics at the intersection; and WHEREAS, to construct the Project, it is necessary for the City to acquire certain property rights as described on Exhibits "A" through "F", attached hereto and incorporated herein by this reference (the "Property Rights"); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Project, is in the City's best interests, and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights 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 Property Rights described herein for the purpose of completing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 3. The City Council finds that, in the event acquisition of the Property Rights or any of them by eminent domain is commenced, immediate possession is necessary for the public health, safety and welfare. - 1 - Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. OF May ATTEST: A0 o -- City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. Ma or ATTEST: O4 F O R'r U; :2 -SEAL :N City Clerk C,QtoRND0 2 Exhibit "A" PROJECT NUMBER: SHO M455-109 PARCEL NUMBER: 1 PROJECT CODE: 19059 DATE: NOVEMBER 7, 2014 A TRACT OR PARCEL OF LAND NO. 1 OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, PROJECT NO. SHO M455-109; BEING A PORTION OF TRACT A, CIMARRON SQUARE, A PLAT OF RECORD IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE S05059'46"E, A DISTANCE OF 469.61 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF SHIELDS STREET, SAID POINT BEING THE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, N00°06'50"E, A DISTANCE OF 391.39 FEET; 2. THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY-LINE, 39.46 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90025'39", AND A CHORD WHICH BEARS N45019'39"E, A DISTANCE OF 35.49 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF DRAKE ROAD; 3. THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S89°27'32"E, A DISTANCE OF 7.02 FEET; 4. THENCE S45°04'55"W, A DISTANCE OF 34.93 FEET; 5. THENCE S00006'44"W, A DISTANCE OF 312.97 FEET; 6. THENCE S05034'52"W, A DISTANCE OF 79.01 FEET TO THE POINT OF BEGINNING, CONTAINING 3,009 SQUARE FEET (0.069 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. BASIS OF BEARINGS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26, T7N, R69W OF THE 6TH P.M. TO BEAR S00° 06'44"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3"ALUMINUM CAP STAMPED LS 20123, AND ON ITS SOUTH END BY A 3-1/4" ILLEGIBLE ALUMINUM CAP, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. DO REGIST JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS VOY: P.O. BOX 580. FORT COLLINS, CO 80522 0 31169 u! v S:\Engineering\Departments\Survey\Projects\EngineeringlHorsetooth and Timberline-Intersection\L �'�\PCL 7.doc Fs' . L lA� Exhibit "B" PROJECT NUMBER: SHO M455-109 PARCEL NUMBER: TE-1 ' PROJECT CODE: 19059 DATE: NOVEMBER 7, 2014 A TRACT OR PARCEL OF LAND NO.TE-1 OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER,STATE OF COLORADO, PROJECT NO. SHO M455-109; BEING A PORTION OF TRACT A, CIMARRON SQUARE,A PLAT OF RECORD IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26; THENCE S07°37'34"E, A DISTANCE OF 500.04 FEET TO THE POINT OF BEGINNING; 1. THENCE N89053'10"W,A DISTANCE OF 17.36 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SHIELDS STREET; 2. THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, N00°06'50"E, A DISTANCE OF 28.54 FEET; 3. THENCE N05"34'52"E,A DISTANCE OF 79.01 FEET; 4. THENCE N00°06'44"E,A DISTANCE OF 312.97 FEET; 5. THENCE N45°04'55"E,A DISTANCE OF 34.93 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF DRAKE ROAD; 6. THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S89°27'32"E, A DISTANCE OF 21.05 FEET; 7. THENCE S45°04'55"W,A DISTANCE OF 36.40 FEET; 8. THENCE S00006'44"W,A DISTANCE OF 312.72 FEET; 9. THENCE S05°34'52"W,A DISTANCE OF 106.72 FEET TO THE POINT OF BEGINNING. CONTAINING 8,897 SQUARE FEET(0.204 ACRES), MORE OR LESS,AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. BASIS OF BEARINGS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26, T7N, R69W OF THE 6TH P.M.TO BEAR S00°06'44"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3"ALUMINUM CAP STAMPED LS 20123,AND ON ITS SOUTH END BY A 3-1/4" ILLEGIBLE ALUMINUM CAP, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF,AND OPINION. oo REGis 9 JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 v o 31169 a,a S:\Engineering\Departments\Survey\Projects\Engineering\Horsetooth and Timberline-Intersection\Le CL,1TE.doc. LlANO Exhibit "C" PROJECT NUMBER: SHO M455.109 PARCEL NUMBER: 2 PROJECT CODE: 19059 DATE: NOVEMBER 7; 2014 A TRACT OR PARCEL OF LAND NO. 2 OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, PROJECT NO. SHO M455-109; BEING A PORTION OF TRACT B, RAINTREE COMMERCIAL P.U.D, PHASE I,A PLAT OF RECORD IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; ALSO BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED APRIL 2,2012 AT RECEPTION NO. 20120021364; LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N17°57'40"W,A DISTANCE OF 177.36 FEET TO A POINT ON THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 20120012903, SAID POINT BEING THE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTH LINE, N89-33-11"E,A DISTANCE OF 5.36 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF SHIELDS STREET; 2. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°14'02"W,A DISTANCE OF 98.20 FEET; 3. THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 31.54 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET,A CENTRAL ANGLE OF 90"21'00",AND A CHORD WHICH BEARS S45°24'32'W,A DISTANCE OF 28.37 FEET; 4. THENCE N40°23'47"E,A DISTANCE OF 30.00 FEET; 5. THENCE 37.07 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 940.50 FEET,A CENTRAL ANGLE OF 02*15'29",AND A CHORD WHICH BEARS N01050'03"W A DISTANCE OF 37.06 FEET; 6. THENCE NO2°57'48"W,A DISTANCE OF 58.26 FEET TO THE POINT OF BEGINNING. CONTAINING 421 SQUARE FEET(0.010 ACRES), MORE OR LESS,AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. BASIS OF BEARINGS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, T7N, R69W OF THE 6TH P.M. TO BEAR N00°14"3"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3"ALUMINUM CAP STAMPED LS 20123, AND ON.ITS NORTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION,AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF,AND OPINION. O�apO REG/Sr�� UO � 0 31169 n - JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS . .. P.O. BOX 580, FORT COLLINS, CO 80522Al Lpy 1O S:\Engineering\Departments\Survey\Projects\Engineering\Horsetooth and Timberline-Intersection\Legals\PCL 2.doc Exhibit "D" PROJECT NUMBER: SHO M455.109 PARCEL NUMBER: TE-2 PROJECT CODE: 19059 DATE: NOVEMBER 7, 2014 A TRACT OR PARCEL OF LAND NO. TE-2 OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, PROJECT NO. SHO M455-109; BEING A PORTION OF TRACT B, RAINTREE COMMERCIAL P.U.D, PHASE I,A PLAT OF RECORD IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; ALSO BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED APRIL 2, 2012 AT RECEPTION NO. 20120021364; LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N22°27'45"W,A DISTANCE OF 182.44 FEET TO A POINT ON THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 20120012903, SAID POINT BEING THE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTH LINE,N89"33'1,1"E,A DISTANCE OF 15.01 FEET; 2. THENCE S02°57'48"E, A DISTANCE OF 58.26 FEET; 3. THENCE37.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 940.50 FEET,A CENTRAL ANGLE OF 02*1529",AND A CHORD WHICH BEARS S01°50'03"E,A DISTANCE OF 37.06 FEET; 4. THENCE S40°23'47"W,A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF DRAKE ROAD; 5. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N89°24'58"W,A DISTANCE OF 19.53 FEET; 6. THENCE N40°23'47"E,A DISTANCE OF 36.85 FEET; 7. THENCE 30.87 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 925.50 FEET,A CENTRAL ANGLE OF 01°54'40", AND A CHORD WHICH BEARS NO2°00'28"W A DISTANCE OF 30.87 FEET; 8. THENCE NO2°57'48"W,A DISTANCE OF 58.92 FEET TO THE POINT OF BEGINNING. CONTAINING 1,890 SQUARE FEET(0.043 ACRES), MORE OR LESS,AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. BASIS OF BEARINGS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, T7N, R69W OF THE 6TH P.M.TO BEAR NOW 14'13"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3"ALUMINUM CAP STAMPED LS 20123,AND ON ITS NORTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION,AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF,AND OPINION. POQ REU/ST JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 J FOR AND ON BEHALF OF THE CITY OF FORT COLLINS 2 P.O. BOX 580, FORT COLLINS, CO 80522 p 31169 0: K v �TE2d�10/'�f o S:\Engineering\Departments\Survey\Projects\EngineeringWorsetooth and Timberline-IntersectionlLega P$G TE2.doc ss��'HL LA�� Exhibit "E" PROJECT NUMBER: SHO M455-109 PARCEL NUMBER: 3 PROJECT CODE: 19059 DATE: NOVEMBER 7, 2014 A TRACT OR PARCEL OF LAND NO. 3 OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, PROJECT NO. SHO M455-109; BEING A PORTION OF TRACT B, RAINTREE COMMERCIAL P.U.D, PHASE I,A PLAT OF RECORD IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; ALSO BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED FEBRUARY 28, 2012 AT RECEPTION NO. 20120012903; LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N17°57'40"W,A DISTANCE OF 177.36 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 20120012903, SAID POINT BEING THE POINT OF BEGINNING; 1. THENCE NO2°57'48"W,A DISTANCE OF 84.47 FEET; 2. THENCE N06039'31"E,A DISTANCE OF 90.00 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF SHIELDS STREET; 3. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00414'02"W,A DISTANCE OF 173.71 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN DEED RECORDED-AT RECEPTION NO. 20120012903; 4. THENCE ALONG THE SOUTH LINE OF SAID PARCEL, S89°33'11"W, A DISTANCE OF 5.36 FEET TO THE POINT OF BEGINNING. CONTAINING 1,101 SQUARE FEET(0.025 ACRES), MORE OR LESS,AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND, BASIS OF BEARINGS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, T7N, R69W OF THE 6TH P.M.TO BEAR NOW 14'13"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3"ALUMINUM CAP STAMPED LS 20123,AND ON ITS NORTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. ' I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR U Y DIRECT SUPERVISION,AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY PfA S�I KNOWLEDGE, BELIEF, AND OPINION. O JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 0 3 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 Fss' 5 SAL 100 S:\Engineering\Departments\Survey\Projects\Engineering\Horsetooth and Timbedine-Intersection 3.doc Exhibit 7" PROJECT NUMBER: SHO M455.109 PARCEL NUMBER: TE-3 PROJECT CODE: 19059 DATE: NOVEMBER 7, 2014 ' A TRACT OR PARCEL OF LAND NO.TE-3 OF THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, PROJECT NO. SHO M455-109; BEING A PORTION OF TRACT B, RAINTREE COMMERCIAL P.U.D, PHASE I,A PLAT OF RECORD IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; ALSO BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED FEBRUARY 28,2012 AT RECEPTION NO. 20120012903; LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N22°27'45"W,A DISTANCE OF 182.44 FEET TO A POINT ON THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 20120012903, SAID POINT BEING THE POINT OF BEGINNING; 1. THENCE N02057'48"W,A DISTANCE OF 85.07 FEET; 2. THENCE N06'39'31"E,A DISTANCE OF 95.85 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 20120012903 ; 3. THENCE ALONG SAID NORTH LINE, S88°12'51"E,A DISTANCE OF 14.40 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF SHIELDS STREET; 4. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00"14'02"W,A DISTANCE OF 5.84 FEET; 5. THENCE S06039'31"W,A DISTANCE OF 90.00 FEET; 6. THENCE S02°57'48"E,A DISTANCE OF 84.47 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AT RECEPTION NO. 20120012903; 7. THENCE ALONG SAID SOUTH LINE, S89033'11"W,A DISTANCE OF 15.01 FEET TO THE POINT OF BEGINNING. CONTAINING 2,708 SQUARE FEET(0.062 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. -- BASIS OF BEARINGS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 22, T7N, R69W OF THE 6TH P.M. TO BEAR NOW 14'13"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3"ALUMINUM CAP STAMPED LS 20123,AND ON ITS NORTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 14823, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF,AND OPINION. 00 REG/S GAP,...,.... JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS,CO 80522 9:.0 31169 a; S:\Engineering\Departments\Survey\Projects\Engineering\Horsetooth and Timberline-Intersection) Ss\PCL TE3:doc' 0Z NOS