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HomeMy WebLinkAbout110 - 09/02/2014 - AUTHORIZING THE EXCHANGE OF A 9.33-ACRE PORTION OF THE TIMBERLINE SUBSTATION PROPERTY FROM THE ELECT ORDINANCE NO. 110, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXCHANGE OF A 9.33-ACRE PORTION OF THE TIMBERLINE SUBSTATION PROPERTY FROM THE ELECTRIC UTILITY FOR A COMPARABLY- VALUED 3.03-ACRE SITE FROM THE PARKS DEPARTMENT WHEREAS, the City of Fort Collins is the owner of that certain real property located in Fort Collins and known as the Timberline Substation, which was originally purchased by the City for Electric Utility purposes (the "Substation Property"); and WHEREAS, the Substation Property, located southwest of the intersection of Timberline and Prospect Roads, was acquired on May 2, 1973 with Electric Utility funds and developed for an electric power substation facility; and WHEREAS, the Electric Utility currently uses only 7.43 acres at the center of the Substation Property for the electric power substation facility, shown as "Parcel B" on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, in 2013 the Electric Utility granted permission to the Park Department to develop a recreational use on portions of the Substation Property that could not be developed for utility purposes; and WHEREAS, the City of Fort Collins also owns a 3.03 acre parcel of land adjacent to the Substation Property, which was purchased with Parks Department funds (the "Parks Property"), shown as "Parcel D" on Exhibit "A", and as more specifically described on Exhibit "B"; and WHEREAS, the Parks Department currently uses only a portion of Parcel D for storage of park maintenance materials and equipment, including mulch and soil amendments; and WHEREAS, City staff has determined there are beneficial uses for the unused portions of the Substation Property and the Parks Property that will not materially impact Utility or Parks operations; and WHEREAS, Utility Department staff has identified 9.33 acres of the Substation Property that is not projected for use by the Electric Utility due to its configuration and the existence of access easements across the property held by Platte River Power Authority, Public Service Company, and others, "Parcel C" on Exhibit "A", and as more specifically described on Exhibit `B" (the "Utility Property"); and WHEREAS, Parks Department staff has determined that Parcel C offers greater usefulness and access for recreational uses than does Parcel D; and WHEREAS, Electric Utility staff has determined there is greater usefulness and access to Parcel D than that available on Parcel C for utility uses; and WHEREAS, the estimated fair market value of the Utility Property, Parcel C, as of March 2014 is approximately $373,000; and - 1 - WHEREAS, the estimated fair market value of the Parks Property, Parcel D, as of March 2014 is approximately $358,000; and WHEREAS, in order to avoid interruption of utility services, Utility staff has requested that the Electric Utility, and its permittees and assigns, retain a reservation of all rights to access the substation facilities via the access road identified on Exhibit "A" as "Substation Drive", and those existing access alignments for the benefit of the Utility across Parcel C, reflected on Exhibit "A" as "Secondary Access Road and Entrance"; and WHEREAS, for any access alignment depicted on Exhibit "A' that is not of record, the City shall file with the Larimer County Clerk & Recorder's Office a Notice describing such access alignment; and WHEREAS, Parcel C, as transferred to the Parks Department, shall remain encumbered by all easements and access alignments of record, including those for the benefit'of Platte River Power Authority ("Platte River"), Public Service Company, and Western Slope Gas Company; additional, creation and/or transfer of easements will be subject to City Council approval by ordinance; and ` WHEREAS, Parcel C, as transferred to the Parks Department, shall remain subject to the right of Platte River to obtain access to Parcel B, pursuant to the Amended Contract for the Supply of Electric Power and Energy, dated September 1, 2010, as amended from time to time, between Platte River and the City; and WHEREAS, upon exchange of the real property interests as described herein, the Electric Utility shall provide and maintain available for Parks Department purposes at a separate location secure storage space comparable to that available on Parcel D, as well as inventory control for the storage of park maintenance materials and equipment; and WHEREAS, staff has recommended that the City Council consider and treat the exchange of interests in Parcels C and D to be an equivalent transaction, and require no additional remuneration, due to the comparable values of the parcels; the value of the access reservation of rights retained by the Utility Department; their greater development and use potential upon exchange, relative to the services each department provides; and additional benefits the Parks Department and Electric Utility will each realize by the exchange; and WHEREAS, approval of a separate shared access easement with the Public Service Company across a portion of Parcel C is coming before Council under a separate action item; and WHEREAS, Section 23-111 of the City Code provides that City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City will not materially impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: . - 2 - Section 1. That transfer of"Parcel C", as reflected on Exhibit "A" attached hereto, by the Electric Utility to the Parks Department, in exchange 'for the Parks Department transfer of "Parcel D" to the Electric Utility under the terms listed above will not materially impair the viability of any City utility system of which such property is a part, will benefit the City's utility customers, and is in the best interests of the City; and Section 2: That, based on the comparable real property values of the respective parcels, the greater development and use potential of the parcels upon exchange, relative to the services each department provides, the value of the reservation of rights retained by the Electric Utility, the Electric Utility's provision of secure storage and ancillary services for the Parks Department, and the mutual benefits to each department that would be achieved by the exchange, the exchange will be deemed an equivalent transaction and no monetary compensation will be required to make either department whole; and Section 3. That the City Manager is hereby authorized to execute such documents as are necessary to complete the transfer of the 9.33 acre Utility Property to the Parks Department, and the transfer of the 3.03 acre Parks Property to the Electric Utility, on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City and effectuate the purposes of this Ordinance, including but not limited to any necessary changes to the legal descriptions of the subject parcels and reservations of access alignments. Introduced, considered favorably on first reading, and ordered published this 19th day of August, A.D. 2014, and to be presented for final passage on the 2nd day of September, A.D. 2014. Mayor ATTEST: oF pORT CO La City Clerk p cOLORFO _ 3 _ Passed and adopted on final reading on the 2nd day of September, A.D. 2014. 9Sw.ia� w�zF��z' M yor ATTEST: OE FORTc .0 G( SEAL : City Clerk ! r��� �J'AA �/7 c®Gk* 4 EXHIBIT " All I IF II I J I I _ ATURAL RESOURCES I ;i �,..._ \\ It PARCEL + I I I I I I I I I SPRING CREEK / FLOODPWN STORMWATER DETENTION AREA � I I I I PARCEL C Lz 9933 ACRES M4 I , I I SECONDARY tr r; BSTATION ACCESS., iI POINT li e 11 �V 1 jY _ l ` M , PARCEL B 7. 43 ACRES I w FF j N III 1 I xCEL N DRIVE XCEL SECONDARY SUBSTATION SUBSTATION A ROAD SUBSTATION DRIVE I ACCESS — _ — — I IRF TRY DRIVE i m• M r + PARCEL A ! 3. 16 ACRES PHA z PARKS PARCEL s VICE (APPRO)OMATE) ACCESS k r PARCEL D 3. 03 ACRES � I PHASE 1 ', TEMPORARY ACCESS Y �� TO PARCEL D I , I I � illl I 'I • .,.•�- 75 O 75 150 SCALE: I " e 150' t j II Exhibit"B" Page 1 of 5 DESCRIPTION OF PARCEL A A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 7 NORTH, . RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE RULE AND ORDER RECORDED MAY 3, 1973 IN BOOK 1552, PAGE 62; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SECTION 19, AND CONSIDERING SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S00003'29"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS SOUTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, S00003'29"W, A DISTANCE OF 1,631.18 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 1552, PAGE 62; THENCE ALONG SAID EASTERLY PROLONGATION AND ALONG SAID SOUTH LINE, S88022'29"W, A DISTANCE OF 108.05 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD AS DESCRIBED IN CITY OF FORT COLLINS ORDINANCE NO. 181, 2013, RECORDED JANUARY 21, 2014 AT RECEPTION NO. 20140003332, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES: 1. S88022'29"W,A DISTANCE OF 418.89 FEET; 2. S14011'39"W,A DISTANCE OF 110.27 FEET; THENCE N00004'02"E, A DISTANCE OF 400.00 FEET; THENCE S89056'31"E, A DISTANCE OF 373.58 FEET; THENCE N00003'29"E, A DISTANCE OF 115.16 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND CONVEYED DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20090044122; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AND ALONG THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20090044114, S89056'31"E, A DISTANCE OF 72.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD AS DESCRIBED IN SAID ORDINANCE NO. 181, 2013; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, S00003'29"W, A DISTANCE OF 395.92 FEET TO THE POINT OF BEGINNING. CONTAINING 137,747 SQUARE FEET (3.162 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND, 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. 00 REG/Sr of . 0 31169 D O JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 mssoN���y FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX'580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Light&Poweffimberline-Prospect Sub Parcels\Legals\Parcel A.doc Exhibit"B" Page 2 of 5 DESCRIPTION OF PARCEL B A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE RULE AND ORDER RECORDED MAY 3, 1973 IN BOOK 1552, PAGE 62; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SECTION 19, AND CONSIDERING SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S00°03'29"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4-- ALUMINUM CAP STAMPED LS 34995, AND ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, S00°03'29"W, A DISTANCE OF 789.07 FEET; THENCE N89056'31"W, A DISTANCE OF 108.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD AS DESCRIBED IN CITY OF FORT COLLINS ORDINANCE NO. 181, 2013, RECORDED JANUARY 21, 2014 AT RECEPTION NO. 20140003332; THENCE S36029'23"W, A DISTANCE OF 308.33 FEET TO THE POINT OF BEGINNING; THENCE S43025'58"W, A DISTANCE OF 130.63 FEET; THENCE S00003'23"W, A DISTANCE OF 134.01 FEET; THENCE N89°48'49"W, A DISTANCE OF 418.99 FEET; THENCE N45°11'52"W, A DISTANCE OF 88.51 FEET; THENCE N00°07'43"E, A DISTANCE OF 217.90 FEET; THENCE N42039'50"E, A DISTANCE OF 52.78 FEET; THENCE N00022'37"E, A DISTANCE OF 149.34'FEET; THENCE N45010'44"E, A DISTANCE OF 270:83 FEET; THENCE S89054'19"E, A DISTANCE OF 255.40 FEET; THENCE S44050'25"E, A DISTANCE OF 125.52 FEET; THENCE S0001513"W, A DISTANCE OF 342.39 FEET TO THE POINT OF BEGINNING. CONTAINING 323,768 SQUARE FEET (7.433 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. 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. p0 REG (.t JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 69 0:. . FOR AND ON BEHALF OF THE CITY OF FORT COLLINS .. >.n P.O. BOX 580, FORT COLLINS, CO 80522 5 2 Zp�y �o 4.5 S�QyAL�N0 S:\Engineering\Departments\SuweyAProiects\Light 8 Power\Timbedine-Prospect Sub Parcels\Legals\Parcel B.doc Exhibit "B" Page 3 of 5 DESCRIPTION OF PARCEL C A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE RULE AND ORDER RECORDED MAY 3, 1973 IN BOOK 1552, PAGE 62; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SECTION 19, AND CONSIDERING SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S00°03'29"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, S00°03'29"W, A DISTANCE OF 789.07 FEET; THENCE N89056'31"W, A DISTANCE OF 108.00 FEET TO A POINT HEREINAFTER KNOWN AS POINT"A", LYING ON THE WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD AS DESCRIBED IN CITY OF FORT COLLINS ORDINANCE NO. 181, 2013, RECORDED JANUARY 21, 2014 AT RECEPTION NO. 20140003332, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD, S00°03'29"W, A DISTANCE OF 302.60 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, N89056'3111W, A DISTANCE OF 5.99 FEET TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO PUBLIC SERVICE COMPANY BY DEED RECORDED AT RECEPTION NO. 20090044122; THENCE ALONG THE NORTH LINE OF SAID PARCEL, N89056'31"W, A DISTANCE OF 66.01 FEET TO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE WEST LINE OF SAID PARCEL AND ITS SOUTHERLY PROLONGATION, S00°03'29"W, A DISTANCE OF 261.92 FEET; THENCE N89056'31"W, A DISTANCE OF 373.58 FEET; THENCE S74031'27"W, A DISTANCE OF 390.31 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, N00013'49"E, A DISTANCE OF 930.46 FEET TO A POINT ON THE CENTERLINE OF SPRING CREEK; THENCE ALONG SAID CENTERLINE THE FOLLOWING TEN (10) COURSES: 1. N81°47'59"E, A DISTANCE OF 25.01 FEET; 2. N55023'07"E, A DISTANCE OF 65.37 FEET; 3. N73033'28"E, A DISTANCE OF 65.46 FEET; 4. 40.17 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 57°32'24",AND A CHORD WHICH BEARS N44047'16"E A DISTANCE OF 38.50 FEET; 5. 56.86 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 53.49 FEET, A CENTRAL ANGLE OF 60-54-18", AND A CHORD WHICH BEARS N46028'13"E, A DISTANCE OF 54.22 FEET; 6. N76.55-21"E, A DISTANCE OF 66.95 FEET; 7. N64032'52"E, A DISTANCE OF 150.27 FEET; 8. 46.84 FEET.ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 44.43'51", AND A CHORD WHICH BEARS N86054'47"E A DISTANCE OF 45.66 FEET; 9. S70043'17"E, A DISTANCE OF 51.11 FEET; Exhibit"B" Page 4 of 5 10. N66002'41"E, A DISTANCE OF 24.70 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 547.70 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2,914.83 FEET,A CENTRAL ANGLE OF 10-45-58", AND A CHORD WHICH BEARS S32.27-21"E A DISTANCE OF 546.90 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: BEGINNING AT AFOREMENTIONED POINT"A"; THENCE S36029'23"W, A DISTANCE OF 308.33 FEET TO THE POINT OF BEGINNING; THENCE S43025'58"W, A DISTANCE OF 130.63 FEET; THENCE S00003'23"W, A DISTANCE OF 134.01 FEET; THENCE N89048'49"W, A DISTANCE OF 418.99 FEET; THENCE N45011'52"W, A DISTANCE OF 88.51 FEET; THENCE N00007'43"E, A DISTANCE OF 217.90 FEET; THENCE N42039'50"E, A DISTANCE OF 52.78 FEET; THENCE N00022'37"E, A DISTANCE OF 149.34 FEET; THENCE N45010'44"E, A DISTANCE OF 270.83 FEET; THENCE S89"54'19"E, A DISTANCE OF 255.40 FEET; THENCE S44050'25"E, A DISTANCE OF 125.52 FEET; THENCE S0001613"W, A DISTANCE OF 342.39 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 406,557 SQUARE FEET (9.333 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. 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. �0.REG�gT 0 3 69 0 JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 c*•.,5�'Z01 0 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS Fss ..,.. .... P.O. BOX 580, FORT COLLINS, CO 80522 Qvu tpNo S:\Engineering\Departments\Survey\Projects\Light&Power\Timbertine-Prospect Sub Parcels\Legals\Parcel C.dm , Exhibit"B" Page 5 of 5 DESCRIPTION OF PARCEL D A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE RULE AND ORDER RECORDED MAY 3, 1973 IN BOOK 1552, PAGE 62; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SECTION 19, AND CONSIDERING SAID EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S00°03'29"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4-- ALUMINUM CAP STAMPED LS 34995, AND ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, S00°03'29"W, A DISTANCE OF 1,631.18 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 1552, PAGE 62; THENCE ALONG.SAID EASTERLY PROLONGATION AND ALONG SAID SOUTH LINE, S88°22'29"W, A DISTANCE OF 526.94 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, S14011'39"W, A DISTANCE OF 110.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, S89°14'29"W, A DISTANCE OF 376,93 FEET (PREVIOUSLY RECORDED AS 379.23 FEET)TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NOO°13'49"E, A DISTANCE OF 300.85 FEET; THENCE N74031'27"E,A DISTANCE OF 390.31 FEET; THENCE S00004'02"W, A DISTANCE OF 400.00 FEET TO THE POINT OF BEGINNING. CONTAINING 131,900 SQUARE FEET (3.028 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. 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. �PpO REG/S o ... oti o 31169 n:`o I O P.L.S. 31169 FOR AND ON BEHALF OF THECITY O OF FORT COLLINS sssav ipsDy P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Light&Poweffimberline-Prospect Sub Parcels\Legals\Parcel D.doc