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HomeMy WebLinkAbout043 - 04/21/2015 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVE ORDINANCE NO. 043, 2015 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 PROSPECT ROAD AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Prospect Road and Timberline Road Intersection Improvements Project (the "Project") in 2016; and WHEREAS, the Project involves constructing turn lanes, medians, curbs, gutters, sidewalks, and other necessary improvements; and WHEREAS, the Project will improve the safety, operations, and air quality of 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 "I", 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 interest 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 in the public interest to acquire the Property Rights described herein for the purpose of constructing the Proj ect. 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 further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. - 1 - Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 2015, and to be presented for final passage on the 21st day /ofApril, A.D. 2015. fORTO J •"•• l t2 Ma or ATTEST: ° SEAL ;`" cOLORA°° City Clerk Passed and adopted on final reading on the 21 st day of April, A.D. 2015. ayor ATTEST: a+,of F�...°o O�ORA00: City Clerk - 2 - Exhibit "A" Page 1 of 2 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED BY TIMBERLINE STAR PROPERTIES, L.L.C. TO THE CITY OF FORT COLLINS A TEN FOOT WIDE STRIP 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 LOCATED WITHIN THAT PARCEL OF'LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED DECEMBER 22, 1994 AT RECEPTION NO. 940100658; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND CONSIDERING THE 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 S00003'29"W, A DISTANCE OF 1,632.07 FEET; THENCE N89056'31"W, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN SAID SPECIAL WARRANTY DEED: THENCE ALONG THE NORTH LINE OF SAID PARCEL, S88022'29"W, A DISTANCE OF 75.03 FEET TO THE POINT OF BEGINNING; THENCE S00024'46"E, A DISTANCE OF 180.82 FEET; THENCE S00012'17"W, A DISTANCE OF 200.41 FEET TO A POINT ON THE NORTH LINE OF LOT 1, TIMBERLINE CENTER SUBDIVISION; THENCE ALONG SAID NORTH LINE, S89°13'54"W, A DISTANCE OF 10.00 FEET; THENCE 1\100`12'17"E, A DISTANCE OF 200.52 FEET; THENCE N00024'46"W, A DISTANCE OF 180.56 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN SAID SPECIAL WARRANTY DEED; THENCE ALONG SAID NORTH LINE, N88022'29"E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3,812 SQUARE FEET (0.087 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 RF- JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 o FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 0 31 6 �:a S:\Engineering\Departments\Survey\Projects\Engineering\Timberline and Prospect\ Ate.3- & LEGALS%Timberline Star TCE.doc F L LKNA'D t Exhibit "A" Page 2 of 2 EXHIBIT OF TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED BY TIMBERLINE STAR PROPERTIES, L.L.C. TO THE CITY OF FORT COLLINS PT. OF COMMENCEMENT NE COR. SEC 19-7-68 FD 3-1/4" ALUM CAP STAMPED LS 34995 IN �mrc rcy MONUMENT BOX o n r�� $ o o=�ISmR VOvmZZ N88'22'29"E rPT. OF BEG. 10.00' S88'22'29"W N89'56'31"W 75.03' 30.00" 1 z 3 Ia W iv m to p Iw o o m MARCH 3, 2015 ODN _ a0 1"=60, a .- a 3 w m � N N N N o cn m I� memurlE srw AREA Z o N o PRrornnES uC 3812 S.F. qo 13 a less m lm. feP N o NEG N0, 941004100 BSB p� p K o� O 6Z Lo pp N W 6U Z I C_ W Im L 1- — F 0 C) 0 REG/ L N N oz 31169 0. p V;o D: K z n p ' 3- L-201.. ..... . J OryAL Nps THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE ATTACHED E 1/4 COR. PROPERTY DESCRIPTION. IT DOES NOT SEC 19-7-68 REPRESENT A MONUMENTED LAND SURVEY AS FD 3-1/4" ALUM DEFINED IN C.R.S. 38-51-102. IN THE EVENT CAP STAMPED LS OF DIFFERENCES BETWEEN THIS EXHIBIT AND 17497 IN MONUMENT THE ATTACHED PROPERTY DESCRIPTION, THE ( SB9'13'54"W BOX INFORMATION CONTAINED WITHIN THE ATTACHED 10.00' PROPERTY DESCRIPTION TAKES PRIORITY. lA Exhibit "B" Page 1 of 2 DESCRIPTION OF PROPERTY TO BE CONVEYED BY TIMBERLINE STAR PROPERTIES, L.L.C.TO THE CITY OF FORT COLLINS . A TRACT 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 PART OF THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED DECEMBER 22, 1994 AT RECEPTION NO. 94100658; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND CONSIDERING THE 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 3-1/41, 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 S00003'29"W. A DISTANCE OF 1,632.07 FEET; THENCE N89056'31"W, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN SAID SPECIAL WARRANTY DEED; THENCE ALONG THE NORTH LINE OF SAID PARCEL, S88°22'29"W, A DISTANCE OF 31.53 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN THE DEED OF DEDICATION FOR RIGHT OF WAY RECORDED JULY 21. 2006 AT RECEPTION NO. 20060055113, THE FOLLOWING THREE (3) COURSES: 1. S02009'52"W, A DISTANCE OF 44.61 FEET; 2. S02042'21"W, A DISTANCE OF 237.35 FEET; 3. SO8`29'50"W, A DISTANCE OF 101.71 FEET TO A POINT ON THE NORTH LINE OF LOT 1, TIMBERLINE CENTER SUBDIVISION; THENCE ALONG SAID NORTH LINE, S89°13'54"W,-A DISTANCE OF 14.97 FEET; THENCE N00012'17"E, A DISTANCE OF 200.41 FEET: THENCE N00024'46"W, A DISTANCE OF 180.82 FEET TO A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN AFOREMENTIONED SPECIAL WARRANTY DEED; THENCE ALONG SAID NORTH LINE, N88022'29"E, A DISTANCE OF 43.50 FEET TO THE POINT OF BEGINNING. CONTAINING 12,470 SQUARE FEET (0.286 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 8EG JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 0 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS 0: P.O. BOX 580. FORT COLLINS, CO 80522 0 6 0 C O P A . � S.'�engingering\departmentslsurveylprojects\engineering\timberline and prospect\ Legals\timberline star row.doc `r5;'p II'POD Exhibit "B" Pa e 2 of 2 EXHIBIT OF PROPERTY TO BE CONVEYED BY TIMBERLINE STAR PROPERTIES, L.L.C. TO THE CITY OF FORT COLLINS PT. OF COMMENCEMENT . NE COR. SEC 19-7-68 U^ TO 3-1/4" ALUM CAP a STAMPED LS 34995 IN MONUMENT BOX 0 o��gmr V O.Q.imZZ N88'22'29"E PT. OF BEG. 43.50' S88'22'29"W N 31.53' N89'56'31"W 30.00' 52'09'S2"W 44.61' z Iw N Im Im c 0 co MARCH 3, 2015 N a 1"=60' 3 m e m = a ` � N IO (N Z zo I N TIMEIMINE STM M o PRDPEATI6 LLC 7 3 1925 EQ NO. "I1�RD. N N p NEG NO. 1OO8J9 �uj h � ao 3 N w N N Z N _ 7 PROPOSED TEMP.C N I J NST. ENT. c TO aw I w E F - F O 0 I N Pp0 RE IJEN O %\ 169 Dr, . z _v°i SS��VAL N THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY 00 E 1/4 COR. REPRESENT AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT SEC 19-7- ` REPRESENT A MONUMENTED LAND SURVEY AS fD 3-1/4" A ALUM DEFINED'IN C.R.S. 38-51-102. IN THE EVENT CAP STAMPED LS OF DIFFERENCES BETWEEN.THIS EXHIBIT AND S89'13'54"W 17497 IN MONUMENT THE ATTACHED PROPERTY DESCRIPTION, THE 14.97' BOX INFORMATION CONTAINED WITHIN THE ATTACHED - PROPERTY DESCRIPTION TAKES PRIORITY. c vi Exhibit "C" Page 1 of 2 DESCRIPTION OF PROPERTY TO BE CONVEYED BY TERRY J. KEATING TO THE CITY OF FORT COLLINS A TRACT 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 PART OF THAT PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 16, 1997 AT RECEPTION NO. 97084062; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR, S89°1727"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S89017'27"W, A DISTANCE OF 199.78 FEET (PREVIOUSLY RECORDED AS 199.70 FEET); THENCE S00015'56"W, A DISTANCE OF 61.77 FEET (PREVIOUSLY RECORDED AS 62.00 FEET) TO A POINT ON THE NORTH BOUNDARY OF THE PARCEL DESCRIBED IN THE AFOREMENTIONED WARRANTY DEED, SAID POINT BEING THE POINT OF BEGINNING: THENCE ALONG THE NORTHERLY, EASTERLY AND SOUTHEASTERLY BOUNDARIES OF SAID PARCEL THE FOLLOWING THREE (3) COURSES: 1. S80018'26"E, A DISTANCE OF 71.68 FEET; 2. S27028'29"E, A DISTANCE OF 50.00 FEET; 3. S52031'31"W, A DISTANCE OF 48.75 FEET; THENCE N00012'28"E, A DISTANCE OF 39.23 FEET; THENCE N50034'22"W, A DISTANCE OF 44.56 FEET; THENCE N62000'38"W, A DISTANCE OF 39.22 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID PARCEL; THENCE ALONG SAID NORTH BOUNDARY, N89021'34"E, A DISTANCE OF 13.88 FEET TO THE POINT OF BEGINNING. CONTAINING 2,979 SQUARE FEET (0.068 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. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 R FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 / O 2' r 31169 n � o P 3-G-2o�S� S��AL Lp\a05 S:\Engineering\DepartmentsiSurvey\Projects\Engineering\Timberline and Prospect\ LEGALS\Keating ROW.doc Exhibit "C' Page 2 of 2 EXHIBIT OF PROPERTY TO BE CONVEYED BY TERRY J. KEATING TO THE CITY OF FORT COLLINS PT. OF COMMENCEMENT N 1/4 COR. SEC 19-7-68 NE COR. SEC 19-7-68 FD 3" ALUM. CAP FD 3-1 4 ALUM CAP STAMPED LS 20123 IN STAMPED LS 34995 IN MONUMENT BOX (REC. s 9z9'49'YO - MONUMENT BOX (BASIS OF BEARINGS) C. 199.' E . P R O S P E C T R D 3 3 (REC. 199.70') mw ono N89'21'34"E 13.88' v0 -O PT. OF BEG. AREA S80'18'26" 2979 S.F. ROPE E9 T. TO �1.68, E an. REC. NO N62'00'38"W 2006000Rw2 39.22' t Ha 1 T d` TING REAL. NO. R]7084052 1 W 00 -AN A ' ( r m c�hryNO m� z �$ m c vO m� O C b� D p f o IN m' 9 <m N A 2 N m o= N CITY a FORT GOWNS m O m 2"P. 1103 p m 0 wn P A lml O I O$ P w E P 9 00 REG/ 0 31169 n: a PC�,.,.3 THIS EXHIBR'S SOLE INTENT IS TO GRAPHICALLY REPRESENT AND %A'AL LANO�' . AUGMENT THE ATTACHED PROPERTY DESCRIPTION, IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN THIS MARCH 3, 2015 E 1/4 COR. SEC 19-7-68 EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE 1"=60' FD 3-1/4" ALUM CAP INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY - STAMPED LS 17497 IN - DESCRIPTION TAKES PRIORITY. MONUMENT BOX c c N Exhibit "D" Page 1 of 2 DESCRIPTION OF SLOPE EASEMENT TO BE CONVEYED BY TERRY J. KEATING TO THE CITY OF FORT COLLINS A TRACT 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 LOCATED WITHIN THAT PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 16, 1997 AT RECEPTION NO. 97084062; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S89°17'27"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4'. ALUMINUM CAP STAMPED LS 34995, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S89017'27"W, A DISTANCE OF 171.79 FEET; THENCE S00042'33"E, A DISTANCE OF 87.75 FEET TO THE POINT OF BEGINNING; THENCE S50034'22"E, A DISTANCE OF 33.43 FEET; THENCE S00012'28"W, A DISTANCE OF 39.23 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE PARCEL OF LAND DESCRIBED IN AFOREMENTIONED WARRANTY DEED; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, S52031'31"W, A DISTANCE OF 35.38 FEET: THENCE N00012'28"E, A DISTANCE OF 47.57 FEET; THENCE N50°34'22"W, A DISTANCE OF 53.39 FEET; THENCE N89019'39"E, A DISTANCE OF 43.47 FEET TO THE POINT OF BEGINNING. CONTAINING 2,431 SQUARE FEET (0.056 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. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 p REG FOR AND ON BEHALF OF THE CITY OF FORT COLLINS ST P.O. BOX 580, FORT COLLINS, CO 80522 Ep = .0 31169 D � L�NOSJ S:\Engineering\Departments\Survey\Projects\Engineering\Timberline and Prospect\ LEGALS\Keating Slope Esmt.doc Exhibit "D" Page 2 of'2 EXHIBIT OF SLOPE EASEMENT TO BE CONVEYED BY TERRY J. KEATING TO THE CITY OF FORT COLLINS PT. OF COMMENCEMENT NE COR. SEC 19-7-68 N 1 COR. SEC 19-7-68 FD 3-1 4 ALUM CAP FD 3"3" PLUM. CAP / " STAMPED LS 20123 IN STAMPED LS 34995 IN MONUMENT BOX MONUMENT BOX 89 7'27"W RITGS 7(BASIS IS OF BEARINGS) 171.79' E . PR0SPECT RD . w N r I � W O I Vl %OPE EGUT. To N89'1939"E poTYos REC.ooz 43.47' PT. OF BEG. _ _ - - - - - - - - - - S50'34'22"E 33.43' s AREA 2431 S.F. N50'34'22"W �e;geO TEWY 4 KFwvNG 53.39' �?fOc'1'L SO 8"W m aEa NO. 970e40e2 ory 39.23' NO'12'28"E I m z 47.57' S52'31'31"W 942 R' 35.38' A N O n C1 m;n A ik N >75 mT 3 � m oa N CITY OF FORT COLUNS SK. 23000 P. 1103 - �A 4� I c 1P m z F _A �a ZONE 4m y I _ p0 REG 9 O . '\jEN �Io 31169 n; V F o z i'1i- Fs .. THIS EXHIBITS SOLE INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT . REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN THIS MARCH 3, 2015 E 1/4 COR. SEC 19-7-68 EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE 1"=60' FD 3-1/4' ALUM CAP c INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY STAMPED LS 17497 IN DESCRIPTION TAKES PRIORITY. MONUMENT BOX c VI Exhibit "E" Page 1 of 2 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED BY TERRY J. KEATING TO THE CITY OF FORT COLLINS A TRACT 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 LOCATED WITHIN THAT PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED DECEMBER 16, 1997 AT RECEPTION NO. 97084062, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19. AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S89°17'27"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1l4" ALUMINUM ,CAP STAMPED LS 34995, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S89017'27"W, A DISTANCE OF 215.26 FEET; THENCE S00042'33"E, A DISTANCE OF 87.73 FEET TO THE POINT OF BEGINNING: THENCE S50034'22"E, A DISTANCE OF 53.39 FEET: THENCE S00012'28"W. A DISTANCE OF 47.57 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE AFOREMENTIONED WARRANTY DEED; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY, S52°31'31"W, A DISTANCE OF 25.27 FEET; THENCE N00012'28"E, A DISTANCE OF 53.52 FEET; THENCE N50034'22"W, A DISTANCE OF 67.65 FEET; THENCE N89019'39"E, A DISTANCE OF 31.05 FEET TO THE POINT OF BEGINNING. CONTAINING 2,222 SQUARE FEET (0.051 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 RE0 S JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 0 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 ° :0 3116 a K L LAt1O5 S:\Engineering\Departments�Suweyiprojects\EngineeringlTimberline and Prospect\ LEGALSVeating TCE.doc Exhibit "E" Page 2 of 2 EXHIBIT OF TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED BY TERRY J. KEATING TO THE CITY OF FORT COLLINS PT. OF COMMENCEMENT N 1 3" ALUM. CAP NE COR. SEC 19-7-68 FD 3" COR. SEC 19-7-68 FD 3-1/4" ALUM CAP STAMPED LS 20123 IN STAMPED LS 34995 IN MONUMENT BOX (REC. W"9'49-W) MONUMENT BOX S89'17'27"W 2646.67' (BASIS OF BEARINGS) 215.26' E . PR0SPECT RD . w N I < � I SLOPE ESMT. TO OTY. REC. NO N89'19'39"E PT. OF BEG. — — _ — — 2oos000eooz 31.05' _ 50'34'22"E q �53.39' oy� $ K S> �� m TERRY I 1 TING REC. NO. 97094062 W r Cq 0)Lo 2 n SO'12'28"W m to 47.57' �. T s � 5ytiti5ry f� o I o N mm IN y x z m \ O c N CITY OF FORT CIX11NS 9K. 2:00 P. 1103 p O o N _p I o$ 2 �m � I p0 REC,,, 9 Q � pi SS�ONAL LANO� THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY REPRESENT AND E AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN THIS MARCH 3, 2015 E 1/4 COR. SEC 19-7-68 EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE 1"=60' FD 3-1/4" ALUM CAP INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY STAMPED LS 17497 IN DESCRIPTION TAKES PRIORITY. MONUMENT BOX c Exhibit "F" Page 1 of 2 DESCRIPTION OF PROPERTY TO BE CONVEYED BY BLUE DAFFODIL, L.L.C. TO THE CITY OF FORT COLLINS A TRACT OF.LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING A PART OF THAT PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AUGUST 13, 2012 AT RECEPTION NO. 20120054687; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18 TO BEAR S89017'27"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S8901727"W, A DISTANCE OF 112.35 FEET; THENCE N00042'33"W, A DISTANCE OF 50.50 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD, SAID POINT BEING THE POINT OF BEGINNING; SAID THE NORTHERLY RIGHT-OF-WAY LINE, S89017'27"W,A DISTANCE OF 27.70 FEET TO A POINT ON THE EAST LINE OF THE "WEST PARCEL", DESCRIBED IN THE WARRANTY DEED TO THE CITY OF FORT COLLINS RECORDED JULY 13, 2006 AT RECEPTION NO. 20060052763; THENCE ALONG SAID EAST LINE. N00042'33"W, A DISTANCE OF 17.00 FEET; THENCE N52013'40"E, A DISTANCE OF 35.34 FEET; THENCE N15°37'08"E, A DISTANCE OF 49.30 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, S00°08'38"W. A DISTANCE OF 47.66 FEET TO A POINT ON THE NORTH BOUNDARY OF THE"EAST PARCEL" OF THE AFOREMENTIONED WARRANTY DEED; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID"EAST PARCEL",THE FOLLOWING SEVEN (7) COURSES: 1. N89°51'22"W, A DISTANCE OF 2.40 FEET; 2. S00008'38"W. A DISTANCE OF 12.64 FEET: 3. N89051'22"W, A DISTANCE OF 5.00 FEET: 4. S00008'38"W, A DISTANCE OF 5.00 FEET; 5. . S89°51'22"E, A DISTANCE OF 5.00 FEET; 6. S00°08'38"W, A DISTANCE OF 4.74 FEET; 7. 20.23 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 17.00 FEET, A CENTRAL ANGLE OF 68-11'53", AND A CHORD WHICH BEARS S34°14'25"W A DISTANCE OF 19.06 FEET TO THE POINT OF BEGINNING. CONTAINING 1,423 SQUARE FEET (0.033 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. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 00 REc/S FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580. FORT COLLINS, CO 80522 V S:\EngineednglDepartments\Survey%Projects\Engineering\Timberline and Prospect\ :p 3 69 0 LEGALS\BlueDaffodil ROW.docO'^ D LWO'� Exhibit 7" Page 2 of 2 EXHIBIT OF PROPERTY TO BE CONVEYED BY BLUE DAFFODIL LLC TO THE CITY OF FORT COLLINS E 1/4 COR. SEC 18-7-68 N / � I o I MARCH 3, 2015 / 1"=20' / Z J nf w U � I BLUE DAFFODIL LLC REC. NO. 201 200 546 87 o/ m 2 M m j Po in o IU y /oea/ Qo�P� I ' 'S�yN N89'51'22"W 2.40' N Fp0 REG/S / e� k0� SO'08'38"W 12.64' w y N89'51'22'W 5.00' / AREA SO'08'38"W 5,00' l o a 0 3 169 a o /1423 S.F. S89'51'22"E 5.00' Z P 91:�_6 'z�/5 a o/ SO'08'38"W L LAN / a r 4.74' o S89'17'27"W 27.70' R=17.00' - PT. OF BEG. o L=20.23' ChB=S34'14'25"W 3 ChL=19.06' - n N - S 1/4 COR. SEC 18-7-68 ? FD3" ALUM. CAP E PROSPECT RD z STAMPED LS 20123 IN MONUMENT BOX 112.35' Q / 589'17'27-W 2646.67' (BASIS OF BEARINGS) PT. OF COMMENCEMENT SE COR. SEC 18-7-68 c FO 3-1/4" ALUM CAP STAMPED LS 34995 IN THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE MONUMENT BOX ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION TAKES PRIORITY. c N Exhibit "G" Page 1 of 2 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED BY BLUE DAFFODIL, L.L.C.TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING LOCATED IN THAT PARCEL OF LAND DESCRIBED IN THE BARGAIN AND SALE DEED RECORDED AUGUST 13, 2012 AT RECEPTION NO. 20120054687: AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18 TO BEAR S89`17'27"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S89017'27"W, A DISTANCE OF 140.05 FEET; THENCE N00042'33"W, A DISTANCE OF 67.50 FEET TO THE NORTHEAST CORNER OF THE "WEST PARCEL", DESCRIBED IN THE WARRANTY DEED TO THE CITY OF FORT COLLINS RECORDED JULY 13. 2606 AT RECEPTION NO. 20060052763, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF SAID "WEST PARCEL", THE FOLLOWING FOUR (4) COURSES: 1. S89017'27"W. A DISTANCE OF 10.00 FEET; 2. S00042'33"E, A DISTANCE OF 12.00 FEET; 3. S89°17'27"W, A DISTANCE OF 11.17 FEET; 4. S00042'33"E, A DISTANCE OF 5.00 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S89017'27"W. A DISTANCE OF 17.93 FEET; THENCE N52013'40"E. A DISTANCE OF 73.48 FEET: THENCE N15037'08"E, A DISTANCE OF 82.12 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, S00008'38"W. A DISTANCE OF 37.48 FEET; THENCE S15037'08"W, A DISTANCE OF 49.30 FEET; THENCE S52013'40"W, A DISTANCE OF 35.34 FEET TO THE POINT OF BEGINNING. CONTAINING 1,308 SQUARE FEET (0.030 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. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 QUO REG/S FOR AND ON BEHALF OF THE CITY OF FORT COLLINS o' P.O. BOX 580, FORT COLLINS, CO 80522 2 ro;O 16 - S:\Engineering\Departments\Survey\Projects\Engineering\Timberline and Prospect\ �_ o LEGALS\BlueDaffodil TCE.doc — �s. Exhibit "G" Pa e 2 of 2 EXHIBIT OF TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED BY BLUE DAFFODIL LLC TO THE CITY OF FORT COLLINS E 1/4 COR. SEC 18-7-68 co NM 3 LINE TABLE co 00 LINE # BEARING DISTANCE o 0 (n L1 S89'17'27"W 10.00 o L2 SO'42'33"E 12.00 a MARCH 3, 2015 0 N L3 589'17'27"W 11.17 1"=20' CC) 14 SO'42'33"E 5.00 w o Z 15 S89'17'27"W 17.93 o _ a _h ; J • 4 w a 3 _ BLUE DAFFODIL LLC N o REG. NO. 20120054687 0 n _ F- i h E Q � IN a k N ,UO REGISr OO .i...... /V �' NOS ,.�•SN PROPOSED n .0 ,.��j y`I. TRACT TO BE p Al CC) ry y TONCIGTY D I z Z[ �po L7 ..... PT. OF BEG. a < 13 J � = p L5 3 n 'N O z S 1/4 COR. SEC 18-7-68 FD 3' ALUM. CAP STAMPED LS 20123 IN E . P R O S P E C T R D . MONUMENT BOX 140.05' 't Y / 58977'27 W 2646.67' (BASIS OF BEARINGS) PT. OF COMMENCEMENT SE COR. SEC 18-7-68 FD 3-1/4" ALUM CAP STAMPEDLS 34995 IN THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE MONUMENT BOX ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION TAKES PRIORITY. N Exhibit "H" Page 1 of 2 DESCRIPTION OF PROPERTY TO BE CONVEYED BY HRS FAMILY INVESTMENT CO., LLC TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING A PART OF THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED JANUARY 28, 2009 AT RECEPTION NO. 20090004733; BEING A PART OF LOT 1, PROSPECT-TIMBERLINE P.U.D. FIRST FILING; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17,AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 TO BEAR N00008'38"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 34995. AND ON ITS NORTH END BY A 2-1/2"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 N00'O8138"E, A DISTANCE OF 113.11 FEET(PREVIOUSLY RECORDED AS 113.07 FEET IN THE SPECIAL WARRANTY DEED TO THE CITY OF FORT COLLINS RECORDED NOVEMBER 17, 2006 AT RECEPTION NO. 20060087412); THENCE S89651'22"E, A DISTANCE OF 10.61 FEET(PREVIOUSLY RECORDED AS 11.00 FEET IN SAID SPECIAL WARRANTY DEED)TO THE POINT OF BEGINNING; THENCE N89'56'52"E, A DISTANCE OF 15.00 FEET; THENCE S00°03'08"E,A DISTANCE OF 21.34 FEET; THENCE S87'44'37"E,A DISTANCE OF 71.03 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF PROSPECT ROAD AS DESCRIBED IN SAID SPECIAL WARRANTY DEED (RECEPTION NO. 20060087412); THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE AND ALONG THE EAST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD, ALSO AS DESCRIBED IN SAID SPECIAL WARRANTY DEED, THE FOLLOWING SIX (6) COURSES: 1, 22.99 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 108.00 FEET. A CENTRAL ANGLE OF 12011'45",AND A CHORD WHICH BEARS S86'09'30"W A DISTANCE OF 22.95 FEET; 2. 40.26 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 2,276.01 FEET, A CENTRAL ANGLE OF 01'00'49", AND A CHORD WHICH BEARS S80`34'02"W, A DISTANCE OF 40.26 FEET; 3. N09003'01"W,A DISTANCE OF 7.74 FEET; 4. S8W53'46"W.A DISTANCE OF 3.00 FEET; 5. 1\153'48'53"W,A DISTANCE OF 23.78 FEET; 6. N00'03'08"W, A DISTANCE OF 11.05 FEET TO THE POINT OF BEGINNING. CONTAINING 553 SQUARE FEET(0.013 ACRES), MORE OR LESS. AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. IT IS THE INTENT OF THIS DESCRIPTION THAT THE NORTHERLY BOUNDARY OF THE TRACT HEREIN DESCRIBED BE LOCATED BY THE BEARINGS AND DISTANCES SHOWN HEREON, AS RELATED TO THE SECTION LINES SHOWN. SAID NORTHERLY BOUNDARY'S POSITION IS NOT TO BE AFFECTED BY CALLS TO THE BOUNDARY DESCRIBED IN THE SPECIAL WARRANTY DEED TO THE CITY OF FORT COLLINS RECORDED NOVEMBER 17, 2006 AT RECEPTION NO. 20060087412. 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. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 00 REG FOR AND ON BEHALF OF THE CITY OF FORT COLLINS 0 JE F P.O. BOX 580, FORT COLLINS, CO 80522 n _ m S:\Engineering\Departments\Survev\Projects\Engineenng\Timberline and Prospect\ O 31169 0: " LEGALSiHRS Family Investment ROW.doc P :3—6 _Zu7S O 91'. S��'t'AL LANO2 Exhibit "H" Page 2 of 2 EXHIBIT OF PROPERTY TO BE CONVEYED BY HRS FAMILY INVESTMENT CO., LLC TO THE CITY OF FORT COLLINS W 1/4 COR. SEC 17-7-68 FD 2-1/2" ALUM CAP STAMPED LS 17497 IN MONUMENT BOX 0 Q O N Z w <I MARCH 3, 2015 Z m 1"=20' 0 - o J N � VI w m LOT 1 's m PROSPECT-11MBERUNE P.U.D. p NI FIRST RUNG _ NI HRS FAMILY INVESTMENT CO., LLC LINE TABLE L- O REC. NO. 2009OW4733 s LINE BEARING DIST. RECORD w DIST. _o N89'56'S2"E L1 S89'51'22"E 10.61 11.00 E o 15.00' z L1 L2 NO'03'08"W 11.05 J 00 ' RECORD DISTANCE PER REC. 0 M N0. 20060087412 ABS PROPOSED TEMPORARY CONSTRUCTION EASEMENT 3�Y S8T44'37"E 77.03' AREA o� 553 S.F. a=12'1145" N S80'S3'46"W =10049" R=108.00' 3.00' R=2276.01' L=22.99' N9'03'01"W L=40.26' ChB=S86'09'30"W 7.74' ChB=S80'34'02"W ChL=22.95' s w ChL=40.26' a PT. OF COMMENCEMENT E . P R O S P E C T R D . SW COR. SEC 17-7-68 FD 3-1/4" ALUM CAP STAMPED LS 34995 IN MONUMENT BOX W 1/4 COR. S89'25'52"E 264.9.05' SEC 17-7-68 d 00 REG/& THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY vT'� REPRESENT AND AUGMENT THE ATTACHED PROPERTY v DESCRIPTION. IT DOES NOT REPRESENT A ` MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. • :p 'I ' : 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY ..3 r DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION TAKES PRIORITY. Si - ` JAL LAN05 C N Exhibit "I" Page 1 of 2 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED BY HRS FAMILY INVESTMENT CO., LLC TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 17. TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING LOCATED WITHIN THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED JANUARY 28, 2009 AT RECEPTION NO. 20090004733: BEING LOCATED WITHIN LOT 1, PROSPECT-TIMBERLINE P.U.D. FIRST FILING; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 TO BEAR N00008'38"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34995, AND ON ITS NORTH END BY A 2-1/2" 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 N00008'38"E, A DISTANCE OF 113.09 FEET (PREVIOUSLY RECORDED AS 113.07 FEET IN THE SPECIAL WARRANTY DEED TO THE CITY OF FORT COLLINS RECORDED NOVEMBER 17, 2006 AT RECEPTION NO. 20060087412); THENCE S89051'22"E, A DISTANCE OF 5.61 FEET (PREVIOUSLY RECORDED AS 6.00 FEET) TO THE A POINT ON THE EAST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD AS SHOWN ON PROSPECT-TIMBERLINE P.U.D FIRST FILING, SAID POINT BEING THE POINT OF BEGINNING: THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, N00003'16"W, A DISTANCE OF 10.00 FEET; THENCE N89056'52"E, A DISTANCE OF 30.00 FEET; THENCE S00003'08"E, A DISTANCE OF 21.74 FEET; THENCE S87044'37"E, A DISTANCE OF 94.22 FEET; THENCE S02015'23"W, A DISTANCE OF 8.74 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF PROSPECT ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 25.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 93.00 FEET, A CENTRAL ANGLE OF 1502616", AND A CHORD WHICH BEARS S88042'46"W A DISTANCE OF 24.98 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 7.87 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 108.00 FEET, A CENTRAL ANGLE OF 04010'31", AND A CHORD WHICH BEARS N85039'22"W, A DISTANCE OF 7.87 FEET; THENCE N87044'37"W, A DISTANCE OF 71.03 FEET; THENCE N00003'08"W, A DISTANCE OF 21.34 FEET; THENCE S89056'52"W, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,458 SQUARE FEET (0.033 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. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 00 RED FOR AND ON BEHALF OF THE CITY OF FORT COLLINS ST, P.O. BOX 580, FORT COLLINS, CO 80522 Q � e S:\Engineering\Depanments\Survey\Projects\Engineering\Timberline and Prospect\ p'. a,p LEGALS\HRS Family Investment TCE.doc �'\'AL LAN05 Exhibit 'Y" Pa e 2 of 2 EXHIBIT OF TEMPORARY CONSTRUCTION EASEMENT 'TO BE CONVEYED BY HRS FAMILY INVESTMENT CO., LLC W 1/4 CDR. TO THE CITY OF FORT COLLINS SEC 17-7-68 FD 2-1/2" ALUM CAP STAMPED LS 17497 IN MONUMENT BOX 0 Q O � Z Z w a I MARCH 3, 2015 Z m 1"=20' 0 — o J mm Q N Q W m 's m LOT 1 m N I PROSPECT-TIMBERUNE P.U.D. _ a FIRST RUNG a ~ n 13 HRS FAMILY INVESTMENT CO., LLC N89'56'52"E 30.00' ^ REC. NO. 20C190004733 w r- h 06 N 0 o z w z S8956'52"W 03 �0.00' "t r) 589'51'22"E N o 5.61' 3 1n S87'44'37"E 94.22' 3 RECORD: 6.00' COO e AREA N_ \0 J, S.F. r n O N ¢7 a r Z PROPOSED TRACT N87'44'37"W 71.03' TO BE CONVEYED o TO CITY ' na C=4'10'31" R=108.00' os o o L=7.87' 15'26'16" o ChB=N85'39'22"W R=93.00' w L=25.06' p ChL=7.87' ChB=S88'42'46"W w ChL=24.98' E . PR0SPECT RD PT. OF COMMENCEMENT SW COR. SEC 17-7-68 FD 3-1/4" ALUM CAP STAMPED LS 34995 IN MONUMENT BOX 7 W 1/4 COR. S89'25'52"E 2649.05' —F SEC 17-7-68 0 Cn` THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN 9_o 31169 0. THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION TAKES PRIORITY. _ S/01'ALLAN05J