HomeMy WebLinkAbout1996-018-02/20/1996-BRUNSWIG COLLEGE/DRAKE INTERSECTION EMINENT DOMAIN PROCEEDINGS ESKIN GARTON GHENT KEY BANK SINCLAIR RESOLUTION 96-18
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LAND NECESSARY FOR THE CONSTRUCTION OF
THE COLLEGE/DRAKE INTERSECTION IMPROVEMENTS
WHEREAS,on March 7, 1989,the votes of the City approved the imposition of an additional
quarter-cent sales and use tax for the purpose of funding certain capital projects (the "Choices 95
Projects"); and
WHEREAS,included among the Choices 95 Projects were certain Streets and Transportation
Capital Projects, which included the addition of double left turn lanes on College, a right turn lane
at the southeast comer of the intersection,curb and gutter, medians, and storm sewer, traffic signal,
and landscaping improvements, and other related improvements at the intersection of College
Avenue and Drake Road; and
WHEREAS, the 1996 Budget approved by the Council on November 7, 1995, appropriates
$756,000 for 1996 for the completion of such proposed improvements to the College/Drake
Intersection; and
WHEREAS, Ordinance No. 6, 1996, which was adopted by the Council on Second Reading
on this the 20th of February, 1996, appropriates an additional $500,000.00 for further improvements
to the College/Drake Intersection, including on-street bicycle lane improvements on East Drake, and
a sidewalk on West Drake; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of construction of streets, utilities,pedestrian and bicycle improvements, and related
improvements, in connection with the College/Drake Intersection; and
WHEREAS, the City has previously negotiated in good faith for the acquisition of said
properties from the owners thereof, which negotiations have been unsuccessful; and
WHEREAS, the acquisition of the properties is desirable and necessary for the construction
of the improvements, is in the public interest and enhances the public health, safety and welfare; and
WHEREAS, the acquisition of such properties may, by law, be accomplished through
proceedings in eminent domain.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the public
interest to acquire the real property described on attached Exhibit "A", pages 1 to 38, which is
incorporated herein by this reference(the"Property"),for the purpose of constructing street,utilities,
bicycle and pedestrian improvements, and related improvements, at the intersection of College
Avenue and Drake Road in connection with the above-described properties.
Section 2. That the City Council hereby authorizes the City Attorney and other appropriate
officials of the City to acquire the Property for the City by eminent domain proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of any
parcel described in this Resolution is commenced, that immediate possession of the Property is
necessary for the public health, safety and welfare.
Passed and adopted at a regular meeting of the City Council held this 20th day of February,
A.D. 1996.
Mayor
ATTEST:
.
City Clerk T(S
EXHIBIT "A"
Page 1 of 38
DESCRIPTION OF THE SW PRODUCTION COMPANY FEE SIMPLE
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
a portion of that certain tract of land as described in a General
Warranty Deed dated June 29 , 1984 and recorded in Book 2278 at Page
609 records of the Clerk and Recorder of the said Larimer County,
the said tract is also a portion of Tracts 1 and 2 of the Plat of
K-Mart Plaza, a plat of record with the said Clerk and Recorder,
more particularly described as follows;
Commencing at the northeast corner of the said Plat of K-Mart
Plaza, the said northeast corner is also the northeast corner of
Tract 4 of the said plat;
THENCE along the east line of the said Tract 4 and Tract 2 ,
South 00 degrees 06 minutes 37 seconds West for a distance of
198 .96 feet to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east line and along the east
line of the said Tract 1, South 00 degrees 06 minutes 37 seconds
West for a distance of 441. 04 feet to the south line of the said
Tract 1;
THENCE along the said south line, North 89 degrees 43 minutes
49 seconds West for a distance of 22 . 84 feet;
THENCE leaving the said south line, North 00 degrees 01
minutes 59 seconds East for a distance of 53 . 65 feet;
THENCE along a curve to the right having a radius of 310. 50
feet a central angle of 02 degrees 06 minutes 12 seconds and an arc
length of 11. 40 feet, being subtended by a chord of North 01
degrees 05 minutes 05 seconds East for a distance of 11. 40 feet;
THENCE North 02 degrees 08 minutes 11 seconds East for a
distance of 129 . 35 feet;
THENCE along a curve to the left having a radius of 60. 00 feet
a central angle of 12 degrees 27 minutes 25 seconds and an arc
length of 13 . 04 feet, being subtended by a chord of North 04
degrees 05 minutes 31 seconds West for a distance of 13 . 02 feet;
THENCE along a curve to the right having a radius of 67. 00
feet a central angle of 09 degrees 58 minutes 48 seconds and an arc
length of 11. 67 feet, being subtended by a chord of North 05
degrees 19 minutes 49 seconds West for a distance of 11. 66 feet;
THENCE North 00 degrees 20 minutes 25 seconds West for a
distance of 131. 67 feet;
THENCE along a curve to the right having a radius of 60. 00
feet a central angle of 24 degrees 23 minutes 40 seconds and an arc
length of 25 . 55 feet, being subtended by a chord of North 11
degrees 51 minutes 25 seconds East for a distance of 25 . 35 feet;
THENCE along a curve to the left having a radius of 60.00 feet
a central angle of 21 degrees 55 minutes 03 seconds and an arc
length of 22 . 95 feet, being subtended by a chord of North 13
degrees 05 minutes 43 seconds East for a distance of 22 .81 feet;
THENCE North 02 degrees 08 minutes 11 seconds East for a
EXHIBIT "A"
Page 2 of 38
distance of 43 . 39 feet;
THENCE South 89 degrees 53 minutes 23 seconds East for a
distance of 9 .42 feet to the point of beginning. Containing 8539
square feet (0. 196 Acres) 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
EXHIBIT "A"
Page 3 of 38
DESCRIPTION OF THE SW PRODUCTION COMPANY TEMPORARY CONSTRUCTION
EASEMENT
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 Temporary Construction Easement is a portion of that
certain tract of land as described in a General Warranty Deed dated
June 29, 1984 and recorded in Book 2278 at Page 609 records of the
Clerk and Recorder of the said Larimer County, the said Temporary
Construction Easement is also a portion of Tracts 1 and 2 of the
Plat of K-Mart Plaza, a plat of record with the said Clerk and
Recorder, more particularly described as follows;
Commencing at the northeast corner of the said Plat of K-Mart
Plaza, the said northeast corner is also the northeast corner of
Tract 4 of the said plat;
THENCE along the east line of the said Tract 4 and Tract 2 ,
South 00 degrees 06 minutes 37 seconds West for a distance of
191. 38 feet to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east line, South 00 degrees
06 minutes 37 seconds West for a distance of 7 . 58 feet to the
northerly line of the proposed fee simple tract to be deeded to the
said City of Fort Collins;
THENCE along the said northerly line and along the westerly
line of the said proposed tract the following ten (10) courses and
distances, (1) North 89 degrees 53 minutes 23 seconds West for a
distance of 9 . 42 feet;
(2) South 02 degrees 08 minutes 11 seconds West for a distance
of 43 . 39 feet;
(3) along a curve to the right having a radius of 60. 00 feet
a central angle of 21 degrees 55 minutes 03 seconds and an arc
length of 22 . 95 feet, being subtended by a chord of South 13
degrees 05 minutes 43 seconds West for a distance of 22 . 81 feet;
(4) along a curve to the left having a radius of 60. 00 feet a
central angle of 24 degrees 23 minutes 40 seconds and an arc length
of 25 . 55 feet, being subtended by a chord of South 11 degrees 51
minutes 25 seconds West for a distance of 25. 35 feet;
(5) South 00 degrees 20 minutes 25 seconds East for a distance
of 131. 67 feet;
(6) along a curve to the left having a radius of 67 . 00 feet a
central angle of 09 degrees 58 minutes 48 seconds and an arc length
of 11. 67 feet, being subtended by a chord of South 05 degrees 19
minutes 49 seconds East for a distance of 11. 66 feet;
(7) along a curve to the right having a radius of 60 . 00 feet
a central angle of 12 degrees 27 minutes 25 seconds and an arc
length of 13 . 04 feet, being subtended by a chord of South 04
degrees 05 minutes 31 seconds East for a distance of 13 . 02 feet;
(8) South 02 degrees 08 minutes 11 seconds West for a distance
of 129 . 35 feet;
(9) along a curve to the left having a radius of 310 . 50 feet
EXHIBIT "A"
Page 4 of 38
a central angle of 02 degrees 06 minutes 12 seconds and an arc
length of 11.40 feet, being subtended by a chord of South 01
degrees 05 minutes 05 seconds West for a distance of 11.40 feet;
(10) South 00 degrees 01 minutes 59 seconds West for a
distance of 53 . 65 feet to the south line of the said Tract 1;
THENCE along the said south line of Tract 1, North 89 degrees
43 minutes 49 seconds West for a distance of 42. 05 feet;
THENCE leaving the said south line, North 00 degrees 05
minutes 13 seconds West for a distance of 78.42 feet;
THENCE North 90 degrees 00 minutes 00 seconds West for a
distance of 18 .37 feet;
THENCE North 00 degrees 17 minutes 36 seconds West for a
distance of 325. 00 feet;
THENCE South 90 degrees 00 minutes 00 seconds East for a
distance of 33 .74 feet;
THENCE North 00 degrees 01 minutes 59 seconds East for a
distance of 45. 00 feet;
THENCE South 89 degrees 53 minutes 23 seconds East for a
distance of 52. 14 feet to the point of beginning. Containing 26431
square feet (0. 607 Acres) 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
EXHIBIT "A"
Page 5 of 38
LOCATION SKETCH - SW PRODUCTION COMPANY
NNE CORNER NOTE:
TRACT 4 THIS SKETCH AND THE AREAS
K-MART PLAZA SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
ANO 00 NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
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EXHIBIT "A"
Page 6 of 38
DESCRIPTION OF THE GARTON FEE SIMPLE
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
a portion of that certain tract of land as described in a Quit
Claim Deed dated May 13 , 1993 and recorded at Reception No.
93030676 records of the Clerk and Recorder of the said Larimer
County, the said tract is also a portion of Lot 1 Block 1 of the
Plat of Jiffylube P.U.D. , a plat of record with the said Clerk and
Recorder, more particularly described as follows;
Commencing at the southwest corner of the said Lot 1 Block 1
Jiffylube P.U.D. ;
THENCE along the south line of the said Lot 1, South 89
degrees 43 minutes 49 seconds East for a distance of 124.33 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said south line of Lot 1, South 89
degrees 43 minutes 49 seconds East for a distance of 15. 70 feet;
THENCE along the easterly line of the said Lot 1, North 44
degrees 54 minutes 09 seconds East for a distance of 42 . 54 feet
(platted as 42 . 33 feet) ;
THENCE continuing along the said easterly line of Lot 1, North
00 degrees 06 minutes 37 seconds East for a distance of 130.05 feet
to the northeast corner of the said Lot 1;
THENCE along the said north line of Lot 1, North 89 degrees 43
minutes 49 seconds West for a distance of 22.84 feet;
THENCE leaving the said north line, South 00 degrees 01
minutes 59 seconds West for a distance of 142 . 66 feet;
THENCE South 52 degrees 42 minutes 17 seconds West for a
distance of 28.98 feet to the point of beginning. Containing 3395
square feet (0. 078 Acres) 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
EXHIBIT "A"
Page 7 of 38
DESCRIPTION OF THE GARTON TEMPORARY CONSTRUCTION EASEMENT
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 Temporary Construction Easement is a portion of that
certain tract of land as described in a Quit Claim Deed dated May
13 , 1993 and recorded at Reception No. 93030676 records of the
Clerk and Recorder of the said Larimer County, the said Temporary
Construction Easement is also a portion of Lot 1 Block 1 of the
Plat of Jiffylube P.U.D. , a plat of record with the said Clerk and
Recorder, more particularly described as follows;
Commencing at the southwest corner of the said Lot 1 Block 1
Jiffylube P.U.D. ;
THENCE along the south line of the said Lot 1, South 89
degrees 43 minutes 49 seconds East for a distance of 124.33 feet to
the southerly line of the proposed fee simple tract to be deeded to
the said City of Fort Collins;
THENCE along the said southerly line, North 52 degrees 42
minutes 17 seconds East for a distance of 10. 11 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said southerly line, North 52
degrees 42 minutes 17 seconds East for a distance of 18 .86 feet to
the westerly line of the said proposed fee simple tract;
THENCE along the said westerly line, North 00 degrees 01
minutes 59 seconds East for a distance of 142. 66 feet to the north
line of the said Lot 1;
THENCE along the said north line, North 89 degrees 43 minutes
49 seconds West for a distance of 15. 00 feet;
THENCE leaving the said north line, South 00 degrees 01
minutes 59 seconds West for a distance of 154 . 16 feet to the point
of beginning. Containing 2226 square feet (0. 051 Acres) 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
EXHIBIT "A"
Page 8 of 38
LOCATION SKETCH — GARTON
N NOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND 00 NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
N89'43'49"W
15.00' 22.84'
NTS NE CORNER
FEB. 2, 1996 LOT 1, BLOCK 1
JIFFYLUBE PUD
FEE SIMPLE
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LOT 1, BLOCK 1 JIFFYlUBE PUD WEST DRAKE ROAD
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EXHIBIT "A"
Page 9 of 38
DESCRIPTION OF THE GHENT PARTNERSHIP FEE SIMPLE
A tract of land located in the Northeast quarter of Section 26,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
a portion of that certain tract of land as described in a Warranty
Deed dated June 6, 1977 and recorded in Book 1773 at Page 977
records of the Clerk and Recorder of the said Larimer County, the
said tract is also a portion of Lot 1 of the Plat of Ghent
Subdivision, a plat of record with the said Clerk and Recorder,
more particularly described as follows;
Commencing at the northeast corner of the said Section 26,
THENCE along the north line of the said northeast quarter,
North 89 degrees 43 minutes 49 seconds West for a distance of
118 .46 feet;
THENCE South 00 degrees 16 minutes 11 seconds West for a
distance of 30.00 feet to the northeast corner of the said Plat of
Ghent Subdivision;
THENCE along the easterly line of the said Plat, South 44
degrees 47 minutes 49 seconds East for a distance of 14 .85 feet to
the back of the existing curb along the south side of Drake Road
and to the northeast corner of Lot 1 of the said Plat of Ghent
Subdivision and to the TRUE POINT OF BEGINNING of this description;
THENCE along the easterly line of Lot 1, South 44 degrees 47
minutes 49 seconds East for a distance of 54.75 feet;
THENCE continuing along the said easterly line of Lot 1, South
00 degrees 05 minutes 11 seconds West for a distance of 254.12 feet
to the southeast corner of the said Lot 1;
THENCE along the south line of the said Lot 1, North 89
degrees 43 minutes 49 seconds West for a distance of 2. 26 feet;
THENCE leaving the said south line, North 09 degrees 16
minutes 37 seconds West for a distance of 32 .58 feet;
THENCE North 03 degrees 06 minutes 35 seconds West for a
distance of 18. 27 feet;
THENCE along a curve to the right having a radius of 311. 00
feet a central angle of 02 degrees 06 minutes 35 seconds and an arc
length of 11.45 feet, being subtended by a chord of North 02
degrees 03 minutes 18 seconds West for a distance of 11.45 feet;
THENCE North 01 degrees 00 minutes 00 seconds West for a
distance of 203 . 10 feet;
THENCE North 45 degrees 13 minutes 39 seconds West for a
distance of 31. 28 feet;
THENCE North 89 degrees 41 minutes 47 seconds West for a
distance of 628. 30 feet;
THENCE South 52 degrees 15 minutes 09 seconds West for a
distance of 24 .98 feet to the west line of the said Lot 1;
THENCE along the said west line of Lot 1, North 01 degrees 04
minutes 11 seconds East for a distance of 13 . 33 feet to the said
back of the existing curb and to the north line of the said Lot 1;
THENCE along the said north line of Lot 1, along a non-tangent
EXHIBIT "A"
Page 10 of 38
curve to the right having a radius of 15.11 feet a central angle of
51 degrees 03 minutes 31 seconds and an arc length of 13 .46 feet,
being subtended by a chord of North 53 degrees 38 minutes 40
seconds East for a distance of 13 .02 feet;
THENCE continuing along the said north line of Lot 1, North 84
degrees 59 minutes 52 seconds East for a distance of 3 .24 feet;
THENCE continuing along the said north line of Lot 1, South 89
degrees 41 minutes 47 seconds East for a distance of 630.57 feet to
the point of beginning. Containing 6621 square feet (0. 152 Acres)
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
EXHIBIT "A"
Page 11 of 38
DESCRIPTION OF THE GHENT PARTNERSHIP PERMANENT UTILITY EASEMENTS
Two Permanent Utility Easements located in the Northeast quarter of
Section 26, Township 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
Permanent Utility Easements are a portion of that certain tract of
land as described in a Warranty Deed dated June 6, 1977 and
recorded in Book 1773 at Page 977 records of the Clerk and Recorder
of the said Larimer County, the said Permanent Utility Easements
are also a portion of Lot 1 of the Plat of Ghent Subdivision, a
plat of record with the said Clerk and Recorder, more particularly
described as follows;
Commencing at the northeast corner of the said Section 26,
THENCE along the north line of the said northeast quarter,
North 89 degrees 43 minutes 49 seconds West for a distance of
118 . 46 feet;
THENCE South 00 degrees 16 minutes 11 seconds West for a
distance of 30.00 feet to the northeast corner of the said Plat of
Ghent Subdivision;
THENCE along the easterly line of the said Plat, South 44
degrees 47 minutes 49 seconds East for a distance of 14 . 85 feet to
the existing back of curb along the south side of Drake Road and to
the northeast corner of the said Lot 1 of the said Plat of Ghent
Subdivision;
THENCE along the north line of the said Lot 1, North 89
degrees 41 minutes 47 seconds West for a distance of 237. 23 feet;
THENCE leaving the said north line, South 00 degrees 18
minutes 13 seconds West for a distance of 6. 00 feet to the south
line of the proposed fee simple tract to be deeded to the said City
of Fort Collins and to the TRUE POINT OF BEGINNING of this
description;
THENCE South 00 degrees 18 minutes 13 seconds West for a
distance of 3 . 00 feet;
THENCE North 89 degrees 41 minutes 47 seconds West for a
distance of 3 . 00 feet;
THENCE North 00 degrees 18 minutes 13 seconds East for a
distance of 3 . 00 feet to the said south line of the proposed fee
simple tract;
THENCE along the said south line, South 89 degrees 41 minutes
47 seconds East for a distance of 3.00 feet to the point of
beginning. Containing 9 square fQet more or less.
TOGETHER WITH:
Commencing at the said northeast corner of Section 26,
THENCE along the said north line of the northeast quarter,
North 89 degrees 43 minutes 49 seconds West for a distance of
118 . 46 feet;
THENCE South 00 degrees 16 minutes 11 seconds West for a
distance of 30. 00 feet to the said northeast corner of the Plat of
EXHIBIT "A"
Page 12 of 38
Ghent Subdivision;
THENCE along the said easterly line of the Plat, South 44
degrees 47 minutes 49 seconds East for a distance of 14 . 85 feet to
the said existing back of curb along the south side of Drake Road
and to the northeast corner of the said Lot 1 of the said Plat of
Ghent Subdivision;
THENCE along the said north line of Lot 1, North 89 degrees 41
minutes 47 seconds West for a distance of 483 .84 feet;
THENCE leaving the said north line, South 00 degrees 18
minutes 13 seconds West for a distance of 6.00 feet to the south
line of the proposed fee simple tract to be deeded to the said City
of Fort Collins and to the TRUE POINT OF BEGINNING of this
description;
THENCE South 00 degrees 18 minutes 13 seconds West for a
distance of 3 .00 feet;
THENCE North 89 degrees 41 minutes 47 seconds West for a
distance of 3 . 00 feet;
THENCE North 00 degrees 18 minutes 13 seconds East for a
distance of 3 . 00 feet to the said south line of the proposed fee
simple tract;
THENCE along the said south line, South 89 degrees 41 minutes .
47 seconds East for a distance of 3 .00 feet to the point of
beginning. Containing 9 square feet more or less.
The above described tracts 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
EXHIBIT "A"
Page 13 of 38
DESCRIPTION OF THE GHENT PARTNERSHIP TEMPORARY CONSTRUCTION
EASEMENT
A Temporary Construction Easement located in the Northeast quarter
of Section 26, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said Temporary Construction Easement is a portion of that
certain tract of land as described in a Warranty Deed dated June 6,
1977 and recorded in Book 1773 at Page 977 records of the Clerk and
Recorder of the said Larimer County, the said Temporary
Construction Easement is also a portion of Lot 1 of the Plat of
Ghent Subdivision, a plat of record with the said Clerk and
Recorder, more particularly described as follows;
Commencing at the southeast corner of the said Lot 1;
THENCE along the south line of the said Lot 1, North 89
degrees 43 minutes 49 seconds West for a distance of 2 . 26 feet to
the westerly line of the proposed fee simple tract to be deeded to
the said City of Fort Collins, and to the TRUE POINT OF BEGINNING
of this description;
THENCE continuing along the said south line of Lot 1, North 89
degrees 43 minutes 49 seconds West for a distance of 15. 17 feet;
THENCE leaving the said south line, North 08 degrees 14
minutes 38 seconds West for a distance of 37 .54 feet;
THENCE North 03 degrees 06 minutes 35 seconds West for a
distance of 12 . 38 feet;
THENCE along a curve to the right having a radius of 326.00
feet a central angle of 02 degrees 06 minutes 35 seconds and an arc
length of 12. 00 feet, being subtended by a chord of North 02
degrees 03 minutes 18 seconds West for a distance of 12 . 00 feet;
THENCE North 01 degrees 00 minutes 00 seconds West for a
distance of 203 . 10 feet;
THENCE North 21 degrees 29 minutes 57 seconds West for a
distance of 18 .64 feet;
THENCE North 89 degrees 42 minutes 05 seconds West for a
distance of 635.09 feet to the southerly line of the said proposed
fee simple tract;
THENCE along the said southerly line, and along the said
westerly line of the proposed fee simple tract the following seven
(7) courses and distances, (1) North 52 degrees 15 minutes 09
seconds East for a distance of 8. 11 feet;
(2) South 89 degrees 41 minutes 47 seconds East for a distance
of 628 .30 feet;
(3) South 45 degrees 13 minutes 39 seconds East for a distance
of 31. 28 feet
(4) South 01 degrees 00 minutes 00 seconds East for a distance
of 203. 10 feet;
(5) along a curve to the left having a radius of 311.00 feet
a central angle of 02 degrees 06 minutes 35 seconds and an arc
length of 11.45 feet, being subtended by a chord of South 02
degrees 03 minutes 18 seconds East for a distance of 11. 45 feet;
EXHIBIT "A"
Page 14 of 38
(6) South 03 degrees 06 minutes 35 seconds East for a distance
of 18 .27 feet;
(7) South 09 degrees 16 minutes 37 seconds East for a distance
of 32 . 58 feet to the point of beginning. Containing 7289 square
feet (0. 167 Acres) 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
EXHIBIT "A"
Page 15 of 38
LOCATION SKETCH - GHENT PARTNERSHIP
NE CORNER
SECTION 26
T7N, R69W
N89'43'49"W
3 118.46'
o NE CORNER
ARC-13.46' o o LOT 1
/ N84'59'52"E �y GHENT SUB.
IrJ 3.24' BS TPOB
S89'41'47"E 630.57'
'< Sy
N8
639'42'OS
5.09'"E
_ 09 S'9e
N4513'39"W
31.28'
TWO 3' z 3'
PERMANENT
UTIUTY ESM'T. N21'29'57"W
9 SO. FT. EACH 18.64'
LI
Z
FEE SIMPLE Lil
6,621 SO.FT. o >
ri Q
0
N L1..I
0
3 v UJ
1 O O N J
o p
De 96 9 � o N CJ
µ�11�e° 8 = o 0
TEMP.CONST. ESM'T.
7,289 SO. FT.
ARC-11.45'
N T S ARC=12.00'
FEB. 5, 1996
NO3'06'35'W N
12.38' '! SE CORNER
Z LOT 1
THIS SKETCH AND THE AREAS �m ZOp GHENT SUB.
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY, ?m ;
AND DO NOT REPRESENT A f
MONUMENTED BOUNDARY SURVEY.
15.17' 2.26'
N89'4S49"W
oiam.ow
EXHIBIT "A"
Page 16 of 38
DESCRIPTION OF THE ELDON F. AND DWIGHT L. GHENT FEE SIMPLE
A tract of land located in the Northeast quarter of Section 26,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
a. portion of that certain tract of land as described in a Deed
dated July 1, 1983 and recorded in Book 2226 at Page 1148 records
of the Clerk and Recorder of the said Larimer County, more
particularly described as follows;
Commencing at the northeast corner of the said Section 26,
THENCE along the north line of the said northeast quarter,
North 89 degrees 43 minutes 49 seconds West for a distance of
118.46 feet;
THENCE South 00 degrees 16 minutes li seconds West for a
distance of 30. 00 feet;
THENCE South 44 degrees 47 minutes 49 seconds East for a
distance of 69 . 60 feet;
THENCE South 00 degrees 05 minutes 11 seconds West for a
distance of 254. 12 feet to the northeast corner of the said tract
described in Book 2226 at Page 1148 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the east line of the said tract described in Book
2226 at Page 1148, South 00 degrees 05 minutes 11 seconds West for
a distance of 40.50 feet;
THENCE leaving the said east line, North 03 degrees 06 minutes
35 seconds West for a distance of 40.57 feet to the north line of
the said tract described in Book 2226 at Page 1148 ;
THENCE along the said north .line, South 89 degrees 43 minutes
49 seconds East for a distance of 2.26 feet to the point of
beginning. Containing 46 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
EXHIBIT "A"
Page 17 of 38
DESCRIPTION OF THE ELDON F. AND DWIGHT L. GHENT TEMPORARY
CONSTRUCTION EASEMENT
A Temporary Construction Easement located in the Northeast quarter
of Section 26, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer Count, Colorado,
the said Temporary Construction Easement is a portion of that
certain tract of land as described in a Deed dated July 1, 1983 and
recorded in Book 2226 at Page 1148 records of the Clerk and
Recorder of the said Larimer County, more particularly described as
follows;
Commencing at the northeast corner of the said Section 26,
THENCE along the north line of the said northeast quarter,
North 89 degrees 43 minutes 49 seconds West for a distance of
118.46 feet;
THENCE South 00 degrees 16 minutes 11 seconds West for a
distance of 30.00 feet;
THENCE South 44 degrees 47 minutes 49 seconds East for a
distance of 69. 60 feet;
THENCE South 00 degrees 05 minutes 11 seconds West for a
distance of 254 . 12 feet to the northeast corner of the said tract
described in Book 2226 at Page 1148;
THENCE along the north line of the said tract described in
Book 2226 at Page 1148, North 89 degrees 43 minutes 49 seconds West
for a distance of 2.26 feet to the westerly line of the proposed
fee simple tract to be deeded to the said City and to the TRUE
POINT OF BEGINNING of this description;
THENCE along the said westerly line, South 03 degrees 06
minutes 35 seconds East for a distance of 40.57 feet to the east
line of the said tract described in Book 2226 a Page 1148;
THENCE along the said east line, South 00 degrees 05 minutes
11 seconds West for a distance of 22. 50 feet to the southeast
corner of the said tract described in Book 2226 at Page 1148;
THENCE along the south line of the said tract, North 89
degrees 43 minutes 49 seconds West for a distance of 13 . 77 feet;
THENCE leaving the said south line, North 03 degrees 06
minutes 35 seconds West for a distance of 61.55 feet;
THENCE North 08 degrees 14 minutes 38 seconds West for a
distance of 1. 57 feet to the said north line of the tract;
THENCE along the said north line, South 89 degrees 43 minutes
49 seconds East for a distance of 15. 17 feet to the point of
beginning. Containing 933 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
EXHIBIT "A"
Page 18 of 38
LOCATION SKETCH - ELDON & DWIGHT GHENT
N
N89'43'49"W
3 118.46'
u o
ro n NE CORNER
o SECTION 26
n
SY 17N. R69W
Y•
0 Y,Y
N TS 9F
FEB. 5, 1996
NOTE:
THIS SKETCH AND THE AREAS 3
SHOWN DEPICT THE ATTACHED S
PROPERTY DESCRIPTION ONLY, v
AND DO NOT REPRESENT A
O N
MONUMENTED BOUNDARY SURVEY. voi NE CORNER
BOOK 2226
S89'43'49'E 2.26' PAGE 1148
15.17'
N08'14'38"W
1.57' FEE SIMPLE
46 SO FT
z
0
w
d
rn
w
f �
0
TEMP.CONST. ESM'T. > ~
933 SO. FT.
cn 3
J
IA
11kg N w
e w w
P°9
u Q
!�6 f W
0�00µ m LJ
� J
rr J
O
U
2
O
1n
N89'43'49'W SE CORNER
13.77' BOOK 2226
PAGE 1148
rm�xrora
EXHIBIT "A"
Page 19 of 38
DESCRIPTION OF THE SINCLAIR MARKETING INC. FEE SIMPLE
A tract of land located in the Northwest quarter of Section 25,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
a portion of that certain tract of land described in a Special
Warranty Deed dated January 8, 1973 and recorded in Book 1536 at
Page 410 records of the Clerk and Recorder of the said Larimer
County, the said tract is also a portion of Lot 1 of the Plat of
Thunderbird Estates Sixth Subdivision, a plat of record with the
said Clerk and Recorder, more particularly described as follows;
Commencing at the northeast corner of the said Lot 1, Thunderbird
Estates Sixth Subdivision, the said northeast corner of Lot 1 is
also the TRUE POINT OF BEGINNING of this description;
THENCE along the east line of the said Lot 1, South 00 degrees
O5 minutes 01 seconds West for a distance of 11. 00 feet;
THENCE leaving the said east line, and parallel with the north
line of the said Lot 1, South 89 degrees 51 minutes 08 seconds West
for a distance of 124. 12 feet to the westerly line of the said Lot
1;
THENCE along the said westerly line, North 44 degrees 59
minutes 46 seconds East for a distance of 15. 60 feet to the north
line of the said Lot 1;
THENCE along the said north line, North 89 degrees 51 minutes
08 seconds East for a distance of 113 . 10 feet (platted as 113 . 06
feet) to the point of beginning. Containing 1305 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
EXHIBIT "A"
Page 20 of 38
DESCRIPTION OF THE SINCLAIR MARKETING INC. TEMPORARY CONSTRUCTION
EASEMENT
A Temporary Construction Easement located in the Northwest quarter
of Section 25, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said Temporary Construction Easement is a portion of that
certain tract of land described in a Special Warranty Deed dated
January 8, 1973 and recorded in Book 1536 at Page 410 records of
the Clerk and Recorder of the said Larimer County, the said
Temporary Construction Easement is also a portion of Lot 1 of the
Plat of Thunderbird Estates Sixth Subdivision, a plat of record
with the said Clerk and Recorder, more particularly described as
follows;
Commencing at the northeast corner of the said Lot 1, Thunderbird
Estates Sixth Subdivision;
THENCE along the east line of the said Lot 1, South 00 degrees
05 minutes 01 seconds West for a distance of 11. 00 feet to the
south line of the proposed fee simple tract to be deeded to the
said City of fort Collins and to the TRUE POINT OF BEGINNING of
this description;
THENCE continuing along the said east line of Lot 1, South 00
degrees 05 minutes 01 seconds West for a distance of 25. 00 feet;
THENCE leaving the said east line, South 89 degrees 51 minutes
08 seconds West for a distance of 129.99 feet;
THENCE South 00 degrees 05 minutes 01 seconds West for a
distance of 113 .95 feet to the south line of the said Lot 1;
THENCE along the said south line of Lot 1, South 89 degrees 51
minutes 08 seconds West for a distance of 20. 00 feet to the
southwest corner of the said Lot 1;
THENCE along the west line of the said Lot 1, North 00 degrees
05 minutes 01 seconds East for a distance of 113 . 10 feet;
THENCE continuing along the said west line, North 44 degrees
59 minutes 46 seconds East for a distance of 36. 65 feet to the said
south line of the proposed tract to be deeded to the City;
THENCE along the said proposed south line, North 89 degrees 51
minutes 08 seconds East for a distance of 124 . 12 feet to the point
of beginning. Containing 5694 square feet (0. 131 Acres) 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
EXHIBIT "A"
Page 21 of 38
LOCATION SKETCH - SINCLAIR MARKETING INC.
NOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY OESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
NTS
FEB. 2, 1996
WEST DRAKE ROAD
FEE SIMPLE
1.305 SOFT.
TPOB
NE CORNER
LOT 1
N89'51' "E 113.10' T-BIRD ESTATES
SIXTH SUB.
0
11.00'
�y9 S89'51'08"W 124.12'
a
7 6h N TPOB
SM'T.
N
S89'51'08"W 129.99'
w 13
� to
Z
W TEMP.CONST. ESM'T. I o
> 5,694 SO. FT. I N
Q I
� 66d I
J n a tJ 0�10 I
o
cn o o ypD°µ I
O p g I
Z o I
I
I
I
20.00'
- - - -- - - - ------ ----- -
S89'51'08"W
\ SW CORNER
LOT 1
T-BIRD ESTATES
SIXTH SUB.
�.o
EXHIBIT "A"
Page 22 of 38
DESCRIPTION OF THE K. BILL TILEY FEE SIMPLE
A tract of land located in the Northwest quarter of Section 25,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract of
land is a portion of that certain tract of land described in a Quit
Claim Deed dated March 24, 1988 and recorded at Reception No.
88013406 records of the Clerk and Recorder of the said Larimer
County, the said tract of land is also a portion of Lots 2 and 3 of
the Plat of Thunderbird Estates Sixth Subdivision, a plat of record
with the said Clerk and Recorder, the said tract of land is also a
portion of Lot 1 Block 1 of the Plat of Thunderbird Estates First
Subdivision, a plat of record with the said Clerk and Recorder,
more particularly described as follows;
Commencing at the northeast corner of the said Lot 3 , Thunderbird
Estates Sixth Subdivision, the said northeast corner is also the
TRUE POINT OF BEGINNING of this description;
THENCE along the north line of the said Lot 1 Block 1
Thunderbird Estates First Subdivision, North 89 degrees 51 minutes
08 seconds East for a distance of 25. 00 feet to the east line of
the west 25. 00 feet of the said Lot 1 Block 1 of Thunderbird
Estates First Subdivision;
THENCE along the said east line, South 00 degrees 05 minutes
46 seconds West for a distance of 8 . 00 feet;
THENCE leaving the said east line, South 89 degrees 51 minutes
08 seconds West for a distance of 25. 02 feet;
THENCE South 84 degrees 08 minutes 21 seconds West for a
distance of 30. 14 feet;
THENCE South 89 degrees 51 minutes 08 seconds West for a
distance of 100. 00 feet to the west line of the said Lot 2 ;
THENCE along the said west line of Lot 2 , North 00 degrees 05
minutes 01 seconds East for a distance of 11. 00 feet to the
northwest corner of the said Lot 2 ;
THENCE along the north line of the said Lot 2 and 3 , North 89
degrees 51 minutes 08 seconds East for a distance of 130.00 feet to
the point of beginning. Containing 1585 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
EXHIBIT "A"
Page 23 of 38
DESCRIPTION OF THE K. BILL TILEY PERMANENT UTILITY EASEMENT
A Permanent Utility Easement located in the Northwest quarter of
Section 25, Township 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
Permanent Utility Easement is a portion of that certain tract of
land described in a Quit Claim Deed dated March 24, 1988 and
recorded at Reception No. 88013406 records of the Clerk and
Recorder of the said Larimer County, the said Permanent Utility
Easement is also a portion of Lots 2 and 3 of the Plat of
Thunderbird Estates Sixth Subdivision, a plat of record with the
said Clerk and Recorder, more particularly described as follows;
Commencing at the northeast corner of the said Lot 3 , Thunderbird
Estates Sixth Subdivision;
THENCE along the north line of the said Lot 3, South 89
degrees 51 minutes 08 seconds West for a distance of 30. 00 feet to
the northwest corner of the said Lot 3 ;
THENCE along the west line of the said Lot 3 , South 00 degrees
05 minutes 01 seconds West for a distance of 11. 00 feet to the
south line of the proposed fee simple tract to be deeded to the
said City of Fort Collins and to the TRUE POINT OF BEGINNING of
this description;
THENCE along the said proposed south line, North 84 degrees 08
minutes 07 seconds East for a distance of 3 . 02 feet;
THENCE leaving the said proposed south line, South 00 degrees
O5 minutes 01 seconds West for a distance of 3 .31 feet;
THENCE North 89 degrees 54 minutes 59 seconds West for a
distance of 3 . 00 feet to the said west line of Lot 3 ;
THENCE along the said west line, North 00 degrees 05 minutes
O1 seconds East for a distance of 3 . 00 feet to the point of
beginning. Containing 10 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
EXHIBIT "A"
Page 24 of 38
DESCRIPTION OF THE K. BILL TILEY TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement located in the Northwest quarter
of Section 25, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said Temporary Construction Easement is a portion of that
certain tract of land described in a Quit Claim Deed dated March
24 , 1988 and recorded at Reception No. 88013406 records of the
Clerk and Recorder of the said Larimer County, the said Temporary
Construction Easement is also a portion of Lots 2 and 3 of the Plat
of Thunderbird Estates Sixth Subdivision, a plat of record with the
said Clerk and Recorder, the said Temporary Construction Easement
is also a portion of Lot 1 Block 1 of the Plat of Thunderbird
Estates First Subdivision, a plat of record with the said Clerk and
Recorder, more particularly described as follows;
Commencing at the northeast corner of the said Lot 3 , Thunderbird
Estates Sixth Subdivision;
THENCE along the east line of the said Lot 3, South 00 degrees
15 minutes 33 seconds West for a distance of 8.00 feet to the south
line of the proposed fee simple tract to be deeded to the said City
of Fort Collins and to the TRUE POINT OF BEGINNING of this
description;
THENCE along the said proposed south line, North 89 degrees 51
minutes 07 seconds East for a distance of 25. 02 feet to the east
line of the west 25. 00 feet of the said Lot 1 Block 1 of
Thunderbird Estates First Subdivision;
THENCE along the said east line, South 00 degrees 05 minutes
46 seconds West for a distance of 7 .50 feet;
THENCE South 89 degrees 51 minutes 08 seconds West for a
distance of 25. 04 feet;
THENCE leaving the said east line, South 84 degrees 04 minutes
00 seconds West for a distance of 30. 12 feet;
THENCE South 00 degrees 05 minutes 01 seconds West for a
distance of 2 .46 feet;
THENCE South 89 degrees 51 minutes 08 seconds West for a
distance of 100.00 feet to the west line of the said Lot 2 ;
THENCE along the said west line of Lot 2, North 00 degrees 05
minutes 01 seconds East for a distance of 10. 00 feet to the said
south line of the proposed fee simple tract;
THENCE along the said proposed south line, North 89 degrees 51
minutes 07 seconds East for a distance of 100. 00 feet;
THENCE continuing along the said proposed south line, North 84
degrees 08 minutes 21 seconds East for a distance of 30. 14 feet to
the point of beginning. Containing 1413 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
EXHIBIT "A"
Page 25 of 38
LOCATION SKETCH - K. BILL TILEY
NOTE:
THIS SKETCH AND THE AREAS
S00'05'46"W SHOWN DEPICT THE ATTACHED
Z 8.00' 7.50' PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
\ a
N T S N m \DGµ,g1� 1�5�
0 0 0� VD �\ ( F
u O
FEB. 5, 1996 O
NE CORNER
LOT 3
T-BIRD ESTATES 3 ;
SIXTG SUB. "N o
0
m n avmi"' V0\
SDCro5'01"W
2.46'
Oe a•1�06
<Q PERMANENT
0 UTILITY ESM'T. G\0
Q� 10 SO.FT.
Lli
Q
0
I—
Q a TEMP.CONST. ESM'T.
W o 1,413 SO. FT.
n
0
0
0
W O
"m
O
U 3 0 Dti
m p OO
Z
O�
� 3
m
0
a
FE SIMPLE m
1OF
T.
11.00' 10.00' —
NOO'05'01"E
nEr.ovn
EXHIBIT "A"
Page 26 of 38
DESCRIPTION OF THE ESKIN FEE SIMPLE
A tract of land located in the Northwest quarter of Section 25,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
a portion of that certain tract of land described in a Quit Claim
Deed dated November 30, 1993 and recorded at Reception No. 93092583
records of the Clerk and Recorder of the said Larimer County, the
said tract is also a portion of Lot 1 Block 1 of the Plat of
Thunderbird Estates First Subdivision, a plat of record with the
said Clerk and Recorder, more particularly described as follows;
Commencing at the northwest corner of the said Lot 1 Block 1
Thunderbird Estates First Subdivision;
THENCE along the north line of the said Lot 1 Block 1, North
89 degrees 51 minutes 08 seconds East for a distance of 25 . 00 feet
to the east line of the west 25. 00 feet of the said Lot 1 Block 1
and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 89 degrees
51 minutes 08 seconds East for a distance of 99 .93 feet;
THENCE continuing along the said north line, along a curve to
the right having a radius of 15.00 feet a central angle of 70
degrees 16 minutes 30 seconds and an arc length of 18. 40 feet,
being subtended by a chord of South 55 degrees 00 minutes 37
seconds East for a distance of 17 .27 feet;
THENCE leaving the said north line along a non-tangent curve
to the left having a radius of 15. 00 feet a central angle of 29
degrees 26 minutes 37 seconds and an arc length of 7.71 feet, being
subtended by a chord of North 75 degrees 25 minutes 34 seconds West
for a distance of 7 .62 feet;
THENCE South 89 degrees 51 minutes 08 seconds West for a
distance of 106.71 feet to the said east line of the west 25.00
feet of Lot 1 Block 1;
THENCE along the said east line, North 00 degrees 05 minutes
46 seconds East for a distance of 8. 00 feet to the point of
beginning. Containing 879 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
EXHIBIT "A"
Page 27 of 38
DESCRIPTION OF THE ESKIN PERMANENT UTILITY EASEMENT
A Permanent Utility Easement located in the Northwest quarter of
Section 25, Township 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
Permanent Utility Easement is a portion of that certain tract of
land described in a Quit Claim Deed dated November 30, 1993 and
recorded at Reception No. 93092583 records of the Clerk and
Recorder of the said Larimer County, the said Permanent Utility
Easement is also a portion of Lot 1 Block 1 of the Plat of
Thunderbird Estates First Subdivision, a plat of record with the
said Clerk and Recorder, more particularly described as follows;
Commencing at the northwest corner of the said Lot 1 Block 1
Thunderbird Estates First Subdivision;
THENCE along the north line of the said Lot 1 Block 1, North
89 degrees 51 minutes 08 seconds East for a distance of 25. 00 feet
to the east line of the west 25.00 feet of the said Lot 1 Block 1;
THENCE along the said east line, South 00 degrees 05 minutes
46 seconds West for a distance of 8 . 00 feet to the south line of
the proposed fee simple tract to be deeded to the said City of Fort
Collins;
THENCE along the said proposed south line, North 89 degrees 51
minutes 08 seconds East for a distance of 24 .83 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said proposed south line, North 89
degrees 51 minutes 08 seconds East for a distance of 8 . 00 feet;
THENCE leaving the said proposed south line, South 00 degrees
08 minutes 52 seconds East for a distance of 5. 00 feet;
THENCE South 89 degrees 51 minutes 08 seconds West for a
distance of 8 . 00 feet;
THENCE North 00 degrees 08 minutes 52 seconds West for a
distance of 5. 00 feet to the point of beginning. Containing 40
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
EXHIBIT "A"
Page 28 of 38
DESCRIPTION OF THE ESKIN TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement located in the Northwest quarter
of Section 25, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said Temporary Construction Easement is a portion of that
certain tract of land described in a Quit Claim Deed dated November
30, 1993 and recorded at Reception No. 93092583 records of the
Clerk and Recorder of the said Larimer County, the said Temporary
Construction Easement is also a portion of Lot 1 Block 1 of the
Plat of Thunderbird Estates First Subdivision, a plat of record
with the said Clerk and Recorder, more particularly described as
follows;
Commencing at the northwest corner of the said Lot 1 Block 1
Thunderbird Estates First Subdivision;
THENCE along the north line of the said Lot 1 Block 1, North
89 degrees 51 minutes 08 seconds East for a distance of 25.00 feet
to the east line of the west 25. 00 feet of the said Lot 1 Block 1;
THENCE along the said east line, South 00 degrees 05 minutes
46 seconds West for a distance of 8.00 feet to the south line of
the proposed fee simple tract to be deeded to the said City of Fort
Collins and to the TRUE POINT OF BEGINNING of this description;
THENCE along the said south line of the proposed tract, North
89 degrees 51 minutes 08 seconds East for a distance of 106. 71
feet;
THENCE continuing along the said proposed south line, along a
curve to the right having a radius of 15.00 feet a central angle of
29 degrees 26 minutes 37 seconds and an arc length of 7 .71 feet,
being subtended by a chord of South 75 degrees 25 minutes 34
seconds East for a distance of 7. 62 feet to the east line of the
said Lot 1 Block 1;
THENCE along the said south line and along the said east line
of Lot 1 Block 1 and along a non-tangent curve to the right having
a radius of 15.00 feet a central angle of 19 degrees 58 minutes 30
seconds and an arc length of 5. 23 feet, being subtended by a chord
of South 09 degrees 53 minutes 07 seconds East for a distance of
5. 20 feet;
THENCE continuing along the said east line of Lot 1 Block 1,
South 00 degrees 06 minutes 08 seconds West for a distance of 0. 43
feet;
THENCE leaving the said east line, South 89 degrees 51 minutes
08 seconds West for a distance of 114.99 feet to the said east line
of the west 25. 00 feet of Lot 1 Block 1;
THENCE along the said east line, North 00 degrees 05 minutes
46 seconds East for a distance of 7 .50 feet to the point of
beginning. Containing 855 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
EXHIBIT "Am
Page 29 of 38
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
EXHIBIT "A"
Page 30 of 38
LOCATION SKETCH - ESKIN
NOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
Z HARVARD ST. PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
ARC=5.23' MONUMENTED BOUNDARY SURVEY.
R=15.00'
N T S ARC=18.40' 0.43' '08"W — — — —
.43
FEB. 5, 1996 R-15.00'
ARC=7.71'
R=15.00'
FEE SIMPLE TEMP.CONST. ESM'T.
879 SO.FT. 855 SO. FT.
lei
co
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0 3
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Z UTILITY ESM'T. '0
5 40 SO. FT. (7
V) V
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?N�00*05'46'E
� 0
POB
NW CORNER
LOT 1, BLOCK 1
T—BIRD. FIRST SUB.
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EXHIBIT "A"
Page 31 of 38
DESCRIPTION OF THE KEY BANK FEE SIMPLE
A tract of land located in the Southwest quarter of Section 24,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
a portion of Lots 1, 6 and 7 of the Plat of The Resubdivision of
Tract A, South College Heights Fourth Subdivision, a plat of record
with the Clerk and Recorder of the said Larimer County, more
particularly described as follows;
Commencing at the southeast corner of the said Lot 6, Plat of The
Resubdivision of Tract A, South College Heights Fourth Subdivision;
THENCE along the south line of the said Lot 6, South 89
degrees 51 minutes 08 seconds West for a distance of 1. 32 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said south line of Lot 6 and along
the south line of the said Lot 7 and 1, South 89 degrees 51 minutes
08 seconds West for a distance of 253 .81 feet to the westerly line
of the said Lot 1;
THENCE along the said westerly line of Lot 1, North 45 degrees
O1 minutes 08 seconds West for a distance of 14 . 11 feet;
THENCE leaving the said westerly line of Lot 1, North 89
degrees 51 minutes 08 seconds East for a distance of 170. 34 feet;
THENCE along a curve to the right having a radius of 310.50
feet a central angle of 05 degrees 42 minutes 38 seconds and an arc
length of 30.95 feet, being subtended by a chord of South 87
degrees 17 minutes 33 seconds East for a distance of 30.93 feet;
THENCE South 84 degrees 26 minutes 14 seconds East for a
distance of 30. 14 feet;
THENCE South 80 degrees 37 minutes 14 seconds East for a
distance of 32 .98 feet to the point of beginning. Containing 2244
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
EXHIBIT "A"
Page 32 of 38
DESCRIPTION OF THE KEY BANK PERMANENT UTILITY EASEMENT
A Permanent Utility Easement located in the Southwest quarter of
Section 24, Township 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
Permanent Utility Easement is a portion of Lot 6 of the Plat of
The Resubdivision of Tract A, South College Heights Fourth
Subdivision, a plat of record with the Clerk and Recorder of the
said Larimer County, more particularly described as follows;
Commencing at the southeast corner of the said Lot 6, Plat of The
Resubdivision of Tract A, South College Heights Fourth Subdivision
the said southeast corner is also the TRUE POINT OF BEGINNING of
this description;
THENCE along the south line of the said Lot 6, South 89
degrees 51 minutes 08 seconds West for a distance of 1.32 feet to
the southerly line of the proposed fee simple tract to be deeded to
the said City of fort Collins;
THENCE along the said proposed southerly line, North 80
degrees 37 minutes 14 seconds West for a distance of 8 .81 feet;
THENCE leaving the said proposed southerly line, North 00
degrees 06 minutes 37 seconds East for a distance of 5. 07 feet;
THENCE South 80 degrees 37 minutes 14 seconds East for a
distance of 10. 15 feet to the east line of the said Lot 6;
THENCE along the said east line of Lot 6, South 00 degrees 06
minutes 37 seconds West for a distance of 4.84 feet to the point of
beginning. Containing 51 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
EXHIBIT "A"
Page 33 of 38
DESCRIPTION OF THE KEY BANK TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement located in the Southwest quarter
of Section 24, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said Temporary Construction Easement is a portion of Lots 1, 6
and 7 of the Plat of The Resubdivision of Tract A, South College
Heights Fourth Subdivision, a plat of record with the Clerk and
Recorder of the said Larimer County, more particularly described as
follows;
Commencing at the southeast corner of the said Lot 6, Plat of The
Resubdivision of Tract A, South College Heights Fourth Subdivision
the said southeast corner is also the TRUE POINT OF BEGINNING of
this description;
THENCE along the south line of the said Lot 6, South 89
degrees 51 minutes 08 seconds West for a distance of 1. 32 feet to
the southerly line of the proposed fee simple tract to be deeded to
the said City of fort Collins;
THENCE along the said proposed southerly line the following
four (4) courses and distances, (1) North 80 degrees 37 minutes 14
seconds West for a distance of 32.98 feet;
(2) North 84 degrees 26 minutes 14 seconds West for a distance
of 30. 14 feet;
(3) along a curve to the left having a radius of 310. 50 feet
a central angle of 05 degrees 42 minutes 38 seconds and an arc
length of 30.95 feet, being subtended by a chord of North 87
degrees 17 minutes 33 seconds West for a distance of 30. 93 feet;
(4) South 89 degrees 51 minutes 08 seconds West for a distance
of 170. 34 feet to the westerly line of the said Lot 1;
THENCE along the said westerly line, North 45 degrees 01
minutes 08 seconds West for a distance of 21. 17 feet;
THENCE leaving the said westerly line, North 89 degrees 51
minutes 08 seconds East for a distance of 185. 28 feet;
THENCE along a curve to the right having a radius of 325.50
feet a central angle of 05 degrees 42 minutes 38 seconds and an arc
length of 32 . 44 feet, being subtended by a chord of South 87
degrees 17 minutes 33 seconds East for a distance of 32 .43 feet;
THENCE South 84 degrees 26 minutes 14 seconds East for a
distance of 30. 64 feet;
THENCE South 80 degrees 37 minutes 14 seconds East for a
distance of 32 .37 feet to the east line of the said Lot 6;
THENCE along the said east line of Lot 6, South 00 degrees 06
minutes 37 seconds West for a distance of 14.98 feet to the point
of beginning. Containing 4099 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
EXHIBIT "A"
Page 34 of 38
LOCATION SKETCH - KEY BANK
SE CORNER
LOT 6
RSUB, TRACT A
S00'06'37"W S.COLLEGE HGTS. NOTE:
1498' FOURTH SUB. THIS ETCH AND THE AREAS
HOWNKDEPICT THE ATTACHED
1.32 PROPERTY DESCRIPTION ONLY,
;' P08 AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
n"? v PERMANENT
UTILITY ESM'T.
rn o 51 SO. FT.
14) w
V N$ O
A <
N A
v
L <n
N TS
o FEB.5, 1996
Z�' Q
TEMP.CONST. ESM'T. 0
a 4,099 SO. FT. m cl�
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V Ncy-
1
(� Q
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V O 0
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Z Z
FEE SIMPLE
2,244 SOFT.
Q,
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SOUTH COLLEGE AVENUE
EXHIBIT "A"
Page 35 of 38
DESCRIPTION OF THE VIP INTERNATIONAL, INC. TEMPORARY CONSTRUCTION
EASEMENT
A Temporary Construction Easement located in the Northwest quarter
of Section 25, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said Temporary Construction Easement is a portion of Lot 4 of
the Plat of Thunderbird Estates Sixth Subdivision, a plat of record
with the Clerk and Recorder of the said Larimer County, more
particularly described as follows;
Commencing at the northwest corner of the said Lot 4 , Thunderbird
Estates Sixth Subdivision, the said northwest corner of Lot 4 is
also the TRUE POINT OF BEGINNING of this description;
THENCE along the north line of the said Lot 4 , North 89
degrees 51 minutes 08 seconds East for a distance of 10 . 00 feet;
THENCE leaving the said north line, South 00 degrees 05
minutes 01 seconds West for a distance of 135. 00 feet to the south
line of the said Lot 4 ;
THENCE along the said south line, South 89 degrees 51 minutes
08 seconds West for a distance of 10 . 00 feet to the southwest
corner of the said Lot 4 ;
THENCE along the west line of the said Lot 4 , North 00 degrees
05 minutes 01 seconds East for a distance of 135 . 00 feet to the
point of beginning. Containing 1350 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
EXHIBIT "A"
Page 36 of 38
LOCATION SKETCH VIP INTERNATIONAL, INC.
TEMPORY CONSTRUCTION EASEMENT
N NOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
N TS
FEB. 2, 1996
N8951'08'E
10.00'
POB / - - - -- -
NW CORNER
LOT 4
THUNDERBIRD
ESTATES SIXTH
TEMP.CONST. ESM'T.
LEI 1350 S0. FT.
Z
Lil
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Q o
16
LLJ n ^ 5
C
J
J 0�
s
O o a �11dtr
= Z N
5•�51�
O
N
SW CORNER S89'51'08"—W-1 I
LOT 4 10.00'
THUNDERBIRD L — — — — — —
ESTATES SIXTH
o�.wr
EXHIBIT "A"
Page 37 of 38
DESCRIPTION OF THE BRUNSWIG TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement located in the Southwest quarter
of Section 24, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said Temporary Construction Easement is a portion of Lot 5 of
the Plat of The Resubdivision of Tract A, South College Heights
Fourth Subdivision, a plat of record with the Clerk and Recorder of
the said Larimer County, more particularly described as follows;
Commencing at the southwest corner of the said Lot 5, Plat of The
Resubdivision of Tract A, South College Heights Fourth Subdivision
the said southwest corner is also the TRUE POINT OF BEGINNING of
this description;
THENCE along the west line of the said Lot 5, North 00 degrees
06 minutes 37 seconds East for a distance of 5. 00 feet;
THENCE leaving the said west line, North 89 degrees 51 minutes
08 seconds East for a distance of 106. 12 feet to the easterly line
of the said Lot 5;
THENCE along the said easterly line, along a non-tangent curve
to the right having a radius of 15.00 feet a central angle of 48
decrees 11 minutes 23 seconds and an arc length of 12 . 62 feet,
being subtended by a chord of South 65 degrees 45 minutes 26
seconds West for a distance of 12. 25 feet to the south line of the
said Lot 5;
THENCE along the said south line of Lot 5, South 89 degrees 51
minutes 08 seconds West for a distance of 94.96 feet to the point
of beginning. Containing 513 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
EXHIBIT "A"
Page 38 of 38
LOCATION SKETCH - BRUNSWIG
NNOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
NTS
FE8.5, 1996
Resub. Trocf A S Co/%ge Hgts Fourth I of
>
Lot 7 I Q
TEMP.CONST. ESM'T. I
513 SO. FT.
W
1�
n
a N8951'08"E 106.12'
00
0
z6
N89'51'08'E 94.96' R=15.0012.62'
ARCm '
\SW CORNER
LOT 5
RSUB. TRACT A EAST DRAKE ROAD
S.COLLEGE HGTS.
FOURTH SUB.
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