HomeMy WebLinkAbout2004-024-02/17/2004-AUTHORIZING AN AMENDED INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY CONCERNING THE INDIAN CREEK P RESOLUTION 2004-024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDED INTERGOVERNMENTAL AGREEMENT
WITH LARIMER COUNTY CONCERNING THE INDIAN CREEK PROPERTY
WHEREAS, Larimer County has negotiated to acquire 1,545 acres of foothills property
between the Rimrock Open Space and the Devil's Backbone Open Space (the "Property") which
Property is a portion of Sections 19, 20, 29, 30 and 31 in Township 6N, Range 69W and a portion
of Sections 24 and 25, Township 6 N, Range 70W, in Larimer County; and
WHEREAS, the Property includes large cottonwoods along Indian Creek, an active golden
eagle nest along the rimrock outcrops,and spectacular views,and the acquisition of the Property will
allow the County to construct a trail that will connect the Coyote Ridge/Rimrock trail to the Devil's
Backbone Open Space and to Horsetooth Mountain Park; and
WHEREAS,in April 2003,the City Council approved Resolution 2003-047,authorizing an
intergovernmental agreement with Larimer County regarding the joint ownership of the Property(the
"IGA"); and
WHEREAS, the City and Larimer County finalized the IGA and proceeded to acquire the
first of two parcels of the Property, which is 878 acres in size and is jointly owned by the City and
Larimer County (the "East Parcel"); and
WHEREAS, City and County staff have since determined that Great Outdoors Colorado
grant funding is available for the purchase of the second parcel of the Property(the"West Parcel"),
which is 666.6 acres in size, provided that an entity be identified to hold a conservation easement
on the West Parcel; and
WHEREAS, City staff is recommending that the City pay 75% of the purchase price of the
West Parcel, as originally agreed in the IGA, and acquire an interest in a conservation easement on
the West Parcel, rather than ownership of title to that portion of the Property; and
WHEREAS, in order to proceed with this modified approach to acquisition of the West
Parcel, City staff is requesting that the City Council authorize the execution of the Amended and
Restated IGA, attached hereto as Exhibit "A" and incorporated herein by this reference (the
"Amended IGA") which calls for the purchase by the City of a conservation easement on the West
Parcel, in substantially the form of easement, dated February 13, 2004, and on file in the office of
the City Clerk; and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, as provided in Article H, Section 16 of the Charter of the City of Fort
Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into the Amended IGA, upon the terms and
conditions described above and such other terms and conditions, or subsequent modifications or
amendments,as the City Manager,in consultation with the City Attorney,determines to be necessary
and appropriate to protect the interests of the City and effectuate the purposes set forth herein, not
otherwise inconsistent with this Resolution,and to also execute such documents as may be necessary
to effectuate the purposes and carry out the terms of the Amended IGA.
Passed and adopted at a regular meeting of the City Council held this 17th day of February,
A.D. 2004.
ayor
ATTEST:
lma
City Clerk
EXHIBIT "A"
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
CONCERNING THE INDIAN CREEK PROPERTY
This Amended and Restated Agreement is made this day of , 2004, by and
between the CITY OF FORT COLLINS, COLORADO (the "City") and LARIMER COUNTY,
COLORADO ("Larimer County").
WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, Larimer County desires to acquire fee title to certain parcels of real property located
in the County of Larimer, State of Colorado known as Indian Creek Ranch, which property is legally
described herein, as an important part of the 2001 Larimer County Open Lands Master Plan; and
WHEREAS, the parties have worked cooperatively in this area to protect Coyote Ridge Natural
Area and Rimrock Open Space properties to protect and promote the quality of life, the natural
environment and the character of the region; and
WHEREAS, the parties recognize that certain lands in the foothills and along the mountain
backdrop to the cities of Fort Collins and Loveland are important to be protected from development
through various means such as fee acquisition, conservation easements, and regulatory measures; and
WHEREAS, the"Front Range Mountain Backdrop Report (1998)"identifies lands to be acquired
for the protection of the scenic and ecological integrity in this regional transition area where the Great
Plains meets the Rocky Mountain foothills; and
WHEREAS, Larimer County has imposed a sales and use tax ("Help Preserve Open Spaces Sales
Tax") for the purchase and maintenance of open space, natural areas, parks and trails and a portion of the
funds generated by said sales tax are distributed to municipalities located within Larimer County; and
WHEREAS, the City receives a share of the Larimer County Revenues for the purchase and
maintenance of open space, natural areas, parks and trails for the benefit of the Fort Collins community;
and
WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as Building
Community Choice and the voters of Fort Collins more recently extended this sales tax after its expiration
in December 2005 to continue at that time as "Open Space Yes!"revenues,portions of which are intended
and available for the purchase and maintenance of open space,natural areas, and trails; and
WHEREAS, Larimer County anticipates acquiring through purchase of fee interests, the real
property described in Exhibit A, attached hereto and incorporated herein by reference (the "Property");
and
WHEREAS, the parties desire to cooperate and contract with one another concerning the sharing
of costs and responsibilities for the acquisition, ownership, improvement, and management of the
Property; and
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WHEREAS, the parties have determined, since their initial signing of the Intergovernmental
Agreement Concerning the Indian Creek Property in April, 2003, that certain changes in the structure of
ownership interests amongst the parties will better carry out the intentions and aspirations of the parties,
and consequently enter into this Amended and Restated Intergovernmental Agreement Concerning the
Indian Creek Property in order to document and implement those changes.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
A. Acquisition of the Property
1. The actual purchase price for the Property, not including closing costs, other direct costs
of acquisition, such as title insurance, survey of each Property, or appraisal fees, and adjustments at
closing (which closing and related costs shall be borne by Larimer County) shall be no greater than
$4,500 per acre, and no less than $3,500 per acre, pursuant to a contract between Larimer County and the
owner of the Property as of the date of this Agreement.
2. The fair market value of the Property shall be determined by an appraisal, to be
accomplished consistent with generally accepted appraisal standards by an appraiser acceptable to
Larimer County and the City. If the appraised value of the Property exceeds $4,500 per acre,the
purchase price shall be$4,500 per acre. If the appraised value of the Property is less than$3,500 per acre,
the purchase price shall be$3,500 per acre. If the appraised value falls between$3,500 and $4,500 per
acre, the appraised value of the Property shall be the purchase price.
3. Larimer County shall acquire title to the Property in its name in two separate closings.
B. Shared Ownership of Property/Cost Sharing
1. Promptly upon completion of each closing, Larimer County shall arrange for title insurance
to be provided for the acquired Property, for the benefit of the City, consistent with the ownership interest
to be conveyed as set forth herein.
2. The County has acquired that portion of the Property described in Exhibit E, attached hereto
and incorporated herein by this reference (the "East Parcel"), and has arranged for title insurance
consistent with paragraph B.1 for the East Parcel, and an undivided seventy five percent (75%)
ownership interest in the East Parcel has been conveyed to the City and the deed for such conveyance
recorded in the records of the Larimer County Clerk and Recorder, in exchange for the City's payment of
seventy five percent(75%)of the purchase price of the East Parcel.
3. Upon acquisition of that portion of the Property described in Exhibit F, attached hereto and
incorporated herein by this reference (the "West Parcel"), the parties shall schedule a closing at a
mutually agreed date,time and location, at which the following transaction shall occur:
i. The City shall pay to the County the amount of 75% of the purchase price of the
West Parcel, in the amount of One Million Seven Hundred Sixty Six Thousand
Two Hundred Sixty Three Dollars ($1,766,263.00).
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ii. The County shall convey to the City a conservation easement encumbering the
West Parcel in substantially the form set forth in Exhibit G, attached hereto and
incorporated herein by this reference(the"Conservation Easement").
iii. The County shall submit the Conservation Easement, upon acceptance by the
City, to the County Clerk and Recorder for recording the real property records of
the County, and shall provide a copy of the recorded Conservation Easement to
the City upon completion of recording.
4. Until such time as the above-referenced closing and conveyance of the property interests
above shall occur, Larimer County shall remain the primary negotiator of the purchase and shall have the
discretion to make decisions related to the negotiations including choice of surveyor, title company, and
other administrative matters, consistent with this Agreement. Larimer County shall promptly inform the
City of new developments in the negotiations and new material information related the Property or the
acquisition thereof.
4. In the event all or any portion of the Property is sold, exchanged, transferred or otherwise
disposed of, the net proceeds from such disposition shall be divided between the parties in the same
proportion as their respective purchase payment shares in the Property. In the event that all or any portion
of the Property is taken by eminent domain, the costs and proceeds of such condemnation shall be shared
proportionally by the parties based on the same division of proceeds as set forth herein.
5. Because the Property will be acquired in whole or in part with sales tax revenues
generated by the Larimer County "Help Preserve Open Spaces Initiative," any sale, exchange, transfer or
disposition of all or any portion of the Property shall be subject to all the provisions of Board of County
Commissioners Resolution No. R95-123g (Exhibit B) and the "Help Preserve Open Spaces Initiative"
(Exhibit C), specifically including numbered paragraphs 20 and 21 of the Initiative.
6. Because the Property will be acquired in whole or in part with sales tax revenues
generated by the City of Fort Collins"Building Community Choices"and"Open Space Yes!" sales taxes,
any sale, exchange, transfer or disposition of all or any portion of the Property shall be subject to the
provisions of Section 25-75(a) of the Code of the City of Fort Collins (Exhibit D), as applicable, and any
other restrictions applicable to the use of such sales tax receipts at the time of receipt by the City.
7. In the event one of the parties desires to sell all or any portion of its interest in the
Property and the other party does not, the parties agree to negotiate in good faith to resolve the issue prior
to undertaking any litigation. Any such conveyance shall be subject to the terms of any existing
encumbrances, restrictions or conditions applicable to the conveyed property. In addition, in the event one
of the parties desires to sell all or any portion of its interest in the Property and the other party does not,
the party desiring to sell hereby grants to the party not desiring to sell the option to purchase such interest
in the Properties for the proportional share of the fair market value of the Property, as determined by an
appraiser selected by the parties. Unless exercised, the option granted to the party not desiring to sell
shall expire two (2) years after the effective date (as provided in paragraph D.S, below) of written notice
of the selling party's determination to sell its interest in the Property.
C. Management of the Properties
1. Management Plan. On or before December 31, 2005, Larimer County and the City shall
jointly develop and adopt a written management plan for the Property (the "Management Plan"), to be
approved by the County Manager for Larimer County and the City Manager for the City. The
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Management Plan shall provide for a resource inventory for the Property and establish a plan to address
issues including, but not limited to, facilities for appropriate public access, weed control, necessary
improvements and restoration needs. Larimer County shall be responsible for managing the Property
consistent with the Management Plan. Prior to the adoption of the Management Plan, Larimer County
shall manage the Property in a manner consistent with the management of all other non-public Larimer
County open space areas. In the event the parties determine that modifications to the Management Plan
are necessary or appropriate, such changes shall be made in writing, with the approval of the County
Manager for Larimer County and the City Manager for the City. If all or any portion of the Property is
subject to leases, deeds of trust or other legal restrictions, it shall be managed in accordance therewith.
New encumbrances that may be granted or imposed in the future on the Property, such as leases, deeds of
trust, liens, easements or rights of way, shall be addressed in the next subsequent revisions of the
Management Plan, and shall be subject to the approval of the governing body of each party, each in its
sole discretion.
2. Emergency Circumstances. In the event of emergency circumstances requiring immediate
response, Larimer County shall be entitled to use reasonable discretion in responding to such
circumstances, regardless of the expressed terms of the Management Plan. If possible, any such
emergency circumstances or responses shall be subject to consultation between the parties in advance of
any action being taken. In the event advance consultation is not reasonably possible, Larimer County
shall limit its actions to those necessary to address the existing emergency, and shall make reasonable
efforts to inform the non-managing party promptly of any such event and chosen course of action.
3. Managing Entity— West Parcel. Larimer County shall be the Managing Entity for the West
Parcel and shall be responsible for all aspects of the management of the Property as stated above.
4. Management Costs — West Parcel. The Management Plan will identify various improvements
to be made to the Property, including, without limitation, such items as Recreational, Landscape, and
Habitat Improvements. Larimer County shall be responsible for the costs associated with implementing
the various improvements to the Property. Larimer County shall be responsible for the management costs
associated with the Property. "Management costs" shall be defined to include normal and customary
expenses associated with day-to-day use and operation of the Properly. Other liabilities and extraordinary
costs shall be defined to include those costs that are not associated with site improvements or
management. Any liabilities or extraordinary costs related to the use,possession or ownership of the West
Parcel shall be shared by the parties in proportion to their ownership interest in the West Parcel;provided,
however, that in the event such liability or extraordinary costs associated with the West Parcel arise solely
or in part from the negligent acts or omissions of one party, the negligent party shall be responsible for
such liability or extraordinary cost attributable to its negligent acts or omissions.
5. Property Revenues — West Parcel. Any revenues generated by the West Parcel shall be
retained by the Managing Entity for use only for management costs reasonably necessary for the current
or future years provided, however, that the Management Plan may provide that any accumulated revenues
not needed for current or reasonably anticipated future management costs may be used for improvements
to the West Parcel consistent with the Management Plan.
D. Miscellaneous Provisions.
1. This Agreement may not be assigned by either party without the prior written consent of
the other party.
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2. This Agreement shall be binding upon and inure to the benefit of the parties' respective
successors and permitted assigns.
3. Financial obligations of the parties payable after the current fiscal year are contingent
upon the governing bodies of the parties, in their discretion, appropriating the necessary funds therefor.
4. Nothing in this Agreement waives the immunities, limits of liability, or other terms and
conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended.
5. Any notices required or permitted to be given shall be in writing and personally delivered
to the office of the parties of by first class mail,postage prepaid, as follows:
To Larimer County: Open Lands Manager
Larimer County Parks and Open Lands Department
1800 South County Road 31
Loveland, Colorado 80537-9638
To the City of Fort Collins: Natural Resources Director
City of Fort Collins
Department of Natural Resources
281 North College Avenue
Fort Collins,Colorado 80521
Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually received,
or (ii) in the case of first class mail, the third day following deposit in the United States mail, postage
prepaid, addressed as set forth above. Any party may change these persons or addresses by giving notice
as required above.
6. This Agreement shall be effective upon the date of the last party to sign.
CITY OF FORT COLLINS, COLORADO
Dated: By:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
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LARIMER COUNTY, COLORADO
Dated: By:
Chair,Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk County Attorney
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EXHIBIT
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PROPERTY DESCRIPTION
A Parcel of land located in a portion of Sections 19, 20, 29, 30, and 31, T6N, R69W; and portions
of Sections 24 and 25, T6N, R70W; all of the 6th P.M., County of Larimer, State of Colorado; being
a portion of that tract of land described in a Land Survey Plat prepared by TST INC. recorded at
reception No. 98019396 at the Larimer County Clerk and Recorder's Office; and being more
particularly described as follows:
Commencing at the Southwest corner of said Section 30, T6N, R69W, said point being marked by
a #6 rebar with a 2 1/2 " aluminum cap stamped LS 5028; and considering the West line of the
Southwest Quarter of Section 30 to bear N 001 OC' 18" W, (North end of said line
being marked by a #6 rebar with a 2 1/2 " aluminum cap, stamped LS 16415) with
all other bearings relative thereto;
Thence along said West line N 00° 00' 18"W, 2645.82 feet to the West quarter corner of
Section 30;
Thence S 890 34' 39"W, 1314.49 feet to the Center East Sixteenth Corner of said
Section 25, T6N, R70W;
Thence N 001 11' 36" E, 2591.46 feet to the East Sixteenth Corner common to
Sections 25 and 24;
Thence along the South line of Section 24, N 890 52' 35"W, 1255.07 feet to a point from whence
the South Quarter of Section 24 bears N 890 52' 35" W, 40.02 feet;
Thence N 020 01' 18" E, 40.02 feet;
Thence N 890 52' 35" W, 40.02 feet to a point from whence the South Quarter
Corner bears S 020 01' 18"W, 40.02 feet;
Thence N 02° 01' 18" E, 1280.06 feet to the Center South Sixteenth Corner of Section
24;
Thence N 020 02' 10" E, 1320.09 feet to the Center Quarter Corner of Section 24;
Thence S 89103' 51" E, 2617.24 feet to the East Quarter Corner of Section 24;
Thence N 020 38' 44" E, 1302.43 feet to the North Sixteenth Corner common to Sections 19 and
24;
Thence S 891 35' 34" E, 2954.98 feet to the Center North Sixteenth Corner of Section 19, T6N,
R69W;
Thence S 89° 57' 35" E, 2619.63 feet to the North Sixteenth Corner common to Sections 19 and
20;
Thence S 000 01' 32" E, 1320.39 feet to the East Quarter Corner of Section 19;
Thence N 891 17' 14" E, 1296.46 feet to the Center West Sixteenth Corner of Section 20;
Thence S 00100' 24" E, 2654.71 feet to the West Sixteenth Corner common to Sections 20 and
29;
Thence S 001 04' 41"W, 2647.53 feet to the Center West Sixteenth Corner of Section 29;
Thence S 001 17' 59" E, 887.61 feet to a point from which the Southwest Sixteenth corner of said
Section bears S 000 17' 59" E, 450.08 feet;
Thence departing from said East line S 55124' 25"W, 789.28 feet;
Thence S 55108' 50"W, 784.09 feet to a point on the West line of said Section 29;
Thence along said West line S 001 01' 57" E, 869.42 feet to the Northeast Corner of said Section
31;
Thence along the East line of said Section 31, S 010 42' 48" W, 1481.34 feet;
Thence departing from said East line N 841 14' 14" W, 1409.95 feet;
Thence S 880 46' 03"W, 412.88 feet to the approximate center of an existing road; said point
being the beginning of a non-tangent curve concave to the East, having a central angle of 520 50'
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00" and a radius of 147.63 feet, the chord of which bears N 22° 23' 23"W, 131.36 feet, a radial
line through said point bears S 411 11' 38" W;
Thence northerly along the approximate center of said road and the arc of said curve 136.13 feet
to the end of said curve;
Thence departing from said curve N 04° 01' 37" E, 473.11 feet;
Thence N 090 44' 33" E, 53.54 feet;
Thence N 090 29' 42" E, 194.63 feet;
Thence N 130 53' 45" E, 217.63 feet;
Thence N 19159' 16" E, 426.58 feet;
Thence N 290 06' 22" E, 346.46 feet;
Thence N 300 39' 55" E, 380.63 feet;
Thence N 211 40' 05" E, 54.83 feet;
Thence N 11° 53' 18" E, 544.34 feet;
Thence N 170 23' 10" E, 85.54 feet;
Thence N 261 35' 28" E, 60.06 feet;
Thence N 37° 25' 58" E, 109.63 feet;
Thence N 441 26' 40" E, 566.51 feet;
Thence departing from the approximate center of said road N 90° 00' 00" W, 1246.89 feet;
Thence N 000 00' 00" E, 160.00 feet;
Thence N 900 00' 00"W, 2613.48 feet;
Thence S 000 00' 00" W, 1382.78 feet;
Thence S 280 25' 56"W, 387.05 feet;
Thence S 610 39' 17"W, 1226.81 feet to a point on the West line of said Section 31, T6N, R 69W;
Thence along said West line N 001 13' 58" E, 358.15 feet to the point of beginning.
The above described parcel contains 1,545.05 acres (67,302,249 sq. ft.) more or less.
Paul F. Klemperer
Professional Land Surveyor
Colorado Registration No. 33193
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INDIAN CREEK RANCH
EAST TRACT LEGAL DESCRIPTION
A Tract of land located in a portion of Sections 19, 20, 29, 30, and 31, T6N, R69W; of the 6th P.M.,
County of Larimer, State of Colorado; being a portion of that tract of land described in a Land
Survey Plat prepared by TST INC. recorded at reception No. 98019396 at the Larimer County
Clerk and Recorder's Office; and being more particularly described as follows:
Beginning at the East Quarter comer of said Section 19, T6N, R69W, said point being marked by a
2 %i' pipe with a 2 %' aluminum cap stamped LS 11989; and considering the East line of the
Southeast Quarter of Section 19 to have an assumed bearing of S 00103' 06" E, (South end of
said line being marked by a 2 '/2" pipe with a 2 1/2" aluminum cap, stamped LS 11989) with all other
bearings relative thereto;
Thence N 890 17' 14" E, 1296.46 feet to the Center West Sixteenth Corner of Section 20;
Thence S 000 00' 24" E, 2654.71 feet to the West Sixteenth Comer common to Sections 20 and
29;
Thence S 001 04' 41" W, 2647.53 feet to the Center West Sixteenth Corner of Section 29;
Thence S 001 17' 59" E, 887.61 feet to a point from which the Southwest Sixteenth corner of said
Section bears S 000 17' 59" E, 450.08 feet;
Thence departing from said East line S 550 24' 25"W, 789.28 feet;
Thence S 550 08' 50" W, 784.09 feet to a point on the West line of said Section 29;
Thence along said West line S 000 01' 57" E, 869.42 feet to the Northeast Corner of said Section
31;
Thence along the East line of said Section 31, S 010 42' 48" W, 1481.34 feet;
Thence departing from said East line N 840 14' 14"W, 1409.95 feet;
Thence S 880 46' 03" W, 412.88 feet to the approximate center of an existing road; said point
being the beginning of a non-tangent curve concave to the East, having a central angle of 520 50'
00" and a radius of 147.63 feet, the chord of which bears N 221 23' 23"W, 131.36 feet, a radial
line through said point bears S 41° 11' 38"W;
Thence northerly along the approximate center of said road and the arc of said curve 136.13 feet
to the end of said curve;
Thence departing from said curve N 040 01' 37" E, 473.11 feet;
Thence N 090 44' 33" E, 53.54 feet;
Thence N 090 29'42" E, 194.63 feet;
Thence N 130 53'45" E, 217.63 feet;
Thence N 190 59' 16" E, 426.58 feet;
Thence N 290 06' 22" E, 346.45 feet;
Thence N 300 39' 55" E, 380.63 feet;
Thence N 210 40' 05" E, 54.83 feet;
Thence N 110 53' 18" E, 544.34 feet;
Thence N 170 23' 10" E, 85.54 feet;
Thence N 260 35' 28" E, 60.06 feet;
Thence N 370 25' 58" E, 109.63 feet;
Thence N 440 26' 40" E, 568.51 feet;
Thence departing from the approximate center of said road N 900 00' 00" W, 1246.89 feet;
Thence N 000 00' 00" E, 160.00 feet;
Thence N 900 00' 00" W, 1114.73 feet;
Thence N 251 13' 13" W, 831.98 feet;
Thence N 000 20' 57" W, 784.96 feet;
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Thence N 190 43' 39" W, 985.58 feet;
Thence N 900 00' 00" W, 514.94 feet;
Thence N 000 00' 00" E, 946.76 feet;
Thence N 710 38' 45" E, 799.89 feet;
Thence N 641 27' 27" E, 620.39 feet;
Thence N 360 54' 57"W, 1356.20 feet;
Thence S 90° 00' 00" E, 789.96 feet;
Thence N 000 00' 00" E, 616.48 feet;
Thence N 900 00' 00" W, 463.76 feet;
Thence N 000 52' 49" E, 1531.70 feet to a point on the North line of the Southeast Quarter of the
Northwest Quarter of said Section 19;
Thence along said North line S 891 35' 34" E, 715.89 feet to the Center North Sixteenth Corner of
Section 19;
Thence S 890 57' 35" E, 2619.63 feet to the North Sixteenth Corner common to Sections 19 and
20;
Thence S 001 01' 32" E, 1320.39 feet to the East Quarter Corner of Section 19, said point being
the Point of Beginning.
The above described tract contains 878.41 acres (38,263,591 sq. ft.) more or less.
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INDIAN CREEK RANCH
WEST TRACT LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24 AND
A PORTION OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 6
NORTH, RANGE 70 WEST; AND PORTIONS OF SECTIONS 19, 30, AND 31,
TOWNSHIP 6 NORTH, RANGE 69 WEST; ALL OF THE 6TH P.M.; COUNTY OF
LARIMER, STATE OF COLORADO; BEING A PORTION OF THAT TRACT OF LAND
DESCRIBED IN A LAND SURVEY PLAT PREPARED BY TST INC. RECORDED AT
RECEPTION NO. 98019396 AT THE LARIMER COUNTY CLERK AND RECORDER'S
OFFICE; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 30, T6N, R69W,
SAID POINT BEING MARKED BY A#6 REBAR WITH A 2 1/2" ALUMINUM CAP
STAMPED LS 5028, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 30 TO HAVE AN ASSUMED BEARING OF
N00°00-18"W (NORTH END OF SAID LINE BEING MARKED BY A#6 REBAR WITH A
2 1/2" ALUMINUM CAP STAMPED LS 16415) WITH ALL OTHER BEARINGS
RELATIVE THERETO;
THENCE ALONG SAID WEST LINE N00°00'18"W, 2,545.82 FEET TO THE WEST
QUARTER CORNER OF SECTION 30;
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 25, S89-34'39"W, 1,314.49 FEET TO THE CENTER EAST SIXTEENTH
CORNER OF SECTION 25, T6N, R70W;
THENCE N00011'36"E, 2,591.46 FEET TO THE EAST SIXTEENTH CORNER
COMMON TO SECTIONS 25 AND 24;
THENCE ALONG THE SOUTH LINE OF SECTION 24, N89°52'35"W, 1,255.07 FEET;
THENCE NO2°01'18"E,40.02 FEET;
THENCE N89052'35"W, 40.02 FEET;
THENCE N02001'18"E, 1,280.06 FEET TO THE CENTER SOUTH SIXTEENTH
CORNER OF SECTION 24;
THENCE N02002'10"E, 1,320.09 FEET TO THE CENTER QUARTER CORNER OF
SAID SECTION 24;
THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 24, S89`03'51"E, 2,617.24 FEET TO THE WEST QUARTER CORNER OF
SAID SECTION 19;
THENCE AL014G THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 19, NO2�38'44"E, 1,302.43 FEET TO THE NORTH SIXTEENTH CORNER
OF SAID SECTIONS 19 AND 24;
THENCE ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 19, S89°35'34"E, 2,239.09 FEET;
THENCE S00°52'49"W, 1,531.70 FEET;
THENCE N90000'00"E, 463.76 FEET;
THENCE S00000'00"E, 616.48 FEET;
THENCE S90000'00"W, 789.96 FEET;
THENCE S36054'57"E, 1,356.20 FEET;
THENCE S64027'27"W, 620.39 FEET;
THENCE S71°38'45"W, 799.89 FEET;
THENCE S00°00'00"E, 946.76 FEET;
EXHIBIT
Page 2 of 3
THENCE N90000'00"E, 514.94 FEET;
THENCE S19043'39"E, 985.58 FEET;
THENCE S00020'57"E, 784.96 FEET;
THENCE S25013'13"E, 831.98 FEET;
THENCE S90°00'00"W, 1,498.74 FEET;
THENCE S00°00'00"E, 1,382.77 FEET;
THENCE S28025'56"W, 387.05 FEET;
THENCE S61°39'17'W, 1,226.81 FEET TO A POINT ON THE WEST LINE OF SAID
NORTHWEST QUARTER OF SECTION 31;
THENCE ALONG SAID WEST LINE, N00°13'54"E, 358.15 FEET TO THE POINT OF
BEGINNING.
SAID DESCRIBED TRACT CONTAINS 666.64 ACRES (29,038,659 SQUARE FEET),
MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY
NOW ON RECORD OR EXISTING.
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