HomeMy WebLinkAbout1984-143-09/18/1984-APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS ON THE ESTIMATES, COSTS, AND ASSESSMENTS FOR TH RESOLUTION 84- 143
OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE REPORT OF
THE DIRECTOR OF PUBLIC WORKS ON THE ESTIMATES, COSTS , AND ASSESS-
MENTS FOR THE PROVINCETOWNE/PORTNER ESTATES SOUTH SPECIAL IMPROVE-
MENT DISTRICT NO. 81 , APPROVING THE DETAILS AND SPECIFICATIONS FOR
SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION OF
THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN ASSESSMENT
AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS, AND
THE TIME WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED
AGAINST THE PROPERTY IN THE DISTRICT WILL BFI PAYABLE, THE RATE OF
INTEREST TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE
ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESS-
MENTS, AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND
CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS.
WHEREAS, heretofore the Council of the City of Fort Collins,
Colorado ( the "Council" ) , began proceedings to establish the
Provincetowne/Portner Estates South Special Improvement District
No . 81 (the "District" ) by the acceptance of the Petitions of
affected property owners in the area, Dueck Development , Inc.
( "Dueck" ) and MSP Investment Company ( "MSP" ) , together referred to
as the "Petitioners" , and by the Resolution of the Council adopted
on the 20th day of March , 1984, directing the Director of Public
Works to prepare and present to the Council a map of the District,
plans and specifications of the proposed District improvements,
and estimate of probable total cost thereof; and
WHEREAS, the Director of Public Works, pursuant to said
Resolution, has made his report and has presented the details and
specifications for the proposed District to the Council on the
18th day of September, 1984 ; and
WHEREAS, the Council has examined such preliminary plans ,
estimate of costs, maps and other documents, and has found and
does hereby find the same to be sufficient; and
WHEREAS, the Petitioners have waived all notice requirements
and certain other procedural requirements pursuant to Chapter 16
of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1 . That the report, preliminary plans and specifica-
tions, map and estimate of the probable total cost as prepared by
the Director of Public Works and heretofore filed with the City
Clerk and presented to the Council on this 18th day of September,
1984, for the District , be and the same hereby are, accepted ,
approved; and adopted'.
Section 2 . That the improvements to be constructed in said
District shall be constructed in three phases and shall consist
generally of street, sanitary sewer, water, and storm drainage
improvements , said improvements being more specifically described
on Exhibit "A" hereto which is incorporated herein by reference
and in the District Engineering Report on file with the City
Clerk.
Section 3 . That the lots , tracts, or parcels to be included
and assessed in each phase of the District, together with the
legal descriptions thereof , are set forth on Exhibits "B-1"
through "B-6" attached hereto and incorporated herein by
reference.
Section 4. That the following amount or proportion of the
total pr� obabTe- cost of the District improvements shall be paid by
the City at large and not by assessments against property in the
District-, to wit: $28,086 to cover the costof that portion of
the Trilby Road Improvements which are adjacent to and benefit the
City=Southside Service Center; ( in addition , there will be over-
sizing costs associated with the District improvements in the
estimated amount of $121 ,875, which will be borne by Dueck and MSP
until said improvements are constructed , inspected , and approved
by the City and thereafter will be reimbursed by the City in
accordance with §99-6F of the City Code) .
Section 5. That the method of assessment for the cost of the
District improvements shall be as set forth on Exhibit "C"
attached hereto and by this reference made a part hereof.
Section 6. That the estimated total cost of the street,
water, sanitary sewer, and storm drainage improvements in the
District , including without limitation the cost of planning,
engineering , constructing , or otherwise acquiring the improve-
ments; and excluding legal and advertising costs, interest during
construction, and until assessments are made by ordinance against
the properties benefited and other costs to the District, as shown
by the estimate of probable total cost , as made by the Director of
Public Works , is $4, 705, 614 . The estimated amount or proportion
-2-
of the total cost to be paid by other than special assessments is
$28,086. The foregoing shall constitute the maximum obligation of
the City , notwithstanding that costs might exceed estimates
heretofore submitted , unless appropriation is made therefor (not
including those oversizinq costs associated with the District
improvements in the estimated amount of $121 ,875, which will be
borne by Dueck and MSP until said improvements are constructed ,
inspected , and approved by the City and thereafter reimbursed by
the City in accordance with §99-6F of the City Code ) .
The balance of the total cost in the District ( i .e . , esti-
mated at $4, 555,653 ) upon the completion of the improvements shall
be apportioned in an assessment roll against each lot , tract, or
parcel of land to be assessed in accordance with Exhibit "C"
attached hereto , which assessment roll shall include additional
assessments to cover the costs of legal and advertising , interest
during construction and until assessments are made by ordinance
against the properties benefited , and other incidental. costs of
the District. Assessments shall be levied by an assessing
ordinance . Such assessment shall be a lien until paid in the
several amounts assessed against each lot, tract , or parcel of
land . Each total assessment shall be sufficient to cover the
portion of the total cost of the improvements to be defrayed by
special assessments .
Section 7. That Section 5 of Resolution 84-44 (previously
adopted by the Council on March 20, 1984 ) relative to the area to
be included within the District for assessment purposes , is hereby
amended to include that area set forth in the attached Exhibit
"D" .
Section 8. After any such tract or parcel is divided into
smaller parcels or other property interests , the assessment
against such tract or parcel shall be reallocated , so that the
assessment against each such smaller parcel or other property
interest shall bear the same ratio to the original assessment
against such tract or parcel as the proportionate interest in such
smaller parcel or other property interest bears to the interest in
sellable land in such oriqinal tract or parcel as so divided into
smaller parcels or other property interests . The entire unpaid
principal of such assessment or reallocated assessment, as the
case may be, together with interest accruing thereon to the next
assessment interest payment date, except to the extent that
interest on the bonds to be issued by the City for the District
have been capitalized through such date shall be immediately due
-3-
and payable by the seller or transferor thereof prior to the sale
or transfer of any such tract or parcel , or portion thereof , if
such tract or parcel shall have been divided as aforesaid , unless
the purchaser or transferee thereof shall acknowledge , in writing ,
receipt of notice that the seller or transferor is not payinq such
assessment or reallocated assessment in full prior to such sale or
transfer and that such assessment or reallocated assessment
against such tract or parcel , or portion thereof, as the case may
be , shall continue to be a lien thereon .
Section 9. Said assessments shall be payable in not more
than fifteen ( 15 ) equal annual installments with the interest on
the unpaid installments to be the same as the interest rate
payable on the bonds to which interest rate shall not exceed
eiqhteen percent ( 18% ) per annum.
Section 10 . That on the 30th day of October 1984, at the
hour of 5: 30 p.m. or as soon thereafter as t e— m� may be heard
in the Council Chambers of the City Hall , City of Fort Collins ,
Colorado, the Council will consider the ordering by ordinance of
the proposed improvements and hear all complaints and objections
that may be made and filed in writing concerning the proposed
improvements by the owners of any real estate to be assessed and
any other interested persons .
Section 11 . That the Petitioners in said District have
waived all notice requirements pursuant to Chapter 16 of the Code
of the City of Fort Collins .
PASSEL' AND ADOPTED at a reqular meeting of the Council of the
City of Fort Collins this 18th_ day of September_, 1984.
Mayor
ATTEST:
City
-4-
EXHIBIT "A"
PHASE I IMPROVEMENTS
Provincetowne Improvements
Street Improvements . The following street improvements will
consist generally of curb, gutter, sidewalk, asphalt, and base
course:
(1 ) BRITTANY DRIVE, a modified local street with a median
island and left turn lanes which varies in width from flow line to
flow line from 48 feet ( including a median island 12 feet in
width ) to 52 feet ( including a median island 4 feet in width and a
left turn lane 12 feet in width) , from its intersection with
Trilby Road, South to its intersection with Province Road, a
distance of approximately 2, 500 feet. A detached 4-foot sidewalk
will be constructed on the east side of Brittany Drive , and an
8-foot wide jogging trail will be constructed along the west side
of Brittany Drive .
( 2) PROVINCE ROAD, a modified collector road with a median
island and left turn lane which varies in width, from flow line to
flow line, from 60 feet ( including a median island 12 feet in
width ) to 64 feet ( including a median island 4 feet in width and a
left turn lane 12 feet in width) , from its intersection with
Brittany Drive , East to Lemay Avenue, a distance of approximately
903 feet. A detached 4-foot sidewalk will be constructed along
the south side of Province Road , and an 8-foot wide jogging trail
will be constructed along the north side of Province Road.
Storm Sewer Improvements . Storm sewer improvements located in the
following areas will consist generally of reinforced concrete pipe
( "RCP" ) , RCP flared end sections, inlets, and manholes :
( 1 ) Intersection of Trilby Road and Brittany Drive.
( 2) Intersection of Brittany Drive and Somerly Drive.
( 3) Trilby Road, at approximately 1 ,680 feet West of its
intersection with Lemay Avenue .
( 4) Intersection of Brittany Drive and Granville Drive .
( 5) Intersection of Brittany Drive and Province Road .
( 6 ) Intersection of Province Road and Lemay Avenue.
Water Improvements. The water improvements will consist generally
of water mains and appurtenances thereto , including gate valves,
tees , crosses , reducers , and fire hydrant assemblies, and will be
located as follows :
( 1 ) An 8-inch water main under BRITTANY DRIVE, from its
intersection with Trilby Road , South to its intersection with
Province Road , a distance of approximately 2,450 feet.
( 2) An 8-inch water main under PROVINCE ROAD, from its
intersection with Lemay Avenue, West to its intersection with
Brittany Drive , a distance of approximately 880 feet.
Sanitary Sewer Improvements. The sanitary sewer improvements
will consist generally of sanitary sewer mains , manholes , and
plugs and will be located as follows:
( 1 ) An 8-inch sanitary sewer main under Brittany Drive, from
approximately 130 feet North of its intersection with Granville
Drive , and running South a distance of approximately 730 feet .
( 2) An 8-inch sanitary sewer main under Province Road , from
its intersection with Lemay Avenue, West to its intersection with
Brittany Drive , a distance of approximately 903 feet.
Somerly at Provincetowne ( Phase I ) Improvements
Somerly at Provincetowne is a planned unit development to be
developed in three phases located within the Provincetowne Master
Plan and heretofore in Resolution 84-44 of the City known and
referred to as "Brittany Ridge" .
Street Improvements. The following streets will be modified local
streets 24 or 28 feet in width as more particularly shown on
Exhibit "A-1" , Map of District Improvements, attached hereto and
incorporated herein by reference , and will consist generally of
curb, gutter, sidewalk, asphalt, and base course:
( 1 ) SOMERLY DRIVE and SOMERLY PLACE ( a continuation of
SOMERLY DRIVE) , a distance of approximately 444 feet with a
-2-
roadway width of 24 feet , flow line to flow line , and Somerly
Drive , a distance of approximately 826 feet with a roadway width
of 28 feet , flow line to flow line .
( 2) RUMFORD STREET and RUM,FORD PLACE, a distance of approxi-
mately 617 feet with a roadway width of 24 feet, flow line to flow
line .
( 3) ROGUE BLUFFS, a distance of approximately 328 feet with
a roadway width of 24 feet, flow line to flow line.
( 4 ) EAST SUMMER DRIVE, a distance of approximately 365 feet
with a roadway width of 24 feet , flow line to flow line .
( 5) BISKAY STREET, a distance of approximately 97 feet with
a roadway width of 28 feet, flow line to flow line .
Water Improvements. The water improvements will consist generally
of water mains and appurtenances thereto, including gate valves,
tees , crosses, reducers , bends , service stubs, curb stops,
blow-off assemblies , and fire hydrant assemblies , and will be
located as follows :
( 1 ) Approximately 532 feet of 4-inch water line under Rogue
Bluffs and East Summer Drive .
( 2) Approximately 1 ,290 feet of 6-inch water line under a
portion of Rogue Bluffs South of Somerly Drive, and under a
portion of Somerly Drive, Rumford Street, and Rumford Place.
( 3) Approximately 920 feet of 8-inch water line located
under a portion of Somerly Drive, West of Brittany Drive, and
under a portion of Biskay Street, South of Somerly Drive.
Storm Sewer Improvements. Storm sewer improvements will be
located in the North end of Rumford Place and will consist
generally of RCP and inlets.
Sanitary Sewer Improvements . Sanitary sewer improvements will
consist of approximately 2,445 feet of 8-inch sanitary sewer line
under all interior streets of Somerly (Phase I) and running North
from the Northeastern curve of East Summer Drive to Trilby Road,
as shown on Exhibit "A-l" .
-3-
Portner Estates South Improvements
Street Improvements . Street improvements will consist generally
of curb, gutter , sidewalk, asphalt, and base course for BRITTANY
DRIVE, a collector street 50 feet in width running from its inter-
section with Trilby Road , North and East to its intersection with
Lemay Avenue, a distance of approximately 1 ,550 feet.
Storm Sewer Improvements . Storm sewer improvements will consist
generally of curb inlets, 15 and 18-inch R.C .P, and concrete end
sections under and crossing Brittany Drive from its intersection
with Compton Road, East to a point approximately 620 feet West of
Lemay Avenue , and also crossing Brittany Drive at a point
approximately 370 feet west of Lemay Avenue .
Water Improvements. Water_ improvements will consist generally of
gate valves , tees , crosses , reducers , fire hydrant assemblies, and
approximately 1 ,559 feet of 8-inch water main under Brittany Drive
from its intersection with Trilby Road, North and East to its
intersection with Lemay Avenue .
Sanitary Sewer Improvements . Sanitary sewer improvements will
consist generally of manholes , plugs, and approximately 1 ,435 feet
of 8-inch sanitary sewer line under Brittany Drive, South and West
from its intersection with Lemay Avenue to a point approximately
100 feet North of the intersection of Brittany Drive and Trilby
Road.
Trilby Road Improvements
Street Improvements. Street improvements will consist generally
of curb, gutter, sidewalk, asphalt, and base course for TRILBY
ROAD, an arterial street 70 feet in width, flow line to flow line,
running West from its intersection with Lemay Avenue, on the North
half of Trilby Road, a distance of approximately 1 ,373 feet, and
on the South half of Trilby Road a distance of approximately 2,033
feet.
Water Improvements. Water improvements will consist of gate
valves , tees, crosses , reducers, and fire hydrant assemblies and
approximately 1 ,445 feet of a 12-inch water main under Trilby
Road , West from its intersection with Lemay Avenue.
-4-
Sanitary Sewer Improvements. Sanitary sewer improvements will
consist generally of manholes , plugs , and approximately 1 ,200 feet
of 8-inch sanitary sewer main under Trilby Road , West from its
intersection with Lemav Avenue .
PHi%SE II IMPROVEMENTS
Provincetowne Improvements
Street Improvements. The following street improvements will
consist generally of curb, gutter, sidewalk, asphalt, and base
course:
( 1 ) PROVINCE ROAD, a modified collector road 60 feet in
width, from flow line to flow line , from its intersection with
Bristol Drive, East to its intersection with Brittany Drive , a
distance of approximately 300 feet. A detached 4-foot sidewalk
will be constructed along the south side of Province Road , and an
8-foot wide jogging trail will be constructed along the north side
of Province Road.
( 2) BRISTOL DRIVE, a modified collector road with a median
island and left turn lane which varies in width from flow line to
flow line from 60 feet ( including a median island of 12 feet in
width) to 64 feet ( includinq a median island 4 feet in width and a
left turn lane 12 feet in width) , from its intersection with
Windsor Road, County Road 32, North to its intersection with
Province Road , a distance of approximately 2,820 feet. A detached
4-foot sidewalk will be constructed along the east side of Bristol
Drive, and an 8-foot wide jogging trail will be constructed along
the west side of Bristol Drive .
Storm Sewer Improvements . Storm sewer improvements located in the
following areas will consist generally of RCP, CMP, RCP, and CMP
flared end sections, inlets , and manholes :
( 1 ) Intersection of Bristol Drive and Province Road.
( 2) Intersection of Bristol Drive and Windsor Road, and
crossing Bristol Drive at intervals of 1 ,000, 1 ,370, and 1 ,900
feet North of the intersection of Bristol Drive with Windsor
Road.
( 3 ) Temporary storm drainage crossings within the future
alignment of Province Road at points approximately 200 feet, 1 ,400
-5-
feet, and 2, 400 feet west of the intersection of Bristol Drive and
Province Road , and also at the intersection of Province Road and
College Avenue.
Water Improvements. Water improvements will consist generally of
water mains and appurtenances thereto, including gate valves,
tees , crosses , reducers , and fire hydrant assemblies, and will be
located as follows :
( 1 ) A 14-inch water main under Province Road from Brittany
Drive , West to its intersection with Bristol Drive , a distance of
approximately 300 feet .
( 2) A 20-inch water main under Bristol Drive from its
intersection with Windsor Road , North a distance of approximately
1 , 135 feet, at which point it will be reduced to a 16-inch water
main continuing North to the intersection of Province Road and
Bristol Drive , a distance of approximately 1 ,685 feet.
( 3 ) A 14-inch water main under the future alignment of
Province Road from its intersection with Bristol Drive , West a
distance of approximately 1 , 284 feet , at which point the main will
be increased to a diameter of 18 inches and will run West within
Province Road approximately 2,900 feet to the intersection of
Province Road and Colleqe Avenue.
Sanitary Sewer Improvements . The sanitary sewer improvements will
consist generally of sanitary sewer mains , manholes , and plugs and
will be located as follows :
( 1 ) An 8-inch sanitary sewer main under Province Road from
its intersection with Brittany Drive, West to its intersection
with Bristol Drive , a distance of approximately 300 feet.
( 2) An 8-inch sanitary sewer extension under Lemay Avenue
from its intersection with Province Road to its intersection with
Trilby Road a distance of approximately 2,400 feet.
Somerly at Provincetowne (Phase II) Improvements
Street Improvements. The following streets will be modified local
streets 20 , 24 , or 28 feet in width as more particularly shown on
Exhibit "A-l" and will consist generally of curb, gutter „ side-
walk, asphalt, and base course.
-6-
( 1 ) NANTUCKET STREET, a distance of approximately 267 feet.
( 2) PAWTUCKET STREET, a distance of approximately 267 feet.
( 3) HYDE PARK, a distance of approximately 833 feet .
( 4) ROGUE BLUFFS, a distance of approximately 417 feet.
( 5) ARGYLE STREET, a distance of approximately 443 feet .
( 6 ) HAVERHILL STREET, a distance of approximately 653 feet.
( 7) CRANBERRY PARK, a distance of approximately 94 feet .
( 8 ) RANGELY STREET, a distance of approximately 94 feet .
( 9) BISKAY STREET, a distance of approximately 675 feet.
( 10) AMHERST DRIVE, a distance of approximately 762 feet.
Water Improvements. The following water improvements will consist
generally of water mains and appurtenances thereto, including gate
valves , tees , crosses , reducers, and fire hydrant assemblies , and
will be located as follows:
( 1 ) A 4-inch water main under Nantucket Street, Pawtucket
Street , Hyde Park, Argyle Street , a portion of Haverhill Street,
East of Rogue Bluffs , and a portion of Cranberry Park, South of
Amherst Drive , a total distance of approximately 1 ,865 feet.
( 2) A 6-inch water line under Rogue Bluffs, a portion of
iska Street and a portion of Ran el
Haverhill Street , East of B y p g y
Street, South of Amherst Drive , a total distance of approximately
1 ,000 feet.
( 3) An 8-inch water line under Biskay Street and Amherst
Drive, a distance of approximately 1 ,460 feet.
Sanitary Sewer Improvements . Sanitary sewer improvements will
consist 0F approximately 4, 360 feet of 8-inch sanitary sewer line
under all interior local streets of Somerly (Phase II) at
Provincetowne , as shown on Exhibit "A-1" .
-7-
PHASE III IMPROVEMENTS
Somerly at Provincetowne ( Phase III ) Improvements
Street Improvements . The following streets will be modified local
streets 20 , 24, and 28 feet in width with the exception of
Granville Drive which is a modified local road 36 feet in width,
and Andover Street which will be a local road feet in width
a distance of 276 feet and will then become a modified local road
36 feet in width for a distance of 260 feet , as more particularly
shown on Exhibit "A-1" , and will consist generally of curb,
gutter, sidewalk, asphalt, and base course:
( 1 ) GRANVI.LLE DRIVE, a local road from its intersection with
Lemay Avenue , West a distance of approximately 1 ,780 feet .
( 2) CRANBERRY PARK, a distance of approximately 1 ,350 feet.
( 3) TF.ATICKET STREET, a distance of approximately 277 feet.
( 4 ) WHYTECLIFF STREET, a distance of approximately 1 ,771
feet.
( 5 ) GILSUM CIRCLE, a distance of approximately 1 ,769 feet.
( 6 ) RANGELY STREET, a distance of approximately 311 feet.
( 7 ) AMHERST DRIVE, a distance of approximately 406 feet.
( 8 ) CATHAY STREET, a distance of approximately 702 feet .
Storm Sewer Improvements Storm sewer improvements will be located
in the following areas and will consist generally of RCP, RCP
flared end sections , and inlets :
( 1 ) Intersection of Granville Drive and Lemay Avenue.
( 2) Intersection of Andover Street and Lemay Avenue .
( 3 ) Intersection of Granville Drive and Brittany Drive.
Water Improvements . Water improvements will consist generally of
water mains and appurtenances thereto, including gate valves,
tees, crosses, reducers, and fire hydrant assemblies , and will be
located as follows :
-8-
( 1 ) An 8-inch water main under Granville Drive from its
intersection with Lemay Avenue , West a distance of approximately
1 ,780 feet .
( 2) Approximately 2, 265 feet of a 4-inch water line under
Teaticket Street , Cranberry Park, and Whytecliff Street
( 3 ) Approximately 1 ,974 feet of 6-inch water line under
Rangely Street, Gilsum Circle , and a portion of Cathay Street
between Amherst Drive and Granville Street.
( 4) Approximately 1 ,400 feet of 8-inch water line under a
portion of Amherst Drive between Brittany Drive and Cathay Street,
within a portion of Cathay Street between Amherst Drive and
Andover Street, and within Andover Street, East to Lemay Avenue.
Sanitary S ewer Improvements . Sanitary sewer improvements will
consist generally of sanitary sewer mains, manholes , and pluqs and
will be located as follows :
( 1 ) An 8-inch sanitary sewer line under Granville Drive from
its intersection with Cathay Street, West to its intersection with
Brittany Drive, a distance of approximately 500 feet , and from its
intersection with Rangely Street, West a distance of approximately
340 feet.
( 2) An 8-inch sewer main located under all interior local
streets of Somerly at Provincetowne (Phase III ) , a distance of
approximately 6, 474 feet, as more particularly shown on Exhibit
"A-l" .
-9-
EXHIBIT "B-l"
LEGAL DESCRIPTION OF PROVINCETOWNE P.U.D.
That portion of Section 13 , Township 6 North, Range 69 West
of the 6th Principal Meridian , Larimer County, Colorado being more
particularly described as follows : Considering the West line of
the Northwest Quarter of said Section 13 as bearing North
00*03130" West and with all hearings contained herein relative
thereto: Beginning at the West Quarter Corner of said Section 13 ,
thence along the South line of the Northwest Quarter of said
Section 13, South 89050100" East 51 .50 feet to a point on the East
right of way of U.S. Highway No . 287, as fenced , said point also
being on the South line of that certain tract of land described in
deed recorded in Book 1108, Page 489 records of said county and
the True Point of Beginning; thence along the Southerly line of
said Book and Page the following eight ( 8 ) courses and distances ,
South 89* 50100" East 137. 33 feet , North 01* 59130" West 109. 40
feet , North 15* 55130" East 300 . 00 feet North 26023 ' 30" East 300.00
feet , North 58026130" East 180.00 feet , South 75016130" East
200. 00 feet, South 28006 ' 30" East 150. 00 feet , South 53022 ' 30"
East 126 . 01 feet to the Southwest Corner of that certain tract of
land described in deed recorded in Book 1170 Page 101-102 records
of said county, thence along the Southerly line of said Book and
Page the following four ( 4 ) courses and distances, South 53° 22 ' 30"
East 118 . 99 feet, South 79010100" East 120. 00 feet, South
63* 28100" East 110 . 00 feet, South 41 ° 53 ' 00" East 58. 88 feet to the
Southwesterly line of that certain tract of land described in deed
recorded in Book 1257, Page 254 records of said county; thence
along the Westerly and Southerlv line of said Book and Page South
41035100" East 116 . 18 feet; South 37037 ' 00" East 294.05 feet to
the South line of the Northwest Quarter of said Section , thence
along said line South 89° 50 ' 00" East 219. 87 feet to the Southwest
Corner of that certain tract of land described in deed recorded in
Book 1371 , Page 852 records of said county; thence along the
Westerly and Northerly lines of said tract the following six ( 6 )
courses and distances , North 33° 53 ' 00" West 850 .62 feet, North
00005100" East 323. 60 feet, South 72057100" East 367. 20 feet ,
South 69014100" East 161 .12 feet, South 74010130" East 326. 74
feet, North 86°29 ' 00" East 553. 76 feet to the East line of the
Northwest Quarter of said Section 13, thence along said line North
00016128" West 746. 39 feet to the South line of Moberly heights
Subdivision, thence along the South and East line of said Subdivi-
sion, South 89049 ' 28" East 600. 00 feet , thence North 00016 ' 28"
West 1053. 60 feet to a point on the South right-of-way of an
existing County Road , said point being 30.00 feet South of the
north line of the Northeast Quarter of said Section 13, thence
along said right-of-way, parallel with and 30.00 feet South of
said North line of the Northeast Quarter , South 88017 ' 23" East
2073. 21 feet to a point on the West right-of-way of an existing
County Road said point being 30. 00 feet West of the East line of
the Northeast Quarter of said Section 13 , thence along said
riqht-of-way, parallel with and 30. 00 feet West of said East line
of the Northeast Quarter South 00005144" West 5225. 30 feet to the
North right-of-way fence of an existing County Road thence along
said right-of-way fence the following five ( 5 ) courses and
distances, South 89° 34 ' 00" West 428. 85 feet to the beginning of a
tangent curve concave to the North , having a central angle of
06047100" and a radius of 2000. 00 feet; thence along the arc of
said curve , 236. 78 feet; thence tangent from said curve North
83° 39 ' 00" West 534. 00 feet, thence South 85006100" West 605.00
feet; thence North 88004 '17" West 840. 00 feet to the East Boundary
line of Victoria Estates as monumented in the field, thence along
the Easterly and Northerly boundary of said Victoria Estates as
monumented in the field the following six ( 6 ) courses and
distances; North 00000122" West 1455. 57 feet, South 85005 ' 20" West
615 .00 feet North 72006120" West 300. 00 feet , North 61040144" West
399. 84 feet , South 89049122" West 544. 00 feet, North 75°08 ' 24"
West 842. 44 feet to the East right-of-way of U.S. Highway No . 287
as fenced, thence along said East right-of-way North 00007100"
East 740. 36 feet to the True Point of Beginning. Said tract
contains 402. 86+ Acres . Subject to all existing easements and
rights-of-way of record;
EXHIBIT »B^2o
LEGAL DDOCRIPI.I00 OF S0M2RLY AT 2ROVINCCTOW08 (PHASE I) P. U.D .
�
nap portinn of the Northeast quarter of Section 17, Township 6
Worth , Range 69 West of the 6th Principal Meridian, CountY of
Larimer, State of Colorado, being more particularly described as
{ ollows:
70nszder3ng the North line oi the Northea�t quarter as Kearin'; Eouth
n8- iW -23'' East and with aK hearinms contained hur-nr. rela�ive
Aerec:. Deginnin4 at ||'e Nurih qu*riur correr cv caid n"ct on i3�
ine/ce aiunq the North li :v : 400 Horthpasi :»arnu bmuti'
�
27-" East 600. 5d or Lo } i.e yI [ F130T OF DlO! WV |,W thcnce
alony said Nc.'vh ] ir'e 5outh Eani .
ij� nce 1eavicg t .` i ,i Qorl 1. lira, Q,uih r ! he*i , 5w. 0(`
-o a poiniz oV a tar.geni ''crv- conca,e to ti'e :1011iheasi ''aning a
cer.tral angle of 90-30` -35 ' VadL:s ov 70. 00 feeL thn lor.q chord of
wV . ch bears South 46-42- -37" 'ipsi , 28. : 8 took; b'uncp aiu;q the arc
� of said curve 31 . 42 feet ; ti'''`ce tangeni from said urvo SouLh
42' -37" West, 426. L� jse� , +hence North 8G- 17` -73" Went . 1150. 2l
too: th 04 -10' -z7" �^�s� , 456. 59 ipci tu t.0 No/ t1h ' ire of
�:ortheast quaricr +:d th- T�UE POIIT OF GEEIHNTN" .
� -
�° ld parcsl coniains l& O0 acres more or less.
�
�
�
�
�
EXHIBIT "B-3"
LEGAL DESCRIPTION Or PORTNER ESTATES SOUTH P.U.D.
Commencing at the Southeast corner of Section 12 , Township 6
North , Range 69 West of the 6th P.M. , said point being the Point
of Beginning ; thence North 88027140" West along the South line of
said Section 12 a distance of 1443. 94 feet; thence North 00°00 ' 00"
East 2042. 92 feet; thence South 87033154" East, 656. 25 feet;
thence South 87034 ' 09" East , 258. 00 feet; thence South 00000 ' 00"
West, 614. 37 feet; thence North 90000100" East, 530.00 feet to a
point on the East line of said Section 12 ; thence South 00°00 ' 00"
West along the East line of said Section 12 a distance of 1428. 50
feet to the Point of Beginning, County of Larimer, State of
Colorado. The above described parcel contains 59.98 acres, more
or less.
EXHIBIT "B-4"
LEGAL DESCRIPTION OF PROVINCETOWNE P.U.D.
EXCLUDING SOMERLY AT PROVINCETOWNI? ( PHASE 1 ) Y.U. D.
That portion of Section 13 , Township 6 North , Range 69 West
of the 6th Principal Meridian , Larimer County , Colorado being more
particularly described as follows : Considering the West line of
the Northwest Quarter of said Section 13 as bearing North
00003 ' 30" West and with all bearings contained herein relative
thereto: Beginning at the West Quarter Corner of said Section 13 ,
thence along the South line of the Nor. tnwest Quarter of said
Section 13 , South 89050 ' J0" East 51 . 50 feet to a point on the East
right of way of U . S. ❑i.ghway No . 287, as fenced , said point also
being on the South line of that certain tract of land described in
deed recorded in Book 1108, Page 489 records of said county and
the True Point of Beginninq ; thonce along the Southerly line of
said Book and Page the following cight ( 8 ) courses and distances ,
South 89° 50 ' 00" East 137. 33 feet , North 01059130" West 109. 40
feet , North 15055 ' 30" East 300. 00 feet North 26° 23 ' 30" East 300.00
feet , North 58026 ' 30" East 180. 00 feet , South 75016 ' 30" East
200 . 00 feet , South 28° 06 ' 30" East 150 . 00 feet , South 53022 ' 30"
East 126. 01 feet to the Southwest Corner of that certain tract of
land described in deed recorded in Book 1170 Page 101-102 records
of said county , thence along the Southerly line of said Book and
Paap the following four ( 4 ) courses and distances , South 53022 ' 30"
East 118 . 99 feet , South 79010 ' 00" East 120.00 feet , South
63028 ' 00" East 110 . 00 feet , South 41053100" East 58. 88 feet to the
Southwesterly line of that certain tract of land described in deed
recorded in Book 1257, Page 254 records of said county; thence
along the Westerly and Southerly line of said Book and Page South
41035 ' 00" East 116. 18 feet; South 37037100 East 294. 05 feet to
the South line of the Northwest Quarter of said Section , thence
along said line South 89° 50 ' 00" East 219 . 87 feet to the Southwest
Corner of that certain tract of land described in deed recorded in
Book 1371 , Page 852 records of said county; thence along the
Westerly and Northerly lines of said tract the following six ( 6 )
courses and distances , North 33053100" West 850. 62 feet , North
00005 ' 00" East 323. 60 feet , South 72057 ' 00" East 367. 20 feet ,
South 69014 ' 00" East 161 . 12 feet , South 74010 ' 30" East 326. 74
feet , North 86° 29100" East 553. 76 feet to the East line of the
Northwest Quarter of said Section 13 , thence along said line North
00 ° 16 ' 28" West 746. 39 feet to the South line of Moberly Heights
Subdivision , thence along the South and East line of said Subdivi-
sion , South 89° 49 ' 28" East 600. 00 feet , thence North 00016 ' 28"
West 1053. 60 feet to a point on the South right-of-way of an
existing County Road , said point being 30.00 feet South of the
north line of tiie Northeast Quarter 0f ,aid Section 13 , thence
along said right-of-way , parallel with and 30. 00 feet South of
said North line of the Northeast Quarter , South 88" 17 ' 23" East
2U73 . 21 feet to a point on the west right-of-way of an existing
County Road said point being 30. 00 feret West of the East line of
the Northeast Quarter of said Section 13 , thence along said
riq_ht-of-way, parallel with and 30. 00 feet West of said East line
of the Northeast Quarter South 00005144" West 5225. 30 feet to the
North right-of-way fence of an existinq County Road thence along
said right-of-way fence the following five ( 5 ) courses and
distances , South 89° 34 ' 00" West 428. 85 feet to the beginning of a
tangent curve concave to the North , having a central angle of
06047 ' 00" and a radius of 2000. 00 feet ; thence along the are of
said curve , 236. 78 feet; thence t-angent from said curve North
83039100" West 534. 00 feet , thence South 85006 ' 00" West 605.00
feet ; thence North 88004117" West 840 . 00 feet to the East Boundary
line of Victoria Estates as monumented in the field , thence along
the Easterly and Northerly boundary of said Victoria Estates as
monumented in the field the following six ( 6 ) courses and
distances ; North 00000 ' 22" West 1455. 57 feet , South 85' 05 ' 20" West
615 . 00 feet North 72006 ' 20" West 300. 00 feet , North 61 ° 40 ' 44" West
399. 84 feet , South 89049 ' 22" West 544 . 00 feet , North 75008 ' 24"
West 842. 44 feet to the East right-of-way of U.S . Highway No . 287
as fenced , thence along said East right-of-way North 00007 ' 00"
East 740. 36 feet to the True Point of Beginning. Said tract
contains 402. 86+ Acres . Subject to all existing easements and
rights-of-way of record ;
Excluding the following property :
LEGAL DESCRIPTION OF SOMERLY AT PROVINCETOWNE ( PHASE 1 ) P.U. D.
of the Nort:he -A:. LJU'-tr ::Er- of ;c•�t on 1' rut-mshiP 6
,
. 69 4Jesi. of the 'nth F'riru'_it,ri.t I-i•:::- ici Cnntr;ty ❑f
r::r �t.-.i:e of Coloradu' bell:(! m.lrr Iir+.rLict.: l ii ! dc•= rr !:ied ars
t[ifa Borth i i Iv- ui hr.-% i t t-ut.h
t and with a.t i. i tr•s11,i. :•tl':'. r.,oIIl •i •ir I- ,I e:,i .
.. i+e=oi.nninq z+.i l i ,:. !•.! ,�.. iJ.i gtl-ir i.:ar- I n. :i,:.; It -. .::i
thF Hot i_1, t":i I :nI ii-:r ..1=..i c;utir r_a:,i t. uii—I
' :st. i _•? i :=i. i..: 1-hag 1 is ;:ii!N! U - is l'•Ji. l ! :i,.. L .•'n
I „ . r. �. . nor: 7 :a;. o . ,. r: : it F_ ,, ,.Ill ;-i;i i , . . .:: I �::r: i : •• . . •: ;'
' ., .. . •-. _, ,;.it ri Lit'Vi-' 1:1.( 1•. t 1 II .'S't va Illi i
' cn: . � = t . ti.. fr :_ LIir It: :l• i_,u:d ::r:l. .r :n r_.. il ::w 3cr:C.t:
iJ f'==.{_, I.'.^l. „ f SE•%_ Il(?V i l' i.'1!_I'..t I ,Cr- t - l l _.:. .. � ii.,.. �c
�• - i,C-. • It .a..._i- , -r :-;>.. t.i'• • "e•t. rr tru !J.;rii lil`` crF
i ! l : h.li :if :,CE
EXHIBIT oU-5»
�
LEGAL DESCRIPTION OF S0MERLY AT y80VINCET0WNC (2O8SD II) P.U.D.
That portion of the Northeast quarter of Section 13, Township 6
� North, Range 69 West of the 6th Frinczpal Neridian, in the City of
Fort Collins . County of Larimer , Mace of Coiorado' being more
particularly described as f01l0ws;
Cocs : derinO Cho North line of sazd Not tIeast quarter as heariny
5p:th 88-17` -23" Last and with all bearinqs contained herein
re : - iive thereto. 5eginnino ui the Hurth quarter corner of suid
eci � c: 13; Lhencc aiunq said l!orth } ine ncud' 85-l7' Z3'' East,
� ^
tkence jeavin; i /.rtn iir'e a] unq the "�sterI v
� inn nf Hhsse [ o+ �o':wrlv ai ; . U. b� ` 5uuih
t:ast , 4:6. 1: 9 f-wL1 Qpxce ] e1^zn� t,Vld ""Hwer 7 i`o/.dar �
ii 5s ong the s auk 5erL ; bo`:"dary lioe o ' said F|/,se L , : c :h..
:R East , 1176, 71 feei : thence leaving A.io suurnerK,
hou:dary iinm alonq nhe easterly ri of Brii tanv Drj ve
beiP7 also the casterly Luur.c!or ; line uf Phase I7 of 5omerly .` t
Frovince town a. Gou| h 6 ! -42' -77" West 7� � i fepL io a pozn - n�
UP VP conc`wc io the was ` ha;! n; a radius C ' � A 70`)
chord wh ' cn t rs
u Fpsi , ?et ; 11,e11 -e cont: k:.i "n airny �a . .
-an; e/ iv bnundsr � line scua�."rl ; alsr/g ! he arc of said cw'vp
� 70 tang"n� Fro:' sa. 0 curve South O6-4�!` � " Wcsa 25:, &0
feei to e poLnt :f curvaiure of * r"rve concave Lc i5xv Easn hav : :q a
r*di /s cf w7. 00 feeL , o cenir^l angle of and a lon9
choi 0 whict he�rs Sv:th M-12' -77" West , 84. S] foet: thence
SuuiheKv along thc are: of said curv," 84. 04 feet ; thence tangent
from sazd curve South West , 307. 23 feei ; ihyrce leaving
said easterly right-of-way North 88-17' -23" West 744. 00 feet ; thence
Norta 01 -42` -37" East, 42, 00 feet; thence North 88-17` 23" Wesr ,
95. 30 feet ; thence North 01-42' -37" East , 52. 00 fcec ; thence North
JG-l7' -Z3` West , 264. 59 feet; thence along the westerlv boundary
line of said Phase I ! of 5umerly at Frovincetowne, North (}0-16' -28"
West ` 670. 41 feet to the TRUE FOlNT OF BMINHINE.
Gaid parcel contains 19. 04 acres more cr less.
� ��
EXHIBIT oD-6"
LEGAL DESCRIPTION OF 80MEBLY AT PR0VINCEI0WND (PHASE III) P.U. D.
That portion of the Northeast quarter uf bccLior/ 13, Township 6
Ncrth, Range 69 West of the 6th priMcipal Meridian, in the City of
Fort Collins , County of Larimer , state of Colorado, being more
particularly described as follows:
� Co:Eidering the North line of said NurLhost quarter as bearing So:Lh
88-17' -23" East and with all boor n;s containpd hsr" : " aLive
thereto. Beginning at the Kort!` ;uarten crrner of F030 Section 13;
thence along said nrrtt linc 5cuth 88 �7 -?Z" Foot, 030. 34 feet :�
th*nce leav: r.g said A,- in ii .a ziunn we0eriY h'unwaro ] zne o-
i'hise l oF Tomerl � a� i`ro,: r,zdt;, n' ' . Sb
4c&. E9 fcei ; thr:cs 7 ,av! ng , aId ,v / �o� � � ouc:c/^ / i � n� alony
south( r � y Pounrary ! Irz ca! o 1 as~ l , x' ."��K 3O- 1 1 Eas�
� 1 �b. ,1 ieet ; i}kerrc l a, n; sa , .| snuii .,/ 4mu/xOary line i :ng the
e�ste-l > rignt-of-yav rf Hr/ L 7an- Or 1e bp' r,] oiso ine easteriy
line of 7h*5e i [ o, So','y : `' .'t i`ro," m:"i mmol F - U. ]`� , "tn
west , 33 , 11 feet tn . p:: `t r4acnre o; a ohr/e
Qe Kem ng ., r/^-' . , �+ 7, v� f-�Pt , rpnW"l
�%� 4�� �'� ' , �nd a :. 0 ^| " ' : he, ,, H»�th 07-yi &3, Ncsc
7� we i�i,ercp *n��i�p�� � �l ''r1 � i '* `� "f ''�z � , .c� ^~ '^` � 4 feat
'./ � � � � � ` � " �
{ � i , 1 JTN7 Of- BEG ENV! WS, i t !: a l 'a,%CC s��" c! ee0 t er} �
/ ot-cl-way alo:g ii�c "urihzr ] v :� :/xi.«-y 4 , wp of Fh"se III wf
Soserly at Frovircetowr�e F. U. l>. , 6cuiM 24-17` -SL ` East , = - 0l feet :
thence continuing along said nor ther . y bnu:JAry 1ine Puuih
East , 270. 00 feet ` t�ence leavir'w cai6 xorrherly bo'md"ry
� ! 0e. Scuth 00-V5' -44" West , 7j . oQ wEet; tnOnce SoUth 69-5L ` -16"
East 250. 00 feet co a poij/t of ct.rvature of a curve Lo/'cave to the
� `��^ps� having a radius of 20. 00 feet , u central angle of
and a lon9 chorn which bears North 45-05` -44` Ea9t ,
Z�. 25 feei ; thence Korthurlv along the arc oT said curve 3i . 42 feet ;
thence South 89-54` -16' East, 50. % feat to the East line o+ the
afcresaid Northeast quarter ; thence along said East line South
West, 806. 00 feet ; thence leaving said East line North
80-54' -16" West , 50. 00 feeL to a puint of curvature of a curve
concave tn the Southwest having e radius of 2U. 00 feet, a central
anyle of 90-00' -0S" and a lu"q chord which bears North A4-54' -16''
�fst , Z8. 25 feet ; thence Westerly aioog the arc of said curve 31 , 42
� feet ' thence tangent from said curvy along the southerly
raght-id -way of Granville Drive being also the Sourheriy boundary of
Those [ Il , North 89-54' -i6" West , 270. 00 feet to a poinc or
c:rvatere of a curve concave to the south having a radius of 723, 00
f^`ei " a central anye of 19-OC' -00" , and a long chord whici, tears
3cuih 51 -05` 44" West, 226. 20 feet ; thence Westerly along the arc of
saiW curve` lZ7. 14 feeL ; thence tangent from said curve South
72-05' -44" West 250. 00 feet to a point of curvature of a curve
concave to the North having a radius of 1127. 00 feet, a central
� angle of 19-367 -53" , and a long chord which bears South 81-54` -11 "
� West , 383. 94 feetr thence westerly along the arc of said curve
335. 82 feptj thence tangent form said curve North 83-17' -23" Wesc,
61Y. 57 feet ; thence leaving 5aib southerly boundary line North
`
�
�
148. 00 feet; thenco North 00-17' -23' West, 63. 03
fec( ; thence North 01-421 -37" East , 90. 0? teet; thence North
nB-17' -2�'' West , 169. 00 feet; thence Norih ol-42' -37" East , 221 . ()3
inrt ; thcnce along the Southerly boundary line uf Phase II of
Somerly at Provincetowne p. U. u. , South 8G-i7` -23" East, 169. 00 feet;
theoce bouLh 01-42` -37' West , 52. 0() feet ; thence South 88-17' -23"
East , 95. 30 feet; thence Booth 01-42' -37" West , 42. 00 feet; thence
�ouih 88-17` -23" East, 744. 00 +eei ; thence leaving 5aid Southerly
line along the aforesaid Asierly boundary line of Phase II
!: O\ -42' -37" East , TA7. 23 feet iu a Point of curvature of a
� wrve c:ncave to thc East having a radius of 963. 00 feei, a central
03-3o' -00" and a long chrrd Mich bears North 04-111 -3W'
MAi feat ; thenne NorMcrl / Aonq 40e a, c of saic curve 54. 04
iangeni f/ um said curvc North 06-�� -3�" ["st , 750. 00
� ..�t ir of cu-vaiure of 0 curva cnxcavo tu the wesi huvinq a
103r, 0O f-ni, "" / er'ur an; i , of V�- ! 1 ' -47" 0:0 n ":;
!,ears Uh 03-76` -14 , EA, t , 39. 75 C.'etq |iha'`ce
t!crly alorg the a.'c of sa , c^rv- 5� . 75 / cet Lo ixe MLiE rJIHI
OF EEGI�i�l�G.
parcp! contains 27 56 acres cure ar AeOs-
�
�
�
-
EXHIBIT "C"
ASSESSMENT METHOD
The method of assessment for the cost of the District
improvements shall be as follows :
PHASE I IMPROVEMENTS
Provincetowne Improvements
The costs of acquiring, constructing, or otherwise installing
the Provincetowne Improvements included within Phase I of the
District and as specifically described in Resolution 84- 143 of
the City and in the District Engineering Report on file with the
City Clerk, shall be assessed against those lots , tracts, or
parcels of land owned by Dueck which are described on Exhibit
"B-l" to Resolution 84- 143 of the City, on an area basis, so
that the assessment against each piece of property assessed shall
be in the proportion that the square footage of such piece of
property bears to the total square footage of that assessable
property described on Exhibit "B-1" .
Somerly at Provincetowne ( Phase I ) Improvements
The costs of acquiring , constructing , or otherwise installing
the Somerly at Provincetowne (Phase I) Improvements included
within Phase I of the District and as specifically described in
Resolution 84- 143 of the City and in the District Engineering
Report on filewith the City Clerk, shall be assessed against
those lots, tracts, or parcels of land owned by Dueck which are
described on Exhibit "B-2" to Resolution 84- 143 of the City, on
an area basis , so that the assessment against each piece of
property assessed shall be in the proportion that the square
footage of such piece of property bears to the total square
footage of that assessable property described on Exhibit "B-2" .
Portner Estates Improvements
The costs of acquiring, constructing , or otherwise installing
the Portner Estates Improvements included within Phase I of the
District , and as specifically described in Resolution 84- 143 of
the City and in the District Engineering Report on file with the
City Clerk, shall be assessed against those lots , tracts, or
parcels of land owned by MSP which are described on Exhibit "B-3"
to Resolution 84- 143 of the City, on an area basis , so that the
assessment against each piece of property assessed shall be in the
proportion that the square footage of such piece of property bears
to the total square footage of that assessable property described
on Exhibit "B-3" .
Trilby Road Improvements
Trilby Road :
( 1 ) The costs of acquiring, constructing, or otherwise
installing that portion of Trilbv Road located north of the
centerline of Trilby Road within Phase I of the District, and as
specifically described in Resolution 84- 143 of the City and in
the District Enaineering Report on file with the City Clerk, shall
be assessed against those lots, tracts , or parcels of land within
the District owned by MSP which are described on Exhibit "B-3" to
Resolution 84- 143 of the City, on an area basis , so that the
assessment against each piece of property assessed shall be in the
proportion that the square footage of such piece of property bears
to the total square footage of that assessable property described
on Exhibit "B-3" .
( 2) The costs of acquiring, constructing , or otherwise
installing that portion of Trilby Road located south of the
centerline of Trilby Road within Phase I of the District , and as
specifically described in Resolution 84- 143 of the City and in
the District Engineering Report on file with the City Clerk, shall
be assessed against those lots, tracts, or parcels of land owned
by Dueck which are described on Exhibit "B-l" to Resolution
84- 143 of the City, on an area basis, so that the assessment
against each piece of property assessed shall be in the proportion
that the square footage of such piece of property bears to the
total square footage of that assessable property described on
Exhibit "B-1" .
Water:
The costs of acquiring, constructing, or otherwise installing
the water line improvements which are a part of the Trilby Road
Improvements and are specifically described in Resolution 84- 143
of the City and in the District Engineering Report on file with
the City Clerk, shall be assessed equally against those lots,
tracts , or parcels of property within the District owned by Dueck
and MSP, which properties are described on Exhibits "B-l " and
-2-
"B-311 , respectively, to Resolution 84- 143 of the City, on an
area basis , so that the assessment against each piece of property
assessed within each development described on said exhibits
( Provincetowne P.U. D. and Portner Estates South) shall be in the
proportion that the square footage of such piece of property bears
to the total square footage of the assessable property within such
development.
Sanitary Sewer:
The costs of acquiring, constructing, or otherwise installing
the sanitary sewer line improvements which are a part of the
Trilby Road Improvements and are specifically described in
Resolution 84- 143 of the City and in the District Engineering
Report on file with the City Clerk, shall be assessed against
those lots, tracts , or parcels of land owned by Dueck and
described on Exhibit "B-1" to Resolution 84- 143 of the City, on
an area basis, so that the assessment against each piece of
property assessed shall be in the proportion that the square
footage of such piece of property bears to the total square
footage of that assessable property described on Exhibit "B-1" .
Storm Drainage :
The costs of those storm drainage improvements within Trilby
Road south of the centerline of Trilby Road within Phase I of the
District which are specifically described in Resolution 84- 14L_
of the City and in the District Engineering Report on file with
the City Clerk, shall be assessed against those lots , tracts, or
parcels of land owned by Dueck which are described on Exhibit
"B-l" to Resolution 84- 143 of the City, on an area basis, so
that the assessment against each piece of property assessed shall
be in the proportion that the square footage of such piece of
property bears to the total square footage of that assessable
property described on Exhibit "B-1 " .
PHASE II IMPROVEMENTS
Provincetowne Improvements
The costs of acquiring , constructing , or otherwise installing
the Provincetowne Improvements included within Phase II of the
District which are specifically described in Resolution 84- 143
of the City and in the District Engineering Report on file with
the City Clerk, shall be assessed against those lots, tracts, or
parcels of land owned by Dueck which are described on Exhibit
-3-
"B-4" to Resolution 84- 143 of the City, on an area basis, so
that the assessment against each piece of property assessed shall
be in the proportion that the square footage of such piece of
property bears to the total square footage of that assessable
property described on Exhibit "B-4" .
Somerly at Provincetowne ( Phase II )
The costs of acquiring, constructing , or otherwise installing
the Somerly at Provincetowne (Phase II) Improvements included
within Phase II of the District which are specifically described
in Resolution 84- 143 of the City and in the District Engineering
Report on file with the City Clerk, shall be assessed against
those lots , tracts , or parcels of land owned by Dueck which are
described on Exhibit "B-5" to Resolution 84- 143 - of the City, on
an area basis , so that the assessment against each piece of
property assessed shall be in the proportion that the square
footage of such piece of property bears to the total square
footage of that assessable property described on Exhibit "B-5" .
PHASE III IMPROVEMENTS
t Provincetowne Phase III
Somerly a ( )
The costs of acquiring, constructing, or otherwise installing
the Somerly at Provincetowne (Phase III) Improvements included
within Phase III of the District which are specifically described
in Resolution 84- 143 of the City and in the District Engineering
Report on file with the City Clerk, shall be assessed against
those lots , tracts , or parcels of land owned by Dueck which are
described on Exhibit "B-o" to Resolution 84- 143 of the City, on
an area basis, so that the assessment against each piece of
property assessed shall be in the proportion that the square
footage of such piece of property bears to the total square
footage of that assessable property described on Exhibit B-6 .
-4-
........... . .
EXHIBIT "D"
LEGAL DESCRIPTION OF THE PROVINCETOWNE/PORTNER ESTATES
SPECIAL IMPROVEMENT DISTRICT
LEGAL DESCRIPTION OF PROVINCETOWNE P.U.D.
That portion of Section 13 , Township 6 North, Range 69 West
of the 6th Principal Meridian, Larimer County, Colorado being more
particularly described as follows : Considering the West line of
the Northwest Quarter of said Section 13 as bearing North
00003130" West and with all bearings contained herein relative
thereto : Beginninq at the West Quarter Corner of said Section 13 ,
thence along the South line of. the Northwest Quarter of said
Section 13, South 89050 ' 00" East 51 .50 feet to a point on the East
right of way of U.S. Highway No . 287, as fenced , said point also
being on the South line of that certain tract of land described in
deed recorded in Book 1108, Page 489 records of said county and
the True Point of Beginning; thence along the Southerly line of
said Book and Page the following eight ( 8) courses and distances,
South 89050100" East 137. 33 feet , North 01059 ' 30" West 109. 40
feet , North 15055 ' 30" East 300.00 feet North 26023 ' 30" East 300. 00
feet , North 58°26 ' 30" East 180.00 feet, South 75016 ' 30" East
200. 00 feet , South 28° 06 ' 30" East 150. 00 feet, South 53° 22 ' 30"
East 126. 01 feet to the Southwest Corner_ of that certain tract of
land described in deed recorded in Book 1170 Page 101-102 records
of said county, thence along the Southerly line of said Book and
Page the following four ( 4 ) courses and distances , South 53° 22 ' 30"
East 118. 99 feet, South 79010100" East 120. 00 feet, South
63028 ' 00" East 110.00 feet, South 41 ° 53 ' 00" East 58. 88 feet to the
Southwesterly line of that certain tract of land described in deed
recorded in Book 1257, Page 254 records of said county; thence
along the Westerly and Southerly line of said Book and Page South
41035100" East 116. 18 feet; South 37037 ' 00" East 294.05 feet to
the South line of the Northwest Quarter of said Section, thence
along said line South 89' 50 ' 00" East 219. 87 feet to the Southwest
Corner of that certain tract of land described in deed recorded in
Book 1371 , Page 852 records of said county; thence along the
Westerly and Northerly lines of said tract the following six ( 6 )
courses and distances, North 33 53 ' 00 West 850. 62 feet , North
00005100" East 323. 60 feet , South 72° 57 ' 00" East 367. 20 feet,
South 69014100" East 161 . 12 feet, South 74010 ' 30" East 326.74
feet, North 86029 ' 00" East 553. 76 feet to the East line of the
Northwest Quarter of said Section 13, thence along said line North
00016 ' 28" West 746. 39 feet to the South line of Moberly Heights
Subdivision, thence along the South and East line of said Subdivi-
sion, South 89049 ' 28" East 600.00 feet , thence North 00016 ' 28"
West 1053. 60 feet to a point on the South right-of-way of an
existing County Road , said point being 30.00 feet South of the
north line of the Northeast Quarter of said Section 13 , thence
along said right-of-way, parallel with and 30.00 feet South of
said North line of the Northeast Quarter, South 88017123" East
2073. 21 feet to a point on the West right-of-way of an existing
County Road said point being 30.00 feet West of the East line of
the Northeast Quarter of said Section 13 , thence alonq said
right-of-way, parallel with and 30. 00 feet West of said East line
of the Northeast Quarter South 00005 ' 44" West 5225. 30 feet to the
North right-of-way fence of an existing County Road thence along
said right-of-way fence the following five ( 5 ) courses and
distances , South 89034 ' 00" West 428. 85 feet to the beginning of a
tangent curve concave to the North, having a central angle of
06°47 ' 00" and a radius of 2000. 00 feet; thence along the arc of
said curve, 236. 78 feet; thence tangent from said curve North
83039100" West 534. 00 feet , thence South 85*06100" West 605. 00
feet ; thence North 88004 ' 17" West 840.00 feet to the East Boundary
line of Victoria Estates as monumented in the field, thence along
the Easterly and Northerly boundary of said Victoria Estates as
monumented in the field the following six ( 6 ) courses and
distances; North 00000 ' 22" West 1455. 57 feet , South 85005 ' 20" West
615. 00 feet North 72`06 ' 20" West 300.00 feet, North 61 ° 40 ' 44" West
399. 84 feet , South 89°49 ' 22" West 544. 00 feet, North 75° 08 ' 24"
West 842. 44 feet to the East right-of-way of U.S. Highway No . 287
as fenced, thence along said East right-of-way North 00°07 ' 00"
East 740. 36 feet to the True Point of Beginning. Said tract
contains 402. 86+ Acres. Subject to all existing easements and
rights-of-way of record;
TOGETHER WITH
LEGAL DESCRIPTION OF PORTNER ESTATES SOUTH P.U.D.
Commencing at the Southeast corner of Section 12 , Township 6
North, Range 69 West of the 6th P.M. , said point being the Point
of Beginning; thence North 88027 ' 40" West along the South line of
said Section 12 a distance of 1443.94 feet; thence North 00000 ' 00"
East 2042. 92 feet; thence South 87° 33 ' 54" East, 656. 25 feet;
thence South 87° 34 ' 09" East, 258. 00 feet; thence South 00*00100"
West, 614. 37 feet; thence North 90000 ' 00" East, 530.00 feet to a
point on the East line of said Section 12 ; thence South 00000 ' 00"
West along the East line of said Section 12 a distance of 1428. 50
feet to the Point of Beginning, County of Larimer, State of
Colorado. The above described parcel contains 59. 98 acres, more
or less .