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EXHIBIT "E" DEPICTION OF REALIGNED EASEMENT AND RIGHT-OF-WAY
A DITCH EASEMENT BEING A PORTION OF SECTION 23, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO.
WEST LINE OF
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NORTH LINE OF THE S W 1" //T}
SECTION 23-T7114789W J
BASIS OF BEARINGS
LEASED PROPERTY
SOUTH LINE OF
LEASED PROPERTY
-'-,I C74'
L18 C16 REALIGNED EASEMENT
AND RIGHT-OF-WAY
1 97,991 aq.R
CSURF PROPERTY 2.249 auea
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SECTION 23. T7N, RWIN
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curve concave to the east having a central angle of 0°13'04" with a radius of 644.00
feet, an arc length of 2.45 feet and the chord of which bears South 16°10'20" West, 2.45
feet; thence, South 16003'49" West, 54.38 feet; thence departing said right-of-way line,
North 60029'52" West, 109.42 feet; thence along a non -tangent curve concave to the
south having a central angle of 36°53'19" with a radius of 62.00 feet, an arc length of
39.92 feet and the chord of which bears North 78'56'1 1" West, 39.23 feet; thence,
South 82°37'08" West, 163.00 feet; thence along a curve concave to the south having a
central angle of 23°40'52" with a radius of 12.00 feet, an arc length of 4.96 feet and the
chord of which bears South 70°46'42" West, 4.92 feet; thence, South 58°56'16" West,
105.63 feet; thence along a curve concave to the north having a central angle of
74' 14'44" with a radius of 173.00 feet, an arc length of 224.18 feet and the chord of
which bears North 83°56'22" West, 208.82 feet; thence, North 46049'00" West, 66.87
feet; thence along a curve concave to the southwest having a central angle of 30°00'00"
with a radius of 62.00 feet, an arc length of 32.46 feet and the chord of which bears
North 61°49'00" West, 32.09 feet; thence, North 76°49'00" West, 151.22 feet; thence
along a curve concave to the south having a central angle of 31°53'32" with a radius of
62.00 feet, an arc length of 34.51 feet and the chord of which bears South 87°14'14"
West, 34.07 feet; thence, South 71'17'28" West, 253.36 feet; thence along a curve
concave to the north having a central angle of 20'40' 18" with a radius of 138.00 feet, an
arc length of 49.79 feet and the chord of which bears South 81 °37'37" West, 49.52 feet;
thence, North 88'02'14" West, 172.26 feet; thence along a curve concave to the south
having a central angle of 21°02118" with a radius of 162.00 feet, an arc length of 59.48
feet and the chord of which bears South 81°26'37" West, 59.15 feet; thence, South
'70°55'28" West, 45.01 feet; thence along a curve concave to the north having a central
angle of20°42'48" with a radius of 238.00 feet, an arc length of 86.04 feet and the
chord of which bears South 81°16'52" West, 85.57 feet; thence, North 88°21'44" West,
41.56 feet; thence along a curve concave to the south having a central angle of
06°35'27" with a radius of 162.00 feet, an arc length of 18.64 feet and the chord of
which bears South 88020'33." West, 18.63 feet; thence, South 85°02'49" West, 25.39
feet; thence, North 00001'07" West, 58.22 feet to the Point of Beginning.
Containing 97,991 square feet or 2.249 acres. more or less.
LMS
June 7, 2011
S'\Survey.Jobs\502-001\D,=riptions�502-001 EXHIB11E DESCRIPTION 5-7-1 I.doe
ADDRESS: PHONE:970.221.4158
NORTHERN 200 S. College Ave. Suite 100 WE .north
ENGINEERING rortCollins, CO80524 FAX: 970.221.4159 wwwnorthernengineering.com
EXHIBIT "E"
LEGAL DESCRIPTION OF REALIGNED EASEMENT AND RIGHT-OF-WAY
A ditch easement located in Section 23, Township 7 North, Range 69 West of the 6th
P.M., City of Fort Collins, County of Larimer, State of Colorado being more
particularly described as follows:
Considering the North line of the Southwest Quarter of said Section 23 as bearing North
89°20'42"West and with all bearings contained herein relative thereto:
COMMENCING at the Center Quarter Corner of said Section 23; thence along the
North line of said Southwest Quarter, North 89020142" West, 1846.58 feet to the
westerly line of The Grove at Fort Collins; thence along said westerly line and the
extension thereof, South 00'0 V07" East, 553.96 feet to the Point of Beginning; thence,
North 85°02'49" East, 20.38 feet; thence along a curve concave to the south having a
central angle of 6°35'27" with a radius of 220.00 feet, an arc length of 25.31 feet and
the chord of which bears North 88°20'33" East, 25.29 feet; thence, South 88°21'44"
East, 41.56 feet; thence along a curve concave to the north having a central angle of
20'42'48" with a radius of 180.00 feet, an arc length of 65.07 feet and the chord of
which bears North 81°16'52" East, 64.72 feet; thence, North 70°55'28" East, 45.01 feet;
thence along a curve concave to the south having a central angle of 21°02'18" with a
radius of 220.00 feet, an arc length of 80.78 feet and the chord of which bears North
81°26'37" East, 80.33 feet; thence, South 88°02'14" East, 172.26 feet; thence along a
curve concave to the north having a central angle of 20°40'18" with a radius of 80.00
feet, an arc length of 28.86 feet and the chord of which bears North 81 °37'37" East,
28.71 feet; thence, North 71017128" East, 253.36 feet; thence along a curve concave to
the south having a central angle of 31 °53'32" with a radius of 120.00 feet, an arc length
of 66.79 feet and the chord of which bears North 87°14'1.4" East, 65.94 feet; thence,
South 76°49'00" East, 151.22 feet; thence along a curve concave to the south having a
central angle of 30°00'00" with a radius of 120.00 feet,an arc length of 62.83 feet and
the chord of which bears South 61 °49'00" East, 62.12 feet; thence, South 46°49'00"
East, 66.87 feet; thence along a curve concave to the north having a central angle of
74'14'44" with a radius of 115.00 feet, an arc length of 149.02 feet and the chord of
which bears South 83°56'22" East, 138.81 feet; thence, North 58°56'16" East, 105.63
feet; thence along a curve concave to the south having a central angle of 23°40'52" with
a radius of 70.00 feet, an arc length of 28.93 feet and the chord of which bears North
70°46'42" East, 28.73 feet; thence, North 82°37'08" East, 163.00 feet; thence along a
curve concave to the south having a central angle of 38°33'03" with a radius of 120.00
feet, an arc length of 80.74 feet and the chord of which bears South 78°06'20" East,
79.23 feet; thence, South 58050'48" East. 92.77 feet to a point on the westerly right-of-
way line of Centre Avenue; thence along said right-of-way line and along a non -tangent
FISCHEx, BROWN, BARTLETT & GUI,, , P.C.
ATTORNEYS AT LAW
William R. Fischer
Margaret A. (Meg) Brown
Daniel K. Brown
Brent A. Bartlett
Sara J.L. Irby
Lisa A. Larsen
Donald E. Frick
Steve Olt, Senior Planner
City of Fort Collins
Current Planning Dept.
281 North College Avenue
Fort Collins, CO 80522
1319 E. PROSPECT ROAD
FORT COLLINS, COLORADO 80525
June 10,2011
Re: Larimer County Canal No. 2 Irrigating Company
PDEP 110009 The Grove at Fort Collins
Dear Mr. Olt:
Ward H. Fischer (1929-1996)
William H. Brown (Of Counsel)
William C. Gunn (Of Counsel)
PHONE: (970) 407-9000
FAX: (970) 407-1055
EMAIL: fbg@tbgpe.com
Our firm represents the Larimer County Canal No. 2 Irrigating Company ("Company")
and this letter is provided on its behalf. The Company's Larimer County Canal No. 2 ("Ditch")
traverses the property belonging to the Colorado State University Research Foundation
("CSURF"). Campus Crest at Fort Collins, LLC ("Applicant") is the applicant for an amendment
to the CSURF Centre for Advanced Technology Overall Development Plan and The Grove at
Fort Collins, PDP.
We are writing to confirm that the concerns of the Company with their Ditch, in
relationship to the proposed development project, have been resolved as between CSURF, the
Company, and the Applicant. The parties have entered into a mutually beneficial ditch
realignment agreement to realign the ditch in accordance with the attached Exhibits E and H.
The realignment of the Ditch, as described in the agreement, has been through Company
engineering and legal review, and addresses pending maintenance issues with the Ditch.
The Company has also received correspondence from the Army Corps of Engineers that
the proposed realignment project is exempt from permitting requirements of Section 404(f) as
the activity falls under the exemption contained in 33 C.F.R. Part 323.4(a)(3). A copy of that
letter may be made available for your review.
The Applicant, CSURF and the Company worked closely together to create a plan for the
new realignment which provides benefits to all the parties involved. This plan is supported by
the Company.
Sincerely,
FISCIJER; $ROVl , 13ARTLET/r & Gi.iNN, P.C.
Brent Bartlett
Page 2 of 2
documents. Here is how you access the website:
1) on your start menu and select the "run" option
2) Copy the text: ex lorer.exe fr_�: !aw-down�oad;ven; �.orans2.zccrv.c:m:
and paste this text into the "Run" window's text box.
3) Click the "OK" button
Momentarily you will be receiving an e-mail that is in response to another question
raised at P&Z work session last Friday. Attached it has copies of a variance
request to the Larimer County Urban Area Street Standards from Northern Engineering
and the City's response.
Steve Olt
Project Planner
-----Original Message -----
From: Scanner.DevRev@FCgov.com[mailto:Scanner.DevRev@FCgov.com] On Behalf Of
Scanner.DevRev@
Sent: Monday, June 13, 2011 8:32 AM
To: Steve Olt
Subject: Scanned image from MX-550ON
Reply to: Scanner.DevRev@FC_go.v_com <Scanner.DevRev@_FCgoy._com>
-------- - -.-....--._...._..._...._........_.........._...-_...
Device Name: Not Set
Device Model: MX-5500N
Location: Not Set
File Format: PDF MMR(G4)
Resolution: 200dpi x 200dpi
Attached file is scanned image in PDF format.
Use Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) of Adobe Systems
Incorporated to view the document.
Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) can be downloaded from
the following URL:
Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered
trademarks or trademarks of Adobe Systems Incorporated in the United States and
other countries.
http://www.adobe,_gom/
6/13/2011
►,
Pagel of 2
Steve Olt
From: Steve Olt
Sent: Monday, June 13, 2011 2:23 PM
To: 'Janelle P. Kechter'
Cc: Angelina Sanchez -Sprague
Subject: RE: Scanned image from MX-550ON
Janelle,
It is done.
Steve
From: Janelle P. Kechter[mailto:jkechter@lileyrogersmartell.com]
Sent: Monday, June 13, 2011 1:51 PM
To: Steve Olt
Subject: RE: Scanned image from MX-550ON
Steve, since the ditch realignment relates to both the ODP and PDP, we would like the Ditch
Company's June loth letter — and its exhibits — in the record for both the ODP hearing and the
PDP hearing.
Thanks.
Janelle Kechter, CLA
Paralegal for Lucia A. Liley
Liley, Rogers & Martell, LLC
(970) 449-8717
From: Steve Olt [mailto:SOLT@fcgov.com]
Sent: Monday, June 13, 2011 9:36 AM
To: stockover@aol.com; 'Andy Smith'; gcampana@bellisimo-inc.com; jcarpenter@thegroupinc.com;
dlingle@aller-lingle-massey.com; 'Schmidt, Brigitte'
Cc: Ted Shepard; Janelle P. Kechter; Marc Virata
Subject: FW: Scanned image from MX-550ON
Good morning Board members.
I am forwarding to you a signed letter from the law firm representing the Larimer
County Canal No. 2 Irrigating Company expressing their confirmation that the
concerns of the Company with their ditch, in relationship to the proposed The Grove
at Fort Collins development project, have been resolved between CSURF, the Company,
and the Applicant (Developer). This is in response to a question raised by a Board
member at your work session last Friday.
Also, you should be aware of the City's FTP website where all of the documentation
for the Amended CSURF Centre for Advanced Technology ODP and The Grove at Fort
Collins PDP is currently available. This includes planning and engineering
6/13/2011