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HomeMy WebLinkAboutINTERSTATE LANDS SECOND ANNEXATION - 35-88 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONPETITION FOR ANNEXATION The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the annexation of an area, to be referred to as the Interstate Lands Second Annexation to the City of Fort Collins. Said area, consisting of approximately 171.8819 acres, is more particularly described on Exhibit "A", attached hereto. The petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the petitioners herein comprise more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinances of the City of Fort Collins. 9. Overlook Farm, Inc. reserves the right to withdraw this petition at any time prior to second reading by the City of Fort Collins Citv Council. Further, the petitioners consent pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of such property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the annexation of said area, with the conditions set forth in the Annexation Agreement, Exhibit B, attached hereto. LEGAL DESCRIPTION OF REAL PROPERTY OWNED BY OVERLOOK FARM INC. INCLUDED IN THE ANNEXATION A tract of land situate in section 16 and the northeast quarter of section 21, township 7 north, range 68 west of the 6th P.M., Larimer County, Colorado, which considering the south line of the southeast quarter of said section 16 as bearing S 88 20' 30" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the south quarter corner of said section 16 and run thence N 00 12' 30" E 360.00 feet to the True Point of Beginning, said point being on the west line of the south- east quarter of section 16; thence N 00 12' 30" E 736.51 feet; thence N 88 22' 30" W 315.12 feet; thence N 25 20' 00" W 264.81 feet; thence N 88 22' 30" W 122.53 feet; thence N 00 09' 00" E 590.26 feet; thence S 88 22' 30" E 22.64 feet; thence N 00 09' 00" E 1126.47 feet; thence S 89 51' 00" E 45.05 feet; thence N 00 09' 00" E 163.99 feet; thence S 85 34' 30" E 1.18 feet; thence S 87 45' 30" E 136.45 feet; thence S 83 24' 30" E 350.54 feet to a point on the west line of the east half of section 16; thence N 00 12' 30" E 1121.94 feet along the west line of the east half of section 16; thence S 25 45' 23" E 452.95 feet; thence S 48 54' 30" E 1510.22 feet; thence S 24 20' 00" E 195.19 feet; thence S 58 03' 00" E 132.96 feet; thence N 00 12' 30" E 33.88 feet; thence S 65 30' 00" E 356.60 feet; thence S 70 30' 00" E 300.00 feet; thence N 57 00' 00" E 197.00 feet; thence N 69 00' 00" E 136.82 feet to a point on the westerly ROW line of Interstate Highway 25; thence southerly along said ROW line S 00 13' 00" W 1885.13 feet; thence S 10 42' 00" W 203.40 feet; thence S 26 47' 00" W 559.00 feet; thence N 26 00' 51" W 1650.00 feet; thence S 18 02' 24" W 1650.00 feet; thence N 01 39' 30" E 300.00 feet; thence N 88 20' 30" W 290.40 feet; thence S 01 39' 30" W 330.00 feet; thence N 88 20' 30" W 514.24 feet; thence N 00 12' 30" E 390.00 feet; thence N 88 20' 30" W 120 feet to the Point of Begin- ning, less a tract of land described as follows; A tract of land situate in the southeast quarter of section 16, township 7 north, range 68 west of the 6th P.M., Larimer County, Colorado, which considering the south line of the southeast quarter of said section 16 as bearing N 88 20' 30" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the southeast corner of said section 16 and run thence N 41 20' 00" W 1412.50 feet to the True Point of Beginning said point being on the northeasterly boundary of the Interstate Lands First Annexation, and on the boundary of the Interstate Lands Second Annexation; thence N 26 00' 51" W 83.89 feet; thence N 82 02' 00" E 59.46 feet; thence N 85 36' 50" E 289.72 feet; thence N 82 12' 17" E 142.46 feet; thence along the arc of a 369.26 foot radius curve to the left a distance of 414.86 feet, the long chord of which bears N 42 55' 41" E 393.38 feet; thence N 03 39' 05" E 142.46 feet; thence N 01 59' 37" E 504.04 feet to a point on the easterly boundary of Interstate Lands Second Annexation; thence S 00 12' 25" W 906.14 feet along the easterly boundary of Interstate Lands Second Annexation; thence N 89 47' 35" W 79.94 feet; thence along the arc of a 449.26 foot radius curve to the right a distance of 220.16 feet, the long chord of which bears S 61 04' 30" W 217.96 feet; thence S 82 02' 00" W 157.09 feet; thence S 85 36' 50" W 289.72 feet; thence S 82 12' 17" W 28.48 feet to the Point of Beginning. Containing 170.024 acres. OVERLOOK FARM INC. Owner's Signature Michael S. Byrne, President C/O G.T. Land Colorado Inc. 3555 Stanford Road, Suite 100 Address Ft. Collins, CO 80525 City State Zip Tannary 6, 1QR9 Date STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The undersigned being first duly sworn upon his oath states: That he was the circulator of the attached petition for annexation and that the signature as identified below is the signature of the person whose name it purports to be. Overlook Farm Inc. By: Michael S. Byrne President Subscribed and sworn to before me this ly= day of71 19 by: /',' - Witness my hand and official seal. My Commision expires: r� . Not' y Public LEGAL DESCRIPTION OF REAL PROPERTY OWNED BY THE COLORADO STATE HIGHWAY DEPARTMENT INCLUDED IN THE ANNEXATION A tract of land situate in the southeast quarter of section 16, township 7 north, range 68 west of the 6th P.M., Larimer County, Colorado, which considering the south line of the southeast quarter of said section 16 as bearing N 88 20' 30" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the southeast corner of said section 16 and run thence N 41 20' 00" W 1412.50 feet to the True Point of Beginning said point being on the northeasterly boundary of the Interstate Lands First Annexation, and on the boundary of the Interstate Lands Second Annexation; thence N 26 00' 51" W 83.89 feet; thence N 82 02' 00" E 59.46 feet; thence N 85 36' 50" E 289.72 feet; thence N 82 12' 17" E 142.46 feet; thence along the arc of a 369.26 foot radius curve to the left a distance of 414.86 feet, the long chord of which bears N 42 55' 41" E 393.38 feet; thence N 03 39' 05" E 142.46 feet; thence N 01 59' 37" E 504.04 feet to a point on the easterly boundary of Interstate Lands Second Annexation; thence S 00 12' 25" W 906.14 feet along the easterly boundary of Interstate Lands Second Annexation; thence N 89 47' 35" W 79.94 feet; thence along the arc of a 449.26 foot radius curve to the right a distance of 220.16 feet, the long chord of which bears S 61 04' 30" W 217.96 feet; thence S 82 02' 00" W 157.09 feet; thence S 85 36' 50" W 289.72 feet; thence S 82 12' 17" W 28.48 feet to the Point of Beginning. Containing 1.8579 acres. State Department of Higtuays; Division of Highsays; Stag of Coloracb By: L. Cl Owner's Sign ture 4201 E. Arkansas — Colorado Department of Highways Address Denver Colorado 80222 City State Zip October 17, 1988 Date STATE OF COLORADO) CITY & ) ss. COUNTY OF 1RM)WK DENVER The undersigned being first duly sworn upon his oath states: That he was the circulator of the attached petition for annexation and that the signature as identified below is the signature of the person whose name it purports to be. — '� A'Z� (""-"' Colora& State Dca-rlTnZht H ighways By: Subscribed and sNvorn to before me this 17th day of October 1988, by: ROBERT L. CLEVENGER, Chief Engineer, for the State Department of Highways, Division of Highways, State of Coiorado. Witness my hand and official seal. Aly Commision expires March 13, 1990 No ry Public 4201 E. Arkansas Denver, CO 80222 ATTORNEY CERTIFICATION I, David L. Wood an attorney licensed to practice in the State of Colorado, hereby certify\\that I have examined the Title to the Property proposed for annexation herein, a description of which is attached hereto as "Exhibit A", and have verified that the signers of the attached. Annexation Petition are owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more that 50% of the landowners in the area proposed for annexation and own more than 504% of the land in said area, exclusive of streets, alleys, and lands owned by the City of Fort Collins. Signature / / ate 9 EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXATION INTERSTATE LANDS SECOND ANNEXATION A tract of land situate in section 16 and the northeast quarter of section 21, township 7 north, range 68 west of the 6th P.M., Larimer County, Colorado, which considering the south line of the southeast quarter of said section 16 as bearing S 88 20' 30" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the south quarter corner of said section 16 and run thence N 00 12' 30" E 360.00 feet to the True Point of Beginning, said point being on the west line of the south- east quarter of section 16; thence N 00 12' 30" E 736.51 feet; thence N 88 22' 30" W 315.12 feet; thence N 25 20' 00" W 264.81 feet; thence N 88 22' 30" W 122.53 feet; thence N 00 09' 00" E 590.26 feet; thence S 88 22' 30" E 22.64 feet; thence N 00 09' 00" E 1126.47 feet; thence S 89 51' 00" E 45.05 feet; thence N 00 09' 00" E 163.99 feet; thence S 85 34' 30" E 1.18 feet; thence S 87 45' 30" E 136.45 feet; thence S 83 24' 30" E 350.54 feet to a point on the west line of the east half of section 16; thence N 00 12' 30" E 1121.94 feet along the west line of the east half of section 16; thence S 25 45' 23" E 452.95 feet; thence S 48 54' 30" E 1510.22 feet; thence S 24 20' 00" E 195.19 feet; thence S 58 03' 00" E 132.96 feet; thence N 00 12' 30" E 33.88 feet; thence S 65 30' 00" E 356.60 feet; thence S 70 30' 00" E 300.00 feet; thence N 57 00' 00" E 197.00 feet; thence N 69 00' 00" E 136.82 feet to a point on the westerly ROW line of Interstate Highway 25; thence southerly along said ROW line S 00 13' 00" W 1885.13 feet; thence S 10 42' 00" W 203.40 feet; thence S 26 47' 00" W 559.00 feet; thence N 26 00' 51" W 1650.00 feet; thence S 18 02' 24" W 1650.00 feet; thence N 01 39' 30" E 300.00 feet; thence N 88 20' 30" W 290.40 feet; thence S 01 39' 30" W 330.00 feet; thence N 88 20' 30" W 514.24 feet; thence N 00 12' 30" E 390.00 feet; thence N 88 20' 30" W 120 feet to the Point of Begin- ning. Containing 171.8819 acres. 0 0 Exhibit B ANNEXATION AGREEMENT (Second Annexation) THIS AGREEMENT is dated this L day of^✓� c 1989, by and between THE CITY OF FORT COLLINS, C6LORADO, munic- ipal corporation ("the City"), and OVERLOOK FARM, INC., ("Over- look Farm"), a Delaware Corporation. W I T N E S S E T H: WHEREAS, Overlook Farm owns approximately one hundred seventy (170) acres of land north of Prospect Road and west of Interstate Highway 25, more particularly described on Exhibit X attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the parties hereto mutually desire that the Prop- erty be annexed into the City; and WHEREAS, the parties hereto desire to set forth certain of the rights and obligations of the parties with respect to subsequent development of the Property following annexation. NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Annexation. Overlook Farm has petitioned the City for annexation of the Property. The annexation will become effective upon final approval by the City Council, recording of the annexa- tion plat and annexation ordinance with the Larimer County Clerk and Recorder and the execution and recording of this Agreement. 2. Applicability of Agreement. If the City approves the annexation of the Property, such annexation shall be subject to the provisions of this Agreement. 3. Compliance with Ordinances. Overlook Farm will comply with all ordinances, criteria, resolutions and policies of the City as now exist or are amended or adopted in the future, including those related to the development and zoning of the Property, except as expressly modified by this Agreement. 4. Storm Drainage. a. It is anticipated that a number of struc- tures and other improvements related to the manage- ment of storm drainage will be required to be located upon or adjacent to the Property. Such • improvements benefiting the basin as a whole will be paid through storm drainage basin fees collected in the affected basin or through other mechanism, including, without limitation, special improvement districts. Storm drainage basin fees are generally based upon runoff contribution to the basin. Gen- eral factors considered in the computation of such fees include land use, land area, basin fee base rate and detention storage. Detention storage requirements will be determined at the time of site development and will be based upon special site development drainage conditions and special basin conditions. The Property is situate in the Cooper Slough and Box Elder Creek drainage basins and shall be subject to all storm drainage fees appli- cable thereto. b. Construction of improvements benefiting the Cooper Slough storm drainage basin as a whole shall be funded through storm drainage fees col- lected for the Cooper Slough basin. If develop- ment on the Property should require the construc- tion of these improvements before the City has so constructed the same, it shall be the responsibil- ity of Overlook Farm to construct and pay for such improvements. If such improvements are constructed by Overlook Farm, the City will make reimbursement to Overlook Farm for the cost of such improvements in accordance with Section 26-545 of the Code of the City. C. Repair or replacement of structures, if any, at the crossing of Box Elder Creek and the Lake Canal, will be funded utilizing such Cooper Slough basin fees as are available. If development on the Property requires such repair or replacement before the City has constructed the same, it shall be the responsibility of Overlook Farm to construct and pay for such improvements. If such improve- ments are constructed by Overlook Farm, the City will make reimbursement to Overlook Farm for the cost of such improvements in accordance with Sec- tion 26-545 of the Code of the City. d. The construction of a new bridge or box culvert at the intersection of Prospect Road and Box Elder Creek will be funded by adjacent property owners and the City. It is customary that each property owner with street frontage on each corner of the bridge or box culvert is responsible for 2 0 twenty-five percent (25%) of the local street stan- dard portion of the cost of the new bridge or box culvert. It is the responsibility of the property owner, whose development requires the improvement first, to construct and pay for the full improve- ment with possible reimbursement as follows: A request for street oversizing reimbursement for the oversized portion of the bridge or box culvert may be submitted to the City as provided in the City Code. Further, the City will, if authorized by the City Code then in effect, assist Overlook Farm in obtaining reimbursements from nonparticipating property owners abutting the improvement when those properties develop. The City's assistance in this connection will be deemed as an accommodation, and the City shall not be liable to Overlook Farm in the event that it should fail, for any reason what- soever, to accomplish such reimbursement. The City's obligations in regard to obtaining such reimbursements shall be governed in accordance with the terms of the reimbursement agreement(s), if any, subsequently executed between Overlook Farm and the City. e. Channel improvements along Box Elder Creek will be funded by adjacent property owners and the City. The adjacent property owners will be respon- sible for their proportionate share of costs based upon each property owner's proportionate contribu- tion to the historic flow. For purposes of this paragraph, historic flow shall be defined as the flows in Box Elder Creek in a one hundred (100) year storm based upon the existing conditions as of the date of this Agreement. The City will be responsible for those costs associated with flows in excess of said historic flow, which costs shall be paid from available storm drainage basin fees collected by the City. For the purpose of deter- mining the apportionment of costs among the various adjacent property owners, it shall be the responsi- bility of the City to conduct such engineering studies as are necessary to make such determina- tion. Such studies shall be conclusive as to the proper apportionment of costs among said property owners. Street Improvements. a. A frontage road has been constructed through the Property. If the cost to Overlook Farm associated with the construction of said frontage 91 road to collector standards is greater than the cost of construction of a standard local street, then Overlook Farm may request street oversizing reim- bursement in connection therewith. b. The adjacent property owners shall be responsible for improvements to Prospect Road, including, without limitation, arterial standard curb and gutter and arterial standard sidewalk or other sidewalk design approved by the City, along their frontage to a width adequate to facilitate the anticipated traffic volumes and ensure the safety of motorists and pedestrians anticipated with each phase of development. C. The Code of the City requires developers to construct, at their sole expense, all off -site street improvements when they develop property that does not have direct access to an improved arterial street. Such off -site street improvements must be constructed and paved to a width of at least thir- ty-six (36) feet and in accordance with the City's Code and standards for the construction of arterial streets. The Director of Engineering shall deter- mine the type and extent of off -site street improvements required to be constructed based upon a mutually acceptable and agreed upon traffic ana- lysis and upon an assessment of the pavement condi- tion. With respect to the Property which is the subject of this Agreement, if it is determined by the Director of Engineering that less than one-half (1/2) of the traffic generated by the proposed development utilizes Prospect Road to the west of the Property, the Interstate Highway 25 will be considered the appropriate "street" to which off - site street improvements must be constructed. Strictly as an accommodation, and without creating any duty or liability on the part of the City, the City will, if authorized by the City Code then in effect, assist the developer in obtaining reim- bursements for appropriate off -site street improve- ments constructed by the developer from other prop- erty owners as subsequent development occurs. The City's obligations with regard to obtaining such reimbursements shall be governed in accordance with the terms of the reimbursement agreement(s), if any, subsequently executed between the developer and the City. 6. Access. The major points of access for the Property, as reflected on the proposed Master Plan dated April 5, 1988, are • acceptable to the City subject to a City -conducted traffic analysis confirming that said access points are appropriately located for traffic safety and efficiency. 7. Utility Services. a. Electric service for the Property will be provided by the City. b. Sanitary sewer service will be provided by the City or by the Box Elder Sanitation District. C. Water service shall be provided initially by the East Larimer County Water District. When the City is able to provide adequate water service to the Property, water service shall be provided by the City. The City and the East Larimer County Water District will agree on the method of trans- fer of service to any affected users. If such transfers are necessary, they will be accomplished at no additional cost to the user. d. Without assuming any obligation to do so, it is the City's present intention to extend a six- teen (16) inch water main along Prospect Road to Summit View Drive within approximately five (5) years from the date hereof. If development of the Property requires said line to be extended prior to its construction by the City, Overlook Farm will be responsible for constructing such extension. Overlook Farm's share of the cost of such extension shall be the normal cost of con- struction of a twelve (12) inch water line, as such cost is determined by the Director of Utility Ser- vices. The determination by the Director of Util- ity Services shall be conclusive as the normal cost of such construction. The City will pay for over - sizing said line in excess of a twelve (12) inch line and, without creating a duty but strictly as an accommodation to Overlook Farm, will assist in the obtaining of reimbursements from other non- participating property owners who subsequently tap directly onto such line. The City's obligations with regard to obtaining such reimbursements shall be governed in accordance with the terms of the reimbursement agreement(s), if any, subsequently executed between the developer and City. 8. APPROPRIATION CONTINGENCY. ALL PAYMENT OBLIGATIONS OF THE CITY PURSUANT TO THIS AGREEMENT ARE EXPRESSLY CONTINGENT UPON THE CITY HAVING FIRST BUDGETED AND APPROPRIATED FUNDS THEREFOR. 5 9. Assigns. As used herein, the term "Overlook Farm" shall also mean any of the transferees, successors or assigns of Over- look Farm, and all such parties shall have the right to enforce this Agreement and shall be subject to the terms of this Agree- ment as if they were original parties hereto. RIGHTS TO SPECIFIC REIMBURSEMENTS OR OTHER PAYMENTS CONTAINED HEREIN OR ARISING HEREFROM SHALL ALWAYS BE TO OVERLOOK FARM UNLESS SPECIFICALLY ASSIGNED TO ANY OTHER PERSON OR ENTITY. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue shall be in the District Court in and for Larimer County, Colorado. 11. Recording. This Agreement shall be recorded in the office of the Clerk and Recorder of Larimer County, Colorado, and shall constitute a covenant running with the Property. 12. Headings. The headings set forth in this Agreement for the different sections of this Agreement are for convenience only and shall not be construed as an enlargement or an abridgement of the language of the Agreement. 13. Code Changes. References in this Agreement to any provisions of the City Code are intended to refer to any subsequent amendments and/or revisions to the City Code that replace the revisions referred to herein. Such amendments or revisions shall be binding upon Overlook Farm. 14. Amendments. This Agreement may be amended only by subsequent writing of the parties or their successors, transfer- ees or assigns, provided that no such amendment shall be valid until all persons or entities having an interest in the Property subject to the amendment have duly executed such amendment agree- ment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. A TEST: 17 \�M I& �. 'n � L Wanda Kraji ek THE CITY OF FORT COLLINS, COLORADO A Z Corporation By:G� Steven C. Burkett, City Manager P City C erk APPRC D AS TO FORM: W. PVa�ul Eckman Assistant City Attorney STATE OF COLORADO ) ) ss. County of Larimer ) Subscribed and sworn to before me this L9-:!� day of 1989, by Steven C. Burkett, City Manager, and anda Kral cek, City Clerk of the City of Fort Collins. Witness my hand and official seal. Notary Public My Commission Expires: OVERLOOK FARMS, INC. A Delaware Corporation By: Michael S. Byr e, President ATTEST: i Secretary 11 STATE OF DFrE- ) ss. County of Subscribed and sworn to before me this i==F day of 1989, by Michael S. Byrne, President, and Secretary of Overlook Farm, Inc. Witness my hand and official seal. N ary Public M"y Commission Expires: 010589/whm/2annex.agr 7 0 EXHIBIT "X" LEGAL DESCRIPTION OF REAL PROPERTY OWNED BY OVERLOOK FARM INC. tract .Df is � _,ltu FI-ct:Gn 15 and te nr'rtheaOt nll2r.... ,f County, Colorado, which considering the south line of the southeast quarter of said section 16 as bearing S 88 20' 30" E and with all - ..r_ ? 2:7 � � :eIn rel,.i. - tl'... _CO l5 -OP.tained wit :.^. '.!1' � boundary lines which begin at the soutn quarter corner of said section 16 and run. thence N 00 12' 30" E 360.00 feet to the True Point of Beginning, said point being on the west line of the south- east quarter of section 16; thence N 00 12' 30" E 736.51 feet; thence N 43 22' 30" W 315.12 feet; thence N 25 20' 00" W 264.81 feet, thence N 88 22' 30" W 122.53 feet; thence N 00 09' 00" E 590.26 feet; thence S 88 22' 30" E 22.64 feet; thence N 00 09' 00" E 1126.47 feet; thence S 89 51' 00" E 45.05 feet; thence N 00 09' 00" E 163.99 feet; thence S 85 34' 30" E 1.18 feet; thence S 87 45' 30" E 136.45 feet; thence S 83 24' 30" E 350.54 feet to a point on the west line of the east half of section 16; thence N 00 12' 30" E 1121.94 feet along the west line of the east half of section 16; thence S 25 45' 23" E 452.95 feet; thence S 48 54' 30" E 1510.22 feet; thence S 24 20' 00" E 195.19 feet; thence S 58 03' 00" E 132.96 feet; thence N 00 12' 30" E 33.88 feet; thence S 65 30' 00" E 356.60 feet; thence S 70 30' 00" E 300.00 feet; thence N 57 00' 00" E 197.00 feet; thence N 69 00' 00" E 136.82 feet to a point on the westerly ROW line of Interstate Highway 25; thence southerly along said ROW line S 00 13' 00" W 1885.13 feet; thence S 10 42' 00" W 203.40 feet; thence S 26 47' 00" W 559.00 feet; thence N 26 00' 51" W 1650.00 feet; thence S 18 02' 24" W 1650.00 feet; thence N 01 39' 30" E 300.00 feet; thence N 88 20' 30" W 290.40 feet; thence S 01 39' 30" W 330.00 feet; thence N 88 20' 30" W 514.24 feet; thence N 00 12' 30" E 390.00 feet; thence N 88 20' 30" W 120 feet to the Point of Begin- ning, less a tract of land described as follows; A tract of land situate in the southeast quarter of section 16, township 7 north, range 68 west of the 6th P.M, Larimer County, Colorado, which considering the south line of the southeast quarter of said section 16 as bearing N 88 20' 30" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the southeast corner of said section 16 and run thence N 41 20' 00" W 1412.50 feet to the True Point of Beginning said point being on the northeasterly boundary of the Interstate Lands First Annexation, and on the boundary of the Interstate Lands Second Annexation; thence N 26 00' 51" W 83.89 feet; thence N 82 02' 00" E 59.46 feet; thence N 85 36' 50" E 289.72 feet; thence N 82 12' 17" E 142.46 feet; thence along the arc of a 369.26 foot radius curve to the left a distance of 414.86 feet, the long chord of which bears N 42 55' 41" E 393.38 feet; thence N 03 39' 05" E 142.46 feet; thence N 01 59' 37" E 504.04 feet to a point on the easterly boundary of Interstate -Lands Second Annexation; thence S 00 12' 25" W 906.14 feet along the easterly boundary of Interstate Lands Second Annexation; thence N 89 47' 35" W 79.94 feet; thence along the arc of a 449.26 foot radius curve to the right a distance of 220.16 feet, the long chord of which bears S 61 04' 30" W 217.96 feet; thence S 82 02' 00" W 157.09 feet; thence S 85 36' 50" W 289.72 feet; thence S 82 12' 17" W 28.48 feet to the Point of Beginning. Containing 170.024 acres.