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HomeMy WebLinkAboutDDA BOUNDARY AND AMENDED PLAN - Filed OR-ORDINANCES & RESOLUTIONS - 2010-04-07ORDINANCE NO. 022, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY WHEREAS, on April 21,1981, the City Council adopted Ordinance No. 046,1981, creating a Downtown Development Authority (the "Authority") and establishing the boundaries of the Downtown Development District (the "District"); and WHEREAS, on September 8, 1981, by Resolution 1981-129, the City Council approved the Fort Collins Downtown Development Authority Plan of Development (the "Plan of Development"), which also describes the boundaries of the District; and WHEREAS, pursuant to Section 31-25-822, C.R.S., subsequent to the organization of a downtown development authority, additional property may be included in the district of the authority, pursuant to a petition signed by the owner or owners in fee of each parcel of land sought to the included; and WHEREAS, if the board of directors of the authority approves said application, the board of directors is to then submit the application to the governing body of the municipality in which the district is contained and, if the governing body also approves the application, it is to amend the ordinance creating the authority so as to include the additional property as described in the petition; and WHEREAS, the City Council has, on eleven previous occasions, amended Ordinance No. 046, 1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No. 002, 1982; Ordinance No. 002, 1993; Ordinance No. 199, 1998; Ordinance No. 148, 2000; Ordinance No. 038, 2004; Ordinance No. 067, 2004; Ordinance No. 099, 2005; Ordinance No. 035, 2008; Ordinance No. 067, 2008 and Ordinance No. 080, 2009 (the "Amending Ordinances"); and WHEREAS, the Board of Directors of the Authority (the "Board") has received petitions for the inclusion of four (4) properties into the boundaries of the District from the fee owners thereof, WHEREAS, the Board has approved the Fort Collins Downtown Alleys Master Plan (the "Master Plan"), as an implementation of the Fort Collins Downtown Strategic Plan, which Master Plan provides for the improvement of certain alleys and, further, the Board has appropriated Authority funds for the construction of improvements to such alleys, including the north -south alley in Block 116 of the Harrison's Addition to the City of Fort Collins that runs from West Laurel Street to West Myrtle Street between College Avenue and Mason Street (the "Alley Cat Alley); and WHEREAS, all of the alleys within Block 116 of the Harrison's Addition to the City of Fort Collins and the adjacent public streets have been dedicated to the public; however, only the east one- half of Block 116, including the east one-half of the Alley Cat Alley, has been included within the District; and RECEPTION#: 20100017039, 03/29/2010 at / F 14, R $71.00 TD Pgs: 0 I O/ ajly Clerk's Office Port Collins, (,olor9dr OF ���lll Scott Doyle, Larimer County, CO OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY TO THE EAST LINE OF THE PLAT OF 1N-SITU SUBDIVISION AS RECORDED FEBRUARY 6, 2004 AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY; THENCE ALONG THE EAST LINE OF THE SAID IN -SITU SUBDIVISION SOUTHERLY, WESTERLY AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN -SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN -SITU SUBDIVISION TO THE WEST LINE OF THE SAID IN -SITU SUBDIVISION; THENCE ALONG THE SAID WEST LINE OF THE IN -SITU SUBDIVISION, NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST 1 /2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF- WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17, AND ITS SOUTHERLY EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET; THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY OF EAST OLIVE STREET; THENCE WESTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE EAST RIGHT OF WAY OF MATHEWS STREET; THENCE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY TO THE CENTERLINE OF EAST OAK STREET; THENCE WESTERLY ALONG THE CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID -10- CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO THE WESTERLY EXTENSION OF THE NORTH LINE OF TRACT TWO OAKPARK PUD; THENCE EASTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE NORTH LINE OF THE SAID TRACT TWO TO THE WEST RIGHT OF WAY OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE SADI WEST RIGHT OF WAY TO THE SOUTH LINE OF THE SAID TRACT TWO OAKPARK PUD; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY TO A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2; THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE OF OLIVE STREET; THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8, BLOCK 143; THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143; THENCE WEST TO THE CENTERLINE OF MATHEWS STREET; THENCE SOUTH TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH -SOUTH ALLEY IN BLOCK 133; THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15, BLOCK 133; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH -SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET; THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON THE CENTERLINE OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. Section 3. That the Plan of Development is hereby amended by the City Council so as to delete the legal description of the boundaries of the District contained on page 3 thereof, and to substitute therefor the legal description contained in Section 2 of this Ordinance. -11- Introduced, considered favorably on first reading, and ordered published this 2nd day of March, A.D. 2010, and to be presented for final passage on the 1 day of March, A.D. 2010. 01 Z45��6 401 Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of h, A.D. 2010. Ma or L) ATTEST: U) A City Clerk -12- Exhibit "A" Legal Descriptions of Properties To be included in District 1. Commencing at the NW corner of Lot 6, Block 116, Harrison's Addition to the City of Fort Collins, Colorado, according to the official Plat thereof, and running thence East 58 feet; thence South 190 feet, thence West 58 feet, thence North 190 feet to the Point of Beginning, County of Larimer, State of Colorado. Owner: HBC Mason, LLC The N '/z of Lot 10, Block 116, Harrison's Addition to the City of Fort Collins, County of Larimer, State of Colorado. Owner: HBC Mason, LLC The N 37'/2 feet of the South 50 feet of Lot 10, Block 116, Harrison's Addition to the City of Fort Collins, County of Larimer, State of Colorado. Owner: HBC Mason, LLC 4. Considering the North line of Lot 5, Block 106, Harrison's Addition to the City of Fort Collins, Colorado as being 190 feet in length as shown by survey recorded in Book 1107, Page 535, Larimer County records: Commending 130 feet West of the NE corner, thence South 190 feet, thence East 130 feet, thence North 100 feet, thence West 65 feet, thence North 90 feet, thence West 65 feet to the point of beginning. Owner: M.H. Mall, Inc. A tract of land located in the northeast quarter of Section 14 of Township 7 North, Range 69 West, of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Commencing at the intersection of the centerline of the north south alley in Block 116 as shown and dedicated on the Plat of Harrison's Addition, a plat of record with the Clerk and Recorder of the said Larimer County, with the centerline of Laurel Street, the said intersection is also on the current DDA boundary, and is also the TRUE POINT OF BEGINNING of this description; THENCE westerly along the said centerline of Laurel Street to the intersection of the centerline of Laurel Street and the southerly extension of the west line of the east half of Lot 12, Block 116 Harrison's Addition; THENCE northerly along the said extended line, to the north right of way line of Laurel Street; THENCE easterly along the said right of way line to the west right of way line of the north south alley in the said Block 116; THENCE northerly along the said west right of way to the north line of Lot 12 Block 116; THENCE westerly along the south right of way of an east west alley in the said Block 116 to the east right of way of South Mason Street; THENCE southerly along the said east line 60.00 feet; THENCE westerly to the centerline of South Mason Street; THENCE northerly along the said centerline to the westerly extension of the north line of the south 3 7.5 0 feet of Lot 11 Block 116; THENCE easterly to the said east right of way line of South Mason Street; THENCE southerly along the said east line to the north right of way line of the said east west alley in block 116; THENCE easterly along the said north right of way to the said west right of way of the north south alley; THENCE northerly along the said west right of way to the north line of Lot 10 Block 116; THENCE westerly along the south right of way of an east west alley in the said Block 116 to the said east right of way line of South Mason Street; THENCE southerly along the said east line to the south line of the north 37.50 feet of the south 50.00 feet of Lot 10 Block 116; THENCE westerly to the west right of way line of South Mason Street; THENCE northerly along the said west line to the south right of way line of West Myrtle Street; THENCE westerly along the said south line to the east right of way of South Mason Street; THENCE southerly along the said east line to the south line of Lot 9 Block 116; THENCE easterly along the north right of way line of the east west alley in Block 116 to the said west right of way line of the north south alley; THENCE northerly along the said west line to the south right of way line of West Myrtle Street; THENCE westerly along the said south line, to the west line of the east 74.00 feet of Lot 8 Block 116; THENCE northerly along the extended line of the said east 74.00 feet of Lot 8 to the centerline of the said West Myrtle Street; THENCE easterly along the said centerline to northerly extension of the said centerline of the north south alley in Block 116; THENCE southerly along the said centerline to the point of beginning. WHEREAS, prior to the expenditure of Authority funds for improvements within Block 116 or at the intersections of such alleys and the public streets adjacent thereto, it is necessary to include within the District the alleys in the west one-half of Block 116 of the Harrison's Addition to the City of Fort Collins, including the west one-half of the Alley Cat Alley, and portions of the public streets adjacent to such alleys; and WHEREAS, the legal description and the name of the fee owner of each property which is the subject of a petition for inclusion referred to herein and the legal description of the alleys in the west one-half of Block 116 of the Harrison's Addition to the City of Fort Collins, including the west one-half of the Alley Cat Alley, and portions of the public streets adjacent thereto (referred to collectively herein as the "Properties"), are set forth on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the Board has determined that the addition of the Properties into the District would further the objectives and purposes of the Authority as contained in the Plan of Development and has, by Resolution 2010-01, recommended approval of the inclusion of such Properties by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the inclusion of the following properties into the boundaries of the District and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development: Commencing at the NW corner of Lot 9, Block 116, Harrison's Addition to the City of Fort Collins, Colorado, according to the official Plat thereof, and running thence East 58 feet; thence South 190 feet, thence West 58 feet, thence North 190 feet to the Point of Beginning, County of Larimer, State of Colorado; And The N %2 of Lot 10, Block 116, Harrison's Addition to the City of Fort Collins, County of Larimer, State of Colorado; And The N 37'/2 feet of the South 50 feet of Lot 10, Block 116, Harrison's Addition to the City of Fort Collins, County of Larimer, State of Colorado; And Considering the North line of Lot 5, Block 106, Harrison's Addition to the City of Fort Collins, Colorado as being 190 feet in length as shown by survey recorded in Book 1107, Page 535, Larimer County records: Commending 130 feet West of the -2- NE corner, thence South 190 feet, thence East 130 feet, thence North 100 feet, thence West 65 feet, thence North 90 feet, thence West 65 feet to the point of beginning; And A tract of land located in the northeast quarter of Section 14 of Township 7 North, Range 69 West, of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Commencing at the intersection of the centerline of the north south alley in Block 116 as shown and dedicated on the Plat of Harrison's Addition, a plat of record with the Clerk and Recorder of the said Larimer County, with the centerline of Laurel Street, the said intersection is also on the current DDA boundary, and is also the TRUE POINT OF BEGINNING of this description; THENCE westerly along the said centerline of Laurel Street to the intersection of the centerline of Laurel Street and the southerly extension of the west line of the east half of Lot 12, Block 116 Harrison's Addition; THENCE northerly along the said extended line, to the north right of way line of Laurel Street; THENCE easterly along the said right of way line to the west right of way line of the north south alley in the said Block 116; THENCE northerly along the said west right of way to the north line of Lot 12 Block 116; THENCE westerly along the south right of way of an east west alley in the said Block 116 to the east right of way of South Mason Street; THENCE southerly along the said east line 60.00 feet; THENCE westerly to the centerline of South Mason Street; THENCE northerly along the said centerline to the westerly extension of the north line of the south 37.50 feet of Lot 11 Block 116; THENCE easterly to the said east right of way line of South Mason Street; THENCE southerly along the said east line to the north right of way line of the said east west alley in block 116; THENCE easterly along the said north right of way to the said west right of way of the north south alley; THENCE northerly along the said west right of way to the north line of Lot 10 Block 116; THENCE westerly along the south right of way of an east west alley in the said Block 116 to the said east right of way line of South Mason Street; THENCE southerly along the said east line to the south line of the north 3 7.5 0 feet of the south 50.00 feet of Lot 10 Block 116; THENCE westerly to the west right of way line of South Mason Street; THENCE northerly along the said west line to the south right of way line of West Myrtle Street; THENCE westerly along the said south line to the east right of way of South Mason Street; THENCE southerly along the said east line to the south line of Lot 9 Block 116; -3- THENCE easterly along the north right of way line of the east west alley in Block 116 to the said west right of way line of the north south alley; THENCE northerly along the said west line to the south right of way line of West Myrtle Street; THENCE westerly along the said south line, to the west line of the east 74.00 feet of Lot 8 Block 116; THENCE northerly along the extended line of the said east 74.00 feet of Lot 8 to the centerline of the said West Myrtle Street; THENCE easterly along the said centerline to northerly extension of the said centerline of the north south alley in Block 116; THENCE southerly along the said centerline to the point of beginning. Section 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances) be, and hereby is, further amended by deleting the legal description contained therein, which description establishes the boundaries of the District, and by substituting the following therefor: BEGINNING AT THE CENTER OF THE INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE INTERSECTION OF THE CENTERLINE OF LAUREL STREET AND THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE EAST HALF OF LOT 12, BLOCK 116 HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENDED LINE, TO THE NORTH RIGHT OF WAY LINE OF LAUREL STREET; THENCE EASTERLY ALONG THE SAID RIGHT OF WAY LINE TO THE WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN THE SAID BLOCK 116; THENCE NORTHERLY ALONG THE SAID RIGHT OF WAY LINE TO THE NORTH LINE OF LOT 12 BLOCK 116; THENCE WESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE 60.00 FEET; THENCE WESTERLY TO THE CENTERLINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 37.50 FEET OF LOT 11 BLOCK 116; THENCE EASTERLY TO THE SAID EAST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE NORTH RIGHT OF WAY LINE OF THE SAID EAST WEST ALLEY IN BLOCK 116; THENCE EASTERLY ALONG THE SAID NORTH LINE, TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 37.50 FEET OF THE SOUTH 50 FEET OF LOT 10 BLOCK 116; THENCE WESTERLY ALONG THE SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF LOT 5 BLOCK 106 HARRISON'S ADDITION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 AND ITS EXTENSION TO THE EAST LINE OF THE WEST 60 FEET OF LOT 6 BLOCK N 106; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 65 FEET OF THE SAID LOT 5 BLOCK 106; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 90 FEET OF THE SAID LOT 5 BLOCK 106; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO THE SAID WEST RIGHT OF WAY LINE OF SOUTH MASON STREET; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID SOUTH LINE TO A LINE WHICH IS 58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF LOT 9 BLOCK 116 HARRISON'S ADDITION; THENCE SOUTHERLY ALONG THE SAID PARALLEL LINE TO THE SOUTH LINE OF THE SAID LOT 9; THENCE EASTERLY ALONG THE NORTH RIGHT OF WAY LINE OF AN EAST WEST ALLEY IN BLOCK 116 TO THE SAID WEST RIGHT OF WAY LINE OF THE NORTH SOUTH ALLEY IN BLOCK 116; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY LINE OF WEST MYRTLE STREET; THENCE WESTERLY ALONG THE SAID SOUTH LINE TO THE WEST LINE OF THE EAST 74.00 FEET OF LOT 8 BLOCK 116; THENCE NORTHERLY ALONG THE EXTENDED LINE OF THE SAID EAST 74.00 FEET OF LOT 8 TO THE CENTERLINE OF THE SAID WEST MYRTLE STREET; THENCE EASTERLY ALONG THE SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF THE SAID NORTH SOUTH ALLEY IN BLOCK 116; THENCE ALONG THE NORTHERLY EXTENSION OF THE SAID CENTERLINE OF THE ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH BLOCK 115 HARRISON'S ADDITION, TO THE CENTER OF MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID EXTENSION AND ALONG THE SAID CENTERLINE TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 10 BLOCK 96 HARRISONS ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE EAST LINE OF MELDRUM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE, TO THE NORTH LINE OF THE SOUTH HALF OF LOT 9 BLOCK 96 HARRISONS ADDITION; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95 HARRISONS ADDITION; THENCE NORTHERLY ALONG THE SAID CENTERLINE, TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6 BLOCK 95 HARRISONS ADDITION; THENCE WESTERLY ALONG THE SAID EXTENDED LINE AND ALONG THE SAID SOUTH LINE TO THE -5- EAST LINE OF MELDURM STREET; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE NORTH LINE OF THE SAID LOT 6 BLOCK 95; THENCE EASTERLY ALONG THE SAID NORTH LINE AND ITS EXTENSION TO THE SAID CENTERLINE OF THE NORTH SOUTH ALLEY; THENCE NORTHERLY ALONG THE SAID CENTERLINE TO THE CENTERLINE OF MULBERRY STREET; THENCE EASTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE CENTERLINE OF HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET; THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1 /2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG THE SAID LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH - SOUTH ALLEY IN BLOCK 51; THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5, BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE, TO THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE in NORTH LINE OF BLOCK 26, TO THE CENTERLINE OF COLLEGE AVENUE; THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1 /2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12, T7N, R69W OF THE SIXTH P.M.; THENCE (CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST AS BEARING S89058'19"E AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12, S00007'56"W 46.77 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88°18'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, N01016'55"W 208.11 FEET, AND AGAIN S85°23'42"W 65.98 FEET, AND AGAIN N55°34'00"W 253.90 FEET, AND AGAIN N 18-51'00"E 34.17 FEET, AND AGAINN73°33'44"E 105.85 FEET, AND AGAIN N12-50'18"E 71.56 FEET, AND AGAIN N 10°20'00"W 42.66 FEET, AND AGAIN N41 °50'00"W 84.01 FEET, AND AGAIN N51°15'00"W 193.28 FEET, AND AGAIN N67026'23"W 74.87 FEET; THENCE NI8050'30"E 108.60 FEET; THENCE N89°59'13 "E 1484.20 FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N86047'41 "E 140.22 FEET, AND AGAIN N80004'26"E 40.61 FEET, AND AGAIN N87042'34"E 125.10 FEET, AND AGAIN N70°02'35 "E 120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S67039'55"E 180.15 FEET, AND AGAIN S00001'55"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88018' 14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF- WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE, S00°O1'59"E 581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D., S88018'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING; THENCE ALONG THE EAST LINE OF SAID LOT 2 AND ITS SOUTHERLY EXTENSION, S00001'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE ALONG THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE, TO THE SOUTH LINE OF THE SAID LOT 2; THENCE -7- WESTERLY ALONG THE SOUTH LINE OF THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT OF WAY OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN A WARRANTY DEED RECORDED AT RECEPTION NO.20080043084 LARIMER COUNTY RECORDS; THENCE ALONG THE SAID SOUTHERLY LINE, WESTERLY TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE SAID WEST LINE AND ITS EXTENSION, TO THE NORTHEAST CORNER OF LOT 23, REPLAT OF NORTH LEMAY SUBDIVISION, SECOND FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 23, TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23 AND ALONG THE SOUTHWESTERLY LINE OF LOT 3, VANWORKS SUBDIVISION SECOND FILING TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE AND ITS SOUTHERLY EXTENSION, TO THE NORTHEAST CORNER OF LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET; THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE WESTERLY ALONG THE SAID EXISTING SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE SOUTHWEST CORNER OF LOT 2, ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER OF THE SAID LOT 2; THENCE ALONG THE NORTH LINE OF THE SAID LOT 2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID LOT 1; THENCE ALONG THE EAST LINE OF THE SAID LOT 1, SOUTHERLY TO THE SOUTHEAST CORNER OF THE SAID LOT 1 AND TO THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SAID LOT 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY -8- SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE; THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH THE FOLLOWING BEARINGS CONTAINED HEREIN RELATIVE THERETO), RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) NORTH 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES OO SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET, AN ARC DISTANCE OF 14.48 FEET, A CHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION Loa