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HomeMy WebLinkAboutNRRC - Filed OA-OTHER AGREEMENTS - 2014-07-09RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 6 OF 16, Scott Doyle, Larimer County, CO 5. Jurisdiction. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision of this Agreement, whether or not incorporated herein by reference, that provides for arbitration by any extra -judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that the agreement of the parties is capable of execution. 6. No Corrupt Influences. The signatories hereto aver that they are familiar with C.R.S. §18-8-301 et sea. (Bribery and Corrupt Influences) and C.R.S. § 18-8-401 et seq. (Abuse of Public Office), as may be amended from time to time, and that no violation of such provisions is present. 7. No Beneficial Interest. The signatories hereto aver that to their knowledge, no State employee has any personal or beneficial interest in the property described herein. 8. Obligations Subiect to Annual Appropriation, Any financial obligations of Grantee under this Agreement that are payable in subsequent fiscal years are subject to annual appropriation of sufficient funds therefore by Grantee's City Council, in its sole discretion. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. City of Fort Collins, Colorado, A Municipal Corporatto By: City Manager APPROVED AS TO FORM: By: Assistant City Attorney ATTEST: �� OF FORTco`Z S to By: City C BRA° Page 6 of 7 SKI -,El LG SKLI0231 LR 25563-2011.006 .vmrA 4vaR.',?'L,idR/m'aiTtTF,f41?F:a3fi?c mF aA?t11, �PIZ—.. _. ,.ems w .--4'.... RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 15 OF 16, Scott Doyle, Larimer County, CO Exhibit "C" Construction Easement Area Page 3 .of 4 seconds and an arc length of 1.64 feet, being subtended by a chord of North 07 degrees 30 minutes 15 seconds East for a distance of 1.64 feet; THENCE continuing along the west line as described at Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds East for a distance of 17.40 feet; THENCE leaving the said west line, North 82 degrees 27 minutes 59 seconds West for a distance of 20.06 feet; THENCE South 07 degrees 29 minutes 50 seconds West for a distance of 19.51 feet; THENCE South 83 degrees 47 minutes 49 seconds East for a distance of 20.06 feet to the point of beginning. Containing 387 square feet more or less. The above described easements contain a total of 4,000 square feet more or less and are subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 J�d ? rt ,9�OQ;.• �0 �14h�,op CO1,0Q".ar.``. Page 3 of 3 SKLD LG SKL10231 LR 25563-2011.015 RECEPTION#. 20110025563, 04/29/2011 at 11:23:37 AM, 16 OF 16, Scott Doyle, Larimer County, CO Exhibit "C" Construction Easement Area Page 4 of 4 LOCATION SKETCH OF EXHIBITS B AND C LOCATION SKETCH STATE OF COLORADO BOARD OF AGRICULTURE NOW KNOWN AS THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSOLQRADST M, AC IING NV BY AND THROUGH AVON"Z1 Ltrkr 7DI0 Gl5wiVi R/ \ &,_-� L___-___--_.-.y. - CENTER 1/4 CORNER 23-7-89 I M2N-Ll'C[US/il L4SE,N e ,P/ A-m99ew I Course Bearing Distance Ll N 89'22'14' V 8 47 4 8' L2 N 07.32'O1' E N 07,32,01, E 0.15' 77045' L3 L4 N 07'32'01' E 78.91 L5 N 83'33'39' V L6 S 17.10'23' V 36.90' L7 S 83*33,39' E S 03.33,39' E g4,58' Ls L9 N 07'29'50' E 19.51' LIO S 82'27'S9' E 20,06' Lll 5 83-47149' E N 82'30'10' W 2011' L12 L13 N 37-30'19' E 43.58' 3010' L34 N 82-28.47' V TH9 SKETCH MID THE AREAS SHOWN DEPICT THE ATTACHED PROpERTY DESCRIPTION ONLY, I.NO DO NOT REPRESENT A MONUMENTED BOUNC'w SURVEY, wA PROJ\TRANSER✓\NRRC\CSUROW �lSFO L'UES7RHN BR7LGE EAST 1/4 CORNER 23-7-69 Curve Radius Length Delta Chord Chord Bear, .00' 39,11, 1,24'33' 39.11' N 06'49'44' E Cl t090 C2 159010011.64' 0'03'33' 1.64' N 07'30'15' E C4 MAW 08.4 ' 41,24139' 106 07' S 26 52,19, V C6 45.75' 32 2' 0 OS 42' 31 37' S 3910D'13' V C7 132.69' 113.D3' 48'48'17' 109.64' S 27'07.36' V CO 159C.00' 37,46' 1.21,00' 37.46' N 06147'58' E N APRIL 20, 2009 NTS SKLD LG SKLI0231 LR 25563-2011.016 nnr-vnnn,r�,�... �irv��.nn�. rwm��.rtnnrvn^mtwwnnnnr*:iwnaa�wwrar,mtmmnnn^nnn"'a,^^n.'mm�nnnnnluaeNNrtml..tMtmlrtnnnn'. ' RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 7 OF 16, Scott Doyle, Larimer County, CO STATE OF COLORADO ) ss COUNTY OF LARIMER )� Th=oegoing instrument was acknowle ed 1 of e mp this day of 2011 by and as City Manager and City Clerk of t City of Fort Collins, Colorado. My commission expires: ? -1 b � d3 Witness my hand and official seal. The Board of Governors of the CSU System for the use and benefit of Colorado State University By: Dr, An ony . Frank�Presid�ent Colorado State University APPROVED: ". - STATE OF COLORADO � PGONZ: NOTARY PUBLIC Notary Public t'N" '��ii� ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this ay of + rz, L , 2011 by Dr. Anthony A. Frank, President, Colorado State URt,�f�i't'y, the oard of Governors of the Colorado State University System. �o°�.P ..E• N.reo�''�,, My commission expires: NOTARY d - N� :• PUBLIC ; o Witness my hand and official seal. r%9rF P��•� Z� A !ss/� Sxpires off, Notary P ' lic Page 7 of 7 SKLD LG SKL10231 LR 25563-2011-007 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 8 OF 16, Scott Doyle, Larimer County, CO Exhibit "A" Grantor's Property Page 1 of 2 Parcel 1: Land lying and being within Larimer County, the State of Colorado, further described as: A portion of the SEk of Suction 23, Township 7 North, 9040 69 West of 6tb ?.N., nose particularly described as f011owai Considering the North line of said 80 as bearing due Mast and with all bearings of contained berets relative thereto and beginning said SEA and ruauiug tbtncs 9- 69049, East 1767.85 feet along the South line of said Sr* to a pint on the Westerly )Right of say line of the Ma 8.R.R. thence N.00 33' Best 2337.70 feet along said Westerly flight of Nay line, thence N►04 21' Xaast 306.19 loot to a point which is the intersection of said Westerly Right of Way line I the North line of said $A, tbeaoe West along said North oIto* 1832.755g fag}}t toti the Northwettst��co��rner oof�f sapgid 8Li�, thence 8.00 25 aM;6inftni alongo1h;ortsColltasOfCoiorado9t to the point of begin- SKLD LG SKL10231 LR 25563-2011.008 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 9 OF 16, Scott Doyle, Larimer County, CO Exhibit "A" Parcel 2: Grantor's Property Page 2 of 2 Land lying and being within Larimer County, the State of Colorado, further described as: A tract of land located in the Northeast Quarter of Section 23, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as followsi Considering the South line of the Northeast Quarter of said Section 23 as bearing South 89 degrees 21 minutes 03 seconds East and with all bearings contained herein relative thereto, Commencing at the Center Quarter corner of said Section 23r thence along said South line of the Northeast Quarter, South 69 degrees 21 minutes 03 seconds East, 294.89 feet to a point on the Southeasterly line of a proposed 15 foot wide utility easement, said point also being the Point of Beginning; thence along said Southeasterly line, North 42 degrees 50 minutes 32 seconds East 439.54 feet to a point on a non -tangent curve concave to the North having a central angle of 76 degrees 59 minutes 22 seconds, a radius of 125.00 feet and the chord of which bears North 64 degrees 09 minutes 44 seconds East, 155.61 feet; thence along the arc of said curve 167.97 feet to a point on the South line of the Open Space/Pedestrian-Bicycle Trail recorded in Book 2108 at Page 1021, Larimer County records and also being an a non -tangent liner thence along said non -tangent line and along said South line the following twelve (12) courses and distances, South 77 degrees 50 minutes 54 seconds East, 71.54 feet to a point on a curve concave to the North having a central angle of 24 degrees 40 minutes 45 seconds a radius of 262.50 feet and the chord of which bears North 89 degrees 48 minutes 44 seconds East 112.20 feet; thence along the arc of said curve 113.07 feet; thence North 77 degrees 28 minutes 21 seconds East, 223.36 feet to a point on a curve concave to the South having a central angle of 40 degrees 08 minutes 05 seconds, a radius of 62.50 feet and the chord of which bears South 82 degrees 27 minutes 36 seconds East, 42.89 feet; thence along the arc of said curve 43.78 feet; thence, South 62 degrees 23 minutes 34 seconds East, 115.96 feet to a point on a curve concave to the North having a central angle of 34 degrees 01 minutes 50 seconds, a radius of 262.50 feet and the chord of which bears South 79 degrees 24 minutes 29 seconds East, 153.63 feet; thence along the arc of said curve 155.91 feet; thence, North 83 degrees 34 minutes 36 seconds East, 29.54 feet to a point on a curve concave to the North having a central angle of 21 degrees 37 minutes 19 seconds, a radius of 372.50 feet and the chord of which bear. North 72 degrees 45 minutes 57 seconds East, 139.74 feet: thence along the arc of said curve 140.57 feet to a point on a curve concave to the Northwest having a central angle of 14 degrees 19 minutes 03 seconds, a radius of 672.50 feet and the chord of which bears North 54 degrees 47 minutes 46 seconds East, 167.61 feet; thence along the arc of said curve 168.05 feetr thence, North 47 degrees 38 minutes 14 seconds East, 45.So feet to a point on a curve concave to the South having a central angle of 44 degrees 20 minutes.04 seconds, a radius of 47.50 feet and a chard of which bears South 69 degrees 48 minutes 16 seconds Went, 35.84 feet; thence along the arc of said curve 36.75 feett thence, South Be degrees 01 minutes 42 seconds East, 80.22 feet to a point on the West right-of-way line ,of Burlington Northern Railroad; thence along said West right-of-way line South 06 degrees 27 minutes 32 seconds West, 478.99 feet to a point on the South line of said Northeast Quarter of Section 23; thence along said South line, North 89 degrees 21 minutes 03 seconds West, 1,536.77 feet to the Point of Beginning. A-1 SKLD LG SKL10231 LR 25563-2011.009 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 10 OF 16, Scott Doyle, Larimer County, CO Exhibit "B" Easement Area Page 1 of 3 DESCRIPTION OF A PERMANENT EASEMENT TO BE ACQUIRED FROM THE COLORADO STATE BOARD OF AGRICULTURE, NOW KNOWN AS THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY A Permanent Easement located in the northeast quarter of Section 23, Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the south line of the northeast quarter of the said Section 23 as bearing North 89 degrees 22 minutes 14 seconds West between a 2.5" Aluminum Cap Monument at the east quarter corner and a 2.5" Aluminum Cap Monument at the center quarter corner of Section 23, based upon G.P.S: observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 23; THENCE along the south line of the northeast quarter of the said Section 23, North 89 degrees 22 minutes 14 seconds West for a distance of 847.88 feet to the west line of a Non-exclusive Easement recorded October 19, 2005 at Reception No. 20050089229 records of the Clerk and Recorder of the said Larimer County; THENCE along the said west line, and along the west line of a Non-exclusive Easement recorded January 31, 2005 at Reception No. 20050007910 records of the said Clerk and Recorder, along a non - tangent curve to the right having a radius of 1590.00 feet a central angle of 01 degrees 24 minutes 33 seconds and an arc length of 39.11 feet, being subtended by a chord of North 06 degrees 49 minutes 44 seconds East for a distance of 39.11 feet; THENCE continuing along the west line as described at Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds East for a distance of 17.40 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west line as described at Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds East for a distance of 70.15 feet; THENCE leaving the said west line, North 82 degrees 30 minutes 10 seconds West for a distance of 20.11 feet; THENCE North 07 degrees 30 minutes 19 seconds East for a distance of 43.58 feet; THENCE North 82 degrees 28 minutes 47 seconds West for a distance of 30.10 feet; THENCE along a non -tangent curve to the right having a radius of 52.66 feet a central angle of 44 degrees 20 minutes 06 seconds and an arc length of 40.75 feet, being subtended by a chord of South 36 degrees 32 minutes 30 seconds West for a distance of 39.74 Page 1 of 2 SKLD LG SKL10231 LR 25563-2011.010 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 11 OF 16, Scott Doyle, Larimer County, CO Exhibit "B" Easement Area Page 2 of 3 feet; THENCE along a non -tangent curve to the right having a radius of 150.00 feet a central angle of 41 degrees 24 minutes 39 seconds and an arc length of 108.41 feet, being subtended by a chord of South 26 degrees 52 minutes 19 seconds West for a distance of 106.07 feet; THENCE South 83 degrees 33 minutes 39 seconds East for a distance of 84.58 feet; THENCE North 07 degrees 29 minutes 50 seconds East for a distance of 19.51 feet; THENCE South 82 degrees 27 minutes 59 seconds East for a distance of 20.06 feet to the point of beginning. Containing 8,631 square feet more or less. The above described tract is subject to all easements and .rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 DNA COo..,.O°: Page 2 of 2 SKLD LG SKL10231 LR 25563-2011.011 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 12 OF 16, Scott Doyle, Larimer County, CO ' Exhibit "B" Easement Area Page 3 of 3 LOCATION SKETCH OF EXHIBITS B AND C LOCATION SKETCH STATE OF COLORADO BOARD OF AGRICULTURE NOW KNOWN AS THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY rw �) O/ 9lY1S11'.YlZO/O CENTER 1/4 CORNER I 23-7-69 II hl7N-fXGY(/A'�E / � EASE-Aew.r R/ ?a25A'.i9.P1P� I I I Course Bearing DistanCe Ll N 89'22'14' W 847.88' L2 N 07'32'01' E 17.40' L3 N 07'32'01' E 70.15' L4 N 07*32,01' E 78.91' LS N 83"33'39' W 52.11' L6 S 17'10'23' W 36.90' L7 S 83'33'39' E 7.46' LB S 83'33'39' E 84.58' L9 N 07.29'50' E 19.S1' LID S 62.27139' E 20.06' Lit S a3.47'49' E 20.06' L12 N 82'30'10' V 20.11, LL3 N 07'30'19' E 4158' L14 N 02'20'47' W 30,10' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND 00 NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. K\SURV\PROJ\TRANSERV\NRRC\CSUROW AMPRSE17 'Ars w'" F EAST 1/4 CORNER 23-7-69 Curve Radius Length Delta Chord Chord Bear. CI 1590.00, 39.11, 1'24'33' 39.11' N 06'49'44' E C2 1590.00, L.64' 0.03'33' 1.64' N 07.30'15' E C3 52.66' 40.75' 44'20'06' 39.74' S 36:32130' V C4 150.00' 108,41' 41.24'39' 106.07' S 2652,19, V C5 29.94' 2199, 5'54'59' 2.99, S 20'14'45' W C6 45.7532.02, 40.03,42, 31.37' S 39'00'15' V C7 132.69' 113,D3' 48.48'17' 109.64' S 27.07,26' W C8 1590.00' 37.46' 1.21'00' 37.46' N W,17158' E N i APRIL 20, 2009 NTS SKLD LG SKL10231 LR 2SS63-2011.012 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 13 OF 16, Scott Doyle, Larimer County, CO Exhibit "C" Construction Easement Area Page 9 of 4 DESCRIPTION OF TWO TEMPORARY CONSTRUCTION EASEMENTS TO BE ACQUIRED FROM THE COLORADO STATE BOARD OF AGRICULTURE, NOW KNOWN AS THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY Two Temporary Construction Easements located in the northeast quarter of Section 23, Township 7 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the south line of the northeast quarter of the said Section 23 as bearing North 89 degrees 22 minutes 14 seconds West between a 2.5" Aluminum Cap Monument at the east quarter corner and a 2.5" Aluminum Cap Monument at the center quarter corner of Section 23, based upon G.P.S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 23; THENCE along the south line of the northeast quarter of the said Section 23, North 89 degrees 22 minutes 14 seconds West for a distance of 847.88 feet to the west line of a Non-exclusive Easement recorded October 19, 2005 at Reception No. 20050089229 records of the Clerk and Recorder of the said Larimer County; THENCE along the said west line, and along the west line of a Non-exclusive Easement recorded January 31, 2005 at Reception No. 20050007910 records of the said Clerk and Recorder, along a non - tangent curve to the right having a radius of 1590.00 feet a central angle of 01 degrees 24 minutes 33 seconds and an arc length of 39.11 feet, being subtended by a chord of North 06 degrees 49 minutes 44 seconds East for a distance of 39.11 feet; THENCE continuing along the west line as described at Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds East for a distance of 87.55 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west line as described at Reception No. 20050007910, North 07 degrees 32 minutes 01 seconds East for a distance of 78.91 feet; THENCE leaving the said west line, North 83 degrees 33 minutes 39 seconds West for a distance of 52.11 feet; THENCE along a non -tangent curve to the left having a radius of 28.94 feet a central angle of 05 degrees 54 minutes 59 seconds and an arc length of 2.99 feet, being subtended by a chord of South 20 degrees 14 minutes 45 seconds West for a distance of 2.99 feet; THENCE South 17 degrees 10 minutes 23 seconds West for a distance of 36.90 feet; THENCE along a curve to the right having a radius of 45.75 feet a central angle of 40 degrees 05 minutes 42 seconds and an arc Page 1 of 3 SKLD LG SKL10231 LR 25563-2011.013 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 14 OF 16, Scott Doyle, Larimer County, CO Exhibit "C" Construction Easement Area Page 2 of 4 length of 32.02 feet, being subtended by a chord of South 39 degrees 00 minutes 15 seconds West for a distance of 31.37 feet; THENCE along a non -tangent curve to the right having a radius of 132.69 feet a central angle of 48 degrees 48 minutes 17 seconds and an arc length of 113.03 feet, being subtended by a chord of South 27 degrees 07 minutes 36 seconds West for a distance of 109.64 feet; THENCE non -tangent from the previous curve, South 83 degrees 33 minutes 39 seconds East for a distance of 7.46 feet; THENCE along a non -tangent curve to the left having a radius of 150.00 feet a central angle of 41 degrees 24 minutes 39 seconds and an arc length of 108.41 feet, being subtended by a chord of North 26 degrees 52 minutes 19 seconds East for a distance of 106.07 feet; THENCE along a non -tangent curve to the left having a radius of 52.66 feet a central angle of 44 degrees 20 minutes 06 seconds and an arc length of 40.75 feet, being subtended by a chord of North 36 degrees 32 minutes 30 seconds East for a distance of 39.74 feet; THENCE non -tangent from the previous curve, South 82 degrees 28 minutes 47 seconds East for a distance of 30.10 feet; THENCE South 07 degrees 30 minutes 19 seconds West for a distance of 43.58 feet; THENCE South 82 degrees 30 minutes 10 seconds East for a distance of 20.11 feet to the point of beginning. Containing 3,613 square feet more or less. TOGETHER WITH: With the above described basis of bearings; Commencing at the east quarter corner of the said Section 23; THENCE along the south line of the northeast quarter of the said Section 23, North 89 degrees 22 minutes 14 seconds West for a distance of 847.88 feet to the west line of a Non-exclusive Easement recorded October 19, 2005 at Reception No. 20050089229 records of the Clerk and Recorder of the said Larimer County; THENCE along the said west line, and along the west line of a Non-exclusive Easement recorded January 31, 2005 at Reception No. 20050007910 records of the said Clerk and Recorder, along a non - tangent curve to the right having a radius of 1590.00 feet a central angle of 01 degrees 21 minutes 00 seconds and an arc length of 37.46 feet, being subtended by a chord of North 06 degrees 47 minutes 58 seconds East for a distance of 37.46 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the west line as described at Reception No. 2005000'7910 along a curve to the right having a radius of 1590.00 feet a central angle of 00 degrees 03 minutes 33 Page 2 of 3 SKLD 7G SKL10231 LR 25563-2011.014