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HomeMy WebLinkAboutRIGDEN FARM - Filed RD-ROW DEDICATION - 2002-11-08RCPTN # A502.7632 05. 7/95 09:39:00 # PAaES 4 FFE - $20.00 M RODFNRFRGF.R RFCORDFR, LARIMER COUNTY CO STATF 00C FFF - $•00 ADDENDUM TO RTGHT-OF-WAY DEED THIS ADDENDUM is made this 23rd day of December 199 4 by and between THE CO.ORADO S'iA:E BOARD OF AGRICULTURE (hereinafter referred to as "the Board") and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as "the City"). WHEREAS, the Board and the City entered into a Right -of -Way Deed dated August 18, 1994, concerning the conveyance to the City of approximately 9.02 acres of land comprising a portion of what is commonly known as the "Rigden Farm" for the construction of a storm drainage channel; and WHEREAS, the parties wish to modify the Right -of -Way Deed to eliminate the City's obligation to provide a water seepage pump and irrigation system, and to eliminate the requirement that the City reconstruct road crossing no. 3, which requirement is set forth in the Operations Memorandum between the parties dated August 20, 1993, and signed on September 10, 1993, (the "Operations Memorandum"). WHEREAS, the Board does not have any adjudicated seepage water rights for water flowing onto the Rigden Farm Property, which property is described on attached Exhibit "A" which is incorporated herein by this reference (the "seepage water"), but may be able to obtain adjudication of such seepage water; and WHEREAS, the Board will no longer have a need for the seepage water because a portion of the compensation to be paid to the Board by the City hereunder is intended to be used by the Board to acauire other water for use on the Rigden Farm Property. NOW, THEREFORE, in consideration of their mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree to amend the Right -of -Way Deed as follows: 1. That Section 13 of the Right -of -Way Deed is hereby deleted. 2. That the requirement that the City re -construct road crossing no. 3 set forth in the Operations Memorandum is eliminated and the City shall have no obligation to re -construct road crossing no. 3. 3. That the Board agrees not to make any claim to adjudicate the seepage water. 4. That the Board agrees it will not assign, transfer or otherwise convey the seepage water and the Board will not assign, transfer or otherwise convey any claim or right to claim such seepage wa;c.r. 7 / C 'fzt / 6'l I c J ) A/( 1l VI-1 b, breach and the University shall have the right to require specific performance from the City of the conditions. The conditions are as follows: 1. The City shall, not later than May 30, 1995, commence to develop and construct the property as a storm drainage channel in a manner that, in addition to its primary purpose as a storm drainage facility, will constitute open and natural space and wildlife habitat, substantially as contemplated by the Improvement Plans (the "Work"), and as generally described in Exhibit "B" attached hereto and incorporated herein by this reference. The City shall have the right to reasonably modify the size and aesthetic character of the channel included in the Improvement Plans from time -to -time as necessary to achieve the purpose and function of providing a a drainage channel in a manner reasonably consistent with a Natural Area (within the City's normal definition for such areas). As to the condition contained in this paragraph 1 only, in the event the City fails to fulfill this condition by commencing construction on or before May 30, 1995, in addition to all other remedies provided for herein, all right title and interest in and to the property shall revert to the Board and the Board shall refund the consideration set forth above. 2. The Work by the City shall be executed so as to assure access across the channel at multiple points as designated by the Board and as shown on the Improvement Plans. All improvements required to construct such crossings as shown on the Improvement Plans shall be performed by the City at its sole cost and expense. PROVIDED, FURTHER: 3. For the purposes of the initial installation of the channel, the City shall have a right to enter onto a necessary and 3 x reasonable portion of land of the Board adjacent to the property for use as a "temporary construction easement". This temporary construction easement shall terminate 30 days after completion of improvements contemplated by the Improvement Plans, but in no event shall it exist beyond November 30, 1995. 4. Any work or activity undertaken by the City in connection with this Deed shall be so planned, designed and carried out so as to interfere as little as reasonably possible with the character and appearance of the property and the surrounding environment, including its aesthetic character. 5. Except in cases of emergency, the City shall obtain the prior consent of the Board or its representative before undertaking any work or activity which might damage the ground surface of any property of the Board. Such consent shall not be unreasonably withheld. 6. After completion of any work undertaken in connection with the temporary construction easement, the City shall restore the land and any improvements thereon to the condition immediately prior to such work. 7. The City shall properly maintain all facilities and equipment erected or installed in connection with this Deed, except as provided in paragraph 13 below. 8. Routes of access to the property and work areas used for construction, repair, maintenance or removal shall be as few as necessary, and, after completion of any work, the City shall destroy and remove them, restoring the land to the condition immediately prior to such use, except those improvement areas designated on the Improvement Plans to remain. 9. All documents, plats and descriptions as are attached 4 hereto as exhibits, are the result of surveys engaged by the City at its sole expense for the purpose of surveying the boundaries for this Deed, and the Board assumes no responsibility for the accuracy of such survey obtained by the City nor for damages resulting from inaccuracies. 10. All costs incurred in connection with any work, construction, restoration, maintenance, facilities or equipment contemplated in this Deed shall be borne entirely by the City, except as provided in paragraph 13 below. 11. To the extent authorized by law and Article V, Section 16 of the Fort Collins City Charter, the City shall indemnify, save and hold harmless the State, the Board, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the City, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Deed. 12. The City shall not use the property for any purpose, equipment or facilities not specified herein, without the prior written approval of the Board. 13. The City shall install, at City's expense, the water seepage pump and irrigation system set forth in the Improvement Plans, and cooperate with the Board to provide the benefit of all manufacturers' and construction warranties received by the City in connection therewith. The Board shall maintain, operate and repair the pump and irrigation system at the Board's expense. However, if the pump or the irrigation system is damaged due to storm water flows, the City shall repair such damage at City's expense. The water seepage pump and irrigation system described in the Improvement Plans shall remain the property of the City, but shall not be removed without the consent of the University or its successors. 5 14. This Agreement shall be binding on the parties' legal successors. 15. For the purposes of this Deed, the parties designate the following persons as their representatives and list the following addresses for the delivery or mailing of notices and other communications: Representative for the City: City Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Representative for the Board: V i c e President f o r Administrative Services Colorado State University Fort Collins, CO 80523 with copy to: General Counsel Colorado State University Fort Collins, CO 80523 Any notice required or desired to be given under this Agreement shall be delivered or mailed by certified mail to the addresses listed above. 16. The signatories hereto aver that they are familiar with 18-8-301, et sea., (Bribery and Corrupt Influences) and 18-8-401, et sea., (Abuse of Public Office) C.R.S. 1973, as amended, and that no violation of such provision is present. 17. The signatories hereto aver that to their knowledge, no State employee has any personal or beneficial interest in the property described herein. 0 IN WITNESS WHEREOF, the parties have executed this Deed on the day and year first above written. ATTEST: By: ytir r City Clerk APPROVED AS TO FORM: City Attoffiey' 7 ATTEST: By: JohT,Y W. Bliss, Secretary APPROVED: Harry McCabe, Universit Contracts Advisor STATE OF COLORADO) ) ss COUNTY OF LARIMER) City: THE CITY OF FORT COLLINS, COLORADO a Municipal corpo ation By: C� -&t� Title: The BOARD: COLORADO STATE BOARD OF AGRICULTURE By: ;0 James/ . Isgar, Pry ident J it Yost chmidt D u General Counsel The foregoing Deed was acknowledged before me this 9�ay of August , 1994 by John W. Bliss, as Secretary, of the State Board of Agriculture. My commission expires hand and official seal. STATE OF COLORADO ) ki PAW nz..) s s COUNTY OF hkft� ) MY The foregoing Deed was acknowledged before me this Lday of August, 1994 by James R. Isgar, as President, of the State Board of Agriculture. My commission expires Witness my hand and official seal. Notary Public I STATE OF COLORADO My COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 18th day of August, 1994 by Steven C. Burkett, as City Manager and Wanda M. Krajicek, as City Clerk. My Commission expires: January 31, 1998. Witness my hand and official seal. II J Notary Public S LXHI0 T Or BRA�NAQIE AREA AND TEMPORARY CONSTRUCT�ON EASEMENT GAO M rr---a COUNTY, COLORADO N I o� 0 w� p I 15.66 N43'14'01 'E z 15.49 p = 03*54*24" \F R = 260.00 L = 17.73 0 m p = 38'12'24" N � R = 140.00 p o L= 93.36 N P.O.B. TEMPORARY EASEMENT Z 0 110.59 104.41 .771 O N 6"1 o '25"E 0 NS1187.43 m i m — N89'1119 N (n w m 289.4 p = 36'12'24_ N z SA--`i R = 157.00 L = 104.69 m P.O.B. o l N DRAINAGE 0 0 �n2pp�� n�III�r' AREA Ut J Vl �VIIVLSVONE APraRTMEFATf S RUA om100 0 100 200 TST, INC. scale 1'=100' feet ConeNtinq Engln"en FILE. MWEST 7�io�9f SHEET 1 OF 9 ✓OB NO.. 10-041-201 DRAh\�AGE AREA AND TEMeORARY C ONS1fRUC T oOf� EASEMENT N THE W 1/2 OF SEC. 29, Tel M, R.66 WT OF THE Oth P-M, WY OF FBI, COLUNS, LAMMER COUHTY, COo L Oo G ADO QOoS.W UI LEGAL DESCRIPTION - Drainage Area (CSU West) A tract of land located in the West half of Section 29, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being described as follows: Commencing at the West quarter corner of said Section 29 and considering the West line of the Southwest quarter of said Section 29 to bear South 00° 11'02" West with all bearings contained herein, relative thereto; thence along said West line South 00011'02" West, 100.00 feet; thence departing said West line, South 89011'19" East, 215.00 feet to the POINT OF BEGINNING of this description; thence North 81 026'25" East, 84.42 feet; thence along a curve to the left having a delta of 38012'24", a radius of 157.00 feet, and an arc of 104.69 feet; thence North 43014'01" East, 15.66 feet; thence South 00011'02" West, 74.30 feet; thence North 89°11'19" West, 185.00 feet to the POINT OF BEGINNING of this description, containing 4190 square feet (0.10 acre), more or less. LEGAL DESCRIPTION - Temporary Construction Easement A tract of land located in the West half of Section 29, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Latimer County, Colorado, being described as follows: Commencing at the West quarter corner of said Section 29 and considering the West tine of the Southwest quarter of said Section 29 to bear South 00011'02' West with all bearings contained herein, relative thereto; thence along said West line South 00°11'02" West, 100.00 feet; thence departing said West line, South 89011'191, East, 110.59 feet to the POINT OF BEGINNING of this description; thence North 81°26'25" East, 187.43 feet; thence along a curve to the left having a delta of 38012'24", a radius of 140.00 feet, and an are of 93.36 feet; thence North 43014'01" East, 15.49 feet; thence along a curve to the right having a delta of 03°54'24", a radius of 260.00 feet, and an arc of 17.73 feet; thence South 00011'02" West, 98.32 feet; thence North 89011'19" West, 289.41 feet to the POINT OF BEGINNING of this description, excepting therefrom the following described parcel: TST, INC. Can�Wllnq Fnglnean �eMi�ae� 7�6�9¢ 2 OF ili11N��11 DRAhAAGE AREA AND TEMeORARY CONSTRUCTTT ON EASEMENT W THE W 1/2 OF SEC. 299 T.7 Nv Ra6 o WIT OF THE Oth P.M, MY OF FT. COWNS, LAMMER COUNTY, COLORADO Commencing at said West quarter corner of said Section 29 and considering the West line of the Southwest quarter of said Section 29 to bear South 00011'02" West with all bearings contained herein, relative thereto; thence along said West line South 00011'02" West, 100.00 feet; thence departing said West line, South 89011"9" East, 215.00 feet to the POINT OF BEGINNING of this description; thence North 81026'25" East, 84.42 feet; thence along a curve to the left having a delta of 38°12'24", a radius of 157.00 feet, and an arc of 104.69 feet; thence North 43014'01" East, 15.66 feet; thence South 00011'02" West, 74.30 feet; thence North 89011'19" West, 185.00 feet to the POINT OF BEGINNING of this description. The above described easement contains_a net area of 4410 square feet (0.10 acre), more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, do hereby certify that this exhibit and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. This exhibit does not constitute a land survey as defined by Colorado statutes. z q� Dat MIC A C. CREY;EiR , Professional Land Surveyor Colorado Registration No. 22564 TST, INC. Consulting En,In..n 22564 �tvt'3 ea( '716194 SHEET J OF 9 EXHIBIT "A" LSMMu DDRG°a�HA EE AREA AND TEMPORARY CONSTRUCT0N [EASEMENT MTHE N1/2OFSCEC.29,T.77N,R.68W, OF THE- Mh p"ail, WY OF FT. COIF NS, LAR��Ji ER COUNTY, COLORADDOo QC.S.W C9OuJ mTy ROAD 9 N00.02'45"E EAST LINE NE 1/4 SEC.29 (BASIS OF BEARINGS) A = 48'34'57" R - 560.00 L = 474.84 // i/ A - 50'40'45" . L- 543 - 480.29 1 e I ,ly .12 I� 11 I. I II �I I 1 I I I� �I 1 I DRAINAGE AREA �Y 1 86�I 1 17' TEMPORARY 17' TEMPORARY •-�I CONSTRUCTION EASEMENT CONSTRUCTION EASEMENT �I��'i (TYPICAL) (TYPICAL) I I -� �� 'I• 120' ml'n �1 lm Im �I �Iln mil �jn I' mll II .I NII IIr mll Y vmil Ilm II lip �8'33"W67.14 L --- r✓ N 69.14 l�. 37.34 r", �Mab S89'41'2YE-�1 69.14 �'��?�9 P.O.S. DRAINAGE AREA 102'45'W I 64.59 433.37 20p9 ----J54.37-- -- 9 �p P.D.B. 3 TEMPORARY 0_ � f R = 18.00 O'CONSTRU NT L la R - 418.00 EASEMENT L - 55.67 0 _ -N5250'02'E V Z 22.00 n A - 18'02'13' •- R - 440.00 L- 138.51 w QN W N I N Z W Z J 0 O N 200 0 200 400 scale 1'=200' feet 58.55 �Im �.I N89'41'27'W f 98.55 NOO7.14 E = 9' ^� 6 S8741. 3.9 7"E Im R VAR a 440.0040.00 ; Il L - 40.55 '49' li►� A - 0576'49" A - 05'I6'49" ml m �m. lm R - 457.00 L-51.610 gjlo Npl llQ L-42.12 A - 0516'4V R - 543.00 L- 50.04 -- A=50' i' I I R -A410.010.00 I L - 174.82 A - 24'25'50" / 3 A - 24'25'50' R 307.00 R - 393.00 L = 130.90 i �N�.ry m L - 167.57 A - 24'25'50' R - 290.00 ^mid •"'2 .'R� /� L - 123.65 I ^> FIf E' CSUFAST ,, /�j �EE �°If EET 2 TST, INC. Bo 3uttiny E glnwm SHEET 4 OF 9 n 5. The City shall pay to the board the amount of Twenty-one Thousand Six Hundred Fifty-two and 50/100 Dollars ($21,652.50). 6. The Right -of -Way Deed, as modified by this Addendum, shall remain in full force and effect. 7. The person signing this Addendum for the Board has the authority to act for the Board and to amend the Right -of -Way Deed. IN WITNESS WHEREOF, the parties have executed this Addendum to Right -of -Way Deed on the day and year first above written. ATTEST: City Clerk' APPROVED AS TO FORM: Assistant City Attorney APPROVED: By: ( 4 G net 1 Counsel APPROV D: Title: Director, Facilities THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation 1 � � By e terim CiL�ty�nager APPROVED: By: Tit e:V ce Pr ident for Administrative ervices STATE BOARD OF AGRICULTURE By: ATT By: - 2 of 3 - EXHIBIT "A" DRAh,�AQE AREA AND TEW�ORARY CONSTRMCTM EAS MEN7 IN THE N 1/2 OF SEC. 29, T077 N, R.66 W, OF THE Gth palMly � CITY OF FT. CcOWNS, LARIM ER COUNTY, COo LOo RADO QC .S.U.� A - 34'49'55" R - 260.00 L - 158.06 A - 34'49'55" R - 243.00_ L - 147.73 A - 03'50'47' R - 140.00\ L - 9.40 / ? Z / R - /85.11 / ✓ L = 65.11 200 O 200 400 A - 34'49'55" rn R - 157.00 scale 1'=200' feet ate$ 11 L- 95.45 p - 03'50'47' - 260.00 L - 17.45 1 •n5n n• In A - 03'S - 03'50'4T r1 r.N R' 1r, 047" Y R 243.00 R - 157.00 al•+' m 1� L - 16.31 L 10.54 l11 A - 31'33'00" 1 r A - 40.0 00" l 1 -R - 260.00 L= 77.09 I ' L - 143.17 A - 31'33'00" A - 31'33'00" 3 j R - 243.00 R - 157.00 o n L - 133.81 L - 86.45 A - 20'Ol'26" `4 = 20'01'26" gjgP M R - 40.00 R - 160.00 - n ^ �' L - 13.fB L - 55.92 z A - 20'01'26 R 143.00 L - 49.98 of j A - 09'41'17" R - 140.00 L n 23.67 vn i'ry A - 09'41'17" Z.. I R - 157.00 0 l I L - 26.55 y A - 19'03'14" I R - 360.00 L - 119.72 I R - 343.00 1 L 101.78 CINI Z 1 1 DRAINAGE AREA 17' TEMPORARY CONSTRUCTION EASEMENT (TYPICAL) R - 260.00` L-10.77 V �J w R - 2 L - 28.76.76 A - R - 440.00.00, L - 50.72 A - 06*36*18"� R - 457.00 L - 52.68 S89'Il'1A 51.73 TST, INC. Comul6n9 E glnam FILE' CSUEAST Reyyaej CENTER 1/4 CORNER SEC.29, T.7 N., R.68 W. 17' TEMPORARY IS C71ON EASEMENT (TYPICAL) A 08'58'26" R 260.00 L 40.72 0 07'44'28" 0 243.00 32.83 25'47'02" lLi�1L 140.00 63.00 25'47'02" 157.00 70.65 A - 06108" R - 560.00 L - 64.56 \ A - 06'36'18" R - 543.00 L - 62.60 14.36 74 y SHEET 5 OF 9 LEGAL DESCRIPTION - Drainage Area (CSU East) A strip of land located in the North half of Section 29, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Latimer County, Colorado, being described as follows: Commencing at the East quarter corner of said Section 29, and considering the East line of the Northeast quarter of said Section 29 to bear North 00°02'45" East, with all bearings contained herein, relative thereto; thence along said East line North 00002'45" East, 433.37 feet to the POINT OF BEGINNING of this description; thence departing said East line, North 29°32'07" West, 49.05 feet; thence along a curve to the left having a delta of 25°30'03", a radius of 457.00 feet, and an arc of 203.40 feet; thence North 79006'59" West, 441.79 feet; thence North 89041'27" West, 651.48 feet; thence South 00018'33" West, 69.14 feet; thence North 89041'27" West, 50.78 feet; thence North 44041'27" West, 97.79 feet; thence North 89041'27" West, 102.76 feet; thence along a curve to the left having a delta of 05016'49", a radius of 457.00 feet, and an arc of 42.12 feet; thence South 85001'44" West, 109.18 feet; thence along a curve to the right having a delta of 24025'50", a radius of 393.00 feet, and an arc of 167.57 feet; thence North 70032'26" West, 364.76 feet; thence along a curve to the left having a delta of 34049'55", a radius of 157.00 feet, and an arc of 95.45 feet; thence South 74037'39" West, 56.44 feet; thence along a curve to the right having a delta of 03050'47", a radius of 243.00 feet, and an arc of 16.31 feet; thence South 78028'26" West, 144.73 feet; thence along a curve to the right having a delta of 31 033'00", a radius of 243.00 feet, and an arc of 133.81 feet; thence along a curve to the left having a delta of 20001'26", a radius of 57.00 feet, and an arc of 19.92 feet; thence North 90000'00" West, 34.23 feet; thence South 87008'58" West, 576.54 feet; thence along a non -tangent curve to the right having a delta of 07°44'28", a radius of 243.00 feet, an arc of 32.83 feet, and a chord which bears South 76031'18" West, 32.81 feet; thence South 80023'32" West, 94.07 feet; thence along a curve to the left having a delta of 25047'02", a radius of 157.00 feet, and an arc of 70.65 feet; thence South 54036'30" West, 136.54 feet; thence along a curve to the right having a delta of 06036'18% a radius of 543.00 feet, and an arc of 62.60 feet; thence South 61 ° 12'48" West, 49.08 feet; thence South 00048'46" West, 25.39 feet to the North line of the last parcel described in that deed recorded in Reception No. 90057577; thence along said North line North 89011'21" West, 228.40 feet; thence departing said North line North 00048'39" East, 19.97 feet; thence South 89011'14" East, 44.74 feet; thence North 61012'48" East, 211.46 feet; thence along a curve to the left having a delta of 06036'18", a radius of 457.00 feet, and an arc of 52.68 feet; thence North 54036'30" East, 136.54 feet; thence along a curve to the right having a delta of 06°46'51 ", a radius of 243.00 feet, and an arc length of 28.76 feet; thence North 61 ° 23'20" East, 203.74 feet; thence North 82041 " 1 " East, 209.12 feet; thence along a curve to the right having a delta of 17000'06", a radius of 343.00 feet, and an arc of 101.78 feet; thence South 80018'43" East, 239.80 feet; thence along a Curve to the left having a delta of 09041'17", a radius of 157.00 feet, and an arc of 26.55 feet; thence South 90000'00" East, 74.40 feet; thence along a curve to the right having a delta of 20001'26", a radius of 143.00 feet, and an arc of 55.92 feet; thence along a curve to the left having a delta of 31 033'00", a radius of 157.00 feet, and an arc length of 86.45 feet; thence North 78028'26" East, 144.73 feet; thence along a curve to the left having a delta of 03050'47", a radius of 157.00 feet, and an arc of 10.54 feet; thence North 74°37'39" East, 56.44 feet; thence along a curve to the right having a delta of 34049'55", a radius of 243.00 feet, and an arc of 147.73 feet; thence South 70032'26" East, 364.76 feet; thence along a curve to the left having a delta of 24025'50", a radius of 307.00 feet, and an arc of 130.90 feet; thence North 85001'44" East, 109.18 feet; thence along a curve to the right having a delta of 05°16'49", a radius of 543.00 feet, and an are of 50.04 feet; thence South 2 TST, INC. C.n..Wng &gMn 45a' 54 ��6� i?cVISe4 517"170 SHEET 6 OF 9 EXHIBIT "A" 89041'27" East, 88.96 feet; thence North 00°18'33" East, 69.14 feet; thence South 89041'27" East, 37.34 feet; thence South 44-41'27" East, 97.79 feet; thence South 89°41'27" East, 853.14 feet; thence along a curve to the right having a delta of 50040'45" feet, a radius of 543.00 feet, and an arc of 480.29 feet to the East line of said Northeast quarter; thence along said East line South 00`02'45" West, 159.20 feet to the POINT OF BEGINNING of this description, containing 8.92 acres, more or less. LEGAL DESCRIPTION - Temporary Construction Easement (CSU East) Two strips of land located in the North half of Section 29, Township 7 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being described as follows: Commencing at the East quarter corner of said Section 29, and considering the East line of the Northeast quarter of said Section 29 to bear North 00"02'45" East, with all bearings contained herein, relative thereto; thence along said East line North 00°02'45" East, 354.37 feet to the POINT OF BEGINNING of this description; thence departing said East line North 29032'07" West, 117.76 feet; thence along a curve to the left having a delta of 07°37'50", a radius of 418.00 feet, and an arc of 55.67 feet; thence North 52050'02" East, 22.00 feet; thence along a non -tangent curve to the left having a delta of 18°02'13", a radius of 440.00 feet, an arc of 138.51 feet, and a chord which bears North 46011'04" West, 137.94 feet; thence North 79006'59" West, 421.39 feet; thence North 89041'27" West, 645.81 feet; thence South 00018'33" West, 67.14 feet; thence North 89041'27" West, 71.99 feet; thence North 44041'27" West, 94.96 feet; thence North 89041'27" West, 98.55 feet; thence along a curve to the left having a delta of 05016'49', a radius of 440.00 feet, and an are of 40.55 feet; thence South 85001'44' West, 109.18 feet; thence along a curve to the right having a delta of 24025'50", a radius of 410.00 feet, and an arc of 174.82 feet; thence North 70032'26" West, 364.76 feet; thence along a curve to the left having a delta of 34049'55", a radius of 140.00 feet, and an arc of 85.11 feet; thence South 74037'39" West, 56.44 foot; thence along a curve to the right having a delta of 03050'47", a radius of 260.00 feet, and an arc of 17.45 feet; thence South 78028'26" West, 144.73 feet; thence along a curve to the right having a delta of 31 033'00", a radius of 260.00 feet, and an arc of 143.17 feet; thence along a curve to the left having a delta of 20001126" , a radius of 40.00 feet, and an arc of 13.98 feet; thence North 90000'00" West, 74.02 feet; thence South 87008'58" West, 526.29 feet; thence along a non -tangent curve to the right having a delta of 08058'26", a radius of 260.00 feet, an arc of 40.72 feet, and a chord which boars South 75054'19" West, 40.68 feet; thence South 80023'32" West, 94.07 feet; thence along a curve to the left having a delta of 25047'02", a radius of 140.00 feet, and an arc of 63.00 feet; thence South 54"36'30" West, 136.54 feet; thence along a curve to the right having a delta of 06036'18", a radius of 560.00 feet, and an arc of 64.56 feet; thence South 61 ° 12'48" West, 41.48 feet; thence South 00048'46" West, 14.36 feet to the North line of the last parcel described in that deed recorded at Reception No. 90057577; thence along said North line North 89011'21" West, 268.24 feet; thence departing said North line North 61 ° 12'48" East, 11.31 feet; thence North 00048'39" East, 29.38 feet; thence South 89011'14" East, 51.73 feet; thence North 61012'48" East, 211.01 feet; thence along a curve to the left having a delta of 06°36'18", a radius of 440.00 feet, and an arc of 50.72 feet; thence North 54036'30" East, 136.54 feet; thence along a curve to the right having a delta of 06046'51 ", a radius of 260.00 feet, and an arc of 30.77 feet; thence North 61023'20" East, 206.94 feet; thence North 82041'11" East, 212.31 feet; thence along a curve to the right having a delta of 19003'14" a radius of 360.00 feet, and an arc of 119.72 feet; thence South 80018'43' East, 239.80 feet; thence along a curve to the left having a delta of 09041'17", a radius of 140.00 feet, and an arc of 23.67 feet; thence South 90°00'00" East, 74.40 feet; TST, INC. ConaWling Englneen Revfded 5/a7�'m SHEET 7 OF 9 ✓OB N0. 10-041-201 EXHIBIT "A" thence along a curve to the right having a delta of 20001'26", a radius of 160.00 feet, and an arc of 55.92 feet; thence along a curve to the left having a delta of 31033'00", a radius of 140.00 feet, and an arc of 77.09 feet; thence North 78028'26" East, 144.73 feet; thence along a curve to the left having a delta of 03050'47", a radius of 140.00 feet, and an arc of 9.40 feet; thence North 74037'39" East, 56.44 feet; thence along a curve to the right having a delta of 34049'55", a radius of 260.00 feet, and an arc of 158.06 feet; thence South 70032'26" East, 364.76 feet; thence along a curve to the left having a delta of 24025'50", a radius of 290.00 feet, and an arc of 123.65 feet; thence North 85001'44" East, 109.18 feet; thence along a curve to the right having a delta of 05016'49", a radius of 560.00 feet, and an arc of 51.61 feet; thence South 89041'27" East, 73.96 feet; thence North 00018'33" East, 67.14 feet; thence South 89041'27" East, 58.55 feet; thence South 44'41'27' East, 94.96 feet; thence South 89041'27" East, 848.93 feet; thence along a curve to the right having a delta of 48034'57", a radius of 560.00 feet, and an arc of 474.84 feet to the East line of said Northeast quarter; thence along said East line South 00002'45" West, 264.59 feet to the POINT OF BEGINNING of this description, excepting therefrom the following described strip of land located therein; Commencing at the East quarter corner of said Section 29, and considering the East line of the Northeast quarter of said Section 29 to bear North 00002'45' East, with all bearings contained herein, relative thereto; thence along said East line North 00002'45" East, 433.37 feet to the POINT OF BEGINNING of this description; thence departing said East line, North 29032'07' West, 49.05 feet; thence along a curve to the left having a delta of 25030'03", a radius of 457.00 foot, and an arc of 203.40 feet; thence North 79006'59" West, 441.79 feet; thence North 89'41'27" West, 651.48 feet; thence South 00'18'33" West, 69.14 feet; thence North 89041,27' West, 50.78 feet; thence North 44"41'27" West, 97.79 feet; thence North 89041'27" West, 102.76 feet; thence along a curve to the left having a delta of 05016'49", a radius of 457.00 feet, and an arc of 42.12 feet; thence South 85001'44" West, 109.18 foot; thence along a curve to the right having a delta of 24025'50", a radius of 393.00 feet, and an arc of 167.57 foot; thence North 70032'26" West, 364.76 feet; thence along a curve to the left having a delta of 34049'55", a radius of 157.00 feet, and an arc of 95.45 feet; thence South 74037'39" West, 56.44 feet; thence along a curve to the right having a delta of 03050'47", a radius of 243.00 feet, and an arc of 16.31 feet; thence South 78028'26" West, 144.73 feet; thence along a curve to the right having a delta of 31 033'00", a radius of 243.00 feet, and an arc of 133.81 feet; thence along a curve to the left having a delta of 20001'26", a radius of 57.00 feet, and an arc of 19.92 foot; thence North 90000'00" West, 34.23 feet; thence South 87'08'58' West, 576.54 feet; thence along a non -tangent curve to the right having a delta of 07044'28", a radius of 243.00 feet, an arc of 32.83 feet, and a chord which bears South 76031'18" West, 32.81 feet; thence South 80'23'32" West, 94.07 feet; thence along a curve to the left having a delta of 25047'02", a radius of 157.00 feet, and an arc of 70.65 feet; thence South 54036'30' West, 136.54 feet; thence along a curve to the right having a delta of 06036'18', a radius of 543.00 feet, and an arc of 62.60 feet; thence South 61 at 2'48' West, 49.08 feet; thence South 00048'46" West, 25.39 foot to the North line of the last parcel described in that deed recorded in Reception No. 90057577; thence along said North line North89°11'21' West, 228.40 foot; thence departing said North line North 00048'39"East, 19.97 feet; thence South 89011'14" East, 44.74 feet; thence North 61012'48" East, 211.46 feet; thence along a curve to the left having a delta of 06036'18", a radius of 457.00 feet, and an arc of 52.68 feet; thence North 54"36'30" East, 136.54 feet; thence along a curve to the right having a delta of 06046'51 ", a radius of 243.00 feet, and an arc length of 28.76 feet; thence North 61 023'20" East, 203.74 feet; thence North 82041'11" East, 209.12 feet; thence along a curve to the right having a delta of TST, INC. Con.ulllnq Engln..n Revise( SHEET 8 OF 9 ✓on My rn_n�r_en, EXHIBIT "A" 17000'06", a radius of 343.00 feet, and an arc of 101.78 feet; thence South 80018'43" East, 239.80 feet; thence along a curve to the left having a delta of 09041'17", a radius of 157.00 feet, and an arc of 26.55 feet; thence South 90000'00" East, 74.40 feet; thence along a curve to the right having a delta of 20001'26", a radius of 143.00 foot, and an arc of 55.92 feet; thence along a curve to the left having a delta of 31033'00", a radius of 157.00 feet, and an arc length of 86.45 feet; thence North 78028'26" East, 144.73 feet; thence along a curve to the left having a delta of 03050'47", a radius of 157.00 feet, and an arc of 10.54 feet; thence North 74037'39" East, 56.44 feet; thence along a curve to the right having a delta of 34049'55", a radius of 243.00 feet, and an arc of 147.73 feet; thence South 70°32'26" East, 364.76 feet; thence along a curve to the left having a delta of 24025'50", a radius of 307.00 feet, and an are of 130.90 feet; thence North 85001'44" East, 109.18 feet; thence along a curve to the right having a delta of 05016'49", a radius of 543.00 feet, and an arc of 50.04 feet; thence South 89041'27" East, 88.96 feet; thence North 00018'33' East, 69.14 feet; thence South 89041'27" East, 37.34 foot; thence South 44041'27" East, 97.79 feet; thence South 89041'27" East, 853.14 feet; thence along a curve to the right having a delta of 50040'45" feet, a radius of 543.00 feet, and an arc of 480.29 feet to the East line of said Northeast quarter; thence along said East line South 00°02'45" West, 159.20 feet to the POINT OF BEGINNING of this description. The two above described strips of land, less the exception, contain 3.14 acres, more or less. I, MICHAEL C. CREGGER, do hereby certify that this exhibit and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. This exhibit does not constitute a land survey as defined by Colorado statutes. / Z7 �99 ate TST, INC. ComWWq En,ln..n MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration No. 22564 SHEET 9 OF 9 JOO NO. 10-041-207 EXHIBIT B FOOTHILLS DRAINAGE BASIN REGIONAL CHANNEL REVEGETATION CONCEPT The overall objective of the Foothills Basin Regional Channel revegetation plan is, to the extent practicable, create the character of a typical high plains, prairie stream. This type of stream is predominantly vegetated by dryland grass species and appropriate wetland species where water is available. They are not naturally highly vegetated with trees nor shrubs. Much of the natural character of the channel will be achieved by the grading of the channel, creation of ponds and wetland "pods", and planting of "clusters" of trees at various locations along the channel. By implementing the following grading and landscaping components of the project the City is striving to achieve a final product that is aesthetically pleasing, will fall under the City's definition of a Natural Area, and will promote and enhance the natural habitat of the area. Channel Grading The channel will be approximately 65-90 feet wide at the top and, on average, five to six feet deep. The sideslopes will vary from 6:1 to 4:1. The bottom width of the channel will vary from 12 feet to 20 feet, with a six feet wide trickle channel (to carrylowflows) meandering within the channel bottom. The grading is designed to give the channel a more natural and less engineered look. Drop Structures (on CSU's property) At three locations on the eastern end of the channel, soil cement drop structures will be constructed to dissipate the water's energy and control erosion. The material is a mixture of cement and local soil that is placed in lifts and compacted. Although man-made, the "sandstone" look of the structures will blend into the landscape more readily than a rock or concrete structure. Wetland "Pods" Ponds At four locations along the channel, (three on CSU's property), wetland "pods" will be created. The channel bottom will be widened and gravel packs constructed to spread the low flows across the entire channel bottom. This will promote creation of a wetland. At four locations, (three on CSU's property), the channel bottom will be widened and deepened approximately 18 inches to create open ponds. There will be no attempt to maintain these as open ponds if wetland vegetation begins to encroach. We are attempting to allow the channel to find its own natural state within the confines of the right-of-way. Revegetation The primary objective is to create a self-sustaining wetland plant community adjacent to and along the trickle channel and to meet the mitigation requirements of the Corp of Engineers 404 permit. EXHIBIT "B" i� The secondary objective is to establish a plant community over the remainder of the channel that will stabilize the disturbed areas, will adapt to local site conditions, and will be useful to local wildlife species. Wetlands- The area adjacent to the trickle channel will be planted with a native grass mixture suitable for wetland locations. In addition, wetland plants will be planted in the "pods" and on the pond borders. It is anticipated that it will take several years for the plants and grasses to propagate and reach maturity. Uplands- Channel sideslopes will be planted with a native grass seed mix that is tolerant of saline and dry environmental conditions. It is anticipated that the channel will be designated as a Natural Area and will require minimal maintenance. The channel will be mowed for weed control in the first several years, but thereafter, minimal mowing will occur. Trees- In keeping with the prairie stream vision, only a small amount of trees will be planted. Native, drought tolerant, deciduous species will be used (eg: cottonwood, willow, hackberry). Two to three trees will be "clustered" in strategic locations adjacent to the ponds and wetland "pods". Exact locations will be determined after final grading of the channel is complete. Specific details of the revegetation plan can be found in the plans and specifications for the Foothills Drainage Basin Regional Channel- Timberline to Fossil Creek Reservoir Inlet Ditch Project. STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before by this 1174( day of ya�t,,.�� 1995, by James R. Isgar, President of the Colorado State Board of Agriculture, and John W. Bliss, Secretary of the Colorado State Board of Agriculture. Witness my hand and official seal. My Commission Expires: /% Ilfs- I Notary PAblic - 3 of 3 - KSE 19 1111 i71 MC 1740 SECTION 29, T6N, R69N 11 WE RD. WaTOOTH RD. SCALE : 1'=1000' cx1141Ai7- 7t 1 -E--7�, -9V WY OFF ^-r 30L�� u;& n �r ri ADDENDUM TO RIGHT-OF-WAY DEED THIS ADDENDUM TO RIGHT-OF-WAY DEED is made this < _? day of 1994, between THE COLORADO STATE BOARD OF ii AGRICULTURE (hereinafter referred to as "the Board") and THE CITY si OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter r s, referred to as "the City"). WHEREAS, the Board and the City entered into a Right -of -Way = Deed dated August 18, 1994, and recorded with the Larimer County =i Clerk and Recorder at Reception No. 94069703, concerning pia approximately 9.02 acres of land located in the City of Fort U'L' Collins which is a portion of what is commonly known as the "Rigdon a; r a. Farm"; and WHEREAS, the Right -of -Way Deed grants and conveys to the City the right to use the property for a stormwater drainage channel and related facilities but did not specifically include a general grant z; of underground utility rights; and WHEREAS, the parties wish to modify the Right -of -Way Deed to x include a grant of underground utility rights from the Board to the �i f; City. ex', ? al NOW, THEREFORE, in consideration of their mutual promises contained herein and One Dollar ($1.00), and other good and x valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. That the first full paragraph on page two of the Right- n a, of -Way Deed shall be modified to read as follows: n "WITNESSETH, that the Board, for and in consideration of S, ^S� the sum of One Hundred Seventeen Thousand Three Hundred a x; Thirty-five and 70/100 Dollars ($117,335.70), to the Board in hand paid by the City and the promises and covenants of the City contained herein, and subject to the terms and conditions herein made, does hereby grant, ?'x release and quit claim to the City of Fort Collins, zlf; Colorado, the following real property ("the Property") in the County of Larimer, State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference, for, and only for, the following use: to construct, maintain, repair, and operate a stormwater drainage channel and related facilities in the manner and style as more fully set forth in the Improvement Plans, and to construct, maintain, repair, and operate underground utilities, reserving unto the Board all mineral rights, including the right to extract any minerals, and crossing rights over areas of the Property shown in the Improvement Plans. However, any mineral extraction shall be done in accordance with methods and procedures approved by the City and in a manner that does not impair the City's use and operation of the drainage channel or the underground utilities." 2. The Right-of-way Deed shall remain in full force and effect as modified by this Addendum. IN WITNESS WHEREOF, the parties have executed this Deed on the day and year first above written. ATTEST: ��, 1'r'1 !-, 1 APPROVED AS TO FORM: Assistant City Attorney ATTEST: J,dhn W. Bliss, Secretary f� THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: 'IL1W qjX-y'Manager6/ THE BOARD: COLORADO STATE BOARD OF AGRICULTURE am - 2 of 3 - �n nr) APPROVE Harry cCabe, University Contract Advisor STATE OF COLORADO ss. COUNTY OF LARIMER Jud th lost Schmidt, De # y general Counsel The foregoing instrument was acknowledged before me this /dax. day of `? , 19�, by James R. Isgar, President of the Colorado State Board of Agriculture, and John W. Bliss, Secretary of the Colorado State Board of Agriculture. Witness my hand and offic�al / My Commission Expires: 7/151175 Nota y Publ' - 3 of 3 - RC PTN Y 4411 Fit/H4 11({44 1_h •. 12-M) 12 PAC3F.S - 14 RF.F - �45.(1fl XH . F F: M:. - N . I I n M H(111 M'N Hh;Rh FLH RNC'.(1(71)H. I,A F2 rMFg C'OIINTV ('.Q S`I'%1T RIGHT OF WAY DEED THIS DEED is made this /F„ day of August Colorado State Board of Agriculture (the "Board") Fort Collins, Colorado (the "City"). S141E DOCUMENTARY fU 1994 between the and the City of WHEREAS, The Board is a body corporate and the governing board of Colorado State University, a state institution of higher education located in the City of Fort Collins, Colorado. WHEREAS, The "property" is a strip of land approximately 85- 90 feet in width and comprising approximately 9.02 acres, and is situated in the City of Fort Collins, County of Larimer, State of Colorado, being described more fully on Exhibit "A" hereto. The property is a portion of what is commonly know as the "Rigden Farm," which is held by the Board for the use and benefit of Colorado State University. The Rigden Farm is located in the easterly part of the City, and is bounded on the east side by County Road 9, on the north side, in part, by Drake Road, and the remaining boundaries border partially developed, privately owned lands. WHEREAS, The City desires to develop, construct, and use the property as an open channel to carry storm waters from the Foothills Drainage Basin, Regional Channel to the Cache La Poudre River. The channel is to be part of the public works project being constructed by the City known as the Foothills Basin Regional Channel Project. WHEREAS, Representatives of the Board have cooperated with the City in the design and planning of the proposed channel in an effort to serve the interests of their respective constituencies and in a manner reflective of their respective constitutional autonomy, authority, and responsibilities as public entities. The 1 I Al CITY OF FORT COLUNS preliminary plans for the proposed channel approved by the parties and referred to for the purposes of this agreement are dated May 18, 1994, were prepared by TST, Inc. of Fort Collins, and are entitled "Foothills Drainage Basin Regional Channel, Timberline Road to Fossil Creek Reservoir Inlet Ditch" (the "Improvement Plans"). A copy of the Improvement Plans with original signature and professional stamp of the preparer is in the possession of each of the parties. WITNESSETH, that the Board, for and in consideration of the sum of One Hundred Seventeen Thousand Three Hundred Thirty -Five and 70/100 Dollars ($117,335.70), to the Board in hand paid by the City and the promises and covenants of the City contained herein, and subject to the terms and conditions herein made, does hereby grant, release and QUIT CLAIM to the City of Fort Collins, Colorado, the following real property (the "property"), in the County of Larimer, and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein by this reference, for, and only for, the following use: to construct, maintain, repair, and operate a storm water drainage channel and related facilities in the manner and style as more fully set forth in the Improvement Plans, reserving unto the Board all mineral rights, including the right to extract any minerals, and crossing rights over areas of the property shown in the Improvement Plans. However, any mineral extraction shall be done in accordance with methods and procedures approved by the City and in a manner that does not impair the City's use and operation of the drainage channel. PROVIDED, this Deed is subject to the conditions listed below. If the City shall fail to fulfil any or all of the stated conditions, the City shall be liable for all damages caused by such FA