Attachment A_Planning Board Disposition

Special Meeting, October 23, 2025 · item 3B: Consideration of a Site Review and Use Review to redevelop approximately 7.96 acres of an existing 9.86-acre site at 2952 Baseline Rd. with … · 10 pages

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CITY OF BOULDER PLANNING BOARD NOTICE OF DISPOSITION You are hereby advised that on September 30, 2025 the following action was taken by the Planning Board based on the standards and criteria of the Land Use Code as set forth in Chapter 9-2, B.R.C.1981, as applied to the proposed development. DECISION: PROJECT NAME: DESCRIPTION:

LOCATION: LEGAL DESCRIPTION: APPLICANT: OWNERS: APPLICATION: ZONING: CASE MANAGER: VESTED PROPERTY RIGHT:

APPROVED WITH CONDITIONS 2952 BASELINE RD Site Review and Use Review to redevelop approximately 7.96 acres of an existing 9.86-acre site at 2952 Baseline Rd. with five new buildings containing a total of 427 new dwelling units and 58,365 square feet of commercial space, including a Height Modification to allow for buildings to reach up to 55 feet in height. 2952 Baseline Rd. See Exhibit A Bill Holicky, Coburn Development Petur Williams George Williams Limited Liability Limited Partnership Site Review, LUR2024-00071 and Use Review, LUR2024-00072 Business – Community 2 (BC-2) Chandler Van Schaack Yes, the owner has requested the opportunity to create such right under Section 9-2-20, B.R.C. 1981.

APPROVED MODIFICATIONS FROM THE LAND USE REGULATIONS: • •

•

Section 9-7-1, Schedule of Form and Bulk Standards: Building Height, to permit buildings to be up to 55 feet in height. Section 9-7-1, Schedule of Form and Bulk Standards: Setbacks, to allow for 8-foot rear setbacks where 20 feet is otherwise required; 8-foot interior side yard setbacks where 12 feet is otherwise required; 10-foot front yard setbacks where 20 feet is otherwise required; and 10-foot sideyard setbacks adjacent to a street where 15 feet is otherwise required. Section 9-8-1, Intensity Standards, Floor Area Ratio Standards, to permit the averaging of floor area across multiple lots that are subject to the site review and within the same zoning district.

FOR CONDITIONS OF APPROVAL SEE THE FOLLOWING PAGES OF THIS DISPOSITION. This decision may be called up by the City Council on or before October 30, 2025. If no call-up occurs, the decision is deemed final on October 31, 2025. FOR A BUILDING PERMIT APPLICATION TO BE PROCESSED FOR THIS PROJECT, A SIGNED DEVELOPMENT AGREEMENT AND SIGNED FINAL PLANS MUST BE SUBMITTED TO THE PLANNING DEPARTMENT WITH DISPOSITION CONDITIONS AS APPROVED SHOWN ON THE FINAL PLANS. IF THE DEVELOPMENT AGREEMENT IS NOT SIGNED WITHIN NINETY (90) DAYS OF THE FINAL DECISION DATE, THE APPROVAL AUTOMATICALLY EXPIRES. Pursuant to Section 9-2-12 of the Land Use Code (B.R.C. 1981), the Applicant must obtain applicable building permit approvals and start construction within three years from the date of final approval or in compliance with the phasing plan if one was approved. Failure to comply with the three year rule or approved phasing plan may cause this development approval to expire. At its public hearing on September 30, 2025, the Planning Board approved the request with the following motion: On a motion by C. Hanson Thiem, seconded by K. Nordback, the board voted 6-1 (J. Boone dissenting) to approve Site Review application #LUR2024-00071 and Use Review application #LUR2024-00072 with conditions as recommended by staff, adopting the staff memorandum as findings of fact, including the attached analysis of review criteria and as amended by the Planning Board:

(1) On a motion by L. Kaplan, seconded by ml Robles, the board voted 5-2 (K. Nordback and C. Hanson Thiem dissenting) that to meet the open space needs of residents and visitors to the site, applicant shall add an active, outdoor ground-level programmatic element to the site such as a playground, play area, dog park, or community garden, to the satisfaction of staff at the time of Tec Doc. Motion passed. (2) On a motion by M. McIntyre, seconded by M. Roberts, the board voted 7-0 that an additional fifteen percent of required bike parking spaces over and above the five percent electric bicycle charging spaces required in Section 9-9-6(e)(4)(G), B.R.C. 1981, shall be electrified. These additional spaces shall not be subject to the 3 feet by 10 feet size requirement. This condition will be met to the satisfaction of staff at the time of Tec Doc. Motion passed.

LUR2024-00071 CONDITIONS OF APPROVAL 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on August 27, 2025, the Transportation Demand Management (“TDM”) Plan dated August 26, 2025, and the Parking Management Plan dated August 26, 2025, all on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. 2. Upon the execution of development agreement required by section 9-2-9, B.R.C., 1981, this approval supersedes the conditions of approval contained in the Notice of Disposition for the Williams Brothers Parking Lot for Dark Horse (P-75-21). 3. At the time of submittal for any building permit application in Phase 2, this approval supersedes the conditions of approval contained in the Notices of Disposition for the Williams Village Shopping Center (no PUD#), Sheraton Motor Inn PUD (P-72-24), and Affiliated First National Bank (P-81-37). 4. Prior to a building permit application for Phase 1, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items related to Phase 1: a. Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval and compatibility with the surrounding area. The architectural intent shown on the plans prepared by the Applicant on August 27, 2025 is acceptable. Planning staff will review plans to ensure that the architectural intent is performed. b. A final site plan which includes detailed floor plans and section drawings. Said final site plan shall include an active, outdoor ground-level programmatic element to the site such as a playground, play area, dog park, or community garden, and shall include an additional 15 percent of required electric bike parking spaces over and above the 5 percent electric bicycle charging spaces required in Section 9-9-6(e)(4)(G), B.R.C. 1981. These additional spaces shall not be subject to the 3 feet by 10 feet size requirement. c.

A final utility plan meeting the City of Boulder Design and Construction Standards.

d. A final storm water report and plan meeting the City of Boulder Design and Construction Standards. e. Final transportation plans meeting the City of Boulder Design and Construction Standards, for all transportation improvements. These plans must include, but are not limited to: street plan and profile drawings, street cross-sectional drawings, signage and striping plans in conformance with Manual on Uniform Traffic Control Devices (MUTCD) standards, transportation detail drawings, geotechnical soils report, and pavement analysis. f.

requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester. g. A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with section 9-9-16, B.R.C.1981. h. A detailed shadow analysis to ensure compliance with the City's solar access requirements of section 9-9-17, B.R.C. 1981. i.

An address plat following the city’s addressing policy to create a new address.

5. Prior to approval of the Technical Document Review application for Phase 1, the Applicant shall obtain a Floodplain Development Permit. 6. Prior to a building permit application for Phase 1, the Applicant shall submit for and receive approval of a Land Use Review application for a Preliminary Plat and a Technical Document Review application for a Final Plat, and execute a subdivision agreement meeting the requirements of Chapter 9-12, “Subdivision,” B.R.C. 1981, for Williams Village Subdivision Phase 1, and which provide, without limitation and at no cost to the City, for the following, unless otherwise approved by the City Manager: a. The dedication, to the City, of all rights-of-way and easements shown on the approved Phase 1 plans or necessary to serve the development. b. The vacation of all easements where vacation is necessary for construction of the development. c.

A financial guarantee, in a form acceptable to the City Manager, in an amount equal to the cost of constructing all public improvements necessary to serve the Phase 1 of the development.

d. The construction of all public improvements necessary to serve Phase 1 of the development, including but not limited to those Phase 1 improvements shown on the approved Engineering Plans. 7. Prior to issuance of any building permit in each phase, the Applicant shall submit a financial guarantee, in a form acceptable to the Director of Public Works, in an amount equal to the following: 1) the cost of providing eco-passes to the residents of the applicable buildings for three years after the issuance of a certificate of occupancy for each dwelling unit as proposed in the Applicant’s Transportation Demand Management (TDM) plan; and 2) the cost of providing eco-passes to the employees of the applicable buildings for three years after the issuance of a certificate of occupancy. 8. Prior to issuance of any building permit in each phase, the Applicant shall submit a financial guarantee, in a form acceptable to the Director of Public Works, in an amount equal to the cost of providing for the Alternative Transportation Subsidy Fund as proposed in the TDM Plan. 9. Prior to the issuance of a certificate of occupancy for each building, the Applicant shall provide written certification that the sound abatement and attenuation measures to achieve an interior day-night average noise level of no more than forty-five decibels were incorporated in the construction and site design as recommended by a professional engineer. 10. Prior to issuance of a building permit for Building B, the Applicant shall demonstrate that the building has either a net site energy usage index (EUI) of zero or is designed to achieve a net site EUI that is 10 percent lower than required under the City of Boulder Energy Conservation Code. 11. Prior to a building permit application for Phase 2, the Applicant shall submit, and obtain City Manager approval of, a Technical Document Review application for the following items related to Phase 2: a. Final architectural plans, including material samples and colors, to ensure compliance with the intent of this approval and compatibility with the surrounding area. The architectural intent shown on the plans prepared by the Applicant on August 27, 2025 is acceptable. Planning staff will review plans to ensure that the architectural intent is performed.

b. A final site plan which includes detailed floor plans and section drawings. c.

A final utility plan meeting the City of Boulder Design and Construction Standards.

A detailed landscape plan, including size, quantity, and type of plants existing and proposed; type and quality of non-living landscaping materials; any site grading proposed; and any irrigation system proposed, to ensure compliance with this approval and the City's landscaping requirements. Removal of trees must receive prior approval of the Planning Department. Removal of any tree in City right of way must also receive prior approval of the City Forester.

g. A detailed outdoor lighting plan showing location, size, and intensity of illumination units, indicating compliance with section 9-9-16, B.R.C.1981. h. A detailed shadow analysis to ensure compliance with the City's solar access requirements of section 9-9-17, B.R.C. 1981. i.

An address plat following the city’s addressing policy to create a new address.

12. Prior to approval of the Technical Document Review application for Phase 2, the Applicant must obtain a Conditional Letter of Map Revisions (CLOMR) from Federal Emergency Management Agency (FEMA). 13. Prior to approval of the final plat for Williams Village Subdivision Phase 2, a Land Use Review application shall be submitted, and approval obtained, for the vacation by ordinance adopted by City Council, for applicable easements and right-of-way, including but not limited to the following: a. A Sidewalk Easement dedicated to the City of Boulder and which was recorded in the records of the Boulder County Clerk and Recorder at Film 632, Reception No. (9)0876114 on August 15, 1968; and b. A Sidewalk Easement dedicated to the City of Boulder and which was recorded in the records of the Boulder County Clerk and Recorder at Film 810, Reception No. 00058441 on March 16, 1973; and c.

A portion of right-of-way generally known as “30th Street Extension” dedicated to the City of Boulder and which was a portion of the parcel described in the Grant of Easement and Right of Way recorded in the records of the Boulder County Clerk and Recorder at Book 1195, Page 548 on August 23, 1962 and is located between 555 30th Street on the west and a small triangular parcel to the east.

14. Prior to the approval of the final plat for Williams Village Subdivision Phase 2, the applicable private easements will be extinguished. 15. Prior to a building permit application for Phase 2, the Applicant shall submit for and receive approval of a Land Use Review application for a Preliminary Plat and a Technical Document Review application for a Final Plat, and execute a subdivision agreement meeting the requirements of Chapter 9-12, “Subdivision,” B.R.C. 1981, for Williams Village Subdivision Phase 2, and which provide, without limitation and at no cost to the City, for the following, unless otherwise approved by the City Manager:

a. The dedication, to the City, of all rights-of-way and easements shown on the approved plans or necessary to serve the development. b. The vacation of all easements where vacation is necessary for construction of the development. c.

A financial guarantee, in a form acceptable to the City Manager, in an amount equal to the cost of constructing all public improvements necessary to serve Phase 2 of the development.

d. The construction of all public improvements necessary to serve Phase 2 of the development, including but not limited to those Phase 2 improvements shown on the approved Engineering Plans. 16. Prior to certificate of occupancy for any building in Phase 2, the Applicant must obtain a Letter of Map Revision (LOMR) from FEMA. 17. Concurrent with building permit applications for Buildings B and E, if they are requesting height modifications, in Phase 2, the Applicant shall pay an increased affordable housing impact fee of 1.43 above the base amount for the non-residential floor areas. 18. The Applicant shall be responsible for maintaining all stormwater quality improvements and stormwater detention improvements, including but not limited to permeable parking lot paving. 19. Pursuant to Subsection 9-2-12(a), “Three Year Rule,” B.R.C. 1981, the following development/phasing plan is approved: a. Phase 1, as shown on the approved Architectural Plans and described below, shall commence at the date of this approval. The Applicant shall obtain the applicable building permits and start construction within three years from the date of approval. Phase 1 shall expire three years from the date of approval. i. Prior to approval of the final plat for Williams Village Subdivision Phase 1, demolition of the structure located at 2922 Baseline Road will be completed. ii. Prior to approval of the final plat for Williams Village Subdivision Phase 1, extinguishment of any applicable private access easements will be completed. iii. The Williams Village Subdivision Phase 1 platting process will be completed, including, but not limited to, the following: A. The dedication, to the City, of all rights-of-way and easements shown on the approved Phase 1 plans or necessary to serve the development. B. The vacation of all easements where vacation is necessary for construction of the development. C. A financial guarantee, in a form acceptable to the City Manager, in an amount equal to the cost of constructing all public improvements necessary to serve Phase 1 of the development. D. The construction of all public improvements necessary to serve Phase 1 of the development, including but not limited to those Phase 1 improvements shown on the approved Engineering Plans. iv. Construction of Building E as shown on the approved Architectural Plans for Phase 1. b. Phase 2, as shown on the approved Architectural Plans and described below, shall commence no later than at the time of expiration of Phase 1 and expires three years thereafter.

i. Prior to approval of the final plat for Williams Village Subdivision Phase 2, demolition of the structure consisting of 2950-2954 Baseline Road and 671-685 30th Street will be completed. ii. Prior to approval of the final plat for Williams Village Subdivision Phase 2, a Land Use Review application shall be submitted, and approval obtained, for the vacation by ordinance adopted by City Council, for applicable easements and right-of-way, including but not limited to the following: A. a Sidewalk Easement dedicated to the City of Boulder and which was recorded in the records of the Boulder County Clerk and Recorder at Film 632, Reception No. (9)0876114 on August 15, 1968; and B. A Sidewalk Easement dedicated to the City of Boulder and which was recorded in the records of the Boulder County Clerk and Recorder at Film 810, Reception No. 00058444 on March 16, 1973; and C. A portion of right-of-way generally known as “30th Street Extension” dedicated to the City of Boulder and which was a portion of the parcel described in the Grant of Easement and Right of Way recorded in the records of the Boulder County Clerk and Recorder at Book 1195, Page 548 on August 23, 1962 and is located between 555 30th Street on the west and a small triangular parcel to the east. iii. Prior to the approval of the final plat for Williams Village Subdivision Phase 2, extinguishment of applicable private easements will be completed. iv. The Williams Village Subdivision Phase 2 platting process will be completed, including, but not limited to, the following: A. The dedication, to the City, of all rights-of-way and easements shown on the approved plans or necessary to serve the development. B. The vacation of all easements where vacation is necessary for construction of the development. C. A financial guarantee, in a form acceptable to the City Manager, in an amount equal to the cost of constructing all public improvements necessary to serve Phase 2 of the development. D. The construction of all public improvements necessary to serve Phase 2 of the development, including but not limited to those Phase 2 improvements shown on the approved Engineering Plans. v. Construction of Buildings A – D as shown on the approved Architectural Plans for Phase.

LUR2024-00072 CONDITIONS OF APPROVAL 1. The Applicant shall ensure that the development shall be in compliance with all plans prepared by the Applicant on August 27, 2025 on file in the City of Boulder Planning Department, except to the extent that the development may be modified by the conditions of this approval. 2. The Applicant shall not expand or modify the approved ground floor residential use, except pursuant to Subsection 9-2-15(i), B.R.C. 1981. 3. At the time of submittal for any building permit application in Phase 2, this approval supersedes the conditions of approval contained in the Notice of Disposition for Amoco Oil Company addition (SR-78-24), Amoco Oil Company remodel (SR-83-39), and Sprouts Farmers Market expansion (Development Agreement recorded at Rec. No. 03014603 on July 9, 2009).

Approved on: September 30, 2025 By: Brad Mueller, Secretary of the Planning Board

EXHIBIT A LEGAL DESCRIPTION A tract of land located in the North ½ of the Northwest ¼ of Section 5, Township 1 South, Range 70 West of the 6th Principal Meridian, County of Boulder, State of Colorado, described as follows; Commencing at the South ¼ corner of Section 32, Township 1 North, Range 70 West of the 6th Principal Meridian; Thence North 89 Degrees 58 Minutes 50 Seconds West, 17.00 feet along the North line of the Northwest ¼ of said Section 5; Thence South 00 Degrees 02 Minutes 30 Seconds East, 95.00 feet to the South line of that tract of land conveyed to the City of Boulder as described in instrument recorded in Book 1195 at Page 550 of the records of Boulder County, Colorado and the True Point of Beginning; Thence South 89 Degrees 58 Minutes 50 Seconds East, 16.95 feet along the South line of that tract of land as described in said Book 1195 at Page 550; Thence North 89 Degrees 57 Minutes 30 Seconds East 133.05 feet along the South line of that tract of land as described in said Book 1195 at Page 550 to the Westerly line of that tract of land conveyed to the City of Boulder as described in instrument recorded in Book 1195 at Page 548 of the records of Boulder County, Colorado; Thence South 00 Degrees 02 Minutes 30 Seconds East, 542.57 feet along the Westerly line of that tract of land as described in said Book 1195 at Page 548 to a point of curve to the right; Thence Southwesterly, 153.24 feet along the Westerly line of that tract of land as described in said Book 1195 at Page 548 and along the arc of said curve to a point tangent, said arc having a radius of 236.80 feet, a Delta angle of 37 Degrees 04 Minutes 40 Seconds and being subtended by a chord that bears South 18 Degrees 29 Minutes 50 Seconds West, 150.58 feet; Thence South 37 Degrees 02 Minutes 10 Seconds West, 126.50 feet along the Westerly line of that Tract of land as described in said Book 1195 at Page 548 to the Northeasterly Right-of-Way line of U.S. Highway No. 36; Thence North 52 Degrees 57 Minutes 50 Seconds West, 879.77 feet along the northeasterly Right-of-Way line of said U.S. Highway No. 36 to a point of curve to the right; Thence Northwesterly, 246.95 feet along the arc of said curve to the right and along the Northeasterly Right-of-Way line of said U.S. Highway No. 36 to the most Easterly line of that tract of land conveyed to the Department of Highways, State of Colorado, as described in instrument recorded in Book 1256 at Page 138 of the records of Boulder county, Colorado, said arc having a radius of 1332.50 feet, a central angle of 10 Degrees 37 Minutes 07 Seconds and being subtended by a chord that bears North 47 Degrees 39 Minutes 16 Seconds West, 246.60 feet; Thence North 00 Degrees 01 Minutes 10 Seconds East, 30.84 feet along the most Easterly line of said tract of land as described in instrument recorded in Book 1256 at Page 138 to the Southwesterly line of that tract of land conveyed to the Department of Highways, State of Colorado as described in instrument recorded in Book 1271 at Page 274 of the records of Boulder County, Colorado; Thence Southeasterly, 62.80 feet along the arc of a curve concave to the Northeast to the Southernmost corner of that tract of land as described in instrument recorded in Book 1183 at Page 51 of the records of Boulder County, Colorado, said arc having a radius of 1312.50 feet, a central angle of 02 Degrees 44 Minutes 29 Seconds and being subtended by a chord that bears South 42 Degrees 42 Minutes 41 Seconds East, 62.79 feet; Thence South 89 Degrees 58 Minutes 50 Seconds East, 306.61 feet along the South line of that tract of land as described in said Book 1183 at Page 51 to the Southeast corner thereof; Thence North 00 Degrees 01 Minutes 10 Seconds East, 144.91 feet along the East line of that tract of land as described in said Book 1183 at Page 51 to the Southwest corner of that tract of land as described in instrument recorded on Film 591 as Reception No. 836316 of the record of Boulder County, Colorado; Then South 84 Degrees 35 Minutes 20 Seconds East, 20.09 feet along the Southerly line of that tract of land as described on said Film 591 as Reception No. 836316 to the West line of that tract of land as described in Warranty Deed recorded in Book 1151 at Page 190 of the records of Boulder County, Colorado; Thence South 00 Degrees 01 Minutes 10 Seconds West, 0.29 feet along the West line of that tract of land as described in said Book 1151 at Page 190 to the Northwest corner of that portion of Baseline Road as vacated in Ordinance No. 3378 recorded on Film 634 as Reception No. 877842 of the records of Boulder County, Colorado; Thence South 84 Degrees 57 Minutes 30 Seconds East, 14.99 feet along the Northerly line of that portion of Baseline Road as described on said Film 634 as Reception No. 877842 to a point of curve to the right; Thence Easterly, 8.82 feet along the Northerly line of that portion of Baseline Road as described on said Film 634 as Reception No. 877842 and along the arc of said curve to a point of reverse curve, said arc having a radius of 31.85 feet, a Delta angle of 15 Degrees 52 Minutes 30 Seconds and being subtended by a Chord that bears South 77 Degrees 01 Minutes 15 Seconds East, 8.80 feet; Thence Easterly 90.14 feet along the Northerly line of that portion of Baseline Road

as described on said Film 634 as Reception No. 877842 and along the arc of said curve to a point tangent, said arc having a radius of 325.90 feet, a Delta angle of 15 Degrees 50 Minutes 50 Seconds and being subtended by a chord that bears South 77 Degrees 00 Minutes 25 Seconds East, 89.85 feet; Thence South 84 Degrees 55 Minutes 50 Minutes East, 49.01 feet along the Northerly line of that portion of Baseline Road as described on said Film 634 as Reception No. 877842; Thence South 85 Degrees 33 Minutes 15 Seconds East, 50.16 feet along the Northerly line of that portion of Baseline Road as described on said Film 634 as Reception No. 877842 to a point of curve to the left; Thence Easterly 101.23 feet along the Northerly line of that portion of Baseline Road as described on said Film 634 as Reception No. 877842 and along the arc of said curve to the South line of that tract of land as described in said Book 1195 at Page 550, said arc having a radius of 2001.50 feet, a Delta angle of 02 Degrees 53 Minutes 52 Seconds and being subtended by a chord that bears South 87 Degrees 00 Minutes 11 Seconds East, 101.22 feet; Thence South 89 Degrees 58 Minutes 50 Seconds East, 177.89 feet along the South line of that tract of land as described in said Book 1195 at Page 550 to the True Point of Beginning; TOGETHER WITH: A Tract of land located in the North ½ of the Northwest ¼ of Section 5, Township 1 South, Range 70 West of the 6th Principal Meridian, County of Boulder, State of Colorado, described as follows; Commencing at the South ¼ corner of said Section 32, Township 1 North, Range 70 West of the 6th Principal Meridian, thence North 89 degrees 58 Minutes 50 Seconds West, 17.00 feet along the North line of the Northwest ¼ of said Section 5; Thence South 00 Degrees 02 Minutes 30 Seconds East, 95.00 feet to the South line of that tract of land conveyed to the City of Boulder as described in instrument recorded in Book 1195 at Page 550 of the records of Boulder County, Colorado; Thence South 89 Degrees 58 Minutes 50 Seconds East, 16.95 feet along the South line of that tract of land as described in said Book 1195 at Page 550; Thence North 89 Degrees 57 Minutes 30 Seconds East, 133.05 feet along the South line of that tract of land as described in said Book 1195 at Page 550 to the Westerly line of that tract of land conveyed to the City of Boulder as described in instrument recorded in Book 1195 at Page 548 of the records of Boulder County, Colorado; Thence South 00 Degrees 02 Minutes 30 Seconds East, 542.57 feet along the Westerly line of that tract of land as described in said Book 1195 at Page 548 to a point of curve to the right; Thence Southwesterly, 153.24 feet along the Westerly line of that tract of land as described in said Book 1195 at Page 548 and along the arc of said curve to a point tangent, said arc having a radius of 236.80 feet, a delta angle of 37 Degrees 04 Minutes 40 Seconds and being subtended by a chord that bears South 18 Degrees 29 Minutes 50 Seconds West, 150.58 feet; Thence South 37 Degrees 02 Minutes 10 Seconds West, 126.50 feet along the Westerly line of that tract of land as described in said Book 1195 at Page 548 to the Northeasterly Right-of-Way line of U.S. Highway No. 36; Thence South 52 Degrees 57 Minutes 50 Seconds East, 60.00 feet along the Northeasterly Right-of-Way line of said U.S. Highway No. 36 and the True Point of Beginning; Thence continuing South 52 Degrees 57 Minutes 50 Seconds East, 254.19 feet along the Northeasterly Right-of-Way line of said U.S. Highway No. 36 to the Southwesterly line of that tract of land conveyed to the City of Boulder as described in instrument recorded in Book 1195 at Page 548 of the records of Boulder County, Colorado; Thence Northwesterly, 294.29 feet along the arc of a curve concave to the Northeast and along the Southwesterly line of that tract of land as described in said Book 1195 at Page 548, said arc having a radius of 318.61 feet, a central angle of 52 Degrees 55 Minutes 18 Seconds and being subtended by a chord that bears North 26 Degrees 30 Minutes 09 Seconds West, 283.95 feet; Thence South 37 Degrees 02 Minutes 10 Seconds West, 126.52 feet along the Easterly line of that tract of land as described in said Book 1195 at Page 548 to the True Point of Beginning. EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A tract of land located in the North ½ of the Northwest ¼ of Section 5, Township 1 South, Range 70 West of the 6th Principal Meridian, County of Boulder, State of Colorado, described as follows; Commencing at the Northwest corner of said Section 5, thence South 89 Degrees 58 Minutes 50 Seconds East, 1320.00 feet along the North line of said Section 5, to the Northwest corner of that tract of land conveyed to Everett Williams and George C Williams as described in Warranty Deed recorded in Book 1151 at Page 190 of the records of Boulder County, Colorado; Thence continuing South 89 Degrees 58 Minutes 50 Seconds East, 5.00 feet along the North line of said Section 5; Thence South 00 Degrees 01 Minutes 10 Seconds West, 58.54 feet to the Northerly line of that portion of Baseline Road as vacated by Ordinance No. 3378 recorded on Film 634 as Reception No. 877842 of the records of Boulder County, Colorado and the True Point of Beginning; Thence continuing South 00 Degrees 01 Minutes 10 Seconds West, 236.46 feet; Thence South 89 Degrees 58 Minutes 50 Seconds East, 155.00 feet; Thence North 00 Degrees 01 Minutes 10 Seconds East, 209.12 feet to the Northerly line of said vacated Baseline Road; The following courses and distances are along the Northerly line of said vacated Baseline Road; Thence North 85 Degrees 33 Minutes 15 Seconds West, 0.12 feet; Thence North 84 Degrees 55 Minutes 50 Seconds West, 49.01 feet to a

point of curve to the right; Thence Northwesterly, 90.14 feet along the arc of said curve to a point of reverse curve, said arc having a radius of 325.90 feet, a central angle of 15 Degrees 50 Minutes 50 Seconds and being subtended by a chord that bears North 77 Degrees 00 Minutes 25 Seconds West, 89.85 feet; Thence Northwesterly, 8.82 feet along the arc of said reverse curve to a point tangent, said arc having a radius of 31.85 feet, a central angle of 15 Degrees 52 Minutes 30 Seconds and being subtended by a chord that bears North 77 Degrees 01 Minutes 15 Seconds West, 8.80 feet; Thence North 84 Degrees 57 Minutes 30 Seconds West, 9.97 feet to the True Point of Beginning. Also excepting those buildings, structures, together with all improvements and appurtenances thereto, as granted to D & S Properties, a Colorado General Partnership, by Deed recorded July 10, 1985 at Reception No. 00699221.