HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/21/2000 - FIRST READING OF ORDINANCE NO. 27, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 12
DATE: March 21, 2000 I
. FORT COLLINS CITY COUNCIL STAFF:
Tom Shoemaker
SUBJECT:
First Reading of Ordinance No. 27, 2000, Authorizing the Conveyance of Temporary
Construction Easement and Non-Exclusive Easement for Storm Drainage for Registry Ridge
P.U.D. in the Colina Mariposa Natural Area.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
"
This Ordinance is to DALCO Land Limited Liability Company DALCO a temporary
>� t5 P y ("DALCO") P azY
access and construction easement on 3.933 acres and a permanent drainage easement on 9.320
acres of land previously donated by DALCO to the City of Fort Collins as part of the Colina
Mariposa Natural Area. The location and design of the easements and associated storm drainage
. facility has been approved by the City of Fort Collins as part of the final review process for the
Registry Ridge P.U.D.
BACKGROUND:
In November 1995, DALCO Land Limited Liability Company ("DALCO"), the developer of the
Registry Ridge P.U.D. donated 31.89 acres of land to the City of Fort Collins. This land is now
part of the 200-acre Colina Mariposa Natural Area located in southwest Fort Collins, in the
southeast quadrant of Trilby Road and Shields Street. At the time of the donation, DALCO
reserved construction and drainage easements that were believed to be sufficient to meet the
needs of its development located west of Shields Street. This was done with mutual agreement
that future modifications to the easements would be accommodated, if necessary, once final
approvals for the development had been granted by the City.
Subsequent to the donation of the land, the City of Fort Collins has increased its local rainfall
standards for the design of storm drainage facilities. As a result, some of the storm drainage
facilities planned for the Registry Ridge P.U.D. needed to be redesigned and increased in size.
This redesign process was completed and reviewed by the City of Fort Collins during the final
approval process for the Registry Ridge P.U.D. This development has subsequently received
final approval and is currently under construction.
DATE: March 21,2000 2 ITEM NUMBER: 12
The proposed ordinance grants temporary and permanent easements needed to accommodate the
approved design of drainage channel and detention facilities located on the natural area. The
development approval requires the construction, restoration, and maintenance of the facilities to
standards that have been approved by the Natural Resources Department and the storm drainage
staff in the Utilities. No financial compensation was requested from the developer because the
property was donated to the City of Fort Collins by the same landowner with the understanding
that easements required for the development were reserved.
• ORDINANCE NO. 27, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TEMPORARY
CONSTRUCTION EASEMENT AND NON-EXCLUSIVE
EASEMENT FOR STORM DRAINAGE FOR REGISTRY RIDGE P.U.D.
IN THE COLINA MARIPOSA NATURAL AREA
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located southeast of the intersection of Trilby Road and Shields Street in southwest Fort Collins,and
known as the Colina Mariposa Natural Area("the Natural Area"); and
WHEREAS,as a result of changes in plans and circumstances since the original approval of
the Registry Ridge P.U.D. (the"P.U.D."),modifications to the size and location of storm drainage
facilities for the P.U.D.have been determined to be desirable by City staff and the developer of the
P.U.D. (the"Developer"); and
WHEREAS,when the Developer donated to the City in 1995 portions of the Natural Area
adjacent to the P.U.D.,the Developer reserved construction and storm drainage easements that were
intended to provide for the development requirements for the P.U.D.,to be modified if necessary to
accommodate changes to the final plans for the P.U.D.; and
. WHEREAS, in order to accomplish the modifications described above, a temporary
construction easement over the 3.933 acres of the Natural Area described on Exhibit "A" (the
"Temporary Construction Easement"), and a permanent storm drainage easement over the 9.320
acres of the Natural Area described on Exhibit `B"(the "Permanent Easement"), both of which
exhibits are attached hereto and incorporated herein by this reference,will be required from the City,
to supplement existing easements that had previously been reserved by the Developer; and
WHEREAS, because future modification of the reserved easements, if necessary, was
anticipated by the City and the Developer as part of the conveyance of the subject property by the
Developer in 1995,staff has recommended that no compensation be required for the conveyance of
the easements as set forth herein; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or other disposition of real property owned by the City is in the best
interest of the City of Fort Collins.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance ofthe Temporary Construction Easement and Permanent
Easement,under the terms and conditions set forth above,are in the best interest of the City of Fort
Collins.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey to the Developer the Temporary Construction Easement and the Permanent
Easement, consistent with the terms and conditions described above.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
March, A.D. 2000, and to be presented for final passage on the 4th day of April, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of April,A.D. 2000.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
• GRANT OF TEMPORARY CONSTRUCTION EASEMENT
The City of Fort Collins,a Colorado municipal corporation,being the owner of certain real
property situate in the County of Larimer, State of Colorado over which the easement herein
conveyed extends by virtue of the deed recorded at reception number 98033428 in the Larimer
County Records, in consideration of Ten Dollars ($10.00) in hand paid, the receipt of which is
hereby acknowledged,and other good and valuable considerations,does hereby transfer and convey
to U.S. Home Corporation, a Delaware Corporation, a temporary construction easement over and
across the property described on Exhibit A attached hereto and by this reference made a part hereof,
for the purpose of constructing storm drainage facilities on the permanent drainage easement
adjacent to this construction easement granted by the City of Fort Collins to DALCO Land Limited
Liability Company by Grant of Easement of even date herewith.
Upon the completion of the storm drainage facilities in the permanent drainage easement and
the acceptance of all such facilities by the City of Fort Collins, the easement herein granted shall
terminate and be of no further effect.
Dated: , 1999 CITY OF FORT COLLINS,
a Colorado Municipal corporation
•
By:
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged to before me by
as of the City of Fort Collins,a Colorado Municipal corporation,
on this day of 1999.
Witness my hand and official seal
My commission expires:
Notary Public
F\WP� CG ASEM S\GMN .EAS
IO2B/94
. . . .. . .. ....__
EXHIBIT
A
(Page 1 of 3)
THE SEAR-BROWK GROUP �-
FUI ,56IMCE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS,COLORADO aD521.2603
970-482-4022 MAXI 970-482-6966
DESCRIPTION: (TEMPORARY ACCESS AND CONSTRUCTION EASEMENT)
An easement located in the West Half of Section 14, Township 6 North, Range 69 West of the 6th
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the West line ofthe Northeast Quarter of Section 14 as bearing South 00°04'32"East
and with all bearings contained herein relative thereto:
Commencing at the Northwest comer of said Section 14; thence along said West line, South
00-04-32" East, 1796.26 feet; thence departing said line,North 89°55'28"East, 50.00 feet to a point
on the East right-of-way line of South Shields Street,said point being the POINT OF BEGINNING;
thence leaving said line, South 89044'55" East, 290.77 feet to a point on a curve concave to the
Southwest having a central angle of 74°12'08", a radius of 225.00 feet and the chord of which bears
South 52°38'51" East, 271.45 feet; thence along the arc of said curve 291.39 feet to a point on a
. reverse curve concave to the Northeast having a central angle of 11°25'51",a radius of 685.00 feet
and the chord of which bears South 21015'43"East, 136A3 feet;thence along the are of said curve
136.66 feet; thence.South 26°5838"East; 7231 feet; thence, South 74148'43"East,95.83 feet more
or less to a point on the Westerly right-of-way line of the Burlington Northern Railroad,said point
being a point on a non-tangent curve concave to the East having a central angle of 04°04'03", a
radius of 7164.19 feet and the chord of which bears South 13°09116"West,508.50 feet;thence along
said Westerly,right-of--way line by the following two (2)courses and distances,along the arc of said
curve 508.59 feet; thence, South 11007'14" West, 828.24 feet; thence departing said line, North
78152'46" West, 107.00 feet more or less; thence,North 11'07'14"East, 928.24 feet to a point on
a curve concave to the East having a central angle of 02°2923", a radius of 7271.19 feet and the
chord of which bears North 12°21'55"East,315.92 feet; thence along the arc of said curve 315.96
feet;thence radial to said curve,North 76°23 23" West,25.00 feet to a point on a non-tangent curve
concave to the East having a central angle of 01°32 26", a radius of 7296.19 feet and the chord of
which bears North 14022'50"East, 196.18 feet;thence along the arc of said curve 196.19 feet;thence
along a non-tangent line, North 26658'38" West, $1.55 feet to a point on a curve concave to the
Northeast having a central angle of 11°25'51", a radius of 715.00 feet and the chord of which bears
North 21915'43" West, 142.41 feet;thence along the arc of said curve 142.65 feet to a point on a
reverse curve concave to the Southwest having a central angle of 74°12'08", a radius of 195.00 feet
and the chord of which bears North 52°38'51"West,23526 feet;thence along the arc of said curve
252.54 feet; thence,North 89144'55" West,290.60 feet to a point on said East right-of-way line of
South Shields Street;thence along said East right-of-way line,North 00*04132"West,30.00 feet to
the POINT OF BEGINNING.
. NEW RAD •PENNSUTAII- YOMI
VANIA
COlARA00•UTNI•WTU�ING
STANDARDS IN EXCELLENCE EOUAI OPPORTUNITY EMPLOYL•R
1%
ti
EXHIBIT
A
(Page 2 of 3)
e above described easement contains 3.933 acres more or less and is subject to all easements and
rights-of-way now on record or existing.
871002ac.wpd
9102/99 R.A.N.
M .
SEAR-BROWN
TEMPORARY ACCESS AND CONSTRUCTION EASEMENT
• AN EASEMENT BEING A PART OF THE WEST HALF OF
SECTION 14, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE
6TH PRINCIPAL MERIDIAN. CITY OF FORT COLLINS,
=3of
COUNTY OF LARIMER, STATE OF COLORADO.
iN 8955'28' E P.O.C. I 50.00' /
NORTHWEST CORNER THE EAST R/W
SECTION 14-6-69 P�OB. LINE OF SOUTH /
FND. 3-1/2' ALUM. '`Y i SHIELDS STREET
CAP IN RANGE BOx
LS. 20103 /
g S 89'44'55' E -
------------------ I
WN NOW[ ROIARD OAVE 'aaj IlI1I7 IQ1I rq S 26'59'38' E
r
W 72.31' /
S/74'48'43`rE
W 95.83' /
o 9; /
N 2658'38' IN rpO
' & 51.55' t; /
w N 75'23'23' W
25.00'
"twn r
rIv
. m# i i ADDITIONAL u 3 /.
.. RAW I
c
It S
WEST 1/4 CORNER II
SECTION 14-6-69
FND. 2-1/2' ALUM.
CAP IN RANGE BOX I n a 1
L.S. 17662 z
W I
f � 3
I ' = b
SCALE: ?' - 300'
DATE 9-02-99
P
U
N 7852'46' W "y '
107.00' to I
' W
i I
CURVE TABLE
n CURVE DELTA RADIUS BEARING CHORD LENGTH
o CAI { 3.00 S 1' 271.45 291.39
o CA2 65100 . E 1 .43 136.6
CA3 7164AS S 1 •19' W 50650 506.99
NOTE. NO RECORDED OR EXISTING CA4 7271.19 N 1221'}i5' E 315.92 31195
= EASEMENTS SHOWN HEREON. CA5 m72'zY Tz96.19 N 14 196.16 196.19
• G6 '25' 1' 713.00 N 2195'43' M 142.41 142.65
9-Oa-1999 RAN cs1-1192 an y5op 2aZ
EXHIBIT "B"
. GRANT OF PERMANENT EASEMENT
The City of Fort Collins, Colorado, a Colorado municipal corporation, being the owner of
certain real property situate in Larimer County,Colorado,over which the easement herein conveyed
extends by virtue of the deed recorded at reception number 98033428 in the Larimer County
Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby
acknowledged and other good and valuable consideration does hereby dedicate,transfer,and convey
to DALCO Land Limited Libility Company, a Colorado limited liability company, a permanent
drainage easement over and across the property situate in the City of Fort Collins, County of
Latimer, State of Colorado,more particularly described on Exhibit A, attached hereto and by this
reference made a part hereof.
Dated: , 1999 CITY OF FORT COLLINS, COLORADO,
a Municipal corporation
By:
. STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged to before me by
as of the City of Fort Collins, Colorado, a Municipal corporation, on this_
day of 1999.
I
Witness my hand and official seal
My commission expires:
Notary Public
F\WPCJ.AL0AL 0 SEMNTMPEM-DRA S
lORB/99
EXHIBIT
A
(Page 1 of 2)
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THE SEAR-BROWN-GROUP
FULL-SEIVICE DESIGN PROFESSIONALS
209 SOUTH MFLDRUM
FOrr COLLINS.COLORADO B0321.2603
970-402-gVn FAL 99P417436s 1
DESCRIPTION. (PERMANENT DRAINAGE EASEMENT)
An easement located in the West Half of Section 14,Township 6 North,Range 69 West of the 6th
Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more
particularly described as follows
Considering the West line of the Northeast Quarter of Section 14 as bearing South 00'04'32'East
and with all bearings contained herein relative thereto:
Commencing at the Northwest comer of said Section 14; thence alone said West line, South
00-04-32"East,2641.00 feet to the West Quarter coma of said Section 14; thence departing said
line,North 89'53'08" East,75.00 feet to the POINT OF BEGINNING, said point also being the
Northeast coma of that Drainage and Grading Easement reserved by Dalco Land Limited Liability
Company, in Special Warranty Deed recorded at Reception No. 98033428; thence leaving said
easement,North 4404834"East,206.59 feet;thence,North 56'1730"East,92.86 feet;thence,North
• 73028-10" East, 129.30 feet; thence,North 33°27'29" East, 106.38 feet; thence, North 43020'50"
East,51 A7 fat;thence,North 4925'01"East 117.72 feet,thence,North 88'5834"East,40.06 feet;
thence, South 75'10'14"East,75.87 feet more or less to a point on the Westerly right-of-way line
of the Budmgton Northern Railroad,said point being apomt on a non-tangent curve concave to the
East baying a central angle of 03'4232",a radius of 7164.19 feet and the chord of which beers South
12'S830"West,463.67 feet,thence along said Westerly,right-of-way line by the following two C2)
courses and distances,along the arc of said curve 463.75 feet;thence,South 1100714"West,770.07
feet;thalce departing said line,North 78'52'46"West, 10636 feet;thence,North 27'09'18"West,
234.18 feet;thence,North 24023'14" West, 147.10 feet;thence,North 44'29'29" West, 9227 feet
to the Northeast corner of that parcel described in Book 2005,at page 0038; thence along the North
line of said parcel,North 89°53'22" West, 100.00 feet to a point on the East right-of-way line of
South Shields Street said line being 30.00 feet Fact of the West line of the Southwest Quarter of said
Section 14;thence along said East right-of-way line,North 00°0638"East,44.38 feet to an angle
point on the East Right-of-way line of East Shields Street;thence along said East Right-of-way line,
South 8905372"Fast,20.00 feet to a point on the West line of said Drainage and Grading Easement
reserved by Dalco land Limited Liability Company, in Special Wan arty Deed recorded at
Reception No. 98033428; thence along the West, Southeasterly and Northeasterly lines by the
following three(3)courses and distances, South 0000638"West,021 fect thence,North 74'18'43"
East,207-82 feet;thence,North 33'56'07"West,312.52 feet to the POINT OF BEGINNING.
The above described easement contains 9320 acres more or less and is subject to all easements and
rights-of-way now on record or existing.
SEAR-BKO W N
PERMANENT DRAINAGE EASEMENT
AN EASEMENT BEING A PART OF THE WEST HALF OF
SECTION 14, TOWNSHIP 6 NORTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARWHR STATE OF COLORADO.
! CEEXHIBIlTP.O.C.NORTHWEST CORNER { i 2SECTION 14-6-59
FNO. 3-1/2' ALUM.
CAP It RANGE BOX
L.S. 20103 o
EOM XOIYE IIIWAl10 OINK 891AN O:I -T----`1 . .
N " POINT OF `� S 751014" E !
i w 111� 95.8T /
s, BEGINNING
i o N 4975'01' E��
z I 117.72'
i N 4370'50" E i �-
' 11 51.47' for /
N 3377'29" E
WEST 1/4 CORNER 0 106.3a' /
SECTION 14-6-69 N 7378'*' E I
-FND. 2-1/2 ALUM. 7 129.30'
CAP IN RANGE BOX c rl
L.S. 17662 m
S 89'53'08' E am N 5"173D' E �
75.00'
44-46'34" E
ADDITIONAL „ . `�i 206.59'
RIGHT-OF-WAYo �
5 8933'22" E Ins tp�� 20 A
20.00' $
N DD'06'38" E
44.33' 1 N 7418'43, .
TREE EY/�/'d I
THE EAST R/w 2P7.B;;. 1
SINE OF 5TREE "oaro6` 3
SHIELDS ST 1. 1 1 �/ 1
N 8953'22" W 4
y SCALE. 1' - 300'
100.00' 1 3 30
P DATE 9-02-99
BOOK 2005, Y O m m y 1
PAGE 0038 5gg5]]1
N 4429'29' W I ; ry '
92 Z7' z z
N 78'S2'46' W
10&36, low 1
CURVE TABLE
gI CURVE I DELTA I RADIUS I BEARING CHORD I LENGTH
C u1 I pX4r3r 1 71e4.11 1 s +25Y]o' w 4ea.si 14aa7s I
NOTE: NO RECORDED OR EXISTING EASEMENTS
EXCEPT AS SHOWN HEREON.
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