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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/15/1999 - FIRST READING OF ORDINANCE NO. 106, 1999, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 19 DATE: June 15, 1999 FORT COLLINS CITY COUNCIL STAFF: Sheri Wamhoff t SUBJECT : First Reading of Ordinance No. 106, 1999, Authorizing the Mayor to Execute a Deed Granting a Public Access Easement to Fetco II, LLC. j RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. I EXECUTIVE SUMMARY: This Ordinance authorizes the Mayor to sign a deed granting to Fetco II,LLC an easement on Tract E,Shenandoah P.U.D.,First Filing. The public access easement will allow the Fossil Creek Nursery PUD to have vehicular access off of Strasburg Drive. This access is desirable as the access point for this property is currently off of U.S. Highway 287 (College Avenue) and the access point is subject to being modified to limit turning movements or closure by the State Highway Department. At the time of approval of Fossil Creek Nursery P.U.D. by the Planning and Zoning Board, it was intended that the development would provide vehicular access to the internal street system within Shenandoah P.U.D. once that system was built. An emergency access easement was provided by that development,but a public access easement is desired to clarify the use of the access point. i i I . ORDINANCE NO. 106, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A DEED GRANTING A PUBLIC ACCESS EASEMENT TO FETCO II, LLC WHEREAS,the City of Fort Collins is the owner of real property located in Latimer County, Colorado, known as Tract E, Shenandoah P.U.D. First Filing ("Property"); and WHEREAS, Fetco II, LLC wishes to acquire a public access easement, which easement is more particularly described on Exhibit"A"attached hereto and incorporated by reference,upon and through the property to provide vehicular access to Fossil Creek Nursery PUD, off of Strasburg Drive; 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 disposition of real property owned by the City is in the best interest of the City of Fort Collins; and WHEREAS,the Engineering Department has recommended approval of the granting of the public access easement. . NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance ofthe aforesaid easement upon and through the Property is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute a Deed of Easement conveying a public access easement as more particularly described in Exhibit"A"attached to Fetco II, LLC. Introduced, considered favorably on first reading, and ordered published this 15th day of June, 1999, A.D. and to be presented for final passage on the 6th day of July, 1999, A.D. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of July, 1999, A.D. Mayor ATTEST: City Clerk EXHIBIT "A" . PUBLIC ACCESS EASEMENT THE CITY OF FORT COLLINS,COLORADO,a Municipal Corporation,hereinafter referred to as the "Grantor". for and in consideration of Ten Dollars and other good and valuable consideration,the receipt whereof is hereby acknowledged,does hereby grant and convey unto Fetco II,LLC,hereinafter referred to as the"Grantee",whose address is 7029 South College Avenue,Fort Collins, Colorado, its successors,assigns,lessees,licensees and agents a non-exclusive,perpetual easement for public access as described on Exhibit"A"attached hereto and by this reference made a part hereof. The Grantor hereby reserves unto itself, for public use shared and concurrent with the use authorized and granted herein to the Grantee, the public access easement described in the above paragraph of this Deed of Easement,which public use may include all uses and activities authorized and granted to the Grantee hereby. Grantee shall be responsible for all damages caused to Grantor or Grantor's property arising from the Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold Grantor harmless from any claim, loss or damage, including reasonable attomey's fees, arising out of or in any way associated with Grantee's use of the easement. In addition, the Grantee shall not exercise any rights herein granted that shall interfere,hinder or in any way disrupt the Grantor's use of Grantor's property. The Grantor reserves the right to occupy and use said easement for all purposes not inconsistent with the rights herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed by its Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the_ day of . 1999; and the Grantee has hereunto set their hand and seal the day and year first above written. GRANTOR: CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: . Deputy City Attorney GRANTEE: Fetco II, LLC By: Print Name Print Title STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 1999, by as of Fetco II, LLC. Witness my hand and official seal. My Commission expires: Notary Public 2 EXHIBIT"A„ Sheet 1 of 2 PUBLIC ACCESS EASEMENT SHENANDOAH P.U.D.,FIRST FILING That portion of the East Half of Section 14,Township 6 North, Range 69 West of the 6t°P.M., Larimer County, Colorado, described as follows: Considering the East line of the Northeast Quarter of said Section 14 as bearing South 00° 14' 29" East and with all bearings contained herein relative thereto. Commencing at the Northeast Comer of said Section 14;Thence along the East line of the Northeast Quarter of Section 14 South 00° 14' 29" East, a distance of 1721.85 feet;thence South 88° 36' 09" West, a distance of 650.28 feet to a point on Easterly boundary of SHENANDOAH P.U.D., FIRST FILING,monumented by a#4 rebar with plastic cap, L.S. #17662; thence continuing along the Easterly boundary of SHENANDOAH P.U.D., FIRST FILING the following three (3)courses and distances: 1) South 88' 36 09" West, a distance of 70.12 feet; 2) South 00° 45' 33" West,a distance of 319.82 feet; 3) South 03* 38' 36" West, a distance of 212.40 feet to the True Point of Beginning; thence leaving said Easterly boundary North 86*20' 01" West, a distance of 24.89 feet to a point on the Easterly right-of-way of Strasburg Drive, said point also being a point of cusp on a curve concave to the west having a radius of 327.00 feet and a central angle of 5' 19'42" and being subtended by a chord which bears South 05 037' 57" East 30.40 feet;thence southerly along said curve and said right-of-way,a distance of 30.41 feet;thence leaving said Easterly right-of-way of Strasburg Drive South 86° 20' 01" East, a distance of 19.99 feet to a point on the Easterly boundary of said SHENANDOAH P.U.D.,FIRST FILING,thence Northerly along said Easterly boundary North 03° 39' 59" East, a distance of 13.37 feet; thence North 03° 38' 36" East, a distance of 16.63 feet to the True Point of Beginning. 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