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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/05/2005 - FIRST READING OF ORDINANCE NO. 074, 2005, AUTHORIZ ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: July5, 2005 FORT COLLINS CITY COUNCIL STAFF: Kathy Valdez SUBJECT First Reading of Ordinance No. 074, 2005, Authorizing the Conveyance of Non-exclusive Easements for the Construction of Home State Bank on the Northwest Corner of Raintree Drive and Shields Street. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Home State Bank will compensate the City of Fort Collins for the easements in the amount of Seventeen Thousand Nine Hundred Eighty-One and 00/100 Dollars, ($17,981.00), described as follows: Drainage Easement: $13,481.00 Cross Access and Emergency Access Easement—No Charge $ - 0 - Temporary Construction Easement for six months: $ 4,500.00 Total: $17,981.00 No charge is being assessed for the access easement because this is the only access available to the Home State Bank property. EXECUTIVE SUMMARY Home State Bank is requesting various easements from the City to facilitate construction of a new bank which will be located on a portion of Tract "F", Raintree Planned Unit Development at the northwest corner of Raintree Drive and Shields Street, adjacent to the Fort Collins Senior Center. In order to complete the project, Home State Bank is asking the City to grant several easements on Senior Center property. The easements requested are: (1) An irregular-shaped drainage easement on a portion of Tract "A" of the Fort Collins Senior Center Planned Unit Development having a total of 2,074 square feet. This will be an underground drainage that will drain into the existing detention pond on the Senior Center property. Staff has reviewed the projected amount of drainage along with the flows and is agreeable to granting this easement. July 5, 2005 -2- Item No. 18 (2) A 24' wide (3,400 SF) Cross Access and Emergency Access Easement across a portion of Tract "A" of the Fort Collins Senior Center Planned Unit Development. This will be shared access with the existing drive on Senior Center property. This is the only access available to the property; therefore, no charge was assessed. Staff has reviewed the potential vehicular impact and is agreeable to granting this easement. (3) A 30' wide (8,648 SF) Temporary Construction Easement for a period of six months on a portion of Tract "A" of the Fort Collins Senior Center Planned Unit Development. This easement will allow Home State Bank permission to be temporarily on City property while constructing the improvements. Home State Bank will pay all costs associated with the construction of the bank and upon completion of the construction project will restore the easement areas to an equivalent or better condition as prior to construction. ORDINANCE NO. 074, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS FOR THE CONSTRUCTION OF HOME STATE BANK ON THE NORTHWEST CORNER OF RAINTREE DRIVE AND SHIELDS STREET WHEREAS, the City of Fort Collins is the owner of certain real property identified as Tract "A" of the Fort Collins Senior Center Planned Unit Development (the "City Property"); and WHEREAS, Home State Bank (the "Bank") is proposing to construct a building adjacent to the City Property, on a portion of Tract "F", Raintree Planned Unit Development (the "Bank Property"); and WHEREAS, in order to provide access to and drainage for the Bank Property, the Bank has requested a drainage easement, a 24-foot wide cross access and emergency access easement and a 30-foot wide temporary construction easement over portions of the City Property as described respectively in Exhibits "A", `B" and "C", attached hereto and incorporated herein by this reference (collectively, the "Easements"); and WHEREAS, the Bank has worked with City staff to coordinate the location of the Easements to minimize interference with the Fort Collins Senior Center; and WHEREAS, in exchange for the grant of the Easements, the Bank has agreed to pay to the City the fair market value of such Easements, which value has been determined to be $17,981.00; 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 of the Drainage Easement, the Cross Access and Emergency Access Easement and the Temporary Construction Easement, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the necessary documents to convey the Easements in a manner consistent with the terms of this Ordinance together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2005, and to be presented for final passage on the 19th day of July, A.D. 2005. Mayor ATTEST: City Clerk Home State Bank Location Map C E o,n�0o C'8n`et RAINTREE DR CENTRE AVE W N 2Fz m Gem oQQ` 00 O < W DRAKE RD N ® Home State Bank Site A EXHIBIT "A" PROPERTY DESCRIPTION Drainage Easement Tract A of Fort Collins Senior Center P.U.D. A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Latimer County, located in the Southeast Quarter (SE1/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West (R.69 W.), Sixth Principal Meridian(61h P.M.), City of Fort Collins, County of Larimer, State of Colorado, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of Tract A of the Fort Collins Senior Center P.U.D. and assuming the East line of said Tract A to bear South 00°02'57" East, a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 286.74 feet with all other bearings herein relative thereto; THENCE South 00°02'57" East along the East line of said Tract A a distance of 36.50 feet to the POINT OF BEGINNING; THENCE South 00°02'57" East continuing,along the East line of said Tract A a distance of 95.34 feet; THENCE South 79°15'17" West a distance of 31.08 feet to the East line of an existing drainage easement dedicated in the Fort Collins Senior Center P.U.D.; THENCE North 00°24'33" East along said existing drainage easement a distance of 20.39 feet; THENCE North 79°15'17" East a distance of 15.50 feet; THENCE North 00002'57" West along a line parallel with the East line of said Tract A a distance of 38.07 feet; THENCE South 89°57'03" West a distance of 14.90 feet to the East line of an existing drainage easement dedicated in the Fort Collins Senior Center P.U.D.; THENCE North 00°24'33" East along said existing drainage easement a distance of 20.00 feet; THENCE North 89°57'03" East a distance of 14.74 feet; THENCE North 00°02'57" West along a line parallel with the East line of said Tract A a distance of 19.78 feet; THENCE North 89057'03" East a distance of 15.14 feet to the East line of said Tract A and the POINT OF BEGINNING; Said parcel of land contains 2,074 sq. ft. or 0.048 acre, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the t of my knowledge and belief. 0 00 A �r 0 5 ., t Steven A. �bf King Surveyors, Inc. Colorado R ssional Land Surveyor#34995 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 MA2004361 B\Legal&Closure\2004361 B TR A DRAINAGE.doe Page I of 1 r EXHIBIT "A-1" Drainage Easement for Tract A of EXHIBIT SOUTHEAST QUARTER OF Fort Collins Senior Center P.U.D. SECTION 22, T.7N., R.69W. POINT OF COMMENCEMENT I ROWDED. REC. 200I055I/9 I I o - - - N N89'57'03"E n I I1 s.1 a' I LO 0 N89'57'03"E o'� BEGINNING NG �P1wG� P� i I 14.74' Z w z 30 15 0 30 I op O� cYesa N o ti, ors u K 1 p N O � 1 30' _ - - - - -1 - - O °' EXISTING 10' "= z UTILITY EASEMENT S89'57'03"W 3� w 14.90' I `"n !n NIP y P V pl N ,(r�e N79'1517"E zI I w ,[ P�>ti0¢ '��4� pS-7931.8 N / z w �0-A EXISTING 20' m r / DRAINAGE o P / EASEMENT U Q / a / m / w N O O O 0 - - - - - - - - - - - - - EXISTING 20' UTILITY EASEMENT - - - 1 - - - - - -_- - - TRACTF tiOi EXISTING 10' UTILITY EASEMENT RAINTREE DRIVE ti 99 j NOTE: This exhibit drawing is not intended to be '% Z a monumented land survey. It's sole purpose is as a graphic representation to aid in the Steven --ON�lk I of King Surveyors, Inc. visualization of the written property description Colorado bef`PrhAdssional which it accompanies. The written property Land Surveyor-134995 description supercedes the exhibit drawing. LYING SURY�'YORS, INC. PROJECT NO:2004361 B DATE: 5-31 —05 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:NORTHSTAR PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2004361 B—EXH WWW.KINGSURVEYORS.COM DRAWN: CSK CHECKED: SAL EXHIBIT "B I PROPERTY DESCRIPTION Cross Access and Emergency Access Easement Tract A of Fort Collins Senior Center P.U.D. A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Larimer County, located in the Southeast Quarter (SE1/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (6`h P.M.), City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: COMMENCING at the Southeast Corner of Tract A of the Fort Collins Senior Center P.U.D. and assuming the East line of said Tract A to bear North 00°02'57" West, a grid bearing of the Colorado State Plane Coordinate System,North Zone, North American Datum 1983/92, a distance of 286.74 feet with all other bearings herein relative thereto; THENCE North 00002'57" West along the East line of said Tract A a distance of 29.08 feet to the POINT OF BEGINNING; THENCE North 89041'57" West a distance of 47.91 feet; THENCE South 55°51'07" West a distance of45.83 feet; THENCE South 22°29'50" East a distance of 21.21 feet to the Northerly Right of Way (ROW) line of Raintree Drive and the Beginning Point of a Curve, said curve being non-tangent to the aforesaid course; THENCE Southwesterly along the arc of a curve concave to the Southeast a distance of 24.01 feet, said curve has a Radius of 274.00 feet, a Delta of 05e01'13" and is subtended by a Chord bearing South 67°32'21" West a distance of 24.00 feet to a point of departure from said ROW line; THENCE North 22°29'50" West a distance of 40.75 feet; THENCE North 55e5 P07" East a distance of 72.83 feet; THENCE South 89°41'57" East a distance of 55.20 feet to the East line of said Tract A; THENCE South 00°02'57" East along the East line of said Tract A a distance of 24.00 feet to the POINT OF BEGINNING; Said parcel of land contains 3,400 sq. ft. or 0.078 acre, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. 1)o REG Steven A. �on be 1£,xlf' ing Surveyors, Inc. Colorado ,e 'rat .sd�ljFofe$si�inal Land Surveyor#34995 " KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 M:\2004361B\Legal&Closure\2004361 B TR A ACCESS.doe Page 1 of 1 EXHIBIT "B-1" Cross Access & Emergency FvT rIBIrr SOUTHEAST QUARTER OF Access Easement 1 1 SECTION 22, T.7N., R.69W. I I ROWDED. REC. 200105S119 I I - - - o I I Z m � I gPtiti ��h9 � I o CW a I pP _ m F `� h 0� 10' UTILITY H w o g w I EASEMENT w -- V) $ C I W q I s I j N J N z 0 L) o / / N N /% / v /EXIS/TING 20' 3 DRAINAGE EASEMENT N o / / o z / 30 15 0 30 / S89'41'57"E 55.20 NOTE: This exhibit drawing is not :0e 0.078 acres es 0 9 / 0.078acres v intended to be a monumented land — — — — — _ — -F, / T — —N survey. It's sole purpose is as a ,�0�� _ N89'41 57 W _ graphic representation to aid in the visualization of the written property EXISTING �j/ / 47.91' P P Y 20' UTILITY description which it accompanies. EASEMENT / ,�0�/ � The written property description Sg`%y0- — — _ — — — — — — —0 jupercedes the exhibit drawing. TRACTF RR AJVT a EXISTING 10' 2 UTILITY EASEMENT Steven A. Lund — on behal ':?,a _. is ig C' ors, Inc. Colorado Registered Professions.... _ `' Land Surveyor #34995 A.ZVO S6rivVEYORS; INC. PROJECT NO:2004361 B DATE: 5-31-05 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT: NORTHSTAR PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2004361 B-EXH WWW.KINGSURVEYORS.COM DRAWN: CSK CHECKED: SAL EXHIBIT "C" PROPERTY DESCRIPTION Temporary Construction Easement Tract A of Fort Collins Senior Center P.U.D. A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Larimer County, located in the Southeast Quarter (SE1/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (61h P.M.), City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: The Easterly Thirty (30.00) feet of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Larimer County. Said parcel of land contains 8,648 sq. ft. or 0.199 acre, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct tt of my knowledge and belief. Steven A of King Surveyors,Inc. Colorado Regi e iofessional Land Surveyor#34995 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 M:\2004361B\Legal&Closure\2004361B TR A TEMP CONST.doc Page I of 1 EXHIBIT 11C-1" Temporary Construction Easement for EXHIBIT SOUTHEAST QUARTER OF Tract A of Fort Collins Senior Center P.U.D. SECTION 22, T.7N., R.69W. S89'35'27"E 30.00' ROWDED RFC. 200105-1-/19 I I - - - I Ila M to Co _ 0 w j L - - - - - J w ~ I I 10' UTILITY m Q ^ CJ I EASEMENT W - �, o � 0 Zo V wLLI g w (n o fll w I 8,648 sq.ft. (J I 0.199 acres 8 y � 0 C9 N Z o ° J Io to Co J N ^ D U N o o �o. PSG i z u gY / EXISTING 20' OP� / DRAINAGE / EASEMENT / I / I I I I I 30 15 0 30 I 1 30' NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose — — — — — — — — — is as a graphic representation to aid in the t visualization of the written property description EXISTING 20' I which it accompanies. The written property UTILITY EASEMENT I description supercedes the exhibit drawing. C1 TRACTF i EXISTING 10' UTILITY EASEMENI RAINTREE DRIVE Steven A. Lun " pn behalf :..ift.' Surveyors, Inc. Colorado Regis !s 'Professional` ' Land Surveyor �, 5 A11V0 AFb9?VZY0RS, INC. PROJECT N0:2004361 B DAT9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 ENORTHSTAR 05 PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2CLIENT: 43613—E WWW.KINGSURVEYORS.COM DRAWN: SK CHECKED: DRAWN: CSK CHECKED: SAL