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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/15/2005 - FIRST READING OF ORDINANCE NO. 147, 2005, AUTHORIZ ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: November15, 2005 FORT COLLINS CITY COUNCIL STAFF: Lindsey Kuntz SUBJECT First Reading of Ordinance No. 147, 2005, Authorizing the Grant of a Temporary Construction Easement and an Access Easement from the City of Fort Collins, Colorado, to Spring Creek Ranch, LLC. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The total amount of consideration to be paid to the City for these easements is $500.00. This will include the cost of the easements, processing, and administration fees. EXECUTIVE SUMMARY Spring Creek Ranch LLC, is developing an 11-acre parcel located at 1926 Hull Street into 88 condo units, and has requested a nonexclusive Access Easement and a Temporary Construction Easement on property owned by the City on the south side of Hull Street, in connection with the development. The proposed Access Easement will provide a necessary emergency access route to the development. The proposed Temporary Construction Easement will be used during construction of the Access Easement to provide proper grading of the area. Utilities (Stormwater) has determined that the proposed easements will not impact the use of the property for stormwater purposes, and has no objection to the proposed easements. The triangular-shaped Access Easement contains 154 square feet and the rectangular Temporary Construction Easement contains 1,829 square feet. ORDINANCE NO. 147 , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE SPRING CREEK RANCH LLC DEVELOPMENT PROJECT WHEREAS, the City of Fort Collins, Colorado(the"City")is the owner of a certain parcel of real property located in Fort Collins, Colorado,recorded at Reception Number 86039031 in the records of the Larimer County Clerk and Recorder(the "Property"); and WHEREAS, Spring Creek Ranch LLC is developing an 11 acre parcel for a condominium project (the "Project") west of the Property; and WHEREAS, in order to provide a necessary emergency access route to the Project, Spring Creek Ranch LLC wishes to acquire a nonexclusive access easement, as described in Exhibit"A", attached hereto, on the Property; and WHEREAS,to construct and provide proper grading for the access easement, Spring Creek Ranch LLC wishes to acquire a nonexclusive temporary construction easement, as described in Exhibit`B", attached hereto, on the Property; and WHEREAS, Spring Creek Ranch LLC has agreed to pay to the City$500 for the easements, and WHEREAS, based on review of this request by staff, it has been determined that granting the easements will not have any adverse effects on the Property or the City's intended use of the Property; and WHEREAS, the Property was purchased by the City's stormwater utility for use for stormwater purposes; 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 and will be for the benefit of the citizens of the city, and that the disposition will not materially impair the viability of the stormwater utility system as a whole. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Access Easement and the Temporary Construction Easement on the Property,consistent with the terns of this Ordinance,will be for the benefit of the city's citizens and is in the best interest of the City of Fort Collins, and will not materially impair the viability of the stormwater utility system as a whole. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the easements described herein to Spring Creek Ranch,LLC upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and in the best interest of the City and the City stormwater utility. Introduced and considered favorably on first reading and ordered published this 15th day of November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of December, A.D. 2005. Mayor ATTEST: City Clerk EXHIBIT "AP LEGAL DESCRIPTION ACCESS EASEMENT A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF LOT 8 OF THE SUBDIVISION OF A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP SEVEN NORTH OF RANGE SIXTY NINE WEST OF THE 6TH P.M., IS ASSUMED TO BEAR N89°32'45"W. BEGINNING AT THE NORTHEAST CORNER OF THAT PARCEL OF LAND AS DEEDED TO THE CITY OF FORT COLLINS BY RECEPTION NO. 86039031; THENCE S00°00'29"E, ON THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 7.82 FEET; THENCE N78021'36"W,A DISTANCE OF 40.31 FEET,TO A POINT ON NORTHERLY LINE OF SAID PARCEL; THENCE S89032'45"E, ON SAID NORTHERLY LINE,A DISTANCE OF 39.48 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 154 SQUARE FEET. I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION,AND BELIEF, ARE CORRECT. c: 3 96 �i o CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR sipNA�L..... COLORADO PLS NO. 37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITHANATTORNEY. X:\3940000.aIM941900\WordlLcpls\3941900LX5 PE.doc PAGE 1OFI z O z z 6 00 O 1 pp m pp z pp II XY-06� W s€ d J W) W- ti < p < W (nZZWSS U F,.Rw 3Y N <dOU2 y w(n�ON fi O N J ' 2 ' 1 zw Z WW iV zll m I SOUP h W mra w < a < N wm O Z�O P a0 zo H -z Iry Z , w ig o I z �n O�U l J O O O m Z4 i(L m j0 UO �ry - wl 17I o< O wmm <, m/ oa WO z I WN x z N Uw p mf }o rw LLO Fb I U Q} rLL' w U ¢D U r < O <NH Q d 0 0 F I U o 0 w � w 0Om Z 0<, � .a 5\w o z o z � �"€ m3< w � Nzo wow Fw I WZ 0w00 I o30 �r J 0 2 I I K �a 403 3uZxZi Sd a<U w 3 V�W z O O MNZ wF W Z Z O O N F (moa ,ot) �o o x w 133&S iinH z5rw azoo < 05DZ <wWw O m o o< p h i W j w OF�O 000'0 p0< a I I <o00 o a pzw zz m N m34 O<x o ] Z Z r W Z N Z mho o�ao 0 4 N 0 w z o N d w O z�i J zw�N Z S Z N <w O o 3 Omo O ]zzw Z F E wW8u"!8 WLO:6500TA6L/OL'Hb3d SXl'6mP'SX1006LYeC\n!9!V%3 Om0%BEVX EXHIBIT "B" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF LOT 8 OF THE SUBDIVISION OF A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP SEVEN NORTH OF RANGE SIXTY NINE WEST OF THE 6TH P.M., IS ASSUMED TO BEAR N89°32'45"W. COMMENCING AT THE NORTHEAST CORNER OF THAT PARCEL OF LAND AS DEEDED TO THE CITY OF FORT COLLINS BY RECEPTION NO. 86039031; THENCE S00°00'29"E, ON THE EASTERLY LINE OF SAID PARCEL,A DISTANCE OF 7.82 FEET,TO THE POINT OF BEGINNING; THENCE S00°00'29"E, ON THE EASTERLY LINE OF SAID PARCEL,A DISTANCE OF 25.24 FEET; THENCE N89032'45"W, A DISTANCE OF 60.00 FEET,TO A POINT ON WESTERLY LINE OF SAID PARCEL; THENCE N00°00'29"W, ON THE WESTERLY LINE OF SAID PARCEL,A DISTANCE OF 33.06 FEET, TO A POINT ON SAID NORTHERLY LINE; THENCE S8903245"E, ON SAID NORTHERLY LINE,A DISTANCE OF 20.51 FEET; THENCE S78021'36"E, A DISTANCE OF 40.31 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,829 SQUARE FEET. I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. O T 963 3 ' o CHAD R. WASHBURN,PROFESSIONAL LAND SURVEYOR '•. �/,� COLORADO PLS NO. 37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. NAI LAND THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH ANATTORNEY. X:\3940000.all\3941900\Word\L4gals\3941900LX5 TE.dm PAGE OF z z 1 $_ W f: a oo z ysy N xW mcV LU ` of r K M O a ZO 0_.^ WZ ZW O UQ wipmmOHW N QO_OUS Ww� Ocn !8 N r ut J W O ' S ' ' ZZw Z W¢W Z oux U U�d w m m oN' x0 om P ooU o z azon 2 \ /a \ ! SooroO' • _ 25.24 I � I NNII I n z I z mwg F� ; Jn y o vI W �n Z� / N ~lo rcm Wlm oz wNa I ww / U� ZI 0O �0 O�-m I NQ I UK r W U W < Q N Oa n a p o M N Q I U' m o N00.00'29'W _ oz o m 33.06 Nam a Sew inz mm 3.z � z¢ ww N w F 0 I I p3° OZ w0 I O F F n ¢ o N Oa.0 302a N Q w z ~ :�ONZ 1OxW O O H O N Z F (moa .oc) m m x W 133aLS ll(1H =_> a o° m Q U Q U N W voio< 0 0ws Q � r o Fwo pz wow Ni= x "'�� W,Q s I mmoo maw rca< �zz mz rZw O" z i iWQ- W~w m•~0 m w Z w w>U 2 p a op OWEO � o�wr zWi viva o awoo 6i JZJ I- zkU Ot0 w Temporary Construction and Access Easements Location Map W DRAKE RD i i i i i i i i N D 2 r 9 0 -wul FIS'14 AVE i W SWALLOW RD_ D N i x INLocation of Easements n