HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/2005 - FIRST READING OF ORDINANCE NO. 129, 2005, AUTHORIZ ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: November 2, 2005
FORT COLLINS CITY COUNCIL STAFF: Lindsey Kuntz
SUBJECT
First Reading of Ordinance No. 129, 2005, Authorizing the Conveyance of a Sanitary Sewer
Easement for a Spring Creek Ranch, LLC Development.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The total amount of consideration to be paid to the City for this easement is $1,000. This will
include the cost of the easement, 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. The proposed easement will connect the project to the existing City sewer line under Spring
Creek Trail located to the north of the subject property. The City Parks Department is in agreement
to allow the connection under above-said trail. The irregular-shaped easement would contain 120
square feet to install an eight inch sewer line.
ORDINANCE NO. 129, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A SANITARY SEWER EASEMENT
FOR A SPRING CREEK RANCH, LLC DEVELOPMENT
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of a certain
parcel of real property located in Fort Collins, Colorado, known as the Spring Creek Trail (the
"Property"); and
WHEREAS, Spring Creek Ranch, LLC is developing an eleven acre parcel for a
condominium project (the"Project") south of the Property; and
WHEREAS, in order to connect the Property to the City's sewer system, Spring Creek
Ranch LLC wishes to acquire a non-exclusive sanitary sewer easement under the Property (the
"Easement"), as described in Exhibit "A", attached hereto; and
WHEREAS, Spring Creek Ranch, LLC has agreed to pay the City $1,000 for
compensation and costs associated with the easement; and
WHEREAS, based on review of this request staff, it has been determined that granting
the non-exclusive easement will not have any adverse affects to the Property; 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 Easement under the Property, consistent with
the terms 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.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Easement to Spring Creek Ranch, LLC upon the
terms and conditions described above, and subject to such other terms and conditions as the
Mayor, in consultation with the City Attorney, to be necessary and in the best interest of the
City.
Introduced and considered favorably on first reading and ordered published this 2nd day
of November, A.D. 2005, and to be presented for final passage on the 15th day of November,
A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of November, A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT A
LEGAL DESCRIPTION
SEWER 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 2, OF THE SUBDIVISION OF A PART
OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION TWENTY SEVEN,
TOWNSHIP SEVEN NORTH OF RANGE SIXTY NINE WEST OF THE 6T11 P.M,
ASSUMED TO BEAR S89034'34"E.
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2;
THENCE N89034'34"W, ON THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 154.14
FEET,TO THE SOUTHERLY LINE OF THAT PARCEL OF LAND AS DESCRIBED AT
RECEPTION NUMBER 2001103552 OF THE LARIMER COUNTY RECORDS;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING THREE (5) COURSES:
1) THENCE N79°07'17"W,A DISTANCE OF 9.56 FEET;
2) THENCE N83041'42"W,A DISTANCE OF 43.58 FEET;
3) THENCE N84028'02"W,A DISTANCE OF 49.28 FEET TO THE POINT OF
BEGINNING;
4) THENCE N84°28'02"W, A DISTANCE OF 4.08 FEET;
5) THENCE N84°34'21"W, A DISTANCE OF 25.92 FEET;
THENCE N05°28'41"E, A DISTANCE OF 2.82 FEET,TO THE SOUTHERLY LINE OF A
SANITARY SEWER EASEMENT AS DESCRIBED IN BOOK 2274 AT PAGE 1044 OF THE
LARIMER COUNTY RECORDS;
THENCE S89007'04"E, ON SAID SOUTHERLY LINE, A DISTANCE OF 30.00 FEET;
THENCE S04022'52"W, A DISTANCE OF 5.21 FEET, TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 120 SQUARE FEET.
CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR
COLORADO PLS NO. 37963
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH RYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFYEASEMENIS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITYFOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH
ANA7TORNEY.
Non- Exclusive Sanitary Sewer
Easement Location Map
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W DRAKE RD O
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W SWALLO_W RD_
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Easement Site - 1926 Hull Street