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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/06/2000 - FIRST READING OF ORDINANCE NO. 67, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 17 FORT COLLINS CITY COUNCIL DATE: Tune 6, 2000STAFF: Marty Heffernan SUBJECT: First Reading of Ordinance No.67,2000,Authorizing the City to Grant a Non-Exclusive Access and Drainage Easement to Dr. Larry R. Magnuson. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: Tract"F",Raintree PUD is located directly east of the Senior Center along Evenstar Court and South Shields Street. Dr. Larry Magnuson will be developing this property into the Raintree Animal Clinic. Access to the animal clinic from Evenstar Court is limited because of the difficulty of northbound Shields Street traffic accessing Evenstar. To address this situation, Dr. Magnuson has requested the City to grant him a temporary access and drainage easement along the eastern most driving lane of the Senior Center parking lot and connecting to the west end of the clinic property. The access easement is intended to be temporary with access to the clinic property being moved to the undeveloped property east of the Senior Center and south of the clinic property when that property develops. Granting this easement to Dr. Magnuson will result in the loss of three or four parking spaces at the Senior Center parking lot. As compensation for this temporary loss, and for the access easement,the easement will provide that the parking lot developed for the clinic property will be available for use by Senior Center patrons after the clinic's regular hours. Three parking spaces at the clinic will always be reserved for clinic emergencies. Staff is supportive of this arrangement and believes it will not have a detrimental impact on the operation of the Senior Center. ORDINANCE NO. 67 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE ACCESS AND DRAINAGE EASEMENT TO DR. LARRY. R. MAGNUSON WHEREAS,the City of Fort Collins(the"City")is the owner of the land known as the Fort Collins Senior Center PUD in Larimer County, Colorado (the"City's property"); and WHEREAS,Dr. Larry R. Magnuson wishes to acquire a non-exclusive access and drainage easement over, on, across, and under a portion of the City's property as shown on the Exhibit"A", attached hereto and incorporated herein by reference(the"Easement"); and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell,covey,or otherwise dispose 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; and WHEREAS, Dr. Magnuson is compensating the City for the access and drainage easement by granting to the City a nonexclusive easement for parking in the parking areas to be constructed on the Raintree Animal Clinic Property, which property is more particularly described on Exhibit "B", attached hereto and incorporated herein by this reference, in accordance with the Raintree . Animal Clinic Development Plan approved by the City on April 13, 2000, which will provide for use of those parking areas by Senior Center patrons after regular business hours of the Raintree Animal Clinic,except to the extent the Clinic has posted up to three spaces as reserved for exclusive use by the Clinic. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above described conveyance of the easement is in the best interest of the City. Section 2. That the Mayor is authorized to execute such agreements and instruments as are necessary to convey the easement to Dr. Larry R. Magnuson as described above. Introduced,considered favorably on first reading,and ordered published this 6th day ofJune, A.D. 2000, and to be presented for final passage on the 20th day of June, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of June, A.D. 2000. Mayor ATTEST: City Clerk EXHMIT "A" STEWART&SS IATES Consultin3 Engineers and Surveyors PAGE 1 OF 2 • Access and Drainage Easement An access and drainage easement situatc in Tract"A'.Fort Collins Senior Center P.1 LD.,City of Fort Collins, County of Larimer, State of Colorado which begins at a point which bears N00°21'00"W 26.00 feet and again S84"58'00"W 33.16 feet from the Southeast corner of said Tract "A" and run thcnix NW21100"W 193.70 feet;thence N89939'00"E 33.00 feet to a point on the East line of said Tract "A"; thence N00°21100"W 34.00 feet; thence S89"39'00"W 57.00 feet;thence S00°21'00"E 194.00 feet;thence S48"45'00"W 89.70 feet;thence along the arc of a 40.00 foot radius curve to the right a distance of 21.68 feet; the long chord of which bears S45°5245"E 21.42 feet; thence along the arc of a 20.00 foot radius curve to the right a distance of 12.24 feet, the long chord of which bears S12"48'47"E 12.05 feet to a point on the Northerly right-of-way line ofRaintree drive; thence along said Northerly right-of-way line, along the arc of a 274.00 foot radius curve to the right a distance of 37.36 feet, the long chord of which bears N66"58'51"E 37.33 feet;thence along the are of a 17.00 foot radius curve to the right a distance of 36.59 feet, the long chord of which bears N1201275"E 29.92 feet;thence along the are of a 300.00 foot radius curve to the right a distance of 33.99 feet, the long chord of which bears N75°40'13"E 33.97 feet to the point of beginning. Richard A Rutherford, P.E. &VS. 5028 *_ : is f '�.e d James H.Stewart and PSsoaate3,Inc. 103 S.mew=Street P.O.BOX 429 . Ft Gollins.00 80522 970/482/482-9331 Fax 970/482.9382 EXMIT "A" PAGE 2 OF 2 -P.GA ... -D..F..CR055_...EASEMENT -E_Q,e ._A:CC.ESS .;-Dk,4PJAGE :B: 7rTaJEE-N THE SEA/10Z CEV7,E,e . �-RAIVTREE AtiIMa'C GLI /V IC ..: F'0,27" GO(_LINS,_GO(�O. S53.S.}:; .se'I 9/•L B' �F� •S89'3�'60"W s7.Od N ii Ali f�.euir�eee-A,ve,�n:a:1•tase�rae. I . P� 34fa D cn�I va6"...6,�ce.�ts�r i s89.39'00".W:/93z7 {- I � v 0 Veil CO N oq W I P) 0 P�I(`//0 Q/``• C Q �4 o �'h .N i I^ q — . EXHIBIT "B" LEGAL DESCRIPTION OF RAINTREE ANIMAL CLINIC PROPERTY A PART OF TRACT "F", RAINTREE P.U.D., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH P.M.AS BEARINGN00-21'00"WAND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "F" WHICH BEARS N00021'00"W 50.00 FEET AND AGAIN N90000'00"W 50.00 FEET AND AGAIN N00021'00" W 1,257.03 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 22 AND RUN THENCE S00021'00"E 80.57' FEET ALONG THE WEST LINE OF SOUTH SHIELDS STREET WHICH IS ALSO THE BOUNDARYLINE OF SAID TRACT"F";THENCE S89039'00"W 193.27 FEETALONG THE BOUNDARYOF SAID TRACT "F" TO A POINT ON THE EAST LINE OF TRACT "A", FORT COLLINS SENIOR CENTER P.U.D.; THENCE N00°21'00"W 82.62 FEET ALONG THE SAID EAST LINE TO A POINT ON THE NORTH LINE OF SAID TRACT "F'; THENCE S89°53'30"E 193.28 FEET ALONG THE NORTH LINE OF SAID TRACT"F"TO THE POINT OF BEGINNING, CONTAINING 15,770 SQUARE FEET MORE OR LESS.