HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - SECOND READING OF ORDINANCE NO. 147, 2005, AUTHORI ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: December20, 2005
FORT COLLINS CITY COUNCIL STAFF: Lindsey Kuntz
SUBJECT
Second 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 Second Reading.
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, was unanimously adopted on
First Reading on November 15, 2005.
ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: November 15, 2005
FORT COLLINS CITY COUNCIL STAFF: Lindsey Kuntz
I�"p
SUBJECT It
4}
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 considerat"pn to be.paidil",
C ' yyr thEse easements is $500.00. This
I
will include the cost of the easments p cessigfr"Im
` sn fees.
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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.
'*
ii �"I
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 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, 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 fim;:;
ofaer, A.D.
2005.
Mayor
A TEST:
City Clerk
Passed and adopted on final reading this 20th day of December, A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
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 S00000'29"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.
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CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR 8�01q. .....
COLORADO PLS NO. 37963 L
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 RUGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITHAN ATTORNEY.
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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 N89032'45"W.
COMMENCING AT THE NORTHEAST CORNER OF THAT PARCEL OF LAND AS DEEDED TO THE
CITY OF FORT COLLINS BY RECEPTION NO. 86039031;
THENCE S0000029"E, ON THE EASTERLY LINE OF SAID PARCEL,A DISTANCE OF 7.82 FEET,TO
THE POINT OF BEGINNING;
THENCE S0000029"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 S89032'45"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.
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CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR °•,�
COLORADO PLS NO. 37963 sSipNgi`A� 05
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 RESPONSIBIL17Y FOR
OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH ANATTORNEY.
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