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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/20/2007 - FIRST READING OF ORDINANCE NO. 048, 2007, AUTHORIZ ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: March 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT First Reading of Ordinance No.048,2007,Authorizing the Conveyance of a Perpetual Easement for a Sanitary Sewer Line and Temporary Construction Easement for the Registry Ridge,5th Filing PDP Project. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT There is no financial impact. By granting this easement,the City will save future construction costs since the distance to hook up to the sanitary sewer line will be reduced and the need to cut into and repair the street will be eliminated. EXECUTIVE SUMMARY The developer of Registry Ridge,5th Filing PDP,Lennar Colorado,LLC wishes to acquire an 8,850 square foot easement for a sanitary sewer line and a 10,256 square foot temporary construction easement through a future City park site for the benefit of the development. BACKGROUND The City owns a tract of land in the Registry Ridge development that was dedicated as a future park site. The developer of Registry Ridge, 5th Filing PDP,Lennar Colorado, LLC wishes to acquire an 8,850 square foot easement for a sanitary sewer line and 10,256 square foot temporary construction easement through the future park site for the benefit of the development. The City will be able to use this same line for the restroom planned for construction in the park at a future date. By granting this easement, the City will save construction costs, since the distance to hook up to the sanitary sewer line will be reduced and the need to cut into and repair the street will be eliminated. The City Parks and Recreation department has reviewed and approved the plans for the proposed easement areas. ATTACHMENTS 1. Location Map. -- ---- -- --- ATTACHMENT 1 Utility Easement at Registry Ridge 5th Filing Location Map ...w-TRILBYRD L .. I x" RR \ I j I 1 4 w , D U o O U _ ZQ Y —L co REEVES DR:.. 4 LU wCABO­ -1 � �11 (, LN DR HOR _ET _ SNOOK CT U VINSONST � L� �,� . ' CURTISS CT i ® Sewer Easement Location W+E ® Temporary Construction Easement Location s ORDINANCE NO. 048, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERPETUAL EASEMENT FOR A SANITARY SEWER LINE AND TEMPORARY CONSTRUCTION EASEMENT FOR THE REGISTRY RIDGE, 5TH FILING PDP DEVELOPMENT PROJECT WHEREAS, the City is the owner of the property described as Tract A, Registry Ridge, 5th Filing PDP Development, which was dedicated to the City as a future park site (the "Property"); and WHEREAS, Lennar Colorado, LLC, a Colorado limited liability company (the "Developer") is developing the Registry Ridge, 5th Filing PDP Development (the"Project") east of the Property; and WHEREAS, in order to provide a sanitary sewer line for the Project, the Developer wishes to acquire a perpetual utility easement on and across the Property, as described in Exhibit "A", attached hereto; and WHEREAS, in order to construct and provide proper grading for the easement, the Developer wishes to also acquire a temporary construction easement on the Property, as described in Exhibit`B", attached hereto; and WHEREAS, the proposed utility easement will also benefit the City by providing a sewer line necessary for a restroom to be constructed on the Property in the future, and WHEREAS, based on a review of this request by staff, it has been determined that granting the easements requested by the Developer will not have any adverse effects on 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 Utility Easement and the Temporary Construction Easement on the Property, consistent with the terms of this Ordinance, will benefit 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 easements to Lennar Colorado, LLC, a Colorado limited liability company, upon the terms and conditions described above, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 2007, and to be presented for final passage on the 17th day of April, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 17th day of April, A.D. 2007. Mayor ATTEST: City Clerk INORTHERN . ,y . PHONE:970.221.4158 ENGINEERING wwwExscsnsrcrtEh srMngfnserinQ.csm FAX:97a221.4159 EXHIBIT A Page t of 2 Description: Sanitary Sewer Easement A sanitary sewer easement being a portion of Tract C,Tract F and Tract H, Corrected Plat of the Final Plat of Registry Ridge P.U.D,First Filing,located in Section 15, Township 6 North,Range 69 West of the&Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the South line of Tract H,Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing as bearing South 89'56'43"East and with all bearings contained herein relative thereto: Commencing at the Southwest comer of said Tract H; thence, along the South line of said Tract H South 89'56'43"East, 533.46 feet to the Northwest comer of Tract F;thence, along the West line of said Tract F, South 00°03'17"West, 115.00 feet to the Southwest comer of said Tract F;thence, along the South line of said Tract F. South 89°56'43"East, 6.04 feet to the POINT OF BEGINNING; thence,North 01°36'22"West,230.42 feet; thence,North 3698'06"East,217.41 feet;thence,along a curve concave to the Northwest having a central angle of 6°04'04"with a radius of 191.50 feet, an arc length of 20.28 feet and the chord of which bears South 62°44'20"East,20.27 feet;thence, South 36°38'06"West 213.78 feet; thence, South 01°36'22"East,223.65 feet;thence, along a curve concave to the North having a central angle of 2°25'22"with a radius of 473.00', an arc length of 20.00 feet and the chord which bears South 88°50'37"West, 20.00 feet to the POINT OF BEGINNING. The above described sanitary sewer easement contains 8,850 square feet or 0.203 acres more or less and is subject to all easements and rights-of-way now on record or existing. March 6, 2007 CNS AsurMYoNkREO(272.001)NDw$\Exidbits\Emcmw Metes andElonds.do° © Exhibit A » Page 2 of 2 § § BCO K §4 ® G ■ 91 ° m § § m § 2s�ew e, _; ■ |q|{§gk§ \ � 2 qm \ fk��E 4 A ETA � � � �� \ |} [&�■k Q § Al o ,all \ / @7 v NORTHERN AOORE85: PHaNl:970.221.4158 WERSR!= E N 6 t N E E R I N 0 2W ngeAve.Bulte 100 WWWM Ma W'0n'N'0g.catn FdrtCa1nCalnns,C088524 Pp%:970.221.4159 EXHIBIT B Page 1 of 2 Description: Temporary Construction Easement A temporary construction easement being a portion of Tract C and Tract H,Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing,located in Section 15, Township 6 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the South line of Tract H, Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing as bearing South 89'56'43"East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Tract H; thence, along the South line of said Tract H South 89'56'43"East, 506.16 feet to the POINT OF BEGINNING;thence, North.01"36'22"West, 124.91 feet;thence,North 36"38'06"East,226.84 feet;thence, along a curve concave to the Northeast having a central angle of 8'59'23"with a radius of 191.50 feet, an are length of 30.05 feet and the chord of which bears South 55°12'37" East,30.02 feet;thence, South 36'38'06"West,217.41 feet;thence, South 01'36'22" East, 115.27 feet;thence, South 87`54'2T'West,2.71 feet; thence,North 89'56'43" West,27.30 feet to the POINT OF BEGINNING. The above described temporary construction easement contains 10,256 square feet or 0.235 acres more or less and is subject to all easements and rights-of-way now on record or existing. March 6, 2007 CNS Mmvay Jobs\MCC -OOIADwg\Exhibits%TEMP CONSr ESMT Metes and Bonda.dua EXHIBIT "B" 2OF2 '0°`momvrj°DLOu Exhibit B Page 2 of sp •� 1 431 S � \\ \ yl s� ITt o ZI i I m I I I �q !4 li 0 6 e t !a p e in 1 : m 1 i 77 { _ Po a � l 1 •-�'~ 11 � t i v