HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/19/2002 - FIRST READING OF ORDINANCE NO. 046, 2002, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 14
DATE:
FORT COLLINS CITY COUNCIL STAFF: March 19, 2002
Crai Foreman
SUBJECT:
First Reading of Ordinance No. 046, 2002, Authorizing the Conveyance of a Non-Exclusive
Easement for Storm Drainage for Peak View Development Across Overland Trail Park in
Exchange for Conveyance of a .25 Acre Tract of Land.
RECOMMENDATION:
Staff recommends the adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
In exchange for the conveyance of this stormwater easement, the Grantee agrees to landscape,
install irrigation lines and convey a .25 acre tract of land to the City.
EXECUTIVE SUMMARY:
Peak View Development is a residential development planned adjacent to a portion of the north
property line of Overland Trail Park. The development needs to convey stormwater flows to a
pond located on Park property. The pond serves as storage for stormwater flows and irrigation
water for the park. The easement will define where a pipe to convey stormwater flows is located
on the park. The stormwater pipe will daylight into the pond.
The Peak View Development will be improving a portion of land (about 0.25 acre) adjacent to
the park that is unneeded for its development. This area is unusable for development since it is
about 25 feet wide by about 425 feet long and is located south of a road along the north side of
the Park. Costs to improve this area with landscaping and irrigation are estimated at about
$25,000 and will be the responsibility of the development. Upon acceptance of the work by the
City, the .25 acre tract of land will be deeded to the City and included in the Park. The
conveyance of the tract of land and the cost of the landscape/irrigation improvements more than
offset the consideration due the City for the stormwater easement.
. ORDINANCE NO. 046, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR STORM
DRAINAGE FOR PEAK VIEW DEVELOPMENT ACROSS OVERLAND TRAIL PARK IN
EXCHANGE FOR CONVEYANCE OF A .25 ACRE TRACT OF LAND
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located southeast of the intersection of Overland Trail Road and west Elizabeth Street, and known
as Overland Trail Park (the "Park"); and
WHEREAS, Peak View Development (the "Development') is a residential development
planned adjacent to a portion of the north property line of the Park, which needs to convey
stormwater flows to a pond located in the Park; and
WHEREAS, in order to install a drainage pipe between the Development and the Park, a
permanent storm drainage easement across the Park as described on Exhibit"A" (the "Easement'),
attached hereto and incorporated herein by this reference, will be required from the City; and
WHEREAS,in exchange for the Easement,BLS Development,LLC shall convey to the City
a .25 acre tract of land, improved with landscaping and irrigation, to be included in the Park; 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
interests 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 terms and conditions set forth
above, is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey to BLS Development, LLC the Easement consistent with the terms and
conditions described above.
Introduced, considered favorably on first reading, and ordered published this 19th day of
March, A.D. 2002, and to be presented for final passage on the 2nd day of April, A.D. 2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of April, A.D. 2002.
Mayor
ATTEST:
City Clerk
Exhibit"A"
PEAK VIEW DEVELOPMENT
A PORTION OF LAND LOCATED IN THE SOUTHEAST '/a OF SECTION 16, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO:
CONSIDERING THE SOUTH LINE OF PEAK VIEW SUBDIVISION, LARIMER COUNTY,
COLORADO AS BEARING S 89°36'48" W WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCE AT THE SOUTHEAST CORNER OF PEAK VIEW SUBDIVISION, LARIMER
COUNTY, COLORADO;
THENCE RUN S 89°36'48" W ALONG THE SOUTH LINE OF SAID PEAK VIEW
SUBDIVISION FOR A DISTANCE OF 25.64 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S 89°36'48" W ALONG SAID SOUTH LINE FOR A DISTANCE OF
206.67 FEET;
THENCE LEAVING SAID SOUTH LINE RUN S 85°41'16" E FOR A DISTANCE OF 182.39
FEET;
THENCE RUN S 00°05'03" E FOR A DISTANCE OF 238.97 FEET;
THENCE RUN S 36°25'35" E FOR A DISTANCE OF 105.03 FEET;
THENCE RUN N 53°34'25" E FOR A DISTANCE OF 20.00 FEET;
THENCE RUN N 36°25'35" W FOR A DISTANCE OF 98.47 FEET;
THENCE RUN N 00°05'03" W FOR A DISTANCE OF 238.99 FEET;
THENCE RUN N 29°28'20" E FOR A DISTANCE OF 9.76 FEET TO THE POINT OF
BEGINNING.
CONTAINING 8,428 SQ. FT.
Easement Exhibit
PEAK WSW SUBO/YlS/ON
POINT OF BECI NING POINT OF
BASIS OF BEARING
N 29'28'20,' E COMMENCEMENT
9.76
S B9'36'46" W
" 206.67
182.39
S 89'36'48• W
25.64'
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SMN Loveland, Cotorado 80538
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