The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/19/2002 - FIRST READING OF ORDINANCE NO. 047, 2002, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 15 FORT COLLINS CITY COUNCIL DATE: March 19, 2002 STAFF: Craig Foreman SUBJECT: First Reading of Ordinance No. 047, 2002, Authorizing the Conveyance of Two Non-exclusive Easements for Storm Drainage Across Westfield Park to the Pool of Dreams Development, Ltd. RECOMMENDATION: Staff recommends the adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The consideration for these easements was the City reserving a right of first refusal in the deed conveying 1.032 acres of Westfield Park land to the Pool of Dreams Development, Ltd. III EXECUTIVE SUMMARY: Pool of Dreams Development is located on the north edge of Westfield Park. Stormwater flows from the Pool of Dreams Development cross a portion of the Park to reach the drainage channel that runs through the Park. Two drainage easements totaling 0.14 acre are needed from the City. The consideration for these easements was included as part of the terms negotiated in the sale of the land to Pool of Dreams by Ordinance No. 125, 2001. • ORDINANCE NO. 047, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO NON-EXCLUSIVE EASEMENTS FOR STORM DRAINAGE ACROSS WESTFIELD PARK TO THE POOL OF DREAMS DEVELOPMENT, LTD WHEREAS, the City is the owner of that certain parcel of real property located southwest of the intersection of Seneca Street and Westfield Drive, and known as Westfield Park(the"Park"); and WHEREAS, the Pool of Dreams Development Property is located on the north edge of the Park, and needs to convey stormwater flows across a portion of the Park to a drainage channel that runs through the Park; and WHEREAS, in order to install a storm drainage swale between the Pool of Dreams Development Property and the drainage channel, two permanent drainage easements totaling .14 acres (the "Easements"), as described on Exhibit "A", attached hereto and incorporated herein by this reference, will be required from the City; and WHEREAS, in 2001 the City sold a parcel of land to Pool of Dreams Development, Ltd., reserving in the deed a right of first refusal, with the understanding that the City would charge no compensation for a future grant of the Easements if the Easements would not impact 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements, under the terms and conditions set forth above, is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey to Pool of Dreams Development,Ltd., the Easements 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 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 - page 1 of 2 DRAINAGE EASEMENT - EAST An easement located in the Southwest Quarter of the Northeast Quarter of Section 34, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more particularly described as follows: Considering the West line of the Northeast Quarter of Section 34 as bearing North 00°01'05" West and with all bearings contained herein relative thereto: Commencing at the Center Quarter corner of Section 34; thence along said West line. North 00'01'05" West, 741.56 feet to a point on a curve concave to the Northwest having a central angle of 18°13'15", a radius of 430.00 feet and the chord of which bears North 80°52'17" East, 136.17 feet; thence along the arc of said curve 136.75 feet; thence, North 71°45'40" East, 156.61 feet to a point on a curve concave to the Southeast having a central angle of 07°0041", a radius of 570.00 feet and the chord of which bears North 75°16'01" East, 69.71 feet; thence along the arc of said curve 69.75 feet to the Northwest corner of the Westfield Park Pool plat; thence along the West and South lines of said plat by the following four (4) courses and distances, South 03°00'09" West, 155.88 feet; thence, North 77°41'44" East, 95.70 feet; thence, South 85'01'43" East, 160.25 feet to the POINT OF BEGINNING; thence, South 85°01'43" East, 30.00 feet; thence departing said line, South 04°48'05" West, 41.75 feet to a point on a curve concave to the . Northwest having a central angle of 16°49'52", a radius of 115.00 feet and the chord of which bears South 13°13'01" West, 33.66 feet; thence along the arc of said curve 33.78 feet; thence, South 21°37'57" West, 27.50 feet; thence, North 68°22'03" West, 30.00 feet; thence, North 21°37'57" East, 27.50 feet to a point on a curve concave to the Northwest having a central angle of 16°49'52", a radius of 85.00 feet and the chord of which bears North 13°13'01" East, 24.88 feet; thence along the arc of said curve 24.97 feet; thence. North 04°48'05" East, 41.84 feet to the POINT OF BEGINNING. The above described easement contains 0.068 acres more or less and is subject to all easements and rights-of-ways now on record or existing. i EXHIBIT A - page 2 of 2 DRAINAGE EASEMENT - WEST An easement located in the Southwest Quarter of the Northeast Quarter of Section 34, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado, being more particularly described as follows: Considering the West line of the Northeast Quarter of Section 34 as bearing North 00°01'05" West and with all bearings contained herein relative thereto: Commencing at the Center Quarter corner of Section 34; thence along said West line, North 00'01'05" West, 741.56 feet to a point on a curve concave to the Northwest having a central angle of 18°13'15", a radius of 430.00 feet and the chord of which bears North 80052'17" East, 136.17 feet; thence along the arc of said curve 136.75 feet; thence, North 71°45'40" East, 156.61 feet to a point on a curve concave to the Southeast having a central angle of 07°00'41", a radius of 570.00 feet and the chord of which bears North 75'1601" East, 69.71 feet; thence along the arc of said curve 69.75 feet to the Northwest corner of the Westfield Park Pool plat; thence along the West and South lines of said plat by the following two (2) courses and distances, South 03°00'09" West, 155.88 feet to the POINT OF BEGINNING; thence, North 774144" East, 40.17 feet; thence departing said line, South 21°55'18" East, 26.81 feet; thence, South 34°35'46" East, 17.87 feet; thence, South 22'35'11" East, 37.81 feet; thence, South 78°43'53" West, 16.89 feet; thence, North 54°04'18" West, 59.39 feet; thence, North 15°05'37" West, 35.60 feet to the POINT OF BEGINNING. The above described easement contains 0.068 acres more or less and is subject to all easements and rights-of-ways now on record or existing. S&-BROWN DRAINAGE EASEMENT EASEMENT A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34. TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. NORTH 1/4 CORNER SECTION 34-7-69 „45 40' E I WESTFIELD PARK POOL I !I S 03'00'09" W N 1 61 155.88' I S 85'01'43" E S I ' ___160�� 8 30.1 43" E I E 00' 44. _ R 570.00�1 �' 0 7 9570" W 17.15 1 I A 1813'15" L 69.75' , 3 0W 69. o :1 R = 430.00' BRG.= N 7516'01" E P.O.B. SCALE: 1" = 30' F I L = 136.75' 71' A POINT ON THE . DATE 10-iD-OI 1Q1 BRG.= N 80'52'17' E WES SOUTH D P OF ARK �o �+ 136.17' POOL PLAT U I rV//j a N 1; 800K 2134 A = 449'52" a I PAGE 0753 R =85.00' w w ? _ RAINAGE 1zIQd N 1313'01" E EASEMENT D I s n 24.88' jj�� A a 16'49'52" 1n Z I z 2.96 .F.%/0 S - R 115.00' o1 w I 0.068 AC. L - 33.78' S 13'13'01" W M:31 P.U.C. ^c 33.66' 3 CENTER 1 4 CORNER 3333W SECTIONSh7-69 FND. ALUM. CAP ' LS 14823 ^ n S NOTE: NO RECORDED OR EXISTING �5 EASEMENTS SHOWN HEREON. 0 70-f0-2001 RAN CST-119Y-0172 . SEAR-BROWN DRAINAGE EASEMENT EASEMENT A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. I NORTH OUARTER CORNER •{' _ =430'00'S I N T; 6+ I 3 WESTFIELD R I PARK POOL L = 136.75' — e = 07'00'41" I oO1 to BRG.= N 80'52'17" E __— R = 570.00' 111 a N 77'41'44" E 136.17' L 69.75' c'� 40.17' I BRC.= N 75*16*01" E SCALE: 1" = 30' KI 69.71' I rn `S 21'55'18" E /%�/ DATE 10-10-01 KI 26.81' P.O.B. %% ^a1 SOUTHWEST CORNER CD�I OF WESTFIELD PARK DRAINAGE S 34'35'46" E PUT EASEMENT 17.87 w LU I o W co I� '^• 2,955 S.F. S 22'35'11" E IF) a N 15'05'37" W �.068'AC. 37.81 (AzIg^ 35.60' V1ZIz US mil I CENTER 1/4 CORNER NI N 54'04'18" W 1t SECTION 34-7-69 59.39' 5 ALUM. CAP LS 1 S LS 4823 S 7843'53" W & 16.89' 8 3� NOTE: NO RECORDED OR EXISTING 3 EASEMENTS SHOWN HEREON. O10-10-2001 RAN CST-1192-0472 I i POOL OF DREAMS AT WESTIM D NEIGHBO ROOD P RK Horsetooth Road V yy ' rim C4 V C Y V Westfield Park Harmony Road • .T H. Pool of Dreams,LLD. Westfield Drive Y u Stormwater Easement Area U Westfield Park m Johnson Elementary School