HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2001 - FIRST READING OF ORDINANCE NO. 144, 2001, GRANTING AGENDA ITEM SUMMARY ITEM NUMBER: 22
DATE: September 4,2001
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
Steve Comstock
SUBJECT:
First Reading of Ordinance No. 144,2001,Granting a Storm Drainage Easement Across the City's
Drake Water Reclamation Property Managed by the Natural Resources Department as Part of the
Prospect Ponds Natural Area to Midpoint Development,LLC.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
There is no financial impact since the easements will improve the drainage system over what was
done with the original platting of the Prospect Industrial Park.
EXECUTIVE SUMMARY:
The proposed development, Prospect Industrial Park Lot 32 Midpoint Self Storage, is a part of the
Prospect Industrial Park Subdivision,which subdivision was approved by the City in 1978. Lot 32
is located on Midpoint Drive approximately 350 feet northwesterly of what is now part of the
Prospect Ponds Natural Area. The original overall drainage plan for the subdivision called for all
of Lot 32 to drain into the ponds. The current drainage plan under the new Project Development
Plan(PDP)calls for Lot 32 to have two on-site water quality ponds. From the water quality ponds,
only the one located on the northeasterly part of the lot will drain into a storm sewer line that extends
across and under a part of the City Property where this easement is requested.
The granting of the easements across City property (including a permanent easement and a
temporary construction easement)for the storm drainage flows will provide for an improvement of
the drainage system over what was done with the original platting of the Prospect Industrial Park.
This easement request has been reviewed and approved by the Utilities and Natural Resources
Departments as well as the Natural Resources Advisory Board.
ORDINANCE NO. 144,2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
GRANTING A STORM DRAINAGE EASEMENT ACROSS THE CITY'S DRAKE WATER
RECLAMATION PROPERTY MANAGED BY THE NATURAL RESOURCES
DEPARTMENT AS PART OF THE PROSPECT PONDS NATURAL AREA TO MIDPOINT
DEVELOPMENT, LLC
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property,
purchased for utility purposes as part of the City's Drake Water Reclamation Property, located in
Larimer County,Colorado,portions of which are currently managed by the City's Natural Resources
Department known as the Prospect Ponds Natural Area; and
WHEREAS, Midpoint Development, LLC wishes to acquire a permanent, non-exclusive
easement across that portion of the Drake Water Reclamation Property more specifically described
on Exhibit"A",attached hereto and incorporated herein by this reference(the"City Property"),for
construction and maintenance of a storm drainage pipe,and a temporary construction easement over
adjacent property more specifically described on Exhibit `B", attached hereto and incorporated
herein by this reference (the "Temporary Easement Area"); and
WHEREAS,the granting of these easements will provide for an improvement of the drainage
system over what was done with the original platting of the Prospect Industrial Park; and
WHEREAS, at its meeting of August 1, 2001, the Natural Resources Advisory Board
considered the requested easements, and recommended by a vote of 6 to 1 the granting of those
easements; and
WHEREAS,because the granting of the easements described herein will replace and improve
prior drainage conditions on the City Property, and will not have a significant impact on the
condition or use of that property or surrounding area, staff has recommended that no compensation
be required in exchange for these easements; 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 will not
impair the viability of any City utility system as a whole of which the property is a part, will be for
the benefit of the City's citizens, and will be 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 above-described conveyance of a permanent, non-exclusive storm
drainage easement across the City Property and temporary easement across the Temporary Easement
Area will not materially impair the viability of the City's water utility as a whole, will be for the
benefit of the City's citizens, and is in the best interest of the City of Fort Collins.
Section 2. That the Mayor be, and hereby is, authorized to execute such deeds,
agreements or other instruments of conveyance granting to Midpoint Development, LLC the
easements described herein,as the City Manager,in consultation with the City Attorney,determines
to be necessary or desirable to protect the interests of the City or to carry out the purposes of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 4th day of
September, A.D. 2001, and to be presented for final passage on the 18th day of September, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of September, A.D. 2001.
Mayor
ATTEST:
City Clerk
EXHIBIT"A"
LEGAL DESCRIPTION
UTILITY EASEMENT
A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS A PORTION OF SECTION 20,
TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF FORT
COLLINS,COUNTY OF LARIMER,STATE OF COLORADO LYING SOUTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE.
BASIS OF BEARINGS:THE LINE BETWEEN THE NORTHWESTERLY CORNER OF LOT 32 AND
THE NORTHEASTERLY CORNER OF LOT 33 OF THE PLAT OF PROSPECT INDUSTRIAL PARK
RECORDED IN BOOK 1947 AT PAGE 020,LARIMER COUNTY RECORDS BEING
MONUMENTED AT THE WESTERLY END BY A#4 REBAR AND 1%" PLASTIC CAP STAMPED
"LS 4502"AND AT THE EASTERLY END BY A#4 REBAR IS ASSUMED TO BEAR S73'20'00"E
AS SHOWN ON SAID PLAT.
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 32 OF SAID PLAT,
THENCE S70'47'16"E A DISTANCE OF 427.92 FEET TO A POINT ON THE EASTERLY LINE OF
LOT 33 OF SAID PLAT,SAID POINTALSO LYING 19.00 FEET SOUTHWESTERLY MEASURED
AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF SAID LOT 33;
THENCE S22'58'07"E, A DISTANCE OF 96.19 FEET TO THE SOUTHEASTERLY LINE OF
TRACT A OF SAID PLAT AND THE POINT OF BEGINNING:
THENCE S22'58'07"E, A DISTANCE OF 46.02 FEET:
THENCE S67'01'53"W, A DISTANCE OF 10.00 FEET;
THENCE N22'58'07"W, A DISTANCE OF 39.35 FEET TO SAID SOUTHEASTERLY LINE OF
TRACT A;
THENCE N33'18'08"E ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 12.02 FEET TO THE
POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 427 SQUARE FEET.
LEGAL DESCRIPTION STATEMENT
I, DAVID P. ROBERTS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO
HEREBY STATE THAT THE ABOVE DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY
KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT.
DAVID P. ROBERTS REGISTERED LAND SURVEYOR
COLORADO NO. 32825
FOR AND ON BEHALF OF JR ENGINEERING LLC
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE
OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR
OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND
RECOMMENDS CONSULTATION WITH AN ATTORNEY.
EXHIBIT"B"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS A PORTION OF SECTION 20,
TOWNSHIP7 NORTH,RANGE 68 WESTOFTHE SIXTH PRINCIPAL MERIDIAN,CITY OF FORT
COLLINS,COUNTY OF LARIMER,STATE OF COLORADO LYING SOUTHWESTERLY OF THE
FOLLOWING DESCRIBED LINE:
BASIS OF BEARINGS:THE LINE BETWEEN THE NORTHWESTERLY CORNER OF LOT 32 AND
THE NORTHEASTERLY CORNER OF LOT 33 OF THE PLAT OF PROSPECT INDUSTRIAL PARK
RECORDED IN BOOK 1947 AT PAGE 020, LARIMER COUNTY RECORDS BEING
MONUMENTED AT THE WESTERLY END BY A#4 REBAR AND 1%"PLASTIC CAP STAMPED
"LS 4502"AND AT THE EASTERLY END BY A#4 REBAR IS ASSUMED TO BEAR S73'20'00"E
AS SHOWN ON SAID PLAT.
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 32 OF SAID PLAT;
THENCE S70'47'16"E A DISTANCE OF 427.92 FEET TO A POINT ON THE EASTERLY LINE OF
LOT 33 OF SAID PLAT,SAID POINTALSO LYING 19.00 FEET SOUTHWESTERLY MEASURED
AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF SAID LOT 33;
THENCE S22'58'07"E, A DISTANCE OF 96.19 FEET TO THE SOUTHEASTERLY LINE OF
TRACT A OF SAID PLAT AND THE POINT OF BEGINNING;
THENCE N33'18'08"E ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 39.08 FEET;THENCE
S22-58'07"E, A DISTANCE OF 46.02 FEET;
THENCE S33'18'08"W, A DISTANCE OF 39.08 FEET;
THENCE S67'01'53"W, A DISTANCE OF 42.50 FEET;
THENCE N22'58'07"W,A DISTANCE OF 17.65 FEET TO THE SOUTHEASTERLY LINE OF SAID
TRACT A;
THENCE N33'18'08"E ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 51.10 FEET TO THE
POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2849 SQUARE FEET.
LEGAL DESCRIPTION STATEMENT
I, DAVID P. ROBERTS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT.
DAVID P. ROBERTS, REGISTERED LAND SURVEYOR
COLORADO NO.32825
FOR AND ON BEHALF OF JR ENGINEERING LLC
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE
OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR
OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND
RECOMMENDS CONSULTATION WITH AN ATTORNEY.
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Drake Water
Reclamation
Facility
STORM DRAINAGE EASEMENT TO
MIDPOINT DEVELOPMENT LLC
LOCATION MAP