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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/20/2001 - FIRST READING OF ORDINANCE NO. 202, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 13 FORT COLLINS CITY COUNCIL DATE: November 20, 2001 STAFF: Frank W. Bruno SUBJECT: First Reading of Ordinance No. 202, 2001,Authorizing the Conveyance of Non-Exclusive Utility, Drainage and Temporary Construction Easements at Fort Collins-Loveland Municipal Airport for the Loveland-Fort Collins Industrial Airpark 9th Subdivision. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The Airport will benefit both from the improvements to be constructed on the Airport property and from additional improvements to the Airport retention pond that the grantee,Centre Point LLC,has agreed to make in exchange for the grant of the easements. Therefore, no compensation has been recommended. 7 EXECUTIVE SUMMARY: The Cities of Fort Collins and Loveland each own a 50% share of the Fort Collins-Loveland Municipal Airport. Centre Point LLC has received approval of the Loveland-Fort Collins Industrial Airpark 9th Subdivision from the Loveland Planning Commission, but is required to obtain the proposed utility,drainage and temporary construction easements in order to develop the Subdivision. Centre Point has agreed to improve the Airport retention pond by increasing its size. The improvements to be constructed in the easements will also be beneficial for the Airport. Section 23-111 of the City Code provides that the City Council must authorize the sale, or conveyance of real property owned by the City following a determination that to do so is in the best interest of the City. The attached drawing indicates the approximate location of the easements on Airport property. The exhibits to the Ordinance include the legal descriptions and a drawing of each of the requested easements. II II �. I \ 1 I j I 2 1 f � r ` I � 3 ,I Ili � \\ \ \\\• \�\` `a\ !I � rl �I \ \\ ORDINANCE NO. 202, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE UTILITY, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS AT FORT COLLINS-LOVELAND MUNICIPAL AIRPORT FOR THE LOVELAND-FORT COLLINS INDUSTRIAL AIRPARK 9TH SUBDIVISION WHEREAS,the City of Fort Collins and the City of Loveland each own an undivided fifty percent share of that certain real property known as the Fort Collins Loveland Airport (the "Airport"); and WHEREAS, Centre Point, LLC ("Centre Point") wishes to acquire a non-exclusive utility easement under and through a portion of the Airport as described on Exhibit"A", attached hereto and incorporated herein by this reference (the "Utility Easement"), for installation of utilities associated with the development of the Loveland-Fort Collins Industrial Airpark 9th Subdivision (the "Subdivision"); and WHEREAS, Centre Point wishes to acquire a non-exclusive drainage easement across a portion of the Airport as described on Exhibit`B",attached hereto and incorporated herein by this reference(the"Drainage Easement"), for the storm drainage associated with the development of the Subdivision; and WHEREAS, Centre Point wishes to acquire a non-exclusive temporary construction easement across a portion of the Airport as described on Exhibit "C", attached hereto and incorporated herein by this reference(the"Temporary Construction Easement"), for work associated with the construction of utility and drainage improvements to serve the Subdivision; and WHEREAS, Centre Point received final approval for the Subdivision from the Loveland Planning Commission earlier in 2001,but cannot proceed with the development of the Subdivision without acquiring the Utility Easement, the Drainage Easement and the Temporary Construction Easement(collectively, the "Easements"); and WHEREAS, City and Airport staff have determined that the proposed Easements will not have a negative impact on the Airport, and have further determined that the improvements to be constructed by Centre Point will be advantageous for the Airport; and WHEREAS, in exchange for the Easements, Centre Point has agreed to make certain improvements to the Airport's retention pond desired by the Airport at no cost to the Airport; and WHEREAS,in view of the benefits to the Airport City and Airport staff have recommended that no compensation be required for the grant of the Easement; 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 Easements 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 interest to Centre Point upon the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2001, and to be presented for final passage on the 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT "A" , page 1 of 2 W111—c—Upe 5285 MCWhinney&M.Suite 190 LcveWncLC080538 970.461.2800 phone W-SE A R-�BROWN 970.461.26011u rrwwxarbrown.com DESCRIPTION: UTILITY EASEMENT A utility easement being a portion of TRACT B, BARNSTORM SECOND ADDITION, located in Section 28, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Loveland, County of Latimer, State of Colorado being more particularly described as follows: Considering the East line of said BARNSTORM SECOND ADDITION as bearing South 00108'45" West (recorded as South 00°32'09" W) and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 28; thence, South 77°14'27" West, 416.95 feet to the PONT OF BEGINNING; thence, North 90°00'00" West, 30.00 feet; thence, North 00000'20" East, 65.57 feet; thence, North 87°30'58" West, 1185.63 feet; thence, North 87°34'41" West, 400.01 feet; thence, North 87°27'14" West, 485.70 feet; thence, North 03002'54" East, 24.41 feet to a point on the South line of an existing 20 foot wide sanitary sewer easement recorded at Book 1846, Page 102 on file at the office of the Larimer County Clerk and Recorder; thence along said South line, South 87°32'13" East, 2100.02 feet; thence, South 00°00'20" West, 89.56 feet to the Point of Beginning. The above described easement contains 1.249 acres more or less and is subject to all easements and rights-of-way now on record or existing. April 16, 2001 ut-easemnt.doc 207-002 jaa J t;.XHIBIT. A TRACT OF LAND BEING A PORTION OF BARNSTORM SECOND ADDITION LOCATED IN SECTION 28, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 61h PRINCIPAL MERIDIAN, CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO. BK 1846,PC 102 20' WIDE SANITARY SEWER EASEMENT EAST QUARTER COR. 28-6-SB FND. NO.6 REBAR W/ALUM. CAP hT II' LS 14823 .X S 87'32'13" E N 87'32'iJ' W x 2100.02' (NORTH LINE BARNSTORM THE NORTH LINE OF THE b~J SECOND ADDITION) S 00'00'20" W SOUTHWEST QUARTER OF I..I �' �==r"ter2?i>- rr 89.56' SECTION 27-6-68 y T -,>.-��T''�T�rr..Sr .-Lr�-s. N 89'34'66' E 8T2T14' W N 8T34'41" W - - - - - --- - 485.70' 400.01' N 8185.68" W 95'" I ooNSR■ ro.NT AVANNo N o2.41' E UTILITY EASEMENT 1185.63' N 00'65.57'� S '1�1" 54,398 sq.ft. N 90*00'00" w I ICI. I ro 1.249 acres 30.00' to 2 ICI I I CENTRE POINT 'D POINT 3 IOI i SUBDIVISION N 0 BK 16B3,PG 243 I M BARNSTORM SECOND OF 10' WIDE UTILITY 1 j()� I N� BEGINNING EASEMENT I ADDITION, TRACT B IX\ ,l 4 C 1 N SCALE- 1•"400' IW U EAST LINE OF I BARNSTORM SECOND ADDITION I AND THE WEST LINE OF j. CENTRE POINT SUBDIVISION - - - - - - -I _ SEAR " BROWN BASS OF REARINGS uKxrn_,q,4yxls wousmN 0000IS 00'06-46" W) ANrwx rwsl suWxNv4, C4 6 11 0.gx 1 O 5285 McWhinney Boulevard o Suite 190 SOUTHEAST COR. 28-8-68 N Loveland, CO. 80538 FND. 3-1/2" BRASS CAP d (970)461-2800 Z www.searbrown.com 4n 0 APRIL- 16, JAA ' EXHIBIT "B" , page 1 of 2 ur¢,T�n[ S265 wcwhinney Blvd.Suit 190 CM..M[AL\.. LaveIW40805I8 SEAR BROWN :, .'NN:,.• 970.4612900 pwe 97Q4612801 Fu - ^ CJN`:TpUCT10N wwwx4rprown.Com DESCRIPTION: DRAINAGE EASEMENT A drainage easement being a portion of TRACT B, BARNSTORM SECOND ADDITION, located in Section 28, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Loveland, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said BARNSTORM SECOND ADDITION as bearing South 00°08'45" West (recorded as South 00°32'09" West) and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 28; thence along the East line of said TRACT B, BARNSTORM SECOND and the West line of CENTRE POINT SUBDIVISION, South 00°08'45" West, 35.38 feet to the POINT OF BEGINNING; thence, continuing along said line, South 00008'45" West, 1047.08 feet; thence, departing said line, North 89°51'15" West, 30.00 feet; thence, North 00°08'45" East, 581.35 feet; thence, South 89°56'05" West, 241.29 feet; thence,North 90°00'00" West, 244.12 feet to a point on a curve concave to the Northeast having a central angle of 90°13'41% a radius of 80.00 feet and the chord of which bears North 44°53'09" West, 113.36 feet; thence along the arc of said curve 125.98 feet; thence, North 00'13'41" East, 255.73 feet to a point on a curve concave to the Southeast having a central angle of 83°35'02", a radius of 80.00 feet and the chord of which bean North 50044'1 )' East, 106.63 feet; thence along the arc of said curve 116.71 feet; thence, South 89059'40" East, 76.45 feet; thence, North 00000'20" East, 5.70 feet; thence, North 90000'00" East. 354.23 feet; thence, North 31055'51" East, 66.96 feet; thence, South 89°5F15" East, 46.92 feet to the Point of Beginning. The above described easement contains 5.995 acres more or less and is subject to all easements and rights-of-way now on record or existing. April 16, 2001 drn-ease.doc 207-002 jaa EXHIBIT "B" , page 2 of 2 EXHIBIT ' A TRACT OF LAND BEING A PORTION OF - BARNSTORM SECOND ADDITION _ LOCATED IN SECTION 28, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN, CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO. 8K I8M.P0 102 EAST QUARTER COP. 26-6-68 20' WIDE SANITARY FNO. NO.6 REBAR W/AUJU. CAP SEWER EAgM 'T LS 14823 THE NORTH UNE OF THE SOUTHWEST QUARTER OF N 877213' W (NORTH UNE B S 00'08'4 W SEC TgN 27-6-68 —_ ARNSTORw 0 AmITION) 35.38�, N 897a'56' E — — -- N 31'5553' E - 96' - -- _ DELTA-83'35'02'S 876 4—1 i N 90-00.000 E - Pe'N� RADILIS-80.00' 354.23' LENGTH-116.71' S 9'51'75' E BEGINNING CHORD-N 50'44'13' E 4 �%�r 108.83' W / j /� N 00'00'20 E 5.70 I SK IWJ.PG 243 ' �[� EASOENT RUTY I ' / ' E ITRE POINT c N DRAIN, 52 sq.f N� /� 2 2: 2sl,is2 sq.ff. // S DIVISION - ,/5.995 acres 90 00'00 S 89,56 05 W/ o I I DELTA-90'13'41 3 244.12' 241.29' Y RADIUS--80.00' {, 3 IOI LENGTH-125.98' CHORD-N 44'53'09' W 113.36' in a' BARNSTORM SECOND of ADDITION, TRACT B W con CO o � 4 z r EAST L1N�OF BARNSTORM SECO 0 ADDITION 1 AND THE WES LINE OF rr� CENTRE POINT S BOIVISICN BASIS OF BEARINGS (N W08'45' E) N 89'51'15" W SCALE- T-200' 30.00' - - - - - - - - - - - -I- - Cr c � NWOOSE�AR - 70W�N 0 0 5285 McWhinney Boulevard - - - - - - , N Sure 190 SOUTHEAST COR. 26-6-68 o Loveland, CO. 80538 FNO. 3-1/:' BRASS CAP z (970)461-2800 o www.searbrown.com APRIL 16. 01 JAA 11/02/2001 12:18 9704612801 SEAR BROWN PAGE 02 EXHIBIT . "V' , page 1 of 2 Aan„.rrrua� 9785 Mcwmmn.p 8W.Su"e 190 eflfilNLln.NG �� ' 970612 01 Plane �LANwhNa 97pAp12901 f— SEAR• BROWN CUN]l-UC 0! DESCRIPTION: CONSTRUCTION EASEMENT A construction easement being a portion of TRACT B, BARNSTORM SECOND ADDITION, located in Section 28, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Loveland,County of Larimer, State of Colorado being more particularly des ribed as follows: Considering the Eastjine of said BARNSTORM SECOND ADDITION as bearing South 00°08'45" West recorded as South 00°32'09" W) and with all bearings contained herein relative thereto: i Commencing at the Fast Quarter comer of said Section 28; thence, South 78°05'29" West, 446.26 f t to ate POINT OF BEGINNING; thence, North 89°59'40" West, 30.00 feet; thence,No. 0(1°00'20" East, 36.84 feet; thence, North 87030'58"West, 1156.88 feet; thence, No th 87°34'41" West,400.02, thence,North 87027'14' West,485.73 feet; thence, North 0 °32'46' East, 30.00 feet; thence, South 87027'14" East,485.70 feet; thence, South 8 °34'41"East, 400.01 feet; thence, South &7130'58"East, 1185.63 feet; thence, South 0 °00'20"West, 65.57 feet to the Point of Beginning. The above described easement contains 1.452 acres more or less and is subject to all f easements and r{ghts-o way now on record or existing. October 18, 200 Const-ease.doc 207-002 Iaa I I CONSTRUCTION EASEMENT EXHIBIT A CONSTRUCTION EASEMENT BEING A PORTION OF a BARNSTORM SECOND ADDITION LOCATED IN SECTION 28, TOWNSHIP 8 NORTH RANGE 88 WEST OF THE 8th PRINCIPAL MERIDIAN, CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO. N BN IBM^ 102 44 20' VADE SANITARY 0 SEWER EASEMENT EAST OIJARTER COR. 211-e-9e S 87-27'14' E FWD. Me REBM M/AU1M. CW N 486.70 $ 87'34'41' E LS 4a O1 400. 1 N e77 ' 3' W S 873058' E am 2/ 50 2O W THE NORTH UNE OF THE trT (NORTH �E BANNSTORM 1185.631 SOUTHVFM aUARIM OF N _ _ _ _ _ SECOND ADDITION) _ -LL - - __-- SECTION 27-6-68 . . >, _ ._.. N 8465.73'• W N 8734'41 W / N 8730'S8 W LC , 578b529 W.. I ---�""•" ,s,.• AVINVE V N 02'32'46' E 400 02 1156.88 ,N6.26' t -t I 3000' CONSTRUCTION EASEMENT N 00'00'20 E 63,245 sq.ft. 36.84' H 1.452ocres — N 89'59'40' W PONT 2 ire I °F CENTRE POINT x 30•00' r SUBDIVISION w BEem"B' I $-10: , BARNSTORM SECOND 1� 1inDE uilun r I01 ' 1 — EASEMENT ft< - ., ADDITION, TRACT B 4 1�1� 0 _ mSCALE 11•400' — ------ W BAnNstmM VNE OFADDITION I n $ I OWOOS ---- MID THE MST UNE OF 00 CENTRE PONT EARDIG SIGN — 1 BASIS 6 BEARNGS u�n.uo-Fart wuamr EAR• BROWN 1sDD�e'.D- w, r 5285 McWhinney Boulevard _ Suite 190 FFND AST/e ERR ASS CAPB m Loveland, CO.80538 N Z (970)461-2800 N W Ww.searbrown.com m m OCTOBER 18, 01 JAA