HomeMy WebLinkAbout101 - 09/06/2016 - AUTHORIZING AN EXCHANGE OF EASEMENTS BETWEEN THE CITY AND BROOKHAVEN HOMEOWNERS ASSOCIATION TO RESOLORDINANCE NO..101, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN EXCHANGE OF EASEMENTS BETWEEN THE CITY AND
BROOKHAVEN HOMEOWNERS ASSOCIATION TO RESOLVE ENCROACHMENT
ISSUES ON MALLARD'S NEST NATURAL AREA AND SPRING CREEK TRAIL
WHEREAS, the City is the owner of a parcel of land located in Larimer County,
Colorado, as more particularly described on Exhibit "A", attached and incorporated herein by
reference, and known as Mallard's Nest Natural Area (the "City Property"); and
WHEREAS, the Spring Creek Trail (the "Trail") runs through the City Property adjacent
and to the north of property owned by the Brookhaven Homeowners Association
Brookhaven"); and
WHEREAS, it was recently discovered that improvements constructed in Brookhaven's
common areas prior to the City's acquisition of the City Property encroach on the City Property
and the Trail; and
WHEREAS, City staff and Brookhaven representatives have discussed the situation and
concluded that the best solution is for the City to grant an easement to Brookhaven for the
encroachment, and in exchange Brookhaven would grant an access easement to the City over
some portions of Brookhaven's property, of approximately the same total area, which would
allow the fence between the Trail and Brookhaven's property to be moved further back from the
Trail; and
WHEREAS, the proposed easement to Brookhaven is described on Exhibit "B", attached
and incorporated herein by reference (the "Easement"); and
WHEREAS, because the City would be receiving an easement of equivalent size and
value in exchange for granting the Easement, staff is recommending that Brookhaven not be
charged any additional consideration for the Easement; and
WHEREAS, at its regular meeting on March 8, 2016, the Land Conservation and
Stewardship Board voted to recommend granting the Easement to Brookhaven; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, '
convey or otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition 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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the City Council hereby finds that the City's conveyance of the
Easement to the Brookhaven Homeowners Association as provided herein is in the best interests
of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to Brookhaven, and accept the conveyance of an easement
from Brookhaven, on terms and conditions consistent with this Ordinance, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City, including, but not
limited to, any necessary changes to the legal description of the Easement, as long as such
changes do not materially increase the size or change the character of the interest to be conveyed.
Introduced,_considered favorably on first reading, and ordered published this 16th day of
August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D.
2016.
O
FORT co<
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SEAL
ATTEST:
COLORp
O
City Clerk
Passed and adopted on final reading on the 6th day of September, A.D. 2016.
ORT COC
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J :
Mayor
ATTEST: coo;P
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City Clerk
2-
Exhibit "A"
A tract of land located in the northeast quarter of Section 24,
Township 7 North, Range 69 West of the Sixtl Principal meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also described as all that part of Lot 1 of Shadowbrook P.U.C. , a
Plat of record with the• Clerk and Recorder of the said Larimer
County, lying north of the southerly line of that easement recorded
October 23, 1981 ir. Book 2148 at Page 0344 records of the said
Clerk and Recorder, being more particularly described as follo.as:
Considering the east line of. the said Lot 1 as bearing Soc_h 00
degrees 07 minutes 30 seconds East, and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Lot 1 the said
northeast corner is also the.TRU'n POINT OF BEGINNING of this
description;
HENCE along the said east 'line of Lot 1, South 00 decrees 07
minutes 30 seconds East for a distance of 24.60 feet cc the south
line of the said easement recorded in Book 2148 at Page 0344;
THENCE leaving the said east line and along the said south line
the following seven (7) courses and distances, (1) South 69 degrees
55 minutes 08 seconds 'nest for a distance of 201.96 feet;
2)
along a curve to the left having a radius of 67.83 feet a
central angle of 40 degrees 46 minutes 41 seconds and an arc length
of 48.26 feet, being subtended by a chord of South 49 degrees 31
minutes 42 seconds West for a distance of 47.27 feet;
3)
along a curve to the right having a radius of 127.50 feet a
central- angle of 50 degrees 57 minutes 05 seconds and an arc length
of 113.36 feet, being subtended by a chord of South 54 decrees 36
minutes 49 seconds West for a distance of 109.68 feet;
4)
South 80 degrees '05 minutes 22 seconds West for a distal^ce of
190.96 feet;
5)
along a curve to the left having a radius of 92.50 feet a
central angle o` 32 degrees 57 minutes 53 seconds and an arc length
of 53.22 feet, being subtended by a chord of South 63 degrees 36
minutes 26 seconds West for a distance of 52.49 feet;
6)
South 47 degrees 07 minutes 29 seconds West for a distance of
29.57 -feet;
alcna a curve to the right having a radius of 87.50 feet a
central angle of 60 dearees 57 minutes 06 seconds and an arc length
of 93.08 feet, being subtended by a chord of South 77 degrees 36
minutes 03 seconds West for a distance of 88.76 feet to the west line
of the said Lot .i;
THENCE leaving the said south line, along the said west line
of Lot 1, non-tangent from the previous curve, North OQ degrees 07
minutes 45 seconds West for a distance of 280.16 _-feet to the .north
line of the said Lot 1;
THENCE along the said north line of Lot 1, Forth 89 degrees 42
minutes 30 seconds East for a distance of 659.13 feet to the Point of
beginning. containing 2.4B4 Acres more less.
The above described tract is subject to all easements and righ,s o;
ways now existing or of record.
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EXHIBIT B
DESCRIPTION OF AN ACCESS AND MAINTENANCE EASEMENT TO BE CONVEYED
FROM THE CITY OF FORT COLLINS TO BROOKHAVEN HOMEOWNERS ASSOCIATION, INC.
A PARCEL OF LAND TO BE CONVEYED AS AN ACCESS AND MAINTENANCE EASEMENT,
LOCATED IN THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE LINE BETWEEN THE NORTHEAST CORNER OF SHADOWBROOK P.U.D.
SUBDIVISION AND THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 24 TO BEAR
S00016'27"W, SAID LINE BEING MONUMENTED ON ITS NORTH END BY A NO. 4 REBAR WITH
AN ILLEGIBLE RED PLASTIC CAP, AND ON ITS SOUTH END BY A 3-1/4" ALUMINUM CAP
STAMPED LS 34995 AT A WITNESS CORNER LOCATION ON LINE AND 30.00 FEET NORTH
OF THE TRUE SIXTEENTH CORNER LOCATION, BASED UPON GPS OBSERVATIONS AND
THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTHEAST CORNER OF SHADOWBROOK P.U.D. SUBDIVISION;
THENCE S00016'27"W, A DISTANCE OF 24.60 FEET TO A POINT ON THE SOUTH LINE OF
THAT TRACT DESCRIBED IN THE RULE AND ORDER RECORDED MARCH 15, 2002 AT
RECEPTION NO. 2002028943;
THENCE ALONG SAID SOUTH LINE, THE FOLLOWING THREE (3) COURSES:
1. S70019'05"W, A DISTANCE OF 201.96 FEET;
2. 48.28 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 67.83
FEET, A CENTRAL ANGLE OF 40.46-41", AND A CHORD WHICH BEARS S49055'44"W A
DISTANCE OF 47.26 FEET;
3. 51.18 FEET ALONG THE ARC OF A REVERSE CURVE HAVING A RADIUS OF 127.50
FEET, A CENTRAL ANGLE OF 23-00-00", AND A CHORD WHICH BEARS S41°02'24"W, A
DISTANCE OF 50.84 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE, 36.44 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 127.50 FEET, A CENTRAL ANGLE OF
16022'31", AND A CHORD WHICH BEARS S60043'40"W A DISTANCE OF 36.32 FEET;
THENCE N 15043'1 1"W, A DISTANCE OF 10.48 FEET;
THENCE N74004'35"E, A DISTANCE OF 35.28 FEET;
THENCE S16031'59"E, A DISTANCE OF 2.09 FEET TO THE POINT OF BEGINNING.
CONTAINING 253 SQUARE FEET, MORE OR LESS, AND BEING SUBJECT TO ALL
EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE
AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION.
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 00 REGIS
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS 0
P.O. BOX 580, FORT COLLINS, CO 80522
o 311159 6:
S:\Engineering\Departments\Survey\Projects\Park 8 Recreation\
Mallard's Nest\Legals\Esmt to HOA.docs '
SipN...NO.
EXHIBIT OF
AN ACCESS AND MAINTENANCE EASEMENT TO BE
CONVEYED FROM THE CITY OF FORT COLLINS TO
BROOKHAVEN HOMEOWNERS ASSOCIATION, INC.PT. OF
COMMENCEM'T,
NE COR. OF
SHADOWBROOK
P.U.D., FOUND NO.4
REBAR W ILLEGIBLE
RED PLASTIC CAP
EASEMENT TO BE o0
CONVEYED TO THE NCITYOFFORT
EASEMENT TO BE COLLINS (PARCEL 1)
CONVEYED TO THE 76 SO. FT.
CITY OF FORT
COLLINS (PARCEL 2) r•'
CITY OF FORT COLLINS
177 SO. FT.
MALLARD'S NEST i
NATURAL AREA) NREC. NO. 2002028943 Zp196
T 5-j0
py"W
a I
EASEMENT TO BE l D
i CONVEYED TO 11Z
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of z
BROOKHAVEN
c 40'46'41"
N
Z
HOMEOWNER'S ASSN. /% /
R=67.83'
JULY 20 2016
m
m
253 SO. FT.3
L=48.28'1"-40' i o
o P ChB=S49'55'44"W moo
ChL=47.26' o <
N mA--23'00'00"
R=127.50' BROOKHAVEN
L=51.18' HOMEOWNERS'
N74'04'35"E / ChB=S41'02'24"W ASSOCIATION
ChL=50.84'
N 35 28-„St 6'31'59"E
2.09'
N15043'11"W
T. of p0 R GIS.
BEGINNING
e; 10.48 A-16'22'31" .
N R=127.50' G .mi WITNESS COR. TO NE
L=36.44' 0 31169 0 COR. SEC 24-7-69
v v .-+ a; THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY FD 3-1/4- ALUM CAPeCh8=S60'43 40 W REPRESENT AND AUGMENT THE ATTACHED PROPERTY D
I_ STAMPED LS 34995LChL=36.32' DESCRIPTION. IT DOES NOT REPRESENT A o
1'
Si ... . g MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. cgV/{LLpN 38-51-102. IN THE EVENT OF DIFFERENCES BETWEEN n
THIS EXHIBIT AND THE ATTACHED PROPERTY NE COR.
DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE SEC 24-7-69
ATTACHED PROPERTY DESCRIPTION TAKES PRIORITY. TRUE POSITION
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