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Home My WebLink About050 - 04/16/2024 - APPROVING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF PERMANENT STORORDINANCE NO.050,2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF PERMANENT STORMWATER IMPROVEMENTS ON CITY PROPERTY TO DHIC-ENCLAVE,LLC A.The City owns a parcel of real property located southeast and adjacent to the intersection of Conifer Street and Redwood Street as shown and described on Exhibit “A”,attached and incorporated herein by reference (the “City Property). B.DHIC-Enclave,LLC (the “Developer”)intends to develop vacant land near the City Property for a 238-unit residential development known as the Enclave at Redwood (the “Development”),and a portion of the Development will use the Redwood Detention Pond as an off-site stormwater detention facility. C.The Developer has submitted plans for the Development to the City (the “Development Plans”),which have been reviewed by City staff and are in the final stages of the development review process.As part of that process City staff asked the Developer to acquire a temporary construction easement for the Development to allow for certain work within the City Property to improve the Redwood Detention Pond. D.The temporary construction easement to the Developer covers 189,996 square feet of the City Property as shown and described on Exhibit “B”,attached and incorporated herein by reference (the “TCE”).The TCE will allow Developer to enlarge the Redwood Detention Pond to provide approximately 6 acre-feet of additional stormwater storage,while the Development would only require approximately 1.5 acre- feet of storage. E.The TCE will allow the Developer to access the City Property to construct improvements to the existing Redwood Detention Pond consistent with the City’s master drainage plan improvements,including the removal of existing stormwater infrastructure, significant re-grading,increased storage capacity,improved functionality,enhanced natural habitat,trees,and vegetation. F.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. G.In addition,Section 23-114 of the City Code requires that any sale or other conveyance of property interests approved under section 23-111(a)be for an amount equal to or greater than the fair market value of such interest. H.City staff estimates the value of the TCE at $75,998;however,staff also estimates that the work the Developer will do on the City Property in the TCE has a value —1— of approximately $408,846.While City staff anticipates reimbursing the Developer for a portion of that work for enhanced vegetation and storm mains as part of ordinary City expenses for stormwater,staff has recommended that the City convey the Easements to the Developer for no additional monetary compensation. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The City Council finds that granting the TCE to the Developer on the terms and conditions described herein is in the best interests of the City. Section 2.The City Council authorizes the Mayor to execute such documents as are necessary to convey the TCE to Developer 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 TCE,as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced,considered favorably on first reading on April 2,2024,and approved on second reading for final passage on April 16,2024. 74~ ATTEST: Interim City Clerk Effective Date:April 26,2024 Approving Attorney:Ryan Malarky EXHIBIT A TO ORDINANCE NO.050,2024 City Property Description: Parcel 1:4.02 acres,more or less,located in the 5/2 of Section 1,T7N,R69W,6Lh PM,Larimer County,Colorado,being more particularly described as Tract A,Replat of Evergreen Park Second Filing recorded June 13,1977,in Book 1775,Page 584,Clerk and Recorder’s Records,Larimer County,Colorado. Parcel 2:2.064 acres,more or less,located in the £12 of Section 1,T7N,R69W,6tI~PM,Larimer County,Colorado,being more particularly described in that certain Warranty Deed recorded August 31,1990,at Reception No.19900039473,Clerk and Recorder’s Records,Larimer County, Colorado. Location Address: Vacant Land located in the 5/2 of Section 1,T7N,R69W,6th PM,Larimer County,Colorado. Assessor Parcel Number: 9701436901 and 9701400931 Map: I I I II ii ,~,,..o4 c rfl~~,,~sTeIt~A*4 EVERGREEN PARK 3R0RPLTC,i.12 ntamIs ftGRE9I ~RK3~I ;PLTRFLTLI N-s I I \I!I \ IL 1 ItI liml (aLAN,inflAri H EXHIBIT B TO ORDINANCE NO 050 2024 SITUATED IN THE SOUTH 1/2 OF SECTION 1 TOWNSHIP 7 NORTH1 RANGE 69 WEST OF 6TH P.M.,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO A PARCEL OF LAND BEING TRACT A OF THE REPLAT OF EVERGREEN PARK SECOND FlUNG RECORDED IN BOOK 1775 AT PAGE 584 AND A POR11ON OF THAT UNPLA11ED LAND AS DESCRIBED IN THAT WARRANTY DEED RECORDED AT RECEP11ON NO.19900039473 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER’S OFFICE,SITUATED IN THE SOUTH HALF OF SECTION 1,TOWNSHIP 7 NOR11I,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN.CITY OF FORT COWNS,COUNTY OF LARIMER.STATE OF COLORADO,AND MORE PARTiCULARLY DESCRIBED AS FOLLOWS: BASS OF BEARINGS:BEARINGS ARE BASED ON THE NORTh LINE OF SAID SOUTHEAST QUARTER OF SEC11ON 1, MONUMENTED AT THE NORTHWEST CORNER OF SAID SOUThEAST QUARTER BY A 3.25—INCH ALUMINUM CAP DOWN FEET BELOW THE ROAD SURFACE OF REDWOOD STREET.AND AT ThE NORTHEAST QUARTER OF SAJD SOUTHEAST QUARTER BY A 3.25 INCH ALUMINUM CAP DOWN 0.5’IN A RANGE BOX IN NORTH LEMAY AVENUE,AS BEARING SOUTH 89’06’12 EAST,WITH ALL BEARINGS HERON RELATiVE; COUUD~ONG AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SEC11ON 1;THENCE SOUTH 59’07’33~ WEST,A DISTANCE OF 114.26 FEET TO THE NORTHWEST CORNER OF SAID TRACT A AT ThE INTERSECTiON OF THE EAST RIGHT OF WAY OF REDWOOD STREET AND THE SOUTH RIGHT—OF—WAY OF CONIFER STREET,AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT—OF—WAY OF CONIFER STREET THE FOLLOWING TWO (2)COURSES: 1.ThENCE SOUTH 89’08’18~EASt A DISTANCE OF 365.52 FEET TO A POINT Of NON—TANGENT CURVA1TJRE; 2.THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT AN ARC LENGTH OF 39.30 FEET,SAID CURVE HAVING A RADIUS OF 89.17 FEET,A CENTRAL ANGLE OF 25’15’O8~,AND A CHORD WHICH BEARS NORTH 7537’2O~EAST A CHORD DISTANCE OF 38.98 FEET TO THE NORTHEAST CORNER OF SAID TRACT A; THENCE DEPARTING SAID SOUTH RIGHT—OF—WAY AND ALONG THE EAST BOUNDARY OF SAID TRACT A NON—TANGENT TO SAID CURVE,SOUTH 3O~5’39”EAST,A DISTANCE OF 1217 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND DESCRIBED IN THAT WARRANTY DEED RECORDED AT RECEPTiON NO.19900039473; ThENCE DEPARTiNG SAID EAST BOUNDARY OF TRACT A AND ALONG THE NORTH BOUNDARY OF SAID PARCEL OF LAND SOUTH 89’05’5t EAST,A DISTANCE OF 281.93 FEET; THENCE DEPARTiNG SAID NORTH BOUNDARY SOUTH OO’54’O3~WEST,A DISTANCE OF 55.00 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PARCEL OF LAND; THENCE ALONG SAID SOUTH BOUNDARY NORTH 89~O5’57 WEST,A DISTANCE OF 248.68 FEET TO A POINT ON SAID EAST BOUNDARY OF TRACT A; CON lt’IUED ON ~EET 2 I HARRIS ENCLAVE AT REDWOOD ~O~T$$201013 KOCHER Ck€CKEDBY SDGDRAWNBYJOC SMITH TEMPORARY CONSTRUCTION EASEMENT ~EET~~~JM9ER 1120 tE.co,5I’.&.O!~‘000 P302.623.000 F DESCRIPTION 1~CoIo’odo ~203 l~3H0j*1,K0Ch0.Ifl~Ih.C0fl, TH~ I 0.6 I S 0 II I I HIçg EXHIBIT B TO ORDINANCE NO 050,2024 CONTiNUED FRO)IS SHEET 1 1.ALONG THE ARC OF SAID CURVE TO THE LEFT AN ARC LENGTH OF 116.30 FEET,SAID CuRVE HAVING A RADIUS OF 438.61 FEET,A CENTRAL ANGLE OF 1511’31,AND A CHORD WHICH BEARS NORTH 21’49’44” WEST A CHORD DISTANCE OF 115.96 FEET; 2.ALONG A LINE NON—TANGENT TO SAID CURVE,NORTH 29’25’22 WEST,A DISTANCE OF 62.81 FEEt TO A POINT OF CUR VAT1JRE; 3.ALONG THE ARC OF SAID CURVE TO THE RIGHT AN ARC LENGTH OF 188.13 FEET.SAID CURVE HAVING A RADIUS OF 359.09 FEET,A CENTRAL ANGIE OF 3O’O1’03,AND A CHORD WHICH BEARS NORTH 1474’Sl” WEST A CHORD DISTANCE OF 185.98 FEET; 4.NORTH O0’35’41’EAST.A DISTANCE OF 14.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 189,996 SQUARE FEET OR 4.36 ACRES,MORE OR LESS. PREPARED BY:S1IAWN 0.CLARKE.PLS CO /j 38061 SCLARKEcHKSENG.COM ON BEHALF OF:HARRIS KOCHER SMITH 1120 UNCOLN SWEET.SUITE 1000 DENVER,Co 80203 303.623.6300 NO11CE:ACCORDING TO COLORADO LAW,YOU MUST COMMENCE ANY LEGAl.ACTiON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN ThREE (3)YEARS AFTER YOU RRST DISCOVER SUCH DEFECT.IN NO EVENT MAY ANY ACTiON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN lEN (10)YEARS FROM THE DATE OF THIS CERTIFICATE SHOWN HEREON. HARRIS ENCLAVE AT REDWOOD PR0~CT#201013 KOCHER CHECKED BY SDCDRAWNBYSOC SMITH TEMPORARY CONSTRUCTION EASEMENT ~EET NUMBER 120 Iw,co4nS,,..l 5u~1,l~ ~20)S2fl30O1 303h2).431 DESCRIPTION 2O.iw.,Coodp~203 20F3HO.7~WDCMl~.fl ft Con HI<g SITUATED IN THE SOUTH 1/2 OF SECTION 1,TOWNSHIP 7 NORTH,RANGE 69 WEST OF TH~ 6TH P.M.,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO HENCE ALONG SAID EAST BOUNDARY THE FOllOWING THREE (3)COURSES: 1.SOUTH 30’15’OO~EAST,A DISTANCE OF 3.20 FEET; 2.ThENCE SOUTH 4403’21 EAST,A DISTANCE OF 263.54 FEET; 3.THENCE SOUTH 25’49’O4 WEST.A DISTANCE OF 127.25 FEET TO THE SOUTHEAST CORNER OF SAID TRACT A; THENCE ALONG ThE SOUTH BOUNDARY OF SAID TRACT A NORTH 8W32’lO WEST,A DISTANCE OF 451.23 FEET TO A POINT OF NON—TANGENT CURVATuRE ON THE AFORESAID EAST RIGHT—OF—WAY OF REDWOOD STREET AND THE 2 SOUTHWEST CORNER OF SAID TRACT A; ThENCE ALONG ThE WEST BOUNDARY OF SAID TRACT A AND THE EAST RIGHT—OF—WAY OF REDWOOD SWEET THE FOlLOWING FOUR (4)COURSES: I “I I I I EXHIBIT B TO ORDINANCE NO.050,2024 PARCEL 189.996 SQ.FT.OR 4.36 AC.± CITY OF FORT GOWNS TRACT A REPLAT OF EVERGREEN PARK SECOND FlUNG 8001<1776 PAGE 584 N88’32’1 0”W 451.23’ REPLAT OF ThE MEADOWS AT REDWOOD PUD PHASE I RECEPTION NO.19860072002 S89’O5’57”E 281.93’ CITY OF FORT COLUNS RECEPTION NO.19900039473 N89’05’57”W 248.68’ UNPLATJED LAND DHIC—ENCLAVt LLC RECEPTION NO.20210113768 SITUATED IN THE SOUTH 1/2 OF SECTION 1,TOWNSHIP 7 NORTH,RANGE 69 WEST OF TH~ 6TH P.M..CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO //POINT OF COMMENCENENT C1/4 SECTiON 1 UN R69W rF0UND 3.25*ALUMINUM CAP /IN RANGE BOX.DOWN 0.6’ “C1/4 Si LUND LS 34995 2015” P~NT OF ~QNNINGJz~ NE 1/4 SEC 1 ,,Ei/4 T7N R69W ~‘ CON/FIR S1R(E~ (8OCMDC PC/RI/C ROW) CORNER SECTION 1 UN R69W FOUND 3.25”ALUMINUM CAP IN RANGE BOX,DOWN 05’ ILLEGIBLE N LI$W .27/4 .rc~-1~ / /BSIScrBEARINGS /s8.90fl2T 2641635’ / ~L1 I 2 I L=39.30’- R=89.17’ á=25’15’08” CbB=N7537’20”E ChL=38.98’ SE 1/4 SEC 1 T7N R69W -i LNO0~35’41”E S8T08’18”E 365.52’ 14.55’ SW 1/4 SEC I L=188.13’UN R69W R=359.09’ A=30’01’03” ChB=N14’24’51”W ChL=185.98’ ‘3.4 L=116.30’ R=438.61’ A=1511’31” ChB=N21’49’44”W V~’ChL=11 5.96’ H 4S30’15’0O”E 3.20’ 4.4. .4 I 0S I I I 0.3 S I LINE BEARING LENGTH LINE BEARING LENGTH LI S30’15’39”E 12.17’L2 S00’54’03”W 55.00’ AIlS E~NI8IT DOES NOT REPRESENT A eAONUMEN1ED LAND SURWY. IT IS INIENDED TO DEPICT ONLY ThE AUAC*€D DESCRIP11ON. fl 100 HI<g 0 100 200 SCALE:I’=100’ HARRIS ENCLAVE AT REDWOOD PROJECT#201013 KOCHER G~EQ(EDBY SOCDRAWNBYJOG SMITH TEMPORARY CONSTRUCTION EASEMENT ~EET NUMBER 1120 l~acol,Sfl*t ~*I~ p.x,.,,3a,oo .aonnoi,ILLUSTRATION 3Den,.’.Co1o,0doe0203 30F3HoniKach.’Snilh.com