HomeMy WebLinkAbout004 - 02/18/1997 - AUTHORIZING THE GRANT OF NON-EXCLUSIVE EASEMENTS FOR UTILITY AND DRAINAGE AND A TEMPORARY CONSTRUCTI ORDINANCE NO. 4, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO GRANT NON-EXCLUSIVE EASEMENTS FOR
UTILITY, AND DRAINAGE AND A TEMPORARY CONSTRUCTION EASEMENT
TO LAND SOURCE LLC AT THE COLLINDALE GOLF COURSE
WHEREAS, the City of Fort Collins is the owner of the land known as Collindale Golf
Course (CGC) located at 1441 East Horsetooth Road in Larimer County, Colorado; and
WHEREAS, during an eminent domain proceeding for the Lemay Avenue Extension in
1985, the Findings of Fact, Judgment and Decree in such proceeding entitled the predecessor in
interest of Land Source LLC to seek an easement when necessary to install a sanitary sewer line
across the golf course property when the Seller's property was developed; and
WHEREAS, Land Source LLC is developing its property adjacent to Collindale Golf Course
and needs a sanitary sewer and drainage easement for this development as described in Exhibit"A",
attached hereto and incorporated herein by this reference, and also desires a drainage easement as
described in Exhibit `B", attached hereto as incorporated herein by this reference, as well as a
temporary construction easement as described in Exhibit "C", attached hereto and incorporated
herein by this reference; and
WHEREAS, City staff and the developer have negotiated a proposed cooperative agreement
to provide a clear separation between the development and the golf course by the construction of
earthen berms and require the developer to improve and maintain the drainage easement area; and
WHEREAS,the cost that will be incurred by the developer to construct the earthen berms,
landscaping, and irrigation improvements, which will benefit both the golf course and the
development, is estimated at$15,324; and
WHEREAS, the value of all the easements is $16,700, based on the land value; and
WHEREAS, under the terms of the proposed agreement, the City would waive the $7,667
cost for the ten foot drainage easement in exchange for the improvements provided by the developer,
and the developer will pay to the City the amount of$9,033; 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 disposition of real property owned by the City will not materially
impair the viability of the utility system as a whole if the property is part of the system and that the
sale is in the best interest of the City of Fort Collins; and
WHEREAS, the property to be encumbered by the proposed easements is not part of the
City's utility system.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the above described sale and conveyance of the foregoing easements for
utilities, drainage and temporary construction is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute one or more easement agreements
conveying to Land Source LLC a sanitary sewer and drainage easement as described in Exhibit"A",
a drainage easement as described in Exhibit `B", and a temporary construction easement as
described in Exhibit "C", all in exchange for the payment of Nine Thousand and Thirty Three
Dollars ($9,033) to the Golf Fund, and upon such other terms and conditions as are consistent with
this Ordinance.
Introduced, considered favorably on first reading, and ord red published this 4th day of
February, A.D. 1997, and to be presented for final passage on t 8tJx'day of Febr y, .D. 1997.
Mayor t
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of Fla , A.D. 199
Mayor
ATTEST:
Ala
City Clerk
EXHIBIT "A"
A Sanitary Sewer and Drainage Easement on, over, across and under a portion of the Northwest
Quarter of Section 31, T7N, R68 W, of the 6th P.M., City of Ft. Collins, Latimer County, Colorado.
More particularly described as follows:
Considering the North line of the Northwest Quarter of said Section 31 as bearing N 90°00'00" E
as determined by monuments found at the Northwest Corner and at the North Quarter Corner of said
Section 31, and with all bearings contained herein relative thereto.
Commencing at the Northwest Corner of said Section 31. thence S 43°45'45" E 1830.92 feet;thence
S 21000'40" W 212.05 feet;thence S 60'19'00" E 85.94 feet to a point on the Easterly Right-of-way
of Lemay Avenue said point being on the North line of a tract as described in Book 1314, Page 524;
thence along said line S 60°19'00" E 124.06 feet to the TRUE POINT OF BEGINNING of this
easement; thence S 00°00'00" E 1018.08 feet to a point on the North Line of Golden Meadows
Subdivision Second Filing according to the plat recorded in Book 1951, Page 776-778 in the records
of the Larimer County Clerk and Recorder and THE TRUE POINT OF BEGINNING of this
easement; thence along said line S 89°44'11" E 947.38 feet; thence departing from said line N
03049'03" W 30.08 feet; thence N 89'44'11" W 619.65 feet; thence N 03°54'43" W 32.86 feet;
thence S 86°05'17" W 324.24 feet; thence S 00°00'00" E 39.16 feet to the TRUE POINT OF
BEGINNING.
The above described easement covers 0.81 Acres ± and is subject to any and all conditions,
easements and Rights-of-Way which may exist or be of record.
EXHIBIT "B"
A Drainage Easement on, over and across a portion of the Northwest Quarter of Section 31, T7N,
R68W,of the 6th P.M., City of Ft. Collins, Latimer County, Colorado. More particularly described
as follows:
Considering the North line of the Northwest Quarter of said Section 31 as bearing N 90°00'00" E
as determined by monuments found at the Northwest Corner and at the North Quarter Comer of said
Section 31, and with all bearings contained herein relative thereto.
Commencing at the Northwest Corner of said Section 31: thence S 43°45'45" E 1830.92 feet; thence
S 21 000'40" W 212.05 feet;thence S 60'19'00" E 85.94 feet to a point on the Easterly Right-of-way
of Lemay Avenue said point being on the North line of a tract as described in Book 1314, Page 524;
thence along said line S 60019'00" E 124.06 feet to the TRUE POINT OF BEGINNING of this
easement; thence S 00°00'00" E 978.92 feet; thence N 86'05'17" E 10.02 feet; thence N 00°00'00"
W 978.23 feet; thence N 90°00'00" W 10.00 feet to the TRUE POINT OF BEGINNING.
The above described easement covers 0.22 Acres t, and is subject to any and all conditions,
easements and Rights-of-Way which may exist or be of record.
EXHIBIT "C"
A Temporary Construction Easement on, over and across a portion of the Northwest Quarter of
Section 31, T7N, R68W, of the 6th P.M., City of Ft. Collins, Larimer County, Colorado. More
particularly described as follows:
Considering the North line of the Northwest Quarter of said Section 31 as bearing N 90°00'00" E
as determined by monuments found at the Northwest Corner and at the North Quarter Corner of
said Section 31, and with all bearings contained herein relative thereto.
Commencing at the Northwest Corner of said Section 31; thence S 43°45'45" E 1830.92 feet;
thenceS 21°00'40" W 212.05 feet;thence S 60°19'00" E 85.94 feet to a point on the Easterly Right-
of-way of Lemay Avenue said point being on the North line of a tract as described in Book 1314,
Page 524; thence along said line S 60°19'00" E 124.06 feet; thence S 00°00'00" E 1018.08 feet to
a point on theNorth Line of Golden Meadows Subdivision Second Filing according to the plat
recorded in Book 1951, Page 776-778 in the records of the Larimer County Clerk and Recorder,
thence along said line S 89'44'11" E 947.38 feet; thence departing from said line N 03°49'03" W
30.08 feet to the TRUE POINT OF BEGINNING of this easement; thence continuing N 03°49'03"
W 20.05 feet; thence N 89'44'11" W 619.68 feet; thence S 03°54'43" E 20.05 feet; thence S
89044'11" E 619.65 feet to theTRUE POINT OF BEGINNING.
The above described easement covers 0.28 Acres f and is subject to any and all conditions,
easements and Rights-of-Way which may exist or be of record.