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Home My WebLink About113 - 09/19/2000 - AUTHORIZING THE CONVEYANCE OF NONEXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF AN OFFSITE SEW ORDINANCE NO. 113, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF AN OFFSTTE SEWER LINE RELATED TO THE LINDEN PARK DEVELOPMENT IN FOSSIL CREEK WETLANDS NATURAL AREA WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located in Larimer County, Colorado, known as the Fossil Creek Wetlands Natural Area (the "Natural Area"); and WHEREAS,as a condition of its approval for the Linden Park Development,the Developer, TM ONE, LLC, is required to obtain easements and rights-of-way for the installation of a sanitary sewer line for the collection and service of sanitary sewer and wastewater to the Development and other nearby areas to be developed in the future; and WHEREAS,in order to install the sanitary sewer line,the Developer has requested a 100-foot wide temporary construction easement and a 20-foot wide permanent sewer line easement, over portions of the Natural Area as described respectively in Exhibits"A"and`B",attached hereto and incorporated herein by this reference(the"Temporary Construction Easement"and the"Permanent Easement'); and WHEREAS, the Developer has worked with City staff to locate and plan the construction of the proposed sewer line in order to minimize disturbance to the Natural Area,and has negotiated an Temporary Construction Easement Agreement conveying the Temporary Construction Easement to TM ONE,LLC,a draft of which,dated September 5,2000,is on file in the office of the City Clerk and available for public inspection (the "Temporary Easement Agreement'), and which includes specific conditions governing the timing and extent of construction activities, and site reclamation requirements; and WHEREAS,the South Fort Collins Sanitation District(the"District')has worked with City staff to negotiate an Easement Agreement conveying the Permanent Easement to the District,a draft of which,dated September 5, 2000, is on file in the office of the City Clerk and available for public inspection (the"Easement Agreement'), which includes specific conditions governing the ongoing operation, maintenance and repair of the proposed sewer line; and WHEREAS, in exchange for the grant of the Temporary Construction Easement and the Permanent Easement, the Developer has agreed to pay to the City the fair market value of those Easements, which staff has determined to be $6,413; and WHEREAS,the Developer has agreed to pay to the City its costs of relocating raptor perches and trees and shrubs, which are estimated to be $700, and to pay to the City the additional amount of $6,713 for management of areas impacted by the construction, which will be reseeded by the Developer in accordance with City specifications; and WHEREAS, staff recommends approval of the Temporary Construction Easement and the Permanent Easement in view of the resource protection measures to which the Developer and the District have agreed, and because any resulting disturbance will be minor and short-term, and will not affect sensitive vegetation or sensitive wildlife species; 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 Temporary Construction Easement and the Permanent Easement, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Temporary Easement Agreement and the Easement Agreement,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2000, and to be presented for final passage on the 19th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of September, A.D. 2000. Mayor r)rn T'm ATTEST: City Clerk EXHIBIT A PAGE 1 OF 2 CITY OF FORT COLLINS CONSTRUCTION EASEMENT A 100' WIDE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T6N, R68W; AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO BEAR S8900110011W, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE OF SECTION 18 S89001'00"W, 1922.59 FEET; THENCE S00059'00"E, 30.00 FEET TO THE POINT OF BEGINNING; THENCE S02000'58"E, 1045.07 FEET ALONG THE WEST LINE OF PARAGON ESTATES; THENCE S83007'34"E, 70.76 FEET ALONG THE SOUTHWEST LINE OF PARAGON ESTATES,- THENCE S62026'51"W, 227.23 FEET TO THE NORTHEASTERLY LINE OF THE EXISTING SANITARY SEWER EASEMENT AS DESCRIBED IN BOOK 1714, PAGE 440; THENCE N27033'13"W, 100.00 FEET ALONG SAID EXISTING SEWER EASEMENT,- THENCE N62026'51"E, 86.70 FEET,- THENCE N02000'58"W, 1028.16 FEET PARALLEL WITH AND 100 FEET WEST OF THE WEST LINE OF PARAGON ESTATES THENCE N89001'00"E, 100.02 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2.74 ACRES MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. SURVEYOR'S STATEMENT I, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for and on behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit accurately represent the results of a survey made under my responsible charge and prepared in accordance with applicable laws of the State of Colorado at the time of this survey, to the best of my knowledge, information and belief. q�se9sFt' rJeF>..� Robert L. Hahn, P.L.S. bate EX IBITA PAGE 2 C F2 TEMPORARY COI ISTRUCTION EAf EMENT EXHIBiT CI OF FORT COLL NS HAHN AMES SUBDIVISION i POINT OF COMMENCEMENT N.E. CORNER LOT 5 LOT 4 LOT 3 LOT 2 SEC. 18, T6N, R68W N89'01'00"E 100.02 30.00' OE BASIS OF BEARINGS MBYROAD - S69ro1'00'W 1922.59' NOR7H 114 — — —L 50'PROPOSED JO'FAIS77NO CORNER SEC. 18, W. I POINT OF HALF R.O W NALF R.O. T6N, R68W BEGINNING I i TRACT A LOT 18 N ' i 80'PRI✓AX ACCESS£AS£A/£NT &ORA/NAOE EASEMENT I LOT >7 U TRACT 8 Z 2 100 0 100 200 N C7 i scc e 1 0 feet O UN c c I Olt M TRACT D PAMOM ESTATES P.UR uwA1 D I IN N A I OD O 01 �I SOU7H FORT COLONS SAN/TAnow D/S7R/CT '�'i•, ; 20'U&ITY EASEMENT TRACT C S83.07'34"E 70.76' LOT 9 N27'33'13"W 6• 100.00' ' y, ;•, ' Sy216 2� LOT 8 2l ,•. UlLAti® „. IN,. �.i TST, INC. caiwexq Enynrn en/99 EXHIBIT B PAGE 1 OF 2 CITY OF FORT COLLINS EASEMENT A UTILITY EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T6N, R68W; AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO BEAR S89001'00"W, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE OF SECTION 18 S89001'00"W, 1943.61 FEET; THENCE S00059'00"E 30.00 FEET TO THE POINT OF BEGINNING,- THENCE N89001'00"E, 20.00 FEET; THENCE S02000'58"E, 1045.07 FEET ALONG THE WEST LINE OF PARAGON ESTATES; THENCE S62026'51"W, 168.86 FEET TO THE NORTHEASTERLY LINE OF THE EXISTING SANITARY SEWER EASEMENT AS DESCRIBED IN BOOK 1714, PAGE 440; THENCE N27033'09"W, 20.00 FEET ALONG SAID EXISTING SEWER EASEMENT,- THENCE N62026'5I"E, 156.25 FEET; THENCE N02000'58"W, 1032.82 FEET PARALLEL WITH THE WEST LINE OF PARAGON ESTATES TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.55 ACRES MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. SURVEYOR'S STATEMENT I, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for and on behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit accurately represent the results of a survey made under my responsible charge and prepared in accordance with applicable laws of the State of Colorado at the time of this survey, to the best of my knowledge, information and belief. <y<�<<t 'Ifill1j. ' r Ro ert L. Hahn, P.L.S. Date EX IBIT B PAGE 2 C F 2 UTI EASEMENT EXHIBIT C OF FORT COU JNS HAHN AO MS StWIKS/ON POINT OF COMMENCEMENT N.E. CORNER LOT 5 LOT 4 LOT 3 LOT 2 SEC. 18, T6N, —- R68W N89'01'00" S00'59'OOE 20.00' ----- - Moo' - --------- ----- {y,�^, BASIS OF BEARINGS MLBY ROAD Y S69'01'00"W 1943.61' NORTH 114 / so'PROPOSEv L Jo'EwsnNc --�------- ---- CORNER SEC. 18. NT OF HALF R.O.W. HALF R.O.W. T6N p0/ , R58W POINT /NG i TRACT A LOT 18 N I` 60'PR7VAX ACCESS EASEMENT &ORA7NACC iEASEMENT LOT 17 z o I TRACT 8 100 0 100 200 tj C5 xde 1 -200 feet O C i 0D O: r4 TRACT D PARAWN ESTATES P= WN ATM 0 0 w -p� tJ Ln N o SOUTH FART COWNS SAAVTA nON CIS 7R/CT i 20'UnLlrr EASEMENT TRACT C i 26�1 LOT 9 N27'33'09"W r16256 y5 20.00' Sy22$g6 I\6 WMATM LOT 8 om TST, INC. e/7/N