HomeMy WebLinkAbout113 - 07/20/1999 - AUTHORIZING CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR THE CONSTRUCTION OF FLOOD CONTROL STRUCTURES ORDINANCE NO. l 13, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR
THE CONSTRUCTION OF FLOOD CONTROL STRUCTURES
IN AND ALONG THE POUDRE RIVER IN THE ARCHERY RANGE NATURAL AREA
TO BOXELDER SANITATION DISTRICT
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located in Larimer County, Colorado, known as the Archery Range Natural Area ("the Natural
Area"); and
WHEREAS, the Boxelder Sanitation District (the 'District") wishes to acquire a non-
exclusive easement under and through a portion of the Natural Area as described on Exhibit "A",
attached hereto and incorporated herein by this reference("the Easement"), for the construction and
maintenance of flood control structures in cooperation with the U.S. Army Corps of Engineers, to
reduce the risk of flood damage in the sewage treatment lagoons of the District adjacent to the
Easement; and
WHEREAS,in exchange for the Easement,the District has agreed to pay to the City the sum
of Eight Hundred Dollars, which has been determined to be the fair market value of the Easement;
and
WHEREAS, the District has further agreed that, as a condition of the conveyance of the
Easement, the District will ensure that all rip rap put in place as part of the subject project will be
covered by soil and promptly revegetated with native vegetation, as part of the project; and
WHEREAS,the District has also agreed that any trees damaged or removed as a result of the
project will be replaced at a three - to - one ratio by the District; 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 Easement is in the best interest of the City of Fort
Collins.
Section 2. That the Mayor is authorized to execute such documents of conveyance as
are necessary to convey the Easement interest to Boxelder Sanitation District upon the terms and
conditions described above.
Introduced,considered favorably on first reading,and ordered published this 6th day of July,
A.D. 1999, and to be presented for final passage on the 20th day of July, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 1999.
? �f< f /r
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
EASEMENT DESCRIPTION
FOR
A parcel of land being part of the East Half of the Northeast Quarter(E1/2
NE1/4) of Section Twenty-eight (28), in Township Seven North (T.7N.), Range
Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6thP.M.), in Larimer
County, State of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Comer of said Section 28 and assuming the North
Line of the Northwest Quarter of Section 34 as bearing 89026'18" East a distance
of 2645.46 feet with all other bearings contained herein relative thereto:
THENCE North 1601 T56" West a distance of 4415.74 feet to the TRUE POINT OF
BEGINNING:
Said Point TRUE POINT OF BEGINNING is on the Boundary of Boxelder
Sanitation District and The City of Fort Collins property. The point is South
63030'00" West 129.84 feet along that property line to the intersection of the West
line of the East 1/2 of the Northeast 1/4 of said section twenty eight (28).
THENCE North 63030'00" East a distance of 228.37 feet;
THENCE South W54'55" East a distance of 47.09 feet;
THENCE South 52049'30" West a distance of 111.15 feet;
THENCE South 62445'07" West a distance of 100.61 feet;
THENCE North 24054'11" West a distance of 64.40 feet to the TRUE POINT OF
BEGINNING.
Said described easement contains 0.288 Acres, more or less (t) and is
subject to any right-of-way or other Easements as granted or reserved by
instruments of record or now existing on said described parcel of land.
Robert G. Flynn
Boxelder Sanitation Distnct
Fort Collins Co. 80522
(9 r'0) 498-0604
Page 1 of 3
TEMPORARY CONSTRUCTION
EASEMENT DESCRIPTION
The Easement being part of the East Half of the Northeast Quarter(E 1/2 NE 1/4) of Section Twenty-
eight (28), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal
Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as
follows:
BASIS OF BEARINGS:Assuming the North line of the Northeast Quarter (NE 1/4) of Section 28 as
bearing North 89017'00"West with all other bearings contained herein relative to said line:
Beginning at the Northeast Corner of said Section 28 bear South 47025'44" West a distance of
1,312.19 feet to the TRUE POINT OF BEGINNING:
THENCE South 63030'00"West a distance of 382.27 feet;
THENCE South 63051'00"West a distance of 9.16 feet to the West line of the E % NE 1/4:
THENCE South 00025'25" East along said West line a distance of 306.61 feet;
THENCE North 56013'58" East a distance of 506.94 feet;
THENCE North 69119'42" West a distance of 75.36 feet;
THENCE North 00055'08" West a distance of 172.93 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 2.30 Acres, more or less (U and is subject to any rights-of-
way or other easements as granted or reserved by instruments of record or as now existing on said
described parcel of land.
Robert G. Flynn
Boxelder Sanitation District
P. O. Box 1518
Fort Collins, CO 80522
(970)498-0604
Page 2 of 3
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
POM OF BEG0%NG
NORTH EAST' CORNER
NORTH EAST 1/16T7i CORNER OF SEC.28 T.M. R.eBW.
OFSEC.28 T.7N. R68W. N89017'00"W
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