HomeMy WebLinkAbout027 - 04/04/2000 - AUTHORIZING THE CONVEYANCE OF TEMPORARY CONSTRUCTION EASEMENT AND NON-EXCLUSIVE EASEMENT FOR STORM D ORDINANCE NO. 27, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TEMPORARY
CONSTRUCTION EASEMENT AND NON-EXCLUSIVE
EASEMENT FOR STORM DRAINAGE FOR REGISTRY RIDGE P.U.D.
IN THE COLINA MARIPOSA NATURAL AREA
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located southeast of the intersection of Trilby Road and Shields Street in southwest Fort Collins,and
known as the Colina Mariposa Natural Area("the Natural Area"); and
WHEREAS,as a result of changes in plans and circumstances since the original approval of
the Registry Ridge P.U.D. (the"P.U.D."), modifications to the size and location of storm drainage
facilities for the P.U.D.have been determined to be desirable by City staff and the developer of the
P.U.D. (the"Developer"); and
WHEREAS, when the Developer donated to the City in 1995 portions of the Natural Area
adjacent to the P.U.D.,the Developer reserved construction and storm drainage easements that were
intended to provide for the development requirements for the P.U.D.,to be modified if necessary to
accommodate changes to the final plans for the P.U.D.; and
WHEREAS, in order to accomplish the modifications described above, a temporary
construction easement over the 3.933 acres of the Natural Area described on Exhibit "A" (the
"Temporary Construction Easement"), and a permanent storm drainage easement over the 9.320
acres of the Natural Area described on Exhibit "B"(the "Permanent Easement"), both of which
exhibits are attached hereto and incorporated herein by this reference,will be required from the City,
to supplement existing easements that had previously been reserved by the Developer; and
WHEREAS, because future modification of the reserved easements, if necessary, was
anticipated by the City and the Developer as part of the conveyance of the subject property by the
Developer in 1995,staff has recommended that no compensation be required for the conveyance of
the easements as set forth herein; 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 Permanent
Easement,under the terms and conditions set forth above,are in the best interest of the City of Fort
Collins.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey to the Developer the Temporary Construction Easement and the Permanent
Easement, consistent with the terms and conditions described above.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
March, A.D. 2000, and to be presented for final passage on the 4th day of April, A.D. 2000.
Mayor
ATTEST:
0 . .
City Clerk
Passed and adopted on final reading this 4th day of April, A.D.,�000.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
The City of Fort Collins, a Colorado municipal corporation,being the owner of certain real
property situate in the County of Larimer, State of Colorado over which the easement herein
conveyed extends by virtue of the deed recorded at reception number 98033428 in the Larimer
County Records, in consideration of Ten Dollars ($10.00) in hand paid, the receipt of which is
hereby acknowledged,and other good and valuable considerations,does hereby transfer and convey
to U.S. Home Corporation, a Delaware Corporation, a temporary construction easement over and
across the property described on Exhibit A attached hereto and by this reference made a part hereof,
for the purpose of constructing storm drainage facilities on the permanent drainage easement
adjacent to this construction easement granted by the City of Fort Collins to DALCO Land Limited
Liability Company by Grant of Easement of even date herewith.
Upon the completion of the storm drainage facilities in the permanent drainage easement and
the acceptance of all such facilities by the City of Fort Collins, the easement herein granted shall
terminate and be of no further effect.
Dated: 11999 CITY OF FORT COLLINS,
a Colorado Municipal corporation
By:
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged to before me by
as ofthe City of Fort Collins,a Colorado Municipal corporation,
on this day of 11999.
Witness my hand and official seal
My commission expires:
Notary Public
F\WPCU.AL\DALCO\EASEMNTS\GPANT2.EAS
10/28/99
EXHIBIT
A
(Page 1 of 3)
THE SF,ARZROWN• GROUP
FULL-SEWACE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS,COLORADO $0521.2603
970•A634922 PAX.970.4W6965
DESCRIPTION: (TEMPORARY ACCESS AND CONSTRUCTION EASEMENT)
An easement located in the West Half of Section 14,Township 6 North,Range 69 West of the 6th
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the West line of the Northeast Quarter of Section 14 as bearing South 00004132" East
and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of said Section North thence along said West line, South
00004132" East, 1796.26 feet;thence departing said line,North 8 being the East,50.00 feet to a point
OF
on the East right-of-way South South
Shields Str" East,290 77 feeaid rt to point on Ca curve concaveEhto he
thence leaving said line, 225-00 Southwest having a central .angle of 4ears
5 feet thenc O alo b the a of said curve 29t1.39 feet to a Point Ona
South 52 38 51 East, entral angle of 11'25'51",a radius of 685.00 feet
reverse curve concave to the Northeast having a c
and the chord of which bears South 21°s ,43"72. East, ;thence,South thence4°48'43'"East,97 83 fect mo e
136.66 feet;thence,South 26058'yig East,72.31 feet; said point
or less to a point on the Westerly right-of�*'aY line of the East
having
a Burlington tral an le of 04'04'03", a
being a point on anon-tangent curve concave to the East having 508.50 feet;thence along
radius of 7164.19 feet and the chord of which be�azs South�urs9esland istances,along the arc of said
said Westerly,right-of--way line by the following two(2) said line, North
curve 508.59 feet; thence, South 11107'14" West, 82824 feet; thence departing
oint on
78052'46" West, 107.00 feet more or less;thence,North 11°07'14a radius of 7271e19 feeet to a t and the
a curve concave to the]Jost having a central ang5.lefe�2th�e,along the are of said curve 315.96
chord of which bears North 12021,55"East, n-tangent curve
o a point on a no
feet;thence radial to
a centralNorth angle of 01 32'26", a radiustof 7296.19 feet and a chord of
concave to the g
which bears North 14°22'50"East, 196.18 feet;thence along the are of said curve 196 concave to feet;the
nce
along a non-tangent line,N angle of 11 25'5 Point
1 ,a radius of 715.00 feet and the chord of which bears
Northeast having a central
North 210I5'43" West, 142.41 feet; thence along the are Of said cury 142-65 feet
of 74 12e08", a radius Of195-00 feet
reverse curve concave to the Southwest having o a point on a
a central angle
thence along the arc of said curve
and the chord of which bears North 52°38'51" West,235.26 feet; right-Of-way line of
252.54 feet; thence,North 89044'55" West,290.60 fee to
me,North 00°04int on said F32"West,30.00 feet to
PO
South Shields Street thence along said East righ- Y
the POINT OF BEGINNING.
NEW YORK•PENNSYLVANIA
COLORADO•UTAI 1•W YOMING EOUAI OPPORTUNITY EMPLOYER
STANDARDS IN EXCELLENCE
`.';��,
EXHIBIT
A
(Page 2 of 3)
e above described easement contains 3.933 acres more or less and is subject to all easements and
rights-of-way now on record or existing.
871002ac_wpd
9102/99 R.A.N.
r
t'
SEAR-BRO.INN
TEMPORARY ACCESS AND CONSTRUCTION EASEMENT
AN EASEMENT BSMP 6 NQRTH A PARTpRANGE 69 WESTF THE WEST LF OF
OF THE
SECTION 14, TOWN
6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
EXHIBIT COUNTY OF LARIMER, STATE OF COLORADO.
A I /
(Page 3 of 3) N 09'55'28" E /
rw... P.O.C. II 50.00'
NORTHWEST CORNER THE EAST R/W /
SECTION 14-6-69 A P.O.B. LINE OF SOUTH /
FND. 3-1/2" ALUM. 1 SHIELDS STREET
CAP IN RANGE BOX r. /
L_S. 20103 0 5 89'44'55" E
-----------`r tIw z90.`77' cS 26'58'38" E
J
aaw HOME rucHw0 OfavE WWI . 2.31'
Q N 89'44'55w /
r ----- -------w n
o 1 290.60' S/74'48'43`IE
N 00 04'32" W 95.83' /
!p uj
3, 30.00' $' �a
zll
1 = , N 2658'38" W
h
wl�� 51.55' V
i W w
N 76 W
2 .00'5.00' '
�
• In WI II U
K
a i i ADDITIONALR/W
e vz
0
o:
�r
WEST 1 4 CORNER
SECTION 14-6-59 I� w
FND. 2-1/2" ALUM.
CAP IN RANGE BOX
L.S. 17662 '� z
f tv
� r 3�
r
\ >? w z SCALE: 1.' = 300'
a DATE 9-02-99
Qm
N
i I N 78'52'46' W
107.00' ti
I I too' I
CURVE TABLE
o CURVE DELTA RADIUS BEARING CHORD LENGTH
n CAI 4 Z5.00 5 52�8'51" 271.49 291.39
665.00 E 1 6.4 136 6
CA2 11'2551' 509.50 su"s
CA3 4 7164.19 5 13m9'16, W
NOTE: NO RECORDED OR EXISTING CA4 0 9'23' 7x71.19 N 1271S5 E 315.92 31595
z EASEMENTS SHOWN HEREON. CA5 0+'32'2Y 7296.19 Nis 50" 197-41 196.19
4165
CAB 1176 715.00 N 2195'4 " IN 14Z.41 142.65
8-02-1999 ItI1N CST-1192-0172
95 OD 2 B
EXHIBIT "B"
GRANT OF PERMANENT EASEMENT
The City of Fort Collins, Colorado, a Colorado municipal corporation, being the owner of
certain real property situate in Latimer County,Colorado,over which the easement herein conveyed
extends by virtue of the deed recorded at reception number 98033428 in the Larimer County
Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby
acknowledged and other good and valuable consideration does hereby dedicate,transfer,and convey
to DALCO Land Limited Libility Company, a Colorado limited liability company, a permanent
drainage easement over and across the property situate in the City of Fort Collins, County of
Larimer, State of Colorado, more particularly described on Exhibit A, attached hereto and by this
reference made a part hereof.
Dated: , 1999 CITY OF FORT COLLINS, COLORADO,
a Municipal corporation
By:
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged to before me by
as of the City of Fort Collins, Colorado, a Municipal corporation, on this_
day of 11999.
Witness my hand and official seal
My commission expires:
Notary Public
F'\WPCLLLAL\DALCOAEASEMNTSVPERM-DP-A_EAS
10/28/99
EXHIBIT
A
(Page 1 of 2)
THE SEAR-BROWN-GROUP
FUL -SUVICE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS.COLORADO 80521-2603
970'4i2-5922 FAX:970-ae263M
DESCRIPTION: (PERMANENT DRAINAGE EASEMENT)
An easement located in the West Half of Section 14,Township 6 North,Range 69 West-of the 6th
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more
particularly described as follows.
. Considering the West line of the Northeast Quarter of Section 14 as bearing South 00004'32" East
and with all bearings contained herein relative thereto: '
Commencing at the Northwest corner of said Section 14; thence along said West line, South
00004'32"East,2641.00 feet to the West Quarter comer of said Section 14; thence departing said
line,North 89053'08" East, 75.00 feet to the POINT OF BEGINNING, said point also being the
Northeast comer of that Drainage and Grading Easement reserved by Dalco Land Limited Liability
Company, in Special Warranty Deed recorded at Reception No. 98033428; thence leaving said
easement,North 44948134"East,206.59 feet;thence,North 5611 1T30"East,92.86 feet;thence,North
73028'10" East, 129.30 feet; thence,North 33*2729" East, 106.38 feet; thence, North 43°20'50"
East,51.47 feet;thence,North 4925'01"East 117.72 feet;thence,North 88°58'34"East,40.06 feet;
thence, South 751 10'14" East, 75.87 feet more or less to a point on the Westerly right-of-way line
of the Burlington Northern Railroad,said point being a point on a non-tangent curve concave to the
East having a central angle of 03°42'3211,a radius of 7164.19 feet and the chord of which bears South
1205890"West,463.67 feet; thence along said Westerly,right-of-way line by the following two (2)
courses and distances,along the arc of said curve 463.75 feet;thence,South 11007'14"West,770.07
feet;them departing said line,North 78°52'46" West, 106.36 feet;thence,North 27009'18"West,
234.18 feet;thence,North 24°23'14" West, 147.10 feet; thence,North 44°29'29" West, 92.27 feet
to the Northeast comer of that parcel described in Book 2005, at page 0038; thence along the North
line of said parcel, North 89*5372" West, 100.00 feet to a point on the East right-of-way line of
South Shields Street said line being 30-00 feet East of the West line of the Southwest Quarter of said
Section 14;thence along said East right-of-way line,North 00006'38"East,44.38 feet to an angle
point on the East Right-of-way line of East Shields Street;thence along said East Right-of--way line,
South 8905372"East,20.00 feet to a point on the West line of said Drainage and Grading Easement
reserved by Dalco Land Limited Liability Company, in Special Warranty Deed recorded at
Reception No. 98033428; thence along the West, Southeasterly and Northeasterly Iines by the
following three(3)courses and distances, South 00°06'38"West,0.21 feelt;thence,North 74°18'43"
East, 207.82 feet;thence,North 33 056'07" West,312.52 feet to the POINT OF BEGINNING.
The above described easement contains 9320 acres more or less and is subject to all easements and
rights-of-way now on record or existing.
SEAK-BKU W N
PERMANENT DRAINAGE EASEMENT
AN EASEMENT BEING A PART OF THE WEST HALF OF
SECTION 14, TOWNSHIP 6 NORTH, RANGE 69 WEST OF
THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO.
r EXHIBIT
P.O.CWE. A
NORTHST CORNER ; (Page 2 of 2)
SECTION 14-6-69
FNO. 3-1/2" ALUM.
CAP IN RANGE BOX
" r
L.S. 20103
ROR Nnwc R1CMARO DwVE N or ,-r----
_'- ��N 88'58'34" E
------------- ----I w ` ` 40.06'
N ;; S' 75.10.14H E
PONT OF r
1,1� 75.87' r
Q BEGNIG
C2�I N 49'25'01" E %
j''^zl 117.72'
�-
t�w , N 43'20'50" E
to �A' 51.47 \ r
z N 33 27'29` E 1�
WEST 1/4 CORNER 106.38' r
SECTION 14.6-69 m y 2 N 73"28'10* E
FND. 2-1/2 ALUM. -IN 129-30' '
CAP IN RANGE BOX p�I
LS. 17662 v)# c,
S 89'53'08" E Qm � N 56'17'30" E
75.00' v 6 r
ADDITIONAL y %N 44'48'34" E
„\W" `rim , 206 59'
RIGHT-OF-WAY Wa
S 89.53'22" E I Z �o ti0`? j 20 A
20.00' �o
N 00006'38" E
44.38' I N 7418'43I E ^
THE EAST R/W . ?07.92t r
LINE OF SOUTH S 00'06'38"," A:
SHIELDS STREET/ C 21• i
N 8953'22" W U SCALE: 1" = 300'
100.00' 1 A DATE 9-02-99
900K 2005. - m m y r
PAGE 0038 I N r o r a
' N N
N 44'29'29' W I N,
92.27' i z z
N 78"52'46" W J '
106.36' t 'o&
CURVE TABLE
CURVE DELTA RADIUS BEARING CHORD LENGTH
G1 I Djj2m g t W 46167 4R172f
NOTE: NO RECORDED OR EXISTING EASEMENTS
EXCEPT AS SHOWN HEREON.
OF-02-IM RAN CST-1192-0472
•c: