HomeMy WebLinkAbout046 - 04/02/2002 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR STORM DRAINAGE FOR PEAK VIEW DEVELOPMENT ORDINANCE NO. 046, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR STORM
DRAINAGE FOR PEAK VIEW DEVELOPMENT ACROSS OVERLAND TRAIL PARK IN
EXCHANGE FOR CONVEYANCE OF A .25 ACRE TRACT OF LAND
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located southeast of the intersection of Overland Trail Road and west Elizabeth Street, and known
as Overland Trail Park (the "Park"); and
WHEREAS, Peak View Development (the "Development') is a residential development
planned adjacent to a portion of the north property line of the Park, which needs to convey
stormwater flows to a pond located in the Park; and
WHEREAS, in order to install a drainage pipe between the Development and the Park, a
permanent storm drainage easement across the Park as described on Exhibit"A" (the "Easement'),
attached hereto and incorporated herein by this reference, will be required from the City; and
WHEREAS,in exchange for the Easement,BLS Development,LLC shall convey to the City
a .25 acre tract of land, improved with landscaping and irrigation, to be included in the Park; 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
interests 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,under the terms and conditions set forth
above, is 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 BLS Development, LLC the Easement consistent with the terms and
conditions described above.
Introduced, considered favorably on first reading, and ordered published this 19th day of
March, A.D. 2002, and to be presented for final passage on the 2nd day,d April, A.D. 2002.
2 A?
Mayor
A TEST:
City Clerk
Passed and adopted on final reading this 2nd day of April, A.D. 2002.
Mayor
ATTEST: �p
a r _
City Clerk
Exhibit"A"
PEAK VIEW DEVELOPMENT
A PORTION OF LAND LOCATED IN THE SOUTHEAST '/4 OF SECTION 16, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO:
CONSIDERING THE SOUTH LINE OF PEAK VIEW SUBDIVISION, LARIMER COUNTY,
COLORADO AS BEARING S 89°36'48" W WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
COMMENCE AT THE SOUTHEAST CORNER OF PEAK VIEW SUBDIVISION, LARIMER
COUNTY, COLORADO;
THENCE RUN S 89°36'48" W ALONG THE SOUTH LINE OF SAID PEAK VIEW
SUBDIVISION FOR A DISTANCE OF 25.64 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S 89°36'48" W ALONG SAID SOUTH LINE FOR A DISTANCE OF
206.67 FEET;
THENCE LEAVING SAID SOUTH LINE RUN S 85°41'16" E FOR A DISTANCE OF 182.39
FEET;
THENCE RUN S 00°05'03" E FOR A DISTANCE OF 238.97 FEET;
THENCE RUN S 36°25'35" E FOR A DISTANCE OF 105.03 FEET;
THENCE RUN N 53°34'25" E FOR A DISTANCE OF 20.00 FEET;
THENCE RUN N 36"25'35" W FOR A DISTANCE OF 98.47 FEET;
THENCE RUN N 00"05'03" W FOR A DISTANCE OF 238.99 FEET;
THENCE RUN N 29°28'20" E FOR A DISTANCE OF 9.76 FEET TO THE POINT OF
BEGINNING.
CONTAINING 8,428 SQ. FT.
Easement Exhibit
PEAK VEW 5119MMON
POINT OF BEGI NINC POINT OF
BASIS OF BEARING
N 29'28'76'20" E COMMENCEMENT
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S 89*36'48" W Ile
206.67 /
182.39 B,428 sq. It. /7
S 69'36'48' W
25.64'
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N Date R e v i s i o n e 1 3a0te02 Prepared for. Project`: 00044.010
PartnaChief peak View Subdivision
Computed by
N Frederick Land Surveying, Inc.
rOW^ 1520 North Lincoln Avenue -Suite 2
SMN Loveland, Colorado 80536
sale (970) 669-2100 — FAX (970) 669-3725
1 40'