HomeMy WebLinkAbout028 - 03/04/2003 - AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE DRAINAGE EASEMENT TO EAGLE CLIFFS, LLC AND APPROPRIATI ORDINANCE NO. 028, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE
DRAINAGE EASEMENT TO EAGLE CLIFFS, LLC AND APPROPRIATING THE
EASEMENT COMPENSATION AS UNANTICIPATED REVENUE
IN BUILDING COMMUNITY CHOICES CAPITAL PROJECTS FUND -
FOSSIL CREEK COMMUNITY PARK PROJECT
WHEREAS,the City of Fort Collins is the owner of the property known as the Fossil Creek
Community Park in Larimer County, Colorado (the "Park Property"); and
WHEREAS,Eagle Cliffs,LLC("Eagle Cliffs")wishes to acquire a non-exclusive easement
under and across a portion of the Park Property approximately 0.123 acre (or 5,342 square feet) in
size, as described on Exhibit "A", attached hereto and incorporated herein by this reference (the
"Easement Area") in order to construct, operate, maintain required storm drainage improvements;
and
WHEREAS,City staff has estimated that the fair market value of the requested easement is
$500, and Eagle Cliffs has agreed to compensate the City in that amount; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the
Council first finds by ordinance that any sale or disposition of that real property interest will be for
the benefit of the City's citizens, and will be in the best interests of the City; and
WHEREAS,Article V,Section 9,of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount of such supplemental appropriations,in combination with all previous
appropriations for that fiscal year,does not exceed the then current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS,City staff has determined that the appropriation of$500 from Eagle Cliffs, for
conveyance of the easement under and across a portion of the Park Property, to be added with
previously appropriated Building Community Choices funds, will not cause the total amount
appropriated in the Capital Projects Fund - Fossil Creek Community Park project to exceed the
current estimate of actual and anticipated revenues to be received during any fiscal year; and
WHEREAS, it is the desire of the Council to appropriate $500 received from Eagle Cliffs
for the above-described easement in the Building Community Choices Capital Projects Fund-Fossil
Creek Community Park project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the above described conveyance of a non-exclusive storm drainage
easement under and across the Easement Area is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of conveyance
as are necessary to convey a non-exclusive storm drainage easement under and across the Easement
Area to Eagle Cliffs,upon the terms and conditions described above,and subject to such other 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.
Section 3. That there is hereby appropriated from unanticipated revenue, upon receipt,
the sum of FIVE HUNDRED DOLLARS ($500), for expenditure in the Building Community
Choices Capital Projects Fund-Fossil Creek Community Park project.
Introduced, considered favorably on first reading and ordered published this 18th day of
February, A.D. 2003, and to be presented for final passage on the 4th,day of March, A.D. 2003.
1910
. u.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of March, A.D. 2003.
,r
Mayor . _... '.
ATTEST:
% N AL4 I A
City Clerk
-DRAINAGE EASEMENT EXHIBIT A ,E1/4 SECTION 12, T.6N., R.69W.
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Section 12, T.6N., R.E9W.
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Charles B. Jon( —•Q��behal a ffig rveyors, Inc.
Colorado Regisi �•,professional • o
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Land Surveyor #2 O�yAL Lp,NO
KING ,S'UPVEYORS,' INC. PROJECT NO:2001389
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 10/21/2002
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: NORTH STAR DESIGN
WVJW.KIN GSURVEYORS.COM DWG: 2001389-:'AS