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Home My WebLink About202 - 12/18/2001 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE UTILITY, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS A ORDINANCE NO. 202, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE UTILITY, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS AT FORT COLLINS-LOVELAND MUNICIPAL AIRPORT FOR THE LOVELAND-FORT COLLINS INDUSTRIAL AIRPARK 9TH SUBDIVISION WHEREAS,the City of Fort Collins and the City of Loveland each own an undivided fifty percent share of that certain real property known as the Fort Collins Loveland Airport (the "Airport"); and WHEREAS, Centre Point, LLC ("Centre Point") wishes to acquire a non-exclusive utility easement under and through a portion of the Airport as described on Exhibit"A", attached hereto and incorporated herein by this reference (the "Utility Easement"), for installation of utilities associated with the development of the Loveland-Fort Collins Industrial Airpark 9th Subdivision (the "Subdivision"); and WHEREAS, Centre Point wishes to acquire a non-exclusive drainage easement across a portion of the Airport as described on Exhibit`B",attached hereto and incorporated herein by this reference(the"Drainage Easement"), for the storm drainage associated with the development of the Subdivision; and WHEREAS, Centre Point wishes to acquire a non-exclusive temporary construction easement across a portion of the Airport as described on Exhibit "C", attached hereto and incorporated herein by this reference(the"Temporary Construction Easement"), for work associated with the construction of utility and drainage improvements to serve the Subdivision; and WHEREAS, Centre Point received final approval for the Subdivision from the Loveland Planning Commission earlier in 2001,but cannot proceed with the development of the Subdivision without acquiring the Utility Easement, the Drainage Easement and the Temporary Construction Easement (collectively, the "Easements"); and WHEREAS, City and Airport staff have determined that the proposed Easements will not have a negative impact on the Airport, and have further determined that the improvements to be constructed by Centre Point will be advantageous for the Airport; and WHEREAS, in exchange for the Easements, Centre Point has agreed to make certain improvements to the Airport's retention pond desired by the Airport at no cost to the Airport; and WHEREAS,in view of the benefits to the Airport City and Airport staff have recommended that no compensation be required for the grant of the Easement; 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 Easements 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 the Easements interest to Centre Point upon the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2001, and to be presented for final passage on the 18th d of December, A.D. 2001. a ayor TEST: Zak k&Lav City Clerk Passed and adopted on final reading this 18th day of December, A.D. 2001. Mayor A EST: - 144.414 - City Clerk EXHIBIT "A" , page 1 of 2 ARCHITECTURE 5285 McWhinney Blvd.,Suite 190 ENGINeeRIN, Loveland.CO 80538 PLANNING 970A61.2800 phone d SEAR B R OWN 970.461.2801 fax CONSTRUCTION www.searbrown.com DESCRIPTION: UTILITY EASEMENT A utility easement being a portion of TRACT B, BARNSTORM SECOND ADDITION, located in Section 28, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Loveland, County of Latimer, State of Colorado being more particularly described as follows: Considering the East line of said BARNSTORM SECOND ADDITION as bearing South 00°08'45" West(recorded as South 00°32'09" W) and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 28; thence, South 77°14'27" West, 416.95 feet to the POINT OF BEGINNING; thence, North 90100'00" West, 30.00 feet; thence, North 00°00'20" East, 65.57 feet; thence,North 87°30'58" West, 1185.61 feet; thence,North 87°34'41" West, 400.01 feet; thence, North 87027114" West, 485.70 feet; thence,North 03°02'54" East, 24.41 feet to a point on the South line of an existing 20 foot wide sanitary sewer easement recorded at Book 1846, Page 102 on file at the office of the Larimer County Clerk and Recorder; thence along said South line, South 87°32'13" East, 2100.02 feet; thence, South 00°00'20" West, 89.56 feet to the Point of Beginning. The above described easement contains 1.249 acres more or less and is subject to all easements and rights-of-way now on record or existing. April 16, 2001 ut-easemnt.doc 207-002 jaa EXHIBIT "A", page 2 « 2 2lz O � k � « > it owl W LL — m \ In d &FP � 2 � § gym• : < — ` §! zd � B L O C_K J _ :5 o ■§ ' � _ C4 n v & — - - - - - - - - -- - - - 0 2 MS o k) 11 f - - - |2 00a � 01 \/5 _ 2| 20 \ 0 f & E 0 � Z � � §c 8� ` § ■, « « Z w CD !■§T o a. ■ z � rkd & \ ))� � o § §*|k7 2mwCYwLL 88 § w §!§. xocoz = o z W z o � - � kU0 � § �) § LL � w � § � 2m ■ w § K §_ 2m o « ■ C m! 0 R kWw22 PP 2 W � « 0CD > 22 § # @ � C o < _j ,§z § . § // � Z o Z b (0 C4. § \/ b } § gym| / f 2 2 ƒ \ § c d» ( t �)( 2 �))\ � w g § . 0) � @%j\ / �)4 / »o•__-in eE e EXHIBIT "B", Page 1 of 2 nno ut r c7 u"[: 5285 McWhinney Blvd.,Suite 190 rNG"Nl I "N(' Loveland,CO 80538 rrs,NNwcs 970.461.2800 phone SEAR BROWN 970.461.2801 fax www.searbrown.com DESCRIPTION: DRAINAGE EASEMENT A drainage easement being a portion of TRACT B, BARNSTORM SECOND ADDITION, located in Section 28, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Loveland, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said BARNSTORM SECOND ADDITION as bearing South 00°08'45" West (recorded as South 00°32'09" West) and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 28; thence along the East line of said TRACT B, BARNSTORM SECOND and the West line of LOVELAND-FORT COLLINS INDUSTRIAL AIRPARK 9th SUBDIVISION, South 00°08'45" West, 35.38 feet to the POINT OF BEGINNING; thence, continuing along said line, South 00°08'45" West, 1047.08 feet; thence, departing said line, North 89°51'15" West, 30.00 feet; thence, North 00°08'45" East, 581.35 feet; thence, South 89°56'05" West, 241.29 feet; thence, North 90°00'00" West, 244.12 feet to a point on a curve concave to the Northeast having a central angle of 90°13'41", a radius of 80.00 feet and the chord of which bears North 44053109" West, 113.36 feet; thence along the arc of said curve 125.98 feet; thence, North 00°13'41" East, 255.73 feet to a point on a curve concave to the Southeast having a central angle of 83°35'02", a radius of 80.00 feet and the chord of which bears North 50°44'13' East, 106.63 feet; thence along the arc of said curve 116.71 feet; thence, South 89°59'40" East, 76A5 feet; thence, North 00°00'20" East, 5.70 feet; thence,North 90°00'00" East, 354.23 feet; thence, North 31'55'53" East, 66.96 feet; thence, South 89°51'15" East, 46.92 feet to the Point of Beginning. The above described easement contains 5.995 acres more or less and is subject to all easements and rights-of-way now on record or existing. April 16, 2001 drn-ease.doc 207-002 jaa EXHIBIT "B", Page 2 of 2 EXHIBIT A TRACT OF LAND BEING A PORTION OF BARNSTORM SECOND ADDITION LOCATED IN SECTION 28, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN, CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO. BK 1846.PG 102 EAST QUARTER COR. 28-8-6a ,. 20' HIDE SANITARY FND. NO.6 REBAR W/ALUM. CAP SEWER EASEMENT LS 14923 THE NORTH LNE OF THE N Bn2'13' W (NORTH LNE BARN SOUTHWEST QUARTER OF STORM SECOND ADDITION) S 0 35 38�" W NCBB'34'S8'TION 6E88 — N 31'55'53" E 66. — — — — — S 89.59,40 E ' DINT • -- • I-- • • DELTA-8335'02' 76.45 N 90ro0'00• E vu •w•u• RADIUS-80.00' S4. 31/ — LENGTH-116.71' BEGINNIN CHORDOON 50'44'13" E S 89'�1'15" 106.63' LOVELAI DI FORT COLLINS N o roo'zo" E 70' iM ,663PczaIN USTRIAL AIRPARK f0' M,OE UTKUTY * 0 SEMEN11 EASEMENT Y' UBDIVISION 8 — DRAIN EASEMENT z / 269 52 acres 2 5.995 acres 0 N 90ro0'Oo" W S 89;58'o5�w $ it DELTA-9013'41' 3 RADIUS-80.00' 244.12' 241.29' "- LENGTH-125.98' 3 DI CHORDOON 44153'09' W a 1 11&36' in BARNSTORM SECOND n 8 I�� ADDITION, TRACT B w U) I l l a Ica CO 4 \ 8 Z EAST LIN OF BARNSTORM SECO D ADDITION AND THE WES LINE OF CENTRE POINT BDIVISION BASIS OF BE RINGS (N 00.08.4 " E) 3 N 89'51'15" W z SCALE- 1••200' 30.00' _ — — — — — — —— — — — —I- - ar 0000SEAR -70�WN 0 0 5285 McWhinney Boulevard N Suite 190 d Loveland, CO. 80538 SOUTHEAST cOR. 2a-6-ea z (970)461-2800 FND. 3-1/2" BRASS CAP o www.searbrown.com APRIL 16, 01 JAA EXHIBIT "C" , page 1 of 2 nrtc rnrecru"c 5285 M<Whinney Blvd,Suite 190 r N61N at UNC, Loveland,CO 80538 FIANN Ns 970.461.2800 phone SEAR' BROWN 970.4612801 fax CONS I IIU�I ION -- www.searbrown.com i DESCRIPTION: CONSTRUCTION EASEMENT A construction easement being a portion of TRACT B, BARNSTORM SECOND ADDITION, located in Section 28, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Loveland, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said BARNSTORM SECOND ADDITION as bearing South 00°08'45" West (recorded as South 00°32'09" W) and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 28; thence, South 78°05'29" West, 446.26 feet to the POINT OF BEGINNING; thence, North 89p59'40" West, 30.00 feet; thence, North 00°00'20" East, 36.84 feet; thence, North 87°30'58"West, 1156.88 - feet; thence,North 87°34'41" West, 400.02, thence, North 87°27'14' West, 485.73 feet; thence, North 02°32'46' East, 30.00 feet; thence, South 87°27'14" East, 485.70 feet; thence, South 87°34'41" East, 400.01 feet; thence, South 87°30'58" East, 1185.63 feet; thence, South 00°00'20" West, 65.57 feet to the Point of Beginning. The above described easement contains 1.452 acres more or less and is subject to all easements and rights-of-way now on record or existing. October 18, 2001 Const-ease.doc 207-002 jaa JOB NO. 207-002 const—ease.DWG EXHIBIT "C" , page 2 of 2 0 CD O S CA N al # W 2 fq 0 arO CAN � ca m 0 I CD D L^ AN sK r-> m �acCa > m + 17 ry C) ? • . f 0 f �O W cc cc z 3 cc W Q C) CD o > o m ' CA ox —N{ W {4 S C v WTI c Z Z 0 NLn � z'm z r > > 0 Z I Oz0 O � � ' �� can Z D � C' wN`'r}�i0mN rm > co p m K I�:I � u z CID m m Z owc co O -Zi �YI gyF * — > A --i W 0 on ' I ; � Z Z C + � I C � MN m -iZ n SS I OM Z - i j 'n > O z m I w� �' mNmx m H1 $N'Qmy1 z + c I m r (D . z � m m I m � 'iz m 4125 8 rnm * cm � sni; S I m Mc Pg m2zoz z gig x 3E � o ae v) ni � o / cN - - - - - - 0mz OD oil W N IS (yy = Z Z > iR9 cc) CS v SM my9 O W '-I ' Ns W r 0 mSRI, C > -q co 50 Z'> �p r A z N