HomeMy WebLinkAbout058 - 06/07/2005 - AUTHORIZING THE CONVEYANCE OF AN EASEMENT FOR A PEDESTRIAN BRIDGE FOR OPERA GARDENS LOFTS ORDINANCE NO. 058, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN EASEMENT
FOR A PEDESTRIAN BRIDGE FOR OPERA GARDENS LOFTS
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of certain
property known as the Civic Center Parking Structure (the "Parking Structure") as well as the
alley property between the Parking Structure and the Opera Galleria building; and
WHEREAS, a minor amendment to add two additional levels to the Opera Galleria
building for private residential units, called the Opera Gardens Lofts (the "Lofts"), has been
approved subject to the grant of rights needed to construct a pedestrian bridge from the new
portions of the Opera Galleria, across the alley, and attaching to the Parking Structure; and
WHEREAS, the developer of the Lofts (the "Developer") has requested that the City
grant an easement for the proposed pedestrian bridge (the "Easement"), which will be for private
use only, on and over that area more particularly described on Exhibits "A" and 'B", attached
hereto and incorporated herein by this reference (the "Easement Area"); and
WHEREAS, City staff has negotiated easement terms to provide for the Easement for a
period of up to 99 years, subject to termination by the City after the first 31 years, together with
additional terms, conditions and requirements, as shown in the Easement Agreement, a copy of
which, dated May 13, 2005, is on file in the office of the City Clerk and available for public
inspection; and
WHEREAS, the required compensation for the Easement, based on land value, the loss
of one parking space in the Parking Structure and the cost of reconfiguring parking spaces is
$26,000; and
WHEREAS, City staff has reviewed the proposed Easement and does not anticipate that
the conveyance of the Easement will result in any adverse impacts to the City or will interfere
with the City's operation of the Parking Structure or the alley; and
WHEREAS, the City has previously requested and negotiated with the owner of the
Opera Galleria (the "Owner") the granting of a separate easement to the City for the existing
City-owned pedestrian bridge that crosses the alley from the Parking Structure to the second
level of the Opera Galleria building, and City staff has recommended that the Council condition
the authorization of the proposed Easement upon the Owner's execution of this separate
easement to the City; and
WHEREAS, in 1998 in connection with the issuance of Lease Certificates of
Participation for the Civic Center Facilities, the Parking Structure was leased to Fort Collins
Capital Leasing Corporation ("FCCLC"), and the Bank of Cherry Creek, N.A. (the "Bank"),
acquired a security interest in FCCLC's leasehold interest, and as a result of these arrangements,
the consent of FCCLC and the Bank is required in order for the City to convey the Easement to
the Developer; 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
owned by the will be for the benefit of the City's citizens, and will be in the best interests of the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby finds that the conveyance of the Easement consistent
with the terms of this Ordinance will be for the benefit of the City's citizens, and further finds
that it will be in the best interests of the City of Fort Collins.
Section 2. That contingent upon the consent of FCCLC and the Bank, and further
contingent upon the Owner's execution of a satisfactory easement for the City's existing
pedestrian bridge between the Parking Structure and the Opera Galleria, the Mayor is hereby
authorized to execute the Easement Agreement and such documents of conveyance as are
necessary for the City to convey the Easement for the Opera Gardens Lofts pedestrian bridge,
consistent with the terms of this Ordinance, together with such additional terms and conditions
or modifications as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 17th day of
May, A.D. 2005, and to be presented for final passage on e th day of June, A.D. 5.
Ma
ATTEST:
- 40w�.
City Clerk
Passed and adopted on final reading on the 7th 4May
e, A
ATTEST:
i�,-UL .:� .. ., L
City Clerk
EXHIBIT "A" EXHIBIT "A"
Intermill Land Surveying
1301 N. Cleveland Ave.
Loveland, Colorado 80537
(970) 669-0516
Fax: (970) 635-9775
E-mail: intermill@gwest.net
PEDESTRIAN BRIDGE EASEMENT DESCRIPTION (Easement 1):
Situate in a portion of Tract `A' of the Replat of Lots 24 through 39, Block 21 to the City
of Fort Collins, County of Larimer, State of Colorado being more particularly described
as follows:
Considering the South line of Lot 8 of said Block 21 as Bearing South 89°58'48" West
and with the Vertical Benchmark in the City of Fort Collins, County of Larimer, State of
Colorado, set vertically in the East face of the Northeast comer of the Post Plaza Building
(Old Post Office), at 201 South College Street, and 0.5 meter(1.6 feet) South of the
Northeast corner of the building. 2.8 meters above the sidewalk to have an elevation of
4922.21, and with all bearings and elevations contained herein relative thereto:
Beginning at a point directly above the Southwest Comer of said Lot 8 at an elevation of
4948.00, said point also being on the Easterly Right of Way of a 20 foot Alley; thence
along the Easterly line of said Alley and the Westerly line of Lot 8 and Lot 9 of said
Block 21 North 00°00'00" West 28.49 feet at a minimum elevation of 4948.00, more or
less, to a point on the Westerly line of said Lot 9; thence departing said Easterly line and
the Westerly line of said Lot 9 over and across said Alley Right of Way North 90°00'00"
West 20.00' at a minimum elevation of 4948.00, more or less, to a point on the Westerly
Right of Way line of said Alley and the East Line of said Tract `A', said point also being
the TRUE POINT OF BEGINNING of an easement for a pedestrian bridge being located
at and above a minimum elevation of 4948.00 and rising vertically 22.00 feet to a
maximum elevation of 4970.00; thence along the Westerly fine of said Alley and the
Easterly fine of said Tract A North 00000'00" West 12.00 feet at a minimum elevation of
4948.00; thence departing said Westerly and Easterly line North 90000'00" West 6.42
feet at a minimum elevation of 4948.00, more or less, to a point on the exterior face of an
existing parking garage wall; thence along said wall North 00°00'00" West 6.49 feet at a
minimum elevation of 4948.00;thence departing the exterior face of said wall South
89049'43"West 0.72 feet at a minimum elevation of 4948.00, more or less, to the interior
face of said wall; thence along the interior face of said wall South 00°00'00" West 8.15
feet at a minimum elevation of 4948.00, more or less; thence departing said wall and
along the following (3) courses and distances all at a minimum elevation of 4948.00:
North 90000'00" West 18.50 feet;
South 00°06'26"East 13.00 feet;
South 90000'00" East 18.50 feet, more or less, to a point on the interior face of said wall;
thence along the interior face of said wall South 00°00'00" West 5.49 feet at a minimum
elevation of 4948.00; thence departing the interior face of said wall North 89047'55" East
0.76 feet at a minimum elevation of 4948.00, more or less, to the exterior face of said
wall; thence along the exterior face of said wall North 00°00'00" West 8.15 feet at a
Page 1 of 4
C:Ua dProje 3VM CONDO LEG LS W bridge a dx
EXHIBIT "A"
Intermill Land Surveying
1301 N. Cleveland Ave.
Loveland, Colorado 80537 _
(970) 669-0516
Fax: (970) 635-9775
E-mail: intermill@qwest.net
minimum elevation of 4948.00;thence departing said wall South 90000'00'East 6.36
feet at a minimum elevation of 4948.00, more or less, to a point on the Westerly Right of
Way line of said Alley and the Easterly line of said Tract A, and the TRUE POINT OF
BEGINNING.
Said easement contains approximately 336.9 square feet at and above a minimum
elevation of 4948.00 and lying below a maximum elevation of 4970.00 and is subject to
all existing easements and/or rights of way of record.
Page 2 of 4
C:\L.W PM 3\MIKAL CONDO LEO LS\5400 bride a tt
EXHIBIT "A"
EASEMENT EXHIBIT MAP
Easements 1 , 2 and 3 for Pedestrian Bridge
Situate in a portion of Block 21 of the City of Fort Collins,
County of Lorimer, State of Colorado
is&stoner in
Con.rel.d 5.0
rner1 oI00 ....
F
am I
1 L
I Las) I I
LL.
as
I
Existing Pope swan e.ia9e
ULL
I I I I
T
3 I
Ae
MINIMUM ELEV - 4942 49
T Approximate Locution Existing
G Q r°p of Concrete of wau of the oPer° Gallen° t2
.....�`�.C� on P°rkin9 Q 5 �3 and 3 Story Building)
O\\� Garage spot
` o A
G el evaton at O
4949 J6 LV G P A R C E L 2 a�
� MINIMUM ELEV = 4949.49
G ad
\ PAccess
arking
Garaget s sue. I — 20,00
-.. ,
_.. Esmt. 4" Esmt 2 Q���---
alla9� �
'Esmt. 3 P A R C E L 1
MINIMUM ELE'/ - 4949.49
Print 11-
-
. �e ry STOP of`Exiisting Parapet
f / Elevation a 4952.53
v, roxLnale Lusatian E,irom,a Carrier South Line of
VVoll of 4 Level Parking Stvctuee of Lot fist Cor Lout 9
u S89'5848'W
vf�Is�a'ern,.,It.meaes.
1..: t.•.:l I's Lt.;:
EXHIBIT MAP
SCALE: 1" = 10' TYPICAL SECTION
,,I it, 21, 2004 .Eamt3
Nat To Scale losin o rleones
1 He oe tined Im
o
j Eoaement]
lyef
__1YIDd__ f I I
Notes: ., r;::;: I le,.m.E.&P.oV'Is
p. see sheet z of 2 mr Additional mlnrmafon Nat mown E"I"I1•L�::EarntP i f oon.no 9umn oF^a
tlerean.
B. fl,ounnerta I, 2 & 3 din, for the purpose of a p,,,aidpad -
0thesf tuo n required landng fourth l v aof dd F,
onh er °pP 1 p ms from the abuskin,
us level °(°
pork g g.. g to 0 s'm ar level o( o bind ny across - -
_ an alley. �,{♦° i t „n Q`_��'
C. VERTCAL BENCHMARK: • --'- -- --a-in the C tY of Fort CoPns Courly of Lor mer State of
L,,arado, set vertically In the East face of the _
Nor'beaet c of the Post IBuilding (Old Post �-
amuu), r 201 e5outh 0°Ile9e Sbeet, and a s -star Tract 'A' 20' Alley Lot 9
P.6 feet) scrum of the Narmcaet name °f the Row
0u iri , 2.8 metere vi the unew°Ik ;e Considered frock 3ld MC tlFvr ec"v
hae °n eln.°Oor, of 4922.21 Nf LJ 'r �}1`
..,..n..,.�......nCil IEE �OFi...I..
EXHIBIT "A"
EASEMENT EXHIBIT MAP
Easements 1 , 2 and 3 for Pedestrian Bridge
Situate in a portion of Block 21 of the City of Fort Collins,
County cf Larlrner, State of Colorado
" I
II
_. I I
To
m II
-- — — — — — it —
I
I.a z <ca
a.
Existing Pede sbion Bridge
II I I
T
e
3 I I
zi,
L____J
o
...., ._ 9�InA _..' '' PARCEL a
�< Z MPJIIAU, ELEV 4949.49
A IT
- - \Q'.9`�`e — -- - -Approximate Location Existing-- - -- -- _-
G Q lap of Concrete W.11 or the Opera Golleria (2
�'•� (s5 on Pinking -� Q �3 and J Story Building)
Gom9e seat as u
N Access 4 .
PARCEL 2 .`CA
P Pk o69G9tyE le ton 6aNImUM ELEV = 49a 9.49 �a -J S
Top
Concre
Goa va19 ap t 494996_' 14 2000. /' Easement ,�\\0t`
.._ 'Esmt. Esmt 2 �I -- ---e�>s-------
0Q
Cali.gv \
fl:'alo.__ -Esmt. 3 P A R C E L 1
xnlnn m
o
MINNUM ELEV= 4949.49
..... .. . ..... ..I ::' '::: vllvvr I.om iruv : ::
"< Top
E- p of xlstin9 Parapet
f Elevation - 4952.53
Approximate Lacer on Existing vq of let Comer C.t a Line of
li ar 4 Level Porking Structure of Lot B Lot 9
/ 559'SB'49"W
non d al-srI"aaxme
Affiijurl T—
Ca"v r,pull lie" fa I .I
... -- T -
',
EXHIBIT MAP
SCALE i" = la' TYPICAL SECTION
21 2004 Not To Scale ..-Eamt3
o rn
.y Ij nelgm oenoea iorT
E---uL'a _T _I /I EvaemvnlJ
Notes: em1••••+:::G:.U'A�..., xm+m x P"Psty
Gnu<r ciatill al-
a see Sleet 2 ur 2 ror pamtronal mmrmanon lot SO�wn �..
E 1 E"mt2 a �.fruNw,
Ilereaa
B. Latium
e I 1, 2 k ] for thh lull.,. of I, pri-ts } 4 1 1e
,xidestion b'dg and resorted stipe ..,d .a'Ad �•
Q.
parki 9P9ara9e to pajunis pa sinter le'+el but to dultrltlbg ocrav
an auoy. Y4.�
I �Eiil CAL BENCHMARK Vb
In am Clty of Fort llyi e. County of ue oft, Stale al
c l....d. c l vx,of the
m me East mce or I(O _
he
Ill sl c at the Past Plap.Street
Bandlnq (Old Post "-
OrM1ce), t 201 a5ouln College Street. and 05 meter 2" ell
fey(eef) s—in or me Normeosr c re or ,,a tract 'A' F 0 Wey Lot 9
b:dmioq, 2.9 meters above the sidewolk rm considered swaµsaNvepaFMecYv
bare an elemllon or 4922-21
SHEET ►� OF _
EXHIBIT "B"
Intermill Land Surveying EXHIBIT "B"
1301 N. Cleveland Ave.
Loveland, Colorado 80537
(970) 669-0516
�\ Fax: (970) 635-9775
E-mail: intermill@qwest.net
PRIVATE PEDESTRIAN BRIDGE EASEMENT DESCRIPTION (Easement 2):
Situate in a portion of Block 21 of the City of Fort Collins, County of Larimer, State of
Colorado being more particularly described as follows:
Considering the South line of Lot 8 of Said Block 21 as Bearing South 89°58'48" West
and with the Vertical Benchmark in the City of Fort Collins, County of Larimer, State of
Colorado, set vertically in the East face of the Northeast corner of the Post Plaza Building
(Old Post Office), at 201 South College Street, and 0.5 meter (1.6 feet) South of the
Northeast corner of the building. 2.8 meters above the sidewalk to have an elevation of
4922.21, and with all bearings and elevations contained herein relative thereto:
Beginning at a point directly above the Southwest Corner of said Lot 8 at an elevation of
4949.49, said point also being on the Easterly Right of Way of a 20 foot Alley; thence
along the Easterly line of said Alley and the Westerly line of Lot 8 and Lot 9 of said
block 21 North 00°00'00" West 28.49 feet at a minimum elevation of 4949.49 to the
TRUE POINT OF BEGINNING of an easement for a pedestrian bridge being located at
and above a minimum elevation of 4949.49 and rising vertically 20.51 feet to a maximum
elevation of 4970.00; thence departing said Westerly and Easterly lines over and across
said Alley Right of Way North 90°00'00" West 20.00' at a minimum elevation of
4949.49, more or less, to a point on the Westerly Right of Way line of said Alley and the
Easterly line of Tract `A' of the Replat of Lots 24 through 39, Block 21 to the City of
Fort Collins; thence along the Westerly line of said Alley and the Easterly line of said
Tract A North 00000'00" West 12.00 feet at a minimum elevation of 4949.49; thence
departing said Westerly and Easterly lines over and across said Alley Right of Way South
90000'00" East 20.00 feet at a minimum elevation of 4949.49, more or less, to a point on
the Easterly Right of Way line of said Alley and the Westerly line of said Lot 9; thence
along said Easterly and Westerly lines South 00°00'00" East 12.00 feet at an minimum
elevation of 4949.49 to the TRUE POINT OF BEGINNING.
Said easement contains approximately 240.0 square feet at and above a minimum
elevation of 4949.49 and lying below a maximum elevation of 4970.00 and is subject to
all existing easements and/or rights of way of record.
Page 1 of 3
C:\land Ngeq 3WI1 LCONDO LEGALS\34M bridge cmtd
EXHIBIT "B"
EASEMENT EXHIBIT MAP
Easements 1 , 2 and 3 for Pedestrian Bridge
Situate in a portion of Block 21 of the City of Fort Collins,
County of Lorimer, State of Colorado
S89'49 43'W
Q �0.72 TRUE POINT OF
3 N00'00'00"W BEGINNING of Pedestrian
to
�.6.49' Bridge Easement at min.
ti `°
o elev. of 4948 to
o l✓ll L—6 42' max.
m % elev. of 4970
H9Qoo.2G..W-- Lit 9
jon
o oio /Easement 2
olm Easement 1 ol`d/
olm it r N90 oo'o0"w ^r—Easement3 ...
Irn 'a.00
L_ S90'00'00"E Ls 0'00 00 W _J
18.50--_11 6.36'
J N00'0O'00"W o
S00'00'00"W / �� 8.15 o
5,49' ' o
�IN 89'47 55"E i Lit
0.7fi
20' :Alley
as
��� All I
20,00 y
Southwest Corner
olo Easement 2 olN C% or Lot 8 t South Line of lot 8
o " o� S89'SB'48"W---
Zl OBI
U001'r14 yr'_ tIJ Last 9 Nail & Shiner in
20.00' _ Concrete at 5.0' offset N
from True Corner,
TRUE POINT OF Elevation = 4910.15
-- BEGINNING of Pedestrian 'plo
Bridge Easement at SCALE: I" 10'
6
min. elev. of 4949.49 =
to ri wilily. of 4970.0 e F List 6
South Line of Lot 8
Southwest Corner o(---% Sa9'S8'4B"W
Lot 8
Nail & Shiner in —— ---'------ 190.00.01
Concrete al 5.0' offset—' 7.00'
from True Corner, o° 3r 1;b Easement .3
Elevation = 4910.15 3
Easement 2 a
0l-
00 0
SCALE: 1" = 10' tIJ rro olq of--�
of
lC Al
Lot
Notes: TRUE POINT OF
BEGINNING for Access 159000'00"W
A. See sheet I of 2 for Additional Information Not Shawn Easement at min.
Hereon. Elevation of 4949.49 aim 7.00'
_ B. Easements 1, 2 & 3 a e for the purpose of o private
pedestrian bridge and real lancing, stairs and I 2,f`.2' Alley glr Lot P
atner opnorarus spannln9 f— the fourth level of ara
parking garage to u similar level of a holding across
on are, Southwest Corner
—
via
L. is City
BENCHMARK of Lot 8
In
am Cty of Fort Collins County of Lorimer. Slate of South Llne 0( LOt 8
Ni
Northeast
set verl cony'n the East face of the __
Offii et tumor or me pant Stan Budding (Old(old arse Coil re Shiner in I•I 889'S8'48"W
Olrce) t 2m South College Street.d and 0.5 meter ConcreteTrue
at 50'me offset ._.` -
auI leer) South of the Northeast —I er of the From True Corner, \V1
have an
elevation
meter 4922bove the ame.ou aeon.deed Elevation = 4910.15
have an elewtipn of 4922.21
SCALE: 1" = IO'
EXHIBIT MAP
i
SCALE: 1" = 10'
Jane 21, 2004 SHEET J. OF
pupal"
EXHIBIT "Be
EASEMENT EXHIBIT MAP
Easements 1 , 2 and 3 for Pedestrian Bridge
Situate in a portion of Block 21 of the City of Fort Collins,
County of Lorimer, State of Colorado
S89'49'43"W
G( r 0.72' I TRUE POINT OF
3 N00'00'00"W BEGINNING of Pedestrian
o_ 649, !-Bridge Easement at min.
`oI N90'00'00"w etev. of 4948 to max.„ o� ✓ � Iof 4970
_1+ -- -----�
_N318.50'00'-W--J 31
0 Lot
.5
0 0l8 /Easement
w o Easement 1 ofry
o Im z1 Neono'a0 ^t- Easement 3
In; 2
_ 50000_E —S O'00'00'W ,00 __ L
r— -- -�I
It
L 90 18.SD -11 6,36' 11
500'00'00'5.49W NOO-00'00°W o - - - -
B.15'
Lot 9
N 59'47'55"E EI
��� Alley
0,76I 20' Alley
i I ��
S90'00'00"E
f ---zo-ao--- 1
olc c('c I Southwest Corner
of Lot 8
oio Easement 2 oylN Cl) I I South Line of Lot 8
Z --NCO DO'-V �T -911 J ®Q � Concrete
eat Corner,
TRUE se __
�, ol^ 01� I 589'58'48"w
Shin in
from
TRUE POINT OF
BEGINNING of Pedestrian 'plo
Bridge Easement at ori or SCALE: 1" 10'
min. elev. of 4949.49 of Lot to max. elev. of 4970.0
South Line of Lot-8
Southwest Corner of-_%' S89'58'48°W
Lot 8
And & Shiner in / --+- N90-00'00"E
Concrete at 5.0' offset 7.00'
from True Corner. ;I--- - Easement 3
Eleva!mn = 4910.15 Easement 2 81- 10
SCALE: 1" = 70' l$J oo afc
oIC -Fr
- f10 Lot 9
POINT
Notes:A. BEGINNING
Sheet 1 of 2 for additional Information Not Shown BEVNNIING fement t4O949for cess m \S90'7000'00"W - - --
hereon. i o'
9. Easements 1. 2 m 3 ore for me Purpose of a private 0:-
peaeaman bdege and mgwred lording, amo-a and 2(r}' A9b' Ca
Lot 8other apparatus aponnim, from the burin lewl of
parking garage to a similar level of a building acro
I r
an allay. Southwest Corne ?r of Lot 8
C. In th CAL y of Fort Co
In the City of Fort 11,i s County of La' State f South Line of Lots
eamrnri set mrl cony'n the East mw f v _ - ' __
rvoru Bart corner of me poet woes Bala' .(oat a Nail & Shiner in 589'S8'48"W
(0,C 'eficel, t South So' t College Street and f t t r Concrete at 5,0'Carrier,
offset -
tte fe') soma ar me Northeast name f m from True Corner,
build ng 2.0 meter ewe the idawolk Ir conaldered Elevation = 4910.15
nave on elevation of 4922,21
SCALE: 1" = 10'
EXHIBIT MAP
i SCALE: 1" = 10'
dine 21, 2U04 SHEET.3 aF