HomeMy WebLinkAbout041 - 03/07/2006 - AUTHORIZING THE CONVEYANCE OF A SANITARY SEWER EASEMENT FOR THE CHERRY STREET STATION DEVELOPMENT ORDINANCE NO. 041 , 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A SANITARY SEWER EASEMENT
FOR THE CHERRY STREET STATION DEVELOPMENT
WHEREAS, the City of Fort Collins, Colorado(the"City")is the owner of a certain parcel
of real property located in Fort Collins, Colorado, known as Martinez Park(the"Property"); and
WHEREAS, the Cherry Street Station Development(the"Project") is located southeast of
the Property; and
WHEREAS, in order to connect the Property to the City's sewer system, TOJO, LLC and
North College Lofts, LLC (the "Developer") wishes to acquire a non-exclusive sanitary sewer
easement over, under and across the Property (the "Easement"), as described in Exhibit "A",
attached hereto; and
WHEREAS, the Developer has agreed to pay the City $1,000 for compensation and costs
associated with the easement; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the non-exclusive easement will not have any adverse effects to the Property; 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 Easement over, under and across the Property,
consistent with the terms of this Ordinance,will be for the benefit of the City's citizens and 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 Easement to TOJO, LLC and North College Lofts, LLC
upon the terms and conditions described above, and subject to such other terms and conditions as
the Mayor, in consultation with the City Attorney, determine to be in the best interest of the City.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
February, A.D. 2006, and to be presented for final pass4Ma
7th day of March, A.D. 2006.
ATTEST:
- �ULV :6A
City Clerk
Passed and adopted on final reading on the 7th day of ch, A.D. 2006.
May r
ATTEST:
1
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
SANITARY SEWER EASEMENT
A 20.00 FOOT WIDE SANITARYSEWER EASEMENT OVER AND ACROSS PORTION
OF THE NORTHEAST ONE-QUARTEROF SECTION 11,TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY
OF LARIMER, STATE OF COLORADO, LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
BASIS OF BEARINGS: A PORTION OF THE SOUTH LINE OF BLOCK 24, MAP OF THE
TOWN OF FORT COLLINS DATED JANUARY 16, 1873 BEING MONUMENTED AT THE
SOUTHWEST CORNER OF SAID RECEPTION NUMBER BY A #4 REBAR AND BLUE
PLASTIC CAP STAMPED "LS 14823, RBD"AND AT THE EAST END BY A PK NAIL AND
BRASS TAG STAMPED "LS 17497" IS ASSUMED TO BEAR N89058'00"E A DISTANCE
OF 255.46 FEET.
COMMENCING AT THE REBAR AND BLUE PLASTIC CAP MARKING THE
SOUTHWEST CORNER OF RECEPTION NUMBER 20040106608, LARIMER COUNTY
RECORDS;
THENCE N49048'24"E A DISTANCE OF 207.21 FEET TO THE POINT OF BEGINNING,
SAID POINT BEING ON THE NORTHWESTERLY LINE OF SAID RECEPTION NUMBER;
THENCE N33032'14"W A DISTANCE OF 12.30 FEET TO THE POINT OF TERMINUS,
SAID POINT BEING ON THE SOUTHEASTERLY RAILROAD EASEMENT LINE AS
DESCRIBED AT RECEPTION NUMBER 89053240, LARIMER COUNTY RECORDS.
THE SIDELINES OF SAID 20.00 FOOT EASEMENT TO BE EXTENDED OR
SHORTENED TO END ON THE SOUTHEASTERLY EASEMENT LINE OF SAID
RECEPTION NUMBER 89053240 AT THE NORTHERLY END AND ON THE
NORTHWESTERLY LINE OF SAID RECEPTION NUMBER 20040106608 AT THE
SOUTHEASTERLY END.
CONTAINING A CALCULATED AREA OF 246 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
LEGAL DESCRIPTION
SANITARY SEWER EASEMENT
A 20.00 FOOT WIDE SANITARYSEWER EASEMENT OVER AND ACROSS A PORTION
OFTHE NORTHEAST ONE-QUARTEROF SECTION 11,TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY
OF LARIMER, STATE OF COLORADO, LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
BASIS OF BEARINGS:A PORTION OF THE SOUTH LINE OF BLOCK 24, MAP OF THE
TOWN OF FORT COLLINS DATED JANUARY 16, 1873 BEING MONUMENTED AT THE
SOUTHWEST CORNER OF SAID RECEPTION NUMBER BY A #4 REBAR AND BLUE
PLASTIC CAP STAMPED"LS 14823, RBD"AND AT THE EAST END BY A PK NAIL AND
BRASS TAG STAMPED "LS 17497" IS ASSUMED TO BEAR N89058'00"E A DISTANCE
OF 255.46 FEET.
COMMENCING AT THE REBAR AND BLUE PLASTIC CAP MARKING THE
SOUTHWEST CORNER OF RECEPTION NUMBER 20040106608, LARIMER COUNTY
RECORDS;
THENCE N49048'24"E A DISTANCE OF 207.21 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID RECEPTION NUMBER;
THENCE N33032'14"W A DISTANCE OF 42.30 FEET TO THE POINT OF BEGINNING,
SAID POINT BEING ON THE NORTHWESTERLY RAILROAD EASEMENT LINE AS
DESCRIBED AT RECEPTION NUMBER 89053240, LARIMER COUNTY RECORDS;
THENCE N33032'14"W A DISTANCE OF 10.00 FEET;
THENCE N32018'52"E A DISTANCE OF 58.00 TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID 20.00 FOOT EASEMENT TO BE EXTENDED OR
SHORTENED TO END ON THE NORTHWESTERLY EASEMENT LINE OF SAID
RECEPTION NUMBER 89053240 AT THE SOUTHERLY END.
CONTAINING A CALCULATED AREA OF 1360 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.