HomeMy WebLinkAbout012 - 02/06/2007 - AUTHORIZING THE CITY MANAGER TO CONVEY A PERMANENT NON-EXCLUSIVE EASEMENT OVER A PORTION OF THE EAGL ORDINANCE NO. 012, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO CONVEY A PERMANENT NON-
EXCLUSIVE EASEMENT OVER A PORTION OF THE EAGLE VIEW NATURAL
AREA FOR INUNDATION BY A RESERVOIR
WHEREAS, the City of Fort Collins is the owner of a certain parcel of real
property located in unincorporated Larimer County known as Eagle View Natural Area
(the"Natural Area"); and
WHEREAS, John Jensen (the "Applicant") owns property contiguous to and east
of the Natural Area; and
WHEREAS, the Applicant desires to augment a reservoir located on the
Applicant's property in a manner that would inundate an area of the Natural Area up to
7,209 square feet in size when the reservoir is at its high water mark; and
WHEREAS, the Applicant seeks to acquire a non-exclusive reservoir inundation
easement over, under and across the Natural Area (the "Easement"), as described in
Exhibit "A", attached hereto in order to document the City's permission for the
inundation of the Easement area by the proposed reservoir; and
WHEREAS, the Applicant has agreed to pay compensation of $500 to the City
for the Easement, and has agreed to pay $500 for administrative costs associated with the
Easement; and
WHEREAS, based on review of this request by City staff, it has been determined
that granting the Easement will not have any adverse effect on the Natural Area; 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 will be for the benefit of the City's citizens and 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, 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 John Jensen, 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 in the best interests of
the City, including any necessary corrections to the legal description thereof that do not
result in a material increase or change in character of the intended conveyance.
Introduced, considered favorably on first reading, and ordered published this 16th
day of January, A.D. 2007, and to be presented for final passage on the 6th day of
February, A.D. 2007.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 6th of February, A.D. 2007.
Mayor
ATTEST:
City Clerk
Exhibit "A" Page 1 of 2
LEGAL DESCRIPTION
EASEMENT
i
A PORTION OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF
SECTION 10, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH PM, COUNTY OF
LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST
ONE-QUARTER, BEING MONUMENTED AT THE NORTH END BY A 2-1/2" ALUMINUM
CAP STAMPED "LS 31169" AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP
STAMPED "LS 31169", IS ASSUMED TO BEAR NORTH 00018'03" EAST, WITH A
DISTANCE OF 2649.68 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE CENTER WEST 1/16 CORNER OF SECTION 10, TOWNSHIP 6
NORTH,RANGE 68 WEST;
THENCE N00'l8'03"E, ON THE EAST LINE OF THE WEST ONE-HALF OF SAID
NORTHWEST ONE-QUARTER, A DISTANCE OF 394.84 FEET TO THE POINT OF
BEGINNING;
THENCE N79°15'42"W, A DISTANCE OF 87.64 FEET;
THENCE N58°16'43"W, A DISTANCE OF 58.25 FEET;
THENCE N51°52'48"E, A DISTANCE OF 36.64 FEET;
THENCE N86°27'50"E,A DISTANCE OF 107.42 FEET, TO THE AFORESAID EAST LINE;
THENCE S00018'03"W ON SAID EAST LINE,A DISTANCE OF 76.20 FEET, TO THE POINT
OF BEGINNING;
CONTAINING A CALCULATED AREA OF 7,209 SQUARE FEET
I DAVID P. ROBERTS A REGISTERED PROFESSIONAL LAND SURVEYOR ON THE
STATE OF COLORADO DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION
AND ATTACHED PREPARED UNDER MY RESPONSIBLE CHARGE AND
ON THE BASIS GE,INFORMATION, AND BELIEF,ARE CORRECT.
P
N.
�y sFno
DAVID P. RO •9y.ROF AL LAND SURVEYOR
COLORAI L '
FOR AND ON BE NGINEERING LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS
TRACT OR VERIFYEASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITYFOR
OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH ANATTORNEY.
Exhibit "A" Page 2 of 2
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POINT OF COMMENCEMENT
50' 25' 0 50'
SCALE: 1" = 50'
EASEMENT
ISLAND LAKE MARINE
JOB NO.
APRIL 13, 2004
SHEET 1 OF 1
NOTE:
THIS DRA`MNG DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY I'R ENGINEERING
INTENDED TO DEPICT THE ATTACHED LEGAL A��
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