HomeMy WebLinkAbout133 - 11/20/2007 - AUTHORIZING THE CONVEYANCE OF A SIDEWALK EASEMENT, LANDSCAPE EASEMENT, DRAINAGE EASEMENT AND A TEMPO ORDINANCE NO. 133, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A SIDEWALK EASEMENT,
LANDSCAPE EASEMENT, DRAINAGE EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT AT THE NORTHSIDE AZTLAN
COMMUNITY CENTER TO LAGUNITAS GIDDINGS, INC.
WHEREAS, the City of Fort Collins ("City") is the owner of real property known as the
Northside Aztlan Community Center, located at 112 Willow Street("NACC"); and
WHEREAS, Lagunitas Giddings, Inc. ("LGI") is planning a project known as Willow
Street Lofts ("WSL") on property adjacent to the NACC; and
WHEREAS, in order to construct the WSL to LGI's preferred design and still be in
compliance with the City's Land Use Code, LGI must construct certain sidewalk, landscaping
and drainage improvements; and
WHEREAS, there is not sufficient room on the WSL property to construct such
improvements, and LGI is, therefore, seeking easements from the City to construct the
improvements on adjacent City property that is part of the NACC; and
WHEREAS, LGI wishes to acquire from the City a Sidewalk Easement containing 2,496
square feet as described on Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, LGI wishes to acquire from the City a Landscape Easement containing
1,704 square feet as described on Exhibit `B", attached hereto and incorporated herein by this
reference; and
WHEREAS, LGI wishes to acquire from the City a Drainage Easement to carry their
developed stormwater flows to a drainage swale located on NACC property; and
WHEREAS, the requested Drainage Easement contains 3,460 square feet and is
described on Exhibit "C", attached hereto and incorporated herein by this reference; and
WHEREAS, LGI wishes to acquire from the City a Temporary Construction Easement
containing 13,200 square feet as described on Exhibit "D", attached hereto and incorporated
herein by this reference; and
WHEREAS, LGI has agreed to pay all costs for installation, maintenance and all future
reinstallation of improvements within the easement areas and, upon completion of the
improvements, LGI will also be responsible for restoring the Temporary Construction Easement
area to a condition comparable to the condition it was in prior to the work; and
WHEREAS, the City will retain a right of public access on and across the easement
areas; and
WHEREAS, staff has determined that the conveyance of the easements will not have any
adverse effects on the NACC and that LGI's agreement to install and maintain sidewalk and
landscaping improvements on the NACC property will provide a benefit to the City; and
WHEREAS, staff is therefore recommending that the City not charge LGI for the
easements; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of interests in real property owned by the City,
provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 conveyance to LGI of the Sidewalk Easement, Landscape
Easement, Drainage Easement and Temporary Construction Easement over, under and across the
NACC property on terms and conditions consistent with this Ordinance is in the best interests 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 sidewalk Easement, Landscape Easement, Drainage
Easement and Temporary Construction Easement to LGI upon terms and conditions consistent
with this Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines to be necessary and appropriate to protect the
interests of the City, including any necessary changes to the legal description of the easements,
as long as such changes do not materially increase the size or change the character of the
easements.
Introduced, considered favorably on first reading, and ordered published this 6th day of
November, A.D. 2007, and to be presented for final passage on the Oth day of November, A.D.
2007.
i
Mayor
ATTEST:
)Qw�. �L i�4 a e
City Clerk
-2-
Passed and adopted on final reading on the 20th day of N mberz7v
2007.
'
MayoU
ATTEST: W
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City Clerk
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EXHIBIT "A"
PROPERTY DESCRIPTION: SIDEWALK EASEMENT
A 6 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the a P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48°50'00"West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Beginning at the easternmost corner of said Tract A;thence along said northeasterly
line, North 48050'00"West 200.00 feet to the northernmost corner of said Tract A;
thence along the northwesterly line of said Tract A and the southeasterly line of Lot 1,
Northside Aztlan Community Center, South 41°10'00"West 210.00 feet to the
southernmost comer of said Lot 1; thence along the southwesterly line of said Lot 1,
North 48°50'00"West 6.00 feet; thence North 41*10'00" East 216.00 feet; thence
South 48"50'00" East 206.00 feet to the southeasterly line of Lot 3, Northside Aztlan
Community Center; thence along said southeasterly line, South 41`10'00"West 6.00
feet to the Point of Beginning and containing 2,496 square feet, more or less.
SURVEYORS STATEMENT:
1, Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
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EXHIBIT "B"
PROPERTY DESCRIPTION: LANDSCAPE EASEMENT
A 4 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6"' P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48°50'00" West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Cleric
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Commencing at the easternmost comer of said Tract A; thence along the southeasterly
line of Lot 3, Northside Aztlan Community Center, North 41010'00" East, 6.00 feet to
the Point of Beginning;thence North 48650'00"West, 206.00 feet; thence South
41'10'00"West, 216.00 feet to the southwesterly line of Lot 1, Northside Aztlan
Community Center; thence along said southwesterly line, North 48°50'00"West, 4.00
feet; thence North 41'10'00" East, 220.00 feet; thence South 48"50'00" East, 210.00
feet to said southeasterly line of Lot 3; thence along said southeasterly line, South
41-10'00'West, 4.00 feet to the Point of Beginning and containing 1,704 square feet,
more or less.
SURVEYORS STATEMENT:
I,Alex Rondall Perkins,a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
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Alex Ron 11" gt s CWp L.S. No. 34176
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A "` 34176
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EXHIBIT "C"
PROPERTY DESCRIPTION: DRAINAGE EASEMENT
A 20 foot wide strip of land across Lots 1 and 3, Northside Aztlan Community Center, City of Fort Collins, County
of Larimer, State of Colorado, lying 10 feet on each side of the following described centerline and northeast of
the southwesterly line of said Lot 3:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center(a portion of which is
coincident with said southwesterly line of Lot 3), as bearing North 48e50'00"West as shown on the recorded plat
of said Northside Aztlan Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Commencing at the easternmost corner of said Tract A; thence along said northeasterly line, North 48050'00"
West, 106.25 feet to the Point of Beginning; thence North 14023'39"East, 173.00 feet to the Point of Terminus;
said strip containing 3,460 square feet, more or less.
DRAINAGE EASEMENT
Area - 3.460 Square Feet P.O.T.
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LINE EASEMENT // 173.0C
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SURVEYORS STATEMENT:
1. Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado, hereby
state that this real property description was prepared for Lagunitas Companies from information found
on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER, additional information provided
by the client and the City of Fo that it is not to be construed as representing a
monumented land survey. ORE
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Alex Rondall Perkins Col'f`2B•P;L.S.pt0 6
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EXHIBIT "D"
PROPERTY DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT
A 30 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6'h P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48050'00"West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Beginning at the eastemmost corner of said Tract A; thence along said northeasterly
line, North 48°50'00"West, 200.00 feet to the northernmost corner of said Tract A;
thence along the northwesterly line of said Tract A and the southeasterly line of Lot 1,
Northside Aztlan Community Center, South 41010'00"West, 210.00 feet to the
southernmost corner of said Lot 1; thence along the southwesterly line of said Lot 1,
North 48050'00"West, 30.00 feet; thence North 41°10'00" East 240.00 feet; thence
South 48"50'00" East, 230.00 feet to the southeasterly line of Lot 3, Northside Aztlan
Community Center; thence along said southeasterly line, South 41°10'00"West, 30.00
feet to the Point of Beginning and containing 13,200 square feet, more or less.
SURVEYORS STATEMENT:
I, Alex Rondall Perkins,a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
Alex Ro a PaOcins L.S. No. 34176
s` 34176
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