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Home My WebLink About045 - 05/20/2008 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE DRAINAGE EASEMENT INTERESTS AND A TEMPORARY CONSTRUCTION ORDINANCE NO. 045, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE DRAINAGE EASEMENT INTERESTS AND A TEMPORARY CONSTRUCTION EASEMENT FOR A DRAINAGE CHANNEL FOR J-B INVESTMENTS, INC., ON A PORTION OF THE CITY-OWNED TIMNATH COMMUNITY SEPARATOR WHEREAS, the City of Fort Collins owns a certain parcel of real property located in Larimer County, Colorado, in the Timnath Community Separator Area, known as the Vangbo Property (the "City Property"); and WHEREAS, J-B Investments, Inc., (the "Developer") must provide a drainage channel to function as an outlet structure for a required detention pond or ponds located on the development site as part of its development proposal; and WHEREAS, in order to provide and install the drainage channel, the Developer has requested a 30-foot wide non-exclusive drainage easement contiguous to an existing 30-foot access easement on the northern boundary of the City Property; and WHEREAS, the Developer has also requested three smaller drainage easements under the existing 30-foot access easement and a 20- foot Temporary Construction Easement; and WHEREAS, these easements are shown on and described in Exhibits "A-I" and "A-2" attached hereto and incorporated herein by this reference (collectively"the Easements"); and WHEREAS, the Developer has worked with City staff to coordinate the location of the Easements on the north property line of the City Property and within or contiguous to an existing non-exclusive easement area in order to minimize disturbance to the City Property; and WHEREAS, City staff has negotiated with the Developer an Easement Deed and Agreement, dated April 30, 2008, which is on file in the office of the City Clerk and available for public inspection (the "Easement Deed and Agreement'), and which includes specific conditions governing the operation, maintenance, and repair of the Easements; and WHEREAS, in exchange for the grant of the Easements, the Developer has agreed to pay to the City the fair market value of the Easements and to pay reclamation and administration fees, which have been determined to be a total of $21,550; and WHEREAS, staff recommends approval of the Easements, in view of the resource protection measures to which the Developer has agreed, as set forth in the Easement Deed and Agreement; 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, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Deed and Agreement, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, including, but not limited to, 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 May, A.D. 2008, and to be presented for final passage on the 20 ay of May, A.D. 2008. ' ' ATTEST: ay �UL'iw '�i�I City Clerk Passed and adopted on final reading on the 20th day of A.D. 2008. Mayor ATTEST: City Clerklel,4�e EXHIBI T A DRAINAGE EASEMENT AND 20' TEMPORARY CONSTRUCTION EASEMENT SITUATE IN THE SOUTHWEST 114 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIM£R, STATE OF COLORADO 6a DRAINAGE EASEMENT No. 4 8h2 779 s.f. .E delta=00'08 50' g DRAINAGE EASEMENT No. 3 arc=29.25' r-11375.00' yn 1 602 &f. N04 58'28'W 29.25' SCALE - 1"=200' ,o m DRAINAGE EASEMENT No. 2 FEBRUARY 12th, 2008 \\\ 600 s.f. West 114 Comer of North line of Southwest 114 of Section 22- N-R68W Section 22-77N-R6BW soassrort Moo' An5'rr'rJ'E zalz' sar11•rsw• M..u, aro' novzro+w zom• m • N89'55'59"W 1367.77' r 4"*T as h s�4Yuw zest 44r_F _n4.w• _ _ saw-- arc�ie.r ,�lale.QO' — -- _ .kA)12_ -- mrvr13wJ0.12' F- --- Iafi39' --- y ------- --- —rwr�z' --- --------- a— _ . 2a.W' S89'55591E 246.41' �0 1 �r----------- — -- --- --- — --------- (not to scale) ¢0 sesxiysa zs.as• izn.ta• 03 aria-o1'as'rz' SerssYnE Taa9' �r55VT za9e• I 1o.aa' +C delta=01'26'164 w f 1°I'— 'z1Aso'=++.moo• Center 114 Coma of I I I sas=•12f z+wso• EXlST7NG 30' ACCESS EASEMENT section 22-nN-R68W oro=285.48' r-11375.00' w I arm.arwzs- N05'45'48'W 285.47' �'��^ I a�slzas•=nzsaae• 3 titi� I soser:ut2MM' o DRAINAGE EASEMENT No. 1 ) `r 46,476 s.f.k der�orls•rz' o ? t0rW z'W 24&t6' 20' TEMPORARY $ CONSTRUCTION EASEMENT rani2Y2w sear 30,873 s.f. - ser"Wlw• aaas• arm-OMV4' aro-2aoo•r. os• lrorw"row za00- oa• a;.x/ro/r*Nmrawas srwwe s bwraEy m� ENMIT A-1 EXHIBIT A-2 EASEMENTS FOR MUSTANG MEADOWS DRAINAGE EASEMENT No. 1: A tract of land situate in the Southwest 114 of Section 22,Township 7 North,Range 68 West of the Sixth P.M., County of Latimer,State of Colorado,which,considering the North line of said Southwest 114 as bearing S89°55'59"E and with all bearings contained herein relative thereto,is contained within the boundary lines which begin at a point which bears S89°55'59"S 1468.87 feet,and again S00006'5I"W 30.00 feet from the West 114 Comer of said Section 22,and run thence S0010615111W 30.00 feet;thence N89°55'59"W 1301.32 feet; thence along the arc of a 11,315 foot radius curve concave to the East a distance of 214.60 feet,whose central angle is 01005'12",the long chord of which bears S05055'12"B 214.60 feet;thence S83032'12"W 30.00 feet; thence along the are of a 11,345 foot radius curve concave to the Bast a distance of 248.16 feet,whose central angle is 01°iS'12",the long chord of which bears N05°50'11"W 248.16 feet;thence S89°55'59"E 1334.29 feet to the point of beginning,containing 46,476 square feet,more or less,and being subject to all easements and rights-of-way which are existing or are of record. DRAINAGE EASEMENT No.2: - A tract of land situate in the Southwest 114 of Section 22,Township 7 North,Range 68 West of the Sixth P.M., County of Latimer,State of Colorado,which,considering the North line of said Southwest 1/4 as bearing S89055'59"E and with all bearings contained herein relative thereto,is contained within the boundary lines which begin at a point which bears S89055'59"B 543.00 feet from the West 1/4 Comer of said Section 22,and run thence S89A55'59"E 20.00 feet;thence SOOA36'Ol"E 30.00 feet;thence N89455'59"W 20.00 feet;thence N0096O1"W 30.00 feet to the point of beginning,containing 600 square feet,more or less,and being subject to all easements and rights-of-way which are existing or are of record. DRAINAGE EASEMENT No.3: A tract of land situate in the Southwest 1/4 of Section 22,Township 7 North,Range 68 West of the Sixth P.M., County of Larimer,State of Colorado,which,considering the North line of said Southwest 114 as bearing S89055'59"B and with all bearings contained herein relative thereto,is contained within the boundary lines which begin at a point which bears S89"55'59"E 1037.50 feet from the West 114 Comer of said Section 22,and run thence S89AS5'59"B 20.08 feet;thence S05AI I'13"W 30.12 feet;thence N89A55'59"W 20.08 fcct;thence N05A I I'13"E 30.12 feet to the point of beginning,containing 602 square feet,more or less,and being subject to all easements and rights-of-way which we existing or are of record. DRAINAGE EASEMENT No.4: A tract of land situate in the Southwest 1/4 of Section 22,Township 7 North,Range 68 West of the Sixth P.M., County of Larimer,State of Colorado,which,considering the North line of said Southwest 1/4 as bearing S89055'59"E and with all bearings contained herein relative thereto,is contained within the boundary lines which begin at a point which bears S89655'59"E 1437.80 feet from the West 1/4 Corner of said Section 22,and run thence S89455'59"B 25.98 feet;thence S39A43'14"W 38.97 feet;thence N89A55159"W 25.98 foot;thence N39A43'14"E 38.97 feet to the point of beginning,containing 779 square feet,more or less,and being subject to all easements and rights-of-way which are existing or are of record. 20'TEMPORARY CONSTRUCTION BASEMENT: A tract of land situate in the Southwest 1/4 of Section 22,Township 7 North,Range 68 West of the Sixth P.M, County of Latimer,State of Colorado,which,considering the North line of said Southwest 1/4 as bearing S89055'59"B and with all bearings contained herein relative thereto,is contained within the boundary lines which begin at a point which bears S89055'59"E 1469.87 feet,and again 800"06'5 VW 60.00 feet from the West 1/4 Comer of said Section 22,and run thence S0010615 VW 20.00 feet;thence N89055'59"W 1279.29 feet; thence along the arc of a 11,295 foot radius curve concave to the East a distance of 212.23 feet,whose central angle is 01004'36",the long chord of which bears S061O1'35"B 212.22 feet;thence S83032'12"W 50.00 feet; thence along the arc of a 11,345 foot radius curve concave to the East a distance of 20.00 feet,whose central angle is 00006'04",the long chord of which bears N06030'50"W 20.00 feet;thence N83032'12"E 30.00 feet; thence along the are of a 11,315 foot radius curve concave to the East a distance of 214.60 feet,whose central angle is 0100542",the long chord of which bears N05055'12"W 214.60 feet;thence S89055'59"E 1301.32 feet to the point of beginning,containing 30,873 square feet,more or less,and being subject to all easements and rights-of-way which arc existing or are of record. EXHIBIT A-2