HomeMy WebLinkAbout113 - 08/15/2006 - AUTHORIZING THE CONVEYANCE OF A PERMANENT DRAINAGE EASEMENT ON PELICAN MARSH NATURAL AREA FOR THE PR ORDINANCE NO. 113, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT DRAINAGE
EASEMENT ON PELICAN MARSH NATURAL AREA
FOR THE PROVINCETOWNE THIRD FILING 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 Pelican Marsh Natural Area
(the "Property"); and
WHEREAS, the Provincetowne Filing Three Development is located north of the
Property; and
WHEREAS, in order to provide a drainage outlet KB Home, Colorado, Inc (the
"Developer") wishes to acquire a non-exclusive drainage easement (the "Easement") over, under
and across the Property as described in Exhibit "A", attached hereto and incorporated herein by
this reference (the "Easement Area"); and
WHEREAS, the Developer has agreed to compensate the City $675 for consideration
associated with the Easement; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the permanent, non-exclusive Easement will not have any significant, adverse effect on
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 such sale or other disposition will be for the benefit of the
City's citizens and 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 KB Home, Colorado, Inc., upon the
terms and conditions described above, 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 corrections to the legal
descriptions thereof that do not result in a material increase or change in character of the
intended easement area.
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2006, and to be presented for final passage on the 15t y of August, A.D. 2006.
6 May
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of ust, A.D. 2006.
Mayor
ATTEST:
LL)k
City Clerk
Exhibit "A" Page 1 of 2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 13,TOWNSHIP 6
NORTH,RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECT10N13,
TOWNSHIP 6 NORTH,RANGE 69 WEST,BEING MONUMEN'TED ON THE NORTH END BY A 3"
ALUMINUM CAP MARKED "LS 12374"'AND AT THE SOUTH END BY A 3-1/4"ALUMINUM CAP
MARKED "LS 12374"IS ASSUMED TO BEAR S 00005'06" W,WITH A DISTANCE OF 2699.17 FEET
BETWEEN SAID MONUMENTS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13;
THENCE N 44027'37"W, A DISTANCE OF 1513.81 FEET,TO A POINT ON THE SOUTHERLY
BOUNDARY OF TRACT C,PROVINCETOWNE PUD FILING NO.2,AND THE POINT OF
BEGINNING;
THENCE S 03°49'53" E,A DISTANCE OF 72.66 FEET,TO A POINT ON THE NORTHERLY LINE OP A
DRAINAGE EASEMENT AS RECORDED AT RECEPTION NO. 2001076516, SAID EASEMENT IS
REFERRED TO AS EXHIBIT A-1 IN THE RECORDED DOCUMENT;
THENCE N 82°24'48" W, ON SAID NORTHERLY LINE,A DISTANCE OF 51.01 FEET;
THENCE N 03e49'53" W,A DISTANCE OF 46.11 FEET„TO SAID SOUTHERLY LINE;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING TWO (2)COURSES;
1. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE
HAVING A DELTA OF 07026'52",A RADIUS OF 235.00 FEET,AN ARC LENGTH OF
30.55 FEET,THE CHORD OF SAID CURVE BEARING N 69-31'40"E WITH A
DISTANCE OF 30.53 FEET,TO A POINT OF TANGENCY;
2. THENCE N 65°48'14"E,A DISTANCE OF 22.14 FEET,TO THE POINT OF
BEGINNING;
CONTAINING A CALCULATED AREA OF 2,937 SQUARE FEET.
I,CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT.
�D�pD L/c'_
ez
CHAD R.WASHBURN,PLS ss0,... ,
COLORADO PLS NO. 37963 NAL LAW
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
2620 EAST PROSPECT ROAD, SUITE 190
FORT COLLINS, CO 80525
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT
OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR
OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITHANArTORNEY.
X:\3940000.a0\3945900\Ward\Lepls\3945900LX3 DRAINAGE ESMT.dm
PAGE OF
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Exhibit "A" Page 2 of 2 SE- 3.T5r. R69WNeR 1
FOUND 3" A'_JV. CAP 7
STAMPED "S 1237c"
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50 25 0 50
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PROVINCETOWNE PUG FILING NO. 2,,-
4=7.26'52"
R=235.00' l4"LF-,,
CH=30.53'\ N651�34•b POINT OF BEGINNING
N69'31'40"E y?~ ,�
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51.pir�1 �v ;
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NGRDRAINY LINE OF 'Y P�w
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STAMP EC "LS ALUL6 i ENCE POINT OF COMMENCEMENT
P 3796
L �zq,OVAL LANDS
DRAINAGE EASEMENT
y, ! PROVINCETOWNE
z JOB NO. 39459.00
APRIL 20, 2006
SHEET 1 OF 1
NOTTHIS J'R ENGINEERING
VON METEDRAWING GOES NOT REPRESENT A v=i
'd ONUMENTED SURVEY AND IS ONLY
INTENDED TO DEPICT THE ATTACHED
Eft 14-I'MOD"X 80525
LEGAL DESCRIPTION. ➢'XIP ]'
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