HomeMy WebLinkAbout031 - 04/21/2009 - AUTHORIZING THE CONVEYANCE TO URBAN DEVELOPMENT PARTNERS, LLC OF A NON-EXCLUSIVE DRAINAGE EASEMENT A ORDINANCE NO. 031, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO URBAN DEVELOPMENT PARTNERS, LLC OF
A NON-EXCLUSIVE DRAINAGE EASEMENT AND A NON-EXCLUSIVE
MAINTENANCE ACCESS EASEMENT ON THE CITY OWNED GUSTAV SWANSON
NATURAL AREA PROPERTY
WHEREAS, the City owns a certain parcel of real property located in the City of Fort
Collins, Larimer County, Colorado, known as the Gustav Swanson Natural Area (the "City
Property"); and
WHEREAS, Urban Development Partners, LLC ("UDP") is proposing the development
of a commercial office and industrial properties business park, which is presently referred to as
the Inverness Innovation Park (the "Development"), on private land adjacent to the northern,
boundary of the City Property (the "UDP Property"); and
WHEREAS, the City Property is situated between the UDP Property and the Poudre
River; and
WHEREAS, UDP has represented to City staff that the drainage plan for the
Development will retain 100% of storm water on the UDP Property under conditions up to 100
year flood levels; and
WHEREAS, UDP desires to deliver excess storm water from the Development across the
City Property to the Poudre River; and
WHEREAS, UDP has requested a 3,039 square foot Non-Exclusive Drainage Easement
for construction of a spillway, and a 12,149 square foot Non-Exclusive Maintenance Access
Easement across a portion of the City Property; and
WHEREAS, the proposed easements are shown and described on Exhibit "A", attached
and incorporated herein by this reference (the "Easements"); and
WHEREAS, the proposed spillway would be constructed with rip rap material rather than
concrete or other material that would be aesthetically incompatible with the Natural Area; and
WHEREAS, the proposed spillway will be covered with soil and seeded to further
enhance the appearance of the structure and compatibility with the Natural Area; and
WHEREAS, UDP will repair any damage and restore any areas disturbed by the
construction or access to the construction area; and
WHEREAS, City staff has determined the Easements would not adversely impact the
City's use of the City Property as a,natural resource; and
WHEREAS, UDP has agreed to pay $3,873, which includes a $500 application fee, to the
City Natural Resources Department for the easements and initial restoration; and
WHEREAS, the City reserves the right to require additional storm water management
improvements if further review of the Development indicates additional storm water
improvements are necessary; and
WHEREAS, at its regular meeting on March 11, 2009, the Land Conservation and
Stewardship Board reviewed the proposed Easements and recommended the City Council grant
them; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of any and all interests in real property owned by the City,
provided 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 of the Easements to Urban Development Partners,
LLC, as set forth herein, is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements on terms and conditions consistent with this Ordinance,
along with such additional items 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 24th day of
March, A.D. 2009, and to be presented for final passage on the 21 ay of April, A.D. 2009.
May r
ATTEST:
City Clerk
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Passed and adopted on final reading on the 21st day of April, A.D. 2009.
Mayor
ATTEST:
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City`Clerk
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EXHIBIT A
3/3/2009
PROPERTY DESCRIPTION: DRAINAGE EASEMENT
A tract of land situate in the Northwest Quarter of Section 12,Township 7 North,
Range 69 West of the 6'h Principal Meridian, in the City of Fort Collins, County of
Latimer, State of Colorado more particularly described as follows, to wit:
Considering the North line of said Northwest Quarter as bearing South 89°45'42"East
from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to
a recovered 4.25"brass cap in concrete with no legible markings at the Northeast
Corner of said Northwest Quarter and with all bearings contained herein relative
thereto;
Commencing at said Northwest Coiner; thence,along said North line, South 89°45'42"
East 680.00 feet; thence South 00°14'18" West 180.00 feet to the southwest corner of
that parcel described at reception number 2002007922; said southwest corner being on
the north line of that portion of the Gustav Swanson Natural Area described in Book
1004 at Page 67; thence, along said north line, South 89�45'42" East 89.48 feet; thence
South 00'19'14"East 150.57 feet; thence South 40°32'09" West 32.05 feet; thence
South 87°02'10" West 155.42 feet; thence North 71'46'18" West 77.26 feet; thence
South 18°13'42" West 20.00 feet to the POINT OF BEGINNING; thence South
71°46'18" East 81.00 feet; thence South 18°13'42" West 37.52 feet to the southerly line
of said Gustav Swanson Natural Area; thence, along said southerly line,North
71'46'18" West 81.00 feet; thence North 18013'42"East 37.52 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 3,039 square feet or 0.070 acre, more or less
and is subject to all existing easements and rights of way of record or in place.
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 from a combination of survey and
record information and that it is not to be construed as representing a monumented land survey.
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PROPERTY DESCRIPTION: NON-EXCLUSIVE MAINTENANCE ACCESS
EASEMENT 1
A tract of land situate in the Northwest Quarter of Section 12, Township 7 North,
Range 69 West of the 61h Principal Meridian, in the City of Fort Collins, County of
Larimer, State of Colorado more particularly described as follows,to wit:
Considering the North line of said Northwest Quarter as bearing South 89°45'42"East
from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to
a recovered 4.25" brass cap in concrete with no legible markings at the Northeast
Corner of said Northwest Quarter and with all bearings contained herein relative
thereto;
Commencing at said Northwest Corner; thence, along said North line,South 89°45'42"
East 680.00 feet; thence South 00°14'18" West 35.00 feet to the northwest corner of that
parcel described at reception number 2002007922; said northwest corner being on the
south right-of-way line of Vine Drive; thence,along said south right-of-way lure, South
89°45'42" East 88.06 feet to the POINT OF BEGINNING; thence, continuing along
said right-of-way line, South 89'45'42" East 20.00 feet; thence South 00°19'14" East
145.01 feet to the south line of said parcel; thence, along said south line,North
89°45'42" West 20.00 feet;thence North 00'19'14" West 145.01 feet to the POINT OF
BEGINNING.
The above-described tract of land contains 2,900 square feet or 0.067 acre, more or less
and is subject to all existing easements and rights of way of record or in place.
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 from a combination of survey and
record information and that it is not to be construed as representing a monumented land survey.
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3/3/2009
PROPERTY DESCRIPTION: NON-EXCLUSIVE MAINTENANCE ACCESS
EASEMENT 2
A tract of land situate in the Northwest Quarter of Section 12, Township 7 North,
Range 69 West of the 61h Principal Meridian, in the City of Foil Collins, County of
Larimer, State of Colorado more particularly described as follows, to wit:
Considering the North line of said Northwest Quarter as bearing South 89°45'42"East
from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to
a recovered 4.25" brass cap in concrete with no legible markings at the Northeast
Corner of said Northwest Quarter and with all bearings contained herein relative
thereto;
Commencing at said Northwest Corner; thence,along said North line, South 89°45'42"
.East 680.00 feet; thence South 00114'18" West 180.00 feet to the southwest corner of
that parcel described at reception number 2002007922; said southwest corner being on
the north line of that portion of the Gustav Swanson Natural Area described in Book
1004 at Page 67; thence,along said north line, South 89°45'42" East 89.48 feet to the
POINT OF BEGINNING; thence,continuing along said north line, South 89°45'42"
East 20.00 feet; thence South 00°19'14"East 192.75 feet; thence South 87°02'10" West
199.25 feet; thence North 71'46'18" West 81.00 feet; thence North 18'13'42"East
20.00 feet; thence South 71°46'18" East 77.26 feet;thence North 87°02'10" East 155.42
feet; thence North 40032'09" East 32.05 feet; thence North 00'19'14" West 150.57 feet
to the POINT OF BEGINNING.
The above=described tract of land contains 9,249 square feet or 0.212 acre,more or less
and is subject to all existing easements and rights of way of record or in place.
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 from a combination of survey and
record information and that it ipOltol*c strued as representing a monumented land survey.
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