HomeMy WebLinkAbout109 - 11/03/2009 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT ON THE GUSTAV SWANSON NATURAL AREA T ORDINANCE NO. 109, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE
EASEMENT ON THE GUSTAV SWANSON NATURAL AREA TO
URBAN DEVELOPMENT PARTNERS, LLC
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 Cache La
Poudre River; and
WHEREAS, On April 21, 2009, the City Council passed Ordinance No. 031, 2009,
authorizing the granting of two access easements and one drainage easement on and across the
City Property to UDP; and
WHEREAS, since that time, UDP has determined that it will need an additional drainage
easement on and across the City property; and
WHEREAS, UDP has represented to City staff that the current drainage plan for the
Development, which includes a pond for stormwater detention and infiltration, will retain 100%
of storm water on the UDP Property under conditions up to 100-year flood levels; and
WHEREAS, in the event that the proposed pond is not able to contain the excess
stormwater flows during a particular flood event, UDP desires to deliver excess stormwater from
the Development across the City Property to the Poudre River; and
WHEREAS, UDP has requested a non-exclusive drainage easement for stormwater
discharge from the UDP Property during events larger than a 100-year flood event across the
north 4.16 acres of the City Property; and
WHEREAS, the proposed easement is shown and described as "Drainage Easement No.
1 " on Exhibit"A," attached and incorporated herein by this reference (the "Easement"); and
WHEREAS, City staff has determined the Easement would not adversely impact the
City's use of the City Property as a natural area; and
WHEREAS, UDP has agreed to pay $1,400, which includes a $500 application fee, to the
City's Natural Resources Department for the Easement; and
WHEREAS, at its regular meeting on October 14, 2009, the Land Conservation and
Stewardship Board reviewed and approved the conveyance of the proposed Easement; 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 Easement 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 Easement to UDP on terms and conditions consistent with this
Ordinance, along 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
Easement, as long as such changes do not materially increase the size or change the character of
the Easement.
Introduced, considered favorably on first reading, and ordered published this 20th day of
October, A.D. 2009, and to be presented for final passage on the 3rd day of November, A.D.
2009.
rze
Ma r '
ATTEST:
City-Clerk
Passed and adopted on final reading on the 3rd day of November, A.D. 2009.
Mayor
ATTEST:
�' A `City-Clerk
Exhibit "A"
Page 1 of 2
Drainage Easement No. 1 on Gustav Swanson Natural Area
Considering the north line of Section 12, Township 7 North, Range 69 West of the 6`h
P.P. as bearing S 89 degrees 46 minutes E, and with all bearings herein relative therto;
beginning at a point which bears S 89 degrees 46 minutes E 430.00 feet; and again, S 00
degrees 14 minutes W 370.58 feet from the Northwest corner of said Section 12, said .
point of beginning being a chiseled cross on the northerly face of the concrete headgate
structure of the Coy Ditch, at a point 1.00 foot north 71 degrees 47 minutes west from the
southeasterly end of the southeasterly wing of the said structure; thence N 00 degrees 14
minutes E 53.69 feet; thence N 36 degrees 31 minutes east 101.40; thence N 00 degrees
14 minutes E 55.06 feet; thence S 89 degrees 46 minutes E 832.05 feet to the east line of
the Northwest Quarter of the Northwest Quarter of said Section 12; thence along said
line, S 00 degrees 03 minutes E 42.88 feet to a point on the northerly line of the right-of-
way of the Colorado and Southern Railroad, which point is a point on a curve, to the left,
whose radius bears S 23 degrees 59 minutes E 980.37 feet and whose long chord bears S
61 degrees 20.5 W 159.1 feet from said point; thence along the said curve, southwesterly,
a distance of 160.19 feet to the end of said curve; thence along the north line of said
right-of-way, S 56 degrees 40 minutes W 372.87 feet; thence N 00 degrees 14 minutes
east 104.73 feet; thence N 89 degrees 46 minutes W 100.00 feet; thence S 00 degrees 14
minutes W 80.38 feet to a point on the northerly bank of the Cache la Poudre River;
thence on a line which is the approximate average of the meandering river bank,N 71
degrees 47 minutes W 360.45 feet to the point of beginning; together with a permanent
easement for ingress and egress to the public, over and across the East 20.00 feet of the
West 804.75 feet of the South 145.00 feet of the North 180.00 feet of the Northwest
Quarter of the Northwest Quarter of said Section 12, and subject to right of way of
record.
SKETCH
A TRACT OF LAND LOCATED IN SECTION 12, TOWNSHIP 7 NORTH, RANGE 69
NW CORNER SECTION 12-7-89 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF FORT COLLINS, COUNTY
RECOVERED 3.25'COOT BRASS CAP OF LARIMER STATE OF COLORADO
IN MONUMENT BOX
s B9.4542"B (BASIS OF BEARINGS)
_.._.._..—sea.o0-.._.._I._.._.._;._.._.._.._.._.._..T — -- -- - - -- - -
LlNd TdB1.6' ��95.00 L7 NORTH LINE OF THE NW 1/4 SECTION 12 ,
1
LDYd 869.4/V49 L6NCTB __ _ p S 89'45 f2'L'
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L1O S 00.4zfa'd f2.95 "�I M.00' I I I I
190.00'
S mw 42'd B9.4B' I Ilk,
B9'f5 4.2'd 533.4B' N
P.O.B. of II Non-Exclusive °
eF Non-Exclusive til �° Maintenance Access
2� Maintenance Access t Ire Easement 1
I I, AREA - 2,900 S.F. Drainage Easement • ISM £
/9 A `o''� Easement I �, or 0.067 ACREt
d OM 10. ay C AREA 9,249 S.F. k�' I:� 9 No. 1
1'9 ,0 to\C or 0.212 ACRE± til 11 R=980.97'
O Drainage Easement No. 2 °ol I°o g L=159.76'
P.O.g AREA = 3039 S.F. �I GUSTAV SWANSON NATURAL AREA L+=9.2079"Iy
or 0.0`0 ACREt I BOOK 1004 PAGE 67 CB II/II-S61:202571
r - AREA = 181,155 S.F. CA=159.58
qq V 8;-O270_d f5✓�`4?�/ I or 4.159 ACRES±
/2009
REV. 2
S B7'02'10' A REV. 2/25/2009
�+ A B9"4542' Jr REV. 3/1/2009
ct CXE ' R 100.00' '4 REV. 3/3/2009
POUDRE RIVE 76�7yy9 REV. 10/1/2009
rS w M V 6'4018 A / 009
DRAWING BYSURVEY BY ARP
APPROXIMATE O O FIELD BOOKS 17,21
Scale: 1 = 1 o o' EDGE OF WATER PROJECT 09003
100 so o 100 PERKINS LAND SURVEYING, INC.
NOTE: THIS DRAWING IS ONLY AGRAPHICAL
REPRESENTATION OF THE ATTACHED 171 NORTH COLLEGE AVENUE
PROPERTY DESCRIPTIONS AND IS NOT A
Graphic Scale in Feet LAND SURVEY PLAT OR IMPROVEMENT FORT COLLINS,COLORADO 80524
SURVEY PLAT.
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