HomeMy WebLinkAbout079 - 07/20/2010 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT AND A NON-EXCLUSIVE ACCESS EASEMENT ORDINANCE NO. 079, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE
EASEMENT AND A NON-EXCLUSIVE ACCESS EASEMENT ON CITY
PROPERTY TO NEW PROSPECT, LLC
WHEREAS, the City is the owner of a parcel of real property located in Fort Collins,
Colorado, identified in County records as parcel number 97241-20-905, known as Mallard's
Nest Natural Area (the "Natural Area"); and
WHEREAS, New Prospect, LLC (the "Developer") has requested a drainage easement
and an access easement (the "Easements") on the Natural Area for the benefit of the New
Prospect development (the "Development"); and
WHEREAS, the proposed drainage easement would be used to provide stormwater
outfall from the Development's detention pond to Spring Creek within the Natural Area, as
described on Exhibit "A", attached and incorporated herein (the "Drainage Easement"); and
WHEREAS, the proposed access easement would be used to provide a public pedestrian
connection from East Prospect Road, through the Development, to the Spring Creek Trail
located in the Natural Area, as described on Exhibit `B", attached and incorporated herein (the
"Access Easement"); and
WHEREAS, as consideration for the grant of the Easements the Developer will pay the
City $2,016.00 plus processing fees as required by the Natural Areas Easement Policy; and
WHEREAS, City staff has identified no negative impacts to the City resulting from the
grant of the Easements; and
WHEREAS, Section 23-11 l(a) of the City Code states that the City Council is authorized
to sell, convey, or otherwise dispose of any and all interests in real property owned in the name
of 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 of the Drainage Easement and Access Easement on
the Natural Area property to New Prospect, LLC as provided 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 Drainage Easement and Access Easement to New Prospect, LLC on
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 are necessary
or appropriate to protect the interests of the City, including, but not limited to, any necessary
changes to the legal descriptions 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
July, A.D. 2010, and to be presented for final passage on the 2 y of July, A.D..2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of A.D. 2010.
May ej
ATTEST:
City Clerk
Exhibit "A"
Description Exhibit
(Drainage Easement)
A parcel of land located In the Northeast 1/4 of Section 24, Township 7 North,
Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Lorimer,
State of Colorado being more particularly described as follows:
Considering the North line of said Northeast 1/4 as bearing South 89'51'10" East
and with all bearings contained herein relative thereto;
Commence at the Northwest Corner of the Northeast 1/4 of said Section 24;
thence S 89'51'10 E along the North line of said Northeast 1/4, for a
distance of 659.26 feet to the West line of these parcels described at j
Reception No.20050040860 and Reception No.20090030181 of the Larimer County records,
thence S 00'16'33" W on said West line, a distance of 660.05 feet
to the South line of Reception No. 20090030181, said point also being on
the North line of Shadowbrook P.U.D.;
thence S 89'52'55" E on said North line for a distance of 332.27 feet
to the POINT OF BEGINNING;
thence continue S89'52'55"E on said North line a distance of 20.01 feet;
thence S 01'34'55" E a distance of 62.63 feet;
thence S 88'25'04" W a distance of 20.00 feet;
thence N 01'34'56" W a distance of 63,23 feet to the Point of Beginning.
Containing 1,259 sq.ft., more or less, and being subject to all
easements and rights of way of record.
SURVEYOR'S STATEMENT
I, Alex Randall Perkins, a duly registered Professional Land
Surveyor in the State of Colorado, do hereby state that this
Description Exhibit, to the best of my knowledge, information
and belief, truly and correctly represents a drawing made by
me under my direction.
00 REG/
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7�9L LAB page 1
Field Date Prepared for: Project#: 090 1 8d2
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Party Chief New Prospect LLC
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NOTICE: According to Colorado low you must commence Survey Tech
any legal action based upon any defect In this survey within 'wk Frederick Land Surveying, Inc,
three years after you first discover such defect In no Proj. Manager
event, may any action based upon any defect in thls survey 6760 North Franklin Avenue
be commenced more than ten years from the date of the ar Loveland, Colorado 80538
certification shown hereon. Scale (970) 669-2100 — Fax (970) 669-3725
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Exhibit "A"
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Description Exhibit o g
(Drainage Easement) p
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North 1/4 corner "
Sect. 24—T7N—R69W
D
S 89'51'10" E 65
Basis of Bearings
l Rec# 20050040860
Point of `
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Commencement �nED
ro
Rec# 20090030181 Rec# 20090038512
S 89a52'55" E
S 89'52 55 E 332.27 20.01'
Point of Beginning O
Shadowbrook P.U.D, co J
BOOK 1903 PAGE 957 w
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1,259 sq.ft. t9
Drainage
Co EasementLn rn
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SURVEYOR'S STATEMENT Z
I, Alex Randall Perkins, a duly registered Professional Land 20,00'
Surveyor in the State of Colorado, do hereby state that this
Description Exhlbit, to the best of my knowledge, information S 88025'04" W
and belief, truly and correctly represents a drawing made by
me under my dir
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176 page 2
(g��( Field Date Prepared for: Pro ject#: 09018d2
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,��C__ PartyChief New Prospect LLC
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NOTICE: According to Colo u must commence Survey Tech
any Iegdl action based upon any defect In this survey Within •wk - Frederick Land Surveying, Inc.
three years after you first discover such defect. In no Proj. Manager
event, may any action based upon any defect In this survey 6760 North Franklin Avenue
be commenced more than tan years from the data of the or Loveland, Colorado 80538
cartificatlon shorn hereon. Scale (970) 669-2100 — Fax (970) 669-3725
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Exhibit "B"
Page
Description Exhibit
(Access Easement)
A parcel of land located In the Northeast 1/4 of Section 24, Township 7 North,
Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Lorimer,
State of Colorado being more particularly described as follows:
Considering the North line of said Northeast 1/4 as bearing South 89'51'10" East
and with all bearings contained herein relative thereto;
Commence at the Northwest Corner of the Northeast 1/4 of said Section 24;
thence S 89'51'10 E along the North line of said Northeast 1/4, for a
distance of 659.26 feet to the West line of the parcels described at
Reception No. 20050040860 and Reception No. 20090030181 of the Lorimer County records,
thence 5 00'16'33" W on said West Ilne, a distance of 660.05 feet
to the South line of Reception No. 20090030181, said point also being on
the North line of Shadowbrook P.U.D.;
thence S 89'52'55" E on said North line for a distance of 176.91 feet
to the POINT OF BEGINNING;
thence continue S 89'52'55" E on said North line a distance of 25.69 feet;
to the beginning of a curve to the right;
thence on the arc of said curve a distance of 52.45 feet, having a radius
of 72.51 feet, a delta of 41'26'35" and a chord of 51.32 feet bearing
S 52'48'1B" W to a point of a reverse curve to the left;
thence on the arc of sold curve a distance of 158.18 feet, having a radius
of 92.50 feet, a delta of 97'58'45" and a chord of 139.50 feet bearing
S 2432'24" W to a point of tangency,
thence S 24'26'59" E a distance of 59.18 feet;
thence S 6533'01" W a distance of 20.00 feet;
thence N 24'26'59" W a distance of 59.18 feet to a tangent curve to the right;
thence on the arc of said curve a distance of 192.38 feet, having a radius
of 112.50 feet,a delta of 97'58'45" and a chord of 169.78 feet bearing
N 24'32'23" E to a point of a reverse curve to the left;
thence on the arc of said curve a distance of 24.23 feet, having a radius
of 52.51 feet, a delta of 26'26'09" and a chord of 24.02 feet bearing
N 60'18'31" E the Point of Beginning
Containing 5,462 sq. ft.. more or less, and being subject
to all easements and rights of way of record.
a
SURVEYOR'S STATEMENT
I, Alex Randall Perkins, a duly registered Professional Land
Surveyor in the State of Colorado, do hereby state that this
Description Exhibit, to the best of my knowledge, information
and belief, truly and corr represents a drawing made by
me under my direct! OO REr,/
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Field Date Prepared for: Project:09018d1
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Party Chief New Prospect LLC
n a
NOTICE: According to Colorado law you must commence Survey Tech
any legal action based upon any defeat in thin survey within Iwk Frederick Land Surveying, Inc.
three years after you first discover such defect. In no Proj. Manager
event, may any action based upon an defeat In this survey 6760 North Franklin Avenue
he commenced more than inn years from the date of the ar Loveland, Colorado 80538
certification shorn hereon. Scale (970) 669-2100 — Fax (970) 669-3725
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Exhibit "B"
Description Exhibit
Sect. 244---T7N—R69W
North — corner (Access Easement)
JA S 89'51'10" E 659.26'
IV Basis of Bearings
Point of
Commencement
Rec# 20050040860
3 Rec# 20090030181 •
rMi Ln
Prospect Commons is o
RE0. 0 9660�32878 b0 Point of
0 D Beginning
S 89'52'55" E L1
175. 1 CN
Shadowbrook P.U.D. Access C�
BOOK 1903 PAGE 957 Easement
SURVEYOR'S STATEMENT
I, Alex Randall Perkins, a duly registered Professional Land
Surveyor in the State of Colorado, do hereby state that this
Description Exhibit, to the best of my knowledge, information
and belief, truly and correct ents a drawing made by
me under my direction.
Op REG�
6i 5,462 sq.ft. 8
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LINE TABLE IS S
LINE NO. BEARING LENGTH
L1 S 89'5 ' 2 69'
L2 S 2 '28'59' E 59.18'
L3 S 65,33,010 W 0 0 '
L4 N 24 26'59" W
Curve Table o
CurYG# Delia Radius Lengih Chord Chord Bearin
C1 4 '26'3 " 72 5 ' 52.45" 51.3 ' S 52'48' B" W
3
C2 9T58'45' 92.50' 15818' 39.60' S 24'32'24" w L
C3 9T58'45" 1250' 19238' 169.78' N 24'32'23" E
C4 26'26' 9" 5251' 4.23' 24.02' N 60' 1" E page 2
Field Date Prepared for: Project#:0901 8d 1
no
Party Chie
Inaf New Prospect LLC
NOTICE: According to Colorado law you must commence Survey Tech
any legal action based upon any defect In this survey within 'wk Frederick Land SllTVe Inc..
three years after you first discover such defect. In no Proj Manager Surveying,
event, may any action based upon any defect In this survey 6760 North. Franklin Avenue
be commenced more than ten years from the dote of the ar Loveland, Colorado 80538
certification shown hereon. Scale
a�to aato-met m V, 50' (970) 669-2100 - Fax (970) 669-3725
c a" b uaot t