HomeMy WebLinkAbout042 - 03/19/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE OUTFALL EASEMENT AND A TEMPORARY CONSTRUCTION ORDINANCE NO. 042, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
DRAINAGE OUTFALL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT
ON ARCHERY RANGE NATURAL AREA TO COTTONWOOD LAND AND FARMS
WHEREAS, the City is the owner of a parcel of real property known as Archery Range
Natural Area,which is described on Exhibit"A",attached and incorporated herein by reference(the
"City Property"); and
WHEREAS, Cottonwood Land and Farms, LLC("Cottonwood")is the owner and operator
of the East Rigden Pit gravel mine, located west of the City Property (the,"Pit'); and
WHEREAS,as part of the reclamation of the Pit,Cottonwood is planning to drain water from
the Pit back into the Poudre River; and
WHEREAS, Cottonwood is requesting from the City a non-exclusive drainage outfall
easement that would be used to convey water from the Pit to the Poudre River via a buried pipeline
across the southwestern portion of the City Property, as well as a temporary construction easement;
and
WHEREAS,the proposed easements are shown and described on Exhibit`B",attached and
incorporated herein by reference (the "Easements"); and
WHEREAS,Cottonwood has paid a$1500 application fee to the Natural Areas Department
as compensation for City staffs time to process this request, and would also pay $132 as
compensation for the Easements, a restoration fee of$269, and a $40 mitigation payment for lost
ecological goods and services due to the project; and
WHEREAS, Section 23-111(a)of the City Code provides 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 City Council hereby finds that the conveyance of the Easements on
the City Property to Cottonwood Land and Farms, 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 Easements to Cottonwood Land and Farms, 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 or to effectuate the purpose of this Ordinance, 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 5th day of
March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013.
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Passed and adopted on final reading on the 19th day of March, A.D. 2013.
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EXHIBIT "A"
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS RESOURCE
RECOVERY FARM
A L'ract of land located in Sections 21, 22, 27 and 28 , Township 7
North, Range 66 West of the Sixth Principal Meridian, Larimer
County, Colorado, the said tract is also a portion of that certain
tract of land described in a Warranty Deed recorded October 2, 1979
in Book 1992 at Page 280 records of the Clerk and Recorder of the
said Larimer County, the said tract is also a portion of .that
certain tract of land described in Exhibit "B" as attached to an
Easement Agreement Recorded September 6, 1995 Ect Reception No.
95055231 records of the said Clerk and Recor-ier, being more
particularly described as follows;
Considering the south line of the Southeast quarter of Section 21
as bearing North 88 degrees 44 minutes 39 seconds West between a LS
20605 Aluminum Cap monument at the south quarter corner of the said
Section 21 and a LS 17497 Aluminum Cap monument at the southeast
corner of Section 21, based upon G. P .S. observation and with all
bearing contained herein relative thereto;
Commencing at the Southeast Corner of the said Section 21;
THENCE along the south line of the said southeast quarter,
North 88 degrees 44 minutes 39 seconds West fcr a distance of
300 .61 feet to the TRUE POINT OF BEGINNING of this description;
THENCE leaving the said south line, South 19 degrees 13
minutes 46 seconds East- for a distance of 84 .31 feet;
TJ1rNCE South 04 degrees 13 minutes 14 seconds East for a
distance of 593 .72 feet;
THENCE, South 23 degrees 43 minutes 07 seconds East for a
distance of 336 .44 feet;
THENCE. South 36 degrees 26 minutes 05 seconds East for a
distance of 422 .60 fact;
THENCE North 62 degrees 39 minutes 07 seconds East for a
distance of 26 .49 feet;
THENCE South 39 degrees 56 minutes 06 Se.conds East for a
distance of 94 . 04 feet;
THENCE North 87 degrees 25 minutes 24 seconds East for a
distance of 159. 71 feet;
THL•'NCE South 59 degrees 25 minutes 23 seconds East for a
dist•.ance of 135 .83 feet• ;
THENCE South 03 degrees 16 minutes 50 Seconds East for a
distance of 107 . 19 feet;
THLNCE North 85 degrees 41 minutes 26 seconds East for a
distance of 48 .38 feet ;
THENCE North 43 degrees 51 minutes 33 soaonds East for a
distance of 68.66 feet to the westerly right of way of I-25 as
shown on a Boundary Survey of the Strauss Cabin Trailhe:ad Property
performed by LS17497 (myself) for t•he said City of ForL Collins in
October 1986 ;
THENCE along the said westerly right of way the fo3lowing
PAGE 1 OF 3
three (3) courses and distances, (1) North 12 deg:cees 32 minutes 55
seconds West for a distance of 891 . 19 feet;
(2) North 02 degrees 42 minutes 21 seconds West for a distance
of 304 .35 feet;
(3) North 12 degrees 25 minutes 28 seconds Wei;t for a distance
of 321 . 64 feet ;
THENCE continuing along the said westerly :right of way as
shown on a survey by LS14023 and as defined in the property
description shown in the said Book 1992 at Page 280 the following
seven (7) courses and distances, (1) North 12 deg:raes 38 minutes 14
seconds West for a distance of 968 . 64 feet ;
(2) North 25 degrees 25 minutes 54 seconds West for a distance
of 425 , 50 feet;
(3 ) along a curve to the right having a radius of 11680 .00
feet a central angle of 03 degrees 00 minutes 01 :;•:conds and an arc
length of 611 . 62 feet, being, subtended by a chord of North 09
degrees 52 minutes 54 seconds West for a distance of 611 , 55 feet;
(4) North 06 degrees 05 minutes 36 seconds East for a distance
of 417 .50 feet;
(5) along a curve to the right having a radius of 11583 . 00
feet a central angle of 06 degrees 33 minutes 06 seconds and an arc
length of 1324 .49 feet, being subtended by a chord of North 03
degrees 07 minutes 19 seconds West for a distance of 1323 , 77 feet;
(6) North 00 degrees 11 minutes 08 seconds East for a distance
of 53 . 90 feet;
(7) North 06 degrees 05 minutes 24 seconds West for a distance
of 345 .66 feet to the north line of a Permanent Easement as
recorded in Resolution 88-66 recorded June 13 , 1988 at Reception
No. 88026808 records of the said Clerk and Recorder;
THENCE, along the said north line and along the east line of
the said easement recorded at Reception No. 880i6808 the following
seven (7) courses and distances, (1) South 69 decrees 57 minutes 13
ecconds West for a distance of 1059 .64 feet,;
(2) North 36 degrees 10 minutes 43 seconds West for a distance
of 3.17 . 93 feet ;
(3) North 17 degrees 41 minutes 20 seconds East for a distance
of 404 .31 feet;
(4) along a curve to the left having a radius of 612. 96 feet
a central angle of 40 degrees 05 minutes 20 seconds and an arc
length of 428 . 68 feet, being subtended by a chord of North 02
degrees 21 minutes 20 seconds West for a distance of 120.18 feet;
(5) North 22 degrees 24 minutes 00 seconds West for a distance
of 110 .41 feet;
(6) along a curve to the right having a raci.us of 532 . 96 feet
a central angle of 14 degrees 20 minutes 52 =.e:conds and an arc
length of 133 .46 feet, being subtended by a chord of North 15
degrees 13 minutes 34 seconds West for a distance of 133 .11 feet;
(7) non-tangent from the previous curve, Ncrth 44 degrees 22
minutes 29 seconds East for a distance of 136 . 14 feet to the
existing south right of way of East Prospect Rca.d;
THENCE along the said south right of way, being a line which
is 30 . 00 feet (measured at right angles) south of and parallel with
PAGE 2 OF 3
the north line of the said northeast quarter of the said Section
21 North 80 degrees 21 minutes 25 seconds West for a distance of
394 . 38 feet to the east line of that certain tract of land
described in a Special Warranty Deed recorded May 1, 1997 at
Reception No. 97026804 records of the said Clerk and Recorder;
THENCE along the said east line, South 32 degrees 18 minutes
02 seconds East for a distance of 560.68 feet to the south line of
the said tract described at Reception No. 97026304;
THENCE along the said south line, South 88 degrees 25 minutes
55 seconds West for a distance of 127 . 80 feet to the east line of
the Mining and Reclamation Agreement Regarding Resource Recovery
Farm Property as filed with the Clerk' s Office of the said City of
Fort Collins having an "effective date" of April 24, 2000;
THENCE along the said east line of the Miring and Reclamation
Agreement the following three (3) courses and distances, (1) South
O1 degrees 12 minutes 28 seconds West for a distance of 3588 . 51
feet;
(2) South 39 degrees 41 minutes 47 seconds East for a distance
of 229 .49 feet;
(3) South 06 degrees 41 minutes 55 seconds East for a distance
of 119'7 . 3.0 feet to the north line of that certain tract of land
described in a Bargain and Sale Deed recorded September 6, 1995 at
Reception No. 95055229 records of the said Clerk and Recorder;
TIIFNCE along the said north line, South 08 degrees 40 minutes
11 seconds East for a distance of 103 .42 feet to the northerly line
of that certain tract of land described in a Bargain and Sale Dead
recorded September 6, 1995 at Reception No. 95055230 records of the
said Clerk and Recorder;
THENCE along the said northerly line, North 61 degrees 21
minutes Ol seconds East for a distance of 306.0!) feet to the said
south line of the southeast quarter of Section 21;
THENCE along the said south line, South 8e degrees 44 minutes
39 seconds East for a distance of 564 . 61 feet to the point of
beginning.
Containing 156 .467 Gross Acres more less. The above described tract
is subject to the said Easement granted at Reception No. 88026808 ,
The said easement contains 5 ,118 acres more or less , The net area
for the above described tract is 151,.369 acres more or less .
The above described tract is also subject to any other easements
and rights of ways now existing or of record that encumber the
property.
I hereby state that the above description was pre,Pared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. This description is based upon previously compiled
descriptions and not upon a actual field survey.
WALLACE C. MUSCOTT COI,ORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
PAGE 3 OF, 3
EXHIBIT B
Permanent and Temporary Easement
Proncrty Description
Parcel PIE,
A strip of land.Twenty(20)feet in width,for permanent easement purposes,being part of the Southwest Quarter
(SW I/4)of Section Twenty-seven(27),Township Seven North(T.79.),Range Sixty-eight West(R68W.)of the Sixth
Principal Meridian(e P.M.),County of larimer,State of Colorado,said strip of land lying Ten(10)feet,as measured
at a right angle,on each side of the following described reference line:
COMMENCING m the Southwest Comer of said Section 27 and morning the West line of the Southwest Quarter
(SWI/4)of mid Section 27,being monumental'ized by a 3 1/4"diameter illegible brass cap in concrete on the South
end and by two reference monuments being 2 318"diameter pipes with a 3 1/4"diameter aluminum raps stamped
"LSI2374 1996"on the North end,as tearing North 00'07'06"West,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1993/2007,a d'amnce of 2622.59 feet,with all bearings
contained herein relative thereto:
THENCE North 00°07'06"West along the West line of the Southwest Quarter(SW 1/4)of said Section 27 a distance
of 1678.01 feet to a point being Ten(10)feet,as measured at a right angle,Northeasterly of the Northeasterly Rightof-
Way line of the Great Westem Railway Company,said Northeasterly Right-of-Way line being Fifty(50)feet,as
measured at a right angle,Northeasterly of and parallel with the centerline of the main track of said Great Wei em
Railway Company;
THENCE South 56°58'18"East along a line being Ten(10)feet,as measured at a right angle,Northeasterly of and
parallel with said Nonheaslerly Right-of--Way line a distance of936.63 feet to the Westerly line of that parcel of land
described in that Warranty Deed recorded August 9,1983 in Book 2232 at Page 108 of the records of the l.arimer
County Clerk and Recorder,Said point being the POINT OF BEGINNING of said reference line;
THENCE continuing South 56'58'18"East along a line being Ten(10)feel,as measured at a right angle,Northeasterly
of and parallel with said Northeasterly Right-of-Way line a distance of94.91 feet,said point being the POINT OF
TERMINATION of said reference line.
The sidelines of said strip of land shall be lengthened or shortened to terminate on the Westerly line of that parcel of
land described in said Warranty Deed at the Point of Beginning and at a line dmwn perpendicular to said reference line
at the Point uVramination.
Said snip of land contains 1398 sq.ft.,more or less(t),and may be subject to any righmof--way or other casements of
record or as now existing on said described strip of land.
Parcel TCE
A strip of land,Twenty(20)feet in width,for temporary construction easement purposes,being part of the Southwest
Quarter(SWI/4)of Section Twenty-seven(27),Township Seven North(T.7N.),Range Sixty-eight West(R68W.)of
the Sixth Principal Meridian(6°P.M.).County of Larima,Stale of Colorado,the Southwesterly line of said strip of
land lying Ten(10)feet,as measured at a right angle,Northeasterly of and parallel with the previously described
reference line:
The sidelines of said strip of land shall be lengthened or shortened to terminate on the Westerly line of that parcel of
land described in said Warranty Deed at the Point of Beginning and at a line drawn perpendicular to said reference line
at the Point of Termination.
Said strip of land contains 2012 sq.R,more or less(i),and may be subject to any rights-of-way or other easements of
record or as now existing on said described strip of land.
SURVEYOR'S STATEMENT
1,Michael Chad Dilka,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking and than it is true and correct to the best of my knowledge
and belief.
P O /C
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Michael Chad Diilm-on Ifo King Surveyors,Inc.
Colorado Licensed Professinual Land Surveyor#38106
KING SURVEYORS,INC.
650 East Garden[hive
Windsor,Colorado 80550
(970)686-5011 IN:2012099
LA2012099\property descriptionslEASFMFNT-FORT COLLINS PROPERTY.docx
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