HomeMy WebLinkAbout009 - 01/21/2014 - AUTHORIZING THE CONVEYANCE OF A PERMANENT IRRIGATION DITCH EASEMENT AND RIGHT-OF-WAY TO THE LARIMER ORDINANCE NO. 009, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT
IRRIGATION DITCH EASEMENT AND RIGHT-OF-WAY TO
THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY
WITHIN THE SOUTH COLLEGE AVENUE FRONTAGE ROAD
WHEREAS, the City is the owner of right-of-way for the South College Avenue frontage
road between Foothills Parkway and Monroe Drive (the "Right-of-Way'); and
WHEREAS, the Larimer County Canal No. 2 Irrigating Company ("Larimer No. 2") is
the owner of an irrigation ditch that currently crosses under College Avenue north of the Right-
of-Way, runs through the Foothills Mall property, and then crosses back under College Avenue
at Monroe Drive; and
WHEREAS, as part of the redevelopment of the Foothills Mall, the Mall owner has
agreed to relocate the Larimer No. 2 ditch off of the Mall property and into a new box culvert
that would run underneath the Right-of-Way; and
WHEREAS, the City would benefit from the relocation of the ditch because a pedestrian
underpass could then be constructed where the ditch currently crosses under College Avenue,
thereby providing an improved pedestrian connection between the Mall and the MAX/BRT
station; and
WHEREAS, Larimer No. 2 will only agree to relocate its ditch if the City will grant it a
permanent easement for the ditch within the Right-of-Way; and
WHEREAS, the proposed easement is described on Exhibit "A", attached hereto and
incorporated herein by reference (the "Easement'); and
WHEREAS, two commercial properties are located adjacent to the Right-of-Way; and
WHEREAS, the owners of the adjacent properties also have a property interest in the
City Right-of-Way, as title to the Right-of-Way property would vest in the adjacent owners if the
City ever vacated the Right-of-Way; and
WHEREAS, in order to avoid encumbering the interests of the adjacent property owners
with the Easement, the City is negotiating with the adjacent property owners to acquire their
interests in the Right-of-Way; and
WHEREAS, the City would not convey the Easement to Latimer No. 2 until the City has
secured such property interests from the adjacent owners; and
WHEREAS, the City does not plan to charge Larimer No. 2 for the Easement because
Larimer No. 2 is relocating its ditch at the request of the City for the benefit of the City and the
Mall redevelopment; and
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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 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 Easement to Larimer No. 2 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 Easement to Latimer No. 2 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 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 14th day of
January, A.D. 2013, and to be presented for final passage on the 21st day of January, A.D. 2014.
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Passed and adopted on final reading on the 21 st day of January, A.D. 2014.
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Exhibit 'A' Page 1 of 4
FRONTAGE ROAD TRACT 1
AT SOUTH COLLEGE AVENUE AND WEST FOOTHILLS PARKWAY
A PARCEL OF LAND BEING ALIT OF THE FRONTAGE, ROAD AS DEDICATED ON THE PLAT OF
THE VILLA A PUD AS RECORDED AT RECEPTION NO. 499143 IN THE LARIMER COUNTY
CLERK AND RECORDER' S OFFICE ALSO BEING A PORTION OF THE SOUTHEAST 1/4, OF
SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, WHENCE THE EAST 1./4
CORNER OF SAID SECTION 26 BEARS N00004' 53"E, 2642 . 43 FEET; THENCE
N00004' 53"E ALONG THE EAST LINE OF SAID SECTION 26 1, 571 . 66 FEET; THENCE
N89055' 11"W, 50 . 44 FEET TO THE WEST RIGHT—OF—WAY LINE OF SOUTH COLLEGE
AVENUE AND TO THE POINT OF BEGINNING;
THENCE S00015' 11"E, ALONG SAID WEST RIGHT—OF—WAY LINE 225. 99 FEET TO THE
SOUTH LINE OF SAID PLAT;
THENCE S89055' 50"W, ALONG SAID SOUTH LINE, 50 .00 FEET TO THE EAST LINE OF
LOT B OF SAID PLAT;
THENCE N00015' ].1"W, ALONG SAID EAST LINE OF LOT B 226. 12 FEET TO THE NORTH
LINE OF SAID PLAT;
THENCE S89055' 11"E, ALONG SAID NORTH LINE 50 .00 FEET TO THE POINT OF
BEGINNING;
CONTAINING 11, 301 SQUARE FEET (0. 259 ACRES) ,. MORE OR LESS.
PREPARED BY NATHAN A. VANRAEMDONCK, PLS 38098
FOR AND ON BEHALF OF FARNSWORTH GROUP, INC.
cam="•• 1^i / ;:';Y
8055 EAST TUFTS AVENUE, SUITE 850 `5,��.�^,�' d!l•(;{ ���q .:' '
DENVER, CO 80237 .`•j:•'r V" `J/" ;' `;:j"
38098'te-:,4,! iA;JDSS
Exhibit 'A Page 2 of 4
THIS EXHIBIT DOES NOT REPRESENT
A MONUMENTED SURVEY. IT IS
INTENDED ONLY TO DEPICT THE
ATTACHED DESCRIPTION.
0 = CHANGE IN COURSE LOT O/UE I
ONLY R/CH/E S EXPRESS EAST 1/4
CAR,WASH SUBDIVISION II CORNER
REC. NO.20010063612 I SECTION 26,
OWNER: S89°55'11"E II T7N, R69W
RICHIE'S FORT COLLINS
EXPRESS CARWASH LLC 50.00,
M4Cr A
' R/CH/E'S EXPRESS V
CARIWASH SU6D/V/S70N REC. NO.20010063512 A9°55'11''W m
z
POINT OF BEGINNING
Z
LOr e I °
THE VILL4 A PUD m w
REC. NO.499143 rn to
UTILITY & OWNER: N h N O
ACCESS
EASEMENT GENERAL MILLS N z
RESTAURANT GROUP INC. W
C/O RED LOBSTER STORE /O F
— � _ _ _ — — — /� L Lla
w— o /� o ml W
FRONTAGE ROAD z A j to V w
TRACT I o Z
11,301x SO. FT. ~ z OF
(0.259t ACRES) V' 0 0 Q
II
0 30 60 L - - -. - - - _ _
SCALE: 1"=60' 50.00'
S89055'50"W SOUTHEAST
oNypDO,/�ICFN 7/ CORNER
SECTION 26,
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Farnsworth
FOOTHILLS MALL REDEVELOPMENT SUBDIVISION arojecir:. otzo3oz-oo
u 0U �Y AA JJ HH NN i IILL�Y YY FORT COLLINS, COLORADO Appro by. NAV
Approved:
GROUP Date; 11-8-2013
8055 EAST TUFTS AVENUE. SUITE 850 FRONTAGE ROAD TRACT 1 Remsed 11-14-2013
DENVER,COLORADO 60237
(303)692-8838/(303)692-0470 Fax SE 1/4 SEC. 26, WIN, R69W, 6TH, P.M.
Exhibit 'A Page 3 of 4
FRONTAGE ROAD TRACT 2
AT SOUTH COLLEGE AVENUE AND WEST FOOTHILLS PARKWAY
A PARCEL OF LAND BEING A PORTION OF' THE FRONTAGE ROAD AS DEDICATED ON THE
PLAT OF SOUTH MESA SUBDIVISION AS RECORDED AT RECEPTION NO. 914932 IN THE
LARIMER COUNTY CLERK AND RECORDER' S OFFICE ALSO BEING A PORTION OF THE
SOUTHEAST 1/4, OF SECTION 26, TOWNSI4IP 7 NORTH, RANGE 69 WEST OF THE,SIXTH
PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF -
COLORADO, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, WHENCE THE EAST 1/4 .
CORNER OF SAID SECTION 26 BEARS N00004' 53"E, 2642 . 43 FEET; THENCE
N00°04' 53"E ALONG THE EAST LINE OF SAID SECTION 26 1, 345. 80 FEET; THENCE
S89055' 50"W, 49. 1.2 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH COLLEGE
AVENUE AND TO THE POINT OF BEGINNING;
THENCE S00015' 11"E, ALONG SAID WEST RIGHT-OF-WAY LINE 742 .05 FEET TO THE
SOUTHEASTERLY LINE OF SAID PLAT OF SOUTH MESA SUBDIVISION;
THENCE S49015' 19"W, ALONG SAID SOUTHEASTERLY LINE, 78. 90 FEET TO THE EAST
LINE OF LOT 11 OF SAID SOUTH MESA SUBDIVISION;
THENCE N00°15' 11"W, ALONG SAID EAST LINE OF LOT 11 AND THE EAST LINES OF
LOTS 2, 3, 4 AND 5 OF SAID SOUTH MESA SUBDIVISION -543. 47 FEET TO THE SOUTH
TINE OF THE VACATED PORTION OF THE FRONTAGE ROAD AS DESCRIBED IN ORDINANCE
168 OF 1984 AS RECORDED IN BOOK 2302 AT PAGE 0783 IN SAID OFFICE;
THENCE ALONG THE SOUTHERLY AND EASTERLY LINES Of' SAID PORTION OF THE
FRONTAGE ROAD THE FOLLOWING FOUR COURSES:
1. N89°55' 49"E, 10.74 FEET;
2. N09°47' 20"E, 22 . 91 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 167.51 FEET; 5
3. NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 10°02130", ALONG THE ARC OF
SAID CURVE 29.36 FEET, SAID CURVE HAVING A CHORD THAT BEARS
N04046' 05"E, 29.32 FEET;
4 . N00015' 11"W, 198.21 FEET TO THE NORTH LINE OF SAID SOUTH MESA
SUBDIVISION;
THENCE N89°55' 50"E, ALONG SAID NORTH LINE 42. 70 FEET TO THE POINT OF
BEGINNING;
CONTAINING 41,869 SQUARE FEET (0. 961 ACRES) , MORE OR LESS.
PREPARED BY NATHAN A. VANRAEMDONCK, PLS 38098
FOR AND ON BEHALF OF FARNSWORTH GROUP, INC. _���� y'•°^..; F",���
8055 EAST TUFTS AVENUE, SUITI; 850
DENVER, CO 80237 �€j'��//fF ; �
Exhibit 'A' Page 4 of 4
THIS EXHIBIT DOES NOT REPRESENT - POINT OF BEGINNINGI �EAST CORNER 4
A MONUMENTED SURVEY. IT IS
INTENDED ONLY TO DEPICT THE / SECTION
ATTACHED DESCRIPTION. NW55'50"E / 26, WN•
o,= CHANGE IN COURSE OWNER: 42.70' R69W
ONLY MARKLEY / S89°55'50"W
INVESTMENT ORD 168 / 49. 2'
COMPANY,LLLP OF 1984
LOT 6 A=10°02'30" LOT 9
R=167.51' rn 4i
L=29.36' z
CH=N04'46'05"E LLA
Q
CL=29.32'
I I LOT 2 ORD 168
LOT 7 of lsea / v
N09047'20"E cc
22.91' �E j I Z
p a ~
N89055'49"E a N
OWNEI 10.74' AQ M 0
LOT 8
MARKLEY LOT 3 �� in "' U
INVESTMENT 0:zt lV A l w
COMPANY,LP �
12' UTILITY w O
EASEMENT H Z
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LOT 9 P LOT 4 v r ~
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- - - - r70J0O' - - - - -
�c,; FRONTAGE ROAD LID
LOT 10 �� TRACT 2 0 /
o 50 ®o 41,869± SQ. FT. Z
SCALE: 1"=100' w
EAST MONROE DRIVE W
pp0/l/�
LL U
o w
z
OWNER: OO
C�Z 38098 �. MARKLEY / a O
a Q S49°15'19"W
' O INVESTMENT SOUTHEAST
� ', 11"1S-ld 13J COMPANY,LLLP I I - 78.90, CORNER
LOT 12 SECTION
•• LOT 13 LOT 11 26, T7N,
�4
L LAB I SOUTHEAST LINE R69W
SOUTH MESA
SUBDIVISION
I non I P: 201? 0120302.00—Foothills Mall\Dnq\Exhibits\0120302.DO—Ditch Relocation Frontn<e Road Easements Marklr. .dvr 1 11 14/2013 2. PM
Farnsworth FOOTHILLS MALL REDEVELOPMENT SUBDIVISION ProjecDi a,,
0120}02-00
u II VV G FORT COLLINS, COLORADO Apprr vey Nnv
Approved:
GROUP Date, 11-8-2013
8O55 EAST TUFTS AVENUE, SUITE 850 FRONTAGE ROAD TRACT 2 Revised: 11-14-2013
DENVER,COLORADO 80237
(303)692-8838/(303)692-0470 Fax SE 1/4 SEC. 26. T7N, R69W,6TH. P.M.