HomeMy WebLinkAbout012 - 02/15/2022 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT ON THE SOUTH TRANSIT CENTER TO FAIRCORDINANCE NO. 012, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT
ON THE SOUTH TRANSIT CENTER TO FAIRCOLL, LLC
WHEREAS, the City is the owner of real property located in Larimer County known as the
South Transit Center (the "City Property"); and
WHEREAS, the Property is used as the southern hub for the City's Transfort bus system;
and
WHEREAS, Faircoll, LLC is the owner of real property adjacent to the City Property, upon
which Faircoll, LLC intends to develop apartments; and
WHEREAS, as part of the City's pending approval of the development, the City is
requiring Faircoll, LLC to install permanent pedestrian connections from its property to existing
pedestrian pathways at the South Transit Center; and
WHEREAS, Faircoll, LLC is requesting a temporary construction easement to access two
areas of the City Property necessary to construct the pathways, which areas are shown and
described on Exhibit "A", attached and incorporated herein by reference (the "TCE"); and
WHEREAS, the term of the TCE will commence upon the date of the City's final approval
of the development plans and will terminate upon the completion of construction or June 30, 2024,
whichever is sooner, or in the event the Faircoll, LLC withdraws its development application or
the application is not approved; and
WHEREAS, upon completion of the pathways, they will become the property of the City
and will be considered compensation to the City in exchange for the TCE because the fair market
value of the pathways is equal to, or exceeds, the fair market value of the TCE; and
WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey,
or otherwise dispose of any 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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the TCE to
Faircoll, LLC as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the TCE to Faircoll, LLC on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the Interim City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the interests
of the City or effectuate the purposes of this Ordinance, including any necessary corrections to the
legal description of the TCE, as long as such changes do not materially increase the size or change
the purpose of the interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 18th day of
January, A.D. 2022 and to be presented for final passage orj the l 5th da, f February, A.D. 2022.
SEAL
ATTEST:
City Clerk
Passed and adopted on final reading on this 15th day o bruary, A. 22.
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ATT';T: . •.
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City Clerk
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EXHIBIT A
LEGAL DESCRIPTIONS
A tract of land situated in the NE1 /4 of Section 2, Township 6 North, Range 69 West of the
Sixth Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado, being a
portion of Lot 1 of South Transit Center Subdivision, recorded on July 17, 2012, under Reception
No. 20120047323 of the Records of Larimer County, said tract being more particularly described as
follows, to -wit:
TEMPORARY CONSTRUCTION EASEMENT No. 1:
Beginning at the northeast corner of said Lot 1 of South Transit Center Subdivision; thence,
from said Point of Beginning, S 01 °01'32" W along the east line of said Lot 1, a distance of 40.00
feet; thence, leaving said east line, N 89°01'14" W a distance of 70.00 feet; thence N 01°01'32" E a
distance of 40.00 feet to a point on the north line of said Lot 1; thence S 89'01'14" E a distance of
70.00 feet to said Point of Beginning; said described tract having an area of 2,800 square feet, more
or less, and being subject to any rights -of -way or easements, recorded or apparent on the ground.
TEMPORARY CONSTRUCTION EASEMENT No. 2:
Beginning at a point on the east line of said Lot 1 of South Transit Center Subdivision,
whence said point bears S 01°01'32" W along the east line of said Lot 1, a distance of 340.56 feet
from the northeast corner of said Lot 1; thence, from said Point of Beginning, continuing along said
east line, S 01°01'32" W a distance of 35.00 feet; thence, leaving said east line, N 89°01'33" W a
distance of 25.00 feet; thence N 01'01'32" E a distance of 35.00 feet; thence S 89°01'33" E a
distance of 25.00 feet to said Point of Beginning; said described tract having an area of 875 square
feet, more or less, and being subject to any rights -of -way or easements, recorded or apparent on the
ground.
BASIS OF BEARINGS:
The east line of said Lot 1 of South Transit Center Subdivision bears S 01 °01'32" W, being a
grid bearing of the Colorado State Plane coordinate System, North Zone, NAD 83/92 as described
on said plat of South Transit Center Subdivision, recorded on July 17, 2012, under Reception No.
20120047323 of the Records of Larimer County, Colorado.
I, Michael D. Bertram, a Colorado licensed Profession Land Surveyor, do hereby state that thi:
description was prepared under my direct sn»ervisinn anal is true to the best of my knowledge.
D. Bertram, PLS #38595
Sanderson Stewart
425 W. Mulberry St., Ste. 201
Fort Collins CO 80521
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EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENTS WITHIN
LOT 1 OF SOUTH TRANSIT CENTER SUBDIVISION,
NE1 /4, SECT. 2, T. 6 N., R. 69 W., 6th P.M.
PREPARED FOR CITY OF FORT COLLINS NOVEMBER, 2021
PREPARED BY SANDERSONSTEWARTIf FORT COLLINS, COLORADO
S 89'01'14" E 303.82'
25' UTILITY EASEMENT I I + 70.00' j
REC. NO. 20110043465—�* f
10' UTILITY EASEMENT, N01.01'32"E
BK 1432, PG 973 40— I —
TEMPORARY — N89'01'14"W
�— CONSTRUCTION 70.00'-�
\ / EASEMENT #1:
2,800 sf
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✓ I ACCESSRGENCY ALIGNMENT
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25' EMERGENCY
f I ACCESS ALIGNMENT
I 30' ACCESS
ALIGNMENT
LOT 1, SOUTH TRANSIT
CENTER SUBDIVISION,
REC. NO. 20120047323 l
40' UTILITY I� I
,� 20' UTILITY I ALIGNMENT f
ALIGNMENT
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SCALE: 1" = 60'
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