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Home My WebLink About072 - 06/06/2023 - AUTHORIZING THE DISPOSITION OF A PORTION OF A SHARED PARKING EASEMENT AND THE EXECUTION OF AN AMENDMENT TO THE SHARED PARKING AND ACCESS EASEMENT DEED AND AGREEMENTORDINANCE NO.072,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DISPOSITION OF A PORTION OF A SHARED PARKING EASEMENT AND THE EXECUTION OF AN AMENDMENT TO THE SHARED PARKING AND ACCESS EASEMENT DEED AND AGREEMENT WHEREAS,City Code Section 23-111 requires City Council authorization to sell,convey, exchange,or otherwise dispose of any and all interests in real property,including easements, owned in the name of the City;and WHEREAS,in 2014,the City and Dillon Companies,LLC,executed the Shared Parking and Access Easement Deed and Agreement (the “Agreement”),Larimer County Clerk &Recorder Reception #20140048657,for sixty parking spaces for users of the Mason Corridor MAXIBRT Project on the property located at the northwest corner of Drake Road and College Avenue (the “Property”);and WHEREAS,the City and Dillon Companies,LLC,wish to reduce the size of the original easement by approximately 1,500 sq.ft.but provide additional easement area in another portion of the Property and thirty-four additional parking spaces;and WHEREAS,the reduction of the original easement along with the provision of additional easement area and additional parking spaces constitutes an exchange of the City’s interest in real property requiring City Council authorization;and WHEREAS,the City and Dillon Companies,LLC,have drafted an amendment to the Agreement (the “Amendment”)to formalize such exchange;and WHEREAS,City Council finds that the exchange is in the best interests of the City because the reduction in the original easement is more than offset by the additional easement area and parking spaces provided for users of the Mason Corridor MAXIBRT Project. 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 conveyance and exchange of the easement on the Property as provided herein is in the best interests of the City. Section 3.That the City Manager is hereby authorized to execute the Amendment attached hereto and incorporated herein as Exhibit “A”to exchange the easement 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,any necessary changes to the legal description of the easement,as long as such changes do not materially decrease the size or change the character of the easement. Introduced,considered favorably on first reading and ordered published this 16th day of May,2023,and to be presented for final passage on the 6t-eay of June,2P I Mayo ~‘ / 2023. 41 —7 ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 6th day of ATTEST: a or Chief Deputy City Clerk EXHIBIT A TO ORDINANCE NO.072,2023 AMENDMENT TO SHARED PARKING AND ACCESS EASEMENT DEED AND AGREEMENT THIS AMENDMENT TO SHARED PARKING AND ACCESS EASEMENT DEED AND AGREEMENT (“Amendment”),dated ,2023,is entered into by and between DILLON COMPANIES,LLC,a Kansas limited liability company f/ic/a DILLON COMPANIES, INC.,a Kansas corporation (“Grantor”)and THE CITY OF FORT COLLINS,COLORADO,a municipal corporation (“Grantee”). Recitals: A.Grantor and Grantee entered into a Shared Parking and Access Easement Deed and Agreement on May 29,2014 and recorded with the Larimer County Clerk and Recorder’s on August 28,2014 at Reception No.20140048657 (the “Agreement”).(Initially capitalized terms not defined herein have the same meaning as in the Agreement);and B.Grantor and Grantee have agreed to revise the shared parking areas on the Property; C.Grantor and Grantee desire to amend the Agreement in the manner and form herein set forth. NOW,THEREFORE,for good and valuable consideration,Grantor and Grantee hereby agree as follows: 1.BRT Easement Tract.The BRT Easement Tract is amended to add 34 spaces,for a total of 94 spaces,legally described on Exhibit A and depicted on Exhibit B attached hereto and to revise and amend the area of the initial spaces granted to that legally described on Exhibit ~and depicted on Exhibit D attached hereto. 2.Parking Søaces.Paragraph 2 is amended to expand the number of Parking Spaces to a total of 94. 3.Grantor’s Rights in Easement Area.Paragraph 4 is amended to reflect the expansion of Parking Spaces and the minimum number of spaces is 94. 4.Full Force and Effect.Except as amended herein,all terms and conditions of the Agreement shall continue in full force and effect.The Agreement is hereby ratified and affirmed by the parties,and is binding upon the parties in accordance with its terms. 5.Counterparts.This Amendment may be executed in counterparts which when taken together shall constitute one document. IN WITNESS WHEREOF,the parties have executed this Amendment as of the day and year first written above. ISIGNATURE PAGES FOLLOWJ EXHIBIT A TO ORDINANCE NO.072,2023 GRANTOR: DILLON COMPANIES,LLC,a Kansas limited liability company By: Its:____________________________________________ Date:__________________________________ STATE OF OHIO ) )ss. ________COUNTY ) The foregoing instrument was acknowledged before me this day of 2023,by _________________as ___________________of Dillon Companies,LLC, a Kansas limited liability company. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A TO ORDINANCE NO.072 2023 GRANTEE: THE CITY OF FORT COLLINS,COLORADO,a Municipal corporation By:— Its: Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney STATE OF COLORADO ) )ss. COUNTY ) The foregoing instrument was acknowledged before me this day of 2023,by _________________as ___________________of the City of Fort Collins, Colorado,a municipal corporation. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A TO ORDINANCE NO.072,2023 Exhibit A LEGAL DESCRIPTION SHARED PARKING EASEMENT A SHARED PARK NG EASEMENT OVER PART OF LOT 2 EXTENSION OF K MART PLAZA PLAT RECORDED AT BOOKS,PAGE 4 AND PART OF TRACT 2,K-MART PLAZA PLAT,RECORDED AT BOOK K,PAGE 3 AND PART OF A TRACT DEEDED TO DILL ON COMPANY NC RECORDED AT RECEPTION NO. 20140048658,ALL RECORDED IN THE LARIMER COUNTY CLERK AND RECORDER’S OFF CE ALL LOCATED IN PART OF THE SOUTHEAST QUARTER OF SECT ON 23 TOWNSH P7 NORTH RANGE 69 WEST OF THE 6rH P.M.,CITY OF FORT COLLINS LARIMER COUNTY COLORADO,SAID EASEMENT DESCR BED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2, THENCE S0?22’03”W.A DISTANCE OF 8739 FEET ON THE WEST L NE OF SAID LOT 2 THENCE 588°37’srE,A DISTANCE OF 16.96 FEET,MEASURED PERPENDICULAR TO SAD WEST LINE, TO THE POINT OF BEGINNING THENCE S88°40’35’E,A DISTANCE OF 1550 FEET THENCE S01°19’25~W A DISTANCE OF 415.00 FEET THENCE N8840’35”W,A DISTANCE OF 15.50 FEET; THENCE NOl °19’25”E,A DISTANCE OF 415.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 6,432 SQUARE FEET OR 0.148 ACRES. BASIS OF BEARING:THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 23,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH P.M.,LARIMER COUNTY,COLORADO,IS ASSUMED TO BEAR NORTH 00°22’28 EAST A DISTANCE OF 2640.62 FEET,MONUMENTED AT THE SOUTH END BY A 2-5 ALUMINUM PIPE WITH 3”ALUMINUM CAP IN A RANGE BOX STAMPED LS 17495,1991 AND MONIJMENTED AT THE NORTH END BY A 2.5 ALUMINUM CAP IN A RANGE BOX,STAMPED LS 17495, 1995 W rH ALL OTHER BEARINGS REFERENCED THERETO. EXHIBIT B IS ATTACHED HERETO AND IS ONLY NTENDED TO DEPICT EXHIBIT A-LEGAL DESCRIPTION IN THE EVENT THAT EXHIBIT A CONTAINS AN AMBIGUITY,EXHIBIT B MAY BE USED TO RESOLVE SAID AMBIGU TY PREPARED FOR AND ON BEHALF OF GALLOWAY S BY FRANK A.KOHL,PLS#37067 Novsmber 30 2022 Hiking Soopers City MarkenCO Fort Colitis IcSS000I46 .#l B College &OrakeiSunieyiDocumcntsiLegel DescnplionsikSSl4B- SF,aredPackingEasement West doc EXHIBIT A TO ORDINANCE NO.072,2023 9I~D P~GHG EASEI~NT ————PLSS ALICOIJT UHF AU.UNEAL 1)1115 ~E US &FWY FEET EXHIBIT B I I I I SHARED PARKING E~~IENT I I Oi48AC I I p I I I I I I I I I I I I I ______________20’U11Ufl EASEMENT I K—M~T PLAZAII I I I P 0 alT or rr.caJi~s UNDERGROUND UTIUTIES B0~<1297,PAGE 131 TRACT 2 K—MmT PLAZA aomc K.PAGE 3 LEGEND +AIJ®DT ~C~ER (As oEs~mED) uflIrcu n.y L ‘57E l&50’ LOT 2 EXIENSIOI Of K—id~r PLAZA BOOK 5,PAGE 4 REC.NO. - -50’ EAST WARiER c~1ER, sEClI~l 23,1 7 N.,R.69 W. FOIRIV 2.5 ALLMMJM C~ IN RANGE BOX STMAPED 1S 17495’ 70 ‘qt2 C = oo~ 9 + A N 0 10 30 60 SCALE,l’6O’ SOJINEAST CCI*(ER ~CE~4 23 FOUND 2.5’AIJWNIM PW’E YMH 3•ALUN14UI~CAP 14 RW4&~X_L 5TM~PE0’LS17495,1991’ N8t40tW 1MO’. PART OF THE SOUTHEAST QUARTER OF SECTION 23,T.7 N.,R.69W.OF THE 6TH P.M. CITY OF FORT COLLINS COUNTY OF LARIMER.COLORADO SHARED PARKING EASEMENT EXHIBIT Project No: Drawn By Checked By KSS00001 802 NI FAK ii ‘22 Gafloway 0111 Me~tl H...,—1,a210 J,fl41.,%CO r,~a. III ,al 0100.DaIt EXHIBIT A TO ORDINANCE NO.072 2023 Exhibit C LEGAL DESCRIPTION SHARED PARKING EASEMENT A SHARED PARKING EASEMENT OVER PART OF TRACT 2,K-MART PLAZA PLAT,RECORDED AT BOOK K PAGE 3 RECORDED IN THE LARIMER COUNTY CLERK AND RECORDER’S OFFICE LOCATED IN PART OF THE SOUTHEAST QUARTER OF SECTION 23,TOWNSHIP?NORTH RANGE 69 WEST OF THE 6~P.M.CITY OF FORT COLLINS LARIMER COUNTY COLORADO SAID EASEMENT DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 2 THENCE N89°27 52”W A DISTANCE OF 119.21 FEET ON THE SOUTH L NE OF SAID TRACT 2; THENCE N00°32’08’E A DISTANCE OF 1662 FEET TO THE NORTH RIGHT OF-WAY LINE OF DRAKE STREET AND POINT OF BEGINNING THENCE S81 °27’51’W,A DISTANCE OF 44 12 FEET ON SAID NORTH R GHT-OF-WAY LINE TO AN ANGLE POINT THEREIN THENCE N89°31’52”W,A DISTANCE OF 24971 FEET CONTINUING ON SAID NORTH RIGHT-OF-WAY LINE TO THE EAST LINE OF A TRACT DEEDED TO THE CITY OF FORT COLLINS AT RECEPTION NO.20140048667; THENCE ON SAID EAST LINE FOR THE FOLLOWING THREE (3)COURSE; 1 THENCE N01°41’l&E,A DISTANCE OF 19.83 FEET, 2 THENCE N88°5447”W A DISTANCE OF 7.28 FEET 3 THENCE N01°22’06”E,A DISTANCE OF 173.39 FEET THENCE S88°39’54”E,A DISTANCE OF 3302 FEET THENCE S00°04’39’E,A DISTANCE OF 91 71 FEET, THENCE S89°28’09”E,A DISTANCE OF 26280 FEET, THENCE SOC°01’32’W A DISTANCE OF 9389 FEET TO THE POINT OF BEG NNING PARCEL CONTAINS 33065 SQUARE FEET OR 0759 ACRES. BASIS OF BEARING:THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 23,TOWNSHIP 7 NORTH,RANGE 89 WEST OF THE 6~’~P.M.,LARIMER COUNTY,COLORADO IS ASSUMED TO BEAR NORTH oo”22’20”EAST,A DISTANCE OF 2640.62 FEET,MONUMENTED AT THE SOUTH END BY A 2-5”ALUMINUM PIPE WITH 3”ALUMINUM CAP IN A RANGE BOX STAMPED LS 17495 1991 AND MONUMENTED AT THE NORTH END BY A 25”ALUMINUM CAP IN A RANGE BOX, STAMPED LS 17495,1995 WITH ALL OTHER BEARINGS REFERENCED THERETO. EXHIBIT D IS ATTACHED HERETO AND S ONLY INTENDED TO DEPICT EXHIBIT C -LEGAL DESCRIPTION.IN THE EVENT THAT EXHIBIT C CONTA NS AN AMB GU TY EXHIBIT D MAY BE USED TO RESOLVE SAID AMBIGUITY. PREPARED FOR AND ON BEHALF OF BY FRANK A KOHL PLS#37067 7 ~~.).‘;Q’ckj-~,’~, c_I ,~.5 ~ Aprrl 11.7023 H:~King Soapors -C,ly MarkenCo.Fan Collins.K5S000146 #10 CollageS 0akekSurve~~Do;umenlstegal Oescnipt.onslXSSl46.SharedParklngEasernenl.Soulhl 001 EXHIBIT A TO ORDINANCE NO.072,2023 DRAKE STREET LEGEND +AIJGiOT ~o (As LESO~6ED) EXHIBIT D 9IMED PA~CING EA~ICIT PISS AUQ~JT UNE ALL UNEAL UNITS ME US WRI~EY FEET A N EAST mJPRTER C~cR. SECTI@I 23.T.7 N..R 69 W. ICUND 25 ALIMMJII C~P N RANIX BOX STAIFED 1S 17495 1995 t 10 30 60 SCALE:fl60 t L.J ao~ C. C. 0 40 CITY Cii FT CCI.LIIS UNDERGROJND U11U11ES BOOK T2S7íPA&131 TRACT 2 K—MART PLAZA BOOK K,PACE 3 20 UIIL TY EASEMENT K—MART PLAZA SHARED PARKING EASEMENT33~%5~~ 0.159 AC 6 GAS &POViiR PACE 701 23 FOUNO 2.5 AU.MMJN PIPE Will F ALJMMJI CM’ IN RANIX BOX PART OF TRACT 2,K-MART PLAZA,LOCATED IN THE SOUTHEAST QUARTER OF SECTION 23 T 7N R 69W OFTHE6THPM FORTCOLLINS LARIMERCOUIY Co SHARED PARKING EASEMENT EXHIBIT No Drawn Checked Dale KSS0000IO 02 FM 411112023 Gal oway no ‘ia’