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Home My WebLink About113 - 11/01/2016 - AUTHORIZING THE CONVEYANCE OF A PERMANENT STORM WATER EASEMENT ON CITY PROPERTY AT THE GARDENS ON SPORDINANCE NO. 113, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT ON CITY PROPERTY AT THE GARDENS ON SPRING CREEK TO COLORADO STATE UNIVERSITY WHEREAS, the City is the owner of property known as the Gardens on Spring Creek, more particularly described as Tract A, Centre for Advanced Technology 22nd Filing, Community Horticulture Center, Fort Collins, Larimer County, Colorado (the "City Property"); and WHEREAS, the City and Colorado State University (CSU) have been working on the design of water quality pond for the Spring Creek Basin that would be located partially on the City Property and partially on CSU property, and would accept flows from both CSU's property and other properties in the area(the "Center Outfall Water Quality Pond" or"Pond"); and WHEREAS, the Pond would be more efficient and handle more flows from the area than if the City and CSU built separate ponds; and WHEREAS, in order to construct the Pond, CSU requires an easement on the City Property in the location described and shown on Exhibit "A", attached and incorporated herein by reference (the "Easement"); and WHEREAS, CSU would be responsible for construction and maintenance of the Pond, and for landscaping the Pond as shown on Exhibit `B", attached and incorporated herein by reference (the "Landscaping'); and WHEREAS, CSU would pay the upfront costs of construction and the Landscaping, estimated to be between $400,000 and $500,000, with the City reimbursing CSU for 48% of such costs; and WHEREAS, the City's cost to build its own pond and proprietary mechanical best management practice (BMP) would be approximately $300,000, and the fair market value of the Easement is approximately $2,130; and WHEREAS, because the cost savings to the City from not having to build its own pond exceed the amount the City will pay for construction of the Center Outfall Water Quality Pond and the value of the Easement combined, City staff is recommending that the City not charge CSU for the Easement; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by 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. Y 1 J EXHIBIT A SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO LEGAL DESCRIPTION: A PARCEL OF LAND TO BE DEDICATED AS A WATER QUALITY POND EASEMENT BEING A PART OF TRACT A, CENTRE FOR ADVANCED TECHNOLOGY 22ND FILING, AS DEPICTED IN THE PLAT RECORDED APRIL 2, 2003 AT RECEPTION NUMBER 20030039524, SITUATED IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 23, BEING MONUMENTED BY A 3.25" ALUMINUM CAP STAMPED "PLS 17497," FROM WHICH THE,NORTHEAST CORNER OF SAID SECTION, BEING MONUMENTED BY A 3.25"ALUMINUM CAP STAMPED"PLS 17497," BEARS S89°38'54"E WITH A DISTANCE OF . 2655.63 FEET AS MEASURED IN THE FIELD WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S33022'38"E A DISTANCE OF 1261.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT A THAT LIES S62008'08"W A DISTANCE OF 2218.89 FEET FROM SAID NORTHEAST CORNER OF SECTION 23, SAID POINT BEING ALSO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING S04008'46"W A DISTANCE OF 58.35 FEET; THENCE S11032'50"W A DISTANCE OF 201.75 FEET; THENCE S29020'04"E A DISTANCE OF 31.25 FEET; THENCE S46009'27"W A DISTANCE OF 22.18 FEET; THENCE S80022'04"W A DISTANCE OF 68.98 FEET TO SAID NORTHERLY LINE OF TRACT A SAID POINT BEING ALSO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NORTHERLY LINE OF TRACT A THE FOLLOWING FOUR (4) COURSES: 1) 147.34 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 148.89 FEET, A CENTRAL ANGLE OF 56-41-53"AND BEING SUBTENDED BY A CHORD WHICH BEARS N02033'24"E A DISTANCE OF 141.40 FEET TO A POINT OF TANGENCY; 2) N30'40'41"E A DISTANCE OF 140.40 FEET TO A POINT OF CURVE TO THE O 'sP/CF RIGHT; OvaP RC'7 3) 59.71 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS 3801 2 OF 300.00 FEET, A CENTRAL ANGLE OF 11'24-13"AND BEING SUBTENDED BY A CHORD WHICH BEARS N36022'49"E A DISTANCE OF 59.61 FEET TO THE POINT OF BEGINNING. r/ ` S CONTAINING 19,323 SQUARE FEET OR 0.444 ACRES, MORE OR LESS. DANA L. SPERLING PROFESSIONAL LAND SURVEYOR COLORADO LICENSE NUMBER 38012 SHEET 1 OF 2 DATE:09.13.2016 EXHIBIT A: O LSSO NDRAWNBY:LHG WATER QUALITY CHECKED BY:DLS POND EASEMENT A S S O C I A T E S PATH:F:\Projects\015-2343\40-Design\Survey\ 4690 Table Mountain Drive.Sute200 TEL303.237.2072 Sheets\,2016-09-13_Pond Easement.dwg GOmen,co60403 FAX 303.237.2659 .0kse0"a.a0gatea.eom 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 City's conveyance of the Easement to CSU 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 Easement to CSU 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 interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 2016, and to be presented for final passage on the 1st day of November, A.D. 2016. O*ORT CO<< iyACtP u: . c ayor ATTEST: COLOR City Clerk Passed and adopted on final reading on the 1 st day of November, A.D. 2016. o.FORr cadA.: s Mayor ATTEST: Ski AI. OLORp O yV w City Clerk 2- EXHIBIT A SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 8938'54'E _ 2655.63' (BASIS OF BEARINGS) 562'08,08"w, 2218.89" NE COR. SEC. 23POINT0'-' -- S33•COMMENCEMENT 22 38'E N114 COR. . SEC. 23 CURVE TABLE POINT OF CURVE RADIUS DELTA LENGTH DIRECTION CHORD ` BEGINNING C1 148.89' 56 41 53" 147.34' NO2 33 24 E 141.40'00 Co 00 op C2 300.00' 1124'13" 59.71' N362249 E 59.61' O I 0 I O J11N I O 0'2 50' SCALE IN FEET I N p p 0 OvQP p0.tO 38012 CO Gov S7 L LAB S U S29020'04"E NOTE:THIS EXHIBIT DOES NOT 31.25' REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED ONLY AS A GRAPHIC DEPICTION OF THE ATTACHED LEGAL DESCRIPTION. S4600927"W C114 COR. SEC. 23 22.18 S80°22'04"W 68.98' SHEET 2 OF 2 DATE:09.13.2016 EXHIBIT A: O LSSO NDRAWNBY:LHG WATER QUALITY A S S O C I A T E S CHECKED BY:DLS POND EASEMENT PATH:F:\Projects\015-2343\40-Design\Survey\4690 Table Mountain Drive,Suite 200 TEL 03232 Sheets\2016-09-13_Pond Easement.dwg Golden,CO 80403 FAX 0J,2J]2659fi59 w„,,,.aia,0eaas0aatea.eom Center Outfall Water Quality Pond - Planting Concept N _ EXHIBIT B October 12, 2016 Centre Avenue Proposed Wetland Tree and Shrub Plantings Proposed Trees Existing Trees Existing Street Trees teE'K IL c • so S p ' Proposed Street Trees c Lilac Park Ditch Access Route k CA it 1•. e A y y a; IV.4 Futures _ V Trail Retaining Wall Proposed Water Lilac Park Quality Pond Existing Wetland A Flatten Slopes to Reduce Visual Impact of Continuous 3: 1 Slopes Proposed Coniferous Trees and Upland Shrub Plantings Existing Trees 1ParkBoundary rMI N= a, Stacked Sandstone SpillwayEISV.r. s arena RE ow.r DJu£NI 9rt 0 CMCk[4 Planting Legend y PµIVf— 4 y Existing Trees s asanlo MW . •; a- IWAITICRW 10 '.FAINMvndnnmovua of tlY61WCilCx axD LIM Coniferous Trees and Upland Shrub Plantings CSU Research Plots r e' 'sR reetn swrsraxxwly Want na'SlalannN Ji do .•N J!! i3aAL fAnL'Y.r. \'H.T ii V-NrtC^ Shade Trees and Upland Shrub Plantings V - NL::goo CV8:c YARDS lIuPp&t) NOTE: Wetland Trees and Wetland Shrub Plantings The plan provides for approximatley 54 added trees and 150 added shrubs