HomeMy WebLinkAbout089 - 07/18/2017 - AUTHORIZING THE CONVEYANCE OF AN AMENDED ACCESS EASEMENT AND A UTILITY EASEMENT ON CITY-OWNED PROPER (2)ORDINANCE NO. 089, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN AMENDED ACCESS EASEMENT AND
A UTILITY EASEMENT ON CITY-OWNED PROPERTY AT GUSTAV SWANSON
NATURAL AREA TO PUBLIC SERVICE COMPANY OF COLORADO IN EXCHANGE
FOR THE DEDICATION OF LAND FOR TRAIL PURPOSES
WHEREAS, the City is the owner of property located along East Vine Drive on the north
side of the Poudre River known as Gustav Swanson Natural Area (the "City Property"); and
WHEREAS, Public Service Company of Colorado ("PSCo") owns a regulator station on
a parcel of land surrounded by the City Property (the "PSCo Property"); and
WHEREAS, former owners of the City Property conveyed the PSCo Property to PSCo in
1946 along with a fifteen-foot access easement across the City Property; and
WHEREAS, PSCo also owns gas and electric lines that cross the City Property to serve
the PSCo property, but no easement of record has been located for either utility line; and
WHEREAS, the City is planning to construct a whitewater park on the north bank of the
Poudre River, and the plans for the whitewater park call for creating a new twenty-foot access
road for both public and emergency access that could also be used as access to the PSCo
Property; and
WHEREAS, City staff would also like to have a formal easement with PSCo for its utility
lines; and
WHEREAS, PSCo has agreed to amend its existing access easement to be along the new
access road, and accept a new 50-foot utility easement for its utility lines; and
WHEREAS, the proposed realigned access easement is more particularly described on
Exhibit"A", attached and incorporated herein by reference (the "Access Easement'); and
WHEREAS, the location and width of the proposed utility easement is shown on Exhibit
B", attached and incorporated herein by reference (the "Utility Easement'), and- a legal
description will be prepared prior to conveyance of the Utility Easement; and
WHEREAS, City staff has recommended that the City not charge PSCo for either of the
Easements because PSCo has agreed to dedicate to the City almost 2,000 square feet of the PSCo
Property to be used for trail purposes as part of the whitewater park project; and
WHEREAS, at its regular meeting on June 14, 2017, the Land Conservation and
Stewardship Board voted to recommend,granting the Easements to PSCo; and
1-
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.
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
Access Easement and Utility Easement to PSCo 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 Easements'to PSCo 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 Easements, 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 5th day of
July, A.D. 2017, and to be presented for final passage on the 18th day of July, A.D. 2017.
oRv co,
ayor
ATTEST: SEX
q
COLOEZP
Vv vv
City Clerk
2-
Passed and adopted on final reading on the 18th day of July, A.D. 2017.
of YoRT
Mayor PJ6 Tern
ATTEST:SEAL
cOLOR 0
City Clerk
3-
EX11113IT A
PROPERTY DESCRIPTION
A parcel of lan(I for casement purposes.b c i n g a portion of that tract of land described in it deed
recorded January 23,2002 as Reception No.200200 792 2,and that h.tct of land described in a deed
recorded June 27. 1975 as Book 1651.Pagc 454.both of the Records of Larimcr County situate in
the Northwest Quarter(NW 1/4)of Section Twelve(12).Township 7 North(T.7N.), Range Sixty-
nine West(11.69W.)of the Sixth Principal Meridian(6th P.tNl.),City of fort Collins,County of
Larimcr.State of Colorado and being more particularly described as follows:
COMMENCING at the.Northwest corner of said Section 12 and assuming the North line of said
N\V 1/4 as hearing South 89°39'23"East being it Grid Bearing of the Colorado Suite Plane
Coordinate System,North Zone, North Antcrican.Datum 198312011.it distance of 2646.37 feet
with all other hearings contained herein relative thereto;
Ti IENCE South 89°39'23"East along said North line a distance of 794.75 feet: V
THENCE South 00°20'37"West it distance of 35.63 feet to the Northwest corner of that parcel of
land described in a deed recorded March 2. 1998 as Reception Number 98015207(Rec. No.
9S015207)of the Records of Larimer Counly and to the POINT OF BEGINNING:
I
THENCE South 00020'37"West,dung the West line of said parcel described at Rec. No.
980I 5207 it distance of 132.S7 feet to the SoutMvesl corner of said parcel at Rec.No 98015207:
TI II;NCE South 08602'56"Last a distance of 15.27 feet to the beginning point ofa curve,non
tangent to the aforesaid line:
Ti-iENCE along the arc ofa curve concave hr the Southwest a distance of 3 1.2 3 feet,said curve has
it Radius of I OLSS feet,a Delta of 17°36'54"and is subtended by a Chord that[)cars South
26°36'd 3"East a distance of 31.1 1 feet to a Point of Compound Curvature(PCC);
THENCE along the are ofa curve concave to the N'orthwem a distance of 99.88 feet,said curve has
a Radius of 127.00 feet,a Delta of 45°03'36"and is subtended by a Chord that bears South
04'41'50"West a distance of 97.32 feet to it Point of Reverse Curvature(PRC):
THENCE along the are ofa curve concave to the Southeast a distance of 58.85 feet,said curve has
it Radius of 78.00 feet,it Delta of 43°13'38"and is subtended by a.Chord that bears South
05'36'49"West it distance of 57.46 feet to it PRC:
THE-NCE along the arc of a curve concave to the Southwest is distance of 24.99 feet.said curve has
a Radius 01'80.00 list,a Della of 17°53`46"and is subtended by a Chord that bears South
07°03'07"East a distance of 24.89 feet to the end point of said curve and to the North line of that
Parcel of land described in deed recorded November 25. 1946 its Book S25, Page 530 of the
Records of Larimer Count):
THENCE North 89°3T51"West along said Northerly line and along a lino non-tangent to the
aforesaid curve a distance of 31.97 feet:
lIiENCIi North 00°20'37'Bast it distance of4.37 feet io it Point of Curvature(PC):
11I ENCE along the arc ofa curve concave to the Southwest a distance of 11.53 tect,said cure has
a Radius of 12.23 feet,a Delta of ;4°00'44"and is subtended by a Chord that bears North
25°39'53"West a distance of 1 I.10 feet tc a PCC:
THENCE along the arc ofa curve Concave to the Southwest it distance oi'33.60 feet:said Gurvehas
a Radius of 33.00 feet,a Delta o1 58°19'47"and is subtended by a Chord that bears North
80°06'38" West it distance ol'32.16 feet to a PRC:
THENCE along the are ofa curve concave to the Northwest a distance of 31.19 teet,said cure has
it Radius of 127.03 feet,it Delta of 14°04'00"and is subtended by a Chord than heals SOLIIII
77°45'42"\Vesta distance nl'31.1 1 feet to the end point of said cure;
1-1-IENC13 North 05'12"_1"West along it line iron-tangeni to the aforesaid curve it distance of 20.00
Pict to the beginning point ofa curve,non-tangent to the aforesaid line:,
O:'2015641.Oi)SCRIPh'rO.N5 2ULfi'NC-HXII•[\IIiR-ACCESS-ESM Edi Page 1 of 4
l IENCfE along the arc of a curve concave to the Northwest it distance of 191.66 feet,said curve
has a Radius of 107.00 feet,a Delta oP 102°3T 36"and is subtended by it Chord that bears North
33°2S'50"East a distance of 167.04 feet to a PCC:
THENCE along the arc of a curve concave'tct the Southwest it distance of54.53 feet,said curve has
a Radius of S2.001cet,a Delta of 39006'1 V and is subtended by a Chord that bears North
36'53'0T West a distance of 51.541ect to the end point of said curva-
TI IF,NCE North 34°03'43"last along a line non-tangent to the aforesaid curve it distance of 27.14
feet;
TI IENCE North 00°20'37"East it distance of 125.27 loot to the North line.'of that parcel of land
described in it(Iced recorded January 23,2002 its Reception Number 2002007922 of the Records of
Larimer County:
THENCE South S9°34'3T Last along said Notch line a distance of 20.00 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 10,025 Square Fact or 0.230 Acres,more or less(_). and is
subject to any rights-of-way or other casements of record or as now existing on said described
parcel oflatd.
SURVEYORS STATEMENT
I. Ronnie L. Edwards,a Colorado Licensed Professional land Surveyor do hercbv state that this
Parcel Description was prepared under my personal supervision and checking.and that it is true
and correct to the best of my knowledge and belief.
Ronnic L. Edwards-on behrif of-King Surveyor's
Colorado Licensed Professional
Land SutYCVor t38I80
KING SURVEYORS
6501iast Garden Dd c
Windsor,Colorado 80550
970)656-5011
1
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0,20156e4-0orscftirnons`:!nic.;oac-tiSn.r-.tifra.,ccess-visa r.dx engc2 or
PARCEL EXHIBIT` hYHIBIT A LOCATED
2,
IN T7NTHECATEDZINTTHE NORR69 H ESTP1MnSEC. 11 ,
NORTHWEST CORNER
PAGE 3 OF 4
NORTH QUARTER CORNER
SECTION 12, T.7N., R.69W. SECTION 12. T.7N.. R.69W.POINT OF COMMENCEMENT 7BASIS2OFBEARMCS)
589'39'23"E 2646.29'—®(
794.75' I',.. --'— - —
I851.51V — —
S0020'37-W
L8
351.63' VI7YE577?EET
POINT OF BEGINNING
Fo -1I'// wm
wo
WN
U Z
Z
Ow
L2
Xi /
i
PAGE 4541 I/%
C
PARCEL
10,025 SQ.Fr.
0.230 ACRES
17/
Jj, 50 25 0 50
L 1 CISC71. /// oC5
L3
1 50'
L4
BOOK 825 NOTICE: According to Colorado low youPAGE530mustcommenceanylegalactionbased
upon any defect in;this survey within three
Years after you first discover such defect.
In no event may any cction based upon
any defect in this survey be commenced
more than ten years from the date of the
certification shown hereon. (13-80-105
C.R.S. 2012)
f NOTE: This exhibit drawing is not
E LlJLIMINARY intended t' be
purpose is a
land
survey. It's sole purpose is as a
graphic representation to aid in the
Ronnie L. Edwards - On Behalf Of King Surveyors visualization of the written property
Colorado Licensed Professional description which it accompanies. The
Land Surveyor p38480 written property description supersedes
the exhibit drawing.
KING SURVLYORS PROJECT NO:2015694—C
650 Is.Garden Dm-e I Windsor.Colorado 50550 DATE:6-26-2017
Phone(970)68(t 5011 1 fax:(970)68(.5821 CLIENT.A.C.E.
DWG:2015 k-EXIT-UIIL-DIER-ACjYSS-E510email:con[xtCkingSurt'cyors.com DRAWN:MM CHECKED:RILE
PARCEL EXHIBIT EX-14.1"BI A LOCATED IN THE NORTHWEST 1 4,
SEC. 12, T7N, R69W, 6TH P.M.
PAGE 4 OF 4
LINE TABLE
LINE BEARING LENGTH
L1 S00'20'37'W 144.37'
L2 SO8'02'56'E, 15.27'
L3 i489'37'51'W 31.97'
L4 N00'20'37'E 4.37'
LS N05-12'21-W 20.00'
L6 N34'03'43'E 27.14'
L7 NOO'20'37'E 128.27'
L8 S89'34'37'E 20.00'
CURVE TABLE
CURVE LENGTH RADIUS DELTA. CHORD CH BEARING
Cl 31.23' 101.58' 17'36'54' 31,11' S26'36'1 YE
C2 99.88' 127.00' 4503'36" 97.32' SO4'41'50'W
C3 58.85' 78.00' 43'73'38' 57.46' S0536'49"W
C4 24.99' 80.00' 17-53'46" 24.89' S07-03.07"E
C5 11.53' 12.23' 54'00'44' .11.10, 1,125'39'53-W
C6 33.60' 33.00' 5899'47' 32.16- NBO'06'38"W
C7 31.19' 127.03' 14'04'00' 31.11, N77'45'42'E
C8 191.66' 107.00' 102"37'36" 167.04' N33'28'50'E
C9 54.53' 82.00' 38'008' 53.54' N3653'07"W
NOTICE: According to Colorado law you
must commence any legal action based
upon any defect in this survey within three
years after you first discover such defect.
In no event may any action based upon
any defect in this survey be commenced
more than ten years from the dole of the
ce(rrrtiiffica22t iion shown hereon. (13-80-105
v RICI IE`. lhis2)exhibit drawing is not
FWLIMIXARY intended t' be
purpose is a
land
survey. It's sole purpose is as o
graphic representation to aid in the
Ronnie L Edwards - On Behalf Of'King Surveyors visualization of the written property
Colorado Licensed Professional description which it accompanies. The
Land Surveyor p38480 written property description supersedes
the exhibit drawing.
1U`TG SURVEYORSPROJECT NO:2015694-C
650 E.Gardcn Drive I \C'mdsor.rotnndo 80550 DATE:6-5-201 7
phone:(97(n6S6-5011 1 Ers:(970)686-5S21 CLIENT:_A.C.E.
email•enntact d Kin,c DWG:201569IC-Ltlf-U1ll-EVER-ACCESS-[-V
u cyors.com DRAWN:MM CHECKED:RILE
UTILITIES EXHIBIT EXHIBIT B LOCATED IN.THE NORTHWEST 1/4,
SEC. 12, T7N, R69W, 6TH P.M.
PAGE 1 OF 1
ITNE DR.a — -i---
r--- F T CAS--
GAS--GA
r138.2' PROPOSED-
EASEMENT
I 1 ,-- - - - —-
7-
EASEMENT 1—
L
QUIT-CLAIM DEED WARRANTY DEEDWARRANTYDEED ! REC. NO. 98015207 i REC. NO. 20130057161
I
REC. NO. 2002007922 l
i f
I36. PROPOSED _ a-I
E yyEASEMENT _
1 4%-15, 1
I 150'S -I
w 1
1 < j I LEGEND
a. Ip i GAS--- GAS LINE
1
i TELEPHONE LINEI
50'PROPOSED EASEMENT
I I OHE—
i_
OVERHEAD ELECTRIC LINE
E BURIED ELECTRIC LINE
BOOK 1651, PAGE 454 119' 1 y1 POWER POLE
CHAIN LINK FENCE
1 i WIRE FENCE
STRUCTURE
I 4I I
I27,
40 20 0. 40
BOOK 825, PAGE 530
1„=40'
KING SURVEYORS PROJECT NO:2O15694-C
DATE:6-26-2017
650 E.Garden Drive I \Vmdsor,Colorado 80550
CLIENT'A.C.E.
phone:(970)686-5011 1 fac(970)686-5821 DWG:2015694C-M-DOSE-(MLGNDWSU
email:contact@KingSurveyors.com DRAWN:MM CHECKED:RILE