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HomeMy WebLinkAbout051 - 04/16/2024 - Approving the Conveyance of a Permanent Easement for Stormwater Drainage, a Temporary Construction EORDINANCE NO.051,2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE CONVEYANCE OF A PERMANENT EASEMENT FOR STORMWATER DRAINAGE,A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF STORMWATER DRAINAGE IMPROVEMENTS,AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF SEWER FACILITIES TO P5-POUDRE RIVER,LLC A.The City owns a parcel of real property located north of East Lincoln Avenue and adjacent to the Poudre River as shown and described on Exhibit “A”,attached and incorporated herein by reference,upon which is located the City’s Buckingham Park (the “City Property”). B.P5-Poudre River,LLC (“PSPR”)intends to develop a vacant parcel of land (the “Development”)to the north of adjacent to the City Property (the “PSPR Property”). C.PSPR has submitted plans for the Development to the City (the “Development Plans”),which have been reviewed by City staff.As part of the development review process City staff asked PSPR to acquire necessary easements for the Development,including three easements on the City Property. D.These easements (collectively,“the Easements”)include: 1.A perpetual drainage easement to PSPR over 62,419 square feet of the City Property to allow for the right to store 100-year flood water and stormwater drainage from the Development as shown and described on Exhibit “B”, attached and incorporated herein by reference (the “Drainage Easement”). After the completion of grading and re-grading to allow for such storage pursuant to the Drainage TCE identified below,the Drainage Easement will not allow for any further alteration of the easement area or the installation of any permanent improvements. 2.A temporary construction easement to PSPR for a period of up to four years over 40,648 square feet of the City Property as shown and described on Exhibit “C”,attached and incorporated herein by reference (the “Drainage TCE”).The majority of the Drainage TCE area lies within the boundaries of the Drainage Easement and will allow PSPR the temporary ability to perform work to re-grade the surface to accommodate stormwater runoff from the Development.Work under the Drainage TCE will also include PSPR’s removal of unwanted concrete and other debris from the City’s prior levy construction for Buckingham Park.The re-grading and debris removal substantially benefits the drainage and future development of the park. 3.A temporary construction easement to PSPR for a period of up to four years over 4,562 square feet of the City Property as shown and described on Exhibit “D”,attached and incorporated herein by reference (the “Sewer TOE”).The Sewer TOE is located entirely within the Drainage Easement and will allow PSPR to install an underground sanitary sewer line connecting the Development sewer line to the City’s sanitary sewer system. After installation,PSPR will convey the sewer line to the City. E.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. F.In addition,Section 23-114 of the City Code requires that any sale or other conveyance of property interests approved under section 23-111(a)be for an amount equal to or greater than the fair market value of such interest. G.City staff estimates the value of the Easements at $18,615;however,staff also estimates that the work PSPR will do on the City Property in the Easements — including grading and re-grading,importing topsoil,removal of concrete and debris, modifications to the city’s irrigation system,and installation of a sewer line —has a value of approximately $68,558 and substantially benefits the drainage and future development of Buckingham Park.Therefore,staff has recommended that the City convey the Easements to PSPR for no additional monetary compensation. H.Because the work contemplated in the Easements must still obtain development review approval from the City,City staff recommends the actual conveyance of the Easements be conditional upon PSPR,or its successors and assigns,obtaining such approval. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The City Council finds that granting the Easements to PSPR on the terms and conditions described herein is in the best interests of the City. Section 2.The City Council authorizes the Mayor to execute such documents as are necessary to convey the Easements to PSPR 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 descriptions of the Easements,as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced,considered favorably on first reading on April 2,2024,and approved on second reading for final passage on April 16,2024. ATTEST: Interim City Clerk Effective Date:April Approving Attorney: 26,2024 Ryan Malarky EXHIBIT A TO ORDINANCE NO.051,2024 71 2Z~90 •0 712215)0 The City Property 69W I 712~007 on. The City Property Buckrigham Park )7 1 ~00 15 4’ Os -S.” ‘V a a I. •fl. z,1Z3Oó~ 712413001 -EXHIBIT B TO ORDINANCE NO.051,2024 The Drainage Easement PARCEL DESCRIPTION A parcel of land situate in the Southeast Quarter of the Northwest Quarter (SEI/4NW 1/4)of Section Twelve (12),lbwnship Seven North (TiN.),Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian (6th P.M.),City of Fort Collins,County of Larimer,State of Colorado and being more particularly described as follows: COMMENCING at the Center Quarter corner of said Section 12,as monumented by a #6 robar with a 2 1/2’Aluminum Cap stamped LS 31169,2020 and assuming the East line of said SEI/4NWI/4,as monumcnted at the Center-North Sixteenth corner by a #6 rcbar with a 2”Aluminum Cap stamped [.5 7481, 1995 as bearing North 00°26’40”East being a Grid Bearing of the Colorado State Plane Coordinate System, North lone,North American Datum 1983/2011,a distance of 1)23.95 feet with all other bearings contained herein relative thereto; THENCE North 0o02640~East along said East line a distance of 545.62 feet; THENCE North 89°33’20”West a distance of 20.00 feet to the Southeast conierofa parcel of land described in Ihat Special Warntnty Deed recorded March 3,2005 as Reception No.2005-0017087 of the Records of Larimer County; THENCE South 45°41’SJ”West along the Southeasterly line of said parcel of land described in thai Special Warranty Deed recorded March 3,2005 as Reception No.2005-0017087 of the Records of Larimer County a distance of 175.00 feet to the POINT OF BEGINNING; THENCE South 05°48’34”East a distance of 9.54 feet; THENCE South 40°52’40”~Vcst a distance of6l .18 feet; THENCE South 739 6’46”West a distance o114.12 feet; THENCE South 44’45’07”West a distance of 44.93 feet; THENCE South 80~52’12”West a distance of 29.29 feet; THENCE South 2192’39”West a distance of 45.30 feet; THENCE South 4197’16”West a distance of 38.14 feet; THENCE South 70°08’19”West a distance of 20.32 feet; THENCE South 3095’45”West a distance of 58.21 feet; THENCE South 06°19’14”West a distance of 102.97 fed; THENCE South 229 5’23”West a distance of 53.43 feet; THF.NCENorth 75°34’OS”Wcstadistancc of 37.05 feet; THENCE South 26°28’28”West a distance of 38.90 feet; THENCE South 79°54’13”West a distance of 20.01 feet, THENCb North 30°43 ‘19”West a distance of 140.10 feet, THENCE North 06°56’38”West a distance of 70.19 feet; THENCE North 0l02942~East a distance of 68.82 feet to the Southerly line of said parcel of land described in that Special Warranty Deed recorded March 3,2005 as Reception No.2005-0017087 of the Records of Larimer County, The following Four (4)courses are along the Southerly lines of said parcel of land described in that Special Warranty Deed recorded March 3,2005 as Reception No.2005.0017087 of the Records of L.arimcr County: 1’HENCE South 60°55’34”East a distance of 39.74 feet; TI IENCB North 49°42’53”East a distance of 121,67 feet THENCE North 66°49’53”East a distance of 11060 feet; TI IENCE North 74°21 ‘53”East a distance of 223.40 feet to the POINT OF BEGINNING. Said described parcel of land contains 62,419 Square Feet or 1.433 Acres,snore or less (i). SURVEYORS STATEMENT 1,Ronnie L.Edwards,a Colorado Licensed Professional Land Surveyor do hereby 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. MAJESTIC SURVEYING 1111 Diamond Valley Drive,Suite 104 Windsor,Colorado 80530 tfl. Z:tprojccuUeI9~28i9.Rt.C2Oi9340inF.SD20i9340Fi.O0DPl AN t’SMT REV 3.23.20234oc -EXHIBIT B TO ORDINANCE NO.051,2024 —4949.2 CEN OUARIER CORNER SECTION 12.T.7N..P.69W. FOUND I~0.6 REBAR WITh 2 ift ALUMINUM CAP- STAMPED ‘IS 31169.2020’ IN MONUMENT Box POINT OF C0MMOIC~NO4T Note.bit duawIn$doe,not represent. monumcnled laid strvcy hi sole polpose lit gI.PhIC reprclcnlMion ofthc .ccompaiying wnllcn desaipuon Nct~cc~According to Colondo bwyou mull coimfictice ny Ispi echos based ~n any defect in thicswvey within ‘lute ycam ace you lInt discover suca defect.In no event nw~.any action based upon any defect at this survey be commenced more Oun lee YWS from the date 0f the cenhlseatson shown Itceecs (CR5 13.10.105 a SEI/4NWI/4 Sectton 12,T.7N.,R.69W.Page 2 nfl CENTER—NORTh SIXTEENTh CORNER SECTiON 12.t7N.,R.69W. FOUND NO.6 REBAR WITH 2’ ALUMINUM CAP STAMPED 1995. (.5 7481’IN MOtIUMENT BOX if N I /&‘H’&ZGW eREmsC CUW’A/e’~A4C EA94VVI Reapnav .4~SS&W!S air a’‘zr,cauws / MAIUW (*2~v47/r / ~apznv wo sawsies Nc. POINT OF BEQNMNO /AflY-tAflUS/W ACCL~f ut wAw,a444a 1424(N1 en?c—,~rtuy W Jt7iJt’02599 .1 PS—POUDRE RIVER.LLC REC.NO.2005—0017067 N N/ OTY OF FORT COUJNS BOOK 1723. PAGE 0726 — zrs ow lfliD 0H~ <0 IN U, I~ Iz livE 100.-YR AGE FLOODPLAIN WSEL =4948.9 FLOODPLAIN .15 CITY or FORT CCLLIMS BOOK 1723. PAGE 0725 LTNE TABLE UNE SEARING LENGTH Li N8933’2OW 20.00 12 S45’4V53W 175.00 U 5054$’34•(9.54’ L4 540’52’40’W 61.18 (.5 57316’46”W 74.12 1.6 S44’45’07”W 44.93’ 17 S80’52’ltW 29.29’ LB 521’32’39”W 4530’ 19 Sw3fl6’W 38)4’ (.10 570’O8’19’W 20.32’ 530t545’W 58.21’ (.12 90fl914’W 102.97 LINE TABLE ~BEARING LENGTH L13 S22’1523W 53.43’ (.14 N7534t&W 37.05 (.15 S26’2826’W 38.90’ (.16 57954’13’W 20.01 Li?Nr43lrw 140.10’ L16 N065638’W 70.19 L.l9 NOl’2942’E 68.82~ (.20 S6055’34’E 39.74’ 12)N49’42’53’E 121.87 ~N66’4953E 110 60 123 N14’2153’E 223.40 8%80 ~g —ZaP?. Ronnie L.Edwards.PLS 38480 MAJESTIC SURVEYING On behalf of Majestic Surveying,LLC PROJECT KO:2019340 DATE 3t23d2O23 CLIENT:ACE. SCALE I”300 EXHIBIT C TO ORDINANCE NO.051 2024 The Drainage TCE PARCEL DESCRIPTION A parcel of land for easement purposes,situate in the Southeast Quarter of the Northwest Quarter (551 4NWI 4)of Section Twelve (12),Township Seven North (T.W.),Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian (6th P.M ).City of Fort Collins,County of Larimcr,State of Colorado and being more particularly described as follows: COMMENCING at the Center Quarter corner of said Section 12,as monumented by a #6 rebar with a 2 In”Aluminum Cap stamped LS 31169,2020 and assuming the East line of said SEI 4NW I 4,as monumented at the Center-North Sixteenth corner by a #6 rebar with a 2” Aluminum Cap stamped I S 7481,1995 as bearing North 00°26’40”East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/201 1,a distance of 1323.95 feet with all other bearings contained herein relative thereto; THENCE North 00°26’40”East along said East line a distance of 545.62 feet; ThENCE North 89 33’20”West a distance of 20.00 feet to the Southeast corner of a parcel of land described in that Special Warranty Deed recorded March 3,2005 as Reception No 2005-0017087 of the Records of I anmer County, ‘Ii IENCE South 4?4 I ‘53”West along the Southeasterly line of said parcel of land described in that Special Warranty Deed recorded March 3,2005 as Reception No.2005.00 17087 of the Records of Larimer County a distance of 175.00 feet to the POINT OF BEGINNING; THFNCF South 55°36’30”West a distance of 132.00 feet; THENCF South 67°49’30”West a distance of 95.00 feet; THENCE South 43°21 ‘30”West a distance of 202.50 feet; THENCE South 39°58’30”West a distance of 81.00 feet; i’HF.NCF South 52°03’OO”West a distance of 25 00 feet; THENCE North 33°05’30”West a distance of 67.00 feet: THENCE North 24°43’OO”West a distance of 36.00 feet; I[IINCE North 21 o25~3 I”West a distance of 82.00 feet; THENCF North 48°22’28”West a distance or 76.00 feet to the Southerly line oVa parcel of land described in that Special Warranty Deed recorded March 3,2005 as Reception No.2005-0017087 or the Records of Larimer County; The following Five (5)courses are along the Southerly ines of said parcel of land described in that Special Warranty Deed recorded March 3.2005 as Reception No.2005-0017087 of the Records of Larimer County: THENCE South 69°4l ‘00”East a distance of 74.t4 feet; Il-JENCI’South 60°55’34”East a distance of 76.57 feet; TI TENCE North 49°42’53”East a distance of 121.67 feet; THI’NCE North 66°49’53”East a distance of 110.60 feet; ThENCE North 74°2l ‘53”East a distance of 223.40 feet to the POINT OF BEGINNING. Said described parcel of land contains 40,648 Square Feet or 0.933 Acres,more or Less (*) SURVEYORS STATEMENT 1,Ronnie I .I-Awards,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my pars.-•sion and checking,and that it is true and correct to the best of my knowledge ‘~-~R “ Ronnie L.Edwards -on behaifofMaj Colorado Licensed Professional Land S i at M~a3EsTIc SURVEYING liii Diamond Valley Dnvc,Sunc 104 Windsor,Colorado 80350 njcct.\201920i9.Rt10I9140%DESC.2Oi934OCONST ESMT do~ SEI!4NWl14 Scct~on 12,T.Th.,P.69W -EXHIBIT C TO ORDINANCE NO.051,2024 Page2of2 CENTER—NORTH SIXTEENTH CORNER SECTION 12,1.7W.,R.69W. FOUND NO.6 REBAR MTh 2’ ALUMINUM CAP STAMPED ‘1995. 1.5 7461’IN MONUMENT BOX lao-YR ft000PLMN F1.000PLAIN CENTER QUARTER CORNER I SECTiON 12,TiN..R.69W. _________FOUND NO.6 REBAR WiN21/2’ALUMINUM CAP __________________STAMPED LS 31169,2020’ IN MONUMENT BOX _____________PORIT OF CWDI~MD~T Note This &twing does not repNsflI a maisumenied luid swwy It.sole purpOse ins gi.pbic rtpcCstnhIl,Ois of the .r~mpwy.s.;senDs.dcsuiplios. Notiec According is Colorado law yos mini coavococe any kg~adios baned ~o any defect in this soreLy within flute years after you lint dsxovu ssth &fccI.In so cyclic may asly action bused u~n any delta mmii survey be commeiwed more than lea yeats from thc due otthc oerufscason aboyns bacon.(CR5 IT-SO-lOS) MAJESTIC SURVEYING I-—-- N \I ~srs’en az’s’avnnsc CVU°Afl ASC WI .cea~zm’4t~SX,WIP It J / NOV-EflL~’bf ACCESS ul kAW,ThYAfl’EAS~fWI flYer C-A’FCEPIIQV AV 701J002.n.M /c/n’or ,zwr caavs £194W4CC FASiWEWI / &tPIIOV ht~SSQJSIJS “Nc. P~NT OF BEGHMNG / .1 -3 ‘P5—POUPRE RIVER.LLC REC.NO.2005—0017057 1/ / city or FORT COWNS 8001<1723, PAGE 0726 r,C,. LU asia n‘or.‘Cas —z I~. ID Cs Cs LU 0 I~ 8Iz city or FORT COLliNS /1 BOOK 1723.PAGE 0725 /)EXOS11NG EFFECTIVE DRAINAGE 49489’)I ç A__PROPOSED 100—YRINTERIORDRAiNAGEwsa—4949.2’1/— LINE TABLE LINE TABLE LINE BEARING LENGTH LI t469’33’2O’W 20.00’ 545’41’53”W 173.00’ 13 S55’36’30’W 132.00’ L4 567’49’30’W 95.00. L5.543’21’30’W 202.50’ L6 539’56’30’W 61.00’ Li S52’03’00’W 25.00’ LB N33’05’30’W 67.00’ LINE BEARING LENGTH L9 N24’43~OD’W 36.00’ LID N21’25’31’W 82.00’ Lii N48’22’26’W 76.00’ LiZ 569’41’OOE 74.04’ L13 S60’55’34’E 76.57’ L14 N4F42’53’E 121.87’ LiZ N66’49’53’E 110.60’ L16 N74’21’53’E 223 40’ MN Ronnie L Edwards,PLS 38480 On behalf of Majestic Surveying,LLC CLIENT:ACE. SCALE:I”IOU’ PROJECT NO 2019340 DATE 4/712022 EXHIBIT D TO ORDINANCE NO.051,2024 The Sewer TCE PARCEL DESCRIPTION A strip of land,30.00 feet in width si Wale in the Southeast Quarter of the Northwest Quarter (SEI/4NW1F4) of Section Twelve (12),Township Seven North (T.W.),Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian (6th P.M.),City of Fort Collins,County of Larimer,State of Colorado and being more particularly described as follows COMMENCING at the Center Quarter corner of said Section 12,as mommiented by a #6 rebar with a 2 1/2’Aluminum Cap stamped LS 31169,2020 and assuming the East line of said SEI/4NWI/4,as monumented at the Center-North Sixteenth corner by a #6 rebar with a 2”Aluminum Cap stamped LS 748!,1995 as bearing North 00a26~40n East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 198372011,a distance of 1323$5 feet with all other bearings contained herein relative thereto; THENCE North 00°26’40”East along said East line a distance of 545.62 feet THENCE North 89°33’20”West a distance of 20.00 feet to the Southcastcorner of a parcel of land described in that Special Warranty Deed recorded Much 3,2005 as Reception No.2005-0011087 of the Records of Larliner County; The following Four (4)Courses are along the Southerly lines of said parcel of land described in that Special Wan-amy Deed recorded March 3 2005 as Reception No 2005-0017087 of the Records of Larimer County: THENCE South 45°41 ‘53”West a distance of 175.00 feet THENCE South 74’21 ‘53”West a distance of 223.40 feel; THENCE South 66°49’53”West a distance oft 10.60 feat; THENCE South 49°42’53”West a distance of 82.34 feet to the POINT OF BEGINNING; THENCE South 00°00’10”East a distance of 164.79 feet THENCE South 89°59’SO”West a distance of 30.00 feet; THENCE North 00°00’10”Wcst a distance of 139.36 feet to the Southerly most corner of said parcel of land described In that Special Warranty Deed recorded March 3,2005 as Reception No.2005-0017087 of the Records of Larimer County; THENCE North 49°42’53”East along the Southerly line of said parcel of land described in that Special Warranty Deed recorded March 3,2005 as Reception No.2005-0017087 of the Records of Larirner County a distance of 39.33 feet to the POINT OF BEGINNING. Said described panel of land contains 4,562 Square Feet or 0.105 Acres,more or less (*) SURVEYORS STATEMENT 1,Ronnie L.Edwards,a Colorado Licensed Professional Land Surveyor do hereby state that this Panel Description was prepared wider my persona~~jp~.~vision and checking,and that it is flue and correct to the best of my knowledge and belief. 4S,%.*71~i: M&ESTIC SURVEYING ill)Diamond Valley Drive,Suite 104 Windsor,Colorado 80550 Ronnie I.Edwards -on behalf of Majestic Surveying, Colorado Licensed Professional Land Surveyor #38480 Z,ojccrs\2Ol9t20i9-RLE~2Ol9~401DESC’≥Oi9340SANrThKY ESMT4Oc SEII4NWI!4 Section 12,T.7N.,R.69w EXHIBIT D TO ORDINANCE NO.051,2024 Pagt2of2 CENTER—NORTh SIWTEENW CORNER SECPON 12 tiN.,R.69W. FOUND NC.6 REam V.11W 2’ AU*RNUM CAP STAMPED 1995, IS 7481’IN MONUMENT BOX / / Ronnie L.Edwards.PLS 38480 On behalf of MaJesiic Surveying,LLC MAJESTIC SURVEYING PROJECT No:2019340 DATE:IO/102023 I n~’&ZOgW Bftmsr ~FA4%’.4cC £4SC4.V/FArapntwMIflO.TOJIS 07)’0’F02F fltISVS M4w4a s4re, 1rcDw~v h~SXS5~ P5—POUDRE RPttR,U.C REC.NO.2005—0017087 or SEmNMNG CITY OF FORT COLIJNS BOOk 1723, PAGE 0725 12°’rC. C 0 4.562 SOFT 505 ACRES I.,.ID Ui U, Ui Ix LINE TABLE LINE CITY OF FORT COLUNS BOOK 1723, PAGE 0725 BEARING LENGTh LI 12 N L3 1.4 15 N6923’20W 20.00 s4s41srw 175.00 57421’53W 223.40’ 566’49’53”W 110.60 S49’42’53W 82.34’ S000O’IOt 154.79’ S89’59’50W 30.OC NOOtO’lOW 139.35’ QUARTER CORNER 12,TiN.,R.SSW. NO.6 REBAR V.11W 2 1/2 AUJMINUM CAP STAMPED LS 31)89.2020 IN MONUIENT BOX POINT OF COMMDIW.IThT I 16 17 LB L9 N49425TE 39.33, Now This ths..~,,;don see lepeema a mcc,,nenwd Isad surny ha sole perposa Is.gnphic vep.tcalaiicn arias .CC.llpanyln ‘wines,dssaiØo, NoIse.:AscoqdA,g so Colondo law yos mall commence say le~.I wion based 405 say defect In this siowy within thee yw,after yom fins discover s~seh defect lvi no es~t may say action bMci .pon say defect in ibm smvey be commenced Molt sItwi leTs yen Iron the dam of hat co~fvabo.SbOviulbCitO,(CR5 [140.105) CLIENT:ACE. SCALE:I”IOO’