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HomeMy WebLinkAbout048 - 04/07/1998 - GRANTING A SEWER LINE EASEMENT TO SOUTH FORT COLLINS SANITATION DISTRICT AND GRANTING A STORM DRAINA ORDINANCE NO. 48, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS GRANTING A SEWER LINE EASEMENT TO SOUTH FORT COLLINS SANITATION DISTRICT AND GRANTING A STORM DRAINAGE EASEMENT TO LAGUNITAS FOSSIL CREEK, INC. WHEREAS,the City of Fort Collins is the owner of certain real property located in Larimer County, Colorado, known as Redtail Grove Natural Area ("the Natural Area"); and WHEREAS, South Fort Collins Sanitation District desires to vacate an existing sanitary sewer line easement on the Natural Area,described in Book 1320 at Page 34 of the Larimer County, Colorado records (the"Existing Sewer Line Easement"), and relocate the sewer line easement to a different location described on Exhibit"A", attached hereto and incorporated by this reference (the "New Sewer Line Easement"), in order to upgrade sewer service for the area; and, WHEREAS, Lagunitas Fossil Creek, Inc. wishes to acquire a storm drainage easement, described on Exhibit "B", attached hereto and incorporated by this reference, across the Natural Area to provide for stormwater flows from its development (the "Stormwater Easement"); and, WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City is in the best interest of the City of Fort Collins; and WHEREAS, the Natural Resources Department has recommended approval of the Sewer Line Easement and the Stormwater Easement. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the New Sewer Line Easement and the Stormwater Easement is in the best interest of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to execute an Easement Agreement conveying the New Sewer Line Easement as described on Exhibit "A" to South Fort Collins Sanitation District in exchange for the vacation of the Existing Sewer Line Easement. Section 3. That the City Manager is hereby authorized to execute an Easement Agreement conveying the Stormwater Easement as described on Exhibit `B" to Lagunitas Fossil Creek, Inc., which Easement Agreement shall require payment to the City in the amount of the fair market value of the Stormwater Easement, as determined by the City Manager. Section 4. That all proceeds received by the City in consideration of the granting of the Stormwater Easement shall be deposited into the Natural Areas Fund,consistent with Ordinance No. 97, 1992, as approved by the registered electors of the City on November 3, 1992. Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 1998, and to be presented for final passage on the 7th day-"pril, A.D. 199&— �7 r ATTEST: 40�ttL 6 ��U N City Clerk Passed and adopted on final reading this 7th day of Aprif,A.1998. IF ayor �. ATTEST: City Clerk EXHIBIT "A" THIRTY FOOT PERMANENT EASEMENT A thirty foot permanent utility easement located in the Southeast Quarter of Section 2, Township 6 North, Range 69 West, Latimer County, Colorado being more particularly described as follows: Commencing at the Southeast Corner of said Section 2 and considering the East line of the Southeast Quarter to bear North 00°47'00" East with all bearings contained herein relative thereto: Thence along the South line of the Southeast Quarter of said Section 2, South 88°39'00" West, a distance of 75.00 feet to the Southeast corner of that certain parcel of land described in the deed recorded March 11 , 1996 under reception #96017112 of the Latimer Country Records; Thence along the easterly line of said parcel the following three courses; 1. North 00'49'30" East, a distance of 1221-50 feet; 2. North 22' 31 '00" East, a distance of 67.30 feet; 3. North 00°51'10" East, a distance of 155.851 feet to the True Point of Beginning; Thence South 10'59' 13" West, a distance of 191.05 feet; Thence South 27°03'42" West, a distance of 332.26 feet; Thence South 28°09' 14" West, a distance of 701.72 feet; Thence South 40°11'00" West, a distance of 465.27 feet to the South line of that certain tract of land described under Reception#96017112 of Latimer County records; Thence along said line, South 88°39'00" West, a distance of 166.52 feet; Thence departing from said line,North 81°04'21" West, a distance of 189.23; Thence North 68°52'31" West, a distance of 8.64 feet to the East right-of-way line of the Colorado and Southern Railroad; Thence along said line, North 24°18'00" East, a distance of 30.05 feet; Thence departing from said line South 68°52'31" East, a distance of 3.77 feet; Thence South 81°04'2" East, a distance of 314.95 feet; Thence North 40°11'00" East , a distance of 479.98 feet: Thence North 28°09'14" East, a distance of 698.28 feet; Thence North 27°03'42" East, a distance of 327.74 feet; Thence North 10'59' 13" East, a distance of 220.44 feet: Thence South 89°08'35" East, a distance of 23.62 feet to the East line of that certain parcel of land described under Reception 496017112 of the Latimer County Records; Thence along said line, South 00°51'10" West, a distance of 38.37 feet to the True Point of Beginning. EXHIBIT "B" A drainage easement situtae in the Southeast Quarter of Section 2,Township 6 North,range 69 West of the sixth P.M., city of Fort Collins, County of Larimer, State of Colorado which considering the East line of the said Southeast 1/4 as bearing S 00'47' 00" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of U.S. Highway No.287 which bears S 88' 39' 00" W 75.00 feet and again N 00°49' 30" E 1101.50 feet from the Southeast comer of said Section 2 and run thence along the said West line of U.S. Highway No.287, N 00' 49' 30" E 120.00 feet and again N 22' 3l' 00" E 67.30 feet and again N 00' 51'l0" E 471.89 feet to the Southeast corner of Cameron Park, First Filing, thence N 88°45'00" W 405.00 feet along the South line of Cameron Park First and Second Filings; thence S 30' 29' 02" E 615.57 feet;thence S 00'49' 30" W 224.00 feet; thence N 24' 12' 30" E 100.78 feet; thence S 89°10'30" E 20.00 feet to the point of beginning, containing 3.1555 acres more or less.