HomeMy WebLinkAbout104 - 06/16/1998 - AUTHORIZING THE GRANT OF TWO NON-EXCLUSIVE PERMANENT STORM DRAINAGE EASEMENTS AND THREE RELATED TEMP ORDINANCE NO. 104, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF TWO PERMANENT NON-EXCLUSIVE
STORM DRAINAGE EASEMENTS
AND THREE RELATED TEMPORARY CONSTRUCTION EASEMENTS
TO FIRST HEALTHCARE CORPORATION
WHEREAS,the City of Fort Collins is the owner of real property located in Larimer County,
Colorado, known as the Fossil Creek Community Park (the"Property"); and
WHEREAS, in connection with development of the Vencor Fort Collins Nursing Care
Center, First Healthcare Corporation wishes to acquire two (2) permanent non-exclusive storm
drainage easements and three (3) temporary construction easements, all described on Exhibit "A"
attached hereto and incorporated by reference(collectively, the "Easements"), to convey drainage
from the Vencor property to the Fossil Creek channel located on the Fossil Creek Community Park
Site; 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,Parks Planning staff,Natural Resources staff, and the Stormwater Utility have
recommended approval of the Easements.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Easements, as described on Exhibit"A", on the
Property is in the best interest of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute Easement Agreements
conveying the Easements to First Healthcare Corporation,which Easement Agreements shall require
a total payment to the City of$500, along with such additional terms and conditions as the City
Manager,in consultation with the City Attorney,determines necessary and appropriate to protect the
interests of the City.
Introduced,considered favorably on first reading,and ordered published this 2nd day of June,
A.D. 1998, and to be presented for final passage on the 16th day une A.D. 1998./�
ayor
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ATTEST:
4M�Lk
City Clerk
Passed and adopted on final reading this 16th day of June, A.D. 1998.
Mayor�'Fr: '�wrn
ATTEST:
City Clerk
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A 20.00 FOOT WIDE DRAINAGE EASEMENT OVER AND ACROSS A PORTION OF FOSSIL
CREEK COMMUNITY PARK AS RECORDED IN BOOK 2153 PAGE 863, LARIMER
COUNTY RECORDS, SITUATED IN THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, LYING 10.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION 12, BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3 '/4"
ALUMINUM CAP IN A RANGE BOX STAMPED "LS 20123"AND AT THE EAST QUARTER
CORNER BY A 3 '/4" ALUMINUM CAP IN A RANGE BOX STAMPED "LS 12374" IS
ASSUMED TO BEAR S 00003'43"W.
BEGINNING AT A POINT WHICH BEARS S 18034'34"W A DISTANCE OF 650.38 FEET
FROM THE NORTHEAST CORNER OF SAID SECTION 12; SAID POINT ALSO BEING ON
THE NORTHERLY LINE OF SAID FOSSIL CREEK COMMUNITY PARK;THENCE ALONG
SAID CENTERLINE S 18041'45"E A DISTANCE OF 163.09 FEET TO THE POINT OF
TERMINUS,FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS
S 04045'59"E A DISTANCE OF 1830.46 FEET, THE SIDE LINES OF SAID 20.00 FOOT
EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON THE NORTHERLY LINE
OF SAID FOSSIL CREEK, COMMUNITY PARK.
CONTAINING A CALCULATED AREA OF 3,262 SQUARE FEET (0.075 ACRES)
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A 20.00 FOOT WIDE DRAINAGE EASEMENT OVER AND ACROSS A PORTION OF FOSSIL
CREEK COMMUNITY PARK AS RECORDED IN BOOK 2153 PAGE 863, LARIMER
COUNTY RECORDS, SITUATED IN THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE. 6 P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO, LYING 10 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION 12, BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3'/a"
ALUMINUM CAP IN A RANGE BOX STAMPED"LS 20123"AND AT THE EAST QUARTER
CORNER BY A 3'/4" ALUMINUM CAP IN A RANGE BOX STAMPED "LS 12374" IS
ASSUMED TO BEAR S 00003'43"W.
BEGINNING AT A POINT WHICH BEARS S 67043'46"W A DISTANCE OF 838.96 FEET
FROM THE NORTHEAST CORNER OF SAID SECTION 12; SAID POINT ALSO BEING ON
A NORTHERLY LINE OF SAID FOSSIL CREEK COMMUNITY PARK; THENCE ALONG
SAID CENTERLINE S 45014'15"W A DISTANCE OF 51.17 FEET TO THE POINT OF
TERMINUS,FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS
S 19052'09" E A DISTANCE OF 2382.98 FEET, THE SIDE LINES OF SAID 20.00 FOOT
EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON THE NORTHERLY LINE
OF SAID FOSSIL CREEK COMMUNITY PARK.
CONTAINING A CALCULATED AREA OF 1,023 SQUARE FEET (0.024 ACRES).
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A
PORTION OF FOSSIL CREEK COMMUNITY PARK AS RECORDED IN BOOK 2153 PAGE
863, LARIMER COUNTY RECORDS, SITUATED IN THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, LYING 7.50 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, SAID EASEMENT LYING
SOUTHEASTERLY OF AND COINCIDENT WITH A PROPOSED 20 FOOT WIDE DRAINAGE
EASEMENT:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION 12, BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3 '/a"
ALUMINUM CAP IN A RANGE BOX STAMPED"LS 20123"AND AT THE EAST QUARTER
CORNER BY A 3 `/4" ALUMINUM CAP IN A RANGE BOX STAMPED "LS 12374" IS
ASSUMED TO BEAR S 00003'43"W.
BEGINNING AT A POINT WHICH BEARS S 66039'56"W A DISTANCE OF 830.61 FEET
FROM THE NORTHEAST CORNER OF SAID SECTION 12; SAID POINT ALSO BEING ON
THE NORTHERLY LINE OF SAID FOSSIL CREEK COMMUNITY PARK;THENCE ALONG
SAID CENTERLINE S 45014'15"W A DISTANCE OF 53.12 FEET TO THE POINT OF
TERMINUS,FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS
S 19041'27" E A DISTANCE OF 2367.12 FEET, THE SIDE LINES OF SAID 15.00 FOOT
EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON THE NORTHERLY LINE
OF SAID FOSSIL CREEK COMMUNITY PARK.
THIS EASEMENT SHALL TERMINATE WHEN THE STORM SEWER LINE WITHIN THE
COINCIDENT 20 FOOT WIDE DRAINAGE EASEMENT HAS BEEN COMPLETED AND
APPROVED BY THE DISTRICT.
CONTAINING A CALCULATED AREA OF 797 SQUARE FEET (0.018 ACRES)
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A 15.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A
PORTION OF FOSSIL CREEK COMMUNITY PARK AS RECORDED IN BOOK 2153 PAGE
863, LARIMER COUNTY RECORDS, SITUATED IN THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, LYING 7.50 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, SAID EASEMENT LYING
NORTHWESTERLY OF AND COINCIDENT WITH A PROPOSED 20 FOOT WIDE
DRAINAGE EASEMENT:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION 12, BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3 '/4"
ALUMINUM CAP IN A RANGE BOX STAMPED "LS 20123"AND AT THE EAST QUARTER
CORNER BY A 3 '/4" ALUMINUM CAP IN A RANGE BOX STAMPED "LS 12374" IS
ASSUMED TO BEAR S 00003'43"W.
BEGINNING AT A POINT WHICH BEARS S 68046'20"W A DISTANCE OF 847.60 FEET
FROM THE NORTHEAST CORNER OF SAID SECTION 12; SAID POINT ALSO BEING ON
THE NORTHERLY LINE OF SAID FOSSIL CREEK COMMUNITY PARK;THENCE ALONG
SAID CENTERLINE S 45014'15"W A DISTANCE OF 49.22 FEET TO THE POINT OF
TERMINUS,FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS
S 20002'42"E A DISTANCE OF 2398.87 FEET, THE SIDE LINES OF SAID 15.00 FOOT
EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON THE NORTHERLY LINE
OF SAID FOSSIL CREEK COMMUNITY PARK.
THIS EASEMENT SHALL TERMINATE WHEN THE STORM SEWER LINE WITHIN THE
COINCIDENT 20 FOOT WIDE DRAINAGE EASEMENT HAS BEEN COMPLETED AND
APPROVED BY THE DISTRICT.
CONTAINING A CALCULATED AREA OF 738 SQUARE FEET (0.017 ACRES)
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A
PORTION OF FOSSIL CREEK COMMUNITY PARK AS RECORDED IN BOOK 2153 PAGE
863, LARIMER COUNTY RECORDS, SITUATED IN THE NORTHEAST QUARTER OF
SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO,LYING 10.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, SAID EASEMENT LYING
NORTHEASTERLY OF AND COINCIDENT WITH A PROPOSED 20 FOOT WIDE DRAINAGE
EASEMENT:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF
SECTION 12, BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3 '/4"
ALUMINUM CAP IN A RANGE BOX STAMPED "LS 20123"AND AT THE EAST QUARTER
CORNER BY A 3 '/4" ALUMINUM CAP IN A RANGE BOX STAMPED "LS 12374" IS
ASSUMED TO BEAR S 00003'43"W.
BEGINNING AT A POINT WHICH BEARS S 16043'21"W A DISTANCE OF 645.11 FEET
FROM THE NORTHEAST CORNER OF SAID SECTION 12; SAID POINT ALSO BEING ON
THE NORTHERLY LINE OF SAID FOSSIL CREEK COMMUNITY PARK;THENCE ALONG
SAID CENTERLINE S 18041'45" E A DISTANCE OF 154.91 FEET TO THE POINT OF
TERMINUS,FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS
S 04009'38" E A DISTANCE OF 1835.38 FEET, THE SIDE LINES OF SAID 20.00 FOOT
EASEMENT TO BE EXTENDED OR SHORTENED TO BEGIN ON THE NORTHERLY LINE
OF SAID FOSSIL CREEK COMMUNITY PARK.
THIS EASEMENT SHALL TERMINATE WHEN THE STORM SEWER LINE WITHIN THE
COINCIDENT 20 FOOT WIDE DRAINAGE EASEMENT HAS BEEN COMPLETED AND
APPROVED BY THE DISTRICT.
CONTAINING A CALCULATED AREA OF 3,098 SQUARE FEET (0.071 ACRES).