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HomeMy WebLinkAbout189 - 12/02/1997 - GRANTING EASEMENTS TO FORT COLLINS-LOVELAND WATER DISTRICT FOR AN UNDERGROUND WATERLINE ACROSS THE P ORDINANCE NO. 189, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS GRANTING A NON-EXCLUSIVE, PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT TO THE FORT COLLINS-LOVELAND WATER DISTRICT FOR AN UNDERGROUND WATERLINE ACROSS THE SOUTHERN PORTION OF THE CITY'S PROVINCETOWN SPECIAL IMPROVEMENT DISTRICT PROPERTY WHEREAS,the City of Fort Collins (the"City") is the owner of that parcel of real property located in Larimer County, Colorado, known as the Provincetown Special Improvement District Property (the "Property"); and WHEREAS, the Fort Collins-Loveland Water District (the "District") wishes to acquire a non-exclusive, permanent easement for an underground waterline across the Property in order to provide increased water services to the future development on the Property and to other developments in the surrounding area, which easement is legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Permanent Easement"); and WHEREAS, the District also wishes to acquire a temporary construction easement across the Property to construct the proposed waterline in the Permanent Easement which temporary construction easement is legally described on Exhibit B attached hereto and incorporated herein by this reference (the "Temporary 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 interests of the City of Fort Collins. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City's granting of the Permanent Easement and the Temporary Easement to the District is in the best interest of the City. Section 2. That the City Manager is hereby authorized to execute easement agreements conveying the Permanent Easement and the Temporary Easement to the District, which easement agreements shall require a payment to the City for the Permanent Easement and the Temporary Easement, based upon the fair market value of the Property, adjusted to reflect the benefits to be gained by the City, if any, from granting the Permanent Easement and the Temporary Easement to the District. Introduced, considered favorably on first reading, and ordered publis9ed this 18th day of November,A.D. 1997,and to be presented for final passage on the 2nd day of Iecember,A.D. 1997. �yor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of December, A.D. 1997. Mayor.: ,,, , ,• , ATTEST: City Clerk Exhibit "A" 30'PERMANENT UTILITY EASEMENT That portion of Section 13, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the North line of the Northeast Quarter of said Section 13 as bearing North 88°17' 23" West and with all bearings contained herin relative thereto. Beginning at the Northeast comer of said Section 13; thence along the North line of said Section 13, North 88017123" West 2103.42 feet;thence leaving said North line, South 00°16' 28" East 30.01 feet to the West line of the Tract of land described at Reception No. 87068133; thence along said West line South 00°15'37" East 20.01 feet to the South line of said Tract described at Reception No. 87068133;thence along said South line South 88°17' 23" East 1077.69 feet; thence 31.42 feet along the arc of a curve to the right having a central angle of 90°00' 00", a radius of 20.00 feet, the long chord of which bears South 43°17' 23" East a distance of 28.28 feet to a point on the Westerly right- of-way line of Brittany Road; thence along said Westerly right-of-way line the following seven (7) courses and distances: 1) South 01°42' 37" West 460.00 feet; 2) Thence 84.04 feet along the arc of a curve to the right having a central angle of 05°00'00", a radius of 963.00 feet, the long chord of which bears South 04°12' 37" West a distance of 84.01 feet; 3) South 06°42' 37" West 250.00 feet, 4) Thence 90.50 feet along the arc of a curve to the left having a central angle of 05000' 00", a radius of 1037.00 feet, the long chord of which bears South 04°12' 37" West a distance of 90.47 feet; 5) South 01°42' 37" West 347.83 feet, 6) Thence 108.10 feet along the arc of a curve to the left having a central angle of 05°58' 22", a radius of 1037.00 feet, the long chord of which bears South 01°16' 34" East a distance of 108.05 feet; 7) South 04'15' 45" East 99.00 feet; Thence leaving said Westerly right-of-way line and along Provincetowne P.U.D. 1st Filings North, West and Southerly lines the following five (5) courses and distances: 1) North 88'17' 23" West 718.86 feet; 2) South 16'23' 29" East 67.37 feet; 3) South 01°42' 37" West 54.00 feet; 4) South 19'19' 11" East 997.49 feet; 5) North 80'16' 10" East 196.00 feet; Thence leaving said P.U.D. South 09°43' 50" East a distance of 80.00 feet to a point on the South right-of-way line of Province Road; thence Along said South right-of-way line the following five (5) courses and distances: 1) North 80'16' 10" East 511.00 feet; 2) Thence 181.79 feet along the arc of a curve to the right having a central angle of 09°49'34", a radius of 1060.00 feet,the long chord of which bears North 85°10' 57" East a distance of 181.57 feet; 3) South 89°54' 16" East 256.94 feet; 4) South 88°30' 05" East 40.84 feet; 5) South 89°54' 16" East 110.00 feet; Thence leaving said Southerly right-of-way line South 00°05' 44" West a distance of 1071.05 feet; thence North 88°09' 53" West 195.16 feet; thence 245.71 feet along the arc of a curve to the left having a central angle of 58°39' 35", a radius of 240.00 feet, the long chord of which bears South 62030'20" West a distance of 235.12 feet;thence South 33°10' 32" West 475.66 feet; thence 291.14 feet along the arc of a curve to the right having a central angle of 18°32' 03", a radius of 900.00 feet, the long chord of which bears South 56°32' 13" West a distance of 289.87 feet; thence South 65°48' 14" West 52.05 feet; thence 318.15 feet along arc of a curve to the right having a central angle of 77034'06", a radius of235.00 feet, the long chord of which bears North 75°24' 43" West a distance of 294.40 feet;thence North 36037' 40" West a distance of 86.59 feet; thence 132.06 feet along the arc of a curve to the right having a central angle of 18°54' 58", a radius of 400.00 feet, the long chord of which bears North 27°10' 11" West a distance of 131.46 feet;thence North 17°42' 42" West 72.89 feet;thence 144.27 feet along the arc of a curve to the right having a central angle of 55°06' 30", a radius of 150.00 feet,the long chord of which bears North 09°50' 35" East a distance of 138.78 feet; thence 97.55 feet along the arc of a curve to the right having a central angle of 13°48' 04", a radius of 405.00 feet, the long chord of which bears North 52°41' 38" West 97.32 feet; thence 903.27 feet along the arc of a curve to the right having a central angle of 111°17' 51", a radius of 465.00 feet, the long chord of which bears North 88°11' 29" West a distance of 767.80 feet; thence 194.19 feet along the arc of a curve to the right having a central angle of 31'47' 20", a radius of 350.00 feet, the long chord of which bears North 16*38' 5 3" West 191.71 feet; thence North 00°45' 11" West 45.89 feet; thence 410.02 feet along the arc of a curve to the left having a central angle of 52°12'18", a radius of450,00 feet, the long chord of which bears North 26°51'20" West a distance of 395.98 feet; thence North 52'57' 29" West 44.57 feet; thence 207.35 feet along the arc of a curve to the left having a central angle of 11°52' 49", a radius of 1000.00 feet, the long chord of which bears North 58*53' 54" West a distance of 206.98 feet; to the True Point of Beginning; thence 114.15 feet along the arc of a curve to the left having a central angle of 06°32' 26", a radius of 1000.00 feet, the long chord of which bears North 68°06' 32" West a distance of 114.09 feet; thence along the following two (2) courses: 1) North 70°57' 05" West 237.82 feet; 2) North 66033' 03" West 374.21 feet; Thence 123.88 feet along the are of a curve to the right having a central angle of 20'16'43", a radius of 350.00 feet, the long chord of which bears North 56°24'40" West a distance of 123.23 feet; thence along the following fifteen (15) courses: 1) North 46°16' 17" West 49.74 feet; 2) North 89°50' 00" West 219.87 feet, 3) North 37°37' 00" West 294.05 feet; 4) North 41'3 5' 00" West 116.18 feet; 5) North 41°53' 00" West 58.88 feet; 6) North 63'28' 00" West 110.00 feet; 7) North 79°10' 00" West 120.00 feet; 8) North 53°22' 30" West 245.00 feet; 9) North 28°06' 30" West 150.00 feet; 10) North 75°16' 30" West 200.00 feet; 11) South 58°26' 30" West 180.00 feet; 12) South 26°23' 30" West 300.00 feet; 13) South 15°55' 30" West 300.00 feet, 14) South 01°59' 30" East 109.40 feet; 15) North 89 50 00 West 137.33 to a point on the easterly right-of-way line of College Avenue; thence along said easterly right-of-way South 00°07' 00" West 30.00 feet; thence leaving said easterly right-of-way along the following fifteen (15 ) courses: 1) South 89°50' 00" East 168.46 feet; 2) North 01'5 9' 30" West 135.82 feet, 3) North 15°55' 30" East 292.52 feet; 4) North 26°23' 30" East 288.64 feet; 5) North 58°26' 30" East 158.56 feet; 6) South 75°16' 30" East 174.08 feet; 7) South 28°06' 30" East 143.63 feet; 8) South 53°22' 30" East 258.59 feet; 9) South 79°10' 00" East 122.73 feet; 10) South 63°28' 00" East 100.15 feet; 11) South 41°53' 00" East 53.08 feet; 12) South 41'3 5' 00" East 115.06 feet; 13) South 37°37' 00" East 307.71 feet; 14) South 89°50''00" East 222.58 feet, 15) South 46°16' 17" East 37.75 feet; Thence 134.49 feet along the arc of a curve to the left having a central angle of 20°16' 43", a radius of380.00 feet, the long chord of which bears South 56°24'40" East a distance of 133.79 feet; thence along the following two (2) courses: 1) South 66°33' 03" East 375.36 feet; 2) South 70°57' 05" East 239.09 feet; Thence 110.84 feet along the arc of a curve to the right having a central angle of 06°32' 49", a radius of 970.00 feet,the long chord of which bears South 68°06' 43" East a distance of 110.78 feet; thence North 25°09' 41" East 30.00 feet to the True Point of Beginning. Exhibit "B" TEMPORARY 50' UTILITY CONSTRUCTION EASEMENT That portion of Section 13, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Considering the North line of the Northeast Quarter of said Section 13 as bearing North 88°17' 23" West and with all bearings contained her-in relative thereto. Beginning at the Northeast corner of said Section 13; thence along the North line of said Section 13, North 880 17'23" West 2103.42 feet;thence leaving said North line, South 00°16' 28" East 30.01 feet to the West line of the Tract of land described at Reception No. 87068133; thence along said West line South 00*15'37" East 20.01 feet to the South line of said Tract described at Reception No. 87068133;thence along said South line South 88°17' 23" East 1077.69 feet; thence 31.42 feet along the arc of a curve to the right having a central angle of 90°00' 00", a radius of 20.00 feet, the long chord of which bears South 430172311 East a distance of 28.28 feet to a point on the Westerly right- of-way line of Brittany Road; thence along said Westerly right-of-way line the following seven(7) courses and distances: 1) South 01°42' 37" West 460.00 feet; 2) Thence 84.04 feet along the arc of a curve to the right having a central angle of 05000' 00", a radius of 963.00 feet,the long chord of which bears South 04'12' 37" West a distance of 84.01 feet; 3) South 06°42' 37" West 250.00 feet; 4) Thence 90.50 feet along the arc of a curve to the left having a central angle of 05°00'00", a radius of 1037.00 feet, the long chord of which bears South 04°12' 37" West a distance of 90.47 feet; 5) South 01°42' 37" West 347.83 feet; 6) Thence 108.10 feet along the arc of a curve to the left having a central angle of 05058'22", a radius of 1037.00 feet, the long chord of which bears South 01°16' 34" East a distance of 108.05 feet; 7) South 040 15' 45" East 99.00 feet; Thence leaving said Westerly right-of-way line and along Provincetowne P.U.D. 1 st Filings North, West and Southerly lines the following five (5) courses and distances: 1) North 88°17' 23" West 718.86 feet; 2) South 16°23' 29" East 67.37 feet; 3) South 01°42' 37" West 54.00 feet; 4) South 19019' 11" East 997.49 feet; 5) North 80°16' 10" East 196.00 feet; Thence leaving said P.U.D. South 09°43' 50" East a distance of 80.00 feet to a point on the South right-of-way line of Province Road; thence Along said South right-of-way line the following five (5) courses and distances: 1) North 80'16' 10" East 511.00 feet; 2) Thence 181.79 feet along the arc of a curve to the right having a central angle of 09049'34", a radius of 1060.00 feet, the long chord of which bears North 85°10' 57" East a distance of 181.57 feet; 3) South 89°54' 16" East 256.94 feet; 4) South 88°30' 05" East 40.84 feet; 5) South 89°54' 16" East I10.00 feet; Thence leaving said Southerly right-of-way line South 00°05' 44" West a distance of 1071.05 feet; thence North 88°09' 53" West 195.16 feet; thence 245.71 feet along the arc of a curve to the left having a central angle of 58°39' 35", a radius of 240.00 feet, the long chord of which bears South 62°30'20" West a distance of 235.12 feet;thence South 33°10' 32" West 475.66 feet; thence 291.14 feet along the arc of a curve to the right having a central angle of 18°32' 03", a radius of 900.00 feet, the long chord of which bears South 56*32' 13" West a distance of 289.87 feet; thence South 65°48' 14" West 52.05 feet; thence 318.15 feet along the are of a curve to the right having a central angle of 77°34' 06", a radius of 235.00 feet, the long chord of which bears North 75°24' 43" West a distance of 294.40 feet; thence North 36°37' 40" West a distance of 86.59 feet; thence 132.06 feet along the arc of a curve to the right having a central angle of 18°54' 58", a radius of 400.00 feet, the long chord of which bears North 27°10' 11" West a distance of 131.46 feet; thence North 17°42' 42" West 72.89 feet; thence 144.27 feet along the arc of a curve to the right having a central angle of 55°06' 30", a radius of 150.00 feet, the long chord of which bears North 09°50' 35" East a distance of 138.78 feet;thence 97.55 feet along the arc of a curve to the right having a central angle of 13°48' 0400, a radius of 405.00 feet;the long chord of which bears North 52°41' 38" West 97.32 feet; thence 903.27 feet along the arc of a curve to the right having a central angle of 111° 17' 51", a radius of 465.00 feet,the long chord of which bears North 880 11' 29" West a distance of 767.80 feet; thence 194.19 feet along the arc of a curve to the right having a central angle of 31'47' 20", a radius of 350.00 feet, the long chord of which bears North 16038' 53" West 191.71 feet; thence North 00045' 11" West 45.89 feet;thence 410.02 feet along the arc of a curve to the left having a central angle of 52012' 18", a radius of 450.00 feet, the long chord of which bears North 26°51' 20" West a distance of 395.98 feet;thence North 52°57' 29" West 44.57 feet; thence 207.35 feet along the arc of a curve to the left having a central angle of 11°52' 49", a radius of 1000.00 feet, the long chord which bears North 58°53' 54" West a distance of 206.98 feet to the True Point of Beginning; thence 114.15 feet along the arc of a curve to the left having a central angle of 06°32' 2611, a radius of 1000.00 feet, the long chord of which bears North 68°06' 32" West a distance of 114.09 feet, thence along the following two (2) courses: 1) North 70057 05" West 237.82 feet; 2) North 66°33' 03" West 374.21 feet, Thence 123.88 feet along the arc of a curve to the right having a central angle of 20°16' 43", a radius of 350.00 feet, the long chord of which bears North 56°24' 40" West a distance of 123.23 feet; thence along the following fifteen (15) courses: 1) North 46'16' 17" West 49.74 feet, 2) North 89°50' 00" West 219.87 feet; 3) North 37°37' 00" West 294.05 feet; 4) North 41'3 5' 00" West 116.18 feet; 5) North 41°53' 00" West 58.88 feet; 6) North 63°28' 00" West 110.00 feet; 7) North 79°10' 00" West 120.00 feet; 8) North 53°22' 30" West 245.00 feet, 9) North 28°06' 30" West 150.00 feet; 10) North 75°16' 30" West 200.00 feet; 11) South 58026' 30" West 180.00 feet, 12) South 26°23' 30" West 300.00 feet, 13) South 15°55' 30" West 300.00 feet, 14) South 01059' 30" East 109.40 feet, 15) North 89 50 00 West 137.33 to a point on the easterly right-of-way line of College Avenue; thence along said easterly right-of-way South 00°07 00 West 50.00 feet; thence leaving said easterly right-of-way along the following (15) courses: 1) South 89°50' 00" East 189.21 feet; 2) North 01°59' 30" West 153.44 feet, 3) North 15°55' 30" East 287.54 feet; 4) North 26*23' 30" East 281.06 feet; 5) North 58°26' 30" East 144.27 feet; 6) South 75'16' 30" East 156.80 feet, 7) South 28°06' 30" East 139.38 feet, 8) South 53°22' 30" East 267.65 feet; 9) South 79°10' 00" East 124.55 feet, 10) South 63°28' 00" East 93.58 feet; 11) South 41°53' 00" East 49.22 feet, 12) South 41035' 00" East 114.32 feet, 13) South 37°37' 00" East 316.82 feet; 14) South 89°50' 00" East 224.39 feet; 15) South 46°16' 17" East 29.76 feet; Thence 141.57 feet along the arc of a curve to the left having a central angle of 20'16' 43", a radius of 400.00 feet, the long chord of which bears South 56°24' 40"East a distance of 140.83 feet; thence along the following two (2) courses: 1) South 66°33' 03" East 376.13 feet, 2) South 70°57' 05" East 239.93 feet, Thence 108.63 feet along the arc of a curve to the right having a central angle of 06°33' 06", a radius of 950.00 feet, the long chord of which bears South 68°06' 52" East a distance of 108.57 feet; thence North 25°09' 41" East 50.00 feet to the True Point of Beginning.