Loading...
HomeMy WebLinkAbout193 - 12/16/1997 - GRANTING EASEMENTS TO WONDERLAND HILL DEVELOPMENT COMPANY IN CONNECTION WITH MARTINEZ PUD ORDINANCE NO. 193, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS GRANTING EASEMENTS TO WONDERLAND HILL DEVELOPMENT COMPANY IN CONNECTION WITH MARTINEZ PUD WHEREAS,the City of Fort Collins is the owner of real property located in Larimer County, Colorado, known as Lee Martinez Park("Property"); and WHEREAS, in connection with its construction of the Martinez P.U.D. (the "Project") ,the Wonderland Hill Development Company wishes to acquire from the City four(4) easements over and under the Property, as more particularly described herein(the "Easements"); and WHEREAS, Wonderland wishes to acquire a public access, utility and drainage easement, described on Exhibit "A" attached hereto and incorporated by reference, under and through the property to provide access, utility service, and storm drainage facilities to the Project; and WHEREAS, Wonderland wishes to acquire a right of way easement, described on Exhibit "B"attached hereto and incorporated by reference, under and through the property to provide right of way for Mason Court and public access into the Project; and WHEREAS, Wonderland wishes to acquire a drainage easement, described on Exhibit"C" attached hereto and incorporated by reference, under and through the property to provide storm drainage facilities for the Project; and WHEREAS, Wonderland wishes to acquire a utility easement, described on Exhibit "D" attached hereto and incorporated by reference, under and through the property to provide utility service to the Project; 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 Parks Department has 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 upon,under and through the Property 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 those certain easement interests as described on Exhibits"A", "B", "C", and "D" to Wonderland Hill Development Company, which Easement Agreement shall require a payment to the City for the Easements, based upon the fair market value of the property. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 1997, and to be presented for final passage on the 16th day of December, A.D. 1997. __ Mayor Pro Tern ATTEST: a City Clerk Passed and adopted on final reading this 16th day of Dcc6&r;A.D. 1997. -Mayon e ATTEST: City Clerk Exhibit "A" DESCRIPTION FOR A PUBLIC ACCESS,UTILITY AND DRAINAGE EASEMENT: A tract of land located in the Northeast Quarter of Section 11,Township 7 North, Range 69 Westof the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00°06'14" West from a Brass cap at the Northeast Comer of said Section 11 to a Brass cap at the East one- quarter comer of said Section 11 and with all bearings contained herein relative thereto: Commencing at the Northeast Comer of said Section 11;thence along the East line of the Northeast Quarter of said Section 11, South 00°06'14" West, 1107.06 feet; thence North 89°53'46" West, 260.00 feet;thence, South 00006'14" West, 132.07 feet;thence,North 88°03'22" West,236.46 feet; thence,North 68034119"West, 160.25 feet;thence,North 50°03'46" West, 131.60 feet;thence,North 86041'20" West, 179.00 feet; thence,North 63°38'52 West, 404.17 feet; thence,North 45°47'57" West, 460.69 feet to the POINT OF BEGINNING; thence,North 89°55'46"West, 406.40 feet to a point on the East line of Sherwood Street; thence along said Eastline,North 00°04'14" East,20.00 feet;thence,South 89055146"East, 119.68 feet to a point on a curve concave to the Northwest having a central angle of 29°14'17", a radius of 70.00 and the chord of which bears North 75°27'06" East, 35.33 feet; thence along the arc of said curve 35.72 feet; thence, North 60049'57', 27.96 feet to a point on a curve concave to the Southeast having a central angle of 29°14'17,a radius of 125.00 feet and the chord of which bears North 75°27'06" East, 63.10 feet; thence along the arc of said curve 63.10 feet; thence, South 89°55'46" East, 153.47 feet; thence, North 78°29'13" East, 13.89 feet; thence, South 00°04'14" West, 61.29 feet to the Point of Beginning. The above described tract of land contains 6.393 acres and is subject to all easements and rights-of-way now on record or existing. 779001 a4.wpd 9/13/97 Exhibit ■■A ®r .90'Lott - ate m , � §/! � ■ �§ w\ƒ\/ §§k DWO R§_ ,wz § min / R kw LL 0® z� cr ED ac UJ §\2 14. ■f w COM M s \ < Wk_J z 7 w olu-0 ƒ )C�\ w 7:w z k O woo« f = a \= {�� ) �� / §� / ;;x L «zw■ mmj w 'NO - _ oc = z \ q$-j E w z 0 $ (�$ _ . 0) - �� � Lu w §�k�* N B§X§ ow��o < o0©° a. <nw <0� j a k \ . / 0 (L 0 cc 4.,X 0 0- r� OW " " w� � §§ 6 \ 8 do -ISao«GHS @ Exhibit "B" DESCRIPTION FOR A PUBLIC RIGHT-OF-WAY EASEMENT: A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00°06'14" West from a Brass cap at the Northeast Comer of said Section 11 to a Brass cap at the East one- quarter comer of said Section 11 and with all bearings contained herein relative thereto: Commencing at the Northeast Comer of said Section 11;thence along the East line of the Northeast Quarter of said Section 11, South 00'06'14" West, 1107.06 feet; thence North 89°53'46" West, 260.00 feet;thence, South 00006'14" West, 132.07 feet;thence,North 88°03'22" West,236.46 feet; thence,North 68°34'19"West, 97.79 feet;thence, South 00100'00" West, 68.18 feet to a point on a non-tangent curve concave to the West having a central angle of 25°15'22,a radius of 120.50 feet and the chord of which bears South 12*3T41" East, 52.69 feet, said point being the POINT OF BEGINNING;thence along the arc of said curve 53.12 feet;thence,South 00100'00"East,92.45 feet to a point on the North line of Cherry Street;thence along said North line,North 90°00'00" West, 11.52 feet; thence departing said North line, North 00°00'00" East, 143.86 feet to the Point of Beginning. The above described tract of land contains 1,468 square feet and is subject to all easements and rights-of-way now on record or existing. 779001a2.wpd 9/13/97 SEAR-BROWN Exhibit "B" PUBLIC RIGHT-OF-WAY EASEMENT A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH,. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO NORTHEAST CORNER SECTION 11, T7N, R69W FND. BRASS CAP 3 1 a to so o � o ^ EAST LINE OF THE NORTHEAST o 0 QUARTER OF SEC. 11 N (BASIS OF BEARINGS) N 89'53'46' W � SCALE 1"=50' 260.00, 9/5/97 NOTE: NO PROPOSED OR EXISTING 3 EASEMENTS ARE SHOWN HEREON. co ^ o � \, o N 00 \ oo N 88'03'22" W o m 236.46' y \ N 00'00'00" W 18.54'\ POINT OF BEGINNIN\ ` \ A= 25'15'22" t 1 R = ' T = 27.007.00' L• = 53.12' CH = S12'37'41" E PROPOSED 52.69' MARTINEZ P.U.D. 00 co I 4 to 104 n S 00'00'00" E I3 92.45' � o NORTH LINE OF CHERRY STREET I oo o N 90*00*00" W EAST 1/4 CORNER CHERRY ST. 11.52' SECTION 11. T7N, R69W FND. BRASS CAP Exhibit "C DESCRIPTION FOR A DRAINAGE EASEMENT: A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69 Westof the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00°06'14" West from a Brass cap at the Northeast Corner of said Section 11 to a Brass cap at the East one- quarter corner of said Section 11 and with all bearings contained herein relative thereto: Commencing at the Northeast Comer of said Section 11; thence along the East line of the Northeast Quarter of said Section 11, South 00°06'14" West, 1107.06 feet; thence North 89°53'46" West, 260.00 feet;thence, South 00006114" West, 132.07 feet; thence,North 88°03'22" West, 236.46 feet; thence,North 68'34'19" West, 97.79 feet to the POINT OF BEGINNING; thence,North 00' 00'00" East, 177.33 feet; thence, South 46150'55" West, 29.74 feet to a point on a curve concave to the Northwest having a central angle of 46°26'33", a radius of 185.00 feet an the chord of which bears South 70°04'12" West, 145.88 feet; thence along the arc of said curve 149.96 feet; thence, North 86041120' West, 179.00 feet; thence, North 63038'52" West, 404.17 feet; thence, North 11'54'57" East, 39.29 feet; thence,North 24°14'16" East, 47.32 feet;thence,North 65°45'44" West, 50.00 feet; thence, South 24°14'16" West, 47.32 feet; thence, North 65°45'44" West, 47.29 feet; thence,North 45°47'57" West, 378.06 feet; thence, North 44°12'03" East , 50.00 feet; thence, South 45°47'57" East, 354.74 feet; thence,North 75°08'30" East, 67.18 feet; thence, South 65 45'44" East, 50.00 feet; thence, South 37 02'29" East, 98.47 feet; thence, South 70°51'l8" East, 251.95 feet; thence, South 62°27'42" East, 110.00 feet; thence, South 78°52'00" East, 154.47 feet; thence, North 77°28'51" East, 50.87 feet;thence,North 46°50'55" East, 118.78 feet;thence, South 43°09'05" East, 50.00 feet; thence, South 46°50'55" West, 61.63 feet; thence, South 00°00'00" East, 224.03 feet; thence, South 50°58'50" West, 25.74 feet; thence, North 00°00'00" East, 44.15 feet to the Point of Beginning. The above described tract of land contains 0.264 acres and is subject to all easements and rights-of- way now on record or existing. 77900la3.wpd 9/13/97 Exhibit "C" n+ .111.90.00 s : a W LL n rc ¢OC ig g gig Q --z w m ff +�< QjOQ OTF¢ z ,LOZCL O HF Z� M ,1L,90.00 S �uc CO CD lL a w V wu�{� W W O CO 0 W ; F =(7LLO t�i $� n i W OQOU- c w CC LL a $ Z }O Zma <�� oo W ¢CO w O m W Q ~OUQ �H w zZZ�/ NN q q off W W a W bb q Z pC 00au 3 W p Z~UO n. - Q�Z} W nn bN LLZII Y gn Z W ,_; 8— T OO=� $' N z ?4 z gY HBO m ? w o— g UCDU z nvOi U W r $ram 4 z QyW am LL O Q pig ng�°�Ali h of - r 21 1112 0 b� o\v i W� om H��~ \•bry�^ O W N N �iD\ n^ NY VI= �O o J' ;^ \b`8 Q• ��l � N OF b N A Y O h \\\\4yp fob N Q w / �} ob o No � z d w Exhibit "D" DESCRIPTION FOR A UTILITY EASEMENT: A tract of land located in the Northeast Quarter of Section 11, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East Line of the Northeast Quarter of said Section 11 as Bearing South 00°06'14" West from a Brass cap at the Northeast Corner of said Section 11 to a Brass cap at the East one- quarter corner of said Section 11 and with all bearings contained herein relative thereto: Commencing at the Northeast Comer of said Section 11;thence along the East line of the Northeast Quarter of said Section 11, South 00*06'14" West, 1107.06 feet; thence North 89°53'46" West, 260.00 feet;thence, South 00006'14" West, 132.07 feet;thence,North 88°03'22" West,236.46 feet; thence,North 68*34'19" West,97.79 feet;thence, South 00000'00" West, 49.64 feet to a point on a non-tangent curve concave to the West having a central angle of 32°41'43, a radius of 129.50 feet and the chord of which bears South 16°20'52" East, 72.90 feet, said point being the POINT OF BEGINNING;thence along the arc of said curve 73.90 feet;thence,South 00°00'00"East,92.45 feet to a point on the North line of Cherry Street;thence along said North line,North 90°00'00" West, 9.00 feet;thence departing said North line,North 00°00'00" East, 92.45 feet to a point on a curve concave to the West having a central angle of 25°15'22", a radius of 120.50 feet and the chord of which bears North 12°37'41" West, 52.69 feet; thence along the arc of said curve 53.12 feet to a point on a non-tangent line;thence along said line,North 00°00'00" East, 18.54 feet to the Point of Beginning. The above described tract of land contains 1,406 square feet and is subject to all easements and rights-of-way now on record or existing. 779001 a l.wpd 9/13/97 SEAR-BROWN Exhibit 'T" UTILITY EASEMENT A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO NORTHEAST CORNER SECTION 11, T7N, R69W FND. BRASS CAP 3 1 a is to o O O n O 1 EAST LINE OF THE NORTHEAST N "- QUARTER OF SEC. 11 (BASIS OF BEARINGS) N 89'S3'46" W SCALE 260.00'�5� 7 NOTE: NO PROPOSED OR EXISTING 3 EASEMENTS ARE SHOWN HEREON. ip t` O O N `. C N 683 .47 to 3 , 9w oo N 88'03.22" W o 236.46' ` o N 00'00'00" W� \ rA POINT OF BEGINNING 0 = 32'41'43" \ �R = 37.99' ' �Y T = 37.99' A= 25'15'22" L = 73.90' R = 120.50' CH - S 16'20'52" E T = 27.00' L = 53.12' 1/,� 72.90' CH = N 12'37'41" W PROPOSED 52.69' MARTINEZ P.U.D. I �j N 00'00'00" E �.o S 0000'00" E 92.45' I '�a 92.45' NORTH LINE OF- CHERRY STREET I �� / N 90'00'00" W EAST 1/4 CORNER SECTION 11, T7N, R69W CHERRY ST. 9.00 FND. BRASS CAP �f€t,