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Home My WebLink About067 - 06/20/2000 - AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE ACCESS AND DRAINAGE EASEMENT TO DR. LARRY R. MAGNUSON ORDINANCE NO. 67, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE ACCESS AND DRAINAGE EASEMENT TO DR. LARRY. R. MAGNUSON WHEREAS,the City of Fort Collins(the"City")is the owner of the land known as the Fort Collins Senior Center PUD in Larimer County, Colorado (the "City's property"); and WHEREAS,Dr. Larry R. Magnuson wishes to acquire a non-exclusive access and drainage easement over, on, across, and under a portion of the City's property as shown on the Exhibit"A", attached hereto and incorporated herein by reference (the "Easement"); and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell,covey,or otherwise dispose 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; and WHEREAS, Dr. Magnuson is compensating the City for the access and drainage easement by granting to the City a nonexclusive easement for parking in the parking areas to be constructed on the Raintree Animal Clinic Property, which property is more particularly described on Exhibit "B", attached hereto and incorporated herein by this reference, in accordance with the Raintree Animal Clinic Development Plan approved by the City on April 13, 2000, which will provide for use of those parking areas by Senior Center patrons after regular business hours of the Raintree Animal Clinic,except to the extent the Clinic has posted up to four spaces as reserved for exclusive use by the Clinic; and WHEREAS, in the event that the operation of the Raintree Animal Clinic results in a reduction of hours of parking available on the Raintree Animal Clinic property for Senior Center patrons, Dr. Magnuson has agreed to compensate the City on an annual basis for the fair market value of the access portion of the Easement to be granted hereunder; and WHEREAS, the access rights granted in the Easement shall terminate in the event Dr. Magnuson is able to acquire alternative access to the Raintree Animal Clinic when the property to the south of his property is developed, or, in the alternative, Dr. Magnuson will at that time pay to the City the fair market value of the access rights granted to him under the Easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement on the terms and conditions described above is in the best interest of the City. Section 2. That the Mayor is authorized to execute such agreements and instruments as are necessary to convey the Easement to Dr. Larry R. Magnuson as described above. ably on first reading,and ordered published this 6th day of June, Introduced,considered favor A.D. 2000, and to be presented for final passage on the 20'th day of June, A.D. 2000. Mayor.7 . .. ., ATTEST: City Clerk Passed and adopted on final reading this 20th day of June, A.D. 2000. Mayor Pro Tom ATTEST:: City Clerk EXHIBIT "A" STMAU& SSOCIATES Consulting Engineers and Surveyors PAGE 1 OF 2 Access and Drainage Easement An access and drainage easement situate in Tract W.Fort Collins Senior Center P.1 J.D., City of Fort Collins, County of Larimer, State of Colorado which begins at a point which bears N00'21'00"W 26.00 feet and again S84'58'00"W 3 3.16 feet from the Southeast comer of said Tract "A" and run thenct+N00'21'00"W 193.70 feet;thence N89"39'00"E 33.00 feet to a point on the East line of said Tract "A"; thence N00'21'00"W 34.00 feet;thence S89'39'00"W 57.00 feet;thence S00'21'00"E 194.00 feet;thence S48045'00"W 89.70 feet;thence along the arc of a 40.00 foot radius curve to the right a distance of 21.68 feet;the long chord of which bears S45152'45"E 21.42 feet;thence along the arc of a 20.00 foot radius curve to the right a distance of 12.24 feet, the long chord of which bears S 12048147"E 12.05 feet to a point on the Northerly right-of-way line of Raintree drive; thence along said Northerly right-of-way line, along the arc of a 274.00 foot radius curve to the right a distance of 37,36 feet,the long chord of which bears N66'58'5 1"E 37.33 feet;thence along the arc of a 17.00 foot radius curve to the right a distance of 36.59 feet, the long chord of which bears NI2012125"E 29.92 feet;thence along the arc of a 300.00 foot radius curve to the right a distance of 33.99 feet, the long chord of which bears N75'40'13"E33.97 feet to the point of beginning. Richard A.Rutherford,P.E. &LIS. ti s 5028 Y.ft;+i9N James H.Stewart and Associates,Inc. 103 S.Meldrum Street P.O.Box 429 FL Collins,CO 80522 970/482-9331 Fax 970/482-9382 EXHIBIT "A" PAGE 2 OF 2 -g>AT OF C,. 0SS EASEMENT F172 AGGESS • DieA1�A66 �uT,eEE A�t11M a c. DZT- Gor~�r•Ns c.vc.o , ---. S 8.9°S3'30`E 553..5.¢:: •- Q `�3oao 9/,z g -...1-`�-' e" — I ga 589'31'00"W Sy'o0 j�W! Fsl P. ..;rr�ss i�1�x,,A- A.L GSP_. IMA Q; •� �D/fiAINAO Q..r V VI r hl � f�IZ IN N I III 3 tu N - � S(V v � ny+�A�►�' ._._.R-At1✓..Tf~EE-.._U£.' fK.�._._-.___.. ' Al Ll lv a V� EXMIT "B" LEGAL DESCRIPTION OF RAINTREE ANIMAL CLINIC PROPERTY A PART OF TRACT "F", RAINTREE P.U.D., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH P.M.AS BEARINGN00 021'00"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHEAST CORNER OF SAID TRACT "F" WHICH BEARS N00021'00"W 50.00 FEET AND AGAIN N90°00'00"W 50.00 FEET AND AGAIN N00021'00" W 1,257.03 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION 22 AND RUN THENCE S00021'00"E 80.57' FEET ALONG THE WEST LINE OF SOUTH SHIELDS STREET WHICH IS ALSO THE BOUNDARY LINE OF SAID TRACT"F";THENCE S89°39'00"W 193.27 FEET ALONG THE BOUNDARY OF SAID TRACT "F" TO A POINT ON THE EAST LINE OF TRACT "A", FORT COLLINS SENIOR CENTER P.U.D.; THENCE N00°21'00"W 82.62 FEET ALONG THE SAID EAST LINE TO A POINT ON THE NORTH LINE OF SAID TRACT "F"; THENCE S89"53'30"E 193.28 FEET ALONG THE NORTH LINE OF SAID TRACT "F" TO THE POINT OF BEGINNING, CONTAINING 15,770 SQUARE FEET MORE OR LESS.