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HomeMy WebLinkAbout015 - 02/03/2004 - AUTHORIZING THE GRANT OF A NON-EXCLUSIVE CORRECTION EASEMENT TO BOXELDER SANITATION DISTRICT IN EXCH ORDINANCE NO. 015, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A NON-EXCLUSIVE CORRECTION EASEMENT TO BOXELDER SANITATION DISTRICT IN EXCHANGE FOR THE VACATION OF PART OF AN EXISTING EASEMENT WHEREAS, the City of Fort Collins (the "City") is the owner of certain parcels of real property located on East Prospect Street, known as Riverbend Ponds and Running Deer Natural Areas (the "Property"); and WHEREAS, the City purchased the Property subject to a Boxelder Sanitation District(the "District") sewer line easement, dated January 23, 1973, and recorded on April 13, 1973, at Book 1550 and Page 144 (the "Existing Easement"); and WHEREAS,the District installed the sewer line outside the Existing Easement Area in some of the areas that cross the Property; and WHEREAS, the District wishes the City to grant a correction easement on a portion of the Property more specifically described on Exhibit"A",attached hereto and incorporated herein by this reference (the "New Easement Area") in exchange for the vacation of a portion of the Existing Easement Area described on Exhibit`B" attached hereto and incorporated herein by this reference (the "Existing Easement Area"); and WHEREAS, the grant of the new easement in exchange for vacation of the easement on the Existing Easement Area will benefit the natural areas involved because it will accurately describe the sewer line encumbrance and will allow for the addition of easement language specific to the Property and the City's Natural Areas program; and WHEREAS,the Natural Resources Advisory Board considered the proposed new easement on January 7,2004, and recommended that the Council authorize the grant of the new easement in exchange for the easement vacation as described herein; 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 other disposition of real property is in the best interest 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 conveyance of a permanent, nonexclusive sewer line easement on the New Easement Area upon, under and through the Property in exchange for the vacation of the existing sewer line easement in the Existing Easement Area is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute an easement agreement to the Boxelder Sanitation District by which the City shall grant a nonexclusive correction easement in exchange for the abandonment across,through and under the real property shown on Exhibit"A"and relinquishment by Boxelder Sanitation District of all right,title and interest in the Existing Easement Area, as shown on Exhibit"B",together with such additional terms and conditions and conveyance documents as the City Manager,in consultation with the City Attorney,determines are necessary to protect the interests of the City, consistent with the terms of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 20th day of January, A.D. 2004, and to be presented for final passage on the 3rd day of February, A.D. 2004. Mayor Pro TOM ATTEST: 4(,-UL4 1� .��-C1 City Clerk Passed and adopted on final reading this 3rd day of February, A.D. 2004. Mayor ATTEST: City Clerk PROPERTY DESCRIPTION Exhibit A,page 1 of 3 City of Fort Collins Corrected Sanitary Sewer Easement A parcel of land being a part of the Southeast Quarter (SE1/4) of Section Seventeen (17), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6" P.M.), County of Larimer, State of Colorado, being dedicated as a 30.00 foot wide sanitary sewer easement to correct a portion of a sanitary sewer easement as was previously dedicated April 19, 1973 in Book 1550 Page 118 of the Records of Larimer County. That portion of the previously dedicated easement being corrected lies in that parcel of land within the SE1/4 of said Section 17 as described in Reception No. 88054464. Said corrected sanitary sewer easement centerline is more particularly described as follows: COMMENCING at the Southeast Corner of said Section 17 and assuming the South line of the Southeast Quarter (SE1/4) to bear South 89'32'49" East, a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2633.82 feet, with all bearings herein relative thereto; THENCE North 000 t 1'51"West along the East line of the SE1/4 a distance of 1.46 feet; THENCE North 50035'55"West a distance of 94.72 feet; THENCE North 89032'49" West along a line parallel with and 61.00 feet Northerly of, as measured at a right angle to the South line of the SE1/4 of said Section 17 a distance of 431.37 feet to the West line of that parcel of land as described in Reception No. 99062551 and the POINT OF BEGINNING of said centerline description of the corrected sanitary sewer easement; THENCE North 89032'49" West continuing along a line parallel with and 61.00 feet Northerly of, as measured at a right angle to the South line of the SEl/4 of said Section 17 a distance of 583.45 feet to the Easterly line of the portion of the existing sanitary sewer easement as was previously dedicated April 19, 1973 in Book 1550 Page 118 of the Records of Larimer County running generally in a north-south direction through the SE1/4 of said Section 17 and the POINT OF TERMINATION of said corrected sanitary sewer easement centerline. It is the intent of this description that the sidelines of the described easement be prolonged or shortened to begin on the West line of that parcel of land within the SE1/4 of said Section 17 described in Rec. No. 99062551 and terminate on the Easterly line of the said previously dedicated sanitary sewer easement(Book 1550, Page 118). Said sanitary sewer easement contains 17,503 Sq. Ft. or 0.402 Acre, more or less (±), and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. Steven A. Lund—on behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 9299 Eastman Park Drive PROPERTY DESCRIPTION Exhibit A,page 2 of 3 City of Fort Collins Corrected Sanitary Sewer Easement A parcel of land being a part of the Southeast Quarter(SE1/4) of Section Seventeen (17), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6'" P.M.), County of Larimer, State of Colorado, being dedicated as a 30.00 foot wide sanitary sewer easement to correct a portion of a sanitary sewer easement as was previously dedicated April 19, 1973 in Book 1550 Page 118 of the Records of Larimer County. That portion of the previously dedicated easement being corrected lies in that parcel of land as described in Reception No. 99062251. Said corrected sanitary sewer easement centerline is more particularly described as follows: COMMENCING at the Southeast Comer of said Section 17 and assuming the South line of the Southeast Quarter (SE1/4) to bear South 89'32'49" East, a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2633.82 feet, with all bearings herein relative thereto; THENCE North 0001 P51" West along the East line of the SE1A a distance of 1.46 feet to the POINT OF BEGINNING of said centerline description of the corrected sanitary sewer easement; THENCE North 50035'55" West a distance of 94.72 feet; THENCE North 89032'49" West along a line parallel with and 61.00 feet Northerly of, as measured at a right angle to the South line of the SE 1/4 of said Section 17 a distance of 431.37 feet to the West line of that parcel of land as described in Reception No. 99062551 and the POINT OF TERMINATION of said corrected sanitary sewer easement centerline. It is the intent of this description that the sidelines of the described easement be prolonged or shortened to begin on the East line and South line of the SETA of said Section 17 and terminate on the West line of that parcel of land as described in Reception No. 99062251. Said sanitary sewer easement contains 15,584 Sq. Ft. or 0.358 Acre, more or less (±), and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. Steven A. Lund—on behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 9299 Eastman Park Drive �u: a� r,.i,....a Qnccn PROPERTY DESCRIPTION Exhibit A, page 3 of 3 City of Fort Collins Corrected Sanitary Sewer Easement A parcel of land being a part of the Northwest Quarter (NWl/4) of Section Twenty-one (21), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6ih P.M.), County of Larimer, State of Colorado, being dedicated as a 30.00 foot wide sanitary sewer easement to correct a portion of a sanitary sewer easement as was previously dedicated April 19, 1973 in Book 1550 Page 118 of the Records of Larimer County. That portion of the previously dedicated easement being corrected lies in those parcels of land described as Parcel I and Parcel II in Reception No. 2000046005 of the Records of Larimer County. Said corrected sanitary sewer easement centerline is more particularly described as follows: COMMENCING at the Northwest Comer of said Section 21 and assuming the North line of the NW l/4 to bear South 88°40'07" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone,North American Datum 1983/92, a distance of 2645.82 feet, with all bearings herein relative thereto; THENCE South 00°09'26" East along the West line of the NW IA a distance of 30.01 feet to a point 30.00 feet Southerly of,as measured at a right angle to the North line of the NW IA of said Section 21; THENCE South 88'40'07"East along a line parallel with and 30.00 feet Southerly of, as measured at a right angle to the North line of the NW IA of said Section 21 a distance of 726.74 feet to the West line of Parcel It,of said Reception No. 2000046005; THENCE South 01'19'53" West along said West line of Parcel 11 a distance of 32.00 feet to the POINT OF BEGINNING of said centerline description of the corrected sanitary sewer easement; THENCE South 88°40'07" East along said centerline which is parallel with and 62.00 feet Southerly of, as measured at a right angle to the North line of the NW 1/4 of said Section 21 a distance of 706.85 feet; THENCE South 02°00'17" West a distance of 215.01 to the South line of Parcel I of said Reception No. 2000046005 and the POINT OF TERMINATION of said corrected sanitary sewer easement centerline. Said point bears North 88'40'07" West a distance of 259.34 feet from the Southeast corner of Parcel I of Reception No. 2000046005. It is the intent of this description that the sidelines of the described easement be prolonged or shortened to begin on the West line of Parcel II of Reception No. 2000046005, and terminate on the South line of Parcel I of said Reception No. 2000046005. Said sanitary sewer easement contains 27,656 Sq. Ft. or 0. 635 Acres, more or less (±), and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Steven A. Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. Steven A. Lund—on behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 PROPERTY DESCRIPTION Exhibit B Page 1 of 2 Sanitary Sewer Easement Vacation A parcel of land, which is a portion of a 30.00 foot wide sanitary sewer easement as was previously granted April 19, 1973 in Book 1550, Page 118 of the Records of Larimer County, being located in the Northwest Quarter (NW1/4) of Section Twenty-one (21), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6' P.M.), County of Larimer, State of Colorado, and which is hereby vacated. Said portion of vacated 30.00 foot wide sanitary sewer easement is more particularly described as follows: All that portion of the 30.00 foot wide sanitary sewer easement as granted in Book 1550, Page 118 of the Records of Larimer County, being within the NW 1/4 of said Section 21 and which is situate within Parcel 1 and Parcel 2 as described in Reception No. 2000046005 of the Records of Larimer County. PROPERTY DESCRIPTION Exhibit B Page 2 of 2 Sanitary Sewer Easement Vacation A parcel of land, which is a portion of a 30.00 foot wide sanitary sewer easement as was previously granted April 19, 1973 in Book 1550, Page 118 of the Records of Larimer County and is situate in those parcels of land as described in Reception No. 88054464 and Reception No. 99062251 of the Records of Larimer County, being located in the Southeast Quarter (SEI/4) of Section Seventeen (17), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6`h P.M.), County of Larimer, State of Colorado, and which is hereby vacated. Said portion of vacated 30.00 foot wide sanitary sewer easement is more particularly described as follows: All that portion of the 30.00 foot wide sanitary sewer easement as granted in Book 1550, Page 118 of the Records of Larimer County, being within the SEI/4 of said Section 17 and which is lying Southerly of a line parallel with and 46.00 feet Northerly of, as measured at a right angle to, the South line of the SEI/4 of said Section 17.