Loading...
HomeMy WebLinkAbout185 - 12/07/2004 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A 22-FOOT WID ORDINANCE NO. 185, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A TWENTY-TWO FOOT WIDE DRAINAGE CHANNEL FOR THE REDEEMER LUTHERAN CHURCH OF FORT COLLINS ON A PORTION OF THE FOSSIL CREEK RESERVOIR REGIONAL OPEN SPACE WHEREAS, the City of Fort Collins and Latimer County jointly own certain parcels of real property located in Larimer County, Colorado, known as the Fossil Creek Reservoir Regional Open Space (the "Natural Area"); and WHEREAS, the Redeemer Lutheran Church of Fort Collins (the "Church") must provide a drainage channel to function as an outlet structure for a required detention pond located on the Redeemer Lutheran Church development site as part of its development proposal; and WHEREAS, in order to install the drainage channel, the Church has requested a 25-foot wide permanent easement and a 45-foot wide temporary construction easement over portions of the Natural Area, as described respectively in Exhibits "A" and `B", attached hereto and incorporated herein by this reference (the "Permanent Easement' and the "Temporary Construction Easement'); and WHEREAS, the Church has worked with City staff to coordinate the location of the proposed channel with plans for the future widening of Carpenter Road and to minimize disturbance to the Natural Area; and WHEREAS, City staff has negotiated with the Church a Temporary Construction Easement Agreement, a draft of which, dated October 26, 2004, is on file in the office of the City Clerk and available for public inspection (the "Temporary Easement Agreement'), and which includes specific conditions governing the timing and extent of construction activities, and site reclamation requirements; and WHEREAS, City staff has negotiated with the Church a Permanent Easement Agreement, a draft of which, dated October 26, 2004, is on file in the office of the City Clerk and available for public inspection (the "Permanent Easement Agreement'), and which includes specific conditions governing the operation, maintenance, and repair of the proposed drainage channel; and WHEREAS, in exchange for the grant of the Temporary Construction Easement and Permanent Easement, the Church has agreed to pay to the City the fair market value of such easements, which value has been determined to be $2,512; and WHEREAS, the Church has agreed to regrade and reseed the areas impacted by construction in accordance with City specifications and to pay to the City its costs for long-term revegetation management of impacted areas, and for administrative costs to the City associated with the processing and oversight of the easements, which have been determined to be $2,872; and WHEREAS, staff recommends approval of the Temporary Construction Easement and the Permanent Easement in view of the resource protection measures to which the Church has agreed; and WHEREAS, on November 3, 2004, the Natural Resources Advisory Board considered the proposed easements and recommended that the Council authorize the conveyance of them; 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 owned by the City 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 the Temporary Construction Easement and the Permanent Easement, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Temporary Easement Agreement and the Permanent Easement Agreement, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 16th day of November, A.D. 2004, and to be presented for final passage on the 7th day of December, A.D. 2004. Mayor ATTEST: k� )� - "�-1 City Clerk O Passed and adopted on final reading this 7th day of December, A.D. 2004. M yor ATTEST: City Clerk EXHIBIT A REDEEMER LUTHERAN CHURCH DRAINAGE EASEMENT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S00°20'24"W, (ENDS OF SAID LINES MONUMENTED AS SHOWN ON THE AMENDED PLAT OF LOTS 1 AND 2 OF BIGHORN RIDGE, RECEPTION NO. 20040033276)WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID EAST LINE OF THE NORTHEAST QUARTER, S00020'24"W, 30.01 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF CARPENTER ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, S89°16'07"W, 656.25 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE AFOREMENTIONED RIGHT-OF-WAY LINE, S82019'49"E, 36.38 FEET; THENCE S46036'53"E, 130.14 FEET; THENCE S36045'03"E, 571.31 FEET; THENCE S53014'57"W, 25.00 FEET; THENCE N36045'03"W, 569.15 FEET; THENCE N46036'53"W, 119.93 FEET; THENCE N82019'49"W, 77.89 FEET; THENCE N07°40'11"E, 17.68 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF CARPENTER ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, N89°16'07"E, 50.11 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.44 ACRES (19,248 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. K:\1006\LEGALS\DPAIN_LEGAL_DESC.doc Page t of 2 Created on August 25,2004 3 2 cc D U P i = Z ry W o U LLI �31 co o N ZW Fs = a � Q = W W ^ z ` m XJQ o 0 m LLI Z W Q W Z� m � = Q ? Q j ? W O = C = 0 E5 ^ p0Q21 (soN18v3e do sisve) o \� 6l 4vOa 11Nn0o (aoo 9l/l N Ol 00 3N) ,£l LZ£l M„bZ,OZ.00S 1,0 �41r 10all p e w n I be z 5IN 5� �p0;,% V i c� O ��0 �5° rya i Q m LU CD lo WIgAI �� �^J6 Q i� _i -J�- o N / j, �o� Jl� ol z' OI i J fF r7m J M ^ N (] n :r z V W N r Ol Q, Qm i Wd 44:00:80 VOOZ/gZ/80 'lapoW 'Bmp•l!q!gxa lwse\6mp\g006\:N EXHIBIT B REDEEMER LUTHERAN CHURCH TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S00°20'24"W, (ENDS OF SAID LINES MONUMENTED AS SHOWN ON THE AMENDED PLAT OF LOTS 1 AND 2 OF BIGHORN RIDGE, RECEPTION NO. 20040033276)WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID EAST LINE OF THE NORTHEAST QUARTER, S00020'24"W, 30.01 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF CARPENTER ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, S89°16'07"W, 611.38 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING THE AFOREMENTIONED RIGHT-OF-WAY LINE, S46036'53"E, 128.33 FEET; THENCE S36045'03"E, 572.17 FEET; THENCE S53014'57"W, 45.00 FEET; THENCE N36°45'03"W, 568.29 FEET; THENCE N46036'53"W, 115.85 FEET; THENCE N82019'49"W, 74.67 FEET; THENCE N07040'11"E, 27.68 FEE TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF CARPENTER ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE, N89°16'07"E, 94.98 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.78 ACRES (34,006 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. K:\l006\LEGALS\TCE_LEGAL_DESC.doc Page 1 of 2 Created OD August 25,2004 x U � N Q CO W Z Z J O n U F- mCC M W O h Jm mZ� 2 m W a W eW o � _ � x Z Cl) Wb � UJ � 2m � s W I— OU W � O � OQcV V � h OQQ � (SON[dV39 d0 SISVB) ' ? � ;4AiNnoo (?J00 91�1 N 01 2100 3N) ,2CLZ2L M„bZ,OZ.00S i I IQ,., w r> `�� Z Z I gl m �� QpGJ / / P w O O N 5 w as a h6 �,�. /� 1� J ol wm z o w w w M rn m ^ Wmom h 0 z Z Zzlz L 'I l Q m INd t7V170:Z0 1700Z/SZ/80 'lapoW '6mp,ilglyxa iwsa\6mp\9006\N