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HomeMy WebLinkAbout058 - 06/07/2005 - AUTHORIZING THE CONVEYANCE OF AN EASEMENT FOR A PEDESTRIAN BRIDGE FOR OPERA GARDENS LOFTS ORDINANCE NO. 058, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EASEMENT FOR A PEDESTRIAN BRIDGE FOR OPERA GARDENS LOFTS WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of certain property known as the Civic Center Parking Structure (the "Parking Structure") as well as the alley property between the Parking Structure and the Opera Galleria building; and WHEREAS, a minor amendment to add two additional levels to the Opera Galleria building for private residential units, called the Opera Gardens Lofts (the "Lofts"), has been approved subject to the grant of rights needed to construct a pedestrian bridge from the new portions of the Opera Galleria, across the alley, and attaching to the Parking Structure; and WHEREAS, the developer of the Lofts (the "Developer") has requested that the City grant an easement for the proposed pedestrian bridge (the "Easement"), which will be for private use only, on and over that area more particularly described on Exhibits "A" and 'B", attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, City staff has negotiated easement terms to provide for the Easement for a period of up to 99 years, subject to termination by the City after the first 31 years, together with additional terms, conditions and requirements, as shown in the Easement Agreement, a copy of which, dated May 13, 2005, is on file in the office of the City Clerk and available for public inspection; and WHEREAS, the required compensation for the Easement, based on land value, the loss of one parking space in the Parking Structure and the cost of reconfiguring parking spaces is $26,000; and WHEREAS, City staff has reviewed the proposed Easement and does not anticipate that the conveyance of the Easement will result in any adverse impacts to the City or will interfere with the City's operation of the Parking Structure or the alley; and WHEREAS, the City has previously requested and negotiated with the owner of the Opera Galleria (the "Owner") the granting of a separate easement to the City for the existing City-owned pedestrian bridge that crosses the alley from the Parking Structure to the second level of the Opera Galleria building, and City staff has recommended that the Council condition the authorization of the proposed Easement upon the Owner's execution of this separate easement to the City; and WHEREAS, in 1998 in connection with the issuance of Lease Certificates of Participation for the Civic Center Facilities, the Parking Structure was leased to Fort Collins Capital Leasing Corporation ("FCCLC"), and the Bank of Cherry Creek, N.A. (the "Bank"), acquired a security interest in FCCLC's leasehold interest, and as a result of these arrangements, the consent of FCCLC and the Bank is required in order for the City to convey the Easement to the Developer; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property owned by the will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the conveyance of the Easement consistent with the terms of this Ordinance will be for the benefit of the City's citizens, and further finds that it will be in the best interests of the City of Fort Collins. Section 2. That contingent upon the consent of FCCLC and the Bank, and further contingent upon the Owner's execution of a satisfactory easement for the City's existing pedestrian bridge between the Parking Structure and the Opera Galleria, the Mayor is hereby authorized to execute the Easement Agreement and such documents of conveyance as are necessary for the City to convey the Easement for the Opera Gardens Lofts pedestrian bridge, consistent with the terms of this Ordinance, together with such additional terms and conditions or modifications as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2005, and to be presented for final passage on e th day of June, A.D. 5. Ma ATTEST: - 40w�. City Clerk Passed and adopted on final reading on the 7th 4May e, A ATTEST: i�,-UL .:� .. ., L City Clerk EXHIBIT "A" EXHIBIT "A" Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, Colorado 80537 (970) 669-0516 Fax: (970) 635-9775 E-mail: intermill@gwest.net PEDESTRIAN BRIDGE EASEMENT DESCRIPTION (Easement 1): Situate in a portion of Tract `A' of the Replat of Lots 24 through 39, Block 21 to the City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the South line of Lot 8 of said Block 21 as Bearing South 89°58'48" West and with the Vertical Benchmark in the City of Fort Collins, County of Larimer, State of Colorado, set vertically in the East face of the Northeast comer of the Post Plaza Building (Old Post Office), at 201 South College Street, and 0.5 meter(1.6 feet) South of the Northeast corner of the building. 2.8 meters above the sidewalk to have an elevation of 4922.21, and with all bearings and elevations contained herein relative thereto: Beginning at a point directly above the Southwest Comer of said Lot 8 at an elevation of 4948.00, said point also being on the Easterly Right of Way of a 20 foot Alley; thence along the Easterly line of said Alley and the Westerly line of Lot 8 and Lot 9 of said Block 21 North 00°00'00" West 28.49 feet at a minimum elevation of 4948.00, more or less, to a point on the Westerly line of said Lot 9; thence departing said Easterly line and the Westerly line of said Lot 9 over and across said Alley Right of Way North 90°00'00" West 20.00' at a minimum elevation of 4948.00, more or less, to a point on the Westerly Right of Way line of said Alley and the East Line of said Tract `A', said point also being the TRUE POINT OF BEGINNING of an easement for a pedestrian bridge being located at and above a minimum elevation of 4948.00 and rising vertically 22.00 feet to a maximum elevation of 4970.00; thence along the Westerly fine of said Alley and the Easterly fine of said Tract A North 00000'00" West 12.00 feet at a minimum elevation of 4948.00; thence departing said Westerly and Easterly line North 90000'00" West 6.42 feet at a minimum elevation of 4948.00, more or less, to a point on the exterior face of an existing parking garage wall; thence along said wall North 00°00'00" West 6.49 feet at a minimum elevation of 4948.00;thence departing the exterior face of said wall South 89049'43"West 0.72 feet at a minimum elevation of 4948.00, more or less, to the interior face of said wall; thence along the interior face of said wall South 00°00'00" West 8.15 feet at a minimum elevation of 4948.00, more or less; thence departing said wall and along the following (3) courses and distances all at a minimum elevation of 4948.00: North 90000'00" West 18.50 feet; South 00°06'26"East 13.00 feet; South 90000'00" East 18.50 feet, more or less, to a point on the interior face of said wall; thence along the interior face of said wall South 00°00'00" West 5.49 feet at a minimum elevation of 4948.00; thence departing the interior face of said wall North 89047'55" East 0.76 feet at a minimum elevation of 4948.00, more or less, to the exterior face of said wall; thence along the exterior face of said wall North 00°00'00" West 8.15 feet at a Page 1 of 4 C:Ua dProje 3VM CONDO LEG LS W bridge a dx EXHIBIT "A" Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, Colorado 80537 _ (970) 669-0516 Fax: (970) 635-9775 E-mail: intermill@qwest.net minimum elevation of 4948.00;thence departing said wall South 90000'00'East 6.36 feet at a minimum elevation of 4948.00, more or less, to a point on the Westerly Right of Way line of said Alley and the Easterly line of said Tract A, and the TRUE POINT OF BEGINNING. Said easement contains approximately 336.9 square feet at and above a minimum elevation of 4948.00 and lying below a maximum elevation of 4970.00 and is subject to all existing easements and/or rights of way of record. Page 2 of 4 C:\L.W PM 3\MIKAL CONDO LEO LS\5400 bride a tt EXHIBIT "A" EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate in a portion of Block 21 of the City of Fort Collins, County of Lorimer, State of Colorado is&stoner in Con.rel.d 5.0 rner1 oI00 .... F am I 1 L I Las) I I LL. as I Existing Pope swan e.ia9e ULL I I I I T 3 I Ae MINIMUM ELEV - 4942 49 T Approximate Locution Existing G Q r°p of Concrete of wau of the oPer° Gallen° t2 .....�`�.C� on P°rkin9 Q 5 �3 and 3 Story Building) O\\� Garage spot ` o A G el evaton at O 4949 J6 LV G P A R C E L 2 a� � MINIMUM ELEV = 4949.49 G ad \ PAccess arking Garaget s sue. I — 20,00 -.. , _.. Esmt. 4" Esmt 2 Q���--- alla9� � 'Esmt. 3 P A R C E L 1 MINIMUM ELE'/ - 4949.49 Print 11- - . �e ry STOP of`Exiisting Parapet f / Elevation a 4952.53 v, roxLnale Lusatian E,irom,a Carrier South Line of VVoll of 4 Level Parking Stvctuee of Lot fist Cor Lout 9 u S89'5848'W vf�Is�a'ern,.,It.meaes. 1..: t.•.:l I's Lt.;: EXHIBIT MAP SCALE: 1" = 10' TYPICAL SECTION ,,I it, 21, 2004 .Eamt3 Nat To Scale losin o rleones 1 He oe tined Im o j Eoaement] lyef __1YIDd__ f I I Notes: ., r;::;: I le,.m.E.&P.oV'Is p. see sheet z of 2 mr Additional mlnrmafon Nat mown E"I"I1•L�::EarntP i f oon.no 9umn oF^a tlerean. B. fl,ounnerta I, 2 & 3 din, for the purpose of a p,,,aidpad - 0thesf tuo n required landng fourth l v aof dd F, onh er °pP 1 p ms from the abuskin, us level °(° pork g g.. g to 0 s'm ar level o( o bind ny across - - _ an alley. �,{♦° i t „n Q`_��' C. VERTCAL BENCHMARK: • --'- -- --a-in the C tY of Fort CoPns Courly of Lor mer State of L,,arado, set vertically In the East face of the _ Nor'beaet c of the Post IBuilding (Old Post �- amuu), r 201 e5outh 0°Ile9e Sbeet, and a s -star Tract 'A' 20' Alley Lot 9 P.6 feet) scrum of the Narmcaet name °f the Row 0u iri , 2.8 metere vi the unew°Ik ;e Considered frock 3ld MC tlFvr ec"v hae °n eln.°Oor, of 4922.21 Nf LJ 'r �}1` ..,..n..,.�......nCil IEE �OFi...I.. EXHIBIT "A" EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate in a portion of Block 21 of the City of Fort Collins, County cf Larlrner, State of Colorado " I II _. I I To m II -- — — — — — it — I I.a z <ca a. Existing Pede sbion Bridge II I I T e 3 I I zi, L____J o ...., ._ 9�InA _..' '' PARCEL a �< Z MPJIIAU, ELEV 4949.49 A IT - - \Q'.9`�`e — -- - -Approximate Location Existing-- - -- -- _- G Q lap of Concrete W.11 or the Opera Golleria (2 �'•� (s5 on Pinking -� Q �3 and J Story Building) Gom9e seat as u N Access 4 . PARCEL 2 .`CA P Pk o69G9tyE le ton 6aNImUM ELEV = 49a 9.49 �a -J S Top Concre Goa va19 ap t 494996_' 14 2000. /' Easement ,�\\0t` .._ 'Esmt. Esmt 2 �I -- ---e�>s------- 0Q Cali.gv \ fl:'alo.__ -Esmt. 3 P A R C E L 1 xnlnn m o MINNUM ELEV= 4949.49 ..... .. . ..... ..I ::' '::: vllvvr I.om iruv : :: "< Top E- p of xlstin9 Parapet f Elevation - 4952.53 Approximate Lacer on Existing vq of let Comer C.t a Line of li ar 4 Level Porking Structure of Lot B Lot 9 / 559'SB'49"W non d al-srI"aaxme Affiijurl T— Ca"v r,pull lie" fa I .I ... -- T - ', EXHIBIT MAP SCALE i" = la' TYPICAL SECTION 21 2004 Not To Scale ..-Eamt3 o rn .y Ij nelgm oenoea iorT E---uL'a _T _I /I EvaemvnlJ Notes: em1••••+:::G:.U'A�..., xm+m x P"Psty Gnu<r ciatill al- a see Sleet 2 ur 2 ror pamtronal mmrmanon lot SO�wn �.. E 1 E"mt2 a �.fruNw, Ilereaa B. Latium e I 1, 2 k ] for thh lull.,. of I, pri-ts } 4 1 1e ,xidestion b'dg and resorted stipe ..,d .a'Ad �• Q. parki 9P9ara9e to pajunis pa sinter le'+el but to dultrltlbg ocrav an auoy. Y4.� I �Eiil CAL BENCHMARK Vb In am Clty of Fort llyi e. County of ue oft, Stale al c l....d. c l vx,of the m me East mce or I(O _ he Ill sl c at the Past Plap.Street Bandlnq (Old Post "- OrM1ce), t 201 a5ouln College Street. and 05 meter 2" ell fey(eef) s—in or me Normeosr c re or ,,a tract 'A' F 0 Wey Lot 9 b:dmioq, 2.9 meters above the sidewolk rm considered swaµsaNvepaFMecYv bare an elemllon or 4922-21 SHEET ►� OF _ EXHIBIT "B" Intermill Land Surveying EXHIBIT "B" 1301 N. Cleveland Ave. Loveland, Colorado 80537 (970) 669-0516 �\ Fax: (970) 635-9775 E-mail: intermill@qwest.net PRIVATE PEDESTRIAN BRIDGE EASEMENT DESCRIPTION (Easement 2): Situate in a portion of Block 21 of the City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the South line of Lot 8 of Said Block 21 as Bearing South 89°58'48" West and with the Vertical Benchmark in the City of Fort Collins, County of Larimer, State of Colorado, set vertically in the East face of the Northeast corner of the Post Plaza Building (Old Post Office), at 201 South College Street, and 0.5 meter (1.6 feet) South of the Northeast corner of the building. 2.8 meters above the sidewalk to have an elevation of 4922.21, and with all bearings and elevations contained herein relative thereto: Beginning at a point directly above the Southwest Corner of said Lot 8 at an elevation of 4949.49, said point also being on the Easterly Right of Way of a 20 foot Alley; thence along the Easterly line of said Alley and the Westerly line of Lot 8 and Lot 9 of said block 21 North 00°00'00" West 28.49 feet at a minimum elevation of 4949.49 to the TRUE POINT OF BEGINNING of an easement for a pedestrian bridge being located at and above a minimum elevation of 4949.49 and rising vertically 20.51 feet to a maximum elevation of 4970.00; thence departing said Westerly and Easterly lines over and across said Alley Right of Way North 90°00'00" West 20.00' at a minimum elevation of 4949.49, more or less, to a point on the Westerly Right of Way line of said Alley and the Easterly line of Tract `A' of the Replat of Lots 24 through 39, Block 21 to the City of Fort Collins; thence along the Westerly line of said Alley and the Easterly line of said Tract A North 00000'00" West 12.00 feet at a minimum elevation of 4949.49; thence departing said Westerly and Easterly lines over and across said Alley Right of Way South 90000'00" East 20.00 feet at a minimum elevation of 4949.49, more or less, to a point on the Easterly Right of Way line of said Alley and the Westerly line of said Lot 9; thence along said Easterly and Westerly lines South 00°00'00" East 12.00 feet at an minimum elevation of 4949.49 to the TRUE POINT OF BEGINNING. Said easement contains approximately 240.0 square feet at and above a minimum elevation of 4949.49 and lying below a maximum elevation of 4970.00 and is subject to all existing easements and/or rights of way of record. Page 1 of 3 C:\land Ngeq 3WI1 LCONDO LEGALS\34M bridge cmtd EXHIBIT "B" EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate in a portion of Block 21 of the City of Fort Collins, County of Lorimer, State of Colorado S89'49 43'W Q �0.72 TRUE POINT OF 3 N00'00'00"W BEGINNING of Pedestrian to �.6.49' Bridge Easement at min. ti `° o elev. of 4948 to o l✓ll L—6 42' max. m % elev. of 4970 H9Qoo.2G..W-- Lit 9 jon o oio /Easement 2 olm Easement 1 ol`d/ olm it r N90 oo'o0"w ^r—Easement3 ... Irn 'a.00 L_ S90'00'00"E Ls 0'00 00 W _J 18.50--_11 6.36' J N00'0O'00"W o S00'00'00"W / �� 8.15 o 5,49' ' o �IN 89'47 55"E i Lit 0.7fi 20' :Alley as ��� All I 20,00 y Southwest Corner olo Easement 2 olN C% or Lot 8 t South Line of lot 8 o " o� S89'SB'48"W--- Zl OBI U001'r14 yr'_ tIJ Last 9 Nail & Shiner in 20.00' _ Concrete at 5.0' offset N from True Corner, TRUE POINT OF Elevation = 4910.15 -- BEGINNING of Pedestrian 'plo Bridge Easement at SCALE: I" 10' 6 min. elev. of 4949.49 = to ri wilily. of 4970.0 e F List 6 South Line of Lot 8 Southwest Corner o(---% Sa9'S8'4B"W Lot 8 Nail & Shiner in —— ---'------ 190.00.01 Concrete al 5.0' offset—' 7.00' from True Corner, o° 3r 1;b Easement .3 Elevation = 4910.15 3 Easement 2 a 0l- 00 0 SCALE: 1" = 10' tIJ rro olq of--� of lC Al Lot Notes: TRUE POINT OF BEGINNING for Access 159000'00"W A. See sheet I of 2 for Additional Information Not Shawn Easement at min. Hereon. Elevation of 4949.49 aim 7.00' _ B. Easements 1, 2 & 3 a e for the purpose of o private pedestrian bridge and real lancing, stairs and I 2,f`.2' Alley glr Lot P atner opnorarus spannln9 f— the fourth level of ara parking garage to u similar level of a holding across on are, Southwest Corner — via L. is City BENCHMARK of Lot 8 In am Cty of Fort Collins County of Lorimer. Slate of South Llne 0( LOt 8 Ni Northeast set verl cony'n the East face of the __ Offii et tumor or me pant Stan Budding (Old(old arse Coil re Shiner in I•I 889'S8'48"W Olrce) t 2m South College Street.d and 0.5 meter ConcreteTrue at 50'me offset ._.` - auI leer) South of the Northeast —I er of the From True Corner, \V1 have an elevation meter 4922bove the ame.ou aeon.deed Elevation = 4910.15 have an elewtipn of 4922.21 SCALE: 1" = IO' EXHIBIT MAP i SCALE: 1" = 10' Jane 21, 2004 SHEET J. OF pupal" EXHIBIT "Be EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate in a portion of Block 21 of the City of Fort Collins, County of Lorimer, State of Colorado S89'49'43"W G( r 0.72' I TRUE POINT OF 3 N00'00'00"W BEGINNING of Pedestrian o_ 649, !-Bridge Easement at min. `oI N90'00'00"w etev. of 4948 to max.„ o� ✓ � Iof 4970 _1+ -- -----� _N318.50'00'-W--J 31 0 Lot .5 0 0l8 /Easement w o Easement 1 ofry o Im z1 Neono'a0 ^t- Easement 3 In; 2 _ 50000_E —S O'00'00'W ,00 __ L r— -- -�I It L 90 18.SD -11 6,36' 11 500'00'00'5.49W NOO-00'00°W o - - - - B.15' Lot 9 N 59'47'55"E EI ��� Alley 0,76I 20' Alley i I �� S90'00'00"E f ---zo-ao--- 1 olc c('c I Southwest Corner of Lot 8 oio Easement 2 oylN Cl) I I South Line of Lot 8 Z --NCO DO'-V �T -911 J ®Q � Concrete eat Corner, TRUE se __ �, ol^ 01� I 589'58'48"w Shin in from TRUE POINT OF BEGINNING of Pedestrian 'plo Bridge Easement at ori or SCALE: 1" 10' min. elev. of 4949.49 of Lot to max. elev. of 4970.0 South Line of Lot-8 Southwest Corner of-_%' S89'58'48°W Lot 8 And & Shiner in / --+- N90-00'00"E Concrete at 5.0' offset 7.00' from True Corner. ;I--- - Easement 3 Eleva!mn = 4910.15 Easement 2 81- 10 SCALE: 1" = 70' l$J oo afc oIC -Fr - f10 Lot 9 POINT Notes:A. BEGINNING Sheet 1 of 2 for additional Information Not Shown BEVNNIING fement t4O949for cess m \S90'7000'00"W - - -- hereon. i o' 9. Easements 1. 2 m 3 ore for me Purpose of a private 0:- peaeaman bdege and mgwred lording, amo-a and 2(r}' A9b' Ca Lot 8other apparatus aponnim, from the burin lewl of parking garage to a similar level of a building acro I r an allay. Southwest Corne ?r of Lot 8 C. In th CAL y of Fort Co In the City of Fort 11,i s County of La' State f South Line of Lots eamrnri set mrl cony'n the East mw f v _ - ' __ rvoru Bart corner of me poet woes Bala' .(oat a Nail & Shiner in 589'S8'48"W (0,C 'eficel, t South So' t College Street and f t t r Concrete at 5,0'Carrier, offset - tte fe') soma ar me Northeast name f m from True Corner, build ng 2.0 meter ewe the idawolk Ir conaldered Elevation = 4910.15 nave on elevation of 4922,21 SCALE: 1" = 10' EXHIBIT MAP i SCALE: 1" = 10' dine 21, 2U04 SHEET.3 aF