The URL can be used to link to this page

Home My WebLink About147 - 12/20/2005 - AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE SPRIN ORDINANCE NO. 147 , 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE SPRING CREEK RANCH LLC DEVELOPMENT PROJECT WHEREAS, the City of Fort Collins, Colorado(the"City") is the owner of a certain parcel of real property located in Fort Collins, Colorado,recorded at Reception Number 86039031 in the records of the Larimer County Clerk and Recorder(the "Property"); and WHEREAS, Spring Creek Ranch LLC is developing an 11 acre parcel for a condominium project (the"Project") west of the Property; and WHEREAS, in order to provide a necessary emergency access route to the Project, Spring Creek Ranch LLC wishes to acquire a nonexclusive access easement, as described in Exhibit"A", attached hereto, on the Property; and WHEREAS, to construct and provide proper grading for the access easement, Spring Creek Ranch LLC wishes to acquire a nonexclusive temporary construction easement, as described in Exhibit`B", attached hereto, on the Property; and WHEREAS, Spring Creek Ranch LLC has agreed to pay to the City$500 for the easements, and WHEREAS, based on review of this request by staff, it has been determined that granting the easements will not have any adverse effects on the Property or the City's intended use of the Property; and WHEREAS, the Property was purchased by the City's stormwater utility for use for stormwater purposes; 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 and will be for the benefit of the citizens of the city, and that the disposition will not materially impair the viability of the stormwater utility system as a whole. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Access Easement and the Temporary Construction Easement on the Property,consistent with the terms of this Ordinance,will be for the benefit of the city's citizens and is in the best interest of the City of Fort Collins, and will not materially impair the viability of the stormwater utility system as a whole. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the easements described herein to Spring Creek Ranch,LLC upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney,determines to be necessary and in the best interest of the City and the City stormwater utility. Introduced and considered favorably on first reading and ordered published this 15th day of November, A.D. 2005, and to be presented for final pass n the 20th day of De mber, A.D. 2005. Mayor A TEST: City Clerk Passed and adopted on final reading this 20th day of December, A.D. 2005. J Mayor ATTEST: �L Y. ,". — City Clerk EXHIBIT "A" LEGAL DESCRIPTION ACCESS EASEMENT A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 27,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF LOT 8 OF THE SUBDIVISION OF A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP SEVEN NORTH OF RANGE SIXTY NINE WEST OF THE 6TH P.M., IS ASSUMED TO BEAR N89°32'45"W. BEGINNING AT THE NORTHEAST CORNER OF THAT PARCEL OF LAND AS DEEDED TO THE CITY OF FORT COLLINS BY RECEPTION NO. 86039031; THENCE S00°00'29"E, ON THE EASTERLY LINE OF SAID PARCEL,A DISTANCE OF 7.82 FEET; THENCE N78021'36"W,A DISTANCE OF 40.31 FEET,TO A POINT ON NORTHERLY LINE OF SAID PARCEL; THENCE S8903245"E, ON SAID NORTHERLY LINE,A DISTANCE OF 39.48 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 154 SQUARE FEET. I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION,AND BELIEF, ARE CORRECT. O�ypDO L/C,- O� .T. G: 3 96 i HA R R. W PLS UR ,PROFESSIONAL LAND SURVEYOR C s�ONg1 LANDS) FOR AND ON THE BEHALF OF JR ENGINEERING LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITHANATTORNEY. X:V940000.aIM941900\W"d\Legals\3941900LX5 PE.doc PAGE IOFI z7 W . z WW<�� w � o a �zzm� L, wLn Gov 0 N N I 1 ZZJ iV Zd'W m W m 1-d w N q a N w� Zoo $� OOw G azo r/ z ci UO wo 1 d wo m Ud ' wZ x z m ~ O� I Uf KN OYw Off I U ar U ¢m � V X, a d QZw � 1 aoo � I a F I U N 1 0�3 w — _ pOm E 61 t -a o-o it w ' m3¢ awe ow 3z Jozw a I I - I 13az4m f a� n a o wL 3 m a < F3 wZi 0 0 o'"z wow mzo o�x (MOtl ,Of) 0LG7,W 13mis iinH => aoO a Q m w ¢O ¢ U U wmoz W H Wt O< 0 WJW N z x 0,0n OZ O m �O Q <op� I I m�mO o\Q pz mx ZBry,z Z oZ� l wa O x W i~yI 22 y�j>FL 0 OOW O Oz aw wa O Z oa rc zxsF �I ,o O 0f0, ~ r m Z W Q Z,�z O z J u+Wewga'Lyy L040-B SOOTJ6LIOL'rvtl3d 5%l'�0'SX100fi La6L\zY@Vz31eW TZBuw.e141006LY6CWe'000OMCIX EXHIBIT "B" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF LOT 8 OF THE SUBDIVISION OF A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP SEVEN NORTH OF RANGE SIXTY NINE WEST OF THE 6TH P.M., IS ASSUMED TO BEAR N89°32'45"W. COMMENCING AT THE NORTHEAST CORNER OF THAT PARCEL OF LAND AS DEEDED TO THE CITY OF FORT COLLINS BY RECEPTION NO. 86039031; THENCE S00°00'29"E, ON THE EASTERLY LINE OF SAID PARCEL,A DISTANCE OF 7.82 FEET,TO THE POINT OF BEGINNING; THENCE S00°00'29"E, ON THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 25.24 FEET; THENCE N89032'45"W, A DISTANCE OF 60.00 FEET,TO A POINT ON WESTERLY LINE OF SAID PARCEL; THENCE N00°00'29"W, ON THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 33.06 FEET, TO A POINT ON SAID NORTHERLY LINE; THENCE S89032'45"E, ON SAID NORTHERLY LINE, A DISTANCE OF 20.51 FEET; THENCE S78021'36"E, A DISTANCE OF 40.31 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,829 SQUARE FEET. I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. yO�p,00 UCF. O r.. 963 =e o: CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYOR :•kj'J` COLORADO PLS NO. 37963 sSiONgITI... FOR AND ON THE BEHALF OF JR ENGINEERING LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH ANATTORNEY. X:\3940000.all\3941900\Word\Legals\3941900LX5 TEAd PAGE I OF I � 0 d 8� N W W C z 0 o wLJ a�� W " J WC70 W W 0 < W w (AIX ]H U V ao oUx (n w �0W N t- r W � = 1 W I Z W Z M W w Z 7 U K Z O W Z Q- w m m O W 0 N N t O O m Z�U O On z SOLL azo 0 O \ /a _ _ \ / SOO'00'2 25.2C - / W I I < 1 W yl 1) Z zn 'z �Myg P� 3I00 \n Z�0 / N CIO �m 0m wl� oz wZu 3 I Z OU n w U w C I U ,NM a� a O O N o 3 N00'00'29'W 0Z LLo m 33.06' m In U wWt � m3¢ jE ewe NZ4 WSW F WZLL owo I I 030 JOZ I t-tiF Na0 30 zNz V¢U W 2 3 NLLWZ_ 100 m ZO, (noa .or) u5[1N a zLL 133a1S ITOH a o O �w 0 W mD Z ¢W w Q m In o� o�n3 omw ow ZTO O��/?� aO Wzm w t t ?�� K O Q m m ,x O Q WNF 00 m 3¢ K O¢ I I �zz Nz tiZW Owz wF 0<x LL WW rc r O W E w 2 W 7 U Z WOa �O ODw, ZLL= Ovloa J<Z Z O O V i 3 ; y 0o Qw�o w O EOJ w z I-✓Izw¢