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HomeMy WebLinkAbout074 - 07/19/2005 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS FOR THE CONSTRUCTION OF HOME STATE BANK ON THE ORDINANCE NO. 074, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS FOR THE CONSTRUCTION OF HOME STATE BANK ON THE NORTHWEST CORNER OF RAINTREE DRIVE AND SHIELDS STREET WHEREAS, the City of Fort Collins is the owner of certain real property identified as Tract "A" of the Fort Collins Senior Center Planned Unit Development (the "City Property"); and WHEREAS, Home State Bank (the `Bank") is proposing to construct a building adjacent to the City Property, on a portion of Tract "F", Raintree Planned Unit Development (the "Bank Property"); and WHEREAS, in order to provide access to and drainage for the Bank Property, the Bank has requested a drainage easement, a 24-foot wide cross access and emergency access easement and a 30-foot wide temporary construction easement over portions of the City Property as described respectively in Exhibits "A", `B" and "C", attached hereto and incorporated herein by this reference (collectively, the "Easements"); and WHEREAS, the Bank has worked with City staff to coordinate the location of the Easements to minimize interference with the Fort Collins Senior Center; and WHEREAS, in exchange for the grant of the Easements, the Bank has agreed to pay to the City the fair market value of such Easements, which value has been determined to be $17,981.00; 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 Drainage Easement, the Cross Access and Emergency Access Easement and the Temporary Construction 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 necessary documents to convey the Easements in a manner consistent with the terms of this Ordinance 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 5th day of July, A.D. 2005, and to be presented for final passage o 19th day of July, A.D. 2005. Mayor ATTEST: )LMLI\* ,�� -�- City Clerk Passed and adopted on final reading this 19th day of July, A.D. 2005. 4Ma ATTEST: Citty��u�//C��lerk EXHIBIT "A" PROPERTY DESCRIPTION Drainage Easement Tract A of Fort Collins Senior Center P.U.D. A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Larimer County, located in the Southeast Quarter (SE I/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (6t" P.M.), City of Fort Collins, County of Latimer, State of Colorado, more particularly described by metes and bounds as follows: COMMENCING at the Northeast Corner of Tract A of the Fort Collins Senior Center P.U.D. and assuming the East line of said Tract A to bear South 00°02'57" East, a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 286.74 feet with all other bearings herein relative thereto; THENCE South 00°02'57" East along the East line of said Tract A a distance of 36.50 feet to the POINT OF BEGINNING; THENCE South 00°02'57" East continuing,along the East line of said Tract A a distance of 95.34 feet; THENCE South 79°15'17" West a distance of 31.08 feet to the East line of an existing drainage easement dedicated in the Fort Collins Senior Center P.U.D.; THENCE North 00°24'33" East along said existing drainage easement a distance of 20.39 feet; THENCE North 79°15'17" East a distance of 15.50 feet; THENCE North 00°02'57" West along a line parallel with the East line of said Tract A a distance of 38.07 feet; THENCE South 89°57'03" West a distance of 14.90 feet to the East line of an existing drainage easement dedicated in the Fort Collins Senior Center P.U.D.; THENCE North 00°24'33" East along said existing drainage easement a distance of 20.00 feet; THENCE North 89°57'03" East a distance of 14.74 feet; THENCE North 00°02'57" West along a line parallel with the East line of said Tract A a distance of 19.78 feet; THENCE North 89157'03" East a distance of I. .14 feet to the East line of said Tract A and the POINT OF BEGINNING; Said parcel of land contains 2,074 sq. ft. or 0.048 acre, more or less (±), and is subject to any rights-of-way or other easements of record or as 11 tw existing on said described parcel of land. SURVEYOR'S CER'1 v'U' VIE I, Steven A. Lund, a Colorado Registered Profess',... ' 1 I Surveyor do hereby state that this Property Description was prepared under my person,: -vision and checking, and that it is true and correct to the„}1g,�t of my knowledge and belief. , t. FxF{a4S �Lh '< _fk' - `^ r.�. Steven A. > P.pn *,,"`t f King Surveyors, Inc. Colorado R �d"�ipssional Land Surveyor#34995 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 MA2004361 MLegal&Closure)2004361©TR A DRAINAGE.doe Page I of I EXHIBIT "A-1" Drainage Easement for Tract A of ExHIBIrr SOUTHEAST QUARTER OF Fort Collins Senior Center P.U.D. 1 SECTION 22, T.7N., R.69W. POINT OF COMMENCEMENT I � ROWDED.REC. 20010SS119 I I o - - - I � N895703E n 15.14' I I 3r `ti I N I POINT OF ,�� 1'O-AP� N89'57'03"E o �` BEGINNING �P wG• C' 14.74' LZ o w 30 15 0 30 1 n ' 4 es IN o 7 00�g act M — o N 0• vi 1 "— 30' i z ° EXISTING 10' UTILITY EASEMENT S89'57'03"' 3I w 14.90' I 1-I j, I NIO O I I 01 O N79'15'17"E zI V) G 0¢ b,e1 9�°�ti4 I M `Ss�o _ OoIN579� Co 00,�09°�00° z �o__IP�G�. EXISTING 20' m 1�0 tiDRAINAGE 0 Or EASEMENT P� / m / w / io/ � cV O O 'p O O d N _ — — - - - - - - - - - - EXISTING 20' UTILITY EASEMENT TRACTT' — EXISTING 10' UTILITY EASEMF!'' IZAINTREE DRIVE S cn • " 4995'J I 1 S NO his exhibit drawing is not intended to be —Z a - rented land survey. It's sole purpose -o " GP, I of Kin Surveyors, Inc. is graphic representation to aid in the Steven 'Q. �j 9 Y vie i ition of the written property description C wh i it accompanies. The written property Land Surveyor —W3095 do tion supercedes the exhibit drawing. 1YING PROJECT NO:2004361 B 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80 i DATE: : NORT S TAR PHONE: (970) 686-5011 FAX: (970) 686 CLIENT: 04361 B—E XH WWW.KINGSURVEYORS.COM DRAWN: SK CHECKED: DRAWN: CSK CHECKED: SAL EXHIBIT "B": l PROPERTY DESCRIPTION Cross Access and Emergency Access Easement Tract A of Fort Collins Senior Center P.U.D. A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Larimer County, located in the Southeast Quarter (SE1/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (61h P.M.), City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: COMMENCING at the Southeast Corner of Tract A of the Fort Collins Senior Center P.U.D. and assuming the East line of said Tract A to bear North 00°02'57" West, a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 286.74 feet with all other bearings herein relative thereto; THENCE North 00°02'57" West along the East line of said Tract A a distance of 29.08 feet to the POINT OF BEGINNING; THENCE North 89°41'57" West a distance of 47.91 feet; THENCE South 55°51'07" West a distance of 45.83 feet; THENCE South 22029'50" East a distance of 21.21 feet to the Northerly Right of Way.(ROW) line of Raintree Drive and the Beginning Point of a Curve, said curve being non-tangent to the aforesaid course; THENCE Southwesterly along the arc of a curve concave to the Southeast a distance of 24.01 feet, said curve has a Radius of 274.00 feet, a Delta of 05'01'13" and is subtended by a Chord bearing South 67°32'21" West a distance of 24.00 feet to a point of departure from said ROW line; THENCE North 22°29'50" West a distance of 40.75 feet; THENCE North 55051'07" East a distance of 72.83 feet; THENCE South 89°41'57" East a distance of 55.20 feet to the East line of said Tract A; THENCE South 00°02'57" East along the East line of said Tract A a distance of 24.00 feet to the POINT OF BEGINNING; Said parcel of land contains 3,400 sq. fl. or 0.07 acre, more or less (±), and is subject to any rights-of-way or other easements of record or as flow existing on said descr ied parcel of land. SURVEYOR'S CERTIFICATE I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do here] 1 state that this Property Description was prepared under my personal supervision and checkinE and that it is true and correct to the best of my knowledge and belief. Steven A. —,,on behiflf,dking Surveyors, Inc. Colorado Re gdc Vf, ofe$ i nal Land Surveyor 04995"Ic KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 M:\2004361B\Legal&Closure\2004361B TR A ACCESS.doc Page 1 of I EXHIBIT "B-1" Gross Access & Emergency EXHIBIT SOUTHEAST QUARTER OF Access Easement SECTION 22, T.7N., R.69W. �. ROWDED. REC. 200105.5719 z I z3 I W m o 004 = 04Qop L04 I ° w - - - 1 - - - - - - - - Q J q I EASEMIENT F— LITY W opw I o Ld rri I > � o q vas O I I s w j tio9°��0 z d J N I G�O�P��O of m pP o N Q / / m /EXI/STING 20' 3 DRAINAGE EASEMENT in o / / z / 30 15 0 30 / S89'41'57"E 1 30' 0 NOTE: This exhibit drawing is not I / 0.078 acres a intended tc e a monumented land __ — 1 — — — — — +F, / T — —N survey. It' sole purpose is as a ,�0/ _ N89'41 57 W__ graphic re� ,esentation to aid in the visualizatir of the written property EXISTING g5/ / 47.91' P P Y 20' UTILITY �/ �j descriptio which it accompanies. EASEMENT .0' ,� The writtr n property description ��— — — — —��y$ 1uperced s the exhibit drawing. k _ _ — v � TRACTF O\NiO. ai�Nip,� Vs Z c� RAIN7Rj g DR YL �P' f jE u��'tc` . EXISTING 1O' z UTILITY EASEMENT Steven A. Lui — on behal �i�79, }fors, Inc. Colorado Regis. red Professir il Land Surveyor '34995 xfjTG' F&jy VZY0jVS jVC PROJECT N0:2004361 B DATE: 5-31-05 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80: 0 CLIENT:NORTHSTAR PHONE: (970) 686-5011 FAX: (970) 686—` ; i DWG:2004361 B—EXH WWW.KINGSURVEYORS.COM DRAWN: CSK CHECKED: SAL EXHIBIT "C" PROPERTY DESCRIPTION Temporary Construction Easement Tract A of Fort Collins Senior Center P.U.D. A portion of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Larimer County, located in the Southeast Quarter (SEI/4) of Section Twenty-two (22), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.), Sixth Principal Meridian (61h P.M.), City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: The Easterly Thirty (30.00) feet of Tract A of the Fort Collins Senior Center P.U.D. as recorded September 15, 1993 as Reception No. 93067048 of the Records of Larimer County. Said parcel of land contains 8,648 sq. ft. or 0.199 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 t OW' tof my knowledge and belief. AliS `1 �A Steven A of King Surveyors, Inc. Colorado R'gi f�iei 1 ofessional Land Surveyor#34995 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 M:\2004361 B\Legal&Closure\2004361 B TR A TEMP CONST.doe Page I of I tAHLBt 1 %-1- Temporary Construction Easement for EXHIBIT SOUTHEAST QUARTER OF Tract A of Fort Collins Senior Center P.U.D. SECTION 22, T.7N., R.69W. S89'35'27"E 30.00' ROWDED. REC. 2001059119 I I I z m � I I `�¢S�`woebgti9',9 Go � i I g ti0 oM w a W w 10' UTILITY m i I EASEMENT 00 F- o T- I LLIw w I I in o I I 8,648 sq.ft. 2CJ I 0.199 acres N � q < � q I J m N 90�000 U cV n0� O p 0 V /� XI Iz G / EXISTING 20' / DRAINAGE I 0 / EASEMENT / I / I I I I 30 15 0 30 I 1 "= 30' NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose r — — — — is as a graphic representation to aid in the I I visualization of the written property description EXISTING 20' I which it accompanies. The written property UTILITY EASEMENT I description supercedes the exhibit drawing. C1 TRACTF i EXISTING 10' UTILITY EASEMENT RAINTREE DRIVE ILI Steven A. Lun or behalfih ' Surveyors, Inc. Colorado Regis P . 'Professional' Land Surveyor �5, ��� A1ZV6! S'URYE'YORS, INC. PROJECT N0:2004361 B 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 5-31 -05 STAR PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2CLIENT: 4361 B-EXH WWW.KINGSURVEYORS.COM DRAWN: SK CHECKED: DRAWN: CSK CHECKED: SAL