HomeMy WebLinkAbout183 - 12/07/1999 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF OFFSITE WATER ORDINANCE NO. 183, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
NON-EXCLUSIVE EASEMENT INTERESTS FOR
THE CONSTRUCTION OF OFFSITE WATER AND SEWER LINES
RELATED TO THE HARMONY RIDGE P.U.D. IN
THE CATHY FROMME PRAIRIE NATURAL AREA
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located in Larimer County, Colorado, known as the Cathy Fromme Prairie Natural Area ("the
Natural Area"); and
WHEREAS,as a result of changes in plans and circumstances since the original approval of
the Harmony Ridge P.U.D. (the"P.U.D."),modifications to the locations of various sewer and water
lines have been determined to be desirable by City staff, the developer of the P.U.D. (the
"Developer")and the utilities involved,the South Fort Collins Water District(the "Water District")
and the South Fort Collins Sanitation District(the "Sanitation District"); and
WHEREAS, in order to accomplish the modifications described above, new easements,
including temporary construction easements, will be required from the City, to replace, modify or
add to existing easements that have previously been granted; and
WHEREAS,in order to install a new 10-inch sewer line for the P.U.D.to replace an existing
8-inch line, the Sanitation District will require: (a) a non-exclusive easement under and through a
portion of the Natural Area described on Exhibit "A", attached hereto and incorporated herein by
this reference for the construction and maintenance of that sewer line("New Sewer Line Easement
1");(b)a 20 foot wide temporary construction easement more particularly described on Exhibit"B",
attached hereto and incorporated herein by this reference, along that Easement for construction
purposes("Temporary Construction Easement 1"); and(c)permission to use for construction of the
new sewer line the area of the easement previously granted for the existing sewer line and recorded
on January 29, 1997, in the real property records of the Larimer County Clerk and Recorder at
Reception No.97006001 ("Existing Easement 1")• and
WHEREAS, in exchange for the grant of New Sewer Line Easement 1 and Temporary
Construction Easement 1,the Sanitation District has agreed to vacate Existing Easement 1,upon the
sooner of completion of the construction or May 30, 2000, and has agreed to pay the fair market
value of Temporary Construction Easement 1; and
WHEREAS,in order to adjust an easement that was granted to the Sanitation District for the
P.U.D. to reflect more current design plans, City staff has proposed that the City grant a new non-
exclusive easement under and through a portion of the Natural Area described on Exhibit "C",
attached hereto and incorporated herein by this reference, for the construction and maintenance of
that sewer line("New Sewer Line Easement 2"),and also dedicate as a public drainage easement that
area described on Exhibit"C"(the"Public Drainage Easement"),in exchange for the vacation of that
certain portion of the easement previously granted to the Sanitation District for a sewer line on
January 27, 1997,described as "EASEMENT 4" on Exhibit"A" thereto, and recorded on February
5, 1997, in the real property records of the Larimer County Clerk and Recorder at Reception No.
97007771 ("Existing Easement 2"); and
WHEREAS,in order to allow for the adjustment of a previously planned sewer line to reduce
impacts and simplify the construction of the line,the Sanitation District will require a non-exclusive
easement under and through a portion of the Natural Area described on Exhibit"D",attached hereto
and incorporated herein by this reference for the construction and maintenance of that sewer line
("New Sewer Line Easement 3"), and a 20 foot wide temporary construction easement more
particularly described on Exhibit "E", attached hereto and incorporated herein by this reference,
along that Easement for construction purposes("Temporary Construction Easement 2"),in addition
to the easement previously reserved in the warranty deed to the City for this portion of the Natural
Area, and recorded on January 29, 1997, in the real property records of the Larimer County Clerk
and Recorder at Reception No. 97006003 ("Existing Easement 3")• and
WHEREAS, City staff has recommended that no compensation be required for the grant of
New Sewer Line Easement 3 and Temporary Construction Easement 2, because the change in the
sewer line plan will reduce the impacts on the Natural Area from the prior plan, and thus will be
beneficial to the City; and
WHEREAS, in order to allow for the adjustment of a previously planned water line so that
the water line is not under the City's parking lot for the Natural Area,the Water District will require
a non-exclusive easement under and through a portion of the Natural Area described on Exhibit"F",
attached hereto and incorporated herein by this reference for the construction and maintenance of
that water line (the "New Water Line Easement"), and a 20 foot wide temporary construction
easement more particularly described on Exhibit"G",attached hereto and incorporated herein by this
reference, along that Easement for construction purposes("Temporary Construction Easement 3")
and
WHEREAS, in exchange for the grant of the New Water Line Easement,the Water District
has agreed to vacate that portion of that certain easement previously granted by the City for the water
line and recorded on February 5, 1997,in the real property records of the Larimer County Clerk and
Recorder at Reception No. 97007770 consisting of the easterly 386.24 feet along Harmony Road
("Existing Easement 4"), and City staff has recommended that no compensation be required for the
grant of Temporary Construction Easement 3,because the change in the water line plan will reduce
the impacts on the Natural Area from the prior plan, and thus will be beneficial to the City; 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 ofNew Sewer Line Easement 1,Temporary Construction
Easement 1, New Sewer Line Easement 2, the Public Drainage Easement, New Sewer Line
Easement 3, Temporary Construction Easement 2, the New Water Line Easement and Temporary
Construction Easement 3,under the terms and conditions set forth above, are in the best interest of
the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey to the Sanitation District New Sewer Line Easement 1,Temporary Construction
Easement 1, New Sewer Line Easement 2, New Sewer Line Easement 3, and Temporary
Construction Easement 2, consistent with the terms and conditions described above.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey to the Water District the New Water Line Easement and Temporary
Construction Easement 3, consistent with the terms and conditions described above.
Section 4. That the Mayor is hereby authorized to execute a deed of dedication of the
Public Drainage Easement, consistent with the terms and conditions described above.
Section 5. That the Council hereby consents to the use by the Sanitation District and its
assignees,for construction of the new sewer line as referenced above,the area of Existing Easement
1.
Introduced, considered favorably on first reading, and ordered publishedthis 16th day of
November,A.D. 1999,and to be presented for final passage on the 7th day "cember, A.D. JA99.
Mayor
ATTEST:
1
City Clerk
Passed and adopted on final reading this 7th day of December, A.D. 1999.
Mayor
ATTEST:
AW,L)�Cv- -
City Clerk
N 1/4 COR. SEC. 3,T&I R69W
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N00'02 49 E ME RIDOEIPUD. EXHIBIT "A"
(BASIS OF BEARINGS)
C 1/4 COR. SEC. 3T6N, R69W -------
POINT OF COMMENCEMENT
POINT OF BEGINNING
I I
III
S70 04 264E
1779.08'
II
�II
I I LS�lI7/D��7 OF 20' SEWER EA SEMEN 0
I I
-�1 1
1 1
yll
LEGAL DESCRIP71ON 1 1
v 1 I
,J)11
A twenty foot wide sanitary sewer easement 1 1 p11
situated in the southeast 1/4 of Section 3, m 1 1
Township 6 North, Range 68 West of the 6th 1 1
RM.; City of Fort Col/ins, County of Lorimer, �11 11
State of Colorado, the centerline of sold o 1 1
easement being more particularly described as 11 11 ������®
follows. 1 1
1 1 Commencing of the Center 1/4 corner of said (CCCATHr FROMME PRAIRIE)
1 1
Section 3and considering the West line of the 11 �1
Northeast quarter of said Section 3 to bear 1
N00 02'491E with oll other bearings contained 11 11
herein relative thereto,-
Thence S70'04260E, 1779.08 feet to an 1 11
w 1 1
existing son/tart' sewer manhole, said point d x 1
also being the point of beginning. 11 11
Thence ten feet on either side of the following c+ll 11
described centerline of said easement. c�,11 11
S02'13531U, 323.06 feet; 1 1
Thence S11'05'14"E, 407.58 feet, a, 1 1
1 I
Thence S122533"E, 373.86 feet; 1
Thence S5855381E, 292.98 feet*
Thence S4642271,, 375.35 feet;
Mence 54136'35"E, 386.43 feet to the end
of this description.
The point of commencement bears
N47'23 04'W, 3532.45 feet from said end of
descnpt/on. `\\
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T8T, INC.
Co uftq Engineer 1"=200'
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N 1/4 COR. SEC. 3,T6N, R69W
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ME R®DGEIP11® EXHIBIT ►►B►►
NOO'02 49 IF
MBAs/S OF BEARINGS)
C 1/4 COR. SEC. 3,T61v 1?69W —
POINT OF COMMENCEMENT
POINT OF BEGINNING
r-,
II
II
S70'04 26 4-
1779.08' FIB
hI I11
II
Nil C®NSTRC1lMON LEI SEMEENr
II
10, �t 20,
tt
Ott
LEGAL DESCRIPT/ON t
t t
t t
A twenty foot wide temporary construction tt t1
easement situated in the southeast 1/4 of m t t
Section 3 Township 6 North, Range 68 West tt
of the 6th P.M.; City of Fort Col/ins, County of +x t t
Lorimer, State of Colorado, the Easterly and t t
Westerly sides of said easement being more
particularly described as follows. °p t t / II PLA 7F®
Commencing of the Center 1/4 comer of said
Section 3and considering the West line of the 1t 1t
Northeast quarter of said Section 3 to bear t tt
N00102 49"E with ol/ other bearings contained t t
herein re/ot/ve thereto; t t
M tt t
Thence S70'04 26"E, 1779.08 feet to on w t t
t
existing sanitary sewer manhole, said point w tt tt
also being the point of beginning. m t t
tt
Sold Westerly line of said easement beginning t t
ten feet Easterly of the following described
line, and the Easterly line of said easement t tt
beginning thirty feet Eosterly of some t t
described line: t
S02'13'53'k; 323.06 feet;
Thence S11*05'14NE, 407..58 feet;
Thence S1225'33E, 373.86 feet;
Thence S58'S5a8If, 292.98 feet-
Thence 5464227E, 375.35 feet-
Thence S4IU6'35"E, 386.43 feet to the end
of this description.
The point of commencement bears `�`♦
N4723'04'W 3532.45 feet from said end of �r��♦�♦
description.
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EXHIBIT "C►►
PAGE 1 OF 2
EXHIBIT fVC11
DRAINAGE AND UM17YEASEMENr
NW CORNER SEC J M,, R69W
POINT OF COMMENCEMENT N v4 CORNER SEC. 3, T6N, R69W
Ak N89 3B 45 E
BASIS OF BEARINGS
S 8T06 03' W
os�sr�,s 40.82' N5XJ5271Y
115.10' Soufhei/j,line of the Harmony Ridge P.U.D.
334134"W
99.13'
POINT OF BEGINNING N70 23'40"W
N482729*W 146.64'
79.93 N64'46'15 N45'04 57 NW
'1i' 47 6B'
S12'45'00 E 77.28 N75'59'1I"W
138.00, 30.44'
56'1- S73'2229'W, 5J.72'
S50107561W, 38.37'
s N7254'37AW 31.00'
Rf28'5010I'E, 69.88'
UN1 PLAME® N3126 00lY 23.23'
/ Easemennaget
and recorded
/ Easement as rota%d
,y under Ree
O� /geptlon
7006;
.1y�
NLocation of previous easement �6p�6
1"=200'
ulS461001000E, 35.00'
TST, INC.
ConwtUnq Englne
927-002.VAC-EAS.DWO
EXHIBIT "C"
PAGE 2 OF 2
EXHIBIT "A" DRAINAGE AND UTILITY EASEMENT:
A TRACT OF LAND SITUATED IN THE NORTHWEST '/4 OF SECTION 3,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.; LARIMER COUNTY,
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, AND
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3 TO BEAR N89038'45"E WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO,-
THENCE S60042'56"E 1801.60 FEET TO THE POINT OF BEGINNING;
THENCE S 12045'00"E, 13 8.00 FEET;
THENCE S61026'00"E, 512.25 FEET;
THENCE S21035'00"W, 610.68 FEET;
THENCE S46000'00"E, 35.00 FEET;
THENCE N28050'15"E, 683.36 FEET,-
THENCE N32026'00"W, 23.23 FEET;
THENCE N28050'01"E, 69.88 FEET;
THENCE N72054'37"W, 31.00 FEET TO A POINT ON THE SOUTHERLY LINE OF
THE PLAT OF HARMONY RIDGE P.U.D., RECORDED UNDER RECEPTION
NUMBER 99022490 IN THE OFFICE OF LARIMER COUNTY CLERK AND
RECORDER;
THENCE THE FOLLOWING 9 COURSES ALONG THE SAID SOUTHERLY LINE
OF THE PLAT OF HARMONY RIDGE P.U.D.:
S50007'56"W, 38.37 FEET;
THENCE S73022'29"W, 53.72 FEET;
THENCE N75059'11"W, 30.44 FEET;
THENCE N45004'57"W, 47.68 FEET,-
THENCE N70023'40"W, 146.64 FEET;
THENCE N64046'15"W, 77.28 FEET;
THENCE N48027'29"W, 79.93 FEET;
THENCE N33041'34"W, 99.13 FEET,-
THENCE N53035'27"W, 115.10 FEET;
THENCE S87006'03"W, 40.82 FEET TO THE POINT OF BEGINNING,-
SAID EASEMENT CONTAINS 2832.56 SQUARE FEET MORE OR LESS.
S89 338'45"W A N 114 COR. SEC. 3,761V, R69W
NW COR. SEC. 3,T61V, R69W (BASIS OF BEARINGS) POINT OF COMMENCEMENT
EXHIBIT "D"
EXHIBIr OF UrWrY EASEMENT
LEGAL DESCRIPTION
A utility easement situated in the Northwest 114 of HARMONY�®
Section 3, Township 6 North, Range 68 West of the 6th
P.M.; City of Fort Collins, County of Lonmer, State of
Colorado, being more particularly described as follows:
Commencing at the North 114 comer of said Section 3
and considering the North line of the Northwest quarter
of said Section 3 to bear S89'3845W with oll other
bearings contained herein relative thereto;
Thence S20'40 02'W 1339.08 feet to the point of
beginning.
Thence S28'50'15'W, 33.67 feet;
Thence S63'20000E, 67.60 feet;
Thence N362600'W 74.37 feet to the point of beginning.
Said easement contains 1,1.37 square feet more or less.
0�0
N do
POINT OF BEGINNING
1"=100'
/ N362600'W
528'50'15V 74.37'
33.67' l
Drainage and/Utility Easement /
/ as recorded under Reception /
T3T, INC. / 97006003/ /
Consulting Engineers
927-002, OFF_SS.DWG / / /
S89 3845"WV A N 114 COR. SEC. 3,T6N, R69W
NW COR. SEC. 3,T5N, R69W
(BASIS OF BEAR/NGS) POINT OF COMMENCEMENT
2 /�J///� 7� EXHIBIT "Ell
l5Xtf7/IBI "E"
EXS1,81r OF 20` 21EM1P®/1RARY
CON87lRU071.OW EASEM AT
LEGAL DESCRIPTION
A twenty foot wide temporary construction easement HARMONY Palo
situated in the Northwest 114 of Section 3, Township 6
North, Range 68 West of the 6th P.M.; City of Fort
Collins, County of Lorimer, State of Colorado, being more
perticulorly described as follows.
Commencing at the North 114 corner of said Section 3,
and considering the North line of the Northwest quarter
of said Section 3 to bear S89'38451W with all other
bearings contained herein relative thereto;
Thence S20'52101 W, 1372.43 feet to the point of
beginning.
Thence 528'50'15'W 20.01 feet;
Thence S63'2000"E, 83.33 feet;
Thence N22'151001E, 12.95 feet;
Thence N36'261001W, 15.68 feet;
Thence N63'2O'OONW 67.60 feet to the point of beginning.
Said easement contains 7,596 square feet more or less.
e�
N tia
„=100,
/
/
POINT OF BEGINNING 67.600 00 Awl� \
S28'50'1514� \ / N36 W
15.68' 00 1V
2001' 8
/ �
/ S63'20 00"E" /
/ 83.33 N22'15 00 E
/ / 12.95'
/ Drainage ondlUtihty Easement l
TST, INC. / as recorded/under Reception
conwItmy ENifi / 07006003
927-002, OFF-W.DWC / /
EXHIBIT "F"-
GXNOISDr 'f F"
LEGAL DESCRIPTION
A twenty foot utility easement situated in the Northwest
N 1/4 of Section 3, Township 6 North, Range 68 West of
the 61h P.M.; City of Fort Collins, County of Lanmer,
State of Colorado, the centerline of said easement being
more particularly described as follows.-
Commencing at the Northwest corner of sold Section 3,
and considering the North line of the Northwest quarter
of said Section 3 to bear N89"3845 E with all other
becMngs contained herein relative thereto;
1"=100 Thence S1159471E, 142.94 feet to a point on the
Easterly Right of Way of Toft Hill Rood, said point also
being the point of beginning.
Thence ten feet on either side of the following described
centerline of said easement:
1 S89'38'45'W 290.01 feet;
Thence N45100001E, 128.07 feet to a point on the
southerly line of an existing twenty foot utility easement,
said point being the end of this description.
y
The sidelines of sold easement ore to be lengthened or
foreshortened as required to match the existing Right of
IJ \ Way on the West end of this description and to match
\1 the southerly line of the existing twenty foot utility
easement on the Northeaster/y end of this description.
N 1/4 COR. SEC. ,J T6N, R69W
NW COR. SEC. 3,MAI N69W
POINT OF N89 38 45 E 00 H&7)My Rd
COMMENCEMENT (4894 OF BEAR/NGSJ
W
NW T h
POINT OF BEGINNING W
J
J
60' R.O.W. N
h VLQ
TST, INC.
conuRing Engine
927-002. OFF-,SS,DWG
EXHIBIT "G"
EXHIBIT OF 20" rEMPORARr
LEGAL DESCRIP77ON
A twenty foot temporary construction easement situated in
N the Northwest 1/4 of Section 3, Township 6 North, Range
68 West of the 6th P.M.; City of Fort Collins, County of
Lani ner, State of Colorado, the Northerly and Souther/y
sides of said easement being more particularly described
as follows:
Commencing at the Northwest comer of said Section 3,
and considering the North line of the Northwest quarter
of said Section 3 to bear N69'38 45 E with a// other
bearings contained herein relative thereto;
1"=100'
Thence S1159 47"E, 142.94 feet to a point on the
Easterly Right of Way of Taft Hill Road, said point also
being the point of beginning.
Said Northerly line of said easement beginning ten feet
I southerly of the following described line, and the
Southerly line of said easement beginning thirty feet
Southerly of some described line:
589 J8 45'W 290.01 feet;
Thence N451000O1E, 128.07 feet to a point on the
• southerly line of an existing twenty foot utility easement,
"R said point being the end of this description.
The sidelines of said easement are to be lengthened or
foreshortened as required to match the existing Right of
11 Way on the West end of this description and to match
\the southerly line of the existing twenty foot utility
easement on the Northeasterly end of this description.
OR. SEC. 3 T6N R69W
N 1/4C ,
I
NW COR. SEC. J T6N, 69W
POINT OF N89'3845 E OM/71&MYO fy ld
COMMENCEMENT (BASIS OF BEARINGS)
v
POINT OF BEGINNING W
O
J
60' R.O.W0M
N(�
TST, INC.
Consulting Engimam
927-002, OFF_SS.DWC