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HomeMy WebLinkAbout012 - 02/06/2007 - AUTHORIZING THE CITY MANAGER TO CONVEY A PERMANENT NON-EXCLUSIVE EASEMENT OVER A PORTION OF THE EAGL ORDINANCE NO. 012, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO CONVEY A PERMANENT NON- EXCLUSIVE EASEMENT OVER A PORTION OF THE EAGLE VIEW NATURAL AREA FOR INUNDATION BY A RESERVOIR WHEREAS, the City of Fort Collins is the owner of a certain parcel of real property located in unincorporated Larimer County known as Eagle View Natural Area (the"Natural Area"); and WHEREAS, John Jensen (the "Applicant") owns property contiguous to and east of the Natural Area; and WHEREAS, the Applicant desires to augment a reservoir located on the Applicant's property in a manner that would inundate an area of the Natural Area up to 7,209 square feet in size when the reservoir is at its high water mark; and WHEREAS, the Applicant seeks to acquire a non-exclusive reservoir inundation easement over, under and across the Natural Area (the "Easement"), as described in Exhibit "A", attached hereto in order to document the City's permission for the inundation of the Easement area by the proposed reservoir; and WHEREAS, the Applicant has agreed to pay compensation of $500 to the City for the Easement, and has agreed to pay $500 for administrative costs associated with the Easement; and WHEREAS, based on review of this request by City staff, it has been determined that granting the Easement will not have any adverse effect on the Natural Area; 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 will be for the benefit of the City's citizens and 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 Easement, 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. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Easement to John Jensen, 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 in the best interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2007, and to be presented for final passage on the 6th day of February, A.D. 2007. Mayo ATTEST: City Clerk Passed and adopted on final reading on the 6th of February, A.D. 2007. Mayor ATTEST: City Clerk Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION EASEMENT i A PORTION OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 10, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, BEING MONUMENTED AT THE NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 31169" AND AT THE SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED "LS 31169", IS ASSUMED TO BEAR NORTH 00018'03" EAST, WITH A DISTANCE OF 2649.68 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE CENTER WEST 1/16 CORNER OF SECTION 10, TOWNSHIP 6 NORTH,RANGE 68 WEST; THENCE N00'l8'03"E, ON THE EAST LINE OF THE WEST ONE-HALF OF SAID NORTHWEST ONE-QUARTER, A DISTANCE OF 394.84 FEET TO THE POINT OF BEGINNING; THENCE N79°15'42"W, A DISTANCE OF 87.64 FEET; THENCE N58°16'43"W, A DISTANCE OF 58.25 FEET; THENCE N51°52'48"E, A DISTANCE OF 36.64 FEET; THENCE N86°27'50"E,A DISTANCE OF 107.42 FEET, TO THE AFORESAID EAST LINE; THENCE S00018'03"W ON SAID EAST LINE,A DISTANCE OF 76.20 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 7,209 SQUARE FEET I DAVID P. ROBERTS A REGISTERED PROFESSIONAL LAND SURVEYOR ON THE STATE OF COLORADO DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS GE,INFORMATION, AND BELIEF,ARE CORRECT. P N. �y sFno DAVID P. RO •9y.ROF AL LAND SURVEYOR COLORAI L ' FOR AND ON BE NGINEERING LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFYEASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITYFOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH ANATTORNEY. Exhibit "A" Page 2 of 2 I W Xs COR. SEC. 10 & 3, T6N, R68W FOUND NO. 6 REBAR W/ 2Yz" ALUM. CAP - LS 31169 I II 4 i 20' TRAIL ESM T. I PER PLAT PROPERTY LNE OF LOT 2 ro JENSEN SUBDIVISION el � I 0 ti rn z a_ N N Q W Z p� m^ LOT 2 BROWN MLD 5'-60-89 X'I JENSEN SUBDIVISION 3 Zm W Z J H 41 WI N86'27'50"E 107.42 o �a51.y/ �TSB j EASEMENT/M SB SJNk j�� 2975,42" 87.g4 1A POINT OF BEGINNING J � m m CO SEC. 10, T6N, R68W FC " FOUNN D N0. 6 REBAR W/ 2Xt" ALUM. CAP - LS 31169 POINT OF COMMENCEMENT 50' 25' 0 50' SCALE: 1" = 50' EASEMENT ISLAND LAKE MARINE JOB NO. APRIL 13, 2004 SHEET 1 OF 1 NOTE: THIS DRA`MNG DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY I'R ENGINEERING INTENDED TO DEPICT THE ATTACHED LEGAL A�� DESCRIPTION ME"%V�R d9"nm kd Qk%W eft