HomeMy WebLinkAbout013 - 02/06/2007 - AUTHORIZING THE CONVEYANCE OF A PERMANENT DITCH EASEMENT ON ARAPAHO BEND NATURAL AREA FOR BOX ELDER ORDINANCE NO. 013, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A
PERMANENT DITCH EASEMENT ON ARAPAHO BEND
NATURAL AREA FOR BOX ELDER DITCH
LATERAL IN EXCHANGE FOR VACATION OF
EXISTING PRESCRIPTIVE RIGHTS
WHEREAS, the City of Fort Collins is the owner of the property known as Arapaho
Bend Natural Area, located in eastern Larimer County, between 1-25 and County Road 7 and
East Horsetooth Road and East Harmony Road (the"Natural Area"); and
WHEREAS, Flatiron Companies, LLC ("Flatiron") has requested a permanent ditch
easement (the "Ditch Easement") for Box Elder Ditch Lateral (the "Ditch") on that certain
portion of the Natural Area more particularly described on Exhibit "A", attached hereto and
incorporated herein by this reference(the"Easement Area"); and
WHEREAS, in exchange for the Ditch Easement, Flatiron has agreed to vacate an
existing prescriptive easement on the Natural Area within Arapaho Bend Natural Area for the
Ditch; and
WHEREAS, Flatiron has further agreed to reconstruct and improve the Ditch; and
WHEREAS, staff recommends that the City require no consideration for the Ditch
Easement, since the reconstruction and improvement of the Ditch on the Natural Area will
benefit the City and the Natural Area, and in light of the vacation in exchange for the Ditch
Easement; and
WHEREAS, Flatiron has agreed to restore the areas impacted by reconstruction of the
Ditch in accordance with the standard specifications and Resource Protection Standards used in
connection with construction on City natural areas; and
WHEREAS, Flatiron further has agreed to pay the City the costs associated with long-
term re-vegetation management of impacted areas, based on the standard estimate of such costs
at$2,400 per acre, for a total sum of$6,576; and
WHEREAS, based on staffs review, it has been determined that the conveyance of the
permanent Ditch Easement on the Natural Area will not have any adverse effects on the Natural
Area as a result of the reconstruction and improvement of the Ditch; and
WHEREAS, the Land Conservation and Stewardship Board reviewed the proposed
conveyance at its regular meeting held on December 5, 2006, and unanimously recommended
that the Council approve the conveyance of the Ditch Easement; 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
interest will be for the benefit of the City's citizens and 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 City Council hereby finds that the above-described conveyance of
the Ditch Easement for the Ditch on the Easement Area, in exchange for vacation of existing
prescriptive rights for the Ditch on the Natural Area, consistent with the terms of this Ordinance,
will be for the benefit of the City's citizens, and will be in the best interests of the City of Fort
Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary for the City to carry out the terms of this Ordinance, including in
particular the Ditch Easement, together with such additional terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the 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 th day of February, A.D. 2 7.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 6th day of Fe /ary, A.D. 2007.
Mayor
ATTEST:
)LL� �
City Clerk ,
EXHIBIT"A"
PROPERTY DESCRIPTION
60'Ditch Easement
(Cit) of Fort Collins Property)
Two strips of land (Easement#1 and Easement#2)being Sixty feet(60') in width and being part
of the North Half of the Southwest Quarter NI/2 SWI/4) and the South Half of the Northwest
Quarter(Sl/2 NW I/4)all in Section Thirty-four(34).Township Seven North (T.7N.).Range
Sixty-eight West(R.68W.)of the Sixth Principal Meridian (6th P.M..),County of Larimer.State
of Colorado the centerline of which is more particularly described as follows:
EASEMENT#1 (E#1)
BEGINNING at the Northwest Corner of the Southwest Quarter(SW 1/4) of said Section 34 and
assuming the North line of said SWI/4 as bearing South 89°41'29" East,being a Grid Bearing Of
the Colorado State Plane Coordinate System,North Zone,North.American Datum 1983/92,a
distance of 2642.85 feet with all other bearings contained herein relative thereto:
THENCE South 8904129" East along said North line a distance of 645.06 feet:
THENCE South 00°18'31"West a distance of 296.39 feet to the TRUE POINT OF
BEGINNING of the centerline description of said E#1:
THENCE along the centerline of said E#I,also being along the centerline of an existing
irrigation lateral,by the following Twenty-six (26) courses and distances:
THENCE North 77056'02"East a distance of 19.37 feet:
THENCE North 87°26'19" East a distance of 3.09 feet;
THENCE South 71019'34" East a distance of 21.99 feet:
THENCE South 58°32'30" East a distance of.53.18 feet:
THENCE South 45°14'36" East a distance of 204.97 feet;
THENCE South 46°34'57"East a distance of 165.29 feet;
THENCE South 43046'28"East a distance of 92.86 feet;
THENCE South 41014'42"East a distance of 22.79 feet:
THENCE South 46027'03"East a distance of 51.97 feet;
THENCE North 76°06'33" East a distance of 20.53 feet
THENCE North 33003'22" East a distance of 155.36 feet;
THENCE North 28033'13"East a distance of 157.45 feet:
THENCE North 41°5T44" East a distance of 29.91 feet:
THENCE North 86018'06" East a distance of 22.77 feet;
THENCE North 57°08'07" East a distance of 16.10 feet;
THENCE North 46°17'24" East a distance of 60.59 feet:
THENCE North 48009'07" East a distance of 41.10 feet:
THENCE North 41°19'56"East a distance of 158.04 feet:
THENCE North 32000'19" East a distance of 82.38 feet;
THENCE North 49021'08" East a distance of 241.81 feet;
THENCE North 75°52'58" East a distance of 97.54 feet
THENCE North 69002'25" East a distance of 65.14 feet:
THENCE North 85001'25" East a distance of 29.89 feet:
THENCE South 78020'43" East a distance of 141.31 feet:
THENCE North 65°59'03" East a distance of 19.09 feet:
THENCE North 37904'33" East a distance of 15.00 feet to the Westerly Right-Of-Way (ROW)
line of Interstate Twenty-five(1-25). Said point being the TERMINUS POINT of said E#I:
It is the intent of this description that the end line of said easement at the True Point of Beginning
is to be perpendicular to the described centerline at that point and that the sidelines of said strip
of land are to be prolonged or shortened to intersect the Westerly ROW line of said 1-25:
Page 1 of 2
Property Description (continued)
60'Ditch Easement(City of Fort Collins Property)
EASEMENT#2(E#2)
BEGINNING at the Terminus Point of said E41:
THENCE South 85007'31" East across the ROW of said I-25 a distance of 262.90 feet to the
Easterly ROW line of said 1-25. Said point being the TRUE POINT OF BEGINNING of E#2:
THENCE continuing along the centerline of said irrigation lateral by the following Five (5)
courses and distances:
THENCE South 75037'20"East a distance of 18.31 feet-,
THENCE South 85006'12"East a distance of 37.21 feet,
THENCE South 79°34'36"East a distance of 89.81 feet;
THENCE South 76056'07"East a distance of 47.19 feet:
THENCE South 62016'48"East a distance of 96.49 feet to the East line of the SWIM of said
Section 34 and the TERMINUS POINT of said E#2. From said point the Northeast corner of
said SW 1/4 bears North 00006'15"West a distance of 33.92 feet.
It is the intent of this description that the sidelines of said strip of land be prolonged or shortened
to intersect the Easterly ROW line of 1-25 and the East line of the SW1/4 of said Section 34.
Said described E#1 contains 119,353 Square Feet,more or less (±) (2.740 Acres.more or less
(±))and said described E#2 contains 17,342 Square Feet,more or less (±)(0.398 Acres,more or
less(±)) and are both subject to any rights-of-way or other easements as granted or reserved by
instruments of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
1.Charles B.Jones,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 to the best of my knowledge,information,belief,and in my professional
opinion.
Charles B.Jones on pow o T ag, ur,gcyors,Inc.
: tan:
02 9
Colorado Reg'st P,rofestronal . ,
Land Surveyor #22
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
Project Number: 2001399 (August 09,2006)
(File:G:\LDDproj\2001399\esmt_lateral.wpd) Revised: December 19, 2006
Page 2 of 2
T7N
FORT DITCH EASEMENT
PROPERTY (WEST) EXHIBIT Wt/2 OF SEC COUNTY COL RDO
LA/RIM
COUNTY, COLORADO
Sheet 1 of 4 E 1
1
100 50 0 100
SCALE — 1"=100'
/
DITCH EASEMENT �
(City of Ft Collins(E41)) j
119,3535q.Ft. //•'S� rl,/.
2.740 s Acres 6 4j�
Jo'�
Ciry r�fr.Cullim /
Ciry rf Fr.Culi
60'O/TCH EASEMENT / pi j D1�
i' /�� LINE TABLE
UNE BEARING LENGTH
m N /' L1 N7756'02"E 19,37'
—Id 12 N87'26'19" 3.0 '
< Jq L3 S71'19'34"E 21,99'
S00'18'31"W L4 S 8.
72i L5 543'46'28"E 92.86'
L6 41'14'4 " 79'
POINT L.7 S46'27OYE 51.97'
GINNING L8 N76'O6' "EMATE CENTERLINE BOXELDER DITCH
z (HISTORIC RIGHTS MAY APPLY)
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Charles 8'Jon — ee d t 516Yi g urveyors, Inc.
64 3
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Colorado Regi d Pro asion L •a'
>. /d
Land Surveyor {f402%,j •tn0�v'"
NOTE: This exhibit drawing is not intended to be a monumented
land survey. It's sole purpose is as a graphic representation to
aid in the visualization of the written property description which
WEST QUARTER CORNER it accompanies. The written property description supersedes
SECTION 34 T.7N. R.68W. the exhibit drawing.
POINT OF BEGINNING
KING SURVEYORS, INC. PROJECT 140:2001399
DATE:07-08-06
650 Garden Drive I Windsor,Colorado 80550
i CUENT:FLATIRON COMPANIES
phone:(970)686-501 t 1 iax:(970)GSG-582t DWG:CSmt_IOterCrol—A
WWW.ldngsurveyors.com DRAWN:JSA CHECKED:CBJ
DITCH EASEMENT
W1A/2 DEC 34, R
FORT COLLINS PROPERTY (WEST) EXHIBIT RIMER OUNTY COLORADO
Sheet 2 of 4
LINE TABLE
\ LINE BEARING LENGTH
\k\ Ciy r,/Fl.C'nllirrr L7 546' T03"E 51.97*
\ L8 N76'06'33"E 0.53'
\ L9 N41'57'44"E 29.91'
\ L10 N8618'06"E 2.77'
L11 N 7' 7" 16.10'
L12 N46'17'24"E 60,59,
\�A 5 \ L13 N4 ' 7-E 41.10'
\ Qom•\ L14 N 0'19' 82.38'
SO'O/TCH EASEMENT
�JO'
Ja'� 5t 4 100 SO 0 100
NAj\\ SCALE — 1"=100'
:n \ B0 a\\
m \ IF, F
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Ciry n/Fr.C'nl/ina \ 1�
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H1 Ca,0 F,.Collir,
a DITCH EASEMENT C� Cg
z .(City 0i Collins(UP) \ ti0 �I
a 179,353 Sq.Ft. \ 833.
w 2,7401 Acres 7S> 7J, \\
b \
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Charles S. Jones — n b K Nis rs. Inc.
Colorado Registered. sional p /
Land Surveyor #220b.70ygt
NOTE: This exhibit drawing is not intended to be a monumented
land survey. it's sole purpose is as a graphic representation to
aid in the visualization of the written property description which
it accompanies. The written property description supersedes
the exhibit drawing.
KING SURVEYORS, INC. PROJECT 40:2001399
650 Garden Drive C:Windsor, alorado 80550 DATE:07-08-06CLIENT:FLATIRON COMPANIES
phone:(970)686-5011 I fax:(970)686-5821 DWG:esmt—IOteroI—A
wwW.Ainvsurvepors.c0m DRAWN:JSA CHECKED:CBJ
DITCH EASEMENT - CITY OF EXHIBIT WI/2 OF SEC 34, T7N, R68W,
FORT COLLINS PROPERTY (WEST) LARIMER COUNTY, COLORADO
Sheet 3 of 4
TRUE POINT OF
BEGINNING
(EASEMENT j2)
7ATE125
M G _
m POINT OF 100 50 0 100
1 TERMINUS
(EASEMENT /1)
W I SCALE - 1"=100'
JI err, I
I b/M I LINE TABLE
I Cl I LINE BEARING LENGTH
)\ L14 N '0 '7 8 .38'
DITCH EASEMENT L15 N7 ' '58"E 97,54'
(City of Ft.Collins(E.1)) L16 N 9 `E 65.14'
( r ' 119,3535q.Ft. L77 N 5'01'25`
II it 2.740±Acres L18 N65'5 '03" 1 .09'
tC \ L19 N37'04' 3` 1 .0 '
uo
1 1 Jt 1� Dry m(Fr.cull"',
\ \j .
Ca,nl Fr.Celli,,
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60 O/TCN EASE/SENT
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Charles B. Jones o alf•of TV..
Suriieyors, Inc.
V �• ''t\\' �j
Colorado Register Ib saio
Land Surveyor #22 ••at LppD
NOTE: This exhibit drawing is not intended to be a monumented
land survey. Its sole purpose is as a graphic representation to
aid in the visualization of the written property description which
it accompanies. The written property description supersedes
the exhibit drawing.
KING SURVEYORS, INC. PROJECT NO:2001399
650 Cruden bme DATE:07-08-06 Windsor,Colorado 80550 CLIENT:FLATIRON COMPANIES
phone:(970)686-5011 1 fax:(970)686-5821 DWG:esmt—lateral—A
www.lungsurvcyors.com DRAWN:JSA CHECKED:CBJ
I' DITCH EASEMENT — CITY OF EXHIBIT W1/2 OF SEC 34, T7N, R68W,
FORT COLLINS PROPERTY (EAST) LARIMER COUNTY, COLORADO
Sheet 4 of 4
1
1
1 \
\ 250' ROW 1 co.frr,carr;,,.r
POINT OF 1r
TERMINUS
Lt9 �1 (EASEMENT 01)` 1 SECTION 34 T.7N. R.CENTER QUARTER CORNER
68W.
�82�¢3••EJ $85_-�0T31"E 26_2.90' r^ 2p _
[
3(• �.,J 1 TRUE POINT
�4--_y�221
OF BEGINNING L21 [23
,(EASEMENT /p) �� X
BASIS OF BEARINGS: S89-41.29-E 2642.85'
so,'01CH ? 42¢ L25
DITCH EASEMENT EASEMENT
3 1 ` (City of Ft.Coltins(E92)) POINT OF
1 \ 17,342 Sq.Ft. TERMINUS
0.39S�Acres (EASEMENT /2)
1 Cin IFr.Co(IL,.r 1 a ,
127'
123''�_11 1 CipnJFr.Cnlli„x
3
i
100 50 0 100
/SCALE — 1"=100'
Charles B. Jone half of 'rt9 5 eyare, Inc.
• ' j LINE TABLE
Colorado Regist Pf ll;wal LINE BEARING LENGTH
*.•.•• L18 N65'59'03'E 19.09'
• s L19 N37' 4' 3"E 15.00,
Land Surveyor (J2 Al 1_ 1�f L20 75'37' 18.31,
'0 '1.2-E 37. 1'
NOTE: This exhibit drawing is not intended to be a monumented L22 79' 4'36" 8 . 1'
lend survey. It's sole L23 7 ' 6'07' 47.1 '
y purpose is as a graphic description
representation to L24 S6 '1 '48' 96.49'aid c the visualization of the written property tles uperse which
taccompanies. The written property description supersedes L25 N00'06'15'w 33.92'
the exhibit drawing.
KING SURVEYORS, INC. PROJECT NO:2001399
DATE:07-08-06
Gph Garden )686 I Windsor,Colo(970)ado686 80550 CLIENT:FLATIRON COMPANIES
phone:(970)68h-5011 Fax:(970)G86-5821
DWG:esmt_IGteral—A
www.kinh+suncyors'cnm DRAWN:JSA CHECKED:CBJ