HomeMy WebLinkAbout135 - 09/19/2006 - AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR THE GREELEY ORDINANCE NO. 135, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A UTILITY
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR THE GREELEY WATERLINE ENHANCEMENT TRANSMISSION PROJECT
WHEREAS, the City of Fort Collins (the "City") is the owner of the property described
at Reception 98024197 and at Reception 98111789 of the Larimer County Clerk and Recorder in
Fort Collins, Colorado (the"City Property"); and
WHEREAS, the City of Greeley wishes to acquire two utility easements under the City
Property, which easements are described on Exhibit "A" and Exhibit `B", attached hereto and
incorporated herein by this reference, and two temporary construction easements as described on
Exhibit "C" and Exhibit "D", also attached hereto and incorporated herein by this reference, as
part of the Greeley Waterline Enhancement Transmission Project; and
WHEREAS, the City of Greeley has agreed to pay to the City in exchange for the
easements the amount of$1000, and
WHEREAS, City staff has identified no significant adverse effects on the property
resulting from the grant of the requested easements or installation of the 60-inch water pipeline;
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 above-described utility easements and temporary
construction easements on the City Property, in a manner consistent with 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 such easements to the City of Greeley, upon the terms
and conditions described above, together with such other 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 descriptions
thereof that do not result in a material increase or change in character of the intended easement
conditions.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D.
2006.
Mayor
ATTEST:
1
City Clerk
Passed and adopted on final reading on the 19th day of tuber, A.D. 2006.
May r
ATTEST:
LL
City Clerk
EXHIBIT "A"
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(1 of 2)
A parcel of land,being dedicated as a Twenty(20)foot wide waterline easement,being part of that parcel of
land described in that warranty deed recorded March 30,1998 as Reception No.98024197 of the records of
the Latimer County Clerk and Recorder(LCCR)and also being part of that parcel of land described in that
warranty deed recorded April 19,1985 as Reception No.85018621 of the records of the LCCR and also
being part of Lots 2 and 3,Summit View Industrial Park recorded June 25,1979 as Reception No.313560
of the records of the LCCR,located in the Southwest Quarter(S W 1/4)of Section Eight(8),Township Seven
North(T.7N.),Range Sixtyeight West(R.68W.)of the Sixth Principal Meridian(61h P.M.),County of
Latimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Southwest comer of said Lot 3,also being the Southwest comer of that parcel of
land described in that WD with Reception No.85018621.also being the Southeast comer of said Lot 2,also
being the Southeast comer of that parcel of land described in that WD with Reception No.98024197 and
assuming the South line of said Lot 3,also being the South line of that parcel of land described in that WD
with Reception No.85018621 as bearing South 89°36'56"East,being a Grid Bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 468.57 feet with all
other bearings contained herein relative thereto:
THENCE North 89036'56"West along the South line of said Lot 2,also being along the South line of that
parcel described in that WD with Reception No.98024197 a distance of 35.57 feet,said point being the
POINT OF BEGINNING;
THENCE continuing North 89036'56"West along the South line of said Lot 2,also being along the South
line of that parcel described in that WD with Reception No.98024197 a distance of 28.44 feet;
THENCE North 45°41'26"East a distance of 67.82 feet;
THENCE South 89*18'34"East a distance of 79.68 feet to the beginning point of a curve,said curve being
non-tangent to aforesaid line;
THENCE along the arc of said curve,which is concave to the Northeast,a distance of 40.50 feet,said curve
having a radius of 274.00 feet,a central angle of 08°28'09"and a long chord bearing South 59°41'19"East
a distance of 40.46 feet;
THENCE North 89018'34"West along a line being non-tangent to aforesaid curve a distance of 106.57 feet;
THENCE South 45°41'26"West a distance of 39.33 feet to the POINT OF BEGINNING.
Said waterline easement contains 2,914 sq.ft.or 0.067 acre,more or less W,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 STATEMENT
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 to the
best of my knowledge and belief.
RE
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Steven -=Art of King Surveyors,Inc.
Colorado essional
Land Surveyor 3 5
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004485
M:\2004485A\property descriptions\ESMT-FORT COLLINS-19+20-WE.doc
Last printed 8/9/2006 3:01 PM
EXHIBIT "A"
TOLINS
WATERLINE EASEMENT
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EXHIBIT `B"
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(1 of 2)
A parcel of land,being dedicated as a waterline easement,being part of that parcel of land
described as The Skurich Fee Simple in that Rule and Order(Latimer County District Court Case
No.97 CV 346-3)recorded December 21, 1998 as Reception No.98111789 of the records of the
Latimer County Clerk and Recorder(LCCR),located in the Southwest Quarter(SW1/4)of Section
Eight(8),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal
Meridian(6`h P.M.),County of Latimer,State of Colorado,and being more particularly described
as follows:
The North Fourteen(14) feet of said parcel of land described as The Skurich Fee Simple adjoining
to the West line of that parcel of land described in that Warranty Deed(WD) recorded October 29,
1984 in Book 2295 at Page 1396 of the records of the LCCR.
Said waterline easement contains 74 sq.ft.or 0.002 acre,more or less (t), 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 STATEMENT
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 to the best of my knowledge and belief.
O�O REO
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Steven A. "... f of King Surveyors,Inc.
Colorado Regr rofessional
Land Surveyor 434995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970) 686-5011
JN:2004485
M:1200449Wproperty descriptionslESMT-FORT COLLINS-25-WE.doc
Lut printed"12006 11:49 AM
T IBIT "B"
WATERLINE EASEMENT EXHIBIT SW y4C E O8 FORT
R.618W.
(Z OF 2) NOTE: This exhibit drawing is not intended to be
SERER EASEMENT 70 I a monumented land survey. It's sole purpose is
BOXEZDER S4NITA776W L1S)7P/C7 I as a graphic representation to aid in the
W7D7N VARIES-1—I visualization of the written property description
BOOM 1E79 PgGE I97 whlch it accompanies. The written property
description supersedes the exhibit drawing.
LOTI
S&ABIV T MW,6VDUSTRLAL PARX 7WRAYNA.&VYDER
REC.NO.313560 REC NO 261710II4S2
----- T------------r------
POSSIBLE 10'UTILITY, 20'Ul7D7Y&DRAINAGE EA5ZVS11V7
I DRAINAGE&IRRIGAT701V EASEMENT REC NO. 20000.55914&
90CW IMI PAGE 921 REC NO. 20L10047079
I WEST LINE OF THAT PARCEL OF LAND
DESCRIBED IN THAT WARRANTY DEED
A&PARXRVVE A&AT{LLC I T1 RECORDED 10-29-1984 IN BOOK 2295 AT PAGE 1395
REC.NO.2005- 71T122 I 1 I
1 WATERLINE EASEMENT
—1-I 74 SO.FT., 0.002 ACRE
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20'SEWER EASEMENT BOOK255PAGEI396
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650 Guden Drive I Windsor,Colondo 80550 DATE:08/09/2006CLIENT:BOYLE ENGINEERING
phone:(970)686-5011 I fax:(970)686-5821 DWGESMT-FORT COLLINS-25
w .kuigsumcyors.com DRAWN:MCD CHECKED:SAL
EXHIBIT arC„
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(1 of 3)
Two parcels of land,being dedicated as temporary construction easements,being parts of that
parcel of land described in that warranty deed recorded March 30, 1998 as Reception No.
98OZ4197 of the records of the Latimer County Clerk and Recorder(LCCR) and also being parts of
that parcel of land described in that warranty deed recorded April 19, 1985 as Reception No.
85018621 of the records of the LCCR and also being parts of Lots 2 and 3,Summit View Industrial
Park recorded June 25, 1979 as Reception No.313560 of the records of the LCCR,located in the
Southwest Quarter(SWI/4)of Section Eight(8),Township Seven North(T.7N.),Range Sixty-
eight West(R.68W.) of the Sixth Principal Meridian(6's P.M.),County of Latimer,State of
Colorado, and being more particularly described as follows:
North Temporary Construction Easement
COMMENCING at the Southwest corner of said Lot 3,also being the Southwest comer of that
parcel of land described in that WD with Reception No.85018621,also being the Southeast corner
of said Lot 2,also being the Southeast comer of that parcel of land described in that WD with
Reception No.98024197 and assuming the South line of said Lot 3,also being the South line of
that parcel of land described in that WD with Reception No.85018621 as bearing South 89036'56"
East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North
American Datum 1983/92,a distance of 468.57 feet with all other bearings contained herein
relative thereto:
THENCE North 89°36'56"West along the South line of said Lot 2,also being along the South line
of that parcel described in that WD with Reception No.98024197 a distance of 64.01 feet to the
POINT OF BEGINNING;
THENCE continuing North 89°36'56"West along the South line of said Lot 2,also being along the
South line of that parcel described in that WD with Reception No.98024197 a distance of 23.29
feet to the beginning point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the are of said curve,which is concave to the Southeast,a distance of 109.64 feet,
said curve having a radius of 1053.29 feet,a central angle of 05057'51"and a long chord bearing
North 40019'26"East a distance of 109.59 feet to a Point of Compound Curvature(PCC);
THENCE along the arc of a curve,which is concave to the South a distance of 39.36 feet,said
curve having a radius of 25.00 feet,a central angle of 90013'00"and a long chord bearing North
88°24'52"East a distance of 35.42 feet to a Point of Tangency(PT);
THENCE South 46°28'38"East a distance of 16.36 feet to a Point of Curvature(PC);
THENCE along the are of a curve,which is concave to the Northeast,a distance of 42.93 feet,said
curve having a radius of 274.00 feet,a central angle of 08058'36"and a long chord bearing South
50°57'56"East a distance of 42.88 feet;
THENCE North 89°18'34"West along a line being non-tangent to aforesaid curve a distance of
79.68 feet;
THENCE South 45041'26"West a distance of 67.82 feet to the POINT OF BEGINNING.
Said temporary construction easement contains 4,261 sq.ft.or 0.098 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.
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Md2004485Mproperty descriptions ESMT-FORT COLLINS-19+20-TCE.doc
Last printed 8/151200610:39 AM
Exhibit-The City of Fort Collins
(2 of 3)
South Temporary Construction Easement
BEGINNING at the Southwest comer of said Lot 3,also being the Southwest comer of that parcel
of land described in that WD with Reception No.85018621,also being the Southeast comer of said
Lot 2,also being the Southeast corner of that parcel of land described in that WD with Reception
No.98024197 and assuming the South line of said Lot 3,also being the South line of that parcel of
land described in that WD with Reception No.85018621 as bearing South 89°36'56"East,being a
Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum
1983/92,a distance of 468.57 feet with all other bearings contained herein relative thereto:
THENCE North 89036'56"West along the South line of said Lot 2 also being along the South line
of that parcel described in that WD with Reception No.98024197 a distance of 35.57 feet;
THENCE North 45041'26"East a distance of 39.33 feet;
THENCE South 89018'34"East a distance of 106.57 feet to the beginning point of a curve,said
curve being non-tangent to aforesaid line;
THENCE along the are of said curve,which is concave to the Northeast a distance of 122.87 feet,
said curve having a radius of 274-00 feet, a central angle of 25041'33"and a long chord bearing
South 76046'10"East a distance of 121.84 feet to the South line of said Lot 3,also being the South
line of that parcel of land described in that WD with Reception No.85018621;
THENCE North 89°36'56"West along the South line of said Lot 3,also being the South line of
that parcel of land described in that WD with Reception No.85018621,being non-tangent to
aforesaid curve,a distance of 217.74 feet to the POINT OF BEGINNING.
Said temporary construction easement contains 4,354 sq.fL or 0.100 acre,more or less W, 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 STATEMENT
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 to the best of my knowledge and belief.
oPPpfO—�.1(R�E�O(�,
3499�S.r Olo
Steven A. f of King Surveyors,Inc.
Colorado Regis rofessional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970) 686-5011
JN: 2004485
M:\2004485A\property descriptiorts\ESMT-FORT COLLINS-19+20-TCE.doc
Last printed 8/15/2006 10:39 AM
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phone:(970)686-5011 1 fax(970)6855821 DWG ESMT—FORT COLLINS-19+20
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EXHIBIT
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(1 of 2)
A parcel of land,being dedicated as a temporary construction easement,being part of that parcel of
land described as The Skurich Fee Simple in that Rule and Order(Larimer County District Court
Case No.97 CV 346-3)recorded December 21, 1998 as Reception No.98111789 of the records of
the Latimer County Clerk and Recorder(LCCR),located in the Southwest Quarter(SW 1/4) of
Section Eight(8),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth
Principal Meridian(6w P.M.),County of Latimer,State of Colorado,and being more particularly
described as follows:
The South Eighty (80)feet of the North Ninety-four(94)feet of said parcel of land described as
The Skurich Fee Simple adjoining to the West line of that parcel of land described in that Warranty
Deed (WD)recorded October 29, 1984 in Book 2295 at Page 1396 of the records of the LCCR.
Said TCE contains 3,278 sq.ft.or 0.075 acre,more or less W, 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 STATEMENT
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 to the best of my knowledge and belief.
+AGO RcG
° 3498�Ss; ob
Steven A. of King Surveyors,Inc.
Colorado Reg ofessional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
JN: 2004485
M:12004485A\property dewriptionsTSMT-FORT COLLINS-25-TCE.doc
Last printed 8/9/2006 11:55 AM
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT THE CITY OF FORT COLLINS
SW X SEC. 8, T.7N., R.68W.
(2 OF 2) NOTE: This exhibit drawing is not intended to be
SEN£R EASEMENT lO I a monumented land survey. It's sole purpose is
BOKE20ER.L4N/TAALY✓OISAT/Cr as a graphic representation to aid in the
NJ07N VAR/ES visualization of the written property description
BOOK 1979 PACE 197 I which it accompanies. The written property
description supersedes the exhibit drawing.
LOTI
SUABETT 1j'WBt VSTRL4L PARK /SQaYNA.SNY29ER
RBC NO.3.13S60 REC NO.2MI011462
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POSSIBLE 20'UAL17Y, 20'UAL/TY&ORA/NA6-EASEMENT
ORAINACE&IRRICA AON EA9EMe1Vr REC NO. 2 00 0 03591 4&
BOOK/86/PAGE 91/ REC AV 200 2 0 4 70 79
I WEST LINE OF THAT PARCEL OF LAND
I DESCRIBED IN THAT WARRANTY DEED
ALPPARKWYGSTAfEKrTLLC
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20'ORA/NAGE EASEMENT
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DATE:08/09/2006
650 Garden Drive I Windsor,Colorado 80550 CLIENT:BOYLE ENGINEERING
phone:(970)686-5011 1 fsx:(970)686-5821 DWG:ESMT-FORT CO W NS-25
www.kirgsuaveyon.com DRAWN:MCD CHECKED:SAL