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HomeMy WebLinkAbout144 - 09/18/2001 - GRANTING A STORM DRAINAGE EASEMENT ACROSS THE DRAKE WATER RECLAMATION PROPERTY AS PART OF THE PROSPE ORDINANCE NO. 144, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS GRANTING A STORM DRAINAGE EASEMENT ACROSS THE CITY'S DRAKE WATER RECLAMATION PROPERTY MANAGED BY THE NATURAL RESOURCES DEPARTMENT AS PART OF THE PROSPECT PONDS NATURAL AREA TO MIDPOINT DEVELOPMENT, LLC WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property, purchased for utility purposes as part of the City's Drake Water Reclamation Property, located in Larimer County,Colorado,portions of which are currently managed by the City's Natural Resources Department known as the Prospect Ponds Natural Area; and WHEREAS, Midpoint Development, LLC wishes to acquire a permanent, non-exclusive easement across that portion of the Drake Water Reclamation Property more specifically described on Exhibit"A", attached hereto and incorporated herein by this reference(the"City Property"),for construction and maintenance of a storm drainage pipe,and a temporary construction easement over adjacent property more specifically described on Exhibit "B", attached hereto and incorporated herein by this reference (the "Temporary Easement Area"); and WHEREAS,the granting of these easements will provide for an improvement of the drainage system over what was done with the original platting of the Prospect Industrial Park; and WHEREAS, at its meeting of August 1, 2001, the Natural Resources Advisory Board considered the requested easements, and recommended by a vote of 6 to 1 the granting of those easements; and WHEREAS,because the granting of the easements described herein will replace and improve prior drainage conditions on the City Property, and will not have a significant impact on the condition or use of that property or surrounding area,staff has recommended that no compensation be required in exchange for these easements; 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 will not impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be in the best interests 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 above-described conveyance of a permanent, non-exclusive storm drainage easement across the City Property and temporary easement across the Temporary Easement Area will not materially impair the viability of the City's water utility as a whole, 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 be, and hereby is, authorized to execute such deeds, agreements or other instruments of conveyance granting to Midpoint Development, LLC the easements described herein,as the City Manager,in consultation with the City Attorney,determines to be necessary or desirable to protect the interests of the City or to carry out the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2001, and to be presented for final passage on the 18th day of September, A.D. 2001. Mayor ' ATTEST: I -4-U4 City Clerk Passed and adopted on final reading this 18th day of September, A.D. 2001. Mayor ATTEST: JML L 7% City Clerk EXHIBIT "A" LEGAL DESCRIPTION UTILITY EASEMENT A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS A PORTION OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE. BASIS OF BEARINGS:THE LINE BETWEEN THE NORTHWESTERLY CORNER OF LOT 32 AND THE NORTHEASTERLY CORNER OF LOT 33 OF THE PLAT OF PROSPECT INDUSTRIAL PARK RECORDED IN BOOK 1947 AT PAGE 020,LARIMER COUNTY RECORDS BEING MONUMENTEDAT THE WESTERLY END BY A#4 REBAR AND 1 W PLASTIC CAP STAMPED "LS 4502"AND AT THE EASTERLY END BY A#4 REBAR IS ASSUMED TO BEAR S73°20'0011E AS SHOWN ON SAID PLAT. COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 32 OF SAID PLAT, THENCE S70°47'16"E A DISTANCE OF 427.92 FEET TO A POINT ON THE EASTERLY LINE OF LOT 33 OF SAID PLAT,SAID POINTALSO LYING 19.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF SAID LOT 33; THENCE S22°58'07"E, A DISTANCE OF 96.19 FEET TO THE SOUTHEASTERLY LINE OF TRACT A OF SAID PLAT AND THE POINT OF BEGINNING: THENCE S22`58'07"E, A DISTANCE OF 46.02 FEET: THENCE S67°01'53"W, A DISTANCE OF 10.00 FEET; THENCE N22°58'07'VV, A DISTANCE OF 39.35 FEET TO SAID SOUTHEASTERLY LINE OF TRACT A; THENCE N33°18'08"E ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 12.02 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 427 SQUARE FEET. LEGAL DESCRIPTION STATEMENT I, DAVID P. ROBERTS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. DAVID P. ROBERTS REGISTERED LAND SURVEYOR COLORADO NO. 32825 FOR AND ON BEHALF OF JR ENGINEERING LLC THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. EXHIBIT"B" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A 10 FOOT WIDE UTILITY EASEMENT OVER AND ACROSS A PORTION OF SECTION 20, TOWNSHIP7 NORTH, RANGE 68 WESTOFTHE SIXTH PRINCIPAL MERIDIAN,CITYOF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS:THE LINE BETWEEN THE NORTHWESTERLY CORNER OF LOT 32 AND THE NORTHEASTERLY CORNER OF LOT 33 OF THE PLAT OF PROSPECT INDUSTRIAL PARK RECORDED IN BOOK 1947 AT PAGE 020, LARIMER COUNTY RECORDS BEING MONUMENTED AT THE WESTERLY END BY A#4 REBAR AND 1%" PLASTIC CAP STAMPED "LS 4502"AND AT THE EASTERLY END BY A#4 REBAR IS ASSUMED TO BEAR S73°2010011E AS SHOWN ON SAID PLAT. COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 32 OF SAID PLAT; THENCE S70°47'16"E A DISTANCE OF 427.92 FEET TO A POINT ON THE EASTERLY LINE OF LOT 33 OF SAID PLAT, SAID POINTALSO LYING 19.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES TO THE NORTHEASTERLY LINE OF SAID LOT 33; THENCE S22°58'07"E, A DISTANCE OF 96.19 FEET TO THE SOUTHEASTERLY LINE OF TRACT A OF SAID PLAT AND THE POINT OF BEGINNING; THENCE N33`18'08"E ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 39.08 FEET;THENCE S22'58'07"E, A DISTANCE OF 46.02 FEET; THENCE S33°18'08"W, A DISTANCE OF 39.08 FEET; THENCE S67°01'53"W, A DISTANCE OF 42.50 FEET; THENCE N22°58'07"W,A DISTANCE OF 17.65 FEETTOTHE SOUTHEASTERLY LINE OF SAID TRACT A; THENCE N33°18'08"E ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 51.10 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2849 SQUARE FEET. LEGAL DESCRIPTION STATEMENT I, DAVID P. ROBERTS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS CORRECT. DAVID P. ROBERTS, REGISTERED LAND SURVEYOR COLORADO NO.32825 FOR AND ON BEHALF OF JR ENGINEERING LLC THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY.