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HomeMy WebLinkAbout133 - 11/20/2007 - AUTHORIZING THE CONVEYANCE OF A SIDEWALK EASEMENT, LANDSCAPE EASEMENT, DRAINAGE EASEMENT AND A TEMPO ORDINANCE NO. 133, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A SIDEWALK EASEMENT, LANDSCAPE EASEMENT, DRAINAGE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT AT THE NORTHSIDE AZTLAN COMMUNITY CENTER TO LAGUNITAS GIDDINGS, INC. WHEREAS, the City of Fort Collins ("City") is the owner of real property known as the Northside Aztlan Community Center, located at 112 Willow Street("NACC"); and WHEREAS, Lagunitas Giddings, Inc. ("LGI") is planning a project known as Willow Street Lofts ("WSL") on property adjacent to the NACC; and WHEREAS, in order to construct the WSL to LGI's preferred design and still be in compliance with the City's Land Use Code, LGI must construct certain sidewalk, landscaping and drainage improvements; and WHEREAS, there is not sufficient room on the WSL property to construct such improvements, and LGI is, therefore, seeking easements from the City to construct the improvements on adjacent City property that is part of the NACC; and WHEREAS, LGI wishes to acquire from the City a Sidewalk Easement containing 2,496 square feet as described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, LGI wishes to acquire from the City a Landscape Easement containing 1,704 square feet as described on Exhibit `B", attached hereto and incorporated herein by this reference; and WHEREAS, LGI wishes to acquire from the City a Drainage Easement to carry their developed stormwater flows to a drainage swale located on NACC property; and WHEREAS, the requested Drainage Easement contains 3,460 square feet and is described on Exhibit "C", attached hereto and incorporated herein by this reference; and WHEREAS, LGI wishes to acquire from the City a Temporary Construction Easement containing 13,200 square feet as described on Exhibit "D", attached hereto and incorporated herein by this reference; and WHEREAS, LGI has agreed to pay all costs for installation, maintenance and all future reinstallation of improvements within the easement areas and, upon completion of the improvements, LGI will also be responsible for restoring the Temporary Construction Easement area to a condition comparable to the condition it was in prior to the work; and WHEREAS, the City will retain a right of public access on and across the easement areas; and WHEREAS, staff has determined that the conveyance of the easements will not have any adverse effects on the NACC and that LGI's agreement to install and maintain sidewalk and landscaping improvements on the NACC property will provide a benefit to the City; and WHEREAS, staff is therefore recommending that the City not charge LGI for the easements; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of interests in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 conveyance to LGI of the Sidewalk Easement, Landscape Easement, Drainage Easement and Temporary Construction Easement over, under and across the NACC property on terms and conditions consistent with this Ordinance is 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 to convey the sidewalk Easement, Landscape Easement, Drainage Easement and Temporary Construction Easement to LGI upon terms and conditions consistent with this Ordinance, 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 changes to the legal description of the easements, as long as such changes do not materially increase the size or change the character of the easements. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2007, and to be presented for final passage on the Oth day of November, A.D. 2007. i Mayor ATTEST: )Qw�. �L i�4 a e City Clerk -2- Passed and adopted on final reading on the 20th day of N mberz7v 2007. ' MayoU ATTEST: W 11� City Clerk -3- EXHIBIT "A" PROPERTY DESCRIPTION: SIDEWALK EASEMENT A 6 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the a P.M., City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows, to wit: Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as bearing North 48°50'00"West as shown on the recorded plat of said Northside Aztlan Community Center found at Reception Number 20060083144 in the Office of the Clerk and Recorder of Larimer County and with all bearings contained herein relative thereto; Beginning at the easternmost corner of said Tract A;thence along said northeasterly line, North 48050'00"West 200.00 feet to the northernmost corner of said Tract A; thence along the northwesterly line of said Tract A and the southeasterly line of Lot 1, Northside Aztlan Community Center, South 41°10'00"West 210.00 feet to the southernmost comer of said Lot 1; thence along the southwesterly line of said Lot 1, North 48°50'00"West 6.00 feet; thence North 41*10'00" East 216.00 feet; thence South 48"50'00" East 206.00 feet to the southeasterly line of Lot 3, Northside Aztlan Community Center; thence along said southeasterly line, South 41`10'00"West 6.00 feet to the Point of Beginning and containing 2,496 square feet, more or less. SURVEYORS STATEMENT: 1, Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado, hereby state that this real property description was prepared for Lagunitas Companies from information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER, additional information provided by the client and the City of Fort Collins, and that it is not to be construed as representing a monumented land survey. R Alex ondall y� 'oloradgP. No. 34176 Cc ".L LANO EXHIBIT "B" PROPERTY DESCRIPTION: LANDSCAPE EASEMENT A 4 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 6"' P.M., City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows, to wit: Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as bearing North 48°50'00" West as shown on the recorded plat of said Northside Aztlan Community Center found at Reception Number 20060083144 in the Office of the Cleric and Recorder of Larimer County and with all bearings contained herein relative thereto; Commencing at the easternmost comer of said Tract A; thence along the southeasterly line of Lot 3, Northside Aztlan Community Center, North 41010'00" East, 6.00 feet to the Point of Beginning;thence North 48650'00"West, 206.00 feet; thence South 41'10'00"West, 216.00 feet to the southwesterly line of Lot 1, Northside Aztlan Community Center; thence along said southwesterly line, North 48°50'00"West, 4.00 feet; thence North 41'10'00" East, 220.00 feet; thence South 48"50'00" East, 210.00 feet to said southeasterly line of Lot 3; thence along said southeasterly line, South 41-10'00'West, 4.00 feet to the Point of Beginning and containing 1,704 square feet, more or less. SURVEYORS STATEMENT: I,Alex Rondall Perkins,a duly licensed Professional Land Surveyor in the State of Colorado, hereby state that this real property description was prepared for Lagunitas Companies from information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER, additional information provided by the client and the City of Fort Collins, and that it is not to be construed as representing a monumented land survey. R J Alex Ron 11" gt s CWp L.S. No. 34176 W. A "` 34176 LANpy EXHIBIT "C" PROPERTY DESCRIPTION: DRAINAGE EASEMENT A 20 foot wide strip of land across Lots 1 and 3, Northside Aztlan Community Center, City of Fort Collins, County of Larimer, State of Colorado, lying 10 feet on each side of the following described centerline and northeast of the southwesterly line of said Lot 3: Considering the northeasterly line of Tract A, Northside Aztlan Community Center(a portion of which is coincident with said southwesterly line of Lot 3), as bearing North 48e50'00"West as shown on the recorded plat of said Northside Aztlan Community Center found at Reception Number 20060083144 in the Office of the Clerk and Recorder of Larimer County and with all bearings contained herein relative thereto; Commencing at the easternmost corner of said Tract A; thence along said northeasterly line, North 48050'00" West, 106.25 feet to the Point of Beginning; thence North 14023'39"East, 173.00 feet to the Point of Terminus; said strip containing 3,460 square feet, more or less. DRAINAGE EASEMENT Area - 3.460 Square Feet P.O.T. to' M710E TELEPHONE I N14'23.39"E LINE EASEMENT // 173.0C ORAINAGEUAND BUC ACCESS. EMERGENCY ACCESS „2a e AUGNMENT , O LET j , ;� /` LET J P.O.S. . P.O.C. OFRASTIRIMST COMM 6? (NOT TO SCALE) SURVEYORS STATEMENT: 1. Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado, hereby state that this real property description was prepared for Lagunitas Companies from information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER, additional information provided by the client and the City of Fo that it is not to be construed as representing a monumented land survey. ORE r' 3� d Alex Rondall Perkins Col'f`2B•P;L.S.pt0 6 J„1L L11,10 EXHIBIT "D" PROPERTY DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT A 30 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 6'h P.M., City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows, to wit: Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as bearing North 48050'00"West as shown on the recorded plat of said Northside Aztlan Community Center found at Reception Number 20060083144 in the Office of the Clerk and Recorder of Larimer County and with all bearings contained herein relative thereto; Beginning at the eastemmost corner of said Tract A; thence along said northeasterly line, North 48°50'00"West, 200.00 feet to the northernmost corner of said Tract A; thence along the northwesterly line of said Tract A and the southeasterly line of Lot 1, Northside Aztlan Community Center, South 41010'00"West, 210.00 feet to the southernmost corner of said Lot 1; thence along the southwesterly line of said Lot 1, North 48050'00"West, 30.00 feet; thence North 41°10'00" East 240.00 feet; thence South 48"50'00" East, 230.00 feet to the southeasterly line of Lot 3, Northside Aztlan Community Center; thence along said southeasterly line, South 41°10'00"West, 30.00 feet to the Point of Beginning and containing 13,200 square feet, more or less. SURVEYORS STATEMENT: I, Alex Rondall Perkins,a duly licensed Professional Land Surveyor in the State of Colorado, hereby state that this real property description was prepared for Lagunitas Companies from information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER, additional information provided by the client and the City of Fort Collins, and that it is not to be construed as representing a monumented land survey. Alex Ro a PaOcins L.S. No. 34176 s` 34176 o -1L LA�O