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HomeMy WebLinkAbout048 - 04/17/2007 - AUTHORIZING THE CONVEYANCE OF A PERPETUAL EASEMENT FOR A SANITARY SEWER LINE AND TEMPORARY CONSTRUCT ORDINANCE NO. 048, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERPETUAL EASEMENT FOR A SANITARY SEWER LINE AND TEMPORARY CONSTRUCTION EASEMENT FOR THE REGISTRY RIDGE, 5TH FILING PDP DEVELOPMENT PROJECT WHEREAS, the City is the owner of the property described as Tract A, Registry Ridge, 5th Filing PDP Development, which was dedicated to the City as a future park site (the "Property"); and WHEREAS, Lennar Colorado, LLC, a Colorado limited liability company (the "Developer") is developing the Registry Ridge, 5th Filing PDP Development (the "Project") east of the Property; and WHEREAS, in order to provide a sanitary sewer line for the Project, the Developer wishes to acquire a perpetual utility easement on and across the Property, as described in Amended Exhibit"A", attached hereto; and WHEREAS, in order to construct and provide proper grading for the easement, the Developer wishes to also acquire a temporary construction easement on the Property, as described in Amended Exhibit "B", attached hereto; and WHEREAS, the proposed utility easement will also benefit the City by providing a sewer line necessary for a restroom to be constructed on the Property in the future, and WHEREAS, based on a review of this request by staff, it has been determined that granting the easements requested by the Developer will not have any adverse effects on the Property; 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 Utility Easement and the Temporary Construction Easement on the Property, consistent with the terms of this Ordinance, will benefit 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 easements to Lennar Colorado, LLC, a Colorado limited liability company, upon the terms and conditions described above, along with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 2007, and to be presented for final passage on the h day of April, A.D. 007. ATTEST: May City Clerk Passed and adopted on final reading on the 17th day of 1, A.D. 2007. May ATTEST: - )91)q� - City Clerk NORTHERN wDoacou;pAvs.Suge100 PHONE:970221.4159 WEBSRE ENGINEERING FsttCol9ns,CO 9O524 FA*970.221AI,% c'sCC�CssngisW14Com Amended Exhibit"A" Description, Sanitary Sewer Easement A sanitary sewer easement being a portion of Tract C and Tract H,Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing,located in Section 15,Township 6 North,Range 69 West of the 6 b Principal Meridian,City of Fort Collins,County of Larimer,State of Colorado being more particularly described as follows: Considering the South line of Tract H,Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing as bearing South 89.56'43"East and with all bearings contained herein relative thereto; Commencing at the Southwest comer of said Tract H;thence, along the South line of said Tract H,South 89'56'43"East,530.96 feet to the POINT OF BEGINNING;thence, North 01°29'54"West, 125.07 feet; thence,North 36°38'06"East,211.91 feet;thence, along a curve concave to the Northeast having a central angle of 9°04'14"with a radius of 191.50 feet, an arc length of 30.32 feet and the chord which bears South 61°14'15" East,30.29 feet;thence,South 36°38'06"West,205.69 feet;thence, South 01°29'54" East, 114.30 feet; thence, along the Northerly line of Lot 104,Tract F and Lot 105 of the Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing by the following three(3)courses and distances beginning South 83°39'22"West,2.51 feet to the Northeast comer of said Tract F;thence,South 8754127"West,24.99 feet to the Northwest comer of said Tract F;thence,North 89°56'43"West,2.50 feet to the POINT OF BEGINNING. The above described sanitary sewer easement contains 9,846 square feet or 0.226 acres more or less and is subject to all easements and rights-of-way now on record or existing. March 6,2007 CNS SASwYryJoboUtM(272-0D1)kDwg3PxhbftsXE emag Metm and Bmisda co r yo F OF co Amended Exhibit "A" A TRACT OF LAND BEING A PORTION OF TRACT C AND TRACT H, CORRECTED PLAT OF THE FINAL PLAT OF REGISTRY RIDGE P.U.D., FIRST FILING, LOCATED IN SECTION 15,TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,COUNTY OF LARIMER, STATE OF COLOR" 30'SANITARY ARC 9v404 \ SEWER EASEMENT CH LEN. = 30.29' 2.846 S.F. •4 ,09 CH DIR. - S61'I4.15•E 5' UTILITY AND iTRACT C LANDSCAPE EASEMENT 0.226 ACHES CORRECTED PLAT OF THE / fv FINAL PLAT OF REGISTRY TRACT H RIDGE P.U.D., FIRST FILING/ / OPTED PUT THE FINAL PUT REGISTRY/ RIDGE P.U.D., FIRST FILING i POINT OF 20' DRAINAGE u �O COMMENCEMENT EASEMENT (SW CORNER TRACT H) POINT OF L - - - - - - - - BEGINNWG•56'43" of•_� / p \S f 530 930iJTH LINE OF TRACT H E _ — GOR��p>� ¢s F f If (BASIS OF BEARING=S88.56'43•E) z•5o s sl3r22w F\NPR Q OJC 11 / 11 IAT 112 LOT t11 LOT 110 LOT 108�T 1081L— - 56T54.27•W T� — 1 LOT 10 N68'58'43•W 24. 8' 7 LOT 105 LOT 105 LOT 104 REEVES DR. TRACT F 1 RRECTEDPLAT PLAT GI 71Y I r — — — FINAL PUT. F REGISTRY _ — �— —i— — P.U.D., FIRST FlUNG n NORTHERN ® NORTH ENGINEERING tso 0 DEDICATION 150 300 45OFeet THE 20' SANITARY SEVER EASEMENT -wu-M.-...- t� _•�"" ^ SHALL BE DEDICATED TO THE SOUTH FORT ( IN FEET GOWNS SANITATION DISTRICT. 1 inch - 150 f4 NORTHERN 2003.0 Sr PHONE:970.221.4159 200S.CdbpAw.Sub 100 WE9SITE: ENGINEERING FortCnllia,00=4 FAX,970.221.4159 wwxnortheraena mdri9.wm Amended Exhibit "B" Description: Temporary Construction Easement A temporary construction easement being a portion of Tract C and Tract H,Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing,located in Section 15, Township 6 North,Range 69 West of the Oh Principal Meridian,City of Fort Collins, County of Latimer,State of Colorado being more particularly described as follows: Considering the South line of Tract H,Corrected Plat of the Final Plat of Registry Ridge P.U.D.,First Filing as bearing South 89'56'43"East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Tract H;thence, along the South line of said'. Tract H,South 89.56'43"East,500.94 feet to the POINT OF BEGINNING;thence, North 01.29'54"West, 134.62 feet;thence,North 36.38'06"East,222.89 feet;thence, along a curve concave to the Northeast having a central angle of 8'59'13"with a radius of 191.50 feet, an are length of 30.04 feet and the chord of which bears South 52'12'31" East, 30.01 feet;thence, South 36.38'06"West,211.91 feet; thence, South 01'29'54" East, 125.07 feet; thence,North 89.56143"West,30.01 feet to the POINT OF BEGINNING. The above described temporary construction easement contains 10,406 square feet or 0.239 acres more or less and is subject to all easements and rights-of-way now on record or existing. March 6,2007 CNS S:�S ey JObsUtEOCMA01)1Dwg\&WWts\TEM1ff_CONST—ESW_Maes and BandLdoe 0 A U • Z .c o O Lj. N• co `O� Amended Exhibit "B" A TRACT OF LAND BEING A PORTION OF TRACT C AND TRACT H, CORRECTED PLAT OF THE FINAL PLAT OF REGISTRY RIDGE P.U.D., FIRST FILING, LOCATED IN SECTION 15,TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,COUNTY OF LARIMER, STATE OF COLORADO NYTEMPORARY j CN drsw s5MDTT' CONSTRUCTION EASEMENT �� / / 10,406 S.F. / TRACT C \\7/ 15' UTILITY AND 0.239 ACRES z CORRECTED PLAT OF THE / LANDSCAPE EASEMENT FINAL PLAT OF REGISTRY RIDGE P.U.O. FIRST FILM TRACT H ?� � / 30' SANITARY CORRECTED PLAT OF THE ' SEWN EASBAE74T FINAL PLAT OF REGISTRY RIDGE P.U.D., FIRST FILING ( POINT OF g o I / COMMENCEMENT )ctl .;120'ERA�INAGT pF (SW CORNER TRACT H) POINT OF N: y� �y L. BEGINNING _soo.sa--------- 889*W43^E--- -+ _ EG O F ITH LINE OF TRACT H / — — (BASIS O BEARING T B 3'E) Naesg'0w F�r1P�Q v 0 T 11 LOT 112 LOT IIItLlI0 LOT 109 RAT 109 LOT 107 ! � LOT 109 LOT 105 �� " REEVES e c NORTHERN 150 0 150 Dao 450Feet ENGINEERING IN FEET 1 Inch a 150 R