HomeMy WebLinkAbout080 - 07/15/2008 - AUTHORIZING THE CONVEYANCE OF A STORMWATER FILTRATION AND DETENTION EASEMENT AT THE GARDENS ON SPRIN ORDINANCE NO. 080, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A STORMWATER FILTRATION
AND DETENTION EASEMENT AT THE GARDENS ON SPRING CREEK
(HORTICULTURE CENTER)TO COLORADO STATE UNIVERSITY.
WHEREAS, the City is the owner of real property known as the Center for Advanced
Technology 22nd Filing, Community Horticulture Center(the "Property"); and
WHEREAS, the Property is the site of the Gardens on Spring Creek and is located in a
mapped City floodplain; and
WHEREAS, Colorado State University ("CSU") wishes to acquire a permanent, non-
exclusive easement over a portion of the Property as part of a larger water quality control project
that CSU is constructing on its adjoining property; and
WHEREAS, the easement would cover a 28,581 square foot portion of the Property, as
described on Exhibit "A", attached hereto and incorporated herein by this reference (the
"Easement"); and
WHEREAS, the Easement would be for stormwater filtration and detention purposes; and
WHEREAS, staff has determined that the Easement will not have any adverse effects on
the Gardens on Spring Creek and that CSU's project will enhance the quality of water flowing
into Spring Creek adjacent to the Property; and
WHEREAS, CSU has agreed to compensate the City for its administrative costs to
process the easement, currently estimated at approximately $1,700; and
WHEREAS, in addition, the City will receive the benefit of an excavation credit for the
removal of dirt on the City Property, which can be used to offset the impact of future City
projects within the same floodway that would create a net fill on the City Property; and
WHEREAS, although the total amount of dirt removed from the City Property cannot be
calculated until CSU's project is complete, CSU will guarantee the City a minimum excavation
credit of 500 cubic yards, and the total will likely be over 1,000 cubic yards; and
WHEREAS, based on the approximate cost of excavating 500 cubic yards of dirt, staff
has calculated that the value of the excavation credit exceeds the value of the Easement, which is
estimated to be worth $1,400; 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 CSU of the Easement over, under and across the
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 Easement to CSU upon terms and conditions
consistent with this Ordinance, together with such additional terns 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
Easement, as long as such changes do not materially increase the size or change the character of
the Easement.
Introduced, considered favorably on first reading, and ordered published this 1st day of
July, A.D. 2008, and to be presented for final passage on the 1 y of July, A.D. 2008.
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ATTEST:
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City Clerk
Passed and adopted on final reading on the 15th day of y;A.D. 2008.
Mayor
ATTEST:
City Clerk
EXHIBIT A
Description of Parcel
A portion ol'Tract A, Centre for Advanced Technology 22nd I,iling, located in the Northeast
Quarter of Section 23, Township 7 North, Range fig West of the Sixth Principal Meridian;
City of Foil Collins. County of Larimer. State of Colorado; being more particularly described
as follows:
Basis of Hearings: The West line of the Northeast Quarter of said Section 23 is assumed to
bear South 00°1(i'54" West;
COMMENCING at the North Quarter Corner of said Section 23;
Thence South 38°24'13" East, a distance of 1246.73 feet to the northernmost comer of said
Tract A also being a point on the westerly right of way line of Centre Avenue; Thence along
the westerly boundary of said Tract A. South 47042'00" West. a distance of 67.48 feet to the.
POINT OF BEGINNING;
Thence South 00'00'00" East, a distance of 161.75 feet;
Thence South 25°00'00" West, a distance of 50.00 feet;
Thence South 65°00'00" West, a distance of 60.00 feet;
Thence South 00°00'00" East, a distance of 91.00 feet;
Thence South 60100'00" West, a distance of 77.00 feet to the westerly boundary of said
Tract A;
Thence along the westerly boundary of said Tract A, the following five (5) courses:
I. North 25°16'37" West, a distance of 20.00 feet to a point of curvature;
2 :long the arc of tangent curve to the right having a radius of 150.00 feet, a central
angle of 56°14'33" and an arc length of 147.24 feet;
3. North 30°57'56" East, a distance of 140.40 feet to a point of curvature;
4. along the arc ofa tangent curve to the right having a radius of 300.00 feet, a central
angle of 16°44'04" and an arc length of 87.62 feet;
5. North 47 '42'00" Fast, a distance of 21.82 feet to the POINT OF BEGINNING;
Containing a calculated area of 28,581 square feet or 0.656 acres. more or less and is subject
to all easements and rights of way on record or misting.
Representation attached hereto and incorporated herein by reference.
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THIS REPRESENTATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY.
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. ORIGINAL SCALE: 1'=50'