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HomeMy WebLinkAbout113 - 08/15/2006 - AUTHORIZING THE CONVEYANCE OF A PERMANENT DRAINAGE EASEMENT ON PELICAN MARSH NATURAL AREA FOR THE PR ORDINANCE NO. 113, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT DRAINAGE EASEMENT ON PELICAN MARSH NATURAL AREA FOR THE PROVINCETOWNE THIRD FILING DEVELOPMENT WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of a certain parcel of real property located in Fort Collins, Colorado, known as Pelican Marsh Natural Area (the "Property"); and WHEREAS, the Provincetowne Filing Three Development is located north of the Property; and WHEREAS, in order to provide a drainage outlet KB Home, Colorado, Inc (the "Developer") wishes to acquire a non-exclusive drainage easement (the "Easement") over, under and across the Property as described in Exhibit "A", attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, the Developer has agreed to compensate the City $675 for consideration associated with the Easement; and WHEREAS, based on review of this request by City staff, it has been determined that granting the permanent, non-exclusive Easement will not have any significant, adverse effect 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 such sale or other disposition will be for the benefit of the City's citizens and 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 Easement over, under and across the Property, consistent with the terms of 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 the Easement to KB Home, Colorado, Inc., upon the terms and conditions described above, 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 corrections to the legal descriptions thereof that do not result in a material increase or change in character of the intended easement area. Introduced, considered favorably on first reading, and ordered published this 18th day of July, A.D. 2006, and to be presented for final passage on the 15t y of August, A.D. 2006. 6 May ATTEST: City Clerk Passed and adopted on final reading on the 15th day of ust, A.D. 2006. Mayor ATTEST: LL)k City Clerk Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION DRAINAGE EASEMENT A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECT10N13, TOWNSHIP 6 NORTH,RANGE 69 WEST,BEING MONUMEN'TED ON THE NORTH END BY A 3" ALUMINUM CAP MARKED "LS 12374"'AND AT THE SOUTH END BY A 3-1/4"ALUMINUM CAP MARKED "LS 12374"IS ASSUMED TO BEAR S 00005'06" W,WITH A DISTANCE OF 2699.17 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE N 44027'37"W, A DISTANCE OF 1513.81 FEET,TO A POINT ON THE SOUTHERLY BOUNDARY OF TRACT C,PROVINCETOWNE PUD FILING NO.2,AND THE POINT OF BEGINNING; THENCE S 03°49'53" E,A DISTANCE OF 72.66 FEET,TO A POINT ON THE NORTHERLY LINE OP A DRAINAGE EASEMENT AS RECORDED AT RECEPTION NO. 2001076516, SAID EASEMENT IS REFERRED TO AS EXHIBIT A-1 IN THE RECORDED DOCUMENT; THENCE N 82°24'48" W, ON SAID NORTHERLY LINE,A DISTANCE OF 51.01 FEET; THENCE N 03e49'53" W,A DISTANCE OF 46.11 FEET„TO SAID SOUTHERLY LINE; THENCE ON SAID SOUTHERLY LINE THE FOLLOWING TWO (2)COURSES; 1. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 07026'52",A RADIUS OF 235.00 FEET,AN ARC LENGTH OF 30.55 FEET,THE CHORD OF SAID CURVE BEARING N 69-31'40"E WITH A DISTANCE OF 30.53 FEET,TO A POINT OF TANGENCY; 2. THENCE N 65°48'14"E,A DISTANCE OF 22.14 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 2,937 SQUARE FEET. I,CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT. �D�pD L/c'_ ez CHAD R.WASHBURN,PLS ss0,... , COLORADO PLS NO. 37963 NAL LAW FOR AND ON THE BEHALF OF JR ENGINEERING LLC. 2620 EAST PROSPECT ROAD, SUITE 190 FORT COLLINS, CO 80525 THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR 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 WITHANArTORNEY. X:\3940000.a0\3945900\Ward\Lepls\3945900LX3 DRAINAGE ESMT.dm PAGE OF ORTE Exhibit "A" Page 2 of 2 SE- 3.T5r. R69WNeR 1 FOUND 3" A'_JV. CAP 7 STAMPED "S 1237c" i 50 25 0 50 SCA_E: = 50' II � I i i I SOUTHERLY LINE 0 TRACT 0 PROVINCETOWNE PUG FILING NO. 2,,- 4=7.26'52" R=235.00' l4"LF-,, CH=30.53'\ N651�34•b POINT OF BEGINNING N69'31'40"E y?~ ,� Ilk u I f P N J m 51.pir�1 �v ; QQ2j, p N NGRDRAINY LINE OF 'Y P�w DRAIN m EXISTING AGE ESMT. �S� o _� �o7 R Idol X 4 WZ^ J L Q� SC3 ST CORNER Q ;� O L1p SEC.C.13, T6N, A-LI !mom FOUND 3 1M. CAP STAMP EC "LS ALUL6 i ENCE POINT OF COMMENCEMENT P 3796 L �zq,OVAL LANDS DRAINAGE EASEMENT y, ! PROVINCETOWNE z JOB NO. 39459.00 APRIL 20, 2006 SHEET 1 OF 1 NOTTHIS J'R ENGINEERING VON METEDRAWING GOES NOT REPRESENT A v=i 'd ONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED Eft 14-I'MOD"X 80525 LEGAL DESCRIPTION. ➢'XIP ]' 3'P19F9Bfl5He 9A-WF9Aa•xw" V