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HomeMy WebLinkAbout031 - 04/21/2009 - AUTHORIZING THE CONVEYANCE TO URBAN DEVELOPMENT PARTNERS, LLC OF A NON-EXCLUSIVE DRAINAGE EASEMENT A ORDINANCE NO. 031, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO URBAN DEVELOPMENT PARTNERS, LLC OF A NON-EXCLUSIVE DRAINAGE EASEMENT AND A NON-EXCLUSIVE MAINTENANCE ACCESS EASEMENT ON THE CITY OWNED GUSTAV SWANSON NATURAL AREA PROPERTY WHEREAS, the City owns a certain parcel of real property located in the City of Fort Collins, Larimer County, Colorado, known as the Gustav Swanson Natural Area (the "City Property"); and WHEREAS, Urban Development Partners, LLC ("UDP") is proposing the development of a commercial office and industrial properties business park, which is presently referred to as the Inverness Innovation Park (the "Development"), on private land adjacent to the northern, boundary of the City Property (the "UDP Property"); and WHEREAS, the City Property is situated between the UDP Property and the Poudre River; and WHEREAS, UDP has represented to City staff that the drainage plan for the Development will retain 100% of storm water on the UDP Property under conditions up to 100 year flood levels; and WHEREAS, UDP desires to deliver excess storm water from the Development across the City Property to the Poudre River; and WHEREAS, UDP has requested a 3,039 square foot Non-Exclusive Drainage Easement for construction of a spillway, and a 12,149 square foot Non-Exclusive Maintenance Access Easement across a portion of the City Property; and WHEREAS, the proposed easements are shown and described on Exhibit "A", attached and incorporated herein by this reference (the "Easements"); and WHEREAS, the proposed spillway would be constructed with rip rap material rather than concrete or other material that would be aesthetically incompatible with the Natural Area; and WHEREAS, the proposed spillway will be covered with soil and seeded to further enhance the appearance of the structure and compatibility with the Natural Area; and WHEREAS, UDP will repair any damage and restore any areas disturbed by the construction or access to the construction area; and WHEREAS, City staff has determined the Easements would not adversely impact the City's use of the City Property as a,natural resource; and WHEREAS, UDP has agreed to pay $3,873, which includes a $500 application fee, to the City Natural Resources Department for the easements and initial restoration; and WHEREAS, the City reserves the right to require additional storm water management improvements if further review of the Development indicates additional storm water improvements are necessary; and WHEREAS, at its regular meeting on March 11, 2009, the Land Conservation and Stewardship Board reviewed the proposed Easements and recommended the City Council grant them; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided 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 of the Easements to Urban Development Partners, LLC, as set forth herein, is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements on terms and conditions consistent with this Ordinance, along with such additional items and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, including, but not limited to, 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 24th day of March, A.D. 2009, and to be presented for final passage on the 21 ay of April, A.D. 2009. May r ATTEST: City Clerk -2- Passed and adopted on final reading on the 21st day of April, A.D. 2009. Mayor ATTEST: = W�a City`Clerk -3- EXHIBIT A 3/3/2009 PROPERTY DESCRIPTION: DRAINAGE EASEMENT A tract of land situate in the Northwest Quarter of Section 12,Township 7 North, Range 69 West of the 6'h Principal Meridian, in the City of Fort Collins, County of Latimer, State of Colorado more particularly described as follows, to wit: Considering the North line of said Northwest Quarter as bearing South 89°45'42"East from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to a recovered 4.25"brass cap in concrete with no legible markings at the Northeast Corner of said Northwest Quarter and with all bearings contained herein relative thereto; Commencing at said Northwest Coiner; thence,along said North line, South 89°45'42" East 680.00 feet; thence South 00°14'18" West 180.00 feet to the southwest corner of that parcel described at reception number 2002007922; said southwest corner being on the north line of that portion of the Gustav Swanson Natural Area described in Book 1004 at Page 67; thence, along said north line, South 89�45'42" East 89.48 feet; thence South 00'19'14"East 150.57 feet; thence South 40°32'09" West 32.05 feet; thence South 87°02'10" West 155.42 feet; thence North 71'46'18" West 77.26 feet; thence South 18°13'42" West 20.00 feet to the POINT OF BEGINNING; thence South 71°46'18" East 81.00 feet; thence South 18°13'42" West 37.52 feet to the southerly line of said Gustav Swanson Natural Area; thence, along said southerly line,North 71'46'18" West 81.00 feet; thence North 18013'42"East 37.52 feet to the POINT OF BEGINNING. The above-described tract of land contains 3,039 square feet or 0.070 acre, more or less and is subject to all existing easements and rights of way of record or in place. 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 from a combination of survey and record information and that it is not to be construed as representing a monumented land survey. dtlpt111Ulrrrgl�i pt)RE a �p`ion ti r Alex Rondall Per s (Wffl PtUS. No. 34176 p i��rrprALllAt� 3/3/2009 PROPERTY DESCRIPTION: NON-EXCLUSIVE MAINTENANCE ACCESS EASEMENT 1 A tract of land situate in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 61h Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado more particularly described as follows,to wit: Considering the North line of said Northwest Quarter as bearing South 89°45'42"East from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to a recovered 4.25" brass cap in concrete with no legible markings at the Northeast Corner of said Northwest Quarter and with all bearings contained herein relative thereto; Commencing at said Northwest Corner; thence, along said North line,South 89°45'42" East 680.00 feet; thence South 00°14'18" West 35.00 feet to the northwest corner of that parcel described at reception number 2002007922; said northwest corner being on the south right-of-way line of Vine Drive; thence,along said south right-of-way lure, South 89°45'42" East 88.06 feet to the POINT OF BEGINNING; thence, continuing along said right-of-way line, South 89'45'42" East 20.00 feet; thence South 00°19'14" East 145.01 feet to the south line of said parcel; thence, along said south line,North 89°45'42" West 20.00 feet;thence North 00'19'14" West 145.01 feet to the POINT OF BEGINNING. The above-described tract of land contains 2,900 square feet or 0.067 acre, more or less and is subject to all existing easements and rights of way of record or in place. 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 from a combination of survey and record information and that it is not to be construed as representing a monumented land survey. G/ lF i Alex Rondall Per ins Colo o L. 3 76 V 3/3/2009 PROPERTY DESCRIPTION: NON-EXCLUSIVE MAINTENANCE ACCESS EASEMENT 2 A tract of land situate in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 61h Principal Meridian, in the City of Foil Collins, County of Larimer, State of Colorado more particularly described as follows, to wit: Considering the North line of said Northwest Quarter as bearing South 89°45'42"East from a recovered 3.25" CDOT brass cap in a monument box at the Northwest Corner to a recovered 4.25" brass cap in concrete with no legible markings at the Northeast Corner of said Northwest Quarter and with all bearings contained herein relative thereto; Commencing at said Northwest Corner; thence,along said North line, South 89°45'42" .East 680.00 feet; thence South 00114'18" West 180.00 feet to the southwest corner of that parcel described at reception number 2002007922; said southwest corner being on the north line of that portion of the Gustav Swanson Natural Area described in Book 1004 at Page 67; thence,along said north line, South 89°45'42" East 89.48 feet to the POINT OF BEGINNING; thence,continuing along said north line, South 89°45'42" East 20.00 feet; thence South 00°19'14"East 192.75 feet; thence South 87°02'10" West 199.25 feet; thence North 71'46'18" West 81.00 feet; thence North 18'13'42"East 20.00 feet; thence South 71°46'18" East 77.26 feet;thence North 87°02'10" East 155.42 feet; thence North 40032'09" East 32.05 feet; thence North 00'19'14" West 150.57 feet to the POINT OF BEGINNING. The above=described tract of land contains 9,249 square feet or 0.212 acre,more or less and is subject to all existing easements and rights of way of record or in place. 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 from a combination of survey and record information and that it ipOltol*c strued as representing a monumented land survey. 0 REQ a a AI x Rondall erk ns ad ,76 s