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HomeMy WebLinkAbout109 - 11/03/2009 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT ON THE GUSTAV SWANSON NATURAL AREA T ORDINANCE NO. 109, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT ON THE GUSTAV SWANSON NATURAL AREA TO URBAN DEVELOPMENT PARTNERS, LLC 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 Cache La Poudre River; and WHEREAS, On April 21, 2009, the City Council passed Ordinance No. 031, 2009, authorizing the granting of two access easements and one drainage easement on and across the City Property to UDP; and WHEREAS, since that time, UDP has determined that it will need an additional drainage easement on and across the City property; and WHEREAS, UDP has represented to City staff that the current drainage plan for the Development, which includes a pond for stormwater detention and infiltration, will retain 100% of storm water on the UDP Property under conditions up to 100-year flood levels; and WHEREAS, in the event that the proposed pond is not able to contain the excess stormwater flows during a particular flood event, UDP desires to deliver excess stormwater from the Development across the City Property to the Poudre River; and WHEREAS, UDP has requested a non-exclusive drainage easement for stormwater discharge from the UDP Property during events larger than a 100-year flood event across the north 4.16 acres of the City Property; and WHEREAS, the proposed easement is shown and described as "Drainage Easement No. 1 " on Exhibit"A," attached and incorporated herein by this reference (the "Easement"); and WHEREAS, City staff has determined the Easement would not adversely impact the City's use of the City Property as a natural area; and WHEREAS, UDP has agreed to pay $1,400, which includes a $500 application fee, to the City's Natural Resources Department for the Easement; and WHEREAS, at its regular meeting on October 14, 2009, the Land Conservation and Stewardship Board reviewed and approved the conveyance of the proposed Easement; 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 Easement 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 Easement to UDP on terms and conditions consistent with this Ordinance, along with such additional terms 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 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 20th day of October, A.D. 2009, and to be presented for final passage on the 3rd day of November, A.D. 2009. rze Ma r ' ATTEST: City-Clerk Passed and adopted on final reading on the 3rd day of November, A.D. 2009. Mayor ATTEST: �' A `City-Clerk Exhibit "A" Page 1 of 2 Drainage Easement No. 1 on Gustav Swanson Natural Area Considering the north line of Section 12, Township 7 North, Range 69 West of the 6`h P.P. as bearing S 89 degrees 46 minutes E, and with all bearings herein relative therto; beginning at a point which bears S 89 degrees 46 minutes E 430.00 feet; and again, S 00 degrees 14 minutes W 370.58 feet from the Northwest corner of said Section 12, said . point of beginning being a chiseled cross on the northerly face of the concrete headgate structure of the Coy Ditch, at a point 1.00 foot north 71 degrees 47 minutes west from the southeasterly end of the southeasterly wing of the said structure; thence N 00 degrees 14 minutes E 53.69 feet; thence N 36 degrees 31 minutes east 101.40; thence N 00 degrees 14 minutes E 55.06 feet; thence S 89 degrees 46 minutes E 832.05 feet to the east line of the Northwest Quarter of the Northwest Quarter of said Section 12; thence along said line, S 00 degrees 03 minutes E 42.88 feet to a point on the northerly line of the right-of- way of the Colorado and Southern Railroad, which point is a point on a curve, to the left, whose radius bears S 23 degrees 59 minutes E 980.37 feet and whose long chord bears S 61 degrees 20.5 W 159.1 feet from said point; thence along the said curve, southwesterly, a distance of 160.19 feet to the end of said curve; thence along the north line of said right-of-way, S 56 degrees 40 minutes W 372.87 feet; thence N 00 degrees 14 minutes east 104.73 feet; thence N 89 degrees 46 minutes W 100.00 feet; thence S 00 degrees 14 minutes W 80.38 feet to a point on the northerly bank of the Cache la Poudre River; thence on a line which is the approximate average of the meandering river bank,N 71 degrees 47 minutes W 360.45 feet to the point of beginning; together with a permanent easement for ingress and egress to the public, over and across the East 20.00 feet of the West 804.75 feet of the South 145.00 feet of the North 180.00 feet of the Northwest Quarter of the Northwest Quarter of said Section 12, and subject to right of way of record. SKETCH A TRACT OF LAND LOCATED IN SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 NW CORNER SECTION 12-7-89 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF FORT COLLINS, COUNTY RECOVERED 3.25'COOT BRASS CAP OF LARIMER STATE OF COLORADO IN MONUMENT BOX s B9.4542"B (BASIS OF BEARINGS) _.._.._..—sea.o0-.._.._I._.._.._;._.._.._.._.._.._..T — -- -- - - -- - - LlNd TdB1.6' ��95.00 L7 NORTH LINE OF THE NW 1/4 SECTION 12 , 1 LDYd 869.4/V49 L6NCTB __ _ p S 89'45 f2'L' L! L2 N/B'19lZ'd sy5z I I I I S. RIGHT OF WAY VINE DRIVE----";##' T I /-9 S71*4B'IB"d B1.00 IP.O.B. I II I I Lf N 1B"lS fZ'd ZO.00 hk I L5 S 71"Y8"d 77.ZB e l I I I O W O W N O W I Z O Z N ICJ I LB N fOt%209'd .71.05 01 z W I I.1 5 n S N I S Z o L7 SB9'f5f2"d ZO.OD ti� ISizo"z OI IIO I.izvoo I I.iZ0 two I _ LB NOO'lflB'd 59.69 `� �ciNo�MI I� ^�'� I owo NO N N 007f'IB'd 55.06 OI N�Nvv \I I� N¢m I No:N L1O S 00.4zfa'd f2.95 "�I M.00' I I I I 190.00' S mw 42'd B9.4B' I Ilk, B9'f5 4.2'd 533.4B' N P.O.B. of II Non-Exclusive ° eF Non-Exclusive til �° Maintenance Access 2� Maintenance Access t Ire Easement 1 I I, AREA - 2,900 S.F. Drainage Easement • ISM £ /9 A `o''� Easement I �, or 0.067 ACREt d OM 10. ay C AREA 9,249 S.F. k�' I:� 9 No. 1 1'9 ,0 to\C or 0.212 ACRE± til 11 R=980.97' O Drainage Easement No. 2 °ol I°o g L=159.76' P.O.g AREA = 3039 S.F. �I GUSTAV SWANSON NATURAL AREA L+=9.2079"Iy or 0.0`0 ACREt I BOOK 1004 PAGE 67 CB II/II-S61:202571 r - AREA = 181,155 S.F. CA=159.58 qq V 8;-O270_d f5✓�`4?�/ I or 4.159 ACRES± /2009 REV. 2 S B7'02'10' A REV. 2/25/2009 �+ A B9"4542' Jr REV. 3/1/2009 ct CXE ' R 100.00' '4 REV. 3/3/2009 POUDRE RIVE 76�7yy9 REV. 10/1/2009 rS w M V 6'4018 A / 009 DRAWING BYSURVEY BY ARP APPROXIMATE O O FIELD BOOKS 17,21 Scale: 1 = 1 o o' EDGE OF WATER PROJECT 09003 100 so o 100 PERKINS LAND SURVEYING, INC. NOTE: THIS DRAWING IS ONLY AGRAPHICAL REPRESENTATION OF THE ATTACHED 171 NORTH COLLEGE AVENUE PROPERTY DESCRIPTIONS AND IS NOT A Graphic Scale in Feet LAND SURVEY PLAT OR IMPROVEMENT FORT COLLINS,COLORADO 80524 SURVEY PLAT. 00 PHONE: (970)407-9220 FAX: (970)407-9244 EMAIL: plsOverinet.com