HomeMy WebLinkAbout007 - 02/16/2010 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT ON A PORTION OF THE CITY-OWNED PROPE ORDINANCE NO. 007, 2010
OF THE.COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION
EASEMENT ON A PORTION OF THE CITY-OWNED PROPERTY
KNOWN AS GRAPE STREET TO 1908 N. COLLEGE, LLC
WHEREAS, the City is the owner of real property known as Grape Street, which has
historically been used as a public street but was never dedicated as right-of-way; and
WHEREAS, 1908 N. College, LLC (the "Developer") is constructing a project adjacent
to Grape Street known as North College Marketplace (the "Project"); and
WHEREAS, the Utilities Plan for the Project requires the Developer to remove utilities
under an unimproved portion of Grape Street; and
WHEREAS, to complete this utility work, the Developer wishes to acquire a temporary
construction easement over a portion of Grape Street containing 2,478 square feet as described
on Exhibit"A", attached and incorporated herein by this reference; and
WHEREAS, the Developer will pay all costs for the work in the temporary construction
easement area, and will be responsible for restoring the area to a condition satisfactory to the
City and reseeding the area in accordance with City specifications; 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 to the Developer of the above-described temporary
construction easement over, under and across a portion of Grape Street 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 said temporary construction easement to the Developer
upon terms and conditions consistent with this Ordinance, together 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 any necessary changes to
the legal description of the temporary construction easement, as long as such changes do not
materially increase the size or change the character of such easement.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
February, A.D. 2010, and to be presented for final passage on 16th day of February, A.D.
2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 16th day ebruary, A.D. 2010.
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ATTEST: -
City Clerk
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Exhibit A
PROPERTY DESCRIPTION
Temporary Construction Easement
A parcel of land for temporary construction easement purposes,being a portion of that strip of land referred
to as"Grape Street"and described in a Deed recorded June 12,1961 in Book 1143,Page 185 as Reception
No.800076 of the Records of Larmer County,situate in the Southwest Quarter(S W 1/4)of Section Thirty-
six(36),Township Eight North(T.SN.),Range Sixty-nine West(R.69W.),Sixth Principal Meridian(6a
P.M.),City of Fort Collins,County of Larimer,State of Colorado,being more particularly described by
Metes and Bounds on a Basis of Bearing of the Colorado State Plane Coordinate System,North Zone,North
American Datum 1983/92 as follows.
COMMENCING at the Southwest Comer of said Section 36,as monumented by a 3"Brass Cap embedded
in concrete and stamped"State Highway Department"and assuming the West line of the SWl/4 of said
Section 36,as monumented by a#6 Rebar with a 3-IW'Ahrminum Cap stamped"W.C."and"Lund,
LS34995"as a Point on Line 2350.49 feet Northerly of said Southwest Comer of Section 36,to bear North
00°41'23"Past,being a grid hearing of the Colorado State Plane Coordinate System,North Zone,North
American Datum 1983/92,with all bearings herein relative thereto;
THENCE North 00"41'23"East along the West line of the SW 1/4 of said Section 36,a distance of 894.00
feet to the North line of that parcel described in said Book 1143,Page 185;
THENCE South 89023'30"East along the North line of that parcel described in said Book 1143,Page 185 a
distance of 454.50 feet to the POINT OF BEGINNING;
THENCE South 89'23'30"East continuing along the North line of that parcel described in said Book 1143,
Page 185 a distance of 113.50 feet to the Westerly line of that parcel of land conveyed in a deed
recorded November 6,1951 as Book 922,Page 268 of the Records of Larimer County;
THENCE South 45°25'43"East along said Westerly line a distance of 28.81 feet to the South line of that
parcel described in said Book 1143,Page 135;
THENCE North 89023'30"West alongthe South line of that parcel described in said Book 1143,Page 185 a
distance of 13427 feet;
THENCE North 00°41'23"East a distance of 20.00 feet to the North line of that parcel described in said
Book H 43,Page 185 and to the POINT OF BEGINNING.
Said parcel contains 2,478 square feet,more or Iess(±),and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
SURVEYOR'S GERTD?ICATE
I,Steven A.Lund,a Colorado Registered Professional band Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge and belief.
Steven A.Lund—on behalf of King Surveyors,Lie,
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
H.1Y008249aMtOPURTY DESC&CLOSURF$t(1RAP6 SrREET M&e-Moo
Page 1 of 2
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SECTION 36, T.BN., R.691V. NOTE: Thie exhibit drawing is not Intended to be a W m
O FOUND 3" BRASS CAP monumented land survey. It's sole purpose Is as o ?
Ln -O K IN CONCRETE — "STATE graphic representation to old In the visualization of N
m HIGHWAY DEPARTMENT' A.Steven Lund — on behalf of King Surveyors, Inc, the written property description which It accompanies. A
Colorado Registered Professional The written m
N A POINT OF COMMENCEMENT Land Surveyor property description supersedes the rn
y� y �34995 exhibit drawing.
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