The URL can be used to link to this page

Home My WebLink About056 - 05/18/2010 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE DRAINAGE EASEMENT ON CITY PROPERTY TO PROVINCETOWNE, LLC ORDINANCE NO. 056, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE DRAINAGE EASEMENT ON CITY PROPERTY TO PROVINCETOWNE, LLC WHEREAS, the City is the owner of two parcels of real property located in Fort Collins, Colorado, identified in County records as parcel number 96134-29-909, to be known as Water's Way Neighborhood Park(the"Park Property")and 96134-00-929,known as Pelican Marsh Natural Area(the "Natural Area Property"); and WHEREAS, in 2006, the City granted a permanent drainage easement across the Park Property (the "Conveyed Easement") to KB Home Colorado, Incorporated for the benefit of it's development, Provincetowne P.U.D. Filing Three (the "Development"); and WHEREAS, the City is ready to develop the Park Property and would like to realign the Conveyed Easement Area to facilitate the planned improvements; and WHEREAS, City staff has proposed a new drainage easement which will cross the Park Property, as well as, the Natural Area Property, as described on Exhibit "A", attached and incorporated herein (the "New Easement Area"); and WHEREAS,the alignment of the New Easement Area will require that a new easement(the "New Easement")be granted to the owner of the Development which is now Provincetowne, LLC (the "Developer") ; and WHEREAS,the City will vacate the Conveyed Easement since it will no longer be needed by the Developer; and WHEREAS, the City was compensated $10,475 in 2006 for the Conveyed Easement; and WHEREAS, the City will not seek additional compensation since the City's development of the Park Property caused the need for the New Easement; and WHEREAS,City staff has identified no negative impacts to the City resulting from the grant of the New Easement or vacation of the Conveyed Easement; and WHEREAS,Section 23-111(a)of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the Council first finds,by ordinance,that such sale or other disposition is in the best interest 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 New Easement on the City Property to Provincetowne, LLC as provided herein is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the New Easement to Provincetowne, LLC on 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 are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions 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 4th day of May, A.D. 2010, and to be presented for final passage on the 18th day ay, A.D. 2010. r Mayor ATTEST: ki N� " i City Clerk Passed and adopted on final reading on the 18th day of ay, A.D. 2010. Mayor ATTEST: , VAL L City Clerk EXHIBIT A DESCRIPTION OF AN OFFSITE DRAINAGE EASEMENT LOCATED ON THE CITY OF FORT COLLINS PROPERTY TO BE DEDICATED TO PROVINCETOWNE WEST, LLC An Offsite Drainage Easement located in the southeast quarter of Section 13 Township 6 North Range 69 West of the Sixth Principal Meridian, City Of Fort Collins, Larimer County, Colorado, a portion of the said easement is also located in Outlot I of the Plat of Provincetowne P.U. D. Filing No. 2, a plat of record with the Clerk and Recorder of the said Larimer County, a portion of ,the said easement is also located in that certain Tract of Land as described in a Decree Quieting Title recorded February 12, 1996 at Reception No. 96010201 records of the said Clerk and Recorder, being more particularly described as follows; Considering the east line of the southeast quarter of the said Section 13 as bearing North 00 degrees 10 minutes 59 seconds East between a 3.25" Aluminum Cap Monument at the southeast corner and a 3.25" Aluminum Cap Monument at the east quarter corner of Section 13, based upon G.P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southwest most corner of the said Outlot I of the Plat of Provincetowne P.U. D. Filing No. 2 the southwest most corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the northwesterly line of the said Outlot I. North 40 degrees 13 minutes 34 seconds East for a distance of 145.43 feet to the southerly line of the additional Road Right of Way as declared in City of Fort Collins Ordinance No 169, 2006; THENCE along the said southerly line, along a non-tangent curve to the left having a radius of 78 . 00 feet a central angle of 53 degrees 24 minutes 17 seconds and an arc length of 72. 70 feet, being subtended by a chord of North 66 degrees 55 minutes 43 seconds East for a distance of 70. 10 feet; THENCE continuing along the said additional Right of Way, and its northeasterly extension and along the southeasterly Right of Way of Bellewood Court as dedicated on the said Plat of Provincetowne P. U. D. Filing No. 2, North 40 degrees 13 minutes 34 seconds East for a distance of 307. 50 feet; THENCE leaving the said southeasterly Right of Way, South 49 . degrees 46 minutes 26 seconds East for a distance of 53. 66 feet; THENCE South 37 degrees 52 minutes 17 seconds West for a distance of 441. 60 feet; THENCE along a non-tangent curve to the right having a radius of 155. 00 feet a central angle of 34 degrees 43 minutes 49 seconds and an arc length of 93. 95 feet, being subtended by a chord of South 25 degrees 56 minutes 27 seconds East for a distance of 92. 52 feet; Page 1 of 2 THENCE South 08 degrees 34 minutes 32 seconds East for a distance of 168 . 83 feet; THENCE along a curve to the left having a radius of 85. 00 feet a central angle of 44 degrees 22 minutes 26 seconds and an arc length of 65. 83 feet, being subtended by a chord of South 30 degrees 45 minutes 45 seconds East for a distance of 64 .20 feet; THENCE South 52 degrees 56 minutes 58 seconds East for a distance of 163. 08 feet; THENCE South 82 degrees 15 minutes 31 seconds East for a distance of 32 . 92 feet to the southwesterly line of Outlot A of the Plat of Provincetowne Filing Three, a plat of record with the said Clerk and Recorder; THENCE along the said southwesterly line,- along a non-tangent curve to the right having a radius of 450.00 feet a central angle of 09 degrees 02 minutes 23 seconds and an arc length of 71. 00 feet, being subtended by a chord of South 05 degrees 17 minutes 00 seconds East for a distance of 70. 92 feet; THENCE leaving the said southwesterly line, non-tangent from the previous curve, North 82 degrees 15 minutes 31 seconds West for a distance of 68 . 81 feet; THENCE North 52 degrees 56 minutes 58 seconds West for a distance of 179. 54 feet; THENCE along a curve to the right having a radius of 155. 00 feet central angle of 44 degrees 22 minutes 26 seconds and an arc length of 120 .04 feet, being subtended by a chord of North 30 degrees 45 minutes 45 seconds West for a distance of 117 . 07 feet; THENCE North 08 degrees 34 minutes 32 seconds West for a distance of 168. 83 feet; THENCE along a curve to the left having a radius of 85. 00 feet a central angle of 53 degrees 48 minutes 32 seconds and an arc length of 79. 83 feet, being subtended by a chord of North 35 degrees 28 minutes 48 seconds West for a distance of 76. 93 feet; THENCE North 62 degrees 23 minutes 04 seconds West for a distance of 69 . 15 feet to the southwesterly extension of the said northwesterly line of outlot I; THENCE along the said extended line, North 40 degrees 13 minutes 34 seconds East for a distance of 11. 84 feet to the point of beginning. Containing 77, 124 square feet (1. 771 acres) more or less. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 `"��quiunrgy�rr�fr P.O. BOX 580 FORT COLLINS, CO 80522 ``��P�oCE�CRq��j,� N�s;�la/o9 Nvc� Page 2 of ?_ ,!4�+0 so , :• .:.. �i •.....«,., CCilt LOCATION SKETCH CITY TO PROVINCETOWNE WEST, LLC OJ " G V 00 '� ." OU71'OT/ 1w0l111Va hwz'PUD �V POB 17ZINC Na P Q cs� 1 4 � NITS SEPTEMBER 10, 2009 ,N , � t t RECEPAON A40 \� 96010201 `�<s PrPOl4NCE70lYNE X 17ZINC THREE �9 + Course Hearing Distance ti LI N 40'13134' E 145,43' �p L2 N 40*13134' E 307.50' L3 S 494461266 E 53.86, L4 S 37052'17' W 441.60' OFF SITE DRAINAGE L5 S 08.34'32' E 168.83' EASEMENT L6 S 52.56158' E 163.08' L7 S 82.15131' E 32.92' 77,124 SQ.FT. L8 N 82*15131' W 69.61' L9 N 52056158' W 179.54' LID N 08034132' W 168.83' Lll N 62023'04' W 69,15' L12 N'40'13'34' E 11.84' Curve Radlus Length Delta Cl 78.00' 72.70' 53.24'17' C2 155.00' 93.95' 34.43'49' THIS SKETCH AND THE AREAS C3 95.00' 65.83' 44.22'26' SHOWN DEPICT THE ATTACHED C4 45D.00' 71.00' 9'02'23' PROPERTY DESCRIPTION ONLY, C5 I55AW 120.04' 44'22'26' AND 00 NOT REPRESENT A C6 85.00, 79,03' 53.48'32' MONUMENTED BOUNDARY SURVEY. K\SURV\PROJ\P@R\PROV\.DWG