HomeMy WebLinkAbout025 - 03/15/2011 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE PERMANENT EASEMENT ON FOSSIL CREEK REGIONAL OPEN SPACE ORDINANCE NO. 025, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE PERMANENT
EASEMENT ON FOSSIL CREEK REGIONAL OPEN SPACE TO THE
COLORADO DEPARTMENT OF TRANSPORTATION
WHEREAS, Larimer County is the owner of a parcel of real property located in Fort
Collins, Colorado, more particularly described on Exhibit A, attached hereto and incorporated
herein by reference (the "Property"), which Property is part of the Fossil Creek Regional Open
Space (the "Open Space"); and
WHEREAS, in 2001, pursuant to Ordinance No. 003, 2001, the City and County entered
into an intergovernmental agreement (the "IGA") regarding the acquisition and management of
property that is now part of the Open Space, including the Property; and
WHEREAS, in 2009, pursuant to Resolution 2009-102, the City and County entered into
an amended and restated version of the IGA; and
WHEREAS, the IGA states that the City and County will each acquire certain parcels of
land around Fossil Creek Reservoir and then convey interests in those parcels to one another so
that the City and County will each own a 50% interest in all the land that makes up the Open
Space; and
WHEREAS, the County is in the process of conveying a 50% interest in the Property to
the City, but that transaction has not yet been completed; and
WHEREAS, the Colorado Department of Transportation (CDOT) has requested a
permanent easement (the "Easement") on the Property in connection with the Interstate 25 and
State Highway 392 intersection improvement project; and
WHEREAS, the Easement is more particularly described on Exhibit B, attached and
incorporated herein by reference; and
WHEREAS, the Easement would be used to maintain a connection between wetlands on
each side of Highway 392 and to meet surface flow and water volume needs during large storm
events; and
WHEREAS, as consideration for the grant of the Easement CDOT will pay the City
$1,000.00 plus processing fees of$500.00 as required by the Natural Areas Easement Policy; and
WHEREAS, CDOT will also compensate the County for the Easement; and
WHEREAS, CDOT will be required to restore and reseed the land following completion
of its improvements within the Easement area, and consequently City staff has identified no
negative long-term impacts resulting from the grant of the Easement; and
WHEREAS, Section 23-111(a) of the City Code states 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 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 on the Property to CDOT as
provided herein, following the conveyance of a 50% interest in the Property from the County to
the City as contemplated by the IGA, is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute, in cooperation with
Larimer County, such documents as are necessary for the City and County to convey the
Easement to CDOT 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 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 1st day of
March, A.D. 2011, and to be presented for final passage on the th ay of March, A.D. 2011.
May
ATTEST:
'City Clerk
Passed and adopted on final reading on the 15tydayof arch, A.D. 2011.
Mayo
ATTEST:
City Clerk
Exhibit "A"
Property Description
Parcel Number:
86150-00-912
Legal Description:
TR W SW 1/4 15-6-68 DESC: FTC, BEG AT SW COR,N 0 20' E AND ALG W LN
1244 FT, S 43 22' E 355 FT, S 57 YE 405 FT, S 45 42' E 490 FT, S 61 45' E 437.39 FT,
S 0 22' W 209.12 FT TO S LN, S 89 41' W ALG S LN 1325.5 FT TPOB
(NC65S894100W); EX RD AS PER 92054025
Exhibit "B"
PROJECT NUMBER:•iM-392A-0.12
PERMANENT EASEMENT NUMBER: PE-1
PROJECT CODE: 16639
DATE:January 22,2010
DESCRIPTION
A Permanent Easement No.PEA of the D8p2rtment of Transportation,Slate of Colorado Project
No.IM 392A-012 Proposed Patcel_containing 3,558 sq.t(0.08 acres),more or less,in Section
15,Township 6N,Ran ge;68W,.of.the 6lh Principal Meridian,in Lorimer County,Colorado,said
tract or parcel being more particularly described as follows:
Commencing at a point on the north Right-of-Way Line of State Highway No, 3.92 as described In
Reception No,0206402W,Latimer County reoords,from.whence the SW Corner of Section 15'
bears S..86'48'53"W.,a distance of 1327.57 feel,said point also being the TRUE POINT OF
BEGINNING;
1.Thence along said north Right-of—Way line S.89°23'55"W.,adistance of 50.1a feet;
2.Thence departing said north Right-of-Way]Ina N.00.36'04"W..a distance of'70.35 feet;
3.Thence N.89'23'56"E.,a distance of 51,00 feet to the vrost line of a parcel as described in
Reception No.2005.011D472,Larirner County r%ords;
4.Thence along said west line S:00"05'07"W.,a distance of 70.36 feet,more or less,to the
TRUE POINT OF BEGINNING.
The above described Permanent Easement contains 3,558 sq.ft.(0.08 acres),morapr less.
The purpose of the.above-described Permanent Easement is for access,construction,and
malntence.ofdrainage structure(s).
Basis of Bearings_All bearings are based on a line between the SW Corner of sold Section 1s
and the Witness Corner to the S%Corner of.said Section 15.as being N.80024'06"E.
For and on behalf of. "
HCL Engineering and Surveying,LLC
Richard D.Muntean,PLS 38169 QpDD LIEF
(303)773-1605 0�.•0 p.MG.YS`FO,
0570 Kingston Ct.,Ste.310 p y
Englewood,CO 80112 Z�( Zf•2oiM 01
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