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HomeMy WebLinkAbout067 - 07/05/2011 - AUTHORIZING THE CONVEYANCE TO LARIMER COUNTY OF A PERMANENT NON-EXCLUSIVE STORM DRAINAGE EASEMENT ON ORDINANCE NO. 067, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO LARIMER COUNTY OF A PERMANENT NON-EXCLUSIVE STORM DRAINAGE EASEMENT ON CITY WASTEWATER UTILITY PROPERTY INCLUDING A PORTION OF PROSPECT PONDS NATURAL AREA WHEREAS, the City owns a parcel of land described as Tract "A", Prospect Ponds Industrial Park, and an adjacent parcel that is managed as Prospect Ponds Natural Area (together referred to as "the Property"); and WHEREAS, the Property was purchased by the City's Wastewater Utility to provide a buffer for the Drake Water Reclamation Facility, and a portion of it is managed by Natural Areas in order to minimize the costs to the Wastewater Utility of owning and maintaining the Property; and WHEREAS, Larimer County (the "County") is in the process of developing improvements to the existing Larimer County Detention Center campus ("LCDC"), located on i Midpoint Drive, including on-site detention for storm drainage from the LCDC; and WHEREAS, stormwater on the LCDC site is currently held in a retention pond, and in connection with its development of new improvements, the County will install a detention pond and construct a 30-inch underground pipe to convey the stormwater flows away from LCDC, in a manner consistent with City standards for management of stormwater; and WHEREAS; as part of this project, the County has requested a permanent, non-exclusive easement approximately 17,400 square feet in area on the Property, for its underground stormwater pipe and for the outlet of stormwater flows from the pipe into Skunk Pond, which is located on the Property (the "Easement'); and WHEREAS, the location of the proposed Easement is shown and described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, City staff has evaluated the potential impacts of the proposed Easement, and has concluded that the Easement would not interfere with the City's intended use of the Property, either as part of the natural area system, or as part of the City's wastewater system; and WHEREAS, due to the public safety purposes to be served by the County's LCDC improvements, and the City's direct interest in promoting these purposes, staff is recommending that no fees or compensation be charged in connection with the proposed Easement; and WHEREAS, at its regular meeting on May 11, 2011, the Land Conservation and Stewardship Board reviewed the proposed Easement and recommended that the City Council authorize the conveyance of it; and WHEREAS, at its regular meeting on May 26, 2011, the Water Board reviewed the proposed Easement and also recommended that the City Council authorize conveyance of it; 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 by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City; and WHEREAS, with respect to property that is a part of the City's water or utility systems, Section 23-111(b) of the City Code requires that the City Council also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens 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, as set forth herein, is in the best interests of the City, will not impair the viability of the wastewater system, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute a deed of easement conveying the Easement on such 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 7th day of June, A.D. 2011, and to be presented for final passage on the 5th day of July, A.D. 2011. or ATTEST: FORT 0.4 V: g 0) EAL City Clerk . : cOC OR -2- Passed and adopted on final reading on the 5th day of July, A.D. 2011. Nf4or ATTEST: O�FORT CO` •. L*OU' 'N • City Clerk 04 . • . a c©LORPOO -3- EXHIBIT "A" Page 1 of 4 LEGAL DESCRIPTION- DRAINAGE EASEMENT A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 20,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FT. COLLINS, LARIMER COUNTY, COLORADO, BEING A PORTION OF"TRACT A"OF PROSPECT INDUSTRIAL PARK OF RECORD AT P-37 992, RECORDS OF THE RECORDER'S OFFICE LARIMER COUNTY,COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUMENTED ATTHE NORTHWEST CORNER OF SAID SECTION 20 BY A 3 INCH ALUMINUM CAP STAMPED"LS 20123"IN A RANGE BOX AND AT THE NORTH ONE- QUARTER OF SAID SECTION 20 BY A 3 INCH ALUMINUM CAP STAMPED"LS 20123"IN A RANGE BOX,WITH THE LINE CALCULATED TO BEAR S89"01'33"E WITH ALL BEARINGS RELATIVE THERETO. BEGINNING AT THE WESTERLY CORNER OF SAID"TRACT A";THENCE N33"18'35"E ALONG THE WESTERLY LINE OF'TRACT A",A DISTANCE OF 23.89 FEET; THENCE LEAVING SAID WESTERLY LINE OF"TRACT A"THE FOLLOWING THREE(3)COURSES ACROSS SAID"TRACT A": 1. S70°24'380E A DISTANCE OF 41.97 FEET; 2. N33.16'38"E A DISTANCE OF 442.26 FEET; 3. S67001'42"E A DISTANCE OF 40.11 FEET TO A POINT ON THE EASTERLY LINE OF SAID 'TRACT A"; THENCE S33018'35 W ALONG SAID EASTERLY LINE OF"TRACT A"A DISTANCE OF 30.50 FEET; THENCE LEAVING SAID EASTERLY LINE OF"TRACT A"THE FOLLOWING THREE(3)COURSES ACROSS SAID"TRACT A": 1. N67.01'42"W A DISTANCE OF 9.60 FEET; 2. S33"16'38"W A DISTANCE OF 440.60 FEET: 3. N70024'38"W A DISTANCE OF 53.86 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID "TRACT A% THENCE N49602'03"W ALONG SAID SOUTHWESTERLY LINE OF"TRACT A"A DISTANCE OF 18.62 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 15,650 SQUARE FEET,OR 0.359 ACRES, MORE OR LESS. EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. I,CHARLES BERESFORD,A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF,ARE CORRECT. �pp00 tI... CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR C�rSBERFs�;ram COLORADO REGISTRATION No. 35583 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. •" 583 8000 S. CHESTER STREET, SUITE 200 9: CENTENNIAL, COLORADO 80112 A •.•Q� PAGE 1 OF 2 dA1 LAN�S� NVCO259NDocuments\surveylET-UTEM-SD01 Legal Descriptlon.cloc NORTHWEST CORNER SECTION 20 BASIS OF BEARINGS NORTH 1/4 CORNER SECTION 20 TWP. 7 NORTH, RANGE 68 WEST NORTH LINE OF THE TWP. 7 NORTH, RANGE 68 WEST 3 INCH ALUMINUM CAP STAMPED NORTHWEST 1/4 OF SECTION 20 3 INCH ALUMINUM CAP STAMPED "LS 20123" IN A RANGE BOX S89'01'33"E 2649.04' "LS 20123" IN A RANGE BOX A �3 A O, `A''o pro '�K CITY OF FF. COLLINS PARCEL #8720100920 . LOT 1 MIDPOINT SELF STORAGE L5 SUBD/U/SION M 109 2389rV (Q 30 c 4- �- LINE TABLE: �C NN � cad �" Ll:N33'18'35"E 23.89' cm w fu �� 1-2:S70'24'38"E 41.97' L3:S67'01'42"E 40.11' ° A)� L4.S33'18'35"W 30.50' o, tiTo� _ 1-5:N67'01'42"W 9,60' �9po °Fc� L6:S3316'38"W 440.80' TRACT A L7:N70*24'38"W 53.86' PROSPECT L8:N49'02'03"W 18.62' "5FP INDUSTRIAL PARK Z P-37 992 0 50' 100' 200• 1'-r� CITY OF LOT 34 Apo Fr a COLLINS PROSPECT INDUSTRIAL PARK R.N. 20020448E P-37 992 1 inch = 100 ft, o PARCEL CONTAINS 15,650 SOUARE FEET OR 0.359 ACRES, MORE OR LESS. This exhibit does not represent a monumented survey. it is intended only to depict the attached description. " DATE: 5/2/11 TIME: 3:29;20 PM EXHIBIT. FOR LEGAL DESCRIPTION SHEET NUMBER w NETWOft PA1HLH� DRAINAGE EASEMENT 2 ea I N:\FCO259\CAW\SURREY NMTE VERTICAL-FIVE DWO NAME: ET-UTEId-SD01 OWC thin LAYOUT: kLw t1 OF 2 SHEETS COMMM' m 10OI11 DESIGNER; CBMGR: RKI JOB NUMBER mx 3DIUMU a 1a MRt141oM PAT miftur l PREPARED FOR: LARIMER COUNTY DATE SUBMITTED: 06/02/2011 JOB NUMBER EXHIBIT "A" Page 3 of 4 LEGAL DESCRIPTION- DRAINAGE EASEMENT A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 20,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FT.COLLINS, LARIMER COUNTY, COLORADO, BEING A PORTION OF THAT PARCEL OF LAND OWNED BY THE CITY OF FT. COLLINS, BEING KNOWN AS PARCEL NUMBER 8720100920, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE NORTHWEST CORNER OF SAID SECTION 20 BY A 3 INCH ALUMINUM CAP STAMPED"LS 20123"IN A RANGE BOX AND AT THE NORTH ONE- QUARTER OF SAID SECTION 20 BY A 3 INCH ALUMINUM CAP STAMPED"LS 20123"IN A RANGE BOX,WITH THE LINE CALCULATED TO BEAR S89001'33"E WITH ALL BEARINGS RELATIVE THERETO. COMMENCING AT THE NORTHERLY CORNER OF LOT 34, PROSPECT INDUSTRIAL PARK OF RECORD AT P-37 992, RECORDS OF THE RECORDER'S OFFICE,LARIMER COUTY, COLORADO; THENCE N33"18'35"E ALONG THE EASTERLY LINE OF"TRACT A"OF SAID PROSPECT INDUSTRIAL PARK AND ALSO ALONG A WESTERLY LINE OF SAID CITY OF FT.COLLINS PARCEL A DISTANCE OF 17.35 FEET TO THE POINT OF BEGINNING; THE N33°18'35"E CONTINUING ALONG SAID EASTERLY LINE OF"TRACT A'OF PROSPECT INDUSTRIAL PARK AND ALONG SAID WESTERLY LINE OF THE CITY OF FT.COLLINS PARCEL A DISTANCE OF 30.48 FEET; THENCE LEAVING SAID EASTERLY LINE OF"TRACT A"OF PROSPECT INDUSTRIAL PARK AND LEAVING SAID WESTERLY LINE OF THE CITY OF FT.COLLINS PARCEL,THE FOLLOWING THREE(3)COURSES ACROSS SAID CITY OF FT.COLLINS PARCEL: 1. S66051'25"E A DISTANCE OF 56.41 FEET; 2. S23"08'35 W A DISTANCE OF 30.00 FEET; 3. N66"51'25"W A DISTANCE OF 61.79 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,773 SQUARE FEET,OR 0.041 ACRES,MORE OR LESS. EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. 1,CHARLES BERESFORD,A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF,ARE CORRECT. QQs..s aeilC�sFo fg S=pStT( uPo1 a•" 55133 •o CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR � L • ••• S� COLORADO REGISTRATION No. 35583 ••AL p�O FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 8000 S. CHESTER STREET, SUITE 200 CENTENNIAL,COLORADO 80112 PAGE.1 OF 2 N:VFCO259\Documentstsurvey\ET-UTEM-SD02 Legal Descrlptlon.doc NORTHWEST CORNER SECTION 20 BASIS OF BEARINGS NORTH 1/4 CORNER SECTION 20 TWP. 7 NORTH, RANGE 68 WEST NORTH LINE OF THE TWP. 7 NORTH, RANGE 68 WEST 3 INCH ALUMINUM CAP STAMPED NORTHWEST 1/4 OF SECTION 20 3 INCH ALUMINUM CAP STAMPED "LS 20123" IN A RANGE BOX A S89'01'33"E 2649.04' "LS 20123" IN A RANGE BOX 463j27g 8.60' 0 r �3 CITY OF FT. COLLINS PARCEL #8720100920 LOT 1 MIDPOINT SELF STORAGE SUBDA4SION .o M 109 2389 0/4,, I cc4'yF�c m s ��Ftir I1�Y I i o LINE TABLE: L1:N3318'35"E 17.35' L2: N33'18'35"E 30.48' c�`�a TriAcr A 1-3: S66'51'25"E 56.41' 9�p PROSPECT L4: S23'08'35"W 30.00' yyo INDUP-37 2ARK L5:N66'51'25"W 61.79' rOG CITY OF FT. COLLINS �F1Pk R.N. 2002044880 a 50, too' 20U' �'-9i LOT 34 PROSPECT INDUSTRIAL PARK "90 P-37 992 ° 1 inch = 100 ft. o PARCEL CONTAINS 1.773 SQUARE FEET OR 0.041 ACRES, MORE OR LESS. This exhibit does not represent a monumented survey. it is intended only to depict the attached description. N I DATE 5/4/11 TME: 7:23:30 AM EXHIBIT FOR LEGAL DESCRIPTION SHEET NUMBER ' o PATH: N:\FCO259\CADD\91RKY DRAINAGE EASEMENT 2 OW0 NAME ET-UTEM-SD02DNa NOLTE VERTICALFIVE 2 SHEETS LAYOUT: L.w tl OF �,. role a OMM#TRW.&M M mnewM, m I= m Ily�ym,fl IeumAlm PAX DESIGNER CB MSR: Rw PREPARED FOR: LARIMER COUNTY DATE SUBMITTED: 05/04/2011 F08NUMBER 0259