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Home My WebLink About085 - 07/19/2011 - AUTHORIZING THE CONVEYANCE TO CAPSTONE DEVELOPMENT CORPORATION OF THREE EASEMENTS ON STORMWATER UTIL ORDINANCE NO. 085, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO CAPSTONE DEVELOPMENT CORPORATION OF THREE EASEMENTS ON STORMWATER UTILITY PROPERTY AT CREEKSIDE PARK WHEREAS, the City owns a parcel of land in the 1800 block of South College Avenue known as Creekside Park (the "City Property"); and WHEREAS, the City Property was purchased by the City's Stormwater Utility for Spring Creek improvements and is managed by the Parks Department; and .WHEREAS, Capstone Development Corporation ("Capstone") is in the process of developing a mixed use development with student housing and retail space north of the Property near Stuart Street and South College Avenue ("the Project") and WHEREAS, the property on which the Project would be built (the "Project Property") is currently in the Spring Creek floodway and Chapter 10 of the City Code does not allow new residential structures in the floodway; and WHEREAS, Capstone chose to revise the flood hazard boundaries of the Project Property in order to remove it from the floodway,and has received from the City and the Federal Emergency Management Agency a Conditional Letter of Map Revision(CLOMR)to proceed with the Project; and, WHEREAS, as part of the CLOMR, Capstone is required to construct a flood control channel to carry flows across the Project Property to the Spring Creek channel; and WHEREAS,to facilitate the operation of this channel Capstone is requesting from the City a permanent non-exclusive easement on the City Property approximately 8,785 square feet in area to channel water across the City Property to Spring Creek during rainfall events (the "Channel Easement"); and WHEREAS, the location of the proposed Channel Easement is shown and described on Exhibit "A", attached and incorporated herein by this reference; and WHEREAS, as part of its Project, Capstone has also requested a permanent,non-exclusive easement on the City Property approximately 8,140 square feet in area to move sheet flows of storm runoff from a parking lot on the Project Property across the City Property to Spring Creek (the "Sheet Flow Easement"); and WHEREAS, the location of the proposed Sheet Flow Easement is shown and described on Exhibit "B", attached and incorporated herein by this reference; and 5 WHEREAS, as part of its Project, Capstone has also requested a Temporary Construction Easement on the City Property approximately 9,342 square feet in area to construct a trail connection and a stormwater pipe (the "Temporary Construction Easement"); and WHEREAS, the location of the proposed Temporary Construction Easement is shown and described on Exhibit"C", attached and incorporated herein by this reference; and WHEREAS, City staff has evaluated the potential impacts of the proposed Easements and does not believe that the Channel Easement, the Sheet Flow Easement or the Temporary Construction Easement would interfere with the intended use of the City Property, either as part of the City's stormwater utility system or as a park; and WHEREAS, Capstone has agreed to pay the City$12,480 for the Easements and$1,000 for processing its easement request; and, WHEREAS,at its regular meeting on June 16,2011,the Water Board reviewed the proposed Easements and recommended that the City Council authorize their conveyance; and WHEREAS,Section 23-11 l(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 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 Easements, as set forth herein, is in the best interests of the City, will not impair the viability of the stormwater system, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to Capstone 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 description of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. -2- Introduced,considered favorably on first reading,and ordered published this 5th day of July, A.D. 2011, and to be presented for final passage on the 19th day of July, A.D. 2011. O�FpR..CO�l�y M or ATTEST: �„° ° 1 • a City Clerk U6OR Passed and adopted on final reading on the 19th day of July, A.D. 2011. yor ATTEST: FORT•CO! . City Clerk COLORP -3- EXHIBIT "A" Page 1 of 2 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, AND BEING A PORTION OF THAT PARCEL OF RECORD AT RECEPTION NUMBER 0089010788, RECORDS OF THE RECORDER'S OFFICE, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE NORTHEAST CORNER OF SAID SECTION 23 BY A FOUND 3 INCH ALUMINUM CAP STAMPED "LS 17497, 1991"IN A RANGE BOX,AND AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 23 BY A FOUND 2-1/2 INCH ALUMINUM CAP STAMPED"LS 17497, 1991" IN A RANGE BOX, CALCULATED TO BEAR S00002'16"E WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHWEST CORNER OF LOT 2 OF THE SPRING COURT SUBDIVISION; THENCE S89036'51'E ALONG THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 143.78 FEET; THENCE LEAVING SAID SOUTH LINE OF LOT 2 THE FOLLOWING THREE(3)COURSES ACROSS SAID PARCEL OF RECORD AT RECEPTION NUMBER 0089010788 AND RECEPTION NUMBER 0088007557: 1. S00021'42"WA DISTANCE OF 54.12 FEET; 2. S83043'44"W A DISTANCE OF 90.00 FEET; 3. N82005'33'W A DISTANCE OF 60.70 FEET TO THE EAST RIGHT-OF-WAY OF THE C& S RAILROAD; THENCE 1\106012'38"E ALONG SAID EAST RIGHT-OF-WAY OF THE C & S RAILROAD A DISTANCE OF 56.90 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 8,785 SQUARE FEET, OR 0.202 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. 0 � Vim: BEgF� r 03.1Y'iI°g: 5583 s��NAL LA�O�� CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION No. 35583 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 8000 S. CHESTER STREET, SUITE 200 CENTENNIAL, COLORADO 80112 PAGE 1 OF 2 N:VFCB0254\Cadd\SU rvey\Legals%PRMAEM02.doc �NE CORNER SEC. 23 STUART STREET FND 3 INCH ALUMINUM CAP LOT 1—B — — STAMPED REPLAT OF PART "LS 17497. 1991" OF LOT 1 LOT 1—A IN MONUMENT BOX SPRING COURT REPL-AT OF PART 0 SUBDIVISION OF LOT 1 F- a SPRING COURT m o SUBDIVISION m D: — D m In J C d A PORTION OF fh C o y LOT 2 C m f 0 1_n 0 POINT OF SPRING COURT A PORTION OF m Z W BEGINNING SUBDIVISION LOT 2 M m o?o .kf SOUTHWEST SPRING COURT = m U CORNER SUBDIVISION m I I, m x LOT 2 = N N3 > r, � mrn — W 15' SEWER LINE ESMT. 15'BOOK SEWER LINE ESMT. D P rn y BOOK 1157 PAGE 286 BOOK 1157 PAGE 28 N �w8 -C � !L S8F36'S1"E 143.78' — �o CY C? N- tD N (0 te) z oIf) S83°43'44"1N o ItP 90.00 CITY OF FT. COLLINS N E 1/4 CORNER N82605 33 W R.N. 0089010788 ��. : SEC. 23 60.70' PARCEL9723106903 I FND 2-1/2 INCH ALUMINUM CAP STAMPED "LS 17497. 1991" IN MONUMENT BOX 1 irich = 80 ft. w PARCEL CONTAINS 8,785 SQUARE FEET OR 0.202 ACRES, MORE OR LESS. � This exhibit does not represent a monumented survey. It is intended only to depict the attached description, rD N NOL7ZDATE: 3/14/11 TIME: x3B 28 PMATH: CAMPUS-EDGE AT CSU SHEET NUMBER .. NETWORK-N EXHIBIT FOR LEGAL DESCRIPTION 2 N PATH, o B E Y 0 N D E N 0 1 N E E R 1 N B DWG NAME, PRMAEMnM DRAINAGE AREA EASEMENT LAYOUT; Loyouti OF 2 SHEETS w NO IL VAd-WOK Ofa!O tnmmK Comm DESIGNER• C8 MGR: TGB JOB NUMBER aasMAW is. U1226 N FAX nIU OLTE2011 PREPARED FOR: CAPSTONE DEVELOPMENT DATE SUBMITTED 03/14/2011 OOB NUMBER EXHIBIT "B" Page 1 of 2 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23; TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO,AND BEING A PORTION OF THOSE PARCELS OF RECORD AT RECEPTION NUMBER 0089010788 AND RECEPTION NUMBER 0088007557, RECORDS OF THE RECORDER'S OFFICE, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE NORTHEAST CORNER OF SAID SECTION 23 BY A FOUND 3 INCH ALUMINUM CAP STAMPED "LS 17497, 1991"IN A RANGE BOX, AND AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 23 BY A FOUND 2-1/2 INCH ALUMINUM CAP STAMPED"LS 17497, 1991" IN A RANGE BOX, CALCULATED TO BEAR S00002'16"E WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTHWEST CORNER OF LOT 2 OF THE SPRING COURT SUBDIVISION, THENCE S89°36'51"E ALONG THE SOUTH LINE OF SAID LOT'2 A DISTANCE OF 143.78 FEET TO THE POINT OF BEGINNING; THENCE S89036'51"E CONTINUING ALONG SAID SOUTH LINE OF LOT 2 A DISTANCE OF 163.73 FEET; THENCE LEAVING SAID SOUTH LINE OF LOT 2 THE FOLLOWING SIX(6)COURSE$ACROSS SAID PARCELS OF RECORD AT RECEPTION NUMBER 0089010788 AND RECEPTION NUMBER 0088007657: 1. S00'23'094W A DISTANCE OF 23.04 FEET; 2. S75°16'41"W A DISTANCE OF 47.16 FEET; 3. S11°01'14"E A DISTANCE OF 21.88 FEET; 4. S8502349"W A DISTANCE OF 54.38 FEET; 5. N79057'37"W A DISTANCE OF 69.31 FEET; 6. N00021'42"E.A DISTANCE OF 49.89'FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 8,140 SQUARE FEET, OR 0.187 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. coy'•°•88��°,s�`o •O`/•rS•ft�g; 33!�583 •� s��NAL LA�as° CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION No. 35583 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 8000 S. CHESTER STREET, SUITE 200 CENTENNIAL,COLORADO 80112 PAGE 1 OF 2 N:1FCB02541C add1S urvey\Legals\PRMAEM05.doe - r fV W _ N NE CORNER SEC. 23 Q FND 3 INCH a o _ ,STUART STREET STAMPED M CAP LOT 1-B 5 REPLAT OF PART "LS 17497, 1991" C OF LOT 1 IN MONUMENT BOX 0: SPRING COURT LOT 1—A O SUBDIVISION REPLAT OF PART OF LOT 1 IF,� I �3 SPRING COURT m V SUBDIVISION frI D m cn A PORTION OF A r o D LOT 2 C m oN 0 POINT OF SPRING COURT A PORTION OF m Z N COMMENCEMENT SUBDIVISION LOT 2 ^rn a?o " SOUTHWEST SPRING COURT CORNER POINT OF SUBDIVISION ( � m m LOT 2 9EGINNING { S ro A rig 15' SEWER LINE ESMT. 15' SEWER LINE ESMT. D Cm pa BOOK 1157 PAGE 288 BOOK 1157 PAGE 288 � N to N 1" H S89'36'51"E 143.78' Ll ap Pa ........ 0 40' 80' 1fi0' w L7 L2 —� w L3 LINE TABLE L6 L4 L1: SW36'51"E 163.73' { ut 1 inch = 80 M L5 L2: S00'23'09"W 23.04' o� CITY OF FT. COLLINS L3: S75916'41"W 47.16' { N� E 1/4 CORNER R.N. 0089010788 L4: S11'01'14"E 21.88' SEC. 23 PARCEL #9723106903 L5: S85'23'49"W 54.38' FND 2-1/2 INCH ALUMINUM CAP AND L6: N79'57'37"W 69.31' STAMPED R.N. 0088007557 L7: N00`21'42"E 49.89' "LS 17497, 1991" PARCEL #9723106920 IN MONUMENT BOX PARCEL CONTAINS 8,140 SQUARE FEET OR 0.187 ACRES, MORE OR LESS. This exhibit does not represent a monumented survey. It is intended only to depict the attached description. NETWORK;NOOM DATE 4/15hi TIME 8:1928 AM CAMPUS-EDGE AT CS SHEET NUMBER `PATH; N:\fC80254\CADD\SURVEY\LEGALS EXHIBIT FOR LEGAL DESCRIPTION 2 &o B E Y 0 N D E N 0 1 N E E R I N B DWG NAME PRMAEMOB.DWO LAYOUT: Lavmtl DRAINAGE EASEMENT Df 2 SHEETS 6 1000 S Oh�1 =✓1h '�lOfQ DESIGNER: CB MGR; TGB J08 NUMBER m aoe�ae�oo Te >bi1�Ne1 FAX tmJ1oLTEC011 PREPARED FOR: CAPSTONE DEVELOPMENT DATE SUBMITTED. 04/15/2011 JOB EXHIBIT "C" Page 1 of 3 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, AND BEING A PORTION OF THOSE PARCELS OF RECORD AT RECEPTION NUMBER 0089010788 AND RECEPTION NUMBER 0088007557, RECORDS OF THE RECORDER'S OFFICE, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE NORTHEAST CORNER OF SAID SECTION 23 BY A FOUND 3 INCH ALUMINUM CAP STAMPED "LS 17497, 1991" IN A RANGE BOX,AND AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 23 BY A FOUND 2-1/2 INCH ALUMINUM CAP STAMPED"LS 17497, 1991" IN A RANGE BOX, CALCULATED TO BEAR S00002'16"E WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTHWEST CORNER OF LOT 2 OF THE SPRING COURT SUBDIVISION,THENCE S89036'51"E ALONG THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 227.92 FEET TO THE POINT OF BEGINNING; THENCE S89036'510E CONTINUING ALONG SAID SOUTH LINE OF LOT 2 A DISTANCE OF 253.06 FEET; THENCE LEAVING SAID SOUTH LINE OF LOT 2 THE FOLLOWING SEVENTEEN (17)COURSES ACROSS SAID PARCELS OF RECORD AT RECEPTION NUMBER 0089010788 AND RECEPTION NUMBER 0088007557: 1. S00023'09"W A DISTANCE OF 13.21 FEET; 2. S46001'22"E A DISTANCE OF 69.83 FEET; 3. S13"01'22"E A DISTANCE OF 25.82 FEET; 4. S76°58'38"W A DISTANCE OF 25.00 FEET; 5. N13001'22"W A DISTANCE OF 18.42 FEET; 6. N46001'22"W A DISTANCE OF 78.84 FEET; 7. N89°36'51"W A DISTANCE OF 9.04 FEET; 8. S36007'28"W A DISTANCE OF 37.57 FEET; 9. N58057'38"W A DISTANCE OF 11.12 FEET; 10. N66006'39"W A DISTANCE OF 17.52 FEET; 11. S00023'09"W A DISTANCE OF 20.40 FEET; 12. N74027'38"W A DISTANCE OF 31.08 FEET; 13. N00023'09"E A DISTANCE OF 22.79 FEET; 14. N78004'45"W A DISTANCE OF 6.04 FEET; 15. N79022'12"W A DISTANCE OF 34.36 FEET; 16. N89036'51"W A DISTANCE OF 83.38 FEET; 17. N35000'00"W A DISTANCE OF 24.53 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 9,342 SQUARE FEET, OR 0.214 ACRES, MORE OR LESS. EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. PAGE 1 OF 3 N:TC80254\Cadd\Survey%LegalsNPRMAEM04-REV t.doc EXHIBIT "C" Page 2 of 3 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. Pee r�'�-�sF V; �S RFs�.p QG e rr 558 O. CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION No. 35583 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 8000 S. CHESTER STREET, SUITE 200 CENTENNIAL, COLORADO 80112 i PAGE 2 OF 3 N:\FCB0254%CaddlsurveylLegalslPRMAEM04-REV 1.doc I �NE CORNER SEC. 23 o STUART STREET FND 3 INCH Oa — — _ _ ALUMINUM CAP LOT 1—B STAMPED REPLAT OF PART "LS 17497, 1991" OF LOT 1 SPRING COURT LOT 1—A A IN MONUMENT BOX 1n SUBDIVISION REPLAT OF PART a OF LOT 1 1�-1 SPRING COURT V SUBDIVISION R1 y m to A PORTION OF C 0 m LOT 2 Z I? 00 En POINT OF SPRING COURT A PORTION OF rC: IQ In COMMENCEMENT SUBDIVISION LOT 2 m 0) 0 SOUTHWEST SPRING COURT = m m CORNER POINT OF SUBDIVISION p m LOT 2 j ING n i 15' SEWER LINE_ESMT. 15' SEWER LINE ESMT. � m0 to BOOK 1157 PAGE 288 BOOK 1157 PAGE 28B Nio In s89 3s'S1`E 22�.92' 36'51"E 253.06' 00 LINE TABLE v = y Ll: S00'23'09"W 13.21' L1 � ea• lea - L2: S46'01'22"E 69.83' 9'36'51"W L74 L3: S13'01 22 E 25.8283.38' . L4: N13'01'22"W 18.42' 500'00"W L13 07 L6 0 1 inch = 80 ft. L5: N46'01'22"W 78.84' 24.53' L12 L8 0 L6: N89'36'51"W 9.04' L9 L5 N L7: S36'07'28"W 37.57' L10 L4 L8: N58'5T38"W 11.12' CITY OF FT. COLLINS S76'S8'38"W R.N. 0089010788 L9: N66'06'39"W 17.52' PARCEL #9723106903 25.00' L10; S00'23'09"W 20.40' AND L11: N74'27'38"W 31.08' R.N. 0088007557 E 1/4 CORNER L12: NOO'23'09"E 22.79' PARCEL #9723106920 SEC. 23 L13: N78'04'45"W 6.04' FND 2-1/2 INCHALUMINUM CAP L14: N79'22'12"W 34.36' STAMPED ro "LS 17497, 1991" ! PARCEL CONTAINS 9,342 SQUARE FEET OR 0.214 ACRES, MORE OR LESS. IN MONUMENT BOX (DD This exhibit does not represent a monumented survey. It is intended only to depict the attached description. w NETWORK•s'B/„ nME: 8:54:46 AY CAMPUS-EDGE AT CSU ��T NUMBER � 0 PATHL. N:\FCB02S4\CADD\SURNEAI.EGALS EXHIBIT FOR LEGAL DESCRIPTION S w g• B E Y 0 N 0 E N E I N E E R I N B DWG NAME:.... PRMAEM04—REVI.DWG TEMPORARY CONSTRUCTION EASEMENT LAYOUT: Lavouti OF $ SHEETS 1 0 i r 3 m T �'ANC SoNIfD DESIGNER: CB MGR• TGB JOB NUMBER m� mumwno>Ieolruc mralTEnr PREPARED FOR: CAPSTONE DEVELOPMENT DATE SUBMITTED: 06/08/2011 DV8048800