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Home My WebLink About086 - 07/19/2011 - AUTHORIZING THE CONVEYANCE TO SOLITAIRE HOMES, LLC OF A PUBLIC TRAIL EASEMENT ON CITY PROPERTY ORDINANCE NO. 086, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO SOLITAIRE HOMES, LLC OF A PUBLIC TRAIL EASEMENT ON CITY PROPERTY WHEREAS, the City is the owner of a parcel of real property located in the area of LaPorte Avenue and Taft Hill Road in Fort Collins, Colorado, identified in County records as parcel number 97091-03-927 (the "Property"); and WHEREAS, the Property is approximately 1750 square feet in size and is managed by the Water Utility as the site of a valve vault; and WHEREAS, Solitaire Homes, LLC (the "Developer") is planning a 27 acre development adjacent to the Property called Sanctuary West (the "Development"); and WHEREAS, as a condition of approving the Development, the City is requiring the Developer to provide a trail connecting the Development to another nearby subdivision; and WHEREAS, the Developer has requested from the City a 438 square foot public trail easement on the Property for the purpose of constructing the trail (the "Easement"); and WHEREAS, the location of the proposed Easement is described on Exhibit "A", attached and incorporated herein by reference (the "Easement Area"); and WHEREAS, the proposed trail would be open to the public but the Developer would own and maintain the trail improvements; and WHEREAS, the Developer would pay the City $500 for the value of the Easement Area and $1,000.00 as an administrative fee to cover the costs of processing the easement request; and WHEREAS, City Utility staff has identified no negative impacts to the Property resulting from the grant of the proposed 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 Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, Section 23-111(b) of the City Code states that, with respect to real property which is a part of the City's water or utility systems, the City Council must 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 on the Property to the Developer as provided herein is in the best interests of the City, will not impair the viability of the City's Water Utility system as a whole, 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 Easement to the Developer 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 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 5th day of July, A.D. 2011, and to be presented for final passage on the 19th day of July, A.D. 2011. O�FORT CO`` yor ATTEST: ��;' °ZN �L+ AL City Clerk • •°°COLORP10O Passed and adopted on final reading on the 19th day of July, A.D. 2011. KrAor ATTEST: `�y•OF•FO`{pc V. .o P . 4 'z e � 0 • a City Clerk �'p'•• ,,,•.••'` �ORADO Exhibit "A" Page 1 of 2 EXHIBIT A PROPERTY DESCRIPTION Pedestrian Access Easement A parcel of land for easement purposes,being a part of:that parcel of land described in that Warranty Deed recorded March 31,1955 as Book 990 at Page 383 of the Records of Larimer County,situate in the Northeast Quarter(NEI/4)of Section Nine(9),Township Seven North (T.7N.),Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6th P.M.),City of Fort Collins,County of Larimer,State of Colorado arid being more particularly described as follows: BE, at the Southeast corner of that parcel of land described in Boole 990 at Page 383 and assuming the North.line of the South Half of the Southwest Quarter of the Northeast Quarter of said Section 9 as bearing North 89°12'28"West being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2007,a distance of 1307.65 feet with all other bearings containedherein relative thereto; THENCE North 89'12'28"West along the Southerly line of said parcel of land described in Book 990 at Page 383 a distance of 35.00 feet; THENCE North 00047'32"East along the Westerly line of said parcel of.land described in Book 990 at Page 383 a distance of 20.00 feet; THENCE South 66000'33"East a distance of 39.08 feet to the Easterly line of said parcel of land described in Book 990 at Page 383; THENCE South 00°47'32"West along the Easterly line of said parcel of land described in Book 990 at Page 383 a distance of 5.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 438 Square feet,more or less(f),and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land, SURVEYORS STATEMENT 1,Steven A.Lurid,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision end checking,and that it is true and correct to the best of my knowledge and belief.. Steven 1� Abelralf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 P.VW30ADU;C&CLOSU11eSW7 Padulriw Acceu D•naament-77rse.doc Pan 1 of 2 Exhibit "A" Page 2 of 2 PEDESTRIAN ACCESS EASEMENT T EXHIBIT A SECTION 9,ST.7QN., R.9W. Sheet 2 of 2 � � 9 , a 4 20 10 0 20 V h 1"= 20' 3 Q LOT27 Q RBPLA T OF Tffff CRENY ti ACRESSUBDIfr7SION I 5'IRMICA AON 91TC1?'EASEMENT TO )?/F OIr Li<FGWT COLLINS' BOUK 990, PACE 98J N89.12'28"W (BASIS OF BEARING) 1307.65' _ _ _ N89'72'28'1Y 106.64' CENTER—SOUTH—NORTH T CENTER—SOUTH—NORTHEAST _ SIXTY—FORTH CORNER SIXTY—FORTH CORNER SECTION 9, TJN., R.69W SIXTY—FORTH SECTION 9, UN., R.69W. CT/Y OF FORr COLLINS 0 �- Boa(-M,,Pqyc 983 3 N M PEDESTRIAN ACCESS EASEMENT L1 438 sgft. POINT OF BEGINNING SOLTTAM6170,W-E LLC REC'jvr 2aN6af67,S7 LINE TABLE LINE BEARING LENGTH Lt N89.12'28'W 35.00' L2 N00'47'32"E 20.00' a00 F;, .'1^ L3 S66'00'33"E 38.08' L4 300'47'32"W 5.00' Steven A -di LAf¢��y- ehoIf of King Surveyors, Inc. Colorado Regib et�d''Professlonal Land Surveyor #34995 NOTE: This exhibit drowing ls'not intended to be a monumented land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which It accompanies. The written property description supersedes the exhibit drawing. MNG SURVEYORS, ATE: 1/26/2011 INC.• PROJECT /2017307 650 F-Gurdcn Drive I Windsor,Colorado 90550 CLIENT:Solitoire Homes, LLC phone(970)686-5011 I fax:(970)686-5821 DWG 2007307EXH %nv v.kingsuivcyors•conn DRAWN:CSK CHECKED:SAL