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Home My WebLink About051 - 04/16/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE AND LANDSCAPING EASEMENT AND AN ACCESS EASEME ORDINANCE NO. 051, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE AND LANDSCAPING EASEMENT AND AN ACCESS EASEMENT ON THE HICKORY TRAIL PROPERTY TO CHARLES MESERLIAN WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado known as the Hickory Trail,as described on Exhibit"A",attached and incorporated herein (the "City Property"); and WHEREAS,Charles Meserlian(the"Developer")has requested a drainage and landscaping easement, as, described on Exhibit `B", attached and incorporated herein (the "Drainage and Landscaping Easement'), and an access easement, as described on Exhibit "C", attached and incorporated herein (the "Access Easement') on the City Property for the benefit of the Hickory Commons project,a residential development which the Developer is planning to construct adjacent to the City Property in the 300 Block of Hemlock Street (the"Development'); and WHEREAS, the proposed Drainage and Landscaping Easement will be used to carry stormwater flows from the westerly five feet of the Development to a water quality pond on the Development property and for the installation and maintenance of landscaping improvements for the Development; and WHEREAS,the proposed Access Easement will be used to provide a pedestrian connection between the Development and the Hickory Trail located on the City Property; and WHEREAS,the Developer will compensate the City$1,890 for the Easements and for staff processing time; and WHEREAS,City staff has identified no negative impacts to the City that will result from the granting of the Easements; and WHEREAS,Section 23-1 l 1(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 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 Easements on the City Property to the Developer as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements 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 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 19th day of March, A.D. 2013, and to be presented for final passage on the 16th day of April, A.D. 2013. r 0 F RT COO �� Ma o ATTEST: d �g :emu, City Clerk "FORA . Passed and adopted on final reading on the 16th day of April, A.D. 2013. Mayor ATTEST: OF ,pr �y.,.....FO., O ;Z .y City Clerk �ORADO• EXHIBIT"A" All that portion of the west 20.0 feet of the east half of vacated Fourth Avenue in Riverside Park in the City of Fort Collins, Larimer County, Colorado, that lies between the centerline of vacated Fourth Street and the East-West centerline of Section 2, T. 7 N., R. 69 W. of the Sixth Principal Meridian. Containing an area of 10,600 square feet or 0.24 of an acre, more or less. Page 1 of 2 � M N —�— EXHIBIT B — — Phone: (970) C8C-C970 ""' S P.O. Box 64 I Fax: (970) 284-6802 LAND 5UQ1/EYINQ, INC. Kersey, CO8OG44 www.EdmondsLand5urveyiny.eom EXHIBIT B 8' WIDE DRAINAGE AND LANDSCAPE.EASEMENT DESCRIPTION: Being located within Vacated Fourth Avenue adjoining Block 21,Riverside Park.located within the Southeast One-Quarter of Section 2.Township 7 North, Range 69West of-the 6m P.M.,City of Fort Collins.County of Lorimer,State of Colorado and Considering the North Line of the Southeast One-Quarter or Section 2.Township 7 North, Range 69 West of the 61h P.M.,as bearing N89°36'25"W and all bearings contained herein relative thereto: Commencing at the East One-Quarter Corner of Said Section 2.Thence N89036'25"W 1570.06 feet along the North line of the Southeast One-Quarter of said Section 2; Thence S00021'23"W 38.61 feet to the intersection of the South Right-of-way line of Hickory Street with the Centerline of Vacated Fourth Avenue,said point being the TRUE POINT . OF 13EOINNING: Thence S00021'23"W 450.12 feet along the centerline of said Vacated Fourth Avenue to the North Right-of-way line of-Fourth Street(also known as Hemlock Street); Thence S89034'07"E 8.00 feet along said North Right-of-way line;Thence N00021'23"E 450.12 feet parallel with the centerline of said Vacated Fourth Avenue to the South Right-of-way fine of Hickory Street; Thence N89°33'57"W 8.00 feet along said South Right-of-way line of Flickoiy Street to the TRUE POINT OF BEGINNING. Described Easement contains 3,601 Square Feet more or less. SURVEYOR'S STATENIENT: I.Robert M.Edmonds,a duly registered Professional Land Surveyor in the Slate of Colorado,do hereby state that this description was prcla e4bv me. Any modification of this description relieves this surveyor from any liability. JJ I; 37968 01¢ ,j14 . g Robert M.Edmonds yd✓' _ Colorado Professional Land Surveyor No.37968 ' EXHIBIT B Page 2 of 2 8' WIDE DRAINAGE AND LANDSCAPE EASEMENT BEING WITHIN VACATED FOURTH AVENUE, ADJOINING BLOCK 21,- RIVERSIDE PARK, BEING LOCATED `MTHIN THE SOUTHEAST Y4 OF SECTION 2, T7N, R69W OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. L .. HICKORY STREET PER4P'I nfGO HICKORY RIGHFCF-WAY WIDTH VARIES NLLAGE ED901NSION� I� N 8936'25" W 2647.01' ` _ _ NORTH LME SC11 5£C ION 2 TIN. R59W LC, SEC. 2, WIN. R6" \tF S00'21'23"W `N 8936'25" W 1570.06' \! FOUND 3$" ALUMINUM CAP SOUTH RIGHT-0E-WAY ONE 38.6�' Fy SEC. 2, TIN, 'S.MONUMENT, PLS 33642 OE WCKORY SiHEEi PE N8933'57"W FOUND 3" ALUMINUM CAP PLAT OF R6ERSIOE PARK 8 DD, MONUMENT, PLS 2L123 LOT 18 P.OB! LOT;7 / W i LOT 16 B OLR 2 LOT IS o i LOT li / z L011J' 2' / 20' WOE CITY OF FORT LOT IP / COLLINS PARCEL Q} (PARCEL NO, 97024-15-908) 2 LOT II O LOT 10 Q B. _ ti` 3 awl LOT 9 U... n N "Q LOT S O . Z MT LOT 7 / 8' WIDE DRAINAGE I AND LANDSCAPE EASEMENT ("'. S9FI) LOT 5 / ((D"U, THE WEST 8' OF THE / my OF FORT COUJNS PARCEL) LOT 5 SQ LOT 4 i LOT J — LDS 1 LOT I i UNE OFRFOURTHFS REET S89'34'07"E 8.00' FOURTH STREFT (HEMLOCK STREET) SCALE: 1"=60' 80'PRIPSIOE PaNN 5 Sol 90, PLATTED AS rWRlN SWEET STREET 9GN&ASS£SSLW. INFO AS H£MLOCA'SWEET . "CpNO'`T(Icy PREPARED BY: �, " PO BOX G41—I(LRSEY CO 80644 �� F' PHONE. (970) 68E 6970 Y 3]S'3 r �� —� FAA (970f 284 6802 ,t WWW.EdmondsLondSurveying com DRAINAGE AND LANDSCAPE EASEMENT t::1b: 03=60 BEING LOCATED WT THIN THE SON" AST Y. L=60' OF SECTION 2, T7N, R69W OF THE 6TH P.lA., Ftd CITY OF FORT COLLINS, COUNTY OF LARIMER, ROBERT M. EDMONDS, PLS 37968 STATE C COLORADO. PB(..i..NFL.10-0326 M b Nte> Page 1 of 2 .S EXHIBIT "C" Phone: (970) G86-6970 "' S P.O. Box G4 I Fax: (970) 284-6802 LAND SURk/EYfNC„ IN(?_ Kersey, CO 8OG44 www.EdmondsLand5urve#ng,eom EXHIBIT C PEDESTRIAN ACCESS EASEMENTS DESCRIPTION: Four(4)parcels being located within Vacated Fourth Avenue adjoining Block 21,Riverside Park; located within the Southeast One-Quarter of Section 2,Township 7 North.Range 69 West of the 6°i P.M..City of Fort Collins,County of Lorimer.State of Colorado and Considering the North Line of the Southeast One-Quarter of Section 2,Township 7 North,Range 69 West of the 6'"P.M.,as bearing N89°36'25"W and all hearings contained herein relative thereto Parcel 1: Commencing at the East One-Quarter Comer of Said Section 2,Thence N89"36'25"W 1570.06 feel along the North line of the Southeast One-Quarter of said Section 2; Thence S00°21'23"W 38.61 feet to the intersection of the South Right-of-way line of Hickory Street with the Centerline of Vacated Fourth Avenue; '['hence S00`21'23"W 65.23 feet along the centerline of said Vacated fourth Avenue to the POINT OF BEGINNING; ']'hence S00°21'23"W 16.00 feet continuing along said vacated Centerline: Thence S89°38'37"E 8.00 Peek Thence N00021'23"E 16.00 feet; thence N89°38'37`W 8.00 feet to the POINT OF BEGINNING. Together with: Parcel 2: Commencing at the East One-Quarter Corner of Said Section 2,ThenceN89°36'25"W 1570.06 feet along the North line of the Southeast One-Quaiterof said Section 2: Thence S00021'23"W 38.61 feet to the intersection of the South Right-of-way line of Flickory Street with the Centerline of Vacated Fourth Avenue; Thence S00o2 L'23"W 229.26 feet along the Centerline of said Vacated Fourth Avenuc to the POIN-I'OF BEGINNING; Thence S00°21'23"W 16.00 feet continuing along said vacated Centerline; Thorne S89°38'37"E 8.00 feet; Thence N00021'23"E 16.00 feeC thence N89°38'37"W 8.00 feet to the POINT OF BEGINNING. Together with: Parcel 3: Commencing at the East One-Quarter Corner of Said Section 2.Thence N89036'25"W 1570.06 feet along the North line of the Southeast One-Quarter of said Section 2: Thence S0002I'237'W 38.61 feet to the intersection of the South Right-of-way line of Hickory Street with the Centerline of Vacated Fourth Avenue: Thence S00'21'23"W 342.36 feet along the centerline of said Vacated Fourth Avenue to the POINT OF BEGINNING; *thence S00°21-23"W 16.00 feet continuing along said vacated Centerline: '[hence S8998'37E 8.00 leet; '['hence No0c2l'23"E 16.00 feet; thence N'89°38-37"W 8.00 feet to the POINT GF BEGINNING. And together with: Parcel 4: Commencing at the East One-Quarter Comer of Said Section I Thence N89136'25"W 157Ufi feet along the North line of the Southeast One-Quarter of said Section 2; Thence S00o21'23"W 38.61 feet to the intersection of the South Right-of-way line of Hickory Street with the Centorline of Vacated Fourth Avenue; Thence S00°21'23`W 438.12 feet along the centerline of said Vacated Fourth Avenue to the POINT OF BEGINNING; Thence S00o2l'23"W 1200'feet continuing along said vacated Centerline to the North Right-of-way line of Fourth Street(also known as Hemlock Street); Thence S89°34'07"L 8.00 feet along said North Right-of-way line; Thence N00"21'23"F. 1200. feet. thence N89°34'07"W 8.00 feet to the POINT OF BEGINNING. Described Easement contains a total of 480 Square Feet more m less. SURVEYOR'S STATEMENT: I,Robert M.Edmonds,a duly registered Professional Land Surveyor in the State of Colorado,do hercbv state that this description was prepared by me. Any modification ofthis description relieves this surveyor from any liability. Robert M.Edmonds '.: g.�:�„•�--.'•,'t''/1%�' Colorado Professional Land Surdec,i��JhF EXHIBIT C Page 2 of 2 PEDESTRIAN ACCESS EASEMENTS BEING FOUR PARCELS LOCATED WITHIN VACATED FOURTH AVENUE, ADJOINING BLOCK 21, RIVERSIDE PARK, BEING LOCATED WITHIN THE SOUTHEAST Y4 OF SECTION 2, T7N. R69W OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. HICKORY STREET 'RLAT o RIO„E' aCKT-roF-wAr PER PoaY relGlf)-aF-war vnonr vnarfs NuncE suOom S'ION�� N 8936'25" W 2647.01' _ NORRI LINE SEIZ4 SECTON 2, 17N R69W _ P. u;sEc. z, TIN R6Bw \�I — — 500'2123"W -N 89'36'25" W 1570.06' '•]— _ - FWNO ALUNINUN CAP U. SEC. 2. T)N, R69W MONUMENT, PLS 33642 SOUTH RIGHT-OF-Y/AY LINE 38.6�, Of 111CKOFY STREET PE FOUND 3" FL'JNINUM CAP PLAT OF RI�RS6E PARK MONUMENT, PLS 2012.1 LOT 16 LOT 17 BLOCK PEDESTRIAN ACCESS LOT 16 a L4 EASEMENT(1120 S9.FL) LOT 15 1 1L2 ' ¢� — LOT LOT rJ. L,Q li o 1`P z e O LOT r? ti- ¢P ¢ 20' WIDE CITY OF FORT -COLLNS PARCEL LOT 11 � PARCEL N0. 97024-15-908) N O N LOT IU < PEDESTRIAN ACCESS - '- -- - 'L4 EASEMENT(x128 SPY LOTa N '1L2 LOTS Ot LOT 7 AD, _o n LOT 6 1 1 PEDESTRIAN ACCESS LOTS .L4 EASEMENT(s1z8 S XQ LOT -. ._ J_, f '1L2 LOT J — LOT PEDESTRIAN ACCESS i¢Hr= LOT r ALB EASEMENT (h96 S,.Ft.) ORTY FrOURCHT SWAY L6 /✓� Z �. LINE OF FOOft1H TRCCi FOUR T-1 STREET N 9: slsss cl (HEMLOCK STREET) ��`•. �A�3 - I,' 80'RILNT-E IARY PEP PL4T LY SCALE: 1"=60' RIWPSILATIED AS S11FOURTH STREET) ..•v PLAAS SO INFO STREET %i� STREET SIGN ASSESSOR INFO AS HEMLOCK STREET _ ROBERT M. EDMONDS:'PLS 37968 LhNE TABLE LINE BEARING DISTANCE PREPARED BY E7,•ri:'A119j lyApJJ :.iJi:i't:;`INq 1/\';, Ll S00'21'23"W 16.00' 1 P.O. BOX 641-KERSEY, CO 80844 L2 S89'38'37"E 8.00' d.,- - PHONE (970) 686-6970 L3 N00'21'23 E 1 16.00' FAX. (970) 254-6802 L4 N89'38'37W 1 8.00 wn.EdmondsConOSuweying.com LS S00'21'23"W 12.00' TEMPORARY CONSTRUCTION Si QLE 03/01/13 CRAINAGE AND ACCESS CaSEA42AT _ L6 S89'}q'07"E 8.00' BEING LOCATED W�T114 THE SOU TiEAST /"=60' L7 N00'21'23"E 12.00' OF SECTION 2. T7N, R69W OF THE 6TH P.M., ;.;,rM^ae 8.5"x14" L8 i4893a'O7"W 9.00' CITY OF FORT COWNS, COUNTY OF LARIMER, STATE OF COLORADO. :'„'u �c:10-0326