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HomeMy WebLinkAbout042 - 03/19/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE OUTFALL EASEMENT AND A TEMPORARY CONSTRUCTION ORDINANCE NO. 042, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE OUTFALL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON ARCHERY RANGE NATURAL AREA TO COTTONWOOD LAND AND FARMS WHEREAS, the City is the owner of a parcel of real property known as Archery Range Natural Area,which is described on Exhibit"A",attached and incorporated herein by reference(the "City Property"); and WHEREAS, Cottonwood Land and Farms, LLC("Cottonwood")is the owner and operator of the East Rigden Pit gravel mine, located west of the City Property (the,"Pit'); and WHEREAS,as part of the reclamation of the Pit,Cottonwood is planning to drain water from the Pit back into the Poudre River; and WHEREAS, Cottonwood is requesting from the City a non-exclusive drainage outfall easement that would be used to convey water from the Pit to the Poudre River via a buried pipeline across the southwestern portion of the City Property, as well as a temporary construction easement; and WHEREAS,the proposed easements are shown and described on Exhibit`B",attached and incorporated herein by reference (the "Easements"); and WHEREAS,Cottonwood has paid a$1500 application fee to the Natural Areas Department as compensation for City staffs time to process this request, and would also pay $132 as compensation for the Easements, a restoration fee of$269, and a $40 mitigation payment for lost ecological goods and services due to the project; 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 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 City Council hereby finds that the conveyance of the Easements on the City Property to Cottonwood Land and Farms, LLC 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 Cottonwood Land and Farms, LLC 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 or to effectuate the purpose of this Ordinance, 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. Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. 4�y-ct `\y OF FOl?Tc0 yor 1' �� ATTEST: { At �`J cOL ORAL*) City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. ATTEST: OF FART May r :r City Clerk c �. o�CRADO EXHIBIT "A" DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS RESOURCE RECOVERY FARM A L'ract of land located in Sections 21, 22, 27 and 28 , Township 7 North, Range 66 West of the Sixth Principal Meridian, Larimer County, Colorado, the said tract is also a portion of that certain tract of land described in a Warranty Deed recorded October 2, 1979 in Book 1992 at Page 280 records of the Clerk and Recorder of the said Larimer County, the said tract is also a portion of .that certain tract of land described in Exhibit "B" as attached to an Easement Agreement Recorded September 6, 1995 Ect Reception No. 95055231 records of the said Clerk and Recor-ier, being more particularly described as follows; Considering the south line of the Southeast quarter of Section 21 as bearing North 88 degrees 44 minutes 39 seconds West between a LS 20605 Aluminum Cap monument at the south quarter corner of the said Section 21 and a LS 17497 Aluminum Cap monument at the southeast corner of Section 21, based upon G. P .S. observation and with all bearing contained herein relative thereto; Commencing at the Southeast Corner of the said Section 21; THENCE along the south line of the said southeast quarter, North 88 degrees 44 minutes 39 seconds West fcr a distance of 300 .61 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said south line, South 19 degrees 13 minutes 46 seconds East- for a distance of 84 .31 feet; TJ1rNCE South 04 degrees 13 minutes 14 seconds East for a distance of 593 .72 feet; THENCE, South 23 degrees 43 minutes 07 seconds East for a distance of 336 .44 feet; THENCE. South 36 degrees 26 minutes 05 seconds East for a distance of 422 .60 fact; THENCE North 62 degrees 39 minutes 07 seconds East for a distance of 26 .49 feet; THENCE South 39 degrees 56 minutes 06 Se.conds East for a distance of 94 . 04 feet; THENCE North 87 degrees 25 minutes 24 seconds East for a distance of 159. 71 feet; THL•'NCE South 59 degrees 25 minutes 23 seconds East for a dist•.ance of 135 .83 feet• ; THENCE South 03 degrees 16 minutes 50 Seconds East for a distance of 107 . 19 feet; THLNCE North 85 degrees 41 minutes 26 seconds East for a distance of 48 .38 feet ; THENCE North 43 degrees 51 minutes 33 soaonds East for a distance of 68.66 feet to the westerly right of way of I-25 as shown on a Boundary Survey of the Strauss Cabin Trailhe:ad Property performed by LS17497 (myself) for t•he said City of ForL Collins in October 1986 ; THENCE along the said westerly right of way the fo3lowing PAGE 1 OF 3 three (3) courses and distances, (1) North 12 deg:cees 32 minutes 55 seconds West for a distance of 891 . 19 feet; (2) North 02 degrees 42 minutes 21 seconds West for a distance of 304 .35 feet; (3) North 12 degrees 25 minutes 28 seconds Wei;t for a distance of 321 . 64 feet ; THENCE continuing along the said westerly :right of way as shown on a survey by LS14023 and as defined in the property description shown in the said Book 1992 at Page 280 the following seven (7) courses and distances, (1) North 12 deg:raes 38 minutes 14 seconds West for a distance of 968 . 64 feet ; (2) North 25 degrees 25 minutes 54 seconds West for a distance of 425 , 50 feet; (3 ) along a curve to the right having a radius of 11680 .00 feet a central angle of 03 degrees 00 minutes 01 :;•:conds and an arc length of 611 . 62 feet, being, subtended by a chord of North 09 degrees 52 minutes 54 seconds West for a distance of 611 , 55 feet; (4) North 06 degrees 05 minutes 36 seconds East for a distance of 417 .50 feet; (5) along a curve to the right having a radius of 11583 . 00 feet a central angle of 06 degrees 33 minutes 06 seconds and an arc length of 1324 .49 feet, being subtended by a chord of North 03 degrees 07 minutes 19 seconds West for a distance of 1323 , 77 feet; (6) North 00 degrees 11 minutes 08 seconds East for a distance of 53 . 90 feet; (7) North 06 degrees 05 minutes 24 seconds West for a distance of 345 .66 feet to the north line of a Permanent Easement as recorded in Resolution 88-66 recorded June 13 , 1988 at Reception No. 88026808 records of the said Clerk and Recorder; THENCE, along the said north line and along the east line of the said easement recorded at Reception No. 880i6808 the following seven (7) courses and distances, (1) South 69 decrees 57 minutes 13 ecconds West for a distance of 1059 .64 feet,; (2) North 36 degrees 10 minutes 43 seconds West for a distance of 3.17 . 93 feet ; (3) North 17 degrees 41 minutes 20 seconds East for a distance of 404 .31 feet; (4) along a curve to the left having a radius of 612. 96 feet a central angle of 40 degrees 05 minutes 20 seconds and an arc length of 428 . 68 feet, being subtended by a chord of North 02 degrees 21 minutes 20 seconds West for a distance of 120.18 feet; (5) North 22 degrees 24 minutes 00 seconds West for a distance of 110 .41 feet; (6) along a curve to the right having a raci.us of 532 . 96 feet a central angle of 14 degrees 20 minutes 52 =.e:conds and an arc length of 133 .46 feet, being subtended by a chord of North 15 degrees 13 minutes 34 seconds West for a distance of 133 .11 feet; (7) non-tangent from the previous curve, Ncrth 44 degrees 22 minutes 29 seconds East for a distance of 136 . 14 feet to the existing south right of way of East Prospect Rca.d; THENCE along the said south right of way, being a line which is 30 . 00 feet (measured at right angles) south of and parallel with PAGE 2 OF 3 the north line of the said northeast quarter of the said Section 21 North 80 degrees 21 minutes 25 seconds West for a distance of 394 . 38 feet to the east line of that certain tract of land described in a Special Warranty Deed recorded May 1, 1997 at Reception No. 97026804 records of the said Clerk and Recorder; THENCE along the said east line, South 32 degrees 18 minutes 02 seconds East for a distance of 560.68 feet to the south line of the said tract described at Reception No. 97026304; THENCE along the said south line, South 88 degrees 25 minutes 55 seconds West for a distance of 127 . 80 feet to the east line of the Mining and Reclamation Agreement Regarding Resource Recovery Farm Property as filed with the Clerk' s Office of the said City of Fort Collins having an "effective date" of April 24, 2000; THENCE along the said east line of the Miring and Reclamation Agreement the following three (3) courses and distances, (1) South O1 degrees 12 minutes 28 seconds West for a distance of 3588 . 51 feet; (2) South 39 degrees 41 minutes 47 seconds East for a distance of 229 .49 feet; (3) South 06 degrees 41 minutes 55 seconds East for a distance of 119'7 . 3.0 feet to the north line of that certain tract of land described in a Bargain and Sale Deed recorded September 6, 1995 at Reception No. 95055229 records of the said Clerk and Recorder; TIIFNCE along the said north line, South 08 degrees 40 minutes 11 seconds East for a distance of 103 .42 feet to the northerly line of that certain tract of land described in a Bargain and Sale Dead recorded September 6, 1995 at Reception No. 95055230 records of the said Clerk and Recorder; THENCE along the said northerly line, North 61 degrees 21 minutes Ol seconds East for a distance of 306.0!) feet to the said south line of the southeast quarter of Section 21; THENCE along the said south line, South 8e degrees 44 minutes 39 seconds East for a distance of 564 . 61 feet to the point of beginning. Containing 156 .467 Gross Acres more less. The above described tract is subject to the said Easement granted at Reception No. 88026808 , The said easement contains 5 ,118 acres more or less , The net area for the above described tract is 151,.369 acres more or less . The above described tract is also subject to any other easements and rights of ways now existing or of record that encumber the property. I hereby state that the above description was pre,Pared by me and is true and correct to the best of my professional knowledge, belief and opinion. This description is based upon previously compiled descriptions and not upon a actual field survey. WALLACE C. MUSCOTT COI,ORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 3 OF, 3 EXHIBIT B Permanent and Temporary Easement Proncrty Description Parcel PIE, A strip of land.Twenty(20)feet in width,for permanent easement purposes,being part of the Southwest Quarter (SW I/4)of Section Twenty-seven(27),Township Seven North(T.79.),Range Sixty-eight West(R68W.)of the Sixth Principal Meridian(e P.M.),County of larimer,State of Colorado,said strip of land lying Ten(10)feet,as measured at a right angle,on each side of the following described reference line: COMMENCING m the Southwest Comer of said Section 27 and morning the West line of the Southwest Quarter (SWI/4)of mid Section 27,being monumental'ized by a 3 1/4"diameter illegible brass cap in concrete on the South end and by two reference monuments being 2 318"diameter pipes with a 3 1/4"diameter aluminum raps stamped "LSI2374 1996"on the North end,as tearing North 00'07'06"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1993/2007,a d'amnce of 2622.59 feet,with all bearings contained herein relative thereto: THENCE North 00°07'06"West along the West line of the Southwest Quarter(SW 1/4)of said Section 27 a distance of 1678.01 feet to a point being Ten(10)feet,as measured at a right angle,Northeasterly of the Northeasterly Rightof- Way line of the Great Westem Railway Company,said Northeasterly Right-of-Way line being Fifty(50)feet,as measured at a right angle,Northeasterly of and parallel with the centerline of the main track of said Great Wei em Railway Company; THENCE South 56°58'18"East along a line being Ten(10)feet,as measured at a right angle,Northeasterly of and parallel with said Nonheaslerly Right-of--Way line a distance of936.63 feet to the Westerly line of that parcel of land described in that Warranty Deed recorded August 9,1983 in Book 2232 at Page 108 of the records of the l.arimer County Clerk and Recorder,Said point being the POINT OF BEGINNING of said reference line; THENCE continuing South 56'58'18"East along a line being Ten(10)feel,as measured at a right angle,Northeasterly of and parallel with said Northeasterly Right-of-Way line a distance of94.91 feet,said point being the POINT OF TERMINATION of said reference line. The sidelines of said strip of land shall be lengthened or shortened to terminate on the Westerly line of that parcel of land described in said Warranty Deed at the Point of Beginning and at a line dmwn perpendicular to said reference line at the Point uVramination. Said snip of land contains 1398 sq.ft.,more or less(t),and may be subject to any righmof--way or other casements of record or as now existing on said described strip of land. Parcel TCE A strip of land,Twenty(20)feet in width,for temporary construction easement purposes,being part of the Southwest Quarter(SWI/4)of Section Twenty-seven(27),Township Seven North(T.7N.),Range Sixty-eight West(R68W.)of the Sixth Principal Meridian(6°P.M.).County of Larima,Stale of Colorado,the Southwesterly line of said strip of land lying Ten(10)feet,as measured at a right angle,Northeasterly of and parallel with the previously described reference line: The sidelines of said strip of land shall be lengthened or shortened to terminate on the Westerly line of that parcel of land described in said Warranty Deed at the Point of Beginning and at a line drawn perpendicular to said reference line at the Point of Termination. Said strip of land contains 2012 sq.R,more or less(i),and may be subject to any rights-of-way or other easements of record or as now existing on said described strip of land. SURVEYOR'S STATEMENT 1,Michael Chad Dilka,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking and than it is true and correct to the best of my knowledge and belief. P O /C :U ,u 38106 v o o O •L Michael Chad Diilm-on Ifo King Surveyors,Inc. Colorado Licensed Professinual Land Surveyor#38106 KING SURVEYORS,INC. 650 East Garden[hive Windsor,Colorado 80550 (970)686-5011 IN:2012099 LA2012099\property descriptionslEASFMFNT-FORT COLLINS PROPERTY.docx Last printed 11/12012 6:14:00 PM