HomeMy WebLinkAbout043 - 03/19/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT ON SALYER NATURAL AREA TO CHARLES ME ORDINANCE NO. 043, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
DRAINAGE EASEMENT ON SALYER NATURAL AREA TO CHARLES MESERLIAN
WHEREAS,the City is the owner of a parcel of real property known as Salyer Natural Area,
which is described on Exhibit "A", attached and incorporated herein by reference(the "City
Property"); and
WHEREAS,Charles Meserlian(the"Developer")is planning the Hickory Commons project,
a residential development located north of the City Property along Hemlock Street (the
"Development'); and
WHEREAS, in order to provide stormwater drainage for the Development, the Developer
is proposing to detain runoff in an on-site pond, then release the runoff through a pipe located in the
Hemlock Street right-of-way that would empty into an oxbow of the Poudre River located on the
City Property; and
WHEREAS,no construction would occur on the City Property,and no improvements would
be located on the City Property; however,the Developer requires an easement from the City to allow
for the change in the rate and location of the stormwater flows on the City Property as a result of the
Development; and
WHEREAS, the proposed easement would cover the westerly 190 feet of the City Property
as shown on Exhibit "B", attached and incorporated herein by reference (the "Easement'); and
WHEREAS, a surveyed legal description would be prepared 'before the City grants the
Easement, and;
WHEREAS,the Developer has paid a$1500 application fee to the Natural Areas Department
as compensation for City staffs time to process this request; and
WHEREAS, City staff has not identified any negative impacts to the City Property resulting
from the grant of the Easement; and
WHEREAS,Section 23-1 11(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 Easement on
the City Property to Charles Meserlian 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 Easement to Charles Meserlian 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 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
March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013.
ORT CO
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ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of March, A.D. 2013.
OF FOpq , Mayor
ATTEST: /� \�y,.• • Cl
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City Clerk �o
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EXHIBIT A
A tract of land situate in the Southeast 114 of Section 2, Township 7
North, Range 69 West of the Sixth P.M., Fort Collins, Colorado,
which considering the East line of the said Southeast 114 as bearing
due South and with all bearings continued herein relative thereto is
contained within the boundary lines which begin at a point on the
South line of Fourth Street which bears S 89057' W 1541.40 feet and
again South 568.95 feet from the East 1/4 corner of said Section 2,
said point of beginning 691.40 feet West of the Northeast corner of
Block 13, Riverside Park as per deeds recorded in Book 353, Page
544 and in Book 1105, Page 460 of the Larimer County Clerk and
Recorder's Office, and run thence South 1120.43 feet along a line
11.40 feet West of and parallel to the West line . of Blocks 16 and 17,
Riverside Park to a point on the approximate centerline of the Cache
Is Poudre River; thence along the said centerline, S 89030' W 302.53
feet and again S 85020' W 259.70 feet and again N 71047' W 197.00
feet and again N 45044' W 224.00 feet and again N 23-11' W 208.20
feet and again N 26-01120" W 171.13 feet to a point on the Easterly
line of a tract described in Book 1163, Page 552 of the Latimer County
Clerk and Recorder's Office; thence along said Easterly line N 46054'
E 90.00 feet and again N 32031' E 239.84 feet and again N 27046' W
267.53 feet and again N 10014' W 81.93 feet to a point on the South
line of Fourth Street; thence East 1010.48 feet along the South line of
Fourth Street to a point of beginning, County of Larimer, State of
Colorado.
Hickory Commons Drain a a Easement Area EXHIBIT B
•
Hickory Commons Property
Estimated Drainage Pipe Location
In Existing ROW
A � r
Drainage Easement Area
Hickory Commons Drainage Easement
VT
City of Fort Collins Natural Areas
HEMLOCK STREE City Parcels
MCMURRY NATURALAREA
AMP.
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SALYER NATURALAREA Lorimer County
FiCity of
t Collins
Natural
Areas Y
0 50 100 200 300eet
Created by City of Fort Collins Natural Areas - 2013