HomeMy WebLinkAbout128 - 11/20/2012 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT ON CITY PROPERTY TO CLOUD PEAK RANCH ORDINANCE NO. 128, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
DRAINAGE EASEMENT ON CITY PROPERTY TO CLOUD PEAK RANCH, LLC
WHEREAS,the City is the owner of a parcel of real property located at 2313 Kechter Road
in Fort Collins, Colorado, identified in the County records as parcel number 86080-00-913 (the
"City Property"); and
WHEREAS,the City Property is approximately 16 acres in size and is managed by the City's
Real Estate Services Department as part of the Land Bank Program; and
WHEREAS, Cloud Peak Ranch, ,LLC (the "Developer") is planning a 39.53 acre
development south of the City Property called Mail Creek Crossing PLD/PD (the"Development");
and
WHEREAS, in order to provide stormwater drainage for the Development, the Developer
is requesting a 2,346 square foot drainage easement across the City Property for the installation and
maintenance of new stormwater drainage improvements (the "Improvements"); and
WHEREAS, the Improvements would be sized appropriately in order to sufficiently
accommodate stormwater drainage flows from the Development as well as future flows from the
City Property after it is developed; and
WHEREAS,the proposed easement would cross a portion of the northwest corner of the City
Property as shown on Exhibit"A",attached and incorporated herein by reference(the"Easement");
and
WHEREAS, the Developer has agreed to pay the City $2,690 as compensation for the
Easement and for City staff s 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 related work; 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 Easement on
the City Property to Cloud Peak Ranch, 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 Easement to Cloud Peak Ranch, 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 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 6th day of
November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D.
2012.
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City Clerk
Passed and adopted on final reading on the 20th day of November, A.D. 2012.
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City Clerk
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Exhibit"A"
ADDRESS: PHONE:970.221A158
NORTHERN 200S.College Ave.Suite 10 �'"'•q.norther WE.nxt
ENGINEERING Fort Collins,CO M24 FAX:970.2L!4159 nengimeringcam
DESCRIPTION
A Drainage Easement located in the Northwest Quarter of Section 8, Township 6 North.
Range 68 West of the Sixth Principal Meridian; County of Larimer, Stale of Colorado
being more particularly described as follows:
Considering the North line of the Northwest Quarter of said Section 8 as bearing South
89°12'26"West with all bearings contained herein relative thereto:
COMMENCING at the North Quarter Corner of said Section 8; thence along the North
line ofthe Northwest Quarter, South 890 12'26"West,670.15 feet; thence, South
00°47'34"East, 30.00 feet to a point on the East right-of-wav line as recorded at
Reception No. 20080021947,said point also being the POINT OF BEGINNING;
thence, North 89°12'53"East, 5.91 feet; thence, South 00°20'26" West, 127.74 feet;
thence, North 89e40'16"West, 20.00 feet to said East right-of-way;thence along said
East line the following 4 courses and distances: North 00°20'26"East; 102.60 feet;
thence along a curve concave to the Southeast, having a central angle of 88e52'00"with a
radius of 13.00 feet, an arc length of 20.16 feet. and the chord of which bears North
44°46'26"East, 18.20 feet;thence,North 89312'26"East, 1.58 feet; thence, North
00°47'34"West, 12.00 feet to the POINT OF BEGINNING.
Contains 2,346 square feet more or less, and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
September 21, 2012
LMS
SASu ey lobs\379-017TDescriptions\379-017 Drainage Easement Description 9-21-12.doc
EXHIBIT A
A DRAINAGE EASEMENT LOCATED IN THE NW a OF SECTION 8, TOWNSHIP 6 NORTH,
RANGE 68 WEST OF THE 6th P.M., COUNTY OF LARIMER, STATE OF COLORADO
— .NORTH QUARTER CORNER
SECTION 8-b68
POINT OF — FND 86 REBAR w/
BEGINNING 3-1/4'ALUMINUM CAP IN
N00047'34"W 12.00'
KECHTER ROAD MONUMENT BOX,LS 33642
(COUNTY ROAD 36)
N89012'26"E L58' _ _ sas°12'2
� S00°dT34'E 670.157
Delta= 88052'00" i��30.00'
R=13.00' L=20.16' N89°12'53"E 5.91' NORTH LINE:
(BASIS BEARINGS) a
Dir- N44046'26"E — — - —
Chord= 18.20' POINT OF
COMMENCEMENT
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W O
N
O N N
RIGHT-OF-WAY PER O
REC.NO.20080021947 N p
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DRAINAGE
EASEMENT
2,346 sq.0.
N89°40'16"W 20.00'
PROPOSED KECHTER
CROSSING PLANNED
LAND DIVISION
I �
® NORTH SCALE ■� I NORTHERN
III _ 501 ENGINEERING