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Home My WebLink About061 - 08/21/2012 - AUTHORIZING THE CONVEYANCE OF A NONEXCLUSIVE DRAINAGE AND LANDSCAPING EASEMENT AND AN ACCESS EASEMEN ORDNANCE NO. 061, 2012 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 CITY PROPERTY TO CORNERSTONE ASSOCIATES, LLC WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado, described as Lot 2, Northside Aztlan Community Center, and known as Old Fort Collins Heritage Park (the "City Property"); and WHEREAS, Cornerstone Associates, LLC (the `Developer') has requested a drainage and landscaping easement, as described on Exhibit "A", attached and incorporated herein (the "Drainage and Landscaping Easement"), and an access easement, as described on Exhibit "B" attached and incorporated herein (the "Access Easement") on the City Property for the benefit of its development, Legacy Senior.Residences PDP (the "Development"), which the Developer is planning to construct at 360 Linden Street; and WHEREAS, the proposed Drainage and Landscaping Easement would be used to provide stormwater outfall from the Development's detention pond across the City Property to the Poudre River and for the installation and maintenance of landscaping improvements to serve as a transition and buffer between the Development and the Poudre River; and WHEREAS, the proposed Access Easement would be used to provide a pedestrian connection between the Development and the Poudre Trail located on the City Property; and WHEREAS, the Developer would compensate the City $6,200 for the Easements and for staff processing time; and WHEREAS, the Easements are located within the area covered by the 2004 Administrative Order on Consent between the Environmental Protection Agency, Public Service Company, Schrader Oil Company and the City, and within the boundaries of a former landfill subject to a State-approved soil Characterization and Management Plan; and WHEREAS, as a condition of granting the Easements the City would require the Developer to comply with the requirements of the Administrative Order on Consent and the Soil Characterization Management Plan; and WHEREAS, City staff has identified no negative impacts to the City resulting from the granting of the Easements; and v 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 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 Drainage and Landscaping Easement and Access Easement 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 Drainage and Landscaping Easement and Access 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 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 loth day of July, A.D. 2012, and to be presented for final passage on the 21 st day of August, A.D. 2012. 4pPj COLLi 0 Ma r ATTEST: •�O Interim City Clerk Passed and adopted on final reading on the 21 st day of August, A.D. 2012. Mayo ATTEST: Vo6-fi6 City Clerk may.••"•••. .o cry'' ' 4� S t0 LORADO• ;�� — ADDRESS: PHONE:970.221.4153 NORTHERN tea s.ca„ege,a,,e. Suite 10 WEBSITE: E N G I N E E R I N G Fort Collins,CO 80524 FAX:970.221.415? N^"r'u.northernengineering.com EXHIBIT A A drainage and landscape easement being a portion of Lots 2 and 3,Northside Aztlan- Community Center, located in the Northwest Quarter of Section 12, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the Southwesterly line of Lots 2 and 3, Norths ide Aztlan Community Center as bearing North 48°18'50" West and with all bearings contained herein relative thereto: BEGINNING at the Southerly comer of said Lot 2;thence along the southwesterly line of Lots 2 and 3,North 48'18'S0"West, 390.41 feet;thence,North 41°41'10"East, 8.61 feet to a point the southwesterly line of an existing Trail Alignment; thence along said southwesterly line the following 4 course and distances: South 53°15'50"East, 63.82 feet;thence, South 57°21'50"East, 127.68 feet; thence along a curve concave to the Southwest having a central angle of 14°59'03"with a radius of 175.00 feet, an arc length of 45.77 feet and the chord of which bears South 49°52'20"East, 45.64 feet;thence, South 42022'50"East, 116.50 feet;thence departing said southwesterly line, North 6Y 16'42"East, 105.11 feet to the westerly right-of-wav line of Linden Street; thence along said westerly right-of-way line, South 41041'10"West, 53.56 feet; thence, South 63°36'42"West, 49.69 feet to the southwesterly line of said Trail Alignment; thence along said southwesterly line, South 42°22'50"East, 18.65 feet to said westerly right-of- way line of Linden Street;thence along said westerly right-of-way line, South 41°41'10" West,19.32 feet to the POINT OF BEGINNING. The above described drainage and landscape easement contains 11,198 square feet more or less and is subject to all easements and rights-of-way now on record or existing. June 7, 2012 LMS S\Survey Jobs\683-001\Dwg\ExhibiLe\683-001 Drainage&Landscape Ewement Edubit 6-7-12.doc EXHIBIT A A DRAINAGE AND LANDSCAPE EASEMENT BEING A PORTION LOTS 2&3,NORTHSIDE AZT-AN COMMUNITY CENTER,LOCATED IN THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE GTH P.M., CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO LOT] NORTHSICE AZTLAN GUrvB TObIB LOT S COMMUNITYCENTER CUR.£ p TA NpUi LENGTH I B .Kl C1Yi61 NORT1iSI0E.>:Tl?N Ct te'sP¢Y ITSaO e6m I B,Y.TINE eSeP COMMUNITY CENTER m E,KC.G b'.wE 'C1— --Z'$ r...191 LINE TABLE iMLAL4WENT •� _gg��..]�. 101 cCCE55 r�^ yJRI 'f� y x 13dIYAt .4? ''ENT - uLl Lf1 v .1N __�� — ` P rry ae.d+»�atau,+wwacAw nrnr+xnmr.IxowJ:S�xsua�.itaaivl o LI maA wee svw L7 u Lai- wr n'ttlE I r 10'N¢E MOUNTAIN STATES POINT OF TELEPNONE.0 MLE-P DMwACEB BEGINNING u e� av v>aE La.TOFwAYEASEWW LANDSCAPE LA 1. SS('it'9E j i EA55 cF�PPwOs PEP aECEPiIONNO.CWm]8 EASEMENT SOER OF LOR OF LOiS leYwe•taWn 11,1985.F. _ V IfAW lATRSO4 TP PCTB IPECOP[EO a5 NA6'919W/ DIORTHSIOE AZTVN a 106H' N6T b'ASE I COMMUNITY CENTER V AN SLY tl'IM j 4N u AYm feT NATM LOT I BLOCK I n W ILCC IAT IS eP! _� LEGACY SENIOR m UO le.]l yr a'tvw ggg RESIDENCES SCALE NORTH 1" =60' 8 # NORTHERN ppUGHE S TREE ME ENGINEERING NORTHERN ADDRESS: PHONE:970.221.4158 y EBSITE: 2C0 S.College Ave. Suite 10 E N G I N E E R I N G Fut Collins,CO 80524 o www.narthernengineering.con FAX:970.2_1.4150 EXHIBIT B An access easement being a portion of Lot 2,Northside Aztlan Community Center, located in the Northwest Quarter of Section 12, Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the Southwesterly line of Lot 2, Northside Aztlan Community Center as bearing North 48°18'50" West and with all bearings contained herein relative thereto: CONI]MENCING at the Southerly corner of said Lot 2;thence along the southwesterly line of Lot 2, North 48°18'50"West, 208.69 feet to the POINT OF BEGINNING; thence continuing along said southwesterly line,North 48°18'50"West, 10.00 feet; thence, North 41e41'10"East, 31.34 feet to a point the southwesterly line of an existing Trail Alignment;thence along said southwesterly line, South 57°21'50"East, 10.13 feet; thence, South 41°41'10"West, 32.94 feet to the POINT OF BEGINNING. The above described access easement contains 321 square feet more or less and is subject to all easements and rights-of-way now on record or existing. June 7,2012 LMS SAS urvey lobs1683-001\Dwg\Exhibits\683-001 Access Easement Exhibit 6-7-1Idoc EXHIBIT B . AN ACCESS EASEMENT BEING A PORTION LOT 2,NORTHSIDE AZTIAN COMMUNITY CENTER,LOCATED IN THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO LOT 3 NORT, O EAZTLAN / LOMfAU1IIT"(C U�T ER / LOT 3 NORTHSIDE AMAN ACCESS / COMMUNITY CENTER EASEMEW 321 S.F. / / POINT OF E3ISTNc mncE --- ------ COMMENCEMENT r RAL nLIct+AErv: 7 SOU LV �— Z CORNERR OF OFLOT2 r --- - - -- ---- r-- IP'MCE VOkNTFI.STATES L11 t TEEPI, NE! TELEGRM III J R4MLOF'IAYEASE.PENT BAST$OF BEMING PER FECEPTICN NO.8NL 9938 LINE TABLE _ N£STERLY LINEE OF L OTIS rs 2]3.walesow POINT OF TRACT IRECORCEOASIA9•.V.1 BEGINNING — °� IauTN ISEAn1NO NORTHSCE AZIL?N O LIt 1LL00 N4'1C W`N CQNMUNI VCENTEER 2 U3 NY' H11V1.1VE y v. i I LOT 1 ro Lf] 14V SS]•]1'SVE A I BLOCK I ^ L1R 9.Y' L1V1'10'N i i LEGAC'I SENIOR I RESIDENCES m B T SCALE 7 NORTH 1" =60' BE NORTHERN ppL;pR65;kEET ENGINEERING