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HomeMy WebLinkAbout009 - 01/21/2014 - AUTHORIZING THE CONVEYANCE OF A PERMANENT IRRIGATION DITCH EASEMENT AND RIGHT-OF-WAY TO THE LARIMER ORDINANCE NO. 009, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT IRRIGATION DITCH EASEMENT AND RIGHT-OF-WAY TO THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY WITHIN THE SOUTH COLLEGE AVENUE FRONTAGE ROAD WHEREAS, the City is the owner of right-of-way for the South College Avenue frontage road between Foothills Parkway and Monroe Drive (the "Right-of-Way'); and WHEREAS, the Larimer County Canal No. 2 Irrigating Company ("Larimer No. 2") is the owner of an irrigation ditch that currently crosses under College Avenue north of the Right- of-Way, runs through the Foothills Mall property, and then crosses back under College Avenue at Monroe Drive; and WHEREAS, as part of the redevelopment of the Foothills Mall, the Mall owner has agreed to relocate the Larimer No. 2 ditch off of the Mall property and into a new box culvert that would run underneath the Right-of-Way; and WHEREAS, the City would benefit from the relocation of the ditch because a pedestrian underpass could then be constructed where the ditch currently crosses under College Avenue, thereby providing an improved pedestrian connection between the Mall and the MAX/BRT station; and WHEREAS, Larimer No. 2 will only agree to relocate its ditch if the City will grant it a permanent easement for the ditch within the Right-of-Way; and WHEREAS, the proposed easement is described on Exhibit "A", attached hereto and incorporated herein by reference (the "Easement'); and WHEREAS, two commercial properties are located adjacent to the Right-of-Way; and WHEREAS, the owners of the adjacent properties also have a property interest in the City Right-of-Way, as title to the Right-of-Way property would vest in the adjacent owners if the City ever vacated the Right-of-Way; and WHEREAS, in order to avoid encumbering the interests of the adjacent property owners with the Easement, the City is negotiating with the adjacent property owners to acquire their interests in the Right-of-Way; and WHEREAS, the City would not convey the Easement to Latimer No. 2 until the City has secured such property interests from the adjacent owners; and WHEREAS, the City does not plan to charge Larimer No. 2 for the Easement because Larimer No. 2 is relocating its ditch at the request of the City for the benefit of the City and the Mall redevelopment; and - 1 - WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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 Easement to Larimer No. 2 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 Latimer No. 2 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 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 14th day of January, A.D. 2013, and to be presented for final passage on the 21st day of January, A.D. 2014. ' FORT co!! �J" "1 x; �rF ' $g�';yu+ Mayor Pr Tem ATTEST: ci: !s vc� tv Cnj City Clerk Passed and adopted on final reading on the 21 st day of January, A.D. 2014. FO�T raLG 4 Mayor 160 Tern ATTEST: > j vtk G City Clerk COi.V�4 - 2 - Exhibit 'A' Page 1 of 4 FRONTAGE ROAD TRACT 1 AT SOUTH COLLEGE AVENUE AND WEST FOOTHILLS PARKWAY A PARCEL OF LAND BEING ALIT OF THE FRONTAGE, ROAD AS DEDICATED ON THE PLAT OF THE VILLA A PUD AS RECORDED AT RECEPTION NO. 499143 IN THE LARIMER COUNTY CLERK AND RECORDER' S OFFICE ALSO BEING A PORTION OF THE SOUTHEAST 1/4, OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, WHENCE THE EAST 1./4 CORNER OF SAID SECTION 26 BEARS N00004' 53"E, 2642 . 43 FEET; THENCE N00004' 53"E ALONG THE EAST LINE OF SAID SECTION 26 1, 571 . 66 FEET; THENCE N89055' 11"W, 50 . 44 FEET TO THE WEST RIGHT—OF—WAY LINE OF SOUTH COLLEGE AVENUE AND TO THE POINT OF BEGINNING; THENCE S00015' 11"E, ALONG SAID WEST RIGHT—OF—WAY LINE 225. 99 FEET TO THE SOUTH LINE OF SAID PLAT; THENCE S89055' 50"W, ALONG SAID SOUTH LINE, 50 .00 FEET TO THE EAST LINE OF LOT B OF SAID PLAT; THENCE N00015' ].1"W, ALONG SAID EAST LINE OF LOT B 226. 12 FEET TO THE NORTH LINE OF SAID PLAT; THENCE S89055' 11"E, ALONG SAID NORTH LINE 50 .00 FEET TO THE POINT OF BEGINNING; CONTAINING 11, 301 SQUARE FEET (0. 259 ACRES) ,. MORE OR LESS. PREPARED BY NATHAN A. VANRAEMDONCK, PLS 38098 FOR AND ON BEHALF OF FARNSWORTH GROUP, INC. cam="•• 1^i / ;:';Y 8055 EAST TUFTS AVENUE, SUITE 850 `5,��.�^,�' d!l•(;{ ���q .:' ' DENVER, CO 80237 .`•j:•'r V" `J/" ;' `;:j" 38098'te-:,4,! iA;JDSS Exhibit 'A Page 2 of 4 THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 0 = CHANGE IN COURSE LOT O/UE I ONLY R/CH/E S EXPRESS EAST 1/4 CAR,WASH SUBDIVISION II CORNER REC. NO.20010063612 I SECTION 26, OWNER: S89°55'11"E II T7N, R69W RICHIE'S FORT COLLINS EXPRESS CARWASH LLC 50.00, M4Cr A ' R/CH/E'S EXPRESS V CARIWASH SU6D/V/S70N REC. NO.20010063512 A9°55'11''W m z POINT OF BEGINNING Z LOr e I ° THE VILL4 A PUD m w REC. NO.499143 rn to UTILITY & OWNER: N h N O ACCESS EASEMENT GENERAL MILLS N z RESTAURANT GROUP INC. W C/O RED LOBSTER STORE /O F — � _ _ _ — — — /� L Lla w— o /� o ml W FRONTAGE ROAD z A j to V w TRACT I o Z 11,301x SO. FT. ~ z OF (0.259t ACRES) V' 0 0 Q II 0 30 60 L - - -. - - - _ _ SCALE: 1"=60' 50.00' S89055'50"W SOUTHEAST oNypDO,/�ICFN 7/ CORNER SECTION 26, FvO c2"'' % T7N. R69W z 314099 }: o 1 - '/ . .. mron I R\2012\0120302.00—Foothills Mall Drr Exhibits\0120302.00—Ditch'Relocation Fronts c Rood Easements MA.drva 1 11/14 2013 2:34 PM Farnsworth FOOTHILLS MALL REDEVELOPMENT SUBDIVISION arojecir:. otzo3oz-oo u 0U �Y AA JJ HH NN i IILL�Y YY FORT COLLINS, COLORADO Appro by. NAV Approved: GROUP Date; 11-8-2013 8055 EAST TUFTS AVENUE. SUITE 850 FRONTAGE ROAD TRACT 1 Remsed 11-14-2013 DENVER,COLORADO 60237 (303)692-8838/(303)692-0470 Fax SE 1/4 SEC. 26, WIN, R69W, 6TH, P.M. Exhibit 'A Page 3 of 4 FRONTAGE ROAD TRACT 2 AT SOUTH COLLEGE AVENUE AND WEST FOOTHILLS PARKWAY A PARCEL OF LAND BEING A PORTION OF' THE FRONTAGE ROAD AS DEDICATED ON THE PLAT OF SOUTH MESA SUBDIVISION AS RECORDED AT RECEPTION NO. 914932 IN THE LARIMER COUNTY CLERK AND RECORDER' S OFFICE ALSO BEING A PORTION OF THE SOUTHEAST 1/4, OF SECTION 26, TOWNSI4IP 7 NORTH, RANGE 69 WEST OF THE,SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF - COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 26, WHENCE THE EAST 1/4 . CORNER OF SAID SECTION 26 BEARS N00004' 53"E, 2642 . 43 FEET; THENCE N00°04' 53"E ALONG THE EAST LINE OF SAID SECTION 26 1, 345. 80 FEET; THENCE S89055' 50"W, 49. 1.2 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH COLLEGE AVENUE AND TO THE POINT OF BEGINNING; THENCE S00015' 11"E, ALONG SAID WEST RIGHT-OF-WAY LINE 742 .05 FEET TO THE SOUTHEASTERLY LINE OF SAID PLAT OF SOUTH MESA SUBDIVISION; THENCE S49015' 19"W, ALONG SAID SOUTHEASTERLY LINE, 78. 90 FEET TO THE EAST LINE OF LOT 11 OF SAID SOUTH MESA SUBDIVISION; THENCE N00°15' 11"W, ALONG SAID EAST LINE OF LOT 11 AND THE EAST LINES OF LOTS 2, 3, 4 AND 5 OF SAID SOUTH MESA SUBDIVISION -543. 47 FEET TO THE SOUTH TINE OF THE VACATED PORTION OF THE FRONTAGE ROAD AS DESCRIBED IN ORDINANCE 168 OF 1984 AS RECORDED IN BOOK 2302 AT PAGE 0783 IN SAID OFFICE; THENCE ALONG THE SOUTHERLY AND EASTERLY LINES Of' SAID PORTION OF THE FRONTAGE ROAD THE FOLLOWING FOUR COURSES: 1. N89°55' 49"E, 10.74 FEET; 2. N09°47' 20"E, 22 . 91 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 167.51 FEET; 5 3. NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 10°02130", ALONG THE ARC OF SAID CURVE 29.36 FEET, SAID CURVE HAVING A CHORD THAT BEARS N04046' 05"E, 29.32 FEET; 4 . N00015' 11"W, 198.21 FEET TO THE NORTH LINE OF SAID SOUTH MESA SUBDIVISION; THENCE N89°55' 50"E, ALONG SAID NORTH LINE 42. 70 FEET TO THE POINT OF BEGINNING; CONTAINING 41,869 SQUARE FEET (0. 961 ACRES) , MORE OR LESS. PREPARED BY NATHAN A. VANRAEMDONCK, PLS 38098 FOR AND ON BEHALF OF FARNSWORTH GROUP, INC. _���� y'•°^..; F",��� 8055 EAST TUFTS AVENUE, SUITI; 850 DENVER, CO 80237 �€j'��//fF ; � Exhibit 'A' Page 4 of 4 THIS EXHIBIT DOES NOT REPRESENT - POINT OF BEGINNINGI �EAST CORNER 4 A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE / SECTION ATTACHED DESCRIPTION. NW55'50"E / 26, WN• o,= CHANGE IN COURSE OWNER: 42.70' R69W ONLY MARKLEY / S89°55'50"W INVESTMENT ORD 168 / 49. 2' COMPANY,LLLP OF 1984 LOT 6 A=10°02'30" LOT 9 R=167.51' rn 4i L=29.36' z CH=N04'46'05"E LLA Q CL=29.32' I I LOT 2 ORD 168 LOT 7 of lsea / v N09047'20"E cc 22.91' �E j I Z p a ~ N89055'49"E a N OWNEI 10.74' AQ M 0 LOT 8 MARKLEY LOT 3 �� in "' U INVESTMENT 0:zt lV A l w COMPANY,LP � 12' UTILITY w O EASEMENT H Z � � J LOT 9 P LOT 4 v r ~ 1n Co w O - - - - r70J0O' - - - - - �c,; FRONTAGE ROAD LID LOT 10 �� TRACT 2 0 / o 50 ®o 41,869± SQ. FT. Z SCALE: 1"=100' w EAST MONROE DRIVE W pp0/l/� LL U o w z OWNER: OO C�Z 38098 �. MARKLEY / a O a Q S49°15'19"W ' O INVESTMENT SOUTHEAST � ', 11"1S-ld 13J COMPANY,LLLP I I - 78.90, CORNER LOT 12 SECTION •• LOT 13 LOT 11 26, T7N, �4 L LAB I SOUTHEAST LINE R69W SOUTH MESA SUBDIVISION I non I P: 201? 0120302.00—Foothills Mall\Dnq\Exhibits\0120302.DO—Ditch Relocation Frontn<e Road Easements Marklr. .dvr 1 11 14/2013 2. PM Farnsworth FOOTHILLS MALL REDEVELOPMENT SUBDIVISION ProjecDi a,, 0120}02-00 u II VV G FORT COLLINS, COLORADO Apprr vey Nnv Approved: GROUP Date, 11-8-2013 8O55 EAST TUFTS AVENUE, SUITE 850 FRONTAGE ROAD TRACT 2 Revised: 11-14-2013 DENVER,COLORADO 80237 (303)692-8838/(303)692-0470 Fax SE 1/4 SEC. 26. T7N, R69W,6TH. P.M.