HomeMy WebLinkAbout064 - 05/15/2018 - AUTHORIZING THE CONVEYANCE OF VARIOUS PROPERTY INTERESTS ON CITY-OWNED PROPERTY AT PELICAN MARSH NAT ORDINANCE NO. 064, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF VARIOUS PROPERTY
INTERESTS ON CITY-OWNED PROPERTY AT PELICAN
MARSH NATURAL AREA TO PEDCOR INVESTMENTS LLC
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WHEREAS,the City is the owner of property located southeast of the intersection of South
College Avenue and Trilby Road known as Pelican Marsh Natural Area(the"City Property"); and
WHEREAS,Pedcor Investments LLC("Pedcor")has proposed a new development on land
northwest of the City Property that would consist of 180 affordable housing units (the
"Development"); and
WHEREAS,in order to receive the necessary development approvals for the Development,
Pedcor is asking the City to convey to it a permanent drainage easement and permanent slope
easement("Easements")and two temporary construction easements("TCEs")on the City Property
to properly manage stormwater flows from the Development site; and
WHEREAS, the two Easements are described on Exhibits "A" and "B" and the TCEs are
described on Exhibits "C" and "D", all attached and incorporated herein by this reference; and
WHEREAS, Pedcor would pay the City a total of$3,848 for the Easements and TCEs, as
well as $1,500 to cover the costs of processing the easement request, and a $2,506 restoration fee
to cover the costs of maintaining areas restored after construction of the drainage improvements
and initial restoration of the easement areas; and
WHEREAS, City staff believes that the impact to the City Property from the proposed
improvements will,be minimal, as they would be at the edge of the City Property, and City staff
will work with Pedcor to ensure restoration work is done in accordance with the Natural Areas
Resource Protection Standards; and
WHEREAS, at its regular meeting on April 11, 2018, the Land Conservation and
Stewardship Board voted to recommend conveying the Easements and TCEs to Pedcor; and
WHEREAS, Pedcor's proposed affordable housing units will substantially help further the
City's goal in the current Affordable Housing Strategic Plan to provide 188 units of affordable
housing per year; and
WHEREAS, Section 23-111(a)of the City Code authorizes the City Council to sell,convey
or otherwise dispose of any interest in real property owned by 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.
' -1-
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the .City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
1
Section 2. That the City Council hereby finds that the conveyance of the Easements
and TCEs to Pedcor as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute the deeds necessary to
convey the property interests to Pedcor, and the City Manager is authorized to execute such other
documents related to the property conveyances as may be necessary, all 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 such property interests, as long as such changes do not materially increase the size or change
the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 1st day of
May, A.D. 2018,and to be presented for final passage on the 15 ay, A.D. 2018.
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ATTEST:
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Passed and adopted on final reading on the 15th day of May, A.D. 2018.
Mayor Tern
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EXHIBIT A - DRAINAGE EASEMENT
PARCEL DESCRIPTION
A parcel of land located in the Southwest Quarter(SWl/4)of Section Thirteen(13),
Township Six North(T.6N.),Range Sixty-Nine West(R.69W.)of the Sixth Principal Meridian
(6th P.M.),City of Fort Collins,County of Latimer,State of Colorado and being more particularly
described as follows:
COMMENCING at the West Quarter comer of said Section 13 and assuming the West line of said
Northwest Quarter as bearing North 00'14'53"East being a Grid Bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2661.30
feet and with all other bearings contained herein relative thereto;
THENCE North 89°58'19"East along said North line of the South Half of said Section 13 a
distance of 168.85 feet to the POINT OF BEGINNING;
THENCE North 89058'19"East continuing along said North line a distance of 157.50 feet;
THENCE South 00°08'02"East a distance of 20.00 feet;
THENCE South 89°58'19"West a distance of 157.50 feet;
THENCE North 00008'02"West a distance of 20.00 feet to the POINT OF BEGINNING.
Said described parcel of land contains 3,150 Square Feet or 0.072 Acres,more or less(t).
SURVEYOR'S STATEMENT
1,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking,and that it is true and
correct to the best of my knowledge and belief.
,,pDO LICe
ON•Pq'.
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Steven Parks-on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor#38348
KIING SURVEYORS
650 East Garden Drive
Windsor,Colorado 80550
(970)686-5011
i
O:L0151099TROP DESC120I51099-PERMANENT ESMT 2.dm
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NORTHWEST CORNER ayQ,DOLfC
SECTION 13, T.6N., R.6-9 W.
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N of WEST QUARTER CORNER EAST QUARTER CORNER
I--I U- N I SECTION 13, T.6N., R.69W. SECTION 13, T.6N., R.69W o
POINT OF COMMENCEMENT POINT OF
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a168.85'- N8958'19"E 157.50' S004.39' py o
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58958'19"W 157.50'
SUBJECT PARCEL ✓�
.3,150 sq.ft.
0.072 acres
LINE TABLE
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— — _ NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a graphic
d representation to aid in the visualization of the written property description which it accompanies. The written
SOUTHWEST CORNER property description supersedes the exhibit drawing.
SECTION 13. T.6N., R.69W. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within
three years after you first discover such defect. In no event may any action based upon any defect in this survey be
commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
EXHIBIT B - SLOPE EASEMENT
PARCEL DESCRIPTION
A parcel of land located in the Southwest Quarter(SW 1/4)of Section Thirteen(13),
Township Six North(T.6N.),Range Sixty-Nine West(R.69W.)of the Sixth Principal Meridian
(6th P.M.),City of Fort Collins,County of Larimer,State of Colorado and being more particularly-
described as follows:
COMMENCING at the West Quarter comer of said Section 13 and assuming the West line of said
Northwest Quarter as bearing North 00014'53"East being a Grid Bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2661.30
feet and with all other bearings contained herein relative thereto;
THENCE North 89°58'19"East along said North line of the South Half of said Section 13 a
distance of 50.00 feet to the Easterly Right-of-Way(ROW)of State Highway 287 a.k.a.South
College Avenue to the POINT OF BEGINNING;
THENCE continuing along said North line of the Southwest Quarter North 89'58'19"East a
distance of 73.22 feet;
THENCE South 47°03'02"West a distance of 54.99 feet;
THENCE South 89°51'58"West to the East Right-of-Way line of State Highway 287 a distance of
32.88 feet;
THENCE North 00008'02"West along said East Right-of-Way line a distance of 37.51 feet to the
POINT OF BEGINNING.
Said described parcel of land'contains 1,988 Square Feet or 0.046 Acres,more or less(f).
SURVEYOR'S STATEMENT
I,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking,and that it is true and
correct to the best of my knowledge and belief,
PRELIMINARY
Steven Parks-on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor#38348
KING SURVEYORS
650 East Garden Drive
Windsor,Colorado 80550 ,
(970)686-5011
0iQ0151099TROP DES020151099-PERMANENT ESMT Ldm Page 1 of 2
.._ SW 1/4, SECTION 13, T6N,PARCEL EXHIBIT EXHIBIT .-
R69W, 6TH P.M.
PAGE 2 OF 2
NORTHWEST CORNER
SECTION 13, T.6N., R.69W.
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0� WEST QUARTER CORNER EAST QUARTER CORNER
SECTION 13, T.6N., R.69W.
"!I POINT OF COMMENCEMENT SECTION 13, T.6N., R.69W.
0 1
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Z N8958'19"E 5330.74'
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v I 0.046 acres
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SOUTHWEST CORNER LINE TABLE
SECTION 13. T.6N., R.69W,
LINE BEARING LENGTH
Lt N89'58'19"E 50.00'
40 20 O 40 L2 N89'58'19"E 73.22'
--� L3 S47'03'02"W 54.99'
— �
1"= 40' L4 589'51'58"W 32.88'
L5 N00'08'02"W 37.51'
L6 N89'58'19"E 5207.52'
PRELIMINARY L7 S00'08'02"E 2630.59'
Steven Parks — On Behalf Of King Surveyors L8 N89'41'24"W 50.00'
Colorado Licensed Professional -Land Surveyor #38348 L9 N00'08'02"W 1 2667.81'
NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a graphic
representation to aid in the visualization of the written properly description which it accompanies. The written
property description supersedes the exhibit drawing.
NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within
three years after you first discover such defect. In no event may any action based upon any defect in this survey be
commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
KING SURVEYORS PROJECT NO:20151099
650 E.Garden Drive I Windsor,Colorado 80550 DATE: 10/17/2017
CLIENT:ASPEN ENGINEERING
phone:(970)686-5011 1 Eax:(970)686-5821 DWG:20151099-EXH-PERM EASE 1
email:contact@,KngSurveyors.com DRAWN:MM CHECKED:SP
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EXHIBIT C - DRAINAGE EASEMENT TCE
PARCEL DESCRIPTION
A parcel of land located in the Southwest Quarter(SW I/4)of Section Thirteen(13),
Township Six North(T.6N.),Range Sixty-Nine West(R.69W.)of the Sixth Principal Meridian
(6th P.M.),City of Fort Collins,County of Latimer,State of Colorado and being more particularly
described as follows:
COMMENCING at the West Quarter comer of said Section 13 and assuming the West line of said
Northwest Quarter as bearing North 00°14'53"East being a Grid Bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2661.30
feet and with all other bearings contained herein relative thereto;
THENCE North 89*58'19"East along said North line of the South Half of said Section 13 a
distance of 123.22 feet to the POINT OF BEGINNING;
THENCE North 89058'19"East continuing along said North line a distance of 45.63 feet;
THENCE South 00°08'02"East a distance of 20.00 feet;
THENCE North 89'58'19"East a distance of 157.50 feet;
THENCE South 00°08'02"East a distance of 37.20 feet;
THENCE South 89°58'19"West a distance of 276.35 feet to the East Right-of-Way line of State
Highway 287;
THENCE North 00008'02"West along said East Right-of-Way line a distance of 19.69 feet;
THENCE North 89051'58"East a distance of 32.88 feet;
THENCE North 47°03'02"East a distance of 54.99 feet to the POINT OF BEGINNING.
Said described parcel of land contains 10,669 Square Feet or 0.245 Acres,more or less(t).
SURVEYOR'S STATEMENT
1,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking,and that it is true and
correct to the best of my knowledge and belief.
pDO LIC
�h N•
O
Steven Parks-on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor#38348
KLV G SURVEYORS
- 650 East Garden Drive -
Windsor,Colorado 80550
(970)686-5011
J
W20I 510991PROP DES020151099-TEMPORARY ESMT Ldoc
Page 1 of
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SECTION 13, T.6N., R.69W. p,000CF
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N N I SECTION 13, T.6N., R.69W. SECTION 13, T.M. R.69W.
in POINT OF COMMENCEMENT POINT OF _ o
O .am.. BEGINNING _ N89'58'19"E 5330.74'
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LINE TABLE
I SUBJECTPARCEL LINE BEARING LENGTH W 0 23
a� 10,669 sq.fit. �/
L7 N69'S8'19"E 45.63' � —
3 � 0.245 acres r-+
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L2 S00'08'02'E 20.00' (/� .4 .�O
1° S89'S8'19'W 276.35'
0 L3 S00'08'02"E 37.20' (� O °u
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X I I L5 N89'51'WE 32.88' i,'�/'y ��j• o a
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W L6 N47'03'02"E 1 54.99'
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tr NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a,graphic
aSOUTHWEST CORNER representation to aid in the visualization of the written property description which it accompanies. The written
SECTION 13, T.6N., R.69W. property description supersedes the exhibit drawing.
NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within
three years after you first discover such defect. In no event may any action based upon any defect in this survey be
commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
EXHIBIT D - SLOPE EASEMENT TCE
PARCEL DESCRIPTION
A parcel of land located in the Southwest Quarter(SW]/4)of Section Thirteen(13),
Township Six North(T.6N.),Range Sixty-Nine West(R.69W.)of the Sixth Principal Meridian
(6th P.M.),City of Fort Collins,County of Larimer,State of Colorado and being more particularly
described as follows:
COMMENCING at the West Quarter center of said Section 13 and assuming the West line of said
Northwest Quarter as bearing North 00°14'53"East being a Grid Bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2661.30
feet and with all other bearings contained herein relative thereto;
1
THENCE North 89058'19"East along said North line of the South Half of said Section 13 a
distance of 50.00 feet to the Easterly Right-of-Way(ROW)of State Highway 287 a.k.a.South
College Avenue;
THENCE continuing along said North line North 89°58'19"East a distance of 73.22 feet to the
POINT OF BEGINNING;
THENCE continuing along said North line North 89058'19"East a distance of 29.37 feet;
THENCE South 47003'02"West a distance of 84.34 feet;
THENCE South 89°51'58"West to the East Right-of-Way of said State Highway 287 a distance of
40.72 feet;
THENCE North 00008'02"West along said East Right-of-Way a distance of 20.00 feet;
THENCE North 89051'58"East a distance of 32.88 feet;
THENCE North 47°03'02"East a distance of 54.99 feet to the POINT OF BEGINNING.
Said described parcel of land contains 2,129 Square Feet or 0.049 Acres,more or less(t).
SURVEYOR'S STATEMENT
1,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking,and that it is true and
correct to the best of my knowledge and belief.
PRELIMINARY
Steven Parks-on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor 938348
KING SURVEYORS
650 East Garden Drive
Windsor,Colorado 80550
(970)686-5011 - -
0.\20151099tPROP DESC20151099-TEMP ESMT I.doc - Page 1 of 2
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PARCEL EXHIBIT EXHIBIT SW 1/4, SECTION 13, T6N,
R69W, 6TH P.M. '
PAGE 2 OF 2
NORTHWEST CORNER
SECTION 13, T.6N., R.69W.
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nlN
n I WEST QUARTER CORNER EAST QUARTER CORNER n SECTION 13. T.6N., R.69W. ,CORNER
a I POINT OF COMMENCEMENT SECTION 13, T.6N.
0 I
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Z i N89.58'19"E 5330.74'
POINT OF BEGINNING L3
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z,129 s
O L5 0.049 acres
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IJ .
LINE TABLE
L12 _ _I _ _ LINE BEARING LENGTH
L1 N89'58'19"E 50.00'
SOUTHWEST CORNER -
L2 N89'58'I9"E 73.22'
SECTION 13, T.6N., R.69W. L3 N8958'19"E 29.37'
L4 S47'03'02'W 84.34'
L5 S89'51'58"W 40.72'
L6 N00'08'02'W 20.00'
1-7 N89'51'58"E 32.88'
LB N47'03'02"E 54.99'
L9 S00'08'02"E 37.51'"
PRELIMINARY L10 N89'58'19"E 5178.15'
1-71 S00'08'02"E 2610.59'
Steven Parks — On Behalf Of King Surveyors
Colorado Licensed Professional L12 N89-41-24"W 50.00'
Land Surveyor #38348
NOTE: This exhibit drawing is not intended to be o monumented land survey. It's sole purpose is as a graphic
representation to aid in the visualization of the written property description which it accompanies. The written
property description supersedes the exhibit drawing.
NOTICE: According to Colorado low you must commence any legal action based upon any defect in this survey within
three years after you first discover such defect. In no event may any action based upon any defect in this survey be
commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
KING SURVEYORS PROJECT NO:20151099
650 E.Garden Drive I Windsor,Colorado 80550 DATE: 10/17/2017
CLIENT:ASPEN ENGINEERING
phony.A:c 6tict@1 fax: yors.970)686-5821 DWG:20151099—EXH—TEMP EASE 1
ema l:contact@KingSurveyors.com DRAWN:MM CHECKED:SP