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HomeMy WebLinkAbout2001-043-03/20/2001-AUTHORIZING A REVOCABLE PERMIT OVER A PORTION OF MIRAMONT PARK FOR CONSTRUCTION OF A DRAINAGE SWALE RESOLUTION 2001-43 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A REVOCABLE PERMIT OVER A PORTION OF MIRAMONT PARK FOR CONSTRUCTION OF A DRAINAGE SWALE IN CONNECTION WITH CONSTRUCTION OF THE LODGE AT MIRAMONT BY SOLLENBERGER DEVELOPMENT CORPORATION WHEREAS, the City of Fort Collins (the "City") is the owner of the property known as Miramont Park in Larimer County, Colorado (hereinafter referred to as the "Park"); and WHEREAS, Sollenberger Development Corporation, the developer of The Lodge at Miramont (the "Development'), has requested permission to temporarily occupy a 10,454 square foot parcel of City-owned land along the easterly boundary of the Park, which parcel is legally described on Exhibit"A",attached hereto and incorporated herein by this reference,for the purpose of construction access in order to construct a drainage swale in connection with the Development; and WHEREAS,Article XI, Section 10, of the Charter of the City of Fort Collins authorizes the Council to permit the use or occupation of any street, alley, or public place, provided that such permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is authorized to execute such documents as are necessary to grant a revocable permit in the land described on Exhibit "A," consistent with this Resolution, to Sollenberger Development Corporation in connection with its construction of a drainage swale for the Development. Passed and adopted at a regular meeting of the City Council of the City of Fort Collins held this 20th day of March A.D. 2001. Mayor ; ATTEST: City Clerk ` EXHIBIT "A" Temnorary Construction Easement - The Lodge at Miramont A strip of land 15 feet wide located in the Southeast Quarter of Section 1, Township 6 North, Range 69 West of the 61'P.M; City of Fort Collins, County of Larimer, State of Colorado; being more particularly described as follows: Commencing at the East Quarter Corner of said Section 1 and considering the North line of the Southeast Quarter to bear S89°56'50"E,with all bearings contained herein relative thereto; Thence along said North line of the Southeast Quarter S89°56'50"E, 524.14 feet to a point, said point being marked by a No. 4 rebar with cap stamped LS 14823, and being the Point of Beginning; Thence along the Westerly boundary of the property described in the deed recorded at Reception No. 98105071 the following three (3) courses: 1) S00001'00"E, 348.02 feet to a point, said point being a No. 4 rebar with no cap; 2) S23°39'00"W, 124.45 feet to a point, said point being a No. 4 rebar with cap stamped LS 14823; 3) S05°03'18"W, 230.78 feet to a point on the Northerly right-of-way of Boardwalk Drive, said point being marked by a No. 4 rebar with cap stamped LS 31169: Thence 15.00 feet along said Northerly right-of-way and along the arc of a curve to the right having a radius of 766.00 feet, a central angle of 01°0721", and a chord which bears N84021'25"W, 15.00 feet; Thence leaving said right-of-way line N05°03'18"E, 233.08 feet; Thence N23039'00"E, 123.76 feet; Thence N00°01'00"W, 344.90 feet to a point on the Southerly property line of Oakridge West, First Filing; Thence S89056'50"E, 15.00 feet along said property line to the Point of Beginning. Said tract of land contains 0.24 acres more or less and is subject to any easements and Rights-of-Way of record or that now exist on the ground.