HomeMy WebLinkAbout1986-060-04/01/1986-AGREEMENT CITY PROPERTY PINNACLE PARTNERSHIP STORM DRAINAGE EASEMENT RESOLUTION 86- 60
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
GRANTING TO PINNACLE PARTNERSHIP A STORM DRAINAGE
EASEMENT THROUGH CITY PROPERTY
WHEREAS, Pinnacle Partnership (the "Partnership" ) has requested that
the City of Fort Collins grant a storm drainage easement to the Partnership
across City property to release drainage water from The Pinnacle P.U.D.
into Spring Creek; and
WHEREAS, The Pinnacle P.U.D. was approved by the Planning and Zoning
Board on March 3, 1986; and
WHEREAS, the Partnership has already dedicated an additional easement
for the bicycle path on Spring Creek Trail to the City over and above that
required by The Pinnacle P.U.D. ; and
WHEREAS, it is equitable that the storm drainage easement requested by
the Partnership be permitted in consideration for the Partnership' s
previous dedication of an additional easement for trail purposes; and
WHEREAS, the Parks and Recreation Department has agreed to such trade
of easements; and
WHEREAS, the Partnership has agreed to accept the drainage easement
subject to certain conditions set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor be, and he hereby is, authorized to enter into an
Easement Agreement with the Pinnacle Partnership granting a permanent storm
drainage easement to said Partnership upon the following conditions:
1. That the easement shall not exceed 20 feet in width.
2. That construction of improvements within the easement will be under
the City bike path and the use of the bike path by the cycling or
pedestrian public will not be disrupted.
3. That all trenches and excavations shall be properly filled,
original surface soil shall be replaced and reseeded in accordance
with City specifications, and Pinnacle Partnership shall be
responsible for any damages caused by installation, reinstallation,
maintenance and/or use of the storm drainage pipeline to be placed
in the easement.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 1st day of April , A.D. 1986.
X.
Mayor
ATTEST:
City Clerk