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Home My WebLink AboutNEW PROSPECT - FDP - FDP120011 - LEGAL DOCS - EASEMENTSExhibit "13" Description Exhibit Sect. 24-T7N—R69W North 4comer Access Easement -- /jhS 89'51'10" E 659 Basis of Bearings Point of Commencement Prospect Commons P.U.D. RM NO. 86032878 Rec# 20050040860 Rao# 20090030181• S 89'52'55" E Shodowbrook P.U.D. BOOK 1903 PACE B57 SURVEYOR'S STATEMENT I, Alex Randall Perkins, a duly registered Lfessional Land Surveyor in the State of Colorado, do hereby state that this Description Exhibit, to the best of my knowledge. Information and belief, truly and cone ents a drawing made by me under my direction. RE ii (0 G�rt9 LINE TABLE LINE NO. BEARING LENGTH L1 5 89'52'550 E 2 69' L2 S 2 '28'59' E 5q.i e' L3 S 65,33,0 ' W 20,00, L4 N 24'26'59` Curve Table Curve# Delia Radius I Len ih I Chard I Chard Bearin C1 4 '26'3 ' 2 5 ' 5 45' S ' S SY48' 8" C2 97'58' 5' 9 . 0' 15818' 39.60' S 2432'24e W C3 grSS'454 I jZ50-192.38' 8 N 2V32'23' C4 2626' ' 52 4.23' 2 .02' 80' ' 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 data of the certification shown harsom G�PnMcb\�00a4U00a�PeVeteWy\GOEteIfcW�p uq le, mio — U4Pm Point of Beginning 5,462 sq.ft. b tt o b s r w b I F D Z,3 page 2 its Prepared for: Protect#:09018d1 lef New Prospect LLC Bah Frederick Land Surveying, Inc. agar 6760 North. Franklin Avenue Loveland, Colorado 80538 (970) 669-2100 — Fax (970) 669-3725 n Exhibit "B" Description Exhibit (Access Easement) A parcel of land located In the Northeast 1/4 of Section 24, Township 7 North, Range 69 West of the Bth Principal Meridian, City of Fort Collins, County of Lorimer, State of Colorado being more particularly described as follows: Considering the North line of said Northeast 1/4 as bearing South 89'51'10" East and with ail bearings contained herein relative thereto; Commence at the Northwest Corner of the Northeast 1/4 of sold Section 24; thence S 89'51'10 E along the North line of said Northeast 1/4, for a distance of 659.26 feet to the West line of the parcels described at Reception No. 2005004,0860 and Reception No, 20090030181 of the Lorimer County records, thence S 00'16'33" W on sold West line, a distance of 660.05 feet to the South line of Reception No. 20090030181, said point also being on the North line of Shadowbrook P.U.D.; thence S 89'52'55" E on said North line for a distance of 176.91 feet to the POINT OF BEGINNING; thence continue S 89'52'55" E on sold North line a distance of 25.69 feet; to the _beginning of a curve to the right; thence on the arc of sold curve a distance of 52.45 feet, having a radius of 72.51 feet, a delta of 41'26'35" and a chord of 51.32 feet bearing S 52'48'1B" W to a point of a reverse curve to the left; thence on the arc of sold curve a distance of 158.18 feet, having a radius of 92.50 feet, a delta of 97'58'45" and a chord of 139.60 feet bearing S 24'32'24" W to a point of tangency, thence S 24'26'59" E a distance of 59.18 feet; thence S 6513'01" W a distance of 20.00 feet; thence N 24'26'59" W a distance of 59.18 feet to a tangent curve to the right; thence on the arc of said curve a distance of 192.38 feat, having a radius of 112.50 feet,a delta of 97'58'45" and a chord of 169.78 feet bearing N 24'32'23' E to a point of a reverse curve to the left; thence on the arc of said curve a distance of 24.23 feet, having a radius of 52.51 feet, a delta of 26'28'09" and a chord of 24.02 feet bearing N 60-18'31e E the Point of Beginning Containing 5,462 sq. ft., more or less, and being subject to all easements and rights of way of record, SURVEYOR'S STATEMENT I, Alex Randall Perkins, a Surveyor in the State of Description Exhibit, to th and belief, truly and co r me ur e duly registered Professional Land Colorado, do hereby state that this best of my knowledge, information T represents a drawing made by page .1 NOTICE: According to Colorado law you must commence any legal action based upon any defect In thin survey within flues years after you first discover such defect. In no event, may any action based upon my defect In this survey be commenced more than ten years from the date of the certification shown hereon, Exhibit "A" Description Exhibit o (Drainage Easement) p a R w R I North 1/4 corner Sect. 24—T7N—R69W D S 89,510100 F Basis of Bearings Rec# 20050040860 Point of Commencement �o `D Rec# 20090030181 Rec# 20090038512 S 89e52'55" E S 89'52 55 E 332.27 20.01' Point of Beginningz I la Shadowbrook P.U.D. Coea BOOK 1903 PAGE 957 to c:1 rP- CDI Iv 1,259 sq.ft. I tXj Drainage to Easement Co W :14 C SURVEYOR'S STATEMENT z 1, Alex Randall Perkins, a duly registered Professional Land 20,00' Surveyor In the State of Colorado, do hereby state that 'this S 88e25'04" W Description Exhibit, to the best of my knowledge, Information and belief, truly and correctly represents a drawing made by me under my dir ,io-REG/.�. , n 2 `t �i, NOTICE: Awarding to Coloaou must commence any legal action based upon any defect In this survey within three years after you firot discover such defect In no event, may any action based upon any defect In We survey be commenced more than tan years (rem the data of the certification shorn hereon. DVmhdVV �sr�rmorew.e�eeeime.a.e vy t4 2010 - aarem e Exhibit "A" Description Exhibit (Drainage Easement) A parcel of land located In the Northeast 1/4 of Section 24, 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 North line of sold Northeast 1/4 as bearing South 89'51'10" East and with all bearings contained herein relative thereto; Commence at the Northwest Corner of the Northeast 1/4 of said Section 24; thence S 89'51'10 E along the North line of sold Northeast 1/4, for a distance of 659.26 feet to the West line of these parcels described at Reception No.20050040860 and Reception No.20090030181 of the Larimer County records, thence S 00'16'33" W on said West line, a distance of 660.05 feet to the South line of Reception No. 20090030181, sold point also being on the North line of Shadowbrook P.U.O.; thence S 89'52'55" E on sold North line for a distance of 332.27 feet to the POINT OF BEGINNING; thence continue S89'52'55"E on said North line a distance of 20.01 feet; thence S 01'34'55" E a distance of 62.63 feet; thence S B8'25'04" W a distance of 20.00 feet; thence N 01'34'56" W a distance of 63.23 feet to the Point of Beginning. Containing 1,259 sq.ft., more or less, and being subject to all easements and rights of way of record. SURVEYOR'S STATEMENT 1, Alex Randall Perkins, a duly registered Professional Land Surveyor In the State of Colorado, do hereby state that this Description Exhibit, to the best of my knowledge, Information and belief, truly and correctly represents a drawing made by me under my direction. 30 REG/ 1 U /J X �4 1� �^rB zo1� 1L LAB page 1 Field Date Prepared for: Project#; O9018d2 n a Party Chief . New Prospect LLC n o NOTICE: Accarding to Colorado low you must commence Survey Tech any legal action based upon arty defect in this survey wlthln Jwk Frederick Land Surveying, Inc. three years after you first discover such defect In no Proj. Manager event, may any action based upon any defect in this survey ar 6760 North Franklin Avenue be commenced more than ten years from the data of the Loveland, Colorado 80538 cerUltcation shown hereon. Scale (970) 669-2100 —Fax (970) 669-3725 m�pr.WeVom��mos�pacorsV.s\w'llepel.ao um it. mrs - fahm n a 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 6th day. of July, A.D. 2010, and to be presented for final passage o42y of July, A.D..2010. ATTEST: City. Clerk Passed and adopted on final reading on the 20th day of A.D. 2010. Klaytj ATTEST: City Clerk ORDINANCE NO. 07% 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE EASEMENT AND A NON-EXCLUSIVE ACCESS EASEMENT ON CITY PROPERTY TO NEW PROSPECT, LLC WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado, identified in County records as parcel number 97241-20-905, known as Mallard's Nest Natural Area (the "Natural Area"); and WHEREAS, New Prospect, LLC ' (the "Developer") has requested a drainage easement and an access easement (the "Easements") on the Natural Area for the benefit of the New Prospect development (the "Development"); and WHEREAS, the proposed drainage easement would be used to provide stormwater outfall from the Development's detention pond to Spring Creek within the Natural Area, as described on Exhibit "A", attached and incorporated herein (the "Drainage Easement"); and WHEREAS, the proposed access easement would be used to provide a public pedestrian connection from East Prospect Road, through the Development, to the Spring Creek Trail located in the Natural Area, as described on Exhibit `B", attached and incorporated herein (the "Access Easement"); and WHEREAS, as consideration for the grant of the Easements the Developer will pay the City $2,016.00 plus processing fees as required by the Natural Areas Easement Policy; and WHEREAS, City staff has identified no negative impacts to the City resulting from the grant of the Easements; and WHEREAS, Section 23-111(a) of the City Code states 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 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 Drainage Easement and Access Easement on the Natural Area property to New Prospect, LLC 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 Easement and Access Easement to New Prospect, LLC 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