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HomeMy WebLinkAboutHICKORY COMMONS - FDP - FDP130014 - REPORTS - EASEMENTS (3)EXHIBIT C Page 2 of 2 PEDESTRIAN ACCESS EASEMENTS BEING FOUR PARCELS LOCATED WITHIN VACATED FOURTH AVENUE, ADJOINING BLOCK 21, RIVERSIDE PARK, BEING LOCATED NATHIN THE SOUTHEAST A OF SECTION 2, T7N, R69W OF THE 6111 P.M., CITY OF FORT COLLINS, COUNTY OF LARIMEP., STATE OF COLORADO. HICKORY STREET PER^&LA Go? -,I, Ko'=.�gi R!0:1t-O{'-war 'MD PI VARIES VILLAGE SURDIVSIGN \ N 89.36'25" W 2647.01' a AGRPI LINE SEQZ4 SECTION 2. TM. R6.919 - N 8936'25" W SEC. 2. nN. R69W S00'21'23"W 1570.06' 'I NO 3%" ALUMINUM CAP SOUTH. RIGHT -OE -WAY LINE 38-6�' �I E$ SEC. 2. i7N. R69W 'UMENI. PLS 3'3642 Or HICKORY STREET PER FOUND 3' ALUMINUM CAP' I PLAT OF RIVERSIDE PARK I MONOMENI, PLS 70123 SCALE: 1"=60' LOT 15 N LOT 17 LO �O W i PEDESTRIAN ACCESS LOT 16 ecocK 2 0 L4 EASEMENT (1128 Sq.FQ a !1 LOT T5 2 0 12 i L01 14 o- LOT 13. LOT 12 ti T`.� Q -_ --- CITY OF FORT , �WIDE COLLINSCORCLPARCEL LOT II N (PARCEL N0. 97024-15-9C9) N LOT /O a PEDESTRIAN ACCESS -- - - — ..14 EASEMENT (t128 Sq It.) LOT 9 N 1 LOT 8 101 7 40' O r LOT 6 — LOT PEDESTRIAN ACCESS �L4 EASEMENT F> M Sq.Ft.) /IJ LOT 4 I9 LOT 3 O 1 c LOT 2 - -- - I I PEDESTRIAN ACCESS LOT 1 L8 EASEMENT (196 sq.n.) +' NOR➢I RIGHT -OF -WAY L6 LINE OF FOURTH S RFFT FOURTH STREET (HEMLOCK STREET) Ho' RIGHT-OF-v/Ar PEP. PLAT OF RIVERSIDE PARK SUDOIV751ON PLATTED AS FOLWnl STREET " _ - SMEET SIGN ? ASSESSOR INFO AS HEMLOCK STRErT LINE TABLE LINE L1 j BEARING S00.21'23"W D. STANCE 16.00' L2 S89'38'37"E 8.00' 1.3 14 N00'21'23"E N89'38'37"W i6.00' 8.00' L5 S00'21'23"W 12.00'� Lb $89'34'O7"F 8.00 17 N00'21'23"E 12O0'I LS N89'3a'G7"W 8. GG' ROBERT M. EDMONDS.- PLS 37968 PREPARED BY.. I t-:vf:l Nij;, ;.Api;7 '-,J j�VY Ti,nlci IIJ„'_ P.O. BOX 641-KERSEY. CO 80644 PHONE: (970) 686-5970 FAX: (970) 284-5802 wlrrr. EdmondsLondSurve/iny.co;n TEMPORARY CONSTRUCTION SLOPE 0.3/01/13 DRAINAGE AND ACCESS EQSF.MENi 2EING LOCATED WITIHN iHG SOU ➢1EASI Y. l =60 OF SECTION 2. T7N. R69W OF THE 61H F.M., 8.5 "x I4" CITY OF FORT COLLINS, COUNTY OF LARIMER. STAIE 0= COLORADO. w,_ k 10-0326 0 EXHIBIT B Page 2 of 2 8' WIDE DRAINAGE AND LANDSCAPE EASEMENT BEING WITHIN VACATED FOURTH AVENUE, ADJOINING BLOCK 21. RIVERSIDE PARK, BEING LOCATED WITHIN THE SOUTHEAST Ya OF SECTION 2, T7N, R69W OF THE 6iH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. HICKORY STREET ER4 PI RGOT-Oi {p2v RIGHT-OF-WAY WORT VARIES NLLAGE SUEI�NTSION�6`' N 8936'25" W 2647.01' NORTH LINE SEJZ4 SECTION 2, FIN. R69W--- CY SEC. 2. TIN. R69'N �� S00'21'23"W N 8936'25" W 1570.06' FOUND 3Y." ALUMINUM CAP 38.61'`� EY. SEC. 2, i7N. R59VV MONUMENI, PIS 33647 SOUTH RIGHT-OF-WAY LINE OF HICKORY STREET PER N89-33.57-W FOUND 3' ALUMINUM CAP PLAT OF RIYERSDE PARK I �­ I MONUMENT. PLS 20123 LOT 13 LOT I7 LOT 16 LOT 15 SLOT la aEocx z I 'z e O W i i / / / mr 13 LQ i / l 20' WIDE CITY OF FORT LOT 11 I COLUNS PARCEL Q o (PARCEL NO. 97024-15-908) 2 I.OI 11 Q_ N i �� a i c vpil a LOT 10 L w y 3 LOT N / LOT B O Z cot 7 j 8' WIDE DRAINAGE AND LANDSCAPE EASEMI (2D,601 Sq.Ft.) LOT 6 j (OEWC THE WEST 8' OF THE I CITY OF FORT COLLINS PARCEL) — 40 i for 5 tot 4 LOT i LOT 2 j LOT 1 _-- 'A ROBERT M. EDMONDS. PIES 37963 \NORTH RIGHT -Of -WAY LINE OF FOURTH STREET S89'34'07"E 8.00 FOURTH STREET (HEGIMLOCK STREET) BO R VERSIOE PARK SUBOPNSfONO PLATTED AS FOURAf STREET STREET SIGN & ASSESSOR INFO AS HEMLOfK STREET rd �I �1 SCALE: 1"=60' PREPARED BY. P.O. BOX 5zi—KERSEI CO 80644 -- PHONE: (970) 686-6970 FAX (970) 284-6802 WVW. Edrnon cs' cn dSo'rveyinc. com .: 03�13 713 DRAINAGE AND LANDSCAPE EASEMENT BEING LOCATED WITHIN !-HE SOUTHEAST Y. OF SECTION 2, T7N. R69W OF THE 6TH P.M., 8.5 "r14" CITY OF FORT COLLINS. COUNTY OF LARWER, STATE OF COLORA O. 10-0326 Page 1 of 2 -S Phone: (970) G8G-G970 --- --ELs— — P.O. Box G4 I Fax: (970) 284-G802 LAND SU)Z11EVfAJC,. fNC'- Kersey. CO 5OG44 www. ComondsLand Surveying, eom EXHIBIT C PEDESTRIAN ACCESS EASEMENTS DESCRIPTION: Four (4) parcels being located within Vacated Fourth Avenuc adjoining Block 2I. Riverside Park. located Within the Southeast One -Quarter of Section 2. Township 7 North. Ranee 69West ofthe 6°i P.M- City of -Fort Collins. Count.° of Larimer. State of Colorado and Considering the North Line of the Southeast One -Quarter of Section '-.'Township 7 North. Ranec 69 West of the 6°i P.M-, as hearing N89'36'25"W and all hearings contained herein relative thereto: Parcel 1: Continencing at the Gast One -Quarter Corner of Said Section 2, Thence N89'36'25"W 1570.06 Icet along the North line of the Southeast One -Quarter of said Section 2: hhence S00021'23`W 38.61 feet to the intersection of the South Right-of=cvav line of I Iickory Street with the Centerline of Vacated Fourth Avenuc; Thence S00°2I "2-W 65.23 Icet along the centerline ol'said Vacated Fourth Avenue to the POINT OF BEGINNING; Thence S00'1I'2 3"W 16.00 Icet continuing alone said vacated Centerline: 'I -hence S89'38' 37"F 8.00 feet: lhcncc N00'21'23'I 16.00 1ceC thence N89'38' 37"W 8.00 feet to the POINT OF BEGINNING — Together with: Parcel 2: Conrntencine at the Fast One -Quarter Corner ol'Said Section 2. Thence N89'36'25"W 1570.06 feet along the North line of the Southeast One -Quarter of said Section 2: 'I'hence S00'21'23"W 38.61 feet to the intersection of the South Right -of vvay line of Hickory Street with the Centerline ol' Vacated Fourth Avenue: Thence S00°21'23"W 22926 feet along the Centerline of said Vacated Fourth Avenue to the POINT OF BEGINNING: Thence S00021'23"W 16.00 Icet continuing alone said vacated Centerline: Thence S89'38'37 H 8.00 feet: Thence N00'21'23"F, 16.00 tcet: thence N89038737"W 8.00 feet to the POIN'l OF BEGINNING. Together with: Parcel 3: Commencing at the East One -Quarter Corner of Said Section 2, hhence N89036'25"W 1570.06 feet alone the North line of the Southeast One -Quarter of said Section ^_; Thence S00'21'23"W 38.61 feet to the intersection of the South Right -of way line of Elickory Street with the Centerline of Vacated Fourth Avenue; Thence S00'21'23"W 34236 feet along the centerline of said Vacated Fourth Avenuc to the POINT OP BEGINNING: Thence S00'21'23"W 16.00 Ices continuing alone said vacated Centerline, Thence S89'38'37E 8.00 1ecu Thence N00'21'23"F 16.00 leet: thence N89038' 37-W 8.00 feet to the POINT OF BEGINNING. And together with: Parcel 4: Commencing at the East One -Quarter Corner of Said Section'_. Thence N89036'25"W 1570.06 feet along the North line of the Southeast One -Quarter of said Section 2: Thence S00'21'23"W 38.61 feet to the intersection of the South Right-of-way line of I lickory Street with the Centerline of Vacated Fourth .Avenue: Thence S00'21'23"W 438.12 feet along the centerline ofsaid Vacated Fourth Avenue to the POINT OF BEGINNING; Thence S00'21'23"W 12.00 feet continuing along said vacated Centerline to the North Right-ofway line of Fourth Street (also known as Hemlock Street): Thence S89'34'07"G 8.00 1ci t alone said North Right-of-way line: Thence N00'21'23"E 12.00 feet: thence N89°34'07W 8.00 feet to the POINT OF BEGINNING. Described Easement contains a total of 480 Square Feet more or less. SURVEYOR'S STATEMENT; I. Robert iN1. Edmonds, a duly registered Professional 1-mid Surveyor in the State of Colorado. do hereby state that this description was prepared by me. Any modification orthis description relieves this surveyor from any liability. � _- 7v58 _ Robert �Vt. Edmonds o- Colorado Protessional Land Survcv6?;No :a J968' A Page 1 of 2 —57 - Phone: 1970) G8G-G970 "- S P.O. Pox G4 I fax: (970) 284-G802 LAND Seli`VEYtNG, WC. Kersey. CO 5OG44 www. EdmondsLand5arveying.e.om EXHIBIT B 8' WIDE DRAINAGE. AND LANDSCAPE EASEMENT DESCRIPTION: Being located within Vacated Fourth Avenue adjoining Block 21, Riverside Park, located within the Southeast One -Quarter of Section 2. Township 7 North, Range 69West of the 6"' P.M., Citv of Dort Collins. County of Larimer, State of Colorado and Considering the North Line of the Southeast One -Quarter ol'Section 2. Township 7 North. Range 69 West of the (i h P.M.. as bcarim, N89'36'2 "W and all bearings contained herein relative thereto: Commencing at the East One -Quarter Comer of Said Section 2. Thence N89°.36'25"W l i70.06 feet along the North line of the Southeast Onc-Quarter of said Section 2: Thence S0002l'2 3''W 38.61 Ices to the intersection of the South Right-of-way line ol' I lickory Street with the Centerline of Vacated Fourth Avenue, said point being the. TRUE, POINT Oh BEGINNING: Thence S00°21'2;" W 450.12 feet along the centerline of said Varltcd Fourth Avenue to the North Right -of way line of Pourtli Street (also known as Hemlock Street): Thence S89034'OTT 8.00 Icct along said North Right-of-way line: Thence N00°21'23'T 450.12 feet parallel with the centerline of said Vacated Fourth Avenue to the South RlLlht-of-way line of hlickory Street: Thence N89°33'57"W 8.00 feet along said South Right -of way line of Hickory Street to the TRUE POINT OF BEGINNING. Described Easement contains 3.601 Square Fect more or less. SURVEYOR'S STATEINENT: 1. Robert M. Edmonds, a duly registered Professional Land Surveyor in the Slate ol'Colorado. do hereby state that this description was rvPared-b'v? ma Any modification ol'(his descrip(ion relieves this surveyor from anc liability. X1. ^. L!C Robert M. Edmonds Colorado Professional Land Surveyor No. 37968 EXHIBIT "A" All that portion of the west 20.0 feet of the east half of vacated Fourth Avenue in Riverside Park in the City of Fort Collins, Larimer County, Colorado, that lies between the centerline of vacated Fourth Street and the East-West centerline of Section 2, T. 7 N., R. 69 W. of the Sixth Principal Meridian. Containing an area of 10,600 square feet or 0.24 of an acre, more or less. 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 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 19th day of March, A.D. 2013, and to be presented for final passage on the 16th day of April, A.D. 2013. Mayor ATTEST: Passed and adopted on final reading on the 16th day of April, A.D. 2013. Mayor ATTEST: City Clerk ORDINANCE NO.051, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE AND LANDSCAPING EASEMENT AND AN ACCESS EASEMENT ON THE HICKORY TRAIL PROPERTY TO CHARLES MESERLIAN WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado known as the Hickory Trail, as described on Exhibit "A", attached and incorporated herein (the "City Property"); and WHEREAS, Charles Meserlian (the "Developer") has requested a drainage and landscaping easement, as described on Exhibit `B", attached and incorporated herein (the "Drainage and Landscaping Easement"), and an access easement, as described on Exhibit "C", attached and incorporated herein (the "Access Easement") on the City Property for the benefit of the Hickory Commons project, a residential development which the Developer is planning to construct adjacent to the City Property in the 300 Block of Hemlock Street (the "Development"); and WHEREAS, the proposed Drainage and Landscaping Easement will be used to carry stormwater flows from the westerly five feet of the Development to a water quality pond on the Development property and for the installation and maintenance of landscaping improvements for the Development; and WHEREAS, the proposed Access Easement will be used to provide a pedestrian connection between the Development and the Hickory Trail located on the City Property; and WHEREAS, the Developer will compensate the City $1,890 for the Easements and for staff processing time; and WHEREAS, City staff has identified no negative impacts to the City that will result from the granting of the Easements; and WHEREAS, Section 23-111(a) of the City Code provides 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 Easements on the City Property to the Developer 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 Easements to the Developer on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation March 19, 2013 -2- ITEM 15 FINANCIAL / ECONOMIC IMPACTS Real Estate Services reviewed comparable sales and the Larimer County Assessor's data to prepare a value estimate for the requested easements. The consideration for the drainage and landscaping easement, access easement, and the easement processing fee for Real Estate Services is $1890. The Developer will be responsible for all costs of installation of the easement improvements and for the restoration of the City Property. In addition, the developer will maintain the landscape improvements, including the irrigation system and associated water expenses, in perpetuity, ultimately reducing the Citys costs for maintenance on this portion of the Hickory Trail property. ENVIRONMENTAL IMPACTS None. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance No. 051, 2013 on First Reading and Ordinance No. 043, 2013 on Second Reading. City Parks staff has evaluated the proposed easements and they do not believe the conveyance of the easement interests will interfere with the intended use of the City's Property as part of the Hickory Trail. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, March 5, 2013 (w/o attachments) 2. Location Map kQ<-v>vd 4/16/13 -0 -T�As I Ecy- DATE: March 19, 2013 STAFF: John Stokes, Mark Sears, Tawnya Emst, Craig Foreman Helen Matson, Daylan ATTACHMENT 1 aa1 Items Relating to the Conveyance of Easements on Salyer Natural Area to Charles Meserlian A. Second Reading of Ordinance No. 043, 2013, Authorizing the Conveyance of a Non -Exclusive Drainage Easement on Salyer Natural Area to Charles Meserlian. B. First Reading of Ordinance No. 051, 2013, Authorizing the Conveyance of a Non -Exclusive Drainage and Landscaping Easement and an Access Easement on the Hickory Trail Property to Charles Meserlian. EXECUTIVE SUMMARY Charles Meserlian{the"Developer") is planning a 1.-89 acre live/work residential development called Hickory Commons - (the "Development") located in the 300 block of Hemlock Street, immediately north of the City's Salyer Natural Area and east of City -owned property known as the Hickory Trail. The Development requires off -site drainage and landscaping improvements on the Hickory Trail property. In order the complete the installation of the planned improvements, the Developer is requesting that the City grant a 3,601 square foot non-exclusive drainage and landscaping easement and an access easement on City -owned property. The Development also requires a drainage easement on Salyer Natural Area for the discharge of stormwater that will be collected in a detention pond on the Development property and then released at a controlled rate through a buried pipeline within the Hemlock Street right-of-way. This easement only allows stormwater to cross the Salyer Natural Area Property to the Cache la Poudre River and does not involve construction of any improvements on Natural Areas Department property. Ordinance No. 043, 2013, unanimously adopted on First Reading on March 5, 2013, authorizes the conveyance of the non-exclusive drainage easement on the Salyer Natural Area to the Developer. Ordinance No. 051, 2013, would authorize the conveyance of the non-exclusive drainage and landscaping easement and access easement on the Hickory Trail property. BACKGROUND / DISCUSSION Hickory Commons is a proposed development in the City. The Development has a site of 1.89 acres and is located west of North College between Hemlock and Hickory Streets. The Development includes seven live/work buildings and a detention pond. The Development requires an 8 foot wide off -site drainage easement on the adjacent Hickory Trail property owned by the City. This easement is for a drainage swale to carry stormwater flows from the westerly five (5) feet of the Development to a pipeline on the Development that flows to their water quality pond. In addition, the Developer is required to provide landscaping for the Development and the Developer is asking to place this landscaping on the City's property. The area to be landscaped is eight (8) feet wide and is 450 feet long. In this area, the Developer will plant eight (8) trees and plant native grass. An irrigation system will be installed to water the trees and to establish the native grass. The Developer is requesting a drainage and landscaping easement from the City consisting of 3,601 square feet. The area of the requested easement abuts the developed trail and is currently undeveloped. This Development is also required to have connectivity to the Hickory Trail, so the Developer is planning to construct sidewalks in four locations from the Development to the Trail and he is requesting the City grant an access easement for the pedestrian connection.