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Home My WebLink AboutHICKORY COMMONS - FDP - FDP130014 - REPORTS - EASEMENTS (5), EXHIBIT C Page 2 of 2 PEDESTRIAN ACCESS EASEMENTS BEING FOUR PARCELS LOCATED WITHIN VACATED FOURTH AVENUE, ADJOINING BLOCK 21, RIVERSIDE PARK, BEING LOCATED WITHIN THE SOUTHEAST Y4 OF SECTION 2, T7N, R69W OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. HICKORY STREET , �,W C SWUMMSON N.89.36'25' W 2647.01'. NLW7N UNE SLIZ4 SECTKW 2 -T7N R69W _ CYi SEC. 2. T7N, R69W 'SOO21'23-W �6'25 W 1570.06' ALUMONUMENT,NUM PL5�37612� SOUTH. MOIpTR-OF-RWFA�Y7 LINE 38.61 EYi SEC. 2, T7N, R69W PLAT I� Po SO PAPo(� . i FOUND MONUMENT. ALUMINUM 20123 I � � LOT 18 LOT 17 D �'Ock 2 I rL4 LOT 16 EASD4£NT( 28 S�q.F ) n LOT Is I Z IL2 ¢� LOT II — LOT rJ • p � � o lOL,� LOT 12 I� � U� • 2d N111E CITY OF FORT Q S PARCEL LOT 11 (PARCEL N0. 97021-.15-908) N Y LOT 00 I — P£D£SIRlAN ACCESS - EAS£MFNT(tlza sq.FcJLOT 9 3J2 t�4 LOT 8 — � N LOT 7 m LOT 6 ' �,V�4 LOT PED£S7RIAN ACCESS EASEM£NT(trz6 sq.FL)LOT 1 - LOT J /O ^I LOT 2 Oi PEDESTRIAN ACCESS LOT 1 IL8 EASEMENT (:96 Sq.F) J J ORTH RIGHT -OF. -WAY L6 ME OF FOURTH STREET FOURTH STREET (HEMLOCK STREET) •R14ER9DE SCALE: 1'=60' PAW s&7 PLATTED AS FOURT)f. STREET STREET SION d ASSESSOR ANFO AS HEMLOCK STREET LINE TABLE LINE BEARING DISTANCE L1 S0021'23'W 16.GO' L2 S89'38'37'E 8.00' L3 N002 '23"E 16.00' L4 N89'38'37'W 8.00' L5 S00'21'23'W 12.00' L6 S8934'07'E 8.00' L7 N00'21'23'E 12.00' L8 I N89'34'07'W 8.00' ol�oRp,DO :lc` -so Ni4 �3 .:a> LASlO S , ROBERT M. EDMONDS;00p 37968 PREPARED BY..- EDMQNDS 691MD SuP.VMN 4 IMF, P.O. BOX 641-K£RSEY, CO 80644. EL PHONE.' (970) 686-6970 FAX.. (970) 284-6802 www.EdmordsLandSurwyng.com N z s Page 1 of 2 �Ci EL Phone: (970) G8G-G970 S P.O. Box G4 I Fax: (970) 2847G802 LAND SURVEYING, (Ne_ Kcr5ey. CO 8OG44 www. ComondoLan45urVeyiny. com EXHIBIT C PEDESTRIAN ACCESS EASEMIENTS DESCRIPTION: Four (4) parcels 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., City of Fort Collins, County of Larimer, State of Colorado and Considering the North Line of the Southeast One -Quarter of Section 2, Township 7 North, Range 69 West of the 6th P.M., as bearing. N89036'25"W and all bearings contained herein relative thereto: Parcel 1: Commencing at the East One -Quarter Comer of Said Section 2, Thence N89036'25"W 1570.06 feet along the North line of the Southeast One -Quarter of said Section 2; Thence S00021'23"W 38.61 feet to the intersection of the South Right -of --way line of Hickory Street with the Centerline of Vacated Fourth Avenue; Thence S00°21'23"W 65.23 feet along the centerline of said Vacated Fourth Avenue to the POINT OF BEGINNING; ThenceS00'21'23"W 16.00 feet continuing along said vacated Centerline; Thence S89'38'3T'E 8.00 feet; Thence N00°21'23"E .16.00 feet; thence N89°38'3T'W 8.00 feet to the POINT OF BEGINNING. Together with: Parcel 2: Commencing at the East One:Quarter Comer of Said Section 2, Thence,N89°36'25"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 Hickory Street with the Centerline of Vacated Fourth Avenue; Thence .S00°21.'23"W 229.26 feet along the Centerline of said Vacated Fourth Avenue to the POINT OF BEGINNING; Thence S00°21'23"W 16.00 feet continuing along said vacated Centerline; Thence S89°38'37"E 8.00 feet, Thence NW21'23"E 16.00 feet;. thence N8903873T'W 8.00 feet to the POINT OF BEGINNING. Together with: Parcel 3: Commencing at East One -Quarter Comer of Said Section 2, Thence N89036'25"W 1570.06 feet along the North line of the SoutheastOne-Quarterof said Section 2; ThenceS00°21'23"W 38.61: feet. to the intersection of the South Right-of-way line of Hickory Street with the Centerline of Vacated Fourth Avenue; Thence S00°21'23"W 342.36 feet along the centerline of said Vacated Fourth Avenue to the POINT OF BEGINNING; Thence S00°21'23"W 16.00 feet continuing along said vacated Centerline; Thence S89"38'37"E 8.00 feet; Thence N00'21'23"E 16.00 feet; 'thence NW38137"W '8.00 feet to the POINT OF BEGINNING. And together with: Parcel 4: Commencing at the East One -Quarter Corner of Said Section 2, Thence N89036'25"W 1570.66 feet along the North One 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 Hickory Street with the Centerline of Vacated Fourth Avenue; Thence S00°21'23"W 438.12 feet along the centerline of said 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-4-way line of Fourth Street (also known as Hemlock Street); Thence S89'34'07'E 8.00 feet along said North Rightof-way.line; Thence N00°21'23"E 12.00 feet; thence N89034'07'W 8.00 feet to the POINT OF BEGINNING. Described Easement contains a total of 486 Square. Feet more or less. SURVEYOR'S STATEMENT: 1, Robert M. Edmonds, a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this description was prepared m Any modification of this description relieves this surveyor from any liability. Mr'1 ,— - Robert M. Edmonds Colorado Professional 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 4 OF SECTION 2, T7N, R69W OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. HICKORY STREET PER44pppL�pT(�O�F SF r� RIGHT-OF-WAY W07H VAMES-y�LLgGE $U_8DIY1$1011 (J\ N 8936'25" W 2647.01' NORTH LNE SE114 SECTION _ T71R69W — — SOLY21'23'.W 1` N 8936'25" W 1570.06' PLS y38M2� SOUTH RIGHT-OF-WAY UNE 38.6�'�I OF r TTT Pp�x� N89'33'STW A"" \4 8.00 i LOT 18 LOT 17 — J W - ®I LOT 16 LOT rs for 14 — LOT 13, _ W 12 z LOT 12 -3? S Qi — — — 1Oi 11 Q: o O Ulf LOT 10 LOT 9 Q � — .LOT 8 O � N LOT 7 LOr'6 LOT s LOT 4 I ' LOT 3 — LOT 2 LOT I p0 Ll oq v ; 37963 . `a VV/'11..L LAN` 10, ROBERT M. EDMONDS. PLS FORT, 8' MTDE DRAINAGE —AND LANDSCAPE EASEMENT (33,601 S,.FQ (BEING THE WEST 8' OF THE CITY OF'FORT COLL9iS. PARCEL) FOUR774 STREET (HREIGMHLOpFCKW� SpETRRpELEA/T)p 80 RIYERSIOE PARKY F/8f m& PLATIED AS FOURTH STREET STREET SIGN & ASSESSOR MFO AS MRILOOi S1RFE7 PLS 20123 1 SCALE: 1"=60' PREPARED BY.. 1£Dib9om LlPPdD &SVMWA PAC. P.O. BOX 641—KERSEY, CO 80644 L� PHONE (970) 686-6970 FAX..- (979)-284-6802 WWW.Edmn dsLondSuT3eying.can N Page 1 of 2 C74 Phone: (970) G86-G970 ELS P.O. BOX G4 I Fax: (970) 284-G802 LAND StJkVEYtAhG, We- Kersey, CO 8OG44 www. UmendsLand Surveying. com 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, 69Westof the 6'° P.M., City of Fort Collins, County of larimer, State of Colorado and Considering the North Line of the Southeast One -Quarter of Section 2, Township 7 North, Range 69 West of the a P.M., as bearing N89136'25"W and all bearings contained herein relative thereto: Commencing at the East One -Quarter Comer of Said Section 2, Thence.N89'36'25"W 1570.06 feet along the North line of the Southeast One -Quarter of said Section 2; Thence S00021'23"W 38.61 feet to the intersection of the South Right-of-way line of Hickory Street with the Centerline of Vacated Fourth Avenue, said point being the TRUE POINT OF BEGINNING; Thence S00'21'23"W 450.12 feet along the centerline of said Vacated Fourth Avenue.to the North Right-of-way line of Fourth Street (also known as Hemlock Street); Thence S89034'07"E 8.00 feet along said North Right -of --way line; Thence N00'21'23"E 450.12 feet parallel with the centerline of said Vacated Fourth Avenue to the South Right-of-way line of Hickory 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 Feet more or less. SURVEYOR'S STATEMENT: 1, Robert M. Edmonds,.a duly registered Professional Land Surveyor in the State of Colorado, do hereby state that this description wa,s, mr.. Anymodifrcation of this description relieves this surveyor from any liability. [0e" koO SS/O....... .. M. Edmonds177 to 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: City Clerk 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 HickoryTrail, 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 City's 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 Citys Property as part of the Hickory Trail. ATTACHMENTS 1. Copy of First Reading Agent Item 2. Location Map COPY COPY DATE: March 19, 2013 STAFF: John Stokes, Mark Sears, Tawnya Ernst, Craig Foreman Helen Matson, Daylan Faggs ATTACHMENT 1 .JNCIL �jo - 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 . 0 Au ri .i g th ey ce of a Non -Exclusive Drainage and Landscaping Easement an n Acces asem cko ail Property to Charles Meserlian. EXECUTIVE SUMMARY Charles Meserlian (the "Developer") is planning a 1.89 acre live/work residential development called HickoryCommons (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 drCDeve easnrea the discharge of stormwater that will be collected in a detention pond on t n d at a controlled rate through a buried pipeline within the Hemlock Street r. allo stormwater to cross the Salyer Natural Area Property to the Cache la Poudr • n 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 dev t i IN s a site of 1.89 acres and is located west of North College between Hem k an i • ory St t .The ent includes seven live/work buildings and a detention pond. The Develop nt req it an 8 f i siage easement on the adjacent Hickory Trail property owned by the City. Thi n ra ge swany stormwater flows from the westerly five (5) feet of the Development to a pip a on the evelopment 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 h nnecf • o th il, so a Developer is planning to construct sidewalks in four locations from the D 3AWe op he it y g the City grant an access easement for the pedestrian connection. DATE: April 16, 2013 STAFF: John Stokes, Mark Sears, Tawnya Ernst, Craig Foreman Helen • • • Matson Davlan Mans Second 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 Meserian (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 HickoryTrail 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. This Ordinance, unanimously adopted on First Reading on March 19, 2013, would authorize the conveyance of the non-exclusive drainage and landscaping easement and access easement on the Hickory Trail property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS Copy of First Reading Agenda Item Summary - March 19, 2013 (w/o attachments)