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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2000 - SECOND READING OF ORDINANCE NO. 3, 2000, MODIFYING AGENDA ITEM SUMMARY ITEM NUMBER: 8 DATE: January 18, 2000 • FORT COLLINS CITY COUNCIL STAFF: Steve Roy SUBJECT: Second Reading of Ordinance No. 3, 2000, Modifying the Description of a Previously Authorized Basement Conveyance to Charles R.Nauta and Connie L.Nauta. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. B EXECUTIVE SUMMARY: In 1997,the City Council approved the execution of two drainage easements to Charles and Connie Nauta(the"Nautas"),pursuant to a Release and Settlement Agreement(the"Settlement Agreement') that had been entered into between the City and the Nautas. Those deeds of easement have not yet . been executed because the property to be conveyed by one of the easements had been encumbered by a railroad right-of-way,and the City was not in a position to convey that portion of the easement to the Nautas. The City has recently acquired title to that railroad right-of-way and is now in a position to convey that easement without any railroad right-of-way encumbrance. Ordinance No. 3,2000,which was unanimously adopted on First Reading, substitutes the new legal description of the easement for the one approved by Ordinance No. 79, 1997. i I AGENDA ITEM SUMMARY ITEM NUMBER: 21 DATE: January 4, 2000 • FORT COLLINS CITY COUNCIL STAFF: Steve Roy SUBJECT: First Reading of Ordinance No. 3, 2000, Modifying the Description of a Previously Authorized Easement Conveyance to Charles R. Nauta and Connie L. Nauta. RECOMMENDATION: Staff recommends adoption o CeOrdi ClceTstadin EXECUTIVE SUMMARY: In 1997,the City Council approved the execution of two drainage easements to Charles and Connie Nauta(the"Nautas"),pursuant to ase , ett (the"Settlement Agreement") that had been entered into be een th an e a deeds of easement have not yet been executed because the pr rty to conv d one of easements had been encumbered by a railroad right-of-way,and n ikon tnvey that portion of the easement to the Nautas. The City has recently acquired title to that railroad right-of-way and is now in a position to convey that easement without any railroad right-of-way encumbrance. This Ordinance would substitute the new legal description of the easement for the one approved by Ordinance No. 79, 1997. BACKGROUND: On September 15, 1993, the Nau f ed, o Di ' t Court, a lawsuit against the City of Fort Collins(the"Law t"). La th a ged that the City had interfered with the flow of water throug ertain ergr loc d under the City's Utility Service Center located at 700 Wood S ' ro rty"). Th autas alleged in the Lawsuit that said underground drains historically transported certain quantities of water to the adjacent property owned by the Nautas located at 832 Wood Street. On April 6, 1995,the City and the Nautas entered into a Settlement Agreement in order to settle and compromise the claims asserted by the Nautas against the City in the Lawsuit pertaining to the alleged interference with the Nautas underground water. Under the Settlement Agreement,the City agreed to construct certain improvements to attempt to replenish the Nautas underground water flows that the City had allegedly interfered with. The City and the Nautas also agreed in the Settlement Agreement that upon completion of the construction of such improvements by the City that the City would grant to the Nautas certain easements for underground drains across the City's Property. The Settlement Agreement further provides that in consideration of the City conveying said easements DATE: January 4, 2000 2 ITEM NUMBER: 21 _ to the Nautas that the Nautas will dismiss the Lawsuit with prejudice and release the City from all claims asserted in the Lawsuit. The specific easements which the Settlement Agreement provides that the City will convey to the Nautas include the Nauta drainage easement which is legally described on Exhibit"A" attached to the proposed Ordinance (the "Nauta Drain Easement") and the Griffin drain easement, which is legally described on Exhibit`B"attached to the proposed Ordinance(the"Griffin Drain Easement"). On June 3,1997,Council adopted Ordinance No.79, 1997,approving the Settlement Agreement and authorizing the conveyance of the Nauta Easement and the Griffin Easement to the Nautas. The legal description approved for Gnn Ease enPurlin, d' ce o. 79, 1997 was not acceptable to the Nautas because it did n includeertain hro which the new Griffin drain had been installed,since this prope was oied b gton orthern-Sante Fe Railroad and the City was not in a position to convey any easement through that railroad right-of-way. On November 12, 1998,the City acquired ownership of that railroad right-of-way, so that it is now in a position to include that portion of the property in the legal description for the Griffin Easement. The revised description of the Griffin Easement would be approved by the Ordinance presently proposed for Council's consideration, together with the original description of the new Nauta Easement.