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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/04/2000 - FIRST READING OF ORDINANCE NO. 3, 2000, MODIFYING AGENDA ITEM SUMMARY ITEM NUMBER: 21 I 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 of the Ordinance on First Reading. 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. 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 Nautas filed, in Larimer County District Court, a lawsuit against the City of Fort Collins (the "Lawsuit"). In the Lawsuit,the Nautas alleged that the City had interfered with the flow of water through certain underground drains located under the City's Utility Service Center located at 700 Wood Street(the "City's Property"). The Nautas 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 the Griffin Easement by Ordinance No. 79, 1997 was not acceptable to the Nautas because it did not include certain property through which the new Griffin drain had been installed,since this property was owned by the Burlington Northern-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. I . ORDINANCE NO. 3, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS MODIFYING THE DESCRIPTION OF A PREVIOUSLY AUTHORIZED EASEMENT CONVEYANCE TO CHARLES R.NAUTA AND CONNIE L. NAUTA WHEREAS, on or about September 15, 1993, Charles R.Nauta and Connie L. Nauta (the "Nautas")filed Civil Action No. 93 CV 629-2 in the Larimer County District Court(the"Lawsuit") against the City of Fort Collins ("the City"); and WHEREAS,the Nautas alleged in the Lawsuit that the City had interfered with the flow of water through certain underground drains located under the City's Utility Service Center located at 700 Wood Street(the"City's Property"); and WHEREAS,on April 6, 1995,the City and the Nautas entered in a"Release and Settlement Agreement,"a copy of which is on file in the office of the City Clerk(the"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; and WHEREAS, pursuant to 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; and . WHEREAS, 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 new,separate easements for each of the two underground drains that would continue to cross through the City's Property (the "Nauta Easement" and the "Griffin Easement"); and WHEREAS, on June 3, 1997, through the adoption of Ordinance No. 79, 1997, the City Council approved the Settlement Agreement;found that the conveyance of the Nauta Easement and the Griffin Easement to the Nautas was in the best interests of the City; found that the conveyance of those easements would not materially impair the viability of the City's water utility system as a whole and that it would be beneficial to the citizens of the City;and approved the conveyance of the easements as described on Exhibits "A" and"B"to Ordinance No. 79, 1997; and WHEREAS,the easements have not yet been conveyed to the Nautas,primarily because the legal description for the Griffin Easement omitted a portion of the City's property that was encumbered by a railroad right-of-way; and WHEREAS, the City has recently acquired that right-of-way and is now in a position to include the property previously encumbered by the right-of-way to the Nautas as part of the legal description of the Griffin Easement; and WHEREAS, it is necessary for the City Council to approve the revised description of the . Griffin Easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,that the Mayor is hereby authorized to execute such instruments of conveyance as are necessary for the City to convey to the Nautas, pursuant to the terms of the Settlement Agreement, the Nauta Drain Easement and the Griffin Drain Easement,as described on Exhibits"A"and`B", respectively, attached hereto and incorporated herein by this reference, and that the description of the Griffin Easement appearing on Exhibit"B"hereto shall be substituted for,and shall supercede, the description of the same which was attached as Exhibit`B"to Ordinance No. 79, 1997. Introduced, considered favorably on first reading, and ordered published this 4th day of January, A.D. 2000, and to be presented for final passage on the 18th day of January, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of January,A.D.2000. Mayor ATTEST: City Clerk EXHIBIT"A" (NAUTA DRAIN EASEMENT) sac. Engineering Consultants 209 S.Meldnmi Fort Coffins.Colorado 80521 303/482.592:.' FAX:303/482 6361' DESCRIPTION FOR NAUTA DRAIN EASEMENT: A drainage easement being a portion of City of Fort Collins Service Center P.U.D. located in the Southwest Quarter of Section 2, 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 Northerly line of said City of Fort Collins Service C:e:nte-r P. U.D. as bearing South 6GO16122" East and with all bearings contained herein relative thereto: Commencing nt the Northwest corner of said City of Fort Collins Service center P.U.D. ; thence along the Northerly line of said City of Fort: Collins Service Center P.U.U. , South 6603.612211 East, 31.6. 75 feet to the POINT OF BEGINNING; thence continuing along said • llorthcrly line, South 66016/2211 East, 21 . 62 feet; thence departing said lortherly line, South 0102.2142" West, 28. 07 feet; thence, South 17017117" Ea.t, 83 . 33 feat; thence, South 72042143" West, :0. 00 .feet; thence, Ilorth 1701.7117" West., 9 . 55 feet; thence, South t;;101O157" East, 30 . 94 feet; thence, South 87049103" West., 20 . 00 Sent; thence, Nort;i 02°1015711 West, 59 . 80 feet; thence, SCGuth 60°0213c." West, 23 .25 feet; thence, North 29057125" Hest, 20 . 00 feea; thence, llortli. 60002135" East, 34 . 20 feet; thence, North O1022. 142" East., 32 . :;2 feet to the Point Of Beginning. Thra r.bove desor.ibed drainage easement contains 4, 307 square feet anO is subject to all easements and rights-of-way now on record or existing. 06/26/95 020-132 . 01 • Denver 3DW458-WS EXHIBIT "B" (GRIFFIN DRAIN EASEMENT) DESCRIPTION OF THE GRIFFIN DRAIN EASEMENT A 20.00 feet wide easement for the extension of the Griffin Drain located in the Northwest quarter of Section 11, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, a portion of the said Griffin Drain easement is located in the Plat of "City Of Fort Collins Service Center P.U.D." a plat of record with the Clerk and Recorder of the said Larimer County, the said Griffin Drain is also located in that certain tract of land owned by the said City of Fort Collins as described in a Warranty Deed dated July 2, 1992, and recorded at Reception No. 92037972 records of the said Clerk and Recorder, the said Griffin Drain is also located in that certain tract of land owned by the said City of Fort Collins as described in a Quit Claim Deed dated December 9, 1998 and recorded at Reception No. 98108085 records of-the said Clerk and recorder, more particularly described as follows; Commencing at the intersection of the east right of way of Wood Street with the north right of way of Elm Street, the said intersection point is also the TRUE POINT OF BEGINNING of this description; THENCE along the said east right of way of Wood Street, North 00 degrees 14 minutes 48 seconds West for a distance of 20.00 feet to a line which is 20.00 feet (measured at right angles) north of and parallel with the said north right of way of Elm Street; THENCE along the said parallel line, North 89 degrees 36 minutes 25 seconds East for a distance of 843.95 feet; THENCE leaving the said parallel line, North 09 degrees 40 minutes 42 seconds East for a distance of 436.41 feet; THENCE North 17 degrees 30 minutes 13 seconds East for a distance of 363.26 feet to the north line of the said Plat of "City of Fort Collins Service Center P.U.D. ; THENCE along the said north line, South 86 degrees 24 minutes 36 seconds East for a distance of 20.60 feet to a point which is 247.73 feet westerly of the northeast corner of the said Plat, as measured along the north line of the said Plat; THENCE leaving the said north line, South 17 degrees 30 minutes 13 seconds West for a distance of 366.84 feet; THENCE South 09 degrees 40 minutes 42 seconds West for a distance of 451.80 feet to the said north right of way of Elm Street; THENCE along the said north right of way, South 89 degrees 36 minutes 25 seconds West for a distance of 860.77 feet to the point of beginning. Containing 33230 square feet (0.763 Acres) more less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 CI`O FC GRIFFIN DRAIN EASEMENT SERVICEjw PUD `°'T� EXTENSION LOOMIS O o S/� 20' EASEMENT 4042-C438.41-.._ ST. p ~ 7 w LL) N e w a - a�r n�four crxuvs ,SOPNA2•Gw7t7P iCo GRANT O.:-: ST. co 17 i�i f ia7. RfGA42 „;'o pNb:i^ 01:•ii: l�pV 1. , 20' EASEMENT z NOVMAER 18, 1999 NOTE. THIS SKETCH AND THE AREAS 20.00' SHOWN, DEPICT THE ATTACHED - N00014'48'W PROPERTY DESCRIPTION ONLY. WOOD STREET AND DO NOT REPRESENT A MONLMIENTED BOUNOARY SURVEY. . CRVT2.DwG