HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/1999 - FIRST READING OF ORDINANCE NO. 38, 1999, AUTHORIZI ,. .
AGENDA ITEM SUMMARY ITEM NUMBER: 22
DATE: March 2, 1999
FORT COLLINS CITY COUNCIL STAFF:
Craig Foreman
SUBJECT:
First Reading of Ordinance No.38, 1999,Authorizing the Conveyance of Real Property to Gary and
Caryn L. Delehoy in Exchange for an Access Easement.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
Funding of$1,600 for the easement is available and budgeted in the Conservation Trust Fund.
EXECUTIVE SUMMARY:
The City's purchase of the Hyde Open Space included land needed for access to Overland Trail Road
(see attached map). This land is no longer needed because other property needed to complete the
access to Overland Trail has not been obtained. The Delehoys have agreed to convey to the City a
new, non-public maintenance and access easement to the Hyde Natural Area in exchange for the
City's unneeded land and$1,600. This easement,together with other easements owned by the City,
will provide maintenance access to the Hyde Natural Area from Overland Trail.
. ORDINANCE NO. 38, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO
GARY AND CARYN L. DELEHOY IN EXCHANGE FOR AN ACCESS EASEMENT
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located northwest of the City in Larimer County,Colorado,known as the Hyde Open Space,which
includes a parcel of land,described on Exhibit"A",attached hereto and incorporated herein by this
reference (the"City Parcel"),that was intended to provide for access from the Hyde Open Space to
Overland Trail Road, in conjunction with other property in the area; and
WHEREAS, the other properties necessary to complete the access to Overland Trail Road
have not been obtained, and therefore the City Parcel is not needed for its originally intended
purpose; and
WHEREAS, staff has negotiated an alternative maintenance access route from the Hyde
Open Space to Overland Trail Road; and
WHEREAS, Gary and Caryn L. Delehoy (the "Delehoys") are the owners of the property
over which an access easement would be required for that access route, which is described on
Exhibit `B" attached hereto and incorporated herein by this reference (the"Easement Area"); and
WHEREAS, the Delehoys have agreed to convey a nonpublic easement for maintenance
purposes to the City in exchange for the City's conveyance of the City Parcel and the City's payment
of an additional $1,600; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City,provided the Council first
finds by ordinance that the proposed action is in the best interest of the City of Fort Collins.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the City Parcel to Gary and Caryn L. Delehoy, in
exchange for their grant of an access easement over the Easement Area for maintenance of Hyde
Open Space and payment of SIXTEEN HUNDRED DOLLARS ($1,600), is in the best interest of
the City of Fort Collins.
Section 2. That the City Manager be, and hereby is, authorized to execute such
documents as may be necessary to convey the City Parcel to Gary and Caryn L. Delehoy,to accept
a deed of easement from Gary and Caryn L.Delehoy for an access easement over the Easement Area,
and to execute such additional terms and conditions and conveyance documents as the City Manager,
. in consultation with the City Attorney,determines are necessary to protect the interests of the City,
consistent with the terms of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
March, A.D. 1999, and to be presented for final passage on the 16th day of March, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of March,A.D. 1999.
Mayor
ATTEST:
City Clerk
EXHIBIT A
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY TO BE
DEEDED TO DELEHOY
A tract of land located in the Northeast quarter of Section 32,
Township 8 North, Range 69 West of the Sixth Principal Meridian,
Larimer County, Colorado, the said tract is also located in that
certain tract of land described in a Warranty Deed recorded October
7, 1996 at Reception No. 96072684 records of the Clerk and Recorder
of the said Larimer County, more particularly described as follows;
Commencing at the east quarter corner of the said Section 32 ;
THENCE along the east line of the southeast quarter of the
said Section 32 , South 00 degrees 49 minutes 15 seconds West for a
distance of 679. 15 feet to the centerline of the now abandoned
Burlington Northern Railroad right of way;
THENCE along the said centerline of the abandoned railroad
right of way, North 55 degrees 33 minutes 26 seconds West for a
distance of 1206. 60 feet to the west line of the said tract of land
described Reception No. 96072684 records of the said Clerk and
Recorder;
THENCE along the west line of the said tract described at
Reception No. 96072684 , North 00 degrees 32 minutes 16 seconds East
for a distance of 60. 24 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE along the northerly prolongation of the said west line,
North 00 degrees 32 minutes 16 seconds East for a distance of 18 .07
feet to the northerly line of the said tract described at Reception
No. 96072684 ;
THENCE along the said northerly line, and along the west and
southerly lines of the said tract the following three (3) courses
and distances, (1) North 55 degrees 33 minutes 26 seconds West for
a distance of 390.48 feet;
(2) South 00 degrees 35 minutes 22 seconds West for a distance
of 18 . 06 feet;
(3) South 55 degrees 33 minutes 26 seconds East for a distance
of 390. 50 feet to the point of beginning. Containing 5857 square
feet more or 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
LOCATION SKETCH
City Property Deeded To Delehoy
N
NTS
NOVEMBER 19. 1997
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
3 CITY PROPERTY TO 8E MONUMENTED BOUNDARY SURVEY.
iv DEEDED TO DELEHOY
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DELEHOY.DWG
EXHIBIT B
iDESCRIPTION OF A PERMANENT ACCESS AND MAINTENANCE EASEMENT LOCATED
ON THE DELEHOY PROPERTY
A Permanent Access and Maintenance Easement located in the
Northeast quarter of Section 32 , Township 8 North, Range 69 West of
the Sixth Principal Meridian, Larimer County, Colorado, the said
Easement is also located in that certain tract of land described in
a Quit Claim Deed recorded June 7, 1993 at Reception No. 93037037
records of the Clerk and Recorder of the said Larimer County, more
particularly described as follows;
Commencing at the east quarter corner of the said Section 32 ;
THENCE along the east line of the southeast quarter of the
said Section 32 , South 00 degrees 49 minutes 15 seconds West for a
distance of 679 . 15 feet to the centerline of the now abandoned
Burlington Northern Railroad right of way;
THENCE along the said centerline of the abandoned railroad
right of way, North 55 degrees 33 minutes 26 seconds West for a
distance of 1206. 60 feet to the west line of that certain tract of
land described in a Warranty Deed recorded October 7, 1996 at
Reception No. 96072684 records of the said Clerk and Recorder;
THENCE along the west line of the said tract described at
Reception No. 96072684 , North 00 degrees 32 minutes 16 seconds East
for a distance of 20.98 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said west line, North 00 degrees
. 32 minutes 16 seconds East for a distance of 17. 98 feet;
THENCE leaving the said west line, North 55 degrees 59
minutes 42 seconds West for a distance of 677.81 feet to the
southerly prolongation of the west line of that certain tract of
land described in a Warranty Deed recorded August 17, 1990 at
Reception No. 90037019 records of the said Clerk and Recorder;
THENCE along the said southerly prolongated line, South 05
degrees 38 minutes 40 seconds West for a distance of 30. 99 feet to
the said centerline of the now abandoned railroad;
THENCE along the said centerline, South 55 degrees 33 minutes
26 seconds East for a distance of 30. 00 feet;
THENCE leaving the said centerline, North 79 degrees 26
minutes 34 seconds East for a distance of 17. 81 feet;
THENCE South 55 degrees 59 minutes 42 seconds East for a
distance of 630. 31 feet to the point of beginning. Containing
10672 square feet more or 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 COLLINS,580
FORT INS CO 80522
LOCATION SKETCH -DELEHOY
Permanent Access + Maintenance Easement
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NOVEMBER 19. 1997
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONL91ENTED BOUNDARY SURVEY.
DELEHOY.DWO
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Poudre River
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Bingham Hill Road New permanent access and
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