HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/1999 - FIRST READING OF ORDINANCE NO. 7, 1999, AUTHORIZIN AGENDA ITEM SUMMARY ITEM NUMBER: 21
DATE: January 5, 1999
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
SUBJECT:
First Reading of Ordinance No. 7, 1999,Authorizing the Conveyance of 645 Square Feet of Land
to Doyle Duin,to Correct An Erroneous Conveyance to the City as Part of its Timberline Road and
Dry Creek Channel Right-of-Way.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
In May, 1998,the City acquired a portion of Doyle Duin's property for the construction of the Dry
Creek Channel and the Timberline Road Extension. Recently an error was discovered in the legal
description for the property acquired. The original legal description resulted in the City taking land
located under Mr.Duin's commercial building. The revised legal description corrects the error and
moves the property line out from under the building and reserves a permanent access easement to
the storm drainage channel.
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• ORDINANCE NO. 7, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF 645 SQUARE FEET OF LAND
TO DOYLE DUIN, TO CORRECT AN ERRONEOUS CONVEYANCE
TO THE CITY AS PART OF ITS TIMBERLINE ROAD AND DRY CREEK
CHANNEL RIGHT OF WAY
WHEREAS, in May, 1998, the City of Fort Collins obtained from Doyle Duin title to a
certain parcel of real property required by the City for its constriction of the Timberline Road
Extension and Dry Creek Channel Improvements; and
WHEREAS,subsequent review ofthe survey and legal description for the property obtained
by the City and the adjacent property retained by Doyle Duin has revealed that an error was made
in the preparation of the legal description of the land when the same was conveyed to the City; and
WHEREAS, in order to allow Doyle Duin to convey his remaining property free of title
defects and encumbrances not intended at the time of the City's acquisition,a quitclaim deed from
the City to Doyle Duin conveying back the 645 square feet erroneously included in the original
conveyance will be necessary; and
WHEREAS, City staff has determined that the conveyance of the 645 square feet will not
have a detrimental impact on the City, and will be consistent with the originally intended
conveyance, and staff recommends the approval of the conveyance of that property; and
WHEREAS, the 645 square feet was purchased at least in part for the use of the City
Stormwater Utility; 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 for use by a City Utility,
provided the Council first finds by ordinance that any sale or other disposition of real property will
not materially impair the viability of the utility system as a whole, and 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 above-described conveyance of that 645 square feet more particularly
described on Exhibit"A",attached hereto and incorporated herein by this reference,will not impair
the viability of the City stormwater utility as a whole,and is in the best interests of the City of Fort
Collins.
Section 2. That the City Manager is authorized to execute such documents as may be
necessary and appropriate to convey the 645 square feet described on Exhibit"A" to Doyle Duin.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January,A.D. 1999, and to be presented for final passage on the 19th day of January, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of January, A.D. 1999.
Mayor
ATTEST:
City Clerk
EXHIBIT"A"
DESCRIPTION OF A TRACT OF LAND TO BE DEEDED TO DUIN LOCATED ON THE
• CITY OF FORT COLLINS PROPERTY
A tract of land located in the Northwest Quarter of Section 17, Township 7 North,
Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County,
Colorado, the said tract is also located in that certain tract of land described in a Rule
and Order recorded August 26, 1998 at Reception No. 98073359, records of the Clerk
and Recorder of the said Larimer County, and is also located in Lot 1, of the Wimmer
M.L.D. 41-92, records of the said Clerk and Recorder more particularly described as
follows;
Commencing at the northeast corner of Lot 2, of the said Wimmer M.L.D.41-92;
THENCE along the north line of-the said Lot 2 and along the north line of the said Lot 1,
South 85 degrees 38 minutes 48 seconds West for a distance of 190.00 feet to the
west line of the said tract described in the Rule and Order recorded at Reception No.
98073359;
THENCE along the said west line, South 00 degrees 39 minutes 54 seconds East for a
distance of 23.71 feet to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said west line, South 00 degrees 39 minutes 54 seconds
East for a distance of 16.37 feet to the south line of the said tract described in the said
• Rule and Order;
THENCE along the said south line, North 85 degrees 38 minutes 48 seconds East for a
distance of 44.58 feet to the west line of the said tract described in the said Rule and
Order;
THENCE along the northerly prolongation of the said west line, North 00 degrees 39
minutes 54 seconds West for a distance of 12.64 feet;
THENCE leaving the said northerly prolongation, North 89 degrees 33 minutes 41
seconds West for a distance of 44.50 feet to the point of beginning. Containing 645
square feet more less.
RESERVING:
Reserving the east 12.00 feet of the above described tract as a Permanent Access
Easement.
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