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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/18/2000 - RESOLUTION 2000-11 DECLARING CERTAIN CITY-ACQUIRED AGENDA ITEM SUMMARY ITEM NUMBER: 13 DATE: January 18, 2000 FORT COLLINS CITY COUNCIL STAFF' Cam McNair Ron Mills SUBJECT: Resolution 2000-11 Declaring Certain City-Acquired Property as Timberline Road Right-of-Way. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: The City completed the purchase of land for the Choices 95 Capital Improvements Project - Timberline Road Improvement Project in January 1999. Title companies have raised title insurance issues for adjacent property owners, because the areas located adjacent to the roadway and the property line are not clearly delineated as part of the right-of-way for Timberline Road. As a result, title insurance coverage for adjacent properties will not cover access to those properties,making the property less marketable. In order to resolve this problem staff has proposed that Resolution 2000- 11 be approved and recorded in the real property records of the Larimer County Clerk and Recorder. In addition, a portion of the property required for Timberline Road and related improvements was previously part of the Kingfisher Point Natural Area,and was acquired for the Timberline Extension Project from the Natural Areas Program through the payment of$36,980 to the 1/4 Cent Natural Areas Revenue Fund together with the transfer of one acre of land for the Riverbend Ponds Natural Area. The property acquired for use by the Project is part of the property declared to be right-of-way for Timberline Road and related improvements in the Resolution. The Resolution will establish a public record that the real property more particularly described on Exhibit "A," is intended for use by the City as right-of-way for Timberline Road and related improvements. I t i IB i • i i • RESOLUTION 2000-11 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS TIMBERLINE ROAD RIGHT-OF-WAY WHEREAS,as part of the process of acquiring land for the Choices 95 Capital Improvement Project-Timberline Road Improvement Project north of Prospect Road,the City purchased certain properties,took certain properties by eminent domain,and had certain parcels dedicated for right-of- way in connection with land use approvals; and WHEREAS,the public real property records regarding those properties acquired by the City by direct purchase with funds for the Timberline Project do not indicate that such property is for use by the City as Timberline Road right-of-way and related purposes; and WHEREAS,the lack of such indication in the public real property records of such properties has raised title insurance issues for adjacent property owners,because the areas located between the roadway and the property line are not clearly delineated as part of the right-of-way for Timberline Road and related improvements; and WHEREAS, a portion of the property required for Timberline Road and related • improvements was previously part of the Kingfisher Point Natural Area, and was acquired for the Timberline Extension Project from the Natural Areas Program through the payment of thirty-six thousand nine hundred eighty dollars ($36,980)to the 1/4 Cent Natural Areas Revenue Fund plus the transfer of one acre of land for the Riverbend Ponds Natural Area; and WHEREAS, in order to establish a public record that the real property under and adjacent to Timberline Road north of Prospect Road and more specifically described on Exhibit"A",attached hereto and incorporated herein by this reference(the"Right-of-Way"),is intended for use by the City as right-of-way for Timberline Road and related improvements,including without limitation public utilities,pedestrian,transit and bicycle access and improvements,landscaping,and such other related purposes as may now or in the future be determined appropriate, staff has recommended that the Council so declare by this Resolution. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby declares that the Right-of-Way described on Exhibit "A"hereto shall constitute right-of-way for Timberline Road and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping,and such other related purposes as may now or in the future be determined appropriate. Section 2. That the City Clerk shall cause this Resolution to be recorded in the real property records of the Latimer County Clerk and Recorder regarding the Right-of-Way upon final adoption. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of January, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT "A" • DESCRIPTION OF THE TIMBERLINE ROAD RIGHT OF WAY A tract of land located in the East half of Section 18,and in the West half of Section 17, all of Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larirner County, Colorado, the tract is a portion of that certain tract of land described in a Warranty Deed recorded on October 19, 1977 in Book 1807 at page 0853,and a portion of that certain tract of land described in three Warranty Deeds recorded February 6, 1997 at Reception No's 97007959, 97007960, 97007961, and a portion of that certain tract of land described in a Warranty Deed recorded February 28, 1985 at Reception No. 85009713, all being recorded at the Clerk and Recorder of the said Larimer County,the said tract is also a portion of Tracts 1 and 2 of Cache La Poudre Industrial Park P.U.D. a plat of record with the said Clerk and Recorder,more particularly described as follows; Considering the east line of the northeast quarter of the said Section 18 as bearing North 00 degrees 08 minutes 28 seconds East between a found aluminum cap monument LS 17497 at the east quarter comer of the said Section 18 and a found aluminum cap monument LS 17497 at the northeast corner of the said Section 18,based upon GPS observation. Commencing at the said east quarter comer of Section 18;THENCE along the said east line of the northeast quarter,North 00 degrees 08 minutes 28 seconds East for a distance of 233.01 feet to the westerly right of way of Timberline Road as dedicated on the said Plat of Cache La Poudre Industrial • Park P.U.D.,and to the TRUE POINT OF BEGINNING of this description;THENCE along the said westerly right of way,along a non-tangent curve to the right having a radius of 1130.00 feet a central angle of 06 degrees 00 minutes 03 seconds and an arc length of 118.35 feet, being subtended by a chord of North 28 degrees 02 minutes 39 seconds East for a distance of 118.30 feet to the north line of the said Tract 2, Cache La Poudre Industrial Park P.U.D.; THENCE along the said north line, non-tangent from the previous curve,North 89 degrees 50 minutes 39 seconds West for a distance of 2.85 feet; THENCE leaving the said north line,along a non-tangent curve to the right having a radius of 1014.50 feet a central angle of 53 degrees 52 minutes 41 seconds and an arc length of 953.98 feet, being subtended by a chord of North 39 degrees 45 minutes 39 seconds East for a distance of 919.22 feet; THENCE North 66 degrees 42 minutes 00 seconds East for a distance of 707.16 feet; THENCE along a curve to the left having a radius of 935.50 feet a central angle of 03 degrees 42 minutes 52 seconds and an arc length of 60.65 feet,being subtended by a chord of North 64 degrees 50 minutes 34 seconds East for a distance of 60.64 feet to the westerly line of that certain tract of land described in a Rule and Order recorded January 29, 1999 at Reception No. 99008223 records of the said Clerk and Recorder; THENCE along the said westerly line, non-tangent from the previous curve, North 36 degrees 28 minutes 42 seconds West for a distance of 173.90 feet; THENCE leaving the said westerly line, along a non-tangent curve to the right having a radius of 764.50 feet a central angle of 01 degrees 34 minutes 15 seconds and an are length of 20.96 feet, being subtended by a chord of South 65 degrees 54 minutes 52 seconds West for a distance of 20.96 feet; THENCE South 66 degrees 42 minutes 00 seconds West for a distance of 707.16 feet; THENCE along a curve to the left having a radius of 1185.50 feet a central angle of 66 degrees 32 minutes 38 seconds and an arc length of 1376.85 feet, being subtended by a chord of South 33 degrees 25 minutes 40 seconds West for a distance of 1300.76 feet;THENCE South 00 degrees 09 • minutes 21 seconds West for a distance of 816.17 feet; THENCE along a non-tangent curve to the right having a radius of 25.00 feet a central angle of 24 degrees 17 minutes 59 seconds and an arc length of 10.60 feet,being subtended by a chord of South 78 degrees 43 minutes 40 seconds West for a distance of 10.52 feet to the north right of way of Hoffman Mill Road as dedicated on the said Plat of Cache La Poudre Industrial Park P.U.D.; THENCE non-tangent from the previous curve, South 00 degrees 25 minutes 42 seconds East for a distance of 60.02 feet to the south right of way of the said Hoffman Mill Road; THENCE South 09 degrees 28 minutes 51 seconds East for a distance of 28.09 feet; THENCE South 00 degrees 09 minutes 21 seconds West for a distance of 77.67 feet; THENCE along a curve to the right having a radius of 75.00 feet a central angle of 52 degrees 33 minutes 49 seconds and an arc length of 68.81 feet,being subtended by a chord of South 26 degrees 26 minutes 16 seconds West for a distance of 66.42 feet;THENCE non-tangent from the previous curve,South 24 degrees 39 minutes 49 seconds East for a distance of 20.39 feet; THENCE along a non-tangent curve to the left having a radius of 95.00 feet a central angle of 22 degrees 36 minutes 54 seconds and an arc length of 37.50 feet,being subtended by a chord of North 44 degrees 05 minutes 56 seconds East for a distance of 37.25 feet; THENCE non-tangent from the previous curve, South 00 degrees 09 minutes 21 seconds West for a distance of 524.93 feet to the north line of that certain tract of land described in a Special Warranty Deed recorded June 19, 1998 at Reception No.98051260 records of the said Clerk and recorder; THENCE along the said north line, South 82 degrees 32 minutes 19 seconds East for a distance of 15.12 feet to the east line of the said tract described at Reception No. 98051260;THENCE along the said east line,South 00 degrees 09 minutes 21 seconds West for a distance of 448.79 feet to the south line of the said Tract 1 of the Plat of Cache La Poudre Industrial Park P.U.D.; THENCE along the said south line,North 89 degrees 13 minutes 10 seconds East for a distance of 23.27 feet to the said existing westerly right of way of Timberline Road as dedicated on the said Plat of Cache La Poudre Industrial Park P.U.D.; THENCE along the said westerly right of way,through the said existing right of way of Hoffman Mill Road, North 00 degrees 09 minutes 21 seconds East for a distance of 1652.46 feet; THENCE continuing along the said westerly right of way, along a curve to the right having a radius of 1130.00 feet a central angle of 24 degrees 53 minutes 16 seconds and an arc length of 490.84 feet,being subtended by a chord of North 12 degrees 36 minutes 00 seconds East for a distance of 486.99 feet to the point of beginning. Containing 9.586 Acres more less. The above described tract is subject to all easements and rights of ways now existing or of record. EXHIBIT TIMBERLINE RIGHT OF WAY DESCRIBED IN RESOLUTION 2000-11 EAST MULBERRY STREET �1- i II . .... BIKE PATH / ...... . :.. PROPOSED ROW i i EXISTING ROW F?j� PROPOS ROW i`i','<.:?:i:.:iFiiiiil?iE1iEr: O :`ra4:ii:di7i: W z G J u W m H J NORTH - EAST PR OSPEC- T r----- -