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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/18/2006 - FIRST READING OF ORDINANCE NO. 067, 2006, AMENDING ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: April 18, 2006 FORT COLLINS CITY COUNCIL STAFF: Pat Hyland SUBJECT First Reading of Ordinance No. 067, 2006, Amending the Legal Descriptions for Certain Conveyances to the Colorado Department of Transportation Approved in Ordinance No. 007,2005 RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Ordinance No. 007, 2005, approved real estate legal descriptions to convey a non-exclusive permanent sewer easement, domestic water and gas easement and a road right-of-way to accommodate the installation of a turn lane from East Prospect Road onto the access road in connection with the Colorado Department of Transportation's development of a new rest area on East Prospect Road near the Welcome and Visitor's Center. These legal descriptions contained typographical errors which rendered the descriptions unclear. This Ordinance amends the legal descriptions to be used in the documents of conveyance by correcting the errors. iV S g_ f' I � NORTH 0UARIER (;ORNcH 9I SECTION Q1 TOWNSHIP 7 NORTH RANGE 68 WEST .� c (FOUND II/6 RERAR NO CAP) w n C7 CENTER QUARTER LINE SECfISN 21 i I \ wwAu a R r BCOKR 572:PAGE l,�S d •u.• i a I 1625 \ �_ N R O fn O I 0 O C > G . 1 1- C a z n W IT n,� �' 1 m a 3 m P n° � o n I �iS 4 Quj 0 fU $ n I u ; n `C2�.. c / • aA 7.F o tL9 205 .---._- " ' w 1 m � / � Ot \ �D n p O I s CD BLS SSS 2�2 im c 1-+ \NAPj Q C J , J V O BLS i 5 00.01'221 E 524.71' ! mqq a p FOP z O , ! n ik inn �m5 / W + N 000120- W 498.76 am ro NN � z o .. oiN i t w� 6. 0- 0 ucn >R, Eip (Ib Sa O O p OT O p�m m¢ {IQp LOCATION c fil:w vm+ {m 3E 60%El➢Qt CREEH -T I• 'UIST NORTH ROW ("J (RIGHT OF WAY FOR 1 00 U REC/U027644 \ -12 D ou 6OKELOER CREEK + ( ^ u 'AS IT EGSTS TODAY) mF _ CDCD D {N A Cl1 J N m _ m v 1 COOT RIGHT OF WAY REC. /68022709 a%' G` o '��`�R H ROW EAwENT REc:/97a]]04r Q` N 16- ,4—/,,,`REC# NORTH ROW REC/ 88027644 9 IT FR co 6 In Z17 s A T V WWI v jna UE-2 = Sewer Easement > Au m §oo .. N I is UE-2A = Water Easement m I N S GRANT OF EASEMENT 3 = Rh ht-of-Way TO KAYO OIL COMPANY \ \ ' REC. N0, OIL CO 32 10 = Rh ht-of-Way , 9 � G LEAOY K. SMITH p BOOK 1056 PAGE 0548 Tn o l'J Ot x 00 q0 ^ O nv�R lI -GGGGG GE:G�GLo - �LG-c Kh W �C `n h+ ml. m 2I_00 �C ... 1 «1 • s T ORDINANCE NO. 067, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LEGAL DESCRIPTIONS FOR CERTAIN CONVEYANCES TO THE COLORADO DEPARTMENT OF TRANSPORTATION APPROVED IN ORDINANCE NO. 007, 2005 WHEREAS, on February 1, 2005, the City Council approved Ordinance No. 007, 2005, authorizing the conveyance of right-of-way and non-exclusive utility easements to the Colorado Department of Transportation ("CDOT") in connection with CDOT's development of a new public rest area on East Prospect Road in Fort Collins; and WHEREAS, Ordinance No. 007 approved the conveyance of a non-exclusive permanent sewer easement, a non-exclusive permanent domestic water and gas easement, and road right-of- way to accommodate the installation of a turn lane from East Prospect Road onto the access road to the new rest area property; and WHEREAS, since the approval of Ordinance No. 007, CDOT has reviewed and refined the legal descriptions used to describe the areas for each of the identified easement areas, and has typographical errors in those descriptions that render said descriptions unclear or uncertain; and WHEREAS, the corrected legal descriptions for each of the areas to be conveyed include: 1) the .054 acre area described on Exhibit "A-1" attached hereto and incorporated herein by this reference, for the desired non-exclusive permanent sewer easement; 2) the .093 acre area described on Exhibit `B-l" attached hereto and incorporated herein by this reference, for the desired non-exclusive permanent domestic water and gas easement; and 3) the .266 acre area described on Exhibit "C-l" attached hereto and incorporated herein by this reference, for the desired road right-of-way for the turn lane from East Prospect Road onto the access road to the new rest area property; and WHEREAS, City staff has reviewed these proposed amended legal descriptions, and has determined that the corrected descriptions are necessary to provide for a clear record of the intended conveyances, and further that the corrections do not result in a material change from the originally intended easement areas; 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 any sale or other disposition of real property owned by the City 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 City Council hereby finds that the conveyance of the easements described herein using the corrected legal descriptions attached hereto as Exhibit "A-1", Exhibit 1113-1" and Exhibit 11C-1", will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the right-of-way and the easements described herein to CDOT consistent with the terms of this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary corrections to the legal descriptions thereof that do not result in a material increase or change in character of the intended right-of-way or easement area. Introduced, considered favorably on first reading, and ordered published this 18th day of April, A.D. 2006, and to be presented for final passage on the 2nd day of May, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of May, A.D. 2006. Mayor ATTEST: City Clerk . . __._.._ ..._....__ SbMec Consulting Inc -.. . . 209 South Meldtum Street Fort Collins CO 8052I-2603 Tel:(970)482-5922 In:(970)482-6368 stantec.corr Stantec EXHIBIT "A-1" PROJECT NUMBER: MC C060-031 PARCEL NUMBER: UE-2 DATE: March 8, 2006 DESCRIPTION: A tract of land, Parcel No. UE-2 of the Department of Transportation, State of Colorado, Project No. MC C060-031 containing 2,354 square feet, more or less, situated in the Northeast Quarter of Section 21, Township 7 North, Range 68 West of the 6°Principal Meridian,City of Port Collins,County of Larimer, State of Colorado,being more particularly described as follows: Commencing at the North Quarter Comer of said Section 21;Thence along the north line of the Northeast Quarto of said Section 21, South 88°38'37" East,a distance of 709.35 feet;Thence departing said north line South 00°01'22" East,a distance of 30.01 feet to the to the northwest comer of that parcel as recorded at Reception Number 97026804 of the Clerk and Recorders Office of Larimer County,said point also being on the South Right of Way line for East Prospect Road, thence along the west line of said parcel South 00*01'20"East,a distance of 498.76 feet,to the southwest comer of said parcel and the southeast corner of that parcel recorded at Book 1990 Page 0608 of the Clerk and Recorders Office of Larimer County,thence along the south line of said parcel at Book 1990 Page 0608 the following two(2)courses: 1) South 88008'43" West,a distance of 2.26 feet, Thence 2), South 47°46'29" West,a distance of 292.93 feet to the True Point of Beginning: 1. Thence South 74°03'54" East,a distance of 1 17.71 feet; 2. Thence South 47°46'29" West,a distance of 23.54 feet 3. Thence North 74003'54" West a distance of 117.71 feet to the aforementioned south line at Book 1990 Page 0608; 4. Thence along said south line North 47°46'29" East 23.54 feet to the True Point of Beginning. I Stantec Said described parcel contains 2,354 square feet. Basis of Bearings: All bearings are based on the North line of the Northeast Quarter of said Section 21,connectina the North '/a Corner of Section 21 (found R6 rebar with no cap), Township 7 North, Range 68 Nest, and the Northeast Corner of said Section 21 (found 2 'L" Brass Cap in concrete: illegible)as bearing_ South 88°38'37' East and with all bearings herein relative thereto. � o CU 7; Michael David Lang o i Colorado Professional Land Surveyor Registration Number 37053 ssiQ•••.... J 'vAC IAN�. V.52571 f acme sur%ev.EX HI BITS'•813007'CDOT-PLANSET.LEGALS PARCEL UE-2-CDOT1'omiat doc April 27. 2005 kjUmdl Revised September 29,2005 Revised October It,2005 Revised March 8, 2006 2 ag a pKpw WNel U^Z I O KzED OO zN WUU WUW nnz W� NNF ' N N\ M WO zfjI WO b \ LD to I OL) U , Z q o \ Q r OWW } O $ IL I \ V U K 0.' F _6 c Om- t j Z Z w Bg 90 a NZ j z 3 N j W b m * a O 10 O J !V O J E mW.F Z ��v I W � I•--/ m W 09 IL W O C I y��j�n NM �yLLd �� n I O �_ i' $ I O 2' <W t0 L6 Os Z 99 W I I 38 c 3c a E 8W W 19 1- I a rc �m $lya $ W Z Oc I Fvi< hc W t1 S 00'01'20" E 498.76' m c a =MOLU IL a G L N O 2/ d/� Oi �'j O '_' 6 I F O U. w oi� N O O. � • n• e y 5 ~ n' UNNr �n L6 H O � N '- N O O O ail z �1 te0 2 I < 33w3♦3 OZ QQ W WW 6 a �2 YNNNNN 6 p � ll C0 Wz¢ U I O0 — our� uM �e W ~ Op O vm PeP � p � (7 w W m m r Y r QU z �y 7 ImilN ^VYIZ Z H m W K Q O Z f z mW< I Y m N IL Y��n•j. d' J O��a� � I ZmNMMYfb N U ��SWDI JJJJJJ Om w D sz l3�R< 0I � V UUN O 111N Hd YS*121 5002/62/6 Bap•2-3f11a»od-ya-BEOOOL181\LBOEIB\SIIBIH%3\AaAmS\awl»o\JTL825\-A Stantec Consulting tnc 209 South Meldrum Street Fort Collins CO 80521-26C3 Tel:(970)482-5922 Fax (970)482-6368 stante:c.c= IL Stantec EXHIBIT "B-1" PROJECT NUMBER: MC C060-031 PARCEL NUMBER: UE-2A UA-I'E: March 8,2006 DESCRIPTION: A tract or parcel of land No. UE-2A of the Department of Transportation, State of Colorado, Project No. MC. C060-031 containing 4,047 square feet, more or less, situated in the Northeast Quarter of Section 21, Township 7 North, Range 68 West of the 0 Principal Meridian, City of Fort Collins, County of Lorimer, State of Colorado,being more particularly described as follows: Commencing at the North Quarter Comer of said Section 21;Thence along the north line of the Northeast Quarter of said Section 21, South 8803817" East, a distance of 709.33 feet;Thence departing said north line South 00'01'22" East,a distance of 30.01 feet to the to the northwest comer of that parcel recorded at Reception Number 97026804 of the Clerk and Recorders Office of Larimer County, said point also being on the existing South Right of Way line for East Prospect Road;Thence along the west line of said parcel, South 00001'20" East, a distance of 498.76 feet to the southwest comer of said parcel, also being the southeasterly corner of that parcel described at Book 1990 Page 0608, Clerk and Recorders Office of Lorimer County and the True Point of Beginning: 1. Thence along the southerly line of said parcel South 88'08'43" West, a distance of 2.26 feet; 2. Thence continuing along the southeasterly line of said parcel, South 4746'29" \Pest,it distance of 37.44 feet; 3. Thence South 00'01'22" East, a distance of 134.99 feet; 4. 1-hence North 47'46'29" East,a distance of 40.50 feet; 5. Thence North 00=01'22" West, a distance of 133.01 feet to I-rue Point of Beginning. Said described parcel contains 4,047 square feet. 1 Stantec Basis of Bearings: All bearings are based on the North line of the Northeast Quarter orsaid Section 21. connecting the North '/,Corner of Section 2 t (found 96 rebar with no cap), Township 7 North, Ran,c 68 West,and the Northeast Corner of said Section 21 (found 2 /-_•' Brass Cap in concrete: illegible)as bearing South 88'38'17" East and with all bearings herein relative thereto. 9 � 37053 Q: o Michael David Lang Colorado Professional Land Surveyor Registration Number 37053 �s •..,� ,•yJQ L LPNO V:':52871 r:active survey`.ER HI IBITS'.S 13007':CDOT-PLANSET LEGALSS.PARCH.UE-2A CDOTI-ormat.doc April 27,2005 kjl;'mdl Revised: September 29,2005 Revised:October 11,2005 Revised: klarch 3, 2006 2 0 ao a WN O =� I p O ��� " f� � m zN U�FZ <� rm� �W NNF WN I Wa0\ U< FT w m r+e a a I Z O oN Z a ow a n S w i a W }� F wF0 mrn m I ac LL O r0 w O l C L I m O L O z Zw ru / m m .=vT N I / ai mN a _ `{- = 10 N I i Z5 yy EpE 6!E OR m N mirk• rl o M. Nm I s Aye W w O cnir !� W Ow ag e* U. f"LU p Q m=g'N� N f 00 O I =5 <<m d d I I— =d � 8 g�w us = a r9U a rn 0 0 0 g�� � C W caa �. Wg < HEE`��" y p —1 W Z 6 < S DO'W20" E 498.76' L10 = A. W N•_ s O 6 N O ! ! a co °c I o n <� o ! R. gd 9i W 6 in: o r vi< 0L6 7 og all z 5U) i o LL W O O 3 < c~i IL i Z j o Z W W W Z Qj(01, I.- r. � 3 w 99 g o U. w OK ® ! Ym O Z n�NIL I cOv w OcyE f� _ 00 Z F= N U asp 0 1OW Wd LOIN S002/62/6 6wp'yZ_3niacacd_Ha-BEOOOLIBi\LOOESB\S1IBIHX3\LanJns\8AI;Dv\d{LBBS\VA Stantec Consulting Inc 209 South Meldrum Street Fort Collins CO 805212603 Tel (970)482-5922 Fax;(970)462 6368 stantec.co-r EXHIBIT "C-1" ���// PROM-F NUMBLIZ: Ni(-*C'060-031 _ PARCEI NUMBER: 3 Stantec AND PARCEL NUMBER 10 DATE: October 11. 2005 Revised: December 29. 2005 DESCRIPTION: Two (2)tracts or parcels of land. No. 3 and No.10 of the Department of Transportation. State of Colorado. Project No. MC'C060-031, Parcel No. 3 containing 3.298 square feet. more or less,and Parcel No. 10 containing 8,285 square lect,situated in the Northeast Quarter of'Section 21. Township 7 North, Range 68 West of the 6"'Principal Meridian, City of Fort Collins. C'ounry of Lorimer, State of Colorado, being more particularly described as follows: Commencing at the North carter Comer of said Section 2 1 Q _ . Thence alone the north line of the Northeast Quarter ofsaid Section 2I. South 88°-18'37" East,a distance of 1120.30 feet to the north%N cst comer of that MOT Right of Way easement recorded at Reception dumber 88026808 of the Clerk and Recorders Office of Larimer County; Thence following the west line ofsaid Right of Way. South 01'21'23" West. it distance of'30.00 feet to the-Truc Point of Beginning: 1. Thence contiininC_❑long said west easement line South 45'28'39- East, a distance of 40.20 feet: 2. 'Thence along a line lying 57.50 fleet south of and parallel with said north line of the N C 32 Northeast carter r 1 of Section _I. North 88 �8'37" Rest, a distance of I_�.,_ feet to the cast line of that parcel recorded at Reception Number 2001012592 of the Clerk and Recorders Office of Larimer County, said point also being on the south Right of Way for Last Prospect Road: 3. thence North 32°35'I5" \\lest,a distance of33.15 feet along the east line of said Parcel: 4. )hence South 88'38'37" East.it distance of 114.51 feet along a line lying 30 feet South 01' and parallel with said north line of the Northeast Quarter of said Section 21. to the'rrue Point of Beginning. AND ALSO Commencing at the North Quarter Corner of said Section 21:Thence along the north line of the Northeast Quarter of said Section 21. South 88'38'3 7" Fast,a distance of 1400.30 feet, to the northeast corner of that CDOT Right of Way casement recorded at Reception Number 88026808 of the Clerk and Recorders Office of Lannicr Couniv: Thence following the east line of said Right of Way South 01'21'23" West.a distance of 29.99 free to the Truc Point of Beginning: 1 Stantec I. I hence South 88°35':7"Last.a distanec of'272.4 7 feet along a line IN ill'-' 30 feet South of and parallel with said nultl11ine ol'the Nut thcast Quarterol'Said Section 21 to a point on the west litre of that parcel described at Hook 1992 Page 02SO of the Clerk and Recurde:s Oflice of Larimer County. 2. Thence South Of'21 '23" Nest. it distance of 6.42 feel alone said \%est line: Thcncc continuing along said oesi line South 61'58' 13" East. it distance of 46.96 IeeC 4. I'hence Korth 88'38'3T' Nest. it distance o1'339.S5 legit along a line lying, 57.50 feet south ol'and parallel with said north line of the Northeast Quarter of said Section 21. to a point on the aforementioned the cast line of said Right of'Way recorded at Reception Number SS026808: Thence North 44006'10- East. a distance ol-37.45 feet glom:said cast Ri jht line to the*true Point of Beginning. Said described parcels contain 0.266 acres (11.5,93 square feet). Basis of Bearings: All bearings are based on the North line of the Northeast Quarter of said Section 21. connecting the Korth '/Corner ol'Section 21 (found #6 rebar with no cap). Township 7 North. Range 68 Nest, and the Northeast Corner of sand Section 21 (found 2 'r_•" Brass Cap in concrete: illegible)as bearing South 8S`38'37" Last and with all bearings herein reto o . fc�' A•%fir. •U Michael David Lang 9 • o• o Colorado professional Land Suryeyo Registration Number 37053 0�; �'iZ• 06 r ems••• _ •'•J S�U�✓A t LAND� \':. 257I I'.actiyelsune>`.EXHIBITS S13007,PARCELS-10-C-3.duc April 2S,2005 h.il;9ndl Rey iced: September 29. 2005 Re\ised: October 1 I.2005 Re%ised: December 29. 2005 2 . . . . . . _.._.._.._.. . . . . o �k , 00 §§ j z"■ § • \� {E a~ 2 ■ ■ § © C.4 , ! OR ! C.S / & / d § � k | | § S | | © | / eIZ �§ }. | \ ■■. | � � § � 2 § � / § k0 IL § � § � ; ■ o « : § § �§ ■on co w � \ \ z § 96 o § 0 • � � 1�91 § § � §& . � B z ca 0 sCD 2 f $)/ / ■ * ■ _■ ° V ;§& z q a ■�§ § wpƒm2 4 2 ® ©2 Ste_«■ z `■fie § aOZe E . L(/§\ p$§z \ _. . . . .................... §§§! o m Wd _VE __ amp ._81\1_6\Si_ mAI4-D *