HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/02/2006 - SECOND READING OF ORDINANCE NO. 067, 2006, AMENDIN ITEM NUMBER: 9
AGENDA ITEM SUMMARY DATE: May 2, 2006
FORT COLLINS CITY COUNCIL STAFF: Pat Hyland
SUBJECT
Second 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 Second 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, which was
unanimously adopted on First Reading on April 18,2006, amends the legal descriptions to be used
in the documents of conveyance by correcting the errors.
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 le al descriptions to convey a non-exclusive
permanent sewer easement, mes ater ga e t and a road right-of-way to
accommodate the installation f a ane Pro ct Road onto the access road in
connection with the Colorado a of ortation' evelopment 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.
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-1" 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-1" 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-I", Exhibit
"13-1" and Exhibit"C-l", 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 day of May, A.D. 2006.
Mayo
.ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2006.
Mayor
ATTEST:
City Clerk