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Home My WebLink About014 - 02/09/2016 - DECLARING CERTAIN CITY-OWNED PROPERTY AT COLLEGEAVENUE AND PROSPECT ROAD AS ROAD RIGHT-OF-WAY ORDINANCE NO. 014, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AT COLLEGE AVENUE AND PROSPECT ROAD AS ROAD RIGHT-OF-WAY WHEREAS, as part of the process of acquiring land for the College Avenue/Prospect Road Choices 95 Project, the City purchased the property located at the northwest corner of the intersection, more specifically described on Exhibit "A," attached and incorporated herein by reference (the "City Property"), for right-of-way purposes; and WHEREAS, the City Property was purchased in fee simple and the public real property records regarding the City Property do not indicate that such property is for use by the City as right-of-way and related purposes; and WHEREAS, the lack of such information about the City Property in the public real property records could raise title insurance issues for adjacent property owners and utilities seeking to locate facilities within the right-of-way, because the areas located between the roadway and the property line are not clearly delineated as part of the public right-of-way; and WHEREAS, in order to establish a public record that the City Property is intended for use by the City as right-of-way for a public roadway 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 recommends that the City Council declare the City Property to be right-of-way; and WHEREAS, converting a piece of property owned by the City in fee simple to right-of- ` way constitutes a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise•exist on City-owned property; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby declares that the real property described on Exhibit "A" shall constitute right-of-way for College Avenue and Prospect 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, and hereby finds that-such declaration is in the best interests of the City. -1-. Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder's office once the Ordinance becomes effective in accordance with Article 11 Section 7 of the City Charter. Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2016, and to be presented for final passage on the 9th day of February, A.D. 2016. FORT COl _- �Z u �� .N ayor ATTEST: vv City Clerk Passed and adopted on final reading on the 9th day of February, A.D. 2016. ORT (::; •:Z ayor to�i ATTEST: •°o �*O° , f City Clerk -2- Exhibit"A" Page 1 of EXHIBIT A PROPERTY DESCRIPTION A parcel of land being a portion of Lot 10.Block I of the G.F.Wiard's Addition to the City of Dort Collins recorded October 31, 1921 as Reception No.231427 of the Records of Larimer County Recorders,situate in the Southeast Quarter of Section Fourteen(14),Township Seven North (T.7N.).Ranee Sixty-nine West(R.69W.)of the.Sixth Principal Meridian(6th P.M.),City of Fort Collins.County of Larimer.State of Colorado and beings more particularly described as follows: CO�INIE,N'C1N'G at the Southeast corner of said Section 14 and assuming the Last line of the Southeast Quarter of said Section 14 as bearing North 00°00'33"East being a Grid Bearing of the I Colorado State Plane Coordinate Svstem.North Zone.North American Datum 19SY2007.a distance of 2656.51 feet with all other bearings contained herein relative thereto: THENCE North 00000'33"East along the East line ol'the Southeast.Quarter of said Section 14 a distance of 60.53 feet:. THENCE North 89°5927"West a distance of 55.88 feet to the beginning point of a curve non- tangent to this course on the Westerly Right of Way line of South College Avenue as was described in Warranty Deed recorded July 18. 1985 as Reception No.85034873 of the Records of Larimer County and to the POINT OF BEGINNING. THENCE along the are of a curve concave to the Northwest a distance of 47.34 feet.said curve has a Radius of 30.00 feet.a Delta of 90024'18"and is subtended by a Chord bearing South 45°11'08- West a distance of 42.58 feet to the end point of said curve on a line parallel with and 30.00 feet Northerly of,as measured at a right angle to the South line of the Southeast Quarter ofsaid Section 14: THENCE North 89038'50"West along said parallel line and along a line non-tangent to the aforesaid curve a distance of 149.03 feet to the Easterly Right of Way line of the 20 foot wide alley adjoining to said Lot 10. Block 1: y THENCE North 00*00'17"West along said Easterly Right of Way line a distance of 37.00 teet: THENCE South 89'38'50"East a distance of 128.12 feet: THENCE North 26*11'27"East a distance of 14.33 feet to the North line of said Lot 10.Block 1. THENCE South 89°41'55"East along the North line of said Lot 10.Block I a distance of45.69 feet to a line parallel with and 55.00 feet Westerly of,as measured at a right angle to,the Eat line ofthe Southeast Quarter,of said Section 14: THENCE South 00'00'33"West along said parallel line a distance of 19.74,fect.- TH.ENC1 North 89°59'27" Nest a distance of0.88 feet to the POINT OF BEGINNING. Said described parcel of land contains 7.074 square leet or 0.162 acres,more or less{�). SURVEYORS STATEMENT 1,Steven A. Lund.a Colorado Registered Professional Land Surveyor do hereby state that this Property Description wvas prepared under my personal supervision and checking.and that it is true and correct to the best of my knowledue and belief. 34995 Steven A. Lund-on behalf of King Surveyors Colorado Registered Professional V Land SurveyorM'34993 KING SURVEYORS 650 Garden Drive Windsor.Colorado S0550 (970)686-5011 N:Q0149414VROP UrNMITY QP FC PROP n]GtiC-I-,I,-16-2015.ducx Pape I d'I CITY OF FOR COLLINS RIGHT OF WAAYT DEDICATION j EXHIBIT "An POTION GOF. WARD'S ADDION BLOCK i 13AC..;J 2 OF 2 EAST QUARTER CORNER SECTION 14, T.7N., R.69W. L7 L 1 N -\ W 9 ck 1 $lo 15 55' I o Q L�•ADQ�o� I z Q Aft7.7770V0jrLOT JO,B/arL J RIGHT OF WAY �V G.F. TigARDS AOD1770.'t REC. N0. 95001392 S89'41'55'E ' zOii 411, 45.69' iz S8938'50'E 128.12' L1 Uj y N89_ __59'27"W !� i• o A f?OR770NOFLOT 10,Bloat _— 55,85' -0p C.F. MIARDS AD,017MV I to 0 r 7074sq.R POINT OF Ln ;•� 0.l62scirs BEGINNING m V z N89'38'50"W 149.05' RIGHT OF WAY 0I REC, NO, 85034873 & 30, REC. NO. 85034874 WEST PROSPECT ROAD SOUTHEAST CORNER SECTION 14, T.7N., R.69W. POINT OF COMMENCEMENT LINE TABLE LINE BEARING LENGTH L1 N89'59'27"W 0.88' L2 N26'11'27"E 14.33' L3 S00'00'33"W- 19.74• 40 20 0 40 CURVE TABLE 1'= 40' CURVE LENGTH RADIUS I DELTA CHORD CH BEARING C1 47.34' •30.00' 90'24'18- 42.58' S45-11'08"W o 34995 LS — LASS +Z Steven A. Lund — On Behalf 01 King Surveyors Colorado Registered Professional Lend Surveyor #34995 NOTE: This exhibit drawing,is not intended to be a monumented Icnd survey. it's safe purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. NOTICE: According to Colorado law you•must commence any legal action based upon any defect in this survey within 'three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) TUNG SUR-\rEyORS PROJECT NO:2014941—B DATE: 11/16/2015 (SG f=:.Gatdcn Ur'ec 11�'indsor,Colorado S(155t1 CLIENT:CSU phone.(970)656-5611 I fax:(970)086.5S21 DWG•2014941 B—EXH—A na�c.kingsurcc^ors.com DRAWN:CSK CHECKED:SAL Account#: FTC-003160 FORT•COLLI\S Invoice Text OAN, NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7 STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) NOTICE IS HEREBY GIVEN that the Fort Collins City Council, on Tuesday, February 9, 2016, passed and adopted the following ordinances on second rending: Andrew Troncoso being duly sworn, deposes and says that said is the legal clerk of the Fort ORDINANCE NO.011,2016 O OF THE COUNCIL F THE CITY OF Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and FORT COLLINS published in the City of Fort Collins, in said count and state; that the notice or advertisement, of CODE AMENDING CHAPTER 14 OF THE P tY Y OF THE CITY OF FORT COLLINS which the annexed is a true copy,has been published in said daily newspaper for REGARDING LANDMARK PRESER- VATION 1 Day; ORDINANCE NO.012,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS that the notice was published in the regular and entire issue of every number of said newspaper APPROPRIATING UNANTICIPATED GRANT REVENUE IN during the period and time of publication of said notice, and in the newspaper proper and not in a THE RECREATION FUND FOR THE ADAPTIVE RECREATION supplement thereof; that the first publication of said notice was contained in the issue of Said OPPORTUNITIES PROGRAM 0R PARALYMPIC SPORT CLUB newspaper ORDINANCE NO.013,2016 OF THE COUNCIL OF THE CITY OF Sunday,February14,2016 FORT COLLINS AUTHORIZING THE CONVEYANCE OF CITY PROPERTY that the last publication thereof was contained in the issue of said newspaper on AT COLLEGE AVENUE AND PROSPECT ROAD TO COLORADO STATE UNIVERSITY Sunday,February 14,2016 ORDINANCE NO.014,2016 OF THE COUNCIL OF THE that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED period of at least six months next prior to the first publication of said notice or advertisement above PROPERTY AT COLLEGE AVENUE AND PROSPECT ROAD AS referred to; that said newspaper has been admitted to the United States malls as second-class ROAD RIGHT-OF-WAY matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said The full text of these ordinances can be found at http://fcgov.com/publicnotices newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements or by calling the City Clerks Office at 970-221-6515. within the meaningof the laws of the State of Colorado. 1049437 Coloradoan Feb 14,2016 Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,February 15,2016 7NOTARY ONNAMARYLAMAR LIC•STATE OF COLORADO My Commission expires September 3,2019 tification#20154035099 es September 3,2019 Nntary Public Legal No.0001049437 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,February 15,2016 10:15 am %,We Account#: FTC-003160 FORT-COLLINS / I Invoice Text ___0_� i_1N NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION Legal Notices COUNTY OF LARIMER ) NOTICE IS HEREBY GIVEN that the JaryI1i9216C s on Tuesday, nu 1 0 , Psed and adopted Andrew Troncoso ,being duly swom,deposes and says that said is the legal clerk of the Fort Collins the following ordinances on first reading. These ordinances will be pre- Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of 2016ed for final Passage on February 2, Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy, ORDINANCE NO.011,2016 has been published in said daily newspaper for OF THE COUNCIL OF THE CITY OF FORT COLLINS I Day; AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING LANDMARK PRESER- that the notice was published in the regular and entire issue of every number of said newspaper during the VATION ORDINANCE NO.012,2016 period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; OF THE COUNCIL OF THE CITY OF that the first publication of said notice was contained in the issue of said newspaper on FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE ADAPTIVREATION E D FOR THE VE RECREATION y,January 24,2016 Sunda ry OPPORTUNITIES PROGRAM PARALYMPIC SPORT CLUB ORDI NANCE NO.013,2016 that the last publication thereof was contained in the issue of said newspaper on OF THE COUNCIL OF THE CITY OF FORT COLLINS Sunday,January 24,2016 AUTHORIZING THE CONVEYANCE OF CITY PROPERTY AT PROSPECTCOLLEGE AVENUE AND that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at ROATO COLORADO STATE UNIVERSITY least six months next prior to the first publication of said notice or advertisement above referred to;that said ORDINANCE NO.014,2016 newspaper has been admitted to the United States mails as second-class matter under the provisions of the OF THE COUNCIL OF THE CITY OF FORT COLLINS Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly DECLARING CERTAIN CITY-OWNED PROPERTY AT COLLEGE qualified for publishing legal notices and advertisements within the meaning of the laws of the State of AVENUE AND ROAD RIGHT-OF-WAY ROAD ASGHT OF WAY Colorado. ORDINANCE NO.015,2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS DISTRICT-PRECINCT MAP The full text of these ordinances can be A��r found at http://fcg0v.com/publicnotices Legal Clerk or by calling the City Clerk's Office at 970.221-6515. 1000889 Colorodoon I Subscribed and sworn to before me,within the County of Larimer,State of Colorado this =Jon 24,2016 I Monday,January 25,2016 LADONNA MARY LAW NOTARY PUBLIC•STATE OF COLORADO My Commission expires September 3,2019 My Idenaiicaton N 20154035099 Expires September 3,2019 Notary Public Legal No.0001000889 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared Monday.January 25.2016 FORT COLLINS,CO 80521 10:19 am