HomeMy WebLinkAbout162 - 10/06/1998 - AUTHORIZING AN EASEMENT TO NEW MERCER DITCH COMPANY FOR THE RELOCATION OF NEW MERCER CANAL WITHIN CI ORDINANCE NO. 162, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF AN EASEMENT TO
NEW MERCER DITCH COMPANY FOR THE RELOCATION
OF NEW MERCER DITCH WITHIN CITY PARK NINE GOLF COURSE
IN EXCHANGE FOR ABANDONMENT OF THE, EXISTING DITCH ALIGNMENT
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located in Fort Collins, Larimer County, Colorado, known as City Park Nine Golf Course; and
WHEREAS,a portion of City Park Nine Golf Course is currently the site of a portion of the
New Mercer Canal,as more particularly described on Exhibit"A",attached hereto and incorporated
herein by this reference (the "Existing Right-of-Way"); and
WHEREAS, the New Mercer Ditch Company has proposed to abandon and relinquish the
Existing Right-of-Way in exchange for the grant of an easement over that certain property in City
Park Nine Golf Course described on Exhibit`B", attached hereto and incorporated herein by this
reference (the "New Right-of-Way"), to which it intends to relocate the abandoned portion of the
New Mercer Canal; and
WHEREAS, staff posted information regarding the proposed relocation of the New Mercer
Canal to the New Right-of-Way at City Park Nine Golf Course for public comment, and public
responses to the proposed relocation were uniformly favorable; and
WHEREAS, the City Golf Board considered the proposed relocation of the New Mercer
Canal at its regular meeting of August 19, 1998,and unanimously recommended the approval of the
same; and
WHEREAS, the relocation of the New Mercer Canal will be paid for entirely by the New
Mercer Ditch Company,and will present a unique opportunity to change the character of the 7th, 8th
and 9th fairways at City Park Nine Golf Course for the first time in 58 years; and
WHEREAS, said relocation is expected to improve safety along the New Mercer Canal,and
is not expected to result in any detrimental impacts to City Park Nine Golf Course; 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 relocation of the New Mercer Canal from the Existing Right-of-Way
to the New Right-of-Way,and the related grant of easement to the New Mercer Ditch Company over
the New Right-of-Way is in the best interest of the City of Fort Collins.
Section 2. That the City Manager be,and hereby is, authorized to execute an Easement
Agreement with the New Mercer Ditch Company by which the City shall grant an easement over the
New Right-of-Way for the relocation of the New Mercer Canal, in exchange for the abandonment
and relinquishment of the Existing Right-of-Way,together with such additional terms and conditions
and conveyance documents as the City Manager,in consultation with the City Attorney, determines
are necessary to protect the interests of the City, consistent with the terms of this Ordinance.
Introduced, considered favorably on first reading, and orderedished this 15th day of
September,A.D. 1998, and to be presented for final passage on th day f Octobe 1 98.
Mayor c�
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of Octobe ;D. 1998.
j
Mayor
ATTEST:
City Clerk
STEWART&ASSOCIATES
Consulting Engineers and Surveyors
Exhibit A
DESCRIPTION OF
THAT PORTION OF THE NEW MERCER CANAL TO BE ABANDONED
An existing canal located in the Southwest 1/4 of Section 10, Township 7 North, Range
69 West, of the Sixth P.M., City of Fort Collins, County of Latimer, State of Colorado, which,
considering the West line of said Southwest 1/4 as bearing N 00' 00' 00" W, and with all bearings
contained herein relative thereto, the approximate centerline of said canal begins at a point which
bears N 66' 38' 28" E 1692.68 feet from the Southwest comer of said Section 10 and runs thence
along said approximate centerline, S 081 15' 00" W 50.00 feet;thence S 02' 50' 00" E 36.00 feet;
thence S 21' 50' 00" E 42.00 feet;thence S 26' 40' 00" E 100.00 feet;thence S 30' 10' 00" E
118.00 feet; thence S 17' 46' 00" E 50.00 feet; thence S 09' 15' 00" W 40.00 feet; thence S 300
15' 00" W 50.00 feet;thence S 650 55' 00" W 40.00 feet;thence S 79' 33' 00" W 60.00 feet;
thence S 84' 50' 00" W 100.00 feet;thence N 82' 26' 00" W 50.00 feet;thence N 69' 30' 00" W
140.00 feet;thence N 77' 45' 00" W 39.71 feet;thence S 85' 00' 00" W 41.35 feet.
James H Stewart
and Associates, Inc.
103 S. Meldrum Street
P.O. Box 429
Ft. Collins, CO 80522
970/482-9331
Fax 970/482-9382
STEWART&ASSOCIATES
Consulting Engineers and Surveyors
Exhibit "B"
DESCRIPTION OF PROPOSED RELOCATED NEW MERCER CANAL
A forty(40.00) foot wide strip of land located in the Southwest 1/4 of Section 10,
Township 7 North, Range 69 West, of the Sixth P.M., City of Fort Collins, County of Larimer,
State of Colorado, which, considering the West line of said Southwest 1/4 as bearing N 00' 00'
00" W, and with all bearings contained herein relative thereto, is twenty(20.00) feet in width on
each side of the centerline which begins at a point in the center of the existing canal, which bears
N 660 38' 28" E 1692.68 feet from the Southwest corner of said Section 10, and runs thence
along the arc of a 159.18 foot radius curve to the right a distance of 105.02 feet, the long chord
of which bears S 34' 54' 00" W 103.12 feet;thence S 53° 48' 00" W 83.00 feet;thence along the
arc of a 123.83 foot radius curve to the left a distance of 40.63 feet, the long chord of which bears
S 440 24' 00" W 40.45 feet; thence S 35' 00' 00" W 245.00 feet;thence along the arc of a 206.71
foot radius curve to the right a distance of 86.71 feet, the long chord of which bears S 47' 01' 00"
W 86.07 feet, to a point in the approximate center of the existing canal.
James H_ Stewart
and Associates, Inc
103 S. Meldrum Street
P.O. Box 429
Ft Collins, CC 80522
970/482-9331
Fax 970/482-9382