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HomeMy WebLinkAbout156 - 01/07/1997 - AUTHORIZING GRANTING OF NONEXCLUSIVE STORM DRAINAGE EASEMENT TO CHARLES L. MESERLIAN ON THE LEGACY/S ORDINANCE NO. 156, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANTING OF A NON-EXCLUSIVE STORM DRAINAGE EASEMENT TO CHARLES L. MESERLIAN ON THE LEGACY/SALYER OPEN SPACE AND APPROPRIATING UNANTICIPATED REVENUE IN THE CONSERVATION TRUST FUND - ACQUISITION AND DEVELOPMENT WHEREAS, the City of Fort Collins is the owner of the land known as the Legacy/Salyer Open Space in Larimer County, Colorado; and WHEREAS,Charles L. Meserlian("Meserlian") wishes to acquire a non-exclusive easement interest in the property as described on Exhibit"A", attached hereto and incorporated herein by this reference, for storm drainage; and WHEREAS, Section 23-1 1 l 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 disposition of real property owned by the City is in the best interests of the City of Fort Collins; and WHEREAS, the value of the easement, based on the land value, is $1,256; and WHEREAS, the City's receipt of this consideration for the aforementioned easement will result in unanticipated revenue in the Conservation Trust Fund - Acquisition and Development; and WHEREAS, Article V, Section 14 of the Charter of the City of Fort Collins authorizes the City Council to appropriate unanticipated revenues which are the result of new revenue sources at any time during the year in which such revenue is received. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above-described sale and conveyance of a non-exclusive easement interest is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute an agreement conveying a non-exclusive easement interest for storm drainage to Charles L. Meserlian over the real property described on Exhibit "A", for the amount of$1,256. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in the conservation Trust Fund - Acquisition and Development (403-460000-546310-10400), the sum of ONE THOUSAND TWO HUNDRED FIFTY-SIX DOLLARS ($1,256) to be used with previously appropriated funds for the Conservation Trust Fund. Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 1996, and to be presented for final passage on the day of Januar .. , 1997. __ A ayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of J��y—A.D. 1997. i : = j Mayor ATTEST: 16LI. City Clerk EXHIBIT "A" An easement for drainage purposes over and across the East 150 feet of the following described property; A tract of land situate in the Southeast 1/4 of Section 2, Township 7 North, Range 69 West of the 6th P.M.,Fort Collins, Colorado, which considering the East line of the said Southeast 1/4 as bearing due South and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of Fourth Street which bears S 89 degrees 57' W 1541.40 feet and again South 568.95 feet from the East 1/4 corner of said Section 2, said point of beginning 691.40 feet West of the Northeast comer of Block 13, Riverside Park as per deeds recorded in Book 353, Page 544 and in Book 1105, Page 460 of the Larimer Count Clerk and Recorder's Office, and run thence South 1120.43 feet along a line 11.40 feet West of and parallel to the West line of Blocks 16 and 17, Riverside Park to a point on the approximate centerline of the Cache la Poudre River; thence along the said centerline, S 89 degrees 30'W 302.53 feet and again S 85 degrees 20' W 259.70 feet and again N 71 degrees 47' W 197.00 feet and again N 45 degrees 44'W 224.00 feet and again N 23 degrees 11'W 208.20 feet and again N 26 degrees O1' 20" W 171.13 feet to a point on the Easterly line of a tract described in Book 1163, Page 552 of the Larimer County Clerk and Recorder's Office: thence along said Easterly line N 46 degrees 54' E 90.00 feet and again N 32 degrees 31'E 239.84 feet and again N 27 degrees 46'W 267.53 feet and again N 10 degrees 14' W 81.93 feet to a point on the South line of Fourth Street; thence East 1010.48 feet along the South line of Fourth Street to a point of beginning, County of Larimer, State of Colorado. as measured parallel to the East line of same.