HomeMy WebLinkAbout059 - 04/15/1997 - VACATING A 30-FOOT UTILITY EASEMENT DEDICATED TO THE CITY FOR THE HARMONY TRANSMISSION MAIN ORDINANCE NO. 59, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A 30-FOOT UTILITY EASEMENT DEDICATED
TO THE CITY OF FORT COLLINS FOR THE HARMONY TRANSMISSION MAIN
WHEREAS, on December 3, 1996, the City of Fort Collins was granted a 30-foot utility
easement from Lawrence Pexton,Lydia Collopy,and Francis Collopy for utilities in Highline Auto's
PUD; and
WHEREAS, the final plan for the Harmony Road Transmission Main Project required that
the 30-foot utility easement instead be located further to the south than the subject easement would
allow; and
WHEREAS, Lawrence Pexton, Lydia Collopy, and Francis Collopy have granted a new
easement to the City of Fort Collins to accommodate the City's needs for the Harmony Transmission
Main Project; and
WHEREAS, it is necessary and desirable to vacate the portion of the easement that is no
longer needed; and
WHEREAS, the needs of the City's Utilities' will be accommodated by the new easement
agreement granting an easement to the City of Fort Collins; and
WHEREAS,the rights of the residents of the City of Fort Collins will not be prejudiced or
injured by the vacation of the easement previously granted by Lawrence Pexton, Lydia Collopy and
Francis Collopy; 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 disposition of real property owned by the City will not materially
impair the viability of the utility system as a whole if the property is part of the system and that the
sale 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 that, finding that no impairment of the City's water utility will result therefrom and that
such vacation will be in the best interest of the City, the previously dedicated easement more
particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, be,
and the same hereby is, vacated, abated, and abolished.
Introduced, considered favorably on First Reading, and ordered published this 1 st day of
April, A.D. 1997, and to be presented for final passage on the 15th day of April, A.D. 1997.
Mayor 7
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ATT
e
City Clerk
Passed and adopted on final reading this 15th day of April,_I?. 1997.
h
ayor
ATTEST:
A.,
City Clerk
EXHIBIT"A"
LEGAL DESCRIPTION- 30' UTILITY EASEMENT VACATION- HIGHLINE AUTO'S P.U.D.
A Parcel of Land, 30.00 feet in width, being a part of Lot 2, "HIGHLINE AUTO'S P.U.D." a
Subdivision recorded in the records of the office of the Larimer County Clerk and Recorder and
located in the Southeast Quarter of Section 35, Township 7 North, Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being described as
follows:
COMMENCING at the Southeast Corner of the Southeast Quarter of said Section 35 and
considering the South line of said Southeast Quarter to bear North 89°52'27" West, with all bearings
contained herein relative thereto; thence North 35'23'10" West, a distance of 1224.21 feet to a point
on the Westerly right-of-way line of south Mason Street, said line being also the East line of said Lot
2 and the"POINT OF BEGINNING"; thence North 65°21'22" West,a distance of 303.43 feet to the
West line of said Lot 2; thence North 01°06'24" East, along said West Line, a distance of 26.93 feet;
thence South 65°18'43" East, a distance of 43.64 feet; thence North 01°06'24" East, a distance of
5.83 feet; thence South 65°21'22" East, a distance of 259.24 feet to said Westerly right-of-way line
of South Mason Street; thence Southerly along said right-of-way line, South 00°13'44" West, a
distance of 32.95 feet to the"POINT OF BEGINNING". The above described tract contains 8,862
square feet, more or less.