HomeMy WebLinkAbout003 - 01/18/2000 - MODIFYING THE DESCRIPTION OF A PREVIOUSLY AUTHORIZED EASEMENT CONVEYANCE TO CHARLES R. AND CONNIE L. ORDINANCE NO. 3, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MODIFYING THE DESCRIPTION OF A PREVIOUSLY AUTHORIZED
EASEMENT CONVEYANCE TO CHARLES R. NAUTA AND CONNIE L. NAUTA
WHEREAS, on or about September 15, 1993, Charles R. Nauta and Connie L. Nauta(the
"Nautas")filed Civil Action No. 93 CV 629-2 in the Larimer County District Court(the"Lawsuit")
against the City of Fort Collins ("the City"); and
WHEREAS,the Nautas alleged in the Lawsuit that the City had interfered with the flow of
water through certain underground drains located under the City's Utility Service Center located at
700 Wood Street(the "City's Property"); and
WHEREAS, on April 6, 1995,the City and the Nautas entered in a"Release and Settlement
Agreement,"a copy of which is on file in the office of the City Clerk(the"Settlement Agreement"),
in order to settle and compromise the claims asserted by the Nautas against the City in the Lawsuit
pertaining to the alleged interference with the Nautas' underground water; and
WHEREAS, pursuant to the Settlement Agreement the City agreed to construct certain
improvements to attempt to replenish the Nautas' underground water flows that the City had
allegedly interfered with; and
WHEREAS, the City and the Nautas also agreed in the Settlement Agreement that upon
completion of the construction of such improvements by the City that the City would grant to the
Nautas new,separate easements for each of the two underground drains that would continue to cross
through the City's Property (the "Nauta Easement" and the "Griffin Easement"); and
WHEREAS, on June 3, 1997, through the adoption of Ordinance No. 79, 1997, the City
Council approved the Settlement Agreement;found that the conveyance of the Nauta Easement and
the Griffin Easement to the Nautas was in the best interests of the City; found that the conveyance
of those easements would not materially impair the viability of the City's water utility system as a
whole and that it would be beneficial to the citizens of the City; and approved the conveyance of the
easements as described on Exhibits "A" and"B"to Ordinance No. 79, 1997; and
WHEREAS,the easements have not yet been conveyed to the Nautas,primarily because the
legal description for the Griffin Easement omitted a portion of the City's property that was
encumbered by a railroad right-of-way; and
WHEREAS, the City has recently acquired that right-of-way and is now in a position to
include the property previously encumbered by the right-of-way to the Nautas as part of the legal
description of the Griffin Easement; and
WHEREAS, it is necessary for the City Council to approve the revised description of the
Griffin Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the Mayor is hereby authorized to execute such instruments of conveyance as are
necessary for the City to convey to the Nautas, pursuant to the terms of the Settlement Agreement,
the Nauta Drain Easement and the Griffin Drain Easement, as described on Exhibits "A"and"B",
respectively, attached hereto and incorporated herein by this reference, and that the description of
the Griffin Easement appearing on Exhibit`B"hereto shall be substituted for, and shall supercede,
the description of the same which was attached as Exhibit"B"to Ordinance No. 79, 1997.
Introduced, considered favorably on first reading, and ordered published this 4th day of
January, A.D. 2000, and to be presented for final passage on the 18th day of January, A.D. 2000.
Mayor
ATTEST:
0
City Clerk
Passed and adopted on final reading this 18th day of January, A.D. 2000.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
(NAUTA DRAIN EASEMENT)
ISOM.
Engineering Consultants
209 S.Meldnrm
Fort Collins,Color ado 80521
303/482.5922
FAX:3031482 636r
DESCRIPTION FOR NAUTA DRAIN. EASEMENT:
A drainage easement being a portion of City of Fort Collins Service
Center P.U.U. located in the Southwest Quarter of Section 2,
Township 7 North, Range 69 West of the 6th Principal Meridian, City
of Fort Collins, County of La.rimer, State of Colorado, being more
particularly descr.ihed as follows:
Considering the, Northerly line of said City of Fort Collins Service
Cent.e.r P.U.D. as hear:my South 6601612211 East and with all bearings
C011t.=ci.ried herein relative thereto:
Ccxnrmc�nc;.irig nt the Northwest corner of said City of Fort Collins
Ser�•ice (tenter' P.U. U. ; thence along the Northerly line of said City
of Fort. Col) :ins Se'rvir_e Center P.U.U. , South 6603.6122" East, 31.6. 75
feet. to 't.he POINT OF' BEGINNING; thence continuing along said
l;ortirerlti line, South 66016122" East, 21 . 62 feet; thence departing
silica NorthF.r.ly lino, Sough 0102.214211 West, 28 . 07 feet; thence,
South 1701711711 Eeif;t, 83 . 33 f_eF:t; thence, South 721421431r West,
20. 00 feat; thence, North 170171 'L711 11c.r;t'., 9 . 55 feet; thence, South
li: °10' S7r' Fast, 30. 94 fe?et; thence, South 87049103" West, 20 . 00
ae t; thee-c.•e? Nort;i 02°1Ur57" West:, 89 . 80 feet; thence, South
60°0213P." West, 23 . 25 feet; thence, North 2905712.5" West, 20 . 00
fe.F;t:; thence, No'r_ti- 6000213511 East, 34 . 2.0 feet; thence, North
01*2214 " East., 32 . :'12 feet to the Point Of Beginning.
Tb' i r.bove d.es:c;ribed drainage easement contains 4 , 307 square feet
an,! 'is subject to all ea.,emerits and rights-of-way now on record or
eiisting.
06/26/95
020-132 . 01
Denver 3031458.5526
EXHIBIT "B"
(GRIFFIN DRAIN EASEMENT)
DESCRIPTION OF THE GRIFFIN DRAIN EASEMENT
A 20.00 feet wide easement for the extension of the Griffin Drain
located in the Northwest quarter of Section 11, Township 7 North,
Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, a portion of the said Griffin
Drain easement is located in the Plat of "City Of Fort Collins
Service Center P.U.D." a plat of record with the Clerk and Recorder
of the said Larimer County, the said Griffin Drain is also located
in that certain tract of land owned by the said City of Fort
Collins as described in a Warranty Deed dated July 2, 1992, and
recorded at Reception No. 92037972 records of the said Clerk and
Recorder, the said Griffin Drain is also located in that certain
tract of land owned by the said City of Fort Collins as described
in a Quit Claim Deed dated December 9, 1998 and recorded at
Reception No. 98108085 records of-the said Clerk and recorder, more
particularly described as follows;
Commencing at the intersection of the east right of way of Wood
Street with the north right of way of Elm Street, the said
intersection point is also the TRUE POINT OF BEGINNING of this
description;
THENCE along the said east right of way of Wood Street, North
00 degrees 14 minutes 48 seconds West for a distance of 20.00 feet
to a line which is 20.00 feet (measured at right angles) north of
and parallel with the said north right of way of Elm Street;
THENCE along the said parallel line, North 89 degrees 36
minutes 25 seconds East for a distance of 843.95 feet;
THENCE leaving the said parallel line, North 09 degrees 40
minutes 42 seconds East for a distance of 436.41 feet;
THENCE North 17 degrees 30 minutes 13 seconds East for a
distance of 363.26 feet to the north line of the said Plat of "City
of Fort Collins Service Center P.U.D. ;
THENCE along the said north line, South 86 degrees 24 minutes
36 seconds East for a distance of 20.60 feet to a point which is
247.73 feet westerly of the northeast corner of the said Plat, as
measured along the north line of the said Plat;
THENCE leaving the said north line, South 17 degrees 30
minutes 13 seconds West for a distance of 366.84 feet;
THENCE South 09 degrees 40 minutes 42 seconds West for a
distance of 451.80 feet to the said north right of way of Elm
Street;
THENCE along the said north right of way, South 89 degrees 36
minutes 25 seconds West for a distance of 860.77 feet to the point
of beginning. Containing 33230 square feet (0.763 Acres) more
less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522