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HomeMy WebLinkAbout098 - 06/02/1998 - AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY AT MAXWELL OPEN SPACE AND AN ACCESS EASEMENT TO ORDINANCE NO. 98, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY AT MAXWELL OPEN SPACE AND AN ACCESS EASEMENT TO FORT COLLINS-LOVELAND WATER DISTRICT IN EXCHANGE FOR CERTAIN DISTRICT PROPERTY WHEREAS,the City of Fort Collins is the owner of the Maxwell Open Space located in the foothills of the City of Fort Collins, Colorado,a portion of which is described on Exhibits "A" and "B, " each attached hereto and incorporated herein by this reference ("the Property"); and WHEREAS,the Fort Collins-Loveland Water District("the District")is the owner of a water tank site also located in the foothills of the City of Fort Collins, Colorado, in the vicinity of and adjacent to the Maxwell Open Space area; and WHEREAS, the City and the District have worked cooperatively to negotiate a minor property exchange that will resolve access and boundary line issues that affect both ownership interests; and WHEREAS, in order to eliminate a disparity between the actual location of the District's water tank and the real property and title records, City staff has proposed to convey to the District that certain property described in Exhibit "A" (the "City Parcel"), in exchange for the conveyance to the City by the District of that certain property described in Exhibit "C", attached hereto and incorporated herein by this reference (the "District Parcel"); and WHEREAS, in addition, in order to document and clarify the historic use by the District of an access road over on City property, City staff has proposed to convey to the District a non- exclusive access easement over that certain property described in Exhibit "B" (the "Easement Parcel"); 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 interests owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property interests owned by the City are 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 conveyance to the District of the City Parcel, described in Exhibit "A", in exchange for the conveyance to the City by the District of the District Parcel,described in Exhibit licit, is in the best interest of the City of Fort Collins. Section 2. That the conveyance to the District of a non-exclusive access easement over the Easement Parcel, described in Exhibit "Bit, is in the best interest of the City of Fort Collins. Section 3. That the City Manager is authorized to execute such conveyance documents as he determines to be appropriate and necessary, in consultation with the City Attorney, in order to convey to the District the City Parcel and a non-exclusive access easement over the Easement Parcel, contingent upon the conveyance to the City of the District Parcel. Introduced, considered favorably on first reading, and order pu�'blished this y of May, A.D. 1998, and to be presented for final passage on the 2 ay June, . 1998. yor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of J , A. 998. Mayor ATTEST: %4411A& City Clerk EXHIBIT "A" City of Fort Collins to Fort Collins-Loveland Water District A parcel of land located in the Southwest Quarter(SW 1/4) of Section Seventeen(17), Township Seven North(T.7N.) Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of Section 1 7 as monumented by a found 3 1/4" aluminum cap in Monument Box stamped LS 25899 anc considering the east line of the Southeast Quarter of Section 17 to bear North 00' 31'00" East with all bearings contained herein relative thereto: THENCE North 74°25'32" West a distance of 4405.79 feet to the TRUE POINT OF BEGINNING: THENCE South 61°34'37" West a distance of 200.00 feet; THENCE North 28°25'23" West a distance of 200.00 feet; THENCE North 61°34'37" East a distance of 200.00 feet;THENCE South 28°25'23" East a distance of 200.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 40,000 square feet, more or less and is subject to any easements or rights-of-way of record or that may currently exist on said parcel of land. EXHIBIT "B" DESCRIPTION OF AN ACCESS ROADWAY TO THE FORT COLLINS LOVELAND WATER DISTRICT TANK SITE LOCATED ON THE CITY OF FORT COLLINS PROPERTY An Access Road located in the South Half(S 1/2)of Section Seventeen(17),Township Seven North (T.7N.), Range Sixty-nine West (R.69W.), of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of Section 17 as monumented by a found 3 1/4" aluminum cap on a 2 1/2" aluminum pipe in Monument Box stamped LS 23899 and considering the East line of the Southeast Quarter of Section 17 to bear North 00°3l'00" East with all bearings contained herein relative thereto: THENCE North 74°25'32"West,a distance of 4405.79 feet to a number four rebar with plastic cap stamped LS 20685; THENCE South 61°3437" West,a distance of 56.62 feet to the TRUE POINT OF BEGINNING; THENCE along the center line of said access road the following nineteen courses: 1. 144.26 feet along the arc of a non-tangent curve concave to the North having a radius of 323.76 feet, with a central angle of 2591'45",and whose long chord bears South 89°26'01" East, a distance of 143.06 feet; 2. North 77°48'06" East, a distance of 141.84 feet; 3. 107.66 feet along the arc of a curve concave to the Southwest having a radius of 75.00 feet, with a central angle of 82°14'54", and whose long chord bears South 61°04'27" East, a distance of 98.65 feet; 4. South 19°57'00" East, a distance of 106.42 feet; 5. 67.92 feet along the arc of a curve concave to the Northeast having a radius of 195.00 feet,with a central angle of 19°57'20",and whose long chord bears South 29°55'40" East, a distance of 67.57 feet; 6. South 39°54'19" East, a distance of 73.63 feet; 7. South 34°27'16" East, a distance of 128.33 feet; 8. South 38°24'34" East, a distance of 148.58 feet; 9. 154.36 feet along the arc of a curve concave to the Southwest. having a radius of 240.00 feet, with a central angle of 36°51'05", and whose long chord bears South 19°59'01" East, a distance of 151.72 feet. 10. 79.08 feet along the arc of a curve concave to the Northeast, having a radius of 178.01 feet, with a central angle of 25°27'13", and whose long chord bears South 14°17'05" East, a distance of 78.43 feet; 11. South 27°00'41" East, a distance of 77.62 feet; 12. South 20°35'46" East, a distance of 159.68 feet; 13. 137.36 feet along the arc of a curve concave to the Northeast,having radius of 120.00 feet,with a central angle of 65°35'06",and whose long chord bears South 53'23'19" East, a distance of 129.98 feet; 14. 31.32 feet along the arc of a curve concave to the Northwest, having a radius of 35.00 feet, with a central angle of 51°16'10", and whose long chord bears North 68°1 FOY East, a distance of 30.28 feet; 15. North 42°32'58" East, a distance of 43.72 feet; 16. North 33°43'26" East, a distance of 10.18 feet; 17. 214.33 feet along the arc of curve concave to the Northwest, having a radius of 640.00 feet, with a central angle of 19°11' 17", and whose long chord bears North 24°07'48" East, a distance of 213.33 feet; 18. 69.55 feet along the arc of curve concave to the Southeast,having a radius of 75.00 feet,with a central angle of 53°08'02",and whose long chord bears North 41'06'10" East, a distance of 67.09 feet; 19. North 67'40'11" East, a distance of 9.62 feet to the POINT OF TERMINUS. And, thence: An Access Roadway located in the Southwest Quarter of Section 17,Township 7 North,Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said Access Roadway is the existing Dixon Feeder Canal access road which lies 40 feet more or less westerly of and more or less parallel with a portion of the easterly line of that certain tract of land as described in a Bargain and Sale Deed recorded on December 15, 1997 at Reception No. 97083580,and in a Quit Claim Deed recorded February 10, 1998 at Reception No. 98009572 all of the Records of the Clerk and Recorder of the said Larimer County, with the said access roadway extending northerly to the north line of the said tract, more particularly described as follows; Considering the east line of the southeast quarter of the said Section 17 as bearing North 00 degrees 31 minutes 00 seconds East as shown on a Boundary Line Adjustment Survey as prepared by King Surveyors Inc.and with all bearings contained herein relative thereto: Commencing at the southeast corner of the said Section 17; THENCE North 81 degrees 17 minutes 59 seconds West for a distance of 3210.03 feet to the point of terminus of an Access Road as described by Kevin King L.S. 20685, dated September 5, 1995, and to the TRUE POINT OF BEGINNING of this description; THENCE North 63 degrees 22 minutes 21 seconds East for a distance of 35.70 feet to the said easterly line of the tract described at Reception No. 97083580 and at Reception NO. 98009572; THENCE along the said easterly line the following courses and distances, North 26 degrees 37 minutes 39 seconds West for a distance of 31.22 feet; THENCE along a curve to the right having a radius of 140.99 feet and an arc length of 58.52 feet, being subtended by a chord of North 14 degrees 44 minutes 09 seconds West for a distance of 58.11 feet; THENCE North 02 degrees 50 minutes 39 seconds West for a distance of 107.10 feet; THENCE along a curve to the left having a radius of 193.24 feet and an arc length of 159.92 feet, being subtended by a chord of North 26 degrees 33 minutes 09 seconds West for a distance of 155.40 feet; THENCE North 50 degrees 15 minutes 39 seconds West for a distance of 24.20 feet; THENCE along a curve to the right having a radius of 21.62 feet and an arc length of 27.43 feet, being subtended by a chord of North 13 degrees 54 minutes 39 seconds West for a distance of 25.63 feet; THENCE North 22 degrees 26 minutes 21 seconds East for a distance of 28.90 feet; THENCE along a curve to the left having a radius of 164.59 feet and an arc length of 102.84 feet, being subtended by a chord of North 04 degrees 32 minutes 21 seconds East for a distance of 10 1.18 feet; THENCE North 13 degrees 21 minutes 39 seconds West for a distance of 8.30 feet; THENCE along a curve to the left having a radius of 164.59 feet and an arc length of 137.41 feet, being subtended by a chord of North 37 degrees 16 minutes 39 seconds West for a distance of 133.45 feet; THENCE North 61 degrees 11 minutes 39 seconds West for a distance of 85.70 feet; THENCE along a curve to the right having a radius of 10.00 feet and an arc length of 21.52 feet, being subtended by a chord of North 00 degrees 26 minutes 51 seconds East for a distance of 17.60 feet; THENCE North 62 degrees 05 minutes 21 seconds East for a distance of 4.20 feet; THENCE along a curve to the left having a radius of 145.49 feet and an arc length of 149.90 feet, being subtended by a chord of North 32 degrees 34 minutes 21 seconds East for a distance of 143.36 feet; THENCE North 03 degrees 03 minutes 21 seconds East for a distance of 16.30 feet; THENCE along a curve to the left having a radius of 164.59 feet and an arc length of 92.64 feet,being subtended by a chord ofNorth 13 degrees 04 minutes 09 seconds West for a distance of 91.42 feet;THENCE North 29 degrees 11 minutes 39 seconds West for a distance of 23 1.10 feet; THENCE along a curve to the right having a radius of 522.96 feet and an arc length of 153.49 feet, being subtended by a chord of North 20 degrees 47 minutes 09 seconds West for a distance of 152.94 feet; THENCE North 12 degrees 22 minutes 39 seconds West for a distance of 202.40 feet; THENCE along a curve to the left having a radius of 240.99 feet and an arc length of 204.84 feet, being subtended by a chord of North 36 degrees 43 minutes 39 seconds West for a distance of 198.72 feet; THENCE North 61 degrees 04 minutes 39 seconds West for a distance of 7.20 feet; THENCE along a curve to the right having a radius of 140.99 feet and an arc length of 100.40 feet, being subtended by a chord of North 40 degrees 40 minutes 39 seconds West for a distance of 98.29 feet; THENCE North 20 degrees 16 minutes 39 seconds West for a distance of 74.90 feet; THENCE along a curve to the left having a radius of 131.85 feet and an arc length of 105.62 feet, being subtended by a chord of North 43 degrees 13 minutes 32 seconds West for a distance of 102.82 feet to the north line of the said tract described at Reception No. 97083580 and at Reception NO. 98009572, and to the terminus of this description. The above described Access Roadway is subject to all easements and rights of ways now existing or of record. EXHIBIT "C" Fort Collins-Loveland Water district to City of Fort Collins A parcel of land located in Section 17, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: considering the East line of the SE 1/4 of said Section 17 as bearing North 00°31' 00" East and with all bearings contained herein relative thereto: commencing at the SE corner of said Section 17, thence N 009 V E 1149.03 feet along the East line of Section 17; thence S 85°14'18" W 3795.61 feet; thence N 28°25'23" W 385.10 feet; thence S 85°14'18" W 330.00 feet;thence N 28°25'23"W 14 feet to the true point of beginning;thence S 61°34'37" W 100 feet;thence N 28°25'23" W 200 feet;thence N 61°3437"E 200 feet;thence S 28°25'23" E 200 feet; thence S 61°34'37" W 100 feet to the true point of beginning, said parcel containing 0.918 acres.