HomeMy WebLinkAbout079 - 06/03/1997 - AUTHORIZING CONVEYANCE OF EASEMENTS TO CHARLES R. NAUTA AND CONNIE L. NAUTA ORDINANCE NO. 79, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CONVEYANCE OF EASEMENTS 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 Latimer 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, the Nautas alleged in the Lawsuit that said underground drains historically
transported certain quantities of water to the adjacent property owned by the Nautas located at 832
Wood Street; 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 certain easements for underground drains across the City's Property; and
WHEREAS,the Settlement Agreement provides that in consideration for the City conveying
said easements to the Nautas that the Nautas will dismiss the Lawsuit with prejudice and release the
City from all claims asserted in the Lawsuit; and
WHEREAS,the specific easements which the Settlement Agreement provides that the City
will convey to the Nautas include the Nauta drainage easement which is legally described on Exhibit
"A" on file in the office of the City Clerk and incorporated herein by this reference ("the Nauta
Easement") and the Griffin drain easement,which is legally described on Exhibit"B"on file in the
office of the City Clerk and incorporated herein by this reference ("the Griffin Easement"); and
WHEREAS, the Settlement Agreement also provides that the conveyance of the Nauta
Easement and the Griffin Easement to the Nautas by the City is contingent upon the City's Council
passage of an ordinance approving the same as provided in Section 23-111 of the City Code and also
contingent upon the Council's approval of the Settlement Agreement; and
WHEREAS, the City has now completed the construction of the improvements required
under the Settlement Agreement and therefore it is prepared to convey the Nauta Easement and the
Griffin Easement to the Nautas; and
WHEREAS, Section 23-111(a) of the City Code requires that, prior to any conveyance or
other disposition of real property owned in the name of the City,the City Council must first find,by
ordinance, that such conveyance or other disposition is in the best interests of the City; and
WHEREAS, Section 23-111(b) of the City Code further requires that with respect to real
property which is part of the City's water or utility systems,the City Council must also find that the
disposition will not materially impair the viability of the particular utility system as a whole and that
it will be for the benefit of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the Settlement Agreement is hereby.approved.
Section 2. That the Council finds that the conveyance of the Nauta Easement and the
Griffin Easement to the Nautas is in the best interest of the City.
Section 3. That the Council finds that the conveyance of the Nauta Easement and the
Griffin Easement will not materially impair the viability of the City's water utility system as a whole
and that it will be beneficial to the citizens of the City.
Section 4. That the City's conveyance of the Nauta Easement and the Griffin Easement
to the Nautas pursuant to the Settlement Agreement is hereby approved.
Section 5. That the Mayor be,and hereby is, authorized to execute such instruments of
conveyance as are necessary for the City to convey the Nauta Easement and the Griffin Easement
to the Nautas pursuant to the terms of the Settlement Agreement.
Introduced, considered favorably on first reading, and ered blished t ' Oth d of
May, A.D. 1997, and to be presented for final passage on rd d of June, . 1997.
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Passed and adopted on final reading this 3rd day of J AD 997.
Mayor
ATTEST:
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City Clerk
• . Exhibit A
INC
Engineering Consultants
209 S Meldium
Fort Collins,Colorado 80521
303/482-5922
FAX 303/482 636n
DESCRIPTION FOR NAUTA DRAINAGE EASEMENT:
A drainage easement being a portion of City of Fort Collins Service
Canter P.1J.D. 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 Larimer, State of Colorado, being more
particularly described as follows:
Considering the Northerly line of said City of Fort Collins Service
Center P. U. D. as bearing South 66016122" East and with all bearings
contained herein relative thereto:
Coiamencing at the Northwest corner of said City of Fort Collins
Ser-vice Center P.U.D. ; thence along the Northerly line of said City
of Fort Collins Service Center P.U.D. , South 66°1.612211 East, 316. 75
feet to the POINT OF' BEGINNING; thence continuing along said
Northerly line, South 66016/2211 East, 21 . 62 feet; thence departing
said Northerly line, South 01022 /4211 West, 28 . 07 feet; thence,
South 1701711711 East, 83 . 33 feat; thence, South 72042 /43/1 West,
20 . 00 feet; thence, North 1701_7117" West, 9 . 55 feet; thence, South
11701015711 East, 30. 94 facet; thence, South 87049 / 03/1 West, 20 . 00
-,e.^.t; thence, North 0201015711 West, 89 . 80 feet; thence, South
C0°0213c-" West, 23 . 25 feet; thence, North 2905712.511 West, 20. 00
fc,et; thence, North 60002 / 3511 East, 34 . 20 feet; thence, North
(11022142.11 East, 32 . :12 feet to the Point Of Beginning.
Thr, rl] ove. dee•crlbed drainage easement contains 4 , 307 square feet
encl is subject to all easements and rights--of-way now on record or
existing.
06/26/95
020-132 . 01
Denver 3031458-5526
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• • Exhibit B
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, 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 70.84 feet to the
boundary of the said plat of "City Of Fort Collins Service Center
P.U.D.", and to the southerly right of way of the C&S Railroad as
shown on the said Plat;
THENCE along the said boundary and southerly railroad right of
way, South 65 degrees 24 minutes 26 seconds East for a distance of
20.70 feet;
THENCE leaving the said boundary, South 09 degrees 40 minutes
42 seconds Piest for a distance of 82.27 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 18578 square feet more or less.
TOGETHER WITH:
Commencing at the northeast corner of the said Plat of City Of Fort
Collins Service Center P.U.D. ;
THENCE along the north line of the said Plat, North 86 degrees
24 minutes 36 seconds West for a distance of 247.73 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 86 degrees
24 minutes 36 seconds West for a distance of 20.60 feet;
THENCE leaving the said north line, South 17 degrees 30
minutes 13 seconds West for a distance of 363.26 feet;
THENCE South 09 degrees 40 minutes 42 seconds West for a
distance of 313 .83 feet to the boundary of the said plat of "City
Of Fort Collins Service Center P.U.D.", and to the northerly right
of way of the C&S Railroad as shown on the said Plat;
1 OF 2
THENCE along the said boundary and northerly railroad right of
way, South 65 degrees 24 minutes 26 seconds East for a distance of
20.70 feet;
THENCE leaving the said boundary, North 09 degrees 40 minutes
42 seconds East for a distance of 317.79 feet;
THENCE North 17 degrees 30 minutes 13 seconds East for a
distance of 366.84 feet to the point of beginning. Containing
13617 square feet more or 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 cE'C'Rq/G��77J,
P.O. BOX 580 FORT COLLINS, CO 80522 ........
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APRl L 25, 1996
NOTE,
THIS SKETCH AND THE AREAS 20.00
SHOWN. DEPR:T THE ATTACHED NDO°14'45'W
PROPERTY DESCRIPTION ONLY. WOOD STREET TPOD
PE
AND DO NOT REPRESENT A
MONUMENTED DOLWARY %RVEY.
GRIFF.DW