HomeMy WebLinkAbout035 - 03/15/2005 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT INTEREST TO NORTH WELD COUNTY WATER DISTRICT ORDINANCE NO.035, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT INTEREST
TO NORTH WELD COUNTY WATER DISTRICT FOR AN EXISTING WATERLINE
ACROSS THE VEHICLE STORAGE BUILDING PROPERTY
WHEREAS, the City of Fort Collins (the "City") is the owner of that certain real property
located at 701 Wood Street, Fort Collins, known as the Vehicle Storage Building Property (the
"Property"), more particularly described as follows:
Lot 1-A, Service Center Third Subdivision, First Re-Plat Recorded at Reception
Number 97079756, Larimer County Records located in the Southwest One-Quarter
of Section 2, Township 7 North, Range 69 West of the Sixth Principal Meridian,
County of Larimer, State of Colorado; and
WHEREAS, there is not a recorded easement for a waterline that was installed across the
Property by the North Weld County Water District (the "District") in the 1960's; and
WHEREAS,the waterline was present on the Property when the City acquired it in 1991;and
WHEREAS, the District has requested that the City grant a 30-foot wide non-exclusive
easement to document the existing waterline across the Property, more specifically described in
Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, City staff has recommended that there be no charge to the District, since it is
believed that City staff knew of the presence of the waterline at the time the Property was acquired
by the City and since there will be benefit to the City in documenting and recording a specifically
described easement for the existing waterline; 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 City Council
first finds by ordinance that any sale or other disposition of real property owned by the City 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 as follows:
Section 1. That the conveyance of the easement upon, under and through the Property is in
the best interest of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute such documents of
conveyance as are necessary to convey the easement to North Weld County Water District,consistent
with the terms of this Ordinance and subject to such other terms and conditions as the City Manager,
in consultation with the City Attorney, determines to be necessary and appropriate to protect the
interest of the City.
Introduced, considered favorably on first reading, and ordered published this 1st day of
March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005.
Mayor _{
ATTEST:
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City Clerk
Passed and adopted on final reading this 15th day of March, A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
4
LEGAL DESCRIPTION
CITY OF FORT COLLINS—VEHICLE SERVICES BUILDING
WATER LINE EASEMENT
A 30.00 FOOT WIDE WATER LINE EASEMENT OVER AND ACROSS LOT 1-A, SERVICE CENTER THIRD
SUBDIVISION FIRST REPLAT RECORDED AT RECEPTION NUMBER 97079756, LARIMER COUNTY
RECORDS LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 2, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,
LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 2
BEING MONUMENTED AT THE WEST END BY A 3"ALUMINUM CAP STAMPED "LS 20123, T7N R69W,
SEC COR" IN A MONUMENT BOX AND AT THE EAST END BY A 3 1/4"ALUMINUM CAP STAMPED"LS
13155, 1/4, S2, S11, 1995" IS ASSUMED TO BEAR S89°14'45"E.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;
THENCE S89014'45"E ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF
983.13 FEET;
THENCE N00°45'15"E A DISTANCE OF 17.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1-A;
THENCE ON THE SOUTHERLY AND EASTERLY LINE OF SAID LOT 1-A THE FOLLOWING THREE (3)
COURSES:
S89014'45"E A DISTANCE OF 291.63 FEET;
N53000'27"E A DISTANCE OF 4.90 FEET;
NO3°20'31"E A DISTANCE OF 129.14 FEET TO THE POINT OF BEGINNING;
THENCE N64°56'29"W A DISTANCE OF 330.63 FEET TO THE POINT OF TERMINUS, SAID POINT BEING
ON THE WESTERLY LINE OF SAID LOT 1-A, FROM WHENCE SAID SOUTHWEST CORNER OF SAID LOT
1-A BEARS S00045'15"W A DISTANCE OF 268.09 FEET.
CONTAINING A CALCULATED AREA OF 0.228 ACRES (9,919 SQUARE FEET).
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING.
LEGAL DESCRIPTION STATEMENT:
1, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY
STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR
UNDER MY DIRECT RESPONSI ,•-V'"' • AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION
AND BELIEF, IS CORRECT. ,C o7 R53gT-n
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1200
RICHA' D W. PALS, REGIaTtiRED LAND SI, a OR I
COLORADO NO. 31938 dq
FOR AND ON BEHALF OF T a I COMPANY
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The Engineering Co• 2310 East Prospect•Ft. Collins,CO 80525 •Phone (970)484-7477 •FAX (970)484-7488