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HomeMy WebLinkAbout043 - 03/20/2007 - AUTHORIZING THE EXECUTION OF QUIT CLAIM DEEDS AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE IMPROVEM ORDINANCE NO. 043, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF QUIT CLAIM DEEDS AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE IMPROVEMENT OF NORTH TAFT HILL ROAD BY LARIMER COUNTY WHEREAS,the City of Fort Collins is the owner of that certain real property adjacent to Taft Hill Road north of Vine Drive, in Latimer County (the "Property") more particularly shown on attached Exhibits"A," `B" and"C",which exhibits are attached hereto and incorporated herein by this reference; and WHEREAS, the portion of Property described in Exhibit "A" (the "Easement Area") is approximately 1,200 square feet in size and is in use by the City for its trail system; and WHEREAS,Larimer County(the"County")has requested that the City grant to the County a temporary construction easement over the Easement Area in connection with improvements to North Taft Hill Road that the County plans to complete; and WHEREAS, the portion of the Property described in Exhibit `B" (the "Trails Property")is approximately 428 square feet in size and was acquired by the City for its trail system and is no longer needed by the City, given the ultimate alignment used for the trail in this area; and WHEREAS, the Property described in Exhibit "C" (the "Wastewater Utility Property") is approximately 4,400 square feet in size and was acquired by the City as a consequence of the dissolution of the LaPorte Water and Sanitation District in 2006, in connection with the City's assuming the responsibility for providing wastewater service to the customers of that District; and WHEREAS,the County has requested that the City convey the Trails Property and a portion of the Wastewater Utility Property for North Taft Hill Road right-of-way; and WHEREAS, City staff has determined that the City has no need for the Wastewater Utility Property,other than as a perpetual utility easement,and that the Wastewater Utility will continue to incur costs to maintain that property; and WHEREAS, the County has agreed to take title to the entire Wastewater Utility Property, subject to a perpetual City utility easement,and to thus take over the responsibility to maintain such property; and WHEREAS, staff has recommended that the City Council authorize the conveyance of a temporary construction easement over the Easement Area and the conveyance of the City's fee interest in the Trails Property and the Wastewater Utility Property to the County, subject to a perpetual utility easement,based on staff's determination that the proposed conveyances are fair and beneficial for the City, and will not have any adverse effects to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City provided the Council first finds by ordinance that any sale or disposition of that real property owned by the City will be for the benefit of the City's citizens, and will be in the best interests of the City WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell,convey or otherwise dispose of an interest in real property owned by the City as part of a City utility provided the Council first finds by ordinance that any sale or disposition of that real property will not materially impair the viability as a whole of the utility system of which the Property is a part, will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby finds that the conveyance of a temporary construction easement to Larimer County on the Easement Area is for the benefit of the City's citizens and is in the best interests of the City. Section 2. That the City Council hereby finds that the conveyance by quit claim to Larimer County of the Trails Property is for the benefit of the City's citizens and is in the best interests of the City. Section 3. That the City Council hereby finds that the conveyance by quit claim to Latimer County of the Wastewater Utility Property will not materially impair the viability as a whole of the Wastewater Utility System,will be for the benefit of the City's citizens,and will be in the best interests of the City. Section 4. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary for the City to complete the conveyances described herein, upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be in the best interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 6th day of March, A.D. 2007, and to be presented for final passage on the day of March, A.D. 2007. Mayo ATTEST: City Clerk -2- Passed and adopted on final reading on the 20th day of ch, A.D. 2007. t May ATTEST: City Clerk -3- EXHIBIT °A Page 1 of 2 LEGAL DESCRIPTION CITY OF FORT COLLINS NATURAL RESOURCES TO LARIMER COUNTY PROPERTY DESCRIPTION OF TEMPORARY EASEMENT THE FOLLOWING ARE DESCRIPTIONS OF PORTIONS OF A PARCEL OF LAND, SAID PARCEL BEING LOCATED IN SECTION 3, TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, WITH SAID PARCEL BEING DESCRIBED IN THE LARIMER COUNTY RECORDS AS RECEPTION NO. 283894, AND SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT A: THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SECTION 3 BEARING S00`59'47"W,DEFINED AS THE PROJECT BEARING. THE FOLLOWING BEARINGS IN THIS DESCRIPTION ARE ROTATED 00057'17"RIGHT FROM THE RECORD BEARINGS FOR THE SUBJECT PARCEL, IN ORDER TO MATCH THE PROJECT BEARING. PARCEL A COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 3,4, 33, AND 34; THENCE S00°59'47"W, ALONG THE WEST LINE OF SECTION 3 A DISTANCE OF 1187.98 FEET TO A POINT; THENCE S89°37'38"E,A DISTANCE OF 30.00 FEET TO A POINT WHICH IS THE INTERSECTION OF THE NORTH LINE OF SAID RECEPTION NO. 283894 AND THE EAST RIGHT OF WAY LINE OF NORTH TAFT HILL ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S89'37'38"E,ALONG SAID NORTH LINE,A DISTANCE OF 20.00 FEET TO A POINT; THENCE S00°59'47"W,A DISTANCE OF 40.00 FEET TO A POINT; THENCE N89'37'38"W,A DISTANCE OF 20.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NORTH TAFT HILL ROAD; THENCE N00'59'47"E, ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.018 ACRES (800 SQ. FT.),MORE OR LESS AND ALSO PARCEL B COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 3, 4, 33, AND 34;THENCE S00°59'47"W, ALONG THE WEST LINE OF SECTION 3,A DISTANCE OF 1187.98 FEET TO A POINT; THENCE S89`37'38"E, A DISTANCE Pagel of2 EXHIBIT "A" _ Page 2 of 2 OF 30.00 FEET TO A POINT WHICH IS THE INTERSECTION OF THE NORTH LINE OF SAID RECEPTION NO. 283894 AND THE EAST RIGHT OF WAY LINE OF NORTH TAFT HILL ROAD;THENCE S00059'47"W,ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 85.13 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S89'37'38"E, A DISTANCE OF 20.00 FEET TO A POINT; THENCE S00'59'47"W,A DISTANCE OF 20.00 FEET TO A POINT; THENCE N89'37'38"W,A DISTANCE OF 20.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NORTH TAFT HILL ROAD; THENCE N00°59'47"E, ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 20.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.009 ACRES (400 SQ. FT.),MORE OR LESS HAO I OOUegals&exhibits\CITY OF FORT COLLINS\ft Collins nat res tempesmnt legal.doc e of a 2 EXHIBIT "B" Page 1 of 1 LEGAL DESCRIPTION CITY OF FORT COLLINS TO LARIMER COUNTY PROPERTY DESCRIPTION OF PERMANENT ROAD RIGHT OF WAY THE FOLLOWING IS A DESCRIPTION OF A PORTION OF A PARCEL OF LAND, SAID PARCEL BEING LOCATED IN SECTION 4,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SHOWN ON THE ATTACHED EXHIBIT A: THE BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 4 BEARING S00059'47"W,DEFINED AS THE PROJECT BEARING. THE FOLLOWING BEARINGS IN THIS DESCRIPTION ARE ROTATED 00059'47"RIGHT FROM THE RECORD BEARINGS FOR THE SUBJECT PARCEL, IN ORDER TO MATCH THE PROJECT BEARING. COMMENCING AT THE NORTH ONE SIXTEENTH CORNER COMMON TO SECTIONS 3 AND 4; THENCE N89°03'40"W, A DISTANCE OF 30.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF NORTH TAFT HILL ROAD; THENCE S00059'47"W, A DISTANCE OF 260.88 FEET TO A POINT WHICH IS THE INTERSECTION OF A FENCE LINE WHICH IS THE ACCEPTED NORTH LINE OF A PARCEL ACQUIRED BY THE CITY OF FT. COLLINS AS THE RESULT OF A COURT ACTION AND THE WEST RIGHT OF WAY LINE OF NORTH TAFT HILL ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S00'59'47"W,ALONG SAID WEST RIGHT OF WAY LINE,A DISTANCE OF 52.75 FEET TO A POINT WHICH IS THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF NORTH TAFT HILL ROAD AND THE NORTH LINE OF SAID RECEPTION NO. 982475; THENCE N55'14'33"W,ALONG SAID NORTH LINE,A DISTANCE OF 12.03 FEET TO A POINT; THENCE N00°59'47"E,A DISTANCE OF 52.93 FEET TO A POINT ON SAID FENCE LINE OF THE ACQUIRED PARCEL; THENCE S54'31'52"E, ALONG SAID FENCE LINE A DISTANCE OF 12.13 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.01 ACRES (428.43 SQ. FT.),MORE OR LESS 8 H:\0100\legals&exhibits\CITY OF FORT COLLINS\city of fort collins acquired legal.doc Page 1 of I EXHIBIT "C" Page 1 of 1 A tract of land situated in the SE '/4 of the NE '/4 of Section 4, Township 7 North, Range 69 West of the 6ch P.M., County of Larimer, State of Colorado, and more particularly described as follows: Considering the E. line of said Section 4 as bearing due N. and with all bearings contained herein relative thereto. Commencing at the NE corner of the SE 1/4 of the NE 1/4 of said Section 4, thence S. 89°56'33" W. along the N. line of the SE 1/4 of the NE '/4 of said Section 4 a distance of 30 feet, thence S. 313.63 feet to the true point of beginning, thence continuing S. 40.00 feet, thence W. 70.00 feet, thence N. 86.80 feet; thence S. 56°14'00" E. along the South right-of-way line of Colorado & Southern Railroad a distance of 84.20 feet to the true point of beginning. Said tract of land containing 0.102 acres.