HomeMy WebLinkAbout067 - 05/02/2006 - AMENDING THE LEGAL DESCRIPTIONS FOR CERTAIN CONVEYANCES TO THE COLORADO DEPARTMENT OF TRANSPORTATION ORDINANCE NO. 067, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LEGAL DESCRIPTIONS FOR
CERTAIN CONVEYANCES TO THE COLORADO
DEPARTMENT OF TRANSPORTATION
APPROVED IN ORDINANCE NO. 007, 2005
WHEREAS, on February 1, 2005, the City Council approved Ordinance No. 007, 2005,
authorizing the conveyance of right-of-way and non-exclusive utility easements to the Colorado
Department of Transportation ("CDOT") in connection with CDOT's development of a new
public rest area on East Prospect Road in Fort Collins; and
WHEREAS, Ordinance No. 007 approved the conveyance of a non-exclusive permanent
sewer easement, a non-exclusive permanent domestic water and gas easement, and road right-of-
way to accommodate the installation of a turn lane from East Prospect Road onto the access road
to the new rest area property; and
WHEREAS, since the approval of Ordinance No. 007, CDOT has reviewed and refined
the legal descriptions used to describe the areas for each of the identified easement areas, and has
typographical errors in those descriptions that render said descriptions unclear or uncertain; and
WHEREAS, the corrected legal descriptions for each of the areas to be conveyed include:
1) the .054 acre area described on Exhibit "A-1" attached hereto and incorporated herein by this
reference, for the desired non-exclusive permanent sewer easement; 2) the .093 acre area
described on Exhibit `B-l" attached hereto and incorporated herein by this reference, for the
desired non-exclusive permanent domestic water and gas easement; and 3) the .266 acre area
described on Exhibit "C-1" attached hereto and incorporated herein by this reference, for the
desired road right-of-way for the turn lane from East Prospect Road onto the access road to the
new rest area property; and
WHEREAS, City staff has reviewed these proposed amended legal descriptions, and has
determined that the corrected descriptions are necessary to provide for a clear record of the
intended conveyances, and further that the corrections do not result in a material change from the
originally intended easement areas; 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
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 City Council hereby finds that the conveyance of the easements
described herein using the corrected legal descriptions attached hereto as Exhibit "A-1", Exhibit
"B-1" and Exhibit "C-1", will be for the benefit of the City's citizens and is in the best interest of
the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the right-of-way and the easements described herein to
CDOT consistent with the terms of this Ordinance, together with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City, including any necessary corrections
to the legal descriptions thereof that do not result in a material increase or change in character of
the intended right-of-way or easement area.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 2006, and to be presented for final passage on the day of May, A.D. 2006.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of May, A.D. 2006.
Mayo
ATTEST:
City Clerk
StanW Consulting Inc -
209 South Meldrunt Strew
Fort Collins CO 80521-2603
Tel:(970)482-5922 Fax:(970)482-6368
stmttec.corn
Stantec
EXHIBIT "A-1"
PROJECT NUMBER: MC C060-031
PARCEL NUMBER: UE-2
DATE: March 8, 2006
DESCRIPTION:
A tract of land, Parcel No. UE-2 of the Department of Transportation,State of Colorado,
Project No. MC C060-031 containing 2,354 square feet, more or less,situated in the Northeast
Quarter of Section 21,Township 7 North, Range 68 West of the 6jh Principal Meridian,City of
Fort Collins,County of Larimer, State of Colorado, being more particularly described as follows:
Commencing at the North Quarter Comer of said Section 21;Thence along the north line of the
Northeast Quarter of said Section 21, South 88°38'37"East,a distance of 709.35 feet;Thence
departing said north line South 00*01'22" East, a distance of 30.01 feet to the to the northwest
comer of that parcel as recorded at Reception Number 97026804 of the Clerk and Recorders
Office of Larimer County,said point also being on the South Right of Way line for East Prospect
Road, thence along the west line of said parcel South 00°01'20"East,a distance of 498.76 feet,to
the southwest comer of said parcel and the southeast comer of that parcel recorded at Book 1990
Page 0608 of the Clerk and Recorders Office of Larimer County,thence along the south line of
said parcel at Book 1990 Page 0608 the following two(2)courses: 1) South 88°08'43" West,a
distance of 2.26 feet, Thence 2), South 47°46'29" West,a distance of 292.93 feet to the True
Point of Beginning:
I. Thence South 74°03'54"East,a distance of 117.71 feet;
2. Thence South 47'46'29" West,a distance of 23.54 feet;
3. Thence North 74003'54" West,a distance of 117.71 feet to the aforementioned south line
at Book 1990 Page 0608:
4. Thence along said south line North 47°46'29" East 23.54 feet to the True Point of
Beginning.
1
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Said described parcel contains 2,354 square feet.
Basis of Bearings: All beanngs are based on the North line of the Northeast Quarter of said
Section 21, connectint:the North ''/,Corner of Section 21 (found 06 rebar with no cap), Township
7 North, Range 68 Nest, and the Northeast Corner of said Section 21 (Found 2 '/-_" Brass Cap in
concrete: illegible)as bearing South 8898'37" East and with all bearings herein relative thereto.
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Michael David Lang v : pf jr
Colorado Professional Land Surveyor Registration Number 37053 �\ 3. 7.06
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Revised September 29,2005
Revised October 11,2005
Revised \larch 8, 2006
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209 South Meldrum Street
Fart Collins CO 80521-26C3
Tel:(970)482-5922 Fax (970)482.6368
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Stantec EXHIBIT "B-1"
PROJECT NUMBER: MC C060-031
PARCEL NUMBER: UE-2A
DATE: March 8,2006
DESCRIPTION:
A tract or parcel of land No. UE-2A of the Department of Transportation, State of
Colorado, Project No. MC C060-031 containing 4,047 square feet,more or less, situated in the
Northeast Quarter of Section 21, Township 7 North, Range 68 West of the 6" Principal Meridian,
City of Fort Collins, County of Lorimer, State of Colorado,being more particularly described as
follows:
Commencing at the North Quarter Comer of said Section 21;Thence along the north line of the
Northeast Quarter of said Section 21, South 8803817" East, a distance of 709.35 feet;Thence
departing said north line South 00'01'22"East,a distance of 30.01 feet to the to the northwest
corner of that parcel recorded at Reception Number 97026804 of the Clerk and Recorders Office
of Larimer County, said point also being on the existing South Right of Way line for Last
Prospect Road;Thence along the west line of said parcel, South 00001'20" East, a distance of
498.76 feet to the southwest corner of said parcel,also being the southeasterly comer of that
parcel described at Book 1990 Page 0608, Clerk and Recorders Office of Larimer County and the
True Point of Beginning:
I. Thence along the southerly I ine of said parcel South 88'08'43" West, a distance of 2.26
feet;
2. Thence continuing along the southeasterly line of said parcel, South 47'46'29" \Vest,it
distance of 37.44 feet;
3. Thence South 00'01'22" East, a distance of 134.99 feet;
4. 1-hence North 47'46'29" East,a distance of 40.50 feet;
5. Thence North 00'01'22" West, a distance of 133.01 feet to 17ue Point Of Beginning.
Said described parcel contains 4,047 square feet.
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Stantec
Basis of Bearings: All bearings are based on the North line of the Northeast Quarter of said
Section 21. connecting the North ''A Corner of Section 21 (lound '6 rebur with no cap), Township
7 North, Range 68 Nest,and the Northeast Corner of said Section 21 (found 2 /" Brass Cap in
concrete: illegible)as bearing South 88°38'37" East and with all bearings herein relative thereto.
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Michael David Lang o�:, ; `f p6 JQ
Colorado Professional land Surveyor Registration Number 37053 Fs•'•. 000
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Revised:October 11,2005
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Tel.(970)482-5922 Fts:(970)482 6368
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EXHIBIT "C-1"
Z� PROM r NUMBER MC C060-031
PAR(Id, NUMBER: 3
StdflteC AND
PARCEL NUMBER 10
DATE: October 11.2005
Revised: December 29. 2005
MSCRIPTION:
T%w(2) tracts or parcels of land. No. 3 and No.10 of the Depmament of Transportation.
State ot'Colorado, Project No. 41C 060- 3 �• c
C 0- I, Parcel Na. 3 containing 3._2 18 square tut, more or-
less, and Parcel No. 10 containing 8.285 square feet,situated in the Northeast Quarter of*Sect ion
21, To%\nship 7 North. Range 68 West of•the 6"' Principal Meridian, City of Fort Collins.County
of rarinier, State of Colorado, being more particularly described as follows:
Commencing at the North Quarter Corner of said Section 21: Thence alone the north line of the
Northeast Quarter of said Section 21. South 88°38'37" Last, a distance of 1120.30 lect to the
northwest corner of that MOT Right of Way easement recorded at Reception Number 88026808
ol'the Clerk and Recorders Office of Lorimer County;Thence following the west line of said
Righl of Way South 01*21'23"West. a distance of 30.00 feet to the•frog Point of leginning:
I. Thence continuing along said west easement line South 45'28'39'• Last, a distance of
40.20 feet.-
2 "I'hcnce along a line lying 57.50 feet south of and parallel with said north line of the
Northeast Quarter of said Section 21.North 88°38'37" West. a distance of 125.32 feet to
the cast line of that parcel recorded at Reception Number 2001012592 of the Clerk and
Recorders Office of Larimer County, said point also being on the south Right of Wav for
East Prospect Road:
3. Thence .`worth 32°35'15" \Pest,a distance ol'33.15 feet along the east line of said parcel:
4. Thence South 8898'37" East. a distance of 114.51 feet along a line h ill,, 30 feet south of
and parallel st ith said north line of the Northeast Quarter ol'said Section 21, to the True
Point of Beginning.
AND ALSO
C'ontmcncing at the North Quarter Comer of said Section 21: Thence along the north line of the
Northeast Quarter of said Section 21. South 88'38'3 T' Fast, a distance of 1400.30 feet, to the
northeast corner of that CDOT Right of Way casement recorded at Reception Number 88026SOS
of the Clerk and Recorders Office of Lorimer County: Thence hollowing the cast line of'said
Right of Way South 01°21'23" \\est. it distance of'
29.99 feet to the True Point of Beginning:
1
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I. i hence South SS'38'=7" Gast. a distance ol'272.47 feet along a line lying 30 feet suulh Of
and parallel \c nh said north fine ofthe Northeast Quarter ol'sai d Section _I to a point on
the nest line ofthat parcel described at Book 1992 Pape 02SO ol'thc C Icrk and ReC(ALICIS
011ice of Lanmer County.
2. Thence South 01`21'23" \Nest. a distance o1.6.42 feet orlon said rcc,t line:
I'hcncc continuing along said \Nest line South 61'58' 13" Bast. a distance of 46.96 Icct:
4. Thence Korth 88'38'37' \Vest. a distance of 3 39.55 lest along a line I-ing 57.50 feet
south of and parallel %%ith said north line ollhc Northeast Quarter of said Section 21, to a
point on the aforementioned the cast line of said Right of\i'ay recorded at Reception
Number 880268OS:
3. I'hence North 44°06'10" East. a distance of 37.:1i feet alone said cast Right of\Vay line
to the True Point of Beginning.
Said described parcels contain 0.266 acres (11.SS3 square feel).
Basis of Bearings: All bearings are based on the North line of the Northeast Quarter of said
Section 2I.connecting the North '/Corner of Section I (found €6 rebar with no cap). Township
7 North. Ram_e 68 West, and the Northeast Corner ofsaid Section 21 (found 2 " Brass Cap in
concrete: illegible)as bearing South SS`3S'37" Gast and with all bearings herein veto
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Michael Darid Lang
Colorado Pioiessinnal Land Surceyo Registration Number 37053 0� ! iZ-06 �u+o
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Re\ised: October 1 I. 2005
Re%ised: December 29. 2005
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