HomeMy WebLinkAbout084 - 07/19/2011 - AUTHORIZING THE CONVEYANCE OF ACCESS EASEMENTS TO THREE PRIVATE LAND HOLDERS WITHIN THE SOAPSTONE PR i
ORDINANCE NO. 084, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF ACCESS EASEMENTS TO THREE PRIVATE
LAND HOLDERS WITHIN THE SOAPSTONE PRAIRIE NATURAL AREA
WHEREAS,the City is the owner of certain real property located in northern Larimer County
known as Soapstone Prairie Natural Area(the "Natural Area"); and
WHEREAS, the City is planning to ask Larimer County to vacate all public rights-of-way,
including any prescriptive rights,that may remain within the boundaries of the Natural Area,in order
to ensure that any roads within the Natural Area, including the northern extension of Rawhide Flats
Road north of the Natural Area's southern boundary,are private roads owned by the City for the sole
purpose of providing access to the Natural Area; and
WHEREAS, there are currently three privately-owned parcels of land that are in holdings
within the Natural Area (the "Properties"); and
WHEREAS,upon the County's vacation of the public rights-of-way within the Natural Area,
the Properties would no longer be legally accessible; and
WHEREAS,therefore,in order to provide a substitute means of access to the Properties,City
staff is recommending that the City grant the property owners access easements across a portion of
the City's access road; and
WHEREAS, the proposed access easements are described on Exhibit A, attached and
incorporated herein by reference (the "Access Easements"); and
WHEREAS, the Access Easements would be contingent upon the vacation of the existing
road right-of-way,and would not give the owners of the Properties more rights to use or access City
property than they have prior to the vacation; and
WHEREAS,Section 23-111(a)of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of any and all interests in real property owned by the City,
provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 conveyance of the Easements, as set forth herein, is in the best
interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements on terms and conditions consistent with this Ordinance,together
with such additional terms and conditions as the City Manager, in consultation with the City
Attorney,determines are necessary or appropriate to protect the interests of the City, including,but
not limited to, any necessary changes to the legal description of the Easements, as long as such
changes do not materially increase the size or change the character of the Easements.
Introduced,considered favorably on first reading,and ordered published this 5th day of July,
A.D. 2011, and to be presented for final passage on the 19th day of July, A.D. 2011.
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Passed and adopted on final reading on the 19th day of July, A.D. 2011.
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EXHIBIT A
Easement 1, City to the owner of E %of NE '/4 of Section 11, Township 11 North, Range 69 West
of the 61h P.M.,being Larimer County Assessor's Schedule Number R0599662,LESS approximately
44 acres west of easterly side of existing road extending north as or from County Road 15 in the East
Y2 of the Northeast '/4 of Section 11, Township 11 North, Range 69 West of the Oh Prime Meridian,
Larimer County, Colorado, and NW '/4 of Section 7, Township 11 North, Range 68 West of the 61h
P.M., being Larimer County Assessor's Schedule Number R0300381, and SW '/4 of Section 7,
Township 11 North, Range 68 West of the 6`h P.M., being Larimer County Assessor's Schedule
Number R0599603, and W Yz of NE `/4 & W '/2 of SE '/4 of Section 7, Township 11 North, Range
68 West of the 6`h P.M., being Larimer County Assessor's Schedule Number R0599557, and all
Section 12, Township 11 North, Range 69 West of the 61h P.M., being Larimer County Assessor's
Schedule Number R0599697,Larimer County,State of Colorado(Kurt E.and Nancy Zimmerman):
A perpetual,non-exclusive access easement on,over,under and across Grantor's Property,from the
south section line of Secs. 13 and 14, T11N, R69W to the north section line of Secs. 11 and 12,
T11N, R69W along the existing improved roadway, as the same now exists or may hereafter be
moved or modified.
Easement 2, City to the owner of E '/2 of NW '/4 of Section 13, Township 11 North,Range 69 West
of the 61h P.M., Larimer County, Colorado (Janalee McEwen Bowler):
A perpetual,non-exclusive access easement on,over,under and across Grantor's Property,from the
south section line of Secs. 13 and 14, T11N, R69W to the north section line of Secs. 11 and 12,
T11N, R69W along the existing improved roadway, as the same now exists or may hereafter be
moved or modified.
Easement 3, City to the owner of S'/z of SE '/4 of Section 11, Township 11 North, Range 69 West
of the 61h P.M., Larimer County, Colorado. (Kelly Noonan):
A perpetual,non-exclusive access easement on,over,under and across Grantor's Property,from the
south section line of Secs. 13 and 14, T11N,R69W to the north line of the S %2 of the SE '/4 of Sec.
11,T1IN,R69W along the existing improved roadway,as the same now exists or may hereafter be
moved or modified.