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HomeMy WebLinkAbout137 - 11/02/2021 - DECLARING CERTAIN CITY-OWNED PROPERTY AT 3620 KECHTER ROAD AS ROAD RIGHT-OF-WAY ORDINANCE NO. 137, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AT 3620 KECHTER ROAD AS ROAD RIGHT-OF-WAY WHEREAS, the City owns five acres of property at 3620 Kechter Road in southeast Fort Collins(the"City Property") as part of the City's Affordable Housing Land Bank Program; and WHEREAS,there is an existing sidewalk on the south edge of the City Property that is not entirely within the current right-of-way of Kechter Road; and WHEREAS, City staff has recommended that the City Council declare an additional two- foot-wide strip of the City Property along Kcchter Road, totaling approximately 699 square feet (.016 acres), as road right-of-way to accommodate the sidewalk; and WHEREAS, the proposed right-of-way is described on Exhibit "A" attached and incorporated herein by reference; and WHEREAS, converting a piece of property owned by the City in fee simple to right-of- way is tantamount to a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance,that such sale or other disposition is in the best interest of the City; and WHEREAS, the City Council determines that converting 699 square feet of the City Property to right-of-way to place the sidewalk entirely within a public right-of-way 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby declares that the real property described on Exhibit "A" shall constitute right-of-way for Kechter Road and related improvements, including without limitation public utilities, pedestrian, transit and bicycle access and improvements, landscaping, and such other related purposes as may now or in the future be determined appropriate, and hereby finds that such declaration is in the best interest of the City. Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real property records of the Larimer County Clerk and Recorder's office once the Ordinance becomes effective in accordance with Article II Section 7 of the City Charter. -1- Introduced, considered favorably on first reading, and ordered published this 19th day of October,A.D. 2021,and to be presented for final passage on the d day of November,A.D.2021. av/ e ATTEST:Interim City Clerk Passed and adopted on final reading on the 2nd day of November, A.D. 2021. May ATTEST: Interim City Clerk P o*Fo r.2. �' y SEAL cOLOR�' , EXHIBIT A DESCRIPTION OF ADDITIONAL RIGHT OF WAY A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING DESCRIBED AS FOLLOWS: THE NORTH 2.00 FEET OF THE SOUTH 42.00 FEET, MEASURED PERPENDICULARLY, OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED TO THE CITY OF FORT COLLINS RECORDED MAY 8, 2002 AT RECEPTION NO. 2002050960. CONTAINING 699 SQUARE FEET MORE OR LESS AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. IT IS THE INTENT OF THIS DESCRIPTION THAT THE SIDELINES OF THE ABOVE- DESCRIBED TWO-FOOT STRIP BE PARALLEL WITH THE SOUTH LINE OF THE TRACT DESCRIBED IN SAID WARRANTY DEED. 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. PpO REc sr 0 16b a. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 Development Review\Kechter Townhomes\ROW Description—Kechter Townhomes.docx Account#: FTC-003160 COLLINS 001— ' Invoice Text C�OLFORT- LL0_)W_ _ _ NOTICE IS HEREBY GIVEN that the Fort Collins City Counl STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issues of said newspaper dated on NOTICE IS HEREBY.`;GIVEN"that the`I ForrColltns Clty Couna[I on Tuesday, :: November 2, 2021, passed and .adopted.. the #ollowiggi ardlrLdhces an second;Y 11/07/21 reading .ORDINANCE"No I3%204T that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the OF.THE COUNCIL,OF;THE CJTY OF p Y P Y g FORT CotL1N5 period of at least six months next prior to the first publication of said notice or advertisement above MAKI NG'SU PPLEMENTALAPPRO PRIATIONS FOR,PROMOTION AND referred to;that said newspaper has been admitted to the United States mails as second-class matter EDUCATION'REGARDtNGTHESPIN E BIKE/E-SCOOTERMlGR01VS081LI under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said T.Y.SHARE;PROGRAM ORDINANCE::,ND 134,.za21 newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within OF.THE COUNCILIOF THE CITY OF the meaning of the laws of the State Of Colorado. FORT COLLINS g MAKING.SUPPLEMENTAL APPRO PRfATIONS'IN THE'GENERAL'FUND FOR"THE:ENVIRONMENTAL;SERV °JCES INDOOR AIR QUALITY:PRO GRAMS'.FROM.THE.US EN.VIRON•i c MENTAL PROTECTION AGENCY GRANT - ORDINANCE NO 135 2021 Legal Clcrk OF THE COUNCIL OF THE CITY OF 'FORT"COLLINS `" ' Subscribed and sworn to before me within the Count of Brown,State of Wisconsin this 40OROPRr TING PRIOR YEAR RE Y SERVES.AND AUTHORIZING TRANS 7tlr of November Zd?1. �:FERS;OFiAPPROPRIATIONS FOR THE:EAST::C ISTRICT MAINTENANCE >: FACILITY PROJECT AND RELATED ART 1N - P:UBLIC'P,LACES ' Np 136,2021 OF THE COUORDINANCENCIL;OF THE CITY OF; '':FORTsCOLLINS ? ; AUTHORIZING THE.ACQUISITION BY EMINENT+DOJViAIN PROCEEDINGS Nota�yPublic OF�CERTAIN LANDS NECESSARY,TO GONSTRUCT'PUI3LIC IMPROVE`; MEN. 5 FOR THE SOUTHJCOLLEOI AVENUE TRILBY ROAD INTERSEC " TlON ORDINANCE NO 13,7 2D21 OF THE COUNCIL OF THE CITY OF Notary Expires FORT COLL'I NS DECLARING CERTAIWCITY ONINED PROPEt2TY AT 362D KECHTER ROAD AS ROAD RIG of wAY Le-al No.0004989349 ORDINANCE NO :138,2621 OF.THE-.COUNCIL OF:THE CITY.:;OF Ad#:0004989349 FORT COLLI Ns AUTHORIZING:THE CONVEYANCE AfGdavitPrepared P p; OF CITY-OWNED PROPERTY Sunday,November 7,202 3:34 mn AT 3620 KECHTER ROAD TO This is not an invoke KECHTER rwG LLLP V I C KY F STY #of Affidavits 1 The full'text of ttiese ordinances cah be found af> h#tp l/fcgov corrilpubllanofiices ' Notary Public ar by calling the:City C(erk's Of#Ice at 97022t6515 State of Wisconsin 0004989349 i Coloradoan Nov.7;-2021 Account#: FTC-003160 j FORT-COLLINS J � 0 Invoice Text WNOTICE IS HEREBY GIVEN that the fort Collins City Count STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 NOTIC I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that Fore Coot;; CUeRJ Ia an the same is a daily newspaper g p 1 y October t9,2tlai,passed and adopts y of general circulation and Tinted and published in the City of Fort ordIn Thesetng trance ,will on presentc+ g.jollow Collins,in said county and state;that the notice or advertisement,of which the annexed is a true These ordihances will be presented for' Y� _ #InaJ pasaf� anu$tSdav,;I�ovel�tlb0r z, ^mcopy,has been published in said daily newspaper and that the notice was published in the regular 2a21 , 4; and entire issue of every number of said newspaper during the period and time of publication of said ORDINANCE NO t33,2021 OF:TtiE GQUNCIL O,F THE CITY OF notice,and in the newspaper propel'and not in a supplement thereof,ghat the publication of said -FORT COLLiNS MAKING$sUPPLEMENTAL AI;PRO notice was contained in the issues of said newspaper dated on PF{IAT. IONs�FORPROMOTIONJ AND EDUCATION REGARI?ING THE SPIN E BIKE(/E SCOOTER MICRO AAOBILI 3 TY SHARE'PROGRAM> O1RDI;NANCE NO 734,2021 10/26/21 OP;'THE COUNGIL;OF THE.GNTY OF: :" r ,"FORT GOLLINS MAKING SUPPLEMENTAL APPRO that said Fort Collins ColO]'ad0811 has beenpublished continuously and uninterruptedly during the PRNATlONS;FN THE GENERALS FUND FOR THE CNVIRON7NENTALSERV period of at least six months next prior to the first publication of said notice Ol'advertisement above ICES INDOOR PIR'CUALf,TY>>;PRO referred to'>that said newspaper 11aS been admitted t0 rile United States mails as second-class matter GRArU15 FROM THE;US ENVfRDN 14SENTAL PRnTECTION AGENGY under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said GRANT newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within ORDINANCE NO 135 2027 OF.THE COUNCIL Oi THE CITY OF the meaning of the laws of the State of Colorado. FORT COLLIN5 APf?ROPRI%aTING.PRIOR'YEAR RE SERVES AND Al1THO;RIZINGTRANS FIRS OF'APPROP,.RIAT:IONStFOR RACILI ST PROJECT.AND RE TVANCE FACILITY P.ROJECT,ANO RELATED ART I:N PUBLIC PLACES ORDINANCE NO t36,2021 Legal Cleric THE COUNCIL,'OF.THE CITY OF OF \ FORT COLLINS AUTHORIZING THE ACQUISITION BY Subscribed and sworn to before me,within the County of Brown, State of Wisconsin this EMINENT l2 _AIN PROCEEDINGS OF GERTA1WLANDS,NECESSARY TO 26th Of Octobet-2021. CONSTRUCT.PUBLIC.IMPROVE MENTS E FOR;TH SOUTH CQ,LLEGE V 11 TRILPyblltfi O ORDINANCE NO 137 202t OF THE COUNCIL'OF,THE CITY OF FORE COLLINS DECLARING CERTA"IN CITY F'ROPRTY AT Notary Public �620 KjEGHTEI ROADAS RbAD RIGHTOR=LAY The fiolloWlhg Ordlnclq Wq�adoptod an Farsti T�etidlHdl alt Oa#Cbelz�z6,,�1'tY1t and � � �� � wlll'.be pre e o.n ented #or.;final passag Novemb0r Z 2021 , Notary Cxpires ORDINANCE Nt] 120 2021 DF,THE COUNCIL OF.THE CITY OF FORT coLLINs Ahl1ENOING.CHAPTER26nFTHE �pTHLEEN ALLEN CDDE OF THI=_CIiY OF PORT Legal i\o.0004974720 GOLLINS Public r TO MAKE VARIOUS UPDATES RI N Ot&ry GQR01NG,,'rHE ,� WASTEWATERUT1LI"YPRETREAT f \N:ISC0nSIn MENTPROGRAM State 0 Affidavit Prepared The:full text of these ordinances-can be:` Tuesday,October 26,202 3:34 am found of http:I/fcgov;cam/nubiicnotices. ar by:talffng ithe Cftv`.'Clerk's':Of#Ice,at=' 970,221 6515, - 000074720. Coloradoan Oct 26,202t;