HomeMy WebLinkAbout088 - 08/17/1993 - AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO CHARLES R. NAUTA AND CONNIE L. NAUTA ORDINANCE NO. 88, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO
CHARLES R. NAUTA AND CONNIE L. NAUTA
WHEREAS, Charles R. Nauta and Connie L. Nauta ("the Nautas") filed with the
City of Fort Collins ("the City") a Statutory Notice of Claim stating numerous
claims for damages allegedly caused to the Nautas' real property located at 832
Wood Street, Fort Collins, Colorado, by the City's construction of its Utility
Service Center at 700 Wood Street ("the Service Center") ; and
WHEREAS, in their Notice of Claim, the Nautas allege that some of their
damages resulted from the City's construction and use of a portion of its Service
Center property constituting approximately 4407 square feet located to the south
of the Service Center and adjacent to the Nauta property, which real property is
legally described in Exhibit "A" attached hereto and incorporated herein by this
reference ("the City Property") ; and
WHEREAS, the City and the Nautas have entered into a Release and Settlement
Agreement dated July 6, 1993 ("the Settlement Agreement"), pursuant to which the
parties have agreed to settle some, but not all , of the Nautas' claims set forth
in their Statutory Notice of Clain, including their claim for damages resulting
from the City Property; and
WHEREAS, the Settlement Agreement provides that in settlement of the
Nautas' claims resulting from the City Property, the City has agreed to pay to
the Nautas the sum of $8,712.40 and to convey to the Nautas the City Property
contingent upon the City Council approving the conveyance of City property as
required by Section 23-111 of the City Code; and
WHEREAS, Section 23-111 of the City Code requires that, prior to any
conveyance or other disposition of real property owned in the name of the City,
the City Council must find, by ordinance, that such conveyance or other
disposition is in the best interests of the City; and
WHEREAS, Section 23-111 of the City Code further requires that with respect
to real property which is part of the City's Water or Utility Systems, the City
Council must also find that the disposition will not materially impair the
viability of the particular utility system as a whole and that it will be for the
benefit of the citizens 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 City Property to the Nautas is in
the best interests of the City.
Section 2. That the conveyance of the City Property does not materially
impair the viability of the City's Water or Utility Systems and that it will be
beneficial to the citizens of the City.
Section 3. That the City's conveyance of the City Property to the Nautas
pursuant to the Settlement Agreement is hereby approved.
Section 4. That the Mayor be, and hereby is, authorized to execute a deed
conveying the City Property to the Nautas pursuant to the terms of the Settlement
Agreement.
Introduced, considered favorably on first reading, and ordered published
this 3rd day of August, A.D. 1993, and to be presented for final passage on the
17th day of August, A.D. 1993.
Mayo
ATTEST: e
City Clerk O
Passed and adopted on final reading this 17th y August 1993.
l
or
ATTEST:
\I
OaL .
City Clerk
2
EXHIBIT "A"
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS SERVICE CENTER
P.U.D. TO BE DEEDED TO NAUTA
A tract of land located in the southwest quarter of Section 2
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also a portion of the Plat of City Of Fort Collins Service Center
P.U. D. a Plat of record with the Clerk and Recorder of the said
Larimer County more particularly described as follows;
Commencing at the northeast corner of the said Plat of City Of Fort
Collins Service Center P.U.D. ;
THENCE along the north line of the said Plat, North 86 degrees
24 minutes 36 seconds West for a distance of 473 . 37 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 86 degrees
24 minutes 36 seconds West for a distance of 481.21 feet;
THENCE continuing along the said north line, North 66 degrees
16 minutes 22 seconds West for a distance of 86. 02 feet to the west
line of that certain tract of land as described in a Deed dated
June 8 , 1977 and recorded in Book 1775 at Page 0046 records of the
said Clerk and Recorder;
THENCE along the southerly prolongation of the said west line,
South 00 degrees 02 minutes 38 seconds West for a distance of 6.06
feet,
THENCE leaving the said prolongated line, South 66 degrees 26
minutes 00 seconds East for a distance of 89 . 87 feet;
THENCE South 86 degrees 30 minutes 57 seconds East for a
distance of 149 . 55 feet;
THENCE South 73 degrees 42 minutes 01 seconds East for a
distance of 10. 53 feet;
THENCE South 86 degrees 29 minutes 17 seconds East for a
distance of 304 . 65 feet;
THENCE North 58 degrees 55 minutes 44 seconds East for a
distance of 15 . 40 feet to the point of beginning. Containing 4407
square feet.
The above described tract is subject to all easements and rights of
ways now existing or of record.
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.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522