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HomeMy WebLinkAbout012 - 02/15/1994 - AUTHORIZING A DEED OF CONVEYANCE AND TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF COLORADO DEPARTMENT ORDINANCE NO. 12, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE AND A TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF COLORADO DEPARTMENT OF TRANSPORTATION FOR PART OF THE OLD POWER PLANT SITE LOCATED ON NORTH COLLEGE AVENUE WHEREAS, the City owns certain real property located at 430 North College Avenue, known as the Old Power Plant Site; and WHEREAS, a portion of this power plant site is described on Exhibit "A, " attached hereto and incorporated herein by this reference (the "Property") ; and WHEREAS, the Colorado Department of Transportation has a planned project to improve the North College Avenue Bridge over the Poudre River, and its acquisition of the Property from the City is necessary to complete the project; and WHEREAS, the sale of the Property will not interfere with the City's use of the Old Power Plant; and WHEREAS, the State has offered to pay the City $24,250 for the Property and to convey two other parcels of property to the City, which parcels are described on Exhibit "B," attached hereto and incorporated herein by this reference (the "Exchange Property") , having a combined a value of $8,150; and WHEREAS, this offer would fully compensate the City for the estimated fair market value of the Property; and WHEREAS, Section U-111 of the City Code authorizes the Cif Council to sell interests in real property owned in the name of the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, Section 23-111 of the City Code also requires that, with respect to real property which is part of the City's water or utility systems, the Council must 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 sale of part of the Property for the amount of Twenty- four Thousand Two Hundred Fifty Dollars ($24,250) , together with the conveyance to the City of the Exchange Property, is in the best interests of the City. Section 2. That the disposition of the Property will not materially impair the viability of the City's Light and Power utility system as a whole; will be in the best interests of the- Cit.; and willbe for the benefit ofte heii<izens of the City'. ' ity. Section 3. That the proceeds derived by the City from the sale of this Property shall be allocated to the General Fund. Section 4. That the Mayor be, and hereby is, authorized to execute such agreements of sale and documents of conveyance as are necessary for the City to sell and convey the Property on the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 1st day of February, A.D. 1994, and to be presented f ,final pas the 15th day of February, A.D. 1994. Mayor ATTEST: 7] u11� �Auno� City Clerk —�— Passed and adopted on final reading this 15th y of February, 1994. r yor ATTEST: n City Clerk Page 1 of 3 EXHIBIT "A" COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO. 2: CITY OF FORT COLLINS STA 4+ TO STA. 12+ FOR PROJECT No. BR-CXBR 287-3 (63) Ft. Collins, Poudre River (Str. B-16-AC) DESCRIPTION A tract or parcel of land No. 2 of the Department of Transportation, State Of Colorado, Project No. BR-CXBR 287-3 (63) containing 15, 839 square feet, more or less in the NW 1/4 of Section 12, Township 7 North, Range 69 West, of the Sixth Principal Meridian, in Larimer County, Colorado, said tract or parcel of land being more particularly described as follows: All that portion of Lot Number Three in the reservation of the NW 1/4 of Section 12, T7N, R69W of the 6th P.M. , lying within the following description: Commencing at the NW corner of Section 12, T7N, R69W, of the 6th P.M. ; Thence S 0 degrees 06 minutes 47 seconds West, along the west line of the NW 1/4 of Section 12, a distance of 1, 024 . 32 feet; Thence S 89 degrees 42 minutes 43 seconds East, a distance of 40. 00 feet, to the intersection of the northerly Right of Way line of the Burlington Northern Railroad Company and the east Right of Way line Of S.W. 287 (March 1993) , said point being the TRUE POINT OF BEGINNING; 1. Thence N 56 degrees 46 minutes 47 seconds East, along the northerly Railroad Right of Way, a distance of 38. 12 feet. 2 . Thence N 0 degrees 17 minutes 17 seconds East, a distance of 473 . 57 feet; 3 . Thence N 0 degrees 19 minutes 08 seconds East, a distance of 260. 28 feet; 4 . Thence N 66 degrees 36 minutes 13 seconds West, a distance of . 3 . 25 feet; 5 . Thence N 51 degrees 16 minutes 13 seconds West, a distance of 21 .42 feet to the east Right of Way line of S.H. 287 (March 1993) ; Page 2 of 3 6. Thence S 0 degrees 13 minutes 19 seconds West, continuing along said Right of Way line a distance of 274 . 72 feet; 7 . Thence S 0 degrees, 02 minutes 20 seconds West, continuing along said Right of Way line a distance of 14 . 91 feet; 8 . Thence N 89 degrees 57 minutes 40 seconds West, continuing along said Right of Way line a distance of 15. 00 feet; 9. Thence S 0 degrees 00 minutes 19 seconds East, continuing along said Right of Way line a distance of 479 . 80 feet, more or less, to the TRUE POINT OF BEGINNING. The above described Parcel contains 15, 839 square feet, more or less. ALSO, ACCESS RIGHTS TO BE ACQUIRED FROM THE CITY OF FORT COLLINS DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 287, a freeway established according to the laws of the State of Colorado and from and to any part of the real property of the Grantor in the NW 1/4 of Section 12 , Township 7 North, Range 69W. , of the Sixth Principal Meridian, in Larimer County, Colorado, abutting upon said Highway, along or across line or lines described as follows: BR-CXBR 287-3 (63) PARCEL A-2 Westerly (Proj . No. ) (Parcel No. ) (Location of Line) Beginning at the NW corner of Section 12, T7N, R69W, of the 6th P.M. ; Thence S 4 degrees 23 minutes 04 seconds East, a distance Of 919. 71 feet to the TRUE POINT OF BEGINNING; 1. Thence N 0 degrees 17 minutes 17 seconds east, a distance of 386. 96 feet. 2 . Thence N 0 degrees 19 minutes 08 seconds East, a distance of 260.28 feet. AND ALSO, TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A Temporary Easement No. TE-2 of the Department of Transportation, State of Colorado, Project No. BR-CXBR 287-3 (63) containing 0 . 053 acres, more or less, in the NW 1/4 of Section 12 , Page 3 of 3 Township 7 North, Range 69 West, of the Sixth Principal Meridian, in Larimer County, Colorado, said Temporary Easement being more particularly described as follows: Beginning at the NW corner of Section 12; Thence S 0 degrees 06 minutes 47 seconds W. , along the west line of Section 12, a distance of 1, 024 . 32 feet; Thence S 89 degrees 42 minutes 43 seconds E. , a distance of 40. 00 feet; Thence N 56 degrees 46 minutes 47 seconds E, a distance of 38 . 12 feet to the TRUE POINT OF BEGINNING; 1. Thence N 56 degrees 46 minutes 47 seconds E. , a distance of 35 . 98 feet; 2 . Thence N 0 degrees 17 minutes 17 seconds E. , a distance- of 66. 75 feet; 3 . Thence N 89 degrees 42 minutes 43 seconds W, a distance of 30. 00 feet; 4 . Thence S 0 degrees 17 minutes 17 seconds W. , a distance of 86. 62 feet, more or less, to the TRUE POINT OF BEGINNING. The above described Temporary Easement contains 0. 053 acres/2 , 301 square feet, more or less. Basis of Bearings: All bearings are based on a line connecting the NW corner of Section 12 T7N, R69W, 6th P.M. (2" dia. CDOH Brass Cap) and the W 1/4 corner of Section 12, (31' dia. Brass Cap LS #17497) as bearing S 0 degrees 06 minutes 47 seconds West. Page 1 of 4 EXHIBIT "B" COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS PARCEL No. 5R STA 7+ TO STA. 10+ DESCRIPTION A tract or parcel of land No. 5R of the Department of Transportation, State of Colorado, Project No. BR-CXBR 287-3 (63) , in the NE 1/4 of Section 11, Township 7 North, Range 69 West, of the Sixth Principal Meridian, in Larimer County, Colorado, said tract or parcel of land being more particularly described as follows: PARCEL 1: Commencing at a point 198 feet north of the Southeast corner of Block 25, City of Fort Collins, Colorado, thence west 50 feet; thence north 190 feet; thence east 50 feet; thence south 190 feet to the point of beginning, County of Larimer, State of Colorado. PARCEL 2 : A parcel of land situated in the Northeast Quarter of Section 11, Township 7 North, Range 69 West, of the 6th P.M. , in the City of Fort Collins, County of Larimer, State of Colorado, bounded and described as follows: Commencing at the Northeast corner of Block 24, City of Fort Collins, said corner being 100 feet distant easterly, measured at right angles, from the centerline of the main track of the Fort Collins Branch of the Union Pacific Railroad Company as now constructed and operated; Thence parallel with said centerline of main track, N 0 degrees 02 minutes W, a distance of 388 . 0 feet to the Northeast corner of that. certain Parcel of 1aria cunveyea by Union Pacific Railroad Company to John S. Griffith, et al, by Warranty Deed dated May 28, 1946, U.P.R.R. Co. L. S.D.A. No. 1509, said point being the True Point of Beginning; Thence along the northerly line of said conveyed parcel, S 89 degrees 58 minutes W. , a distance of 50. 0 feet to a point 50. 0 feet distant easterly, measured at the right angles, from said centerline of the main tract; thence parallel with said centerline of the main tract, N 0 degrees 02 minutes W, a distance of 155. 5 feet, more or less, to the southwesterly bank of Cache La Poudre River; Thence along said southwesterly bank, S 79 degrees 49 minutes 46 seconds E, a distance of 50. 80 feet, more or less, to a point 100. 0 feet distant easterly, measured at right angles, from said Page 2 of 4 centerline of the main track; thence parallel with said centerline of the main tract, S 0 degrees 02 minutes E. , a distance of 146. 5 feet, more or less, to the True Point of Beginning. The above description was obtained from and contains all that Real Property conveyed to Earnest T. Garner and Marilyn S. Garner, dated January 07, 1992 , , Reception #92000894, in the Office of the Clerk and Recorder, Larimer County, Colorado. EXCEPT FROM THIS CONVEYANCE a tract or parcel of land No. 5 of the Department of Transportation, State of Colorado, Project No. BR- CXBR 287-3 (63) containing 5,764 square feet, more or less, in the NE 1/4 of Section 11, Township 7 North, Range 69 West, of the Sixth Principal Meridian, in Larimer County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the NE corner of Section 11, T7N, R69W, of the 6th P.M. ; Thence S 0 degrees 06 minutes 47 seconds W. , along the east line of the NE 1/4 of Section 11, a distance of 759 . 22 feet; Thence N 89 degrees 56 minutes 35 seconds W. , a distance of 60. 15 feet, to the west Right of Way lind of S.H. 287 (March 1993) , said point being the TRUE POINT OF BEGINNING; 1. Thence N 89 degrees 56 minutes 35 seconds W. , along the south Property line, a distance of 17 . 25 feet; 2 . Thence N 0 degrees 17 minutes 17 seconds E. , a distance of 229. 91 feet; 3 . Thence N 0 degrees 19 minutes 08 seconds E. , a distance of 109 . 62 feet, to the north Property line; 4 . Thence S 79 degrees 44 minutes 02 seconds E. , along said north Property line, a distance of 17. 08 feet, the west Right of Way line of S.H. 287 (March 1993) ; 5. Thence S 0 degrees 13 minutes 30 seconds W. , along said west Right of Way line, a distance of 336 . 50 feet, more or less, to the TRUE POINT OF BEGINNING. The above described Parcel No. 5 contains 5,764 square feet, more or less. Basis of Bearings: All bearings for Parcel 5 of Project BR-CXBR 287-3 (63) are based on a line connecting the NE corner of Section 11, T7N, R69W, 6th P.M. (2" dia. CDOH Brass Cap) and the E 1/4 corner of Section 11, (3" dia. Brass Cap LS #17497) as bearing S 0 degrees 06 minutes 47 seconds W. AND ALSO, Page 3 of 4 PARCEL NO. 6R STA 11+ to STA. 13+ DESCRIPTION A tract or parcel of land No. 6R of the Department of Transportation, State of Colorado, Project No. BR-CXBR 287-3 (63) , in the NW 1/4 of Section 12, Township 7 North, Range 69 West of the Sixth Principal Meridian, in Larimer County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at a point 40 feet east and 157 feet south of the NW corner of Section 12, Township 7 North, Range 69 West, of the 6th P.M. ; thence east 100 feet; thence south 15 feet; thence east 66 feet; south to north bank of Cache La Poudre River, thence in westerly direction along the north bank of said River to a point 86. 4 feet south of point of beginning, thence north to point of beginning, being part of Lot 1 Outside Reservation, City of Fort Collins, Colorado. The above description was obtained from and contains all that Real Property conveyed to David J. Aragon and Mary Joan Aragon, Tenants in Common, in Book 2033 , Page 0303 recorded on December 19, 1980, in the Office of the Clerk and Recorder, Larimer County, Colorado. EXCEPTING FROM THIS CONVEYANCE a tract or parcel of land No. 6 of the Colorado Department of Transportation, State of Colorado, Project No. BR-CXBR 287-3 (63) containing 2 , 914 square feet, more or less, in the NW 1/4 of Section 12 , Township 7 North, Range 69 West, of the 6th P.M. , in Larimer County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at the NW corner of Section 12 , T7N,- R69W, of- thy 6th P.M. ; Thence S- U degrees 06 minutes 47 seconds W. , along the west line of the NW 1/4 of Section 12 , a distance of 157 . 00 feet; Thence S 89 .degrees 53 minutes 18 seconds E. , a distance of 40. 00 feet to the east Right of Way line of S.H. 287 (March 1993) , said point being the TRUE POINT OF BEGINNING; 1. Thence S 89 degrees 53 minutes 18 seconds E. , along the north Property line of that parcel of land described in Book 2033 , Page 303 , a distance of 34. 64 feet; 2 . Thence S 0 degrees 19 minutes 08 seconds W. , a distance of 112 . 65 feet, to a point on the south line of said parcel; 3 . Thence N 66 degrees 36 minutes 13 seconds W. , along said south Property Line, a distance of 3 .25 feet; 4 . Thence N 51 degrees 16 minutes 13 seconds W. , along said south Property Line, a distance of 21. 42 feet, to the east Right of Way line of S.H. 287 (March 1993) ; Page 4 of 4 5. Thence N 0 degrees 13 minutes 20 seconds E. , along said east Right of Way Line, a distance of 43 . 19 feet; 6 . Thence N 89 degrees 46 minutes 40 seconds W. , along said east Right of Way Line, a distance of 15. 00 feet; 7 . Thence N 0 degrees 32 minutes 06 seconds E. , along said east Right of Way Line, a distance of 54 .78 feet, more or less, to the TRUE POINT OF BEGINNING. The above described Parcel No. 6 contains 2 , 914 square feet, more or less. Basis of Bearings: All bearings for Parcel No. 6 are based on a line connecting the NW corner of Section 12 , T7N, R69W of the 6th P.M. (2" dia. CDOH Brass Cap) and the W 1/4 corner of Section 12 , (3" dia. brass cap LS #17497) as bearing S 0 degrees 06 minutes 47 seconds W.