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HomeMy WebLinkAbout068 - 06/06/1995 - AMENDING ORDINANCE NO. 179, 1994 TO CORRECT LEGAL DESCRIPTION OF TRACT A ORDINANCE NO. 68, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 179, 1994,TO CORRECT THE LEGAL DESCRIPTION OF "TRACT A" DESCRIBED IN ORDINANCE NO. 179, 1994 WHEREAS, on December 20, 1994, Fort Collins City Council (the "Council") adopted on second reading Ordinance No. 179, 1994 ("Ordinance No. 179, 1994"), authorizing the sale of certain real property to the Boxelder Sanitation District(the "District"); and WHEREAS,pursuant to Ordinance No. 179, 1994 the Council authorized the sale of a parcel of real properly identified in the Ordinance as "Tract A" and legally described on Exhibit "A" of Ordinance No. 179; and WHEREAS,Ordinance No. 179, 1994 provides that Tract A is to be conveyed to the District for monetary consideration and subject to certain contingencies; and WHEREAS, since the adoption of Ordinance No. 179, 1994 it has been discovered that the legal-description-of Tract-A-as-set-forth-on-Exhibit-A-of Ordinance No. 179-1994-isinaccurate and- needs to be corrected; and WHEREAS,the corrected legal description for Tract A is attached hereto as Exhibit "A" and incorporated herein by this reference (the "New Legal Description"); and WHEREAS, the New Legal Description includes approximately 7,245 square feet of land owned by the City that was not described in the legal description of Tract A set forth on Exhibit A of Ordinance No. 179, 1994; and WHEREAS, since the New Legal Description describes a portion of the City land which was not previously approved by Council for conveyance by the City to the District in Ordinance No. 179, 1994 Ordinance No. 179, 1994 needs to be amended to delete the legal description shown on Exhibit A of Ordinance No. 179, 1994 and replace it with the New Legal Description; and WHEREAS,Sec.23-111 of the City Code authorizes the Council to sell,convey or otherwise dispose of any and all interests in real property owned by the City which is part of the City's wastewater utility system, provided that the Council finds, with respect to such sale or other disposition, that: (1) it is in the best interests of the City; (2) it will not materially impair the viability of the wastewater utility system as a whole; and(3) 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 Ordinance No. 179, 1994 is hereby amended by the substitution of the New Legal Description for the legal description of Tract A as originally set forth on Exhibit A of Ordinance No. 179, 1994. Section 2. That the Council hereby finds that the City's disposition of Tract A as described in the New Legal Description pursuant to the provisions and conditions set forth in Ordinance No. 179, 1994 is in the best interests of the City, will not materially impair the viability of the wastewater utility system as a whole, and will be for the benefit of the citizens of the City. Section 3. That all other provisions and conditions of the Ordinance No. 179, 1994 shall remain unchanged and in full force and effect. Introduced, considered favorably on first reading, and ordered published this 16th day of May, A.D., 1995, and to be presented for fin b day of June, A.D. 995. J r' Mayor �( ATTEST: LL—�b City Clerk Passed and adopted on final reading this 6th da June, A ., 1995. i ayor ATTEST: City Clerk FT .COLLINS CITY ATTY . TEL : 9702216327 Apr 26 95 14 : 04 No .006 P .02 N O�1 ? 3.f3' NND J N m£ 9'0 N 00•E ]K 44» 19 " O .� d m G O "' z 6 , F,z 0 i w u A m K m y 4 mg 2 Z N� z R, Z S n N W M Exhibit A "LEGAL DESCRIPTION TRACT A" A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, being more particularly described as follows : Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast Quarter of Said Section 28 to bear North 89017/00/1 West with all bearings contained herein relative thereto; Thence along the North line of the Northeast Quarter of Said Section 28 , North 89017/00/1 West, a distance of 865 . 22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception #894647 of the Larimer County records . Thence South 60048/ 40/1 West, a distance of 306 . 09 feet to the True Point of Beginning; Thence continuing along Said line , South 60048/40/1 West, a distance of 849 . 18 feet to the West line of that certain parcel of land described in Book 2007 at Page 7 of the Larimer County Records; Thence along Said line the following two courses: 1) North 02006'00" East, a distance of 43 . 73 feet; 2 ) North 19008 /00/1 West, a distance of 203 . 33 feet; Thence continuing along the projection of Said line North 19008 /00/, West, a distance of 14 . 24 feet to the South line of that certain parcel of land described under Reception #86076253 of the Larimer County Records; Thencl. along the South and East line of Said parcel the following three courses: 1) South 70030107" East, measured (South 69049 /10/1 East Deed) a distance of 43 . 62 feet Deed and measured; 2) South 88050105" East, measured (South 88009108" East Deed) a distance of 103 . 97 feet Deed and measured; 3) North 00029/03/1 East, measured (North 01000/00/1 East Deed) a distance of 190 .74 feet; Thence South 89012 /30/1 East, a distance of 664 . 45 feet to the True Point of Beginning. Said parcel of land contains 3 . 4213 acres more or less and is subject to any easements or rights-of-way of record or that may now currently exist on Said parcel of land. I , Kevin King, a duly registered land surveyor in the State of Colorado, do hereby certify that this description was prepared by me or under my direct supervision and is true and correct to the best of y belies and knowledge. Kevi King. Date LS #20685 MRRERId 3-13-95 A:9205R—A.LEG