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HomeMy WebLinkAbout059 - 04/15/1997 - VACATING A 30-FOOT UTILITY EASEMENT DEDICATED TO THE CITY FOR THE HARMONY TRANSMISSION MAIN ORDINANCE NO. 59, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A 30-FOOT UTILITY EASEMENT DEDICATED TO THE CITY OF FORT COLLINS FOR THE HARMONY TRANSMISSION MAIN WHEREAS, on December 3, 1996, the City of Fort Collins was granted a 30-foot utility easement from Lawrence Pexton,Lydia Collopy,and Francis Collopy for utilities in Highline Auto's PUD; and WHEREAS, the final plan for the Harmony Road Transmission Main Project required that the 30-foot utility easement instead be located further to the south than the subject easement would allow; and WHEREAS, Lawrence Pexton, Lydia Collopy, and Francis Collopy have granted a new easement to the City of Fort Collins to accommodate the City's needs for the Harmony Transmission Main Project; and WHEREAS, it is necessary and desirable to vacate the portion of the easement that is no longer needed; and WHEREAS, the needs of the City's Utilities' will be accommodated by the new easement agreement granting an easement to the City of Fort Collins; and WHEREAS,the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of the easement previously granted by Lawrence Pexton, Lydia Collopy and Francis Collopy; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City will not materially impair the viability of the utility system as a whole if the property is part of the system and that the sale is in the best interest of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, finding that no impairment of the City's water utility will result therefrom and that such vacation will be in the best interest of the City, the previously dedicated easement more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, be, and the same hereby is, vacated, abated, and abolished. Introduced, considered favorably on First Reading, and ordered published this 1 st day of April, A.D. 1997, and to be presented for final passage on the 15th day of April, A.D. 1997. Mayor 7 �L� N ATT e City Clerk Passed and adopted on final reading this 15th day of April,_I?. 1997. h ayor ATTEST: A., City Clerk EXHIBIT"A" LEGAL DESCRIPTION- 30' UTILITY EASEMENT VACATION- HIGHLINE AUTO'S P.U.D. A Parcel of Land, 30.00 feet in width, being a part of Lot 2, "HIGHLINE AUTO'S P.U.D." a Subdivision recorded in the records of the office of the Larimer County Clerk and Recorder and located in the Southeast Quarter of Section 35, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being described as follows: COMMENCING at the Southeast Corner of the Southeast Quarter of said Section 35 and considering the South line of said Southeast Quarter to bear North 89°52'27" West, with all bearings contained herein relative thereto; thence North 35'23'10" West, a distance of 1224.21 feet to a point on the Westerly right-of-way line of south Mason Street, said line being also the East line of said Lot 2 and the"POINT OF BEGINNING"; thence North 65°21'22" West,a distance of 303.43 feet to the West line of said Lot 2; thence North 01°06'24" East, along said West Line, a distance of 26.93 feet; thence South 65°18'43" East, a distance of 43.64 feet; thence North 01°06'24" East, a distance of 5.83 feet; thence South 65°21'22" East, a distance of 259.24 feet to said Westerly right-of-way line of South Mason Street; thence Southerly along said right-of-way line, South 00°13'44" West, a distance of 32.95 feet to the"POINT OF BEGINNING". The above described tract contains 8,862 square feet, more or less.