HomeMy WebLinkAbout086 - 06/17/1997 - VACATING A GRANT OF EASEMENT AND RIGHT-OF-WAY ORDINANCE NO. 86, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A GRANT OF EASEMENT AND RIGHT OF WAY
WHEREAS, the Wonderland Development Corporation ("Wonderland") is proposing to
build a housing development on land adjacent to and south of Lee Martinez Park (the "Property");
and
WHEREAS,the City has been working with the Lee Martinez Neighborhood Association,
Wonderland, and the Downtown Development Authority to facilitate the development of the
Property in a manner that is supported by the neighborhood; and
WHEREAS, the Agreement of Purchase and Sale of Real Property between the City and
Wonderland (the "Purchase Agreement"), by which the City intends to acquire 1.872 acres of land
adjacent to Lee Martinez Park for use as an addition to the park(the"Park Addition"), is contingent
upon the vacation of an Easement and Right-of-Way for Public Street,as recorded in Larimer County
Records on February 9, 1996, in Book 1684, Page 895 (the "Easement"); and
WHEREAS, the Purchase Agreement is further contingent upon the dedication of an
easement across over .578 acres of the Property to the City by Wonderland at the time the City
purchases the Park Addition; and
WHEREAS,the vacation of the Easement and the acceptance of the dedication would realign
the boundary between the Wonderland development and the park in a manner that better utilizes
these properties for the park and for the development; and
WHEREAS,the Cultural,Library, and Recreational Services Department has recommended
approval of this vacation and acceptance of the dedication; and
WHEREAS, the rights of the residents of the city of Fort Collins will not be prejudiced or
injured by the vacation of said Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, upon the purchase of the Park Addition by the City, the Easement as more
particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, and
which is on file in the office of the City Clerk, shall be vacated, abated, and abolished.
Introduced,considered favorably on first reading,and ordered pubLisheNdthis 3rd da e,
A.D. 1997, and to be presented for final passage on the 17th day of ne, 1997
Mayor
ATTEST:
In�a
City Clerk
Passed and adopted on final reading this 17th day of June A.D. 1997.
Mayor Pro Tom
ATTEST:
City Clerk
EXHIBIT A
A tract of land being portions of Blocks 34 and 45, City of Fort Collins,
located in the Northeast Quarter of Section 11, Township 7 North, Range 69
West of the 6th Principal Meridian, being more particularly described as
follows:
Considering the East line of the Northeast Quarter of said Section 11 as
bearing South 00*06114• West, from a Braes Cap at the Northeast corner of
said section 11 to a Brass Cap at the East Quarter corner of said Section 11
and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section 11; thence along said East
line, South 00'06'14• West 1107.06 feet; thence, North 89'53'46• West
260.00 feet; thence South 00'06'14' West, 132.07 feet; thence North 88'031220
West, 236.46 feet; thence, North 68'34'190 West, 160.25 feet; thence North
5D'03'460 West, 131.60 feet to the POINT OF BBGINNING; thence, North
86*41120• West, 179.00 feet; thence, North 63'38.520 West, 404.17 feet;
thence, North 45'47'57' West, 112.62 feet; thence, South 65'45'44' East
486.49 feet;thence, South 68*56122• Bast, 190.75 feet to the Point of
Beginning.