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Home My WebLink About105 - 06/16/1998 - AMENDING ORDINANCE NO. 086, 1997 TO VACATE THE EASEMENT AND RIGHT-OF-WAY FOR PUBLIC STREET AS RECORD ORDINANCE NO. 105, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 86, 1997 TO VACATE THE EASEMENT AND RIGHT-OF-WAY FOR PUBLIC STREET AS RECORDED FEBRUARY 9, 1976, IN BOOK 1684 AT PAGE 895 WHEREAS,on December 16, 1997,the City of Fort Collins adopted Ordinance No.86, 1997 vacating a Grant of Easement and Right for Public Street,as recorded in Larimer County records on February 9, 1996, in Book 1684, Page 895; and WHEREAS,Ordinance No. 86, 1997 misidentified the recording information of the Larimer County Recorder's Office; and WHEREAS,Ordinance No.86, 1997 also contained an incorrect description of the easement to be vacated; and WHEREAS, the purposes of this Ordinance are to revise the recording information for the easement to be vacated and to revise the legal description of the easement to be vacated. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Ordinance No. 86, 1997, is hereby amended so that the easement and right-of-way for public street vacated by said ordinance shall be that certain Grant of Easement and Right for Public Street recorded February 9, 1976, in Book 1684 at Page 895. Section 2. That Ordinance No. 86, 1997, is hereby further amended so as to substitute the legal description contained in Exhibit"A"attached hereto and incorporated by this reference,for the legal description contained in Exhibit"A" attached to said Ordinance. Section 3. That Ordinance No. 86, 1997, shall remain in full force and effect except as amended hereby. Introduced,considered favorably on first reading,and ordered published this 2nd day o J e, 1998, and to be presented for final passage on the 16th day of Jlyle-'Ap. 1998. Mayor ATTEST: amL L A�rh City Clerk Passed and adopted on final reading this 16th day of June, 1998. Mayor Pre t`an ATTEST: a " . City Clerk F,1; is84 Fc0895 Exhibit "A" h"ord*a 9eeeption Na. �4�-I��,�Jyees M. haelpsw GRANT OF EASEMENT AND RIGHT FOR PUBLIC STREET THIS AGREEMENT, made and entered into this 15th day of December, 1975, by and between THE COLORADO AND SOUTHERN RAILWAY COMPANY, a corporation of Colorado, hereinafter called the "Grantor", and CITY OF FORT COLLINS, a municipal corporation of the State of Colorado, here- inafter called the "Grantee". IN CONSIDERATION of the sum of One Hundred Fifty and No/100 Dollars ($150.00) to it in hand paid by the Grantee, and of other valuable consideration, the Grantor does hereby grant unto the Grantee a permanent right, privilege, and easement to construct, maintain, repair, and use for roadway and park purposes over and across the following described property located in the City of Fort Collins, to-wit: Four tracts of land situate in the Northeast 1/4 of Section 11, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Lorimer, State of Colorado, being more particularly described as follows: Considering the West line of said Northeast 1/4 as bearing N.0014110" W., and with all bearings contained herein relative thereto; Tract "A" Beginning at a point on the East right-of-way line of North Sherwood Street which bears S 45°58'05" E., 837.89 feet from the North 1/4 corner of said Section 11; thence N 89°45150" E., 406.40 feet; thence S 46°06'21" E., 378.06 feet; thence S 66004'08" E., 486.49 feet; thence S 69014'46" E., 190.75 feet; thence S 50022110" 11., 131.60 feet; thence S 68052'43" E., 160.25 feet; thence S 88°21'46" E., 181.52 feet; thence S 58026'27" W., 125.01 feet; thence S 37°55'18" E., 44.23 feet, more or less, to a point which is 20 feet North of the center- line of the Colorado and Southern tracks; thence S 72°04124" IV., 134.98 feet to another point 20 feet North of said tracks; thence S 87°51138" W., 123.00 feet to another point 20 feet North of said tracks; thence N 18032'38" E., 127.43 feet; thence N 66000158" W., 224.59 feet; thence N 62005'31" W., 229.94 feet, more or less, to a point 18S.00 feet Northeasterly of the centerline of the main track of the Colorado and Southern Railway; thence N 65*16143" W., parallel to and 185.00 feet Northeasterly of said centerline 1140.00 feet, more or less, to the East right-of-way line of North Sherwood Street; thence along said right-of-way line N 0014110" W., 22.22 feet, more or less, to the point of beginning. SUBJECT TO all rights-of-way, ease- ments or restrictions as now in use or on record. Said tract contains 4.256 acres, more or less, gross. Tract "B" Beginning at a point which bears S 15010'20" W., 1433.05 feet from the Northeast corner of said Section 11, said point being 20 feet South of the centerline of the Colorado and Southern tracks; thence S 36029'23" IV. , 37.70 feet, more or less, to the North right-of-way of Cherry Street; thence along said right-of- way S 89045150" W., 63.91 feet to a point which bears N 89045'50" E., 73.49 feet from the Southwest corner of Block 24, said City of Fort Collins; said point also being 20 feet South of the centerline of said railroad tracks; thence N 70°29'48" E., rn 91.58 feet, more or less, to the point of beginning. SUBJECT co TO all rights-of-way, easements or restrictions as now in use C- ca or on record. Said tract contains 0.022 acres, more or less, gross. c� c_'7 C. rD CJ "'� ' buli 'GO895 Tact "C" Beginning at a point which bears S 10°00148" IV., 1130.90 feet from the Northeast corner of said Section 11, said point also being 40 feet {Nest of the centerline of the Union Pacific tracks; thence S 0012'31" 1i., parallel to said tracks 74.97 feet; thence S 63°29144" IV. , 65.00 feet to a point which bears N 45046'13" W., 278.62 feet. from the Southeast corner of Block 24 of said City of Fort Collins; thence N 0030114" E., 103.77 feet; thence N 89°47'19" E., 56.98 feet, more or less, to the point of beginning. SUBJECT TO all rights-of-way, easements or re- strictions as now in use or on record. Said tract contains 0.118 acres, more or less, gross. Tract "D" Beginning at a point on the East line of Block 24, said City of Fort Collins, which bears S 2043110" W., 1177.41 feet from the Northeast corner of said Section 11; thence along said East line S 0°14'10" F., 110.29 feet to a point which bears N 0014110" W., 125.63 feet from the Southeast corner of said Block 24; thence N 67040'12" IV., 85.32 feet to a point 20 feet East of the centerline of the Union Pacific tracks; thence N 2046'14" W., 25.09 feet to another point which is 20 feet East of said centerline; thence N 56027'S1" E., 95.60 feet, more or less, to the point of beginning. SUBJECT TO all rights-of- way, easements or restrictions as now in use or on record. Said tract contains 0.12> acres, more or less, gross, for roadway and park purposes, it being expressly understood and agreed that the rights herein granted arc limited to the surface of said premises solely for such purpose, and for the necessary drainage facilities in con- nection therewith; and the Grantor reserves unto itself, its successors and assigns, the right to maintain, repair, renew, use, and operate all the railroad tracks on and across said premises, and also the right to install, maintain, use, and operate over said premises additional railroad tracks, and also the right to install, maintain, use, and operate, and to grant to others the right to install, maintain, use, and operate wires and cables, together with poles and other structures supporting the same, above the surface of said premises, and pipes, conduits, drainage facilities, and other structures, under said surface, whenever the same can be accomplished and done without interference kith the use of said premises by the Grantee for the purpose hereinbefore stated. The Grantee further agrees it will in- stall and maintain locked gates i,here roadways give access to said premises near Sherwood and Cherry Streets. It is further understood and agreed that the Grantor shall not now or later be subjected to any assessment or assessments for the costs of any improvement or other work constructed on or about said premises or connected therewith. In the event that the above-described premises shall be abandoned or cease to be used for roadway and park purposes, the rights hereby con- veyed and granted by this instrument shall immediately cease and determine, and the Grantee shall thereupon surrender the possession of said premises unto the Grantor, its successors and assigns. IN WITNESS WHEREOF, The Colorado and Southern Railway Company has executed this agreement thls 1 th day of December, 1975. (Cis � ? , THE COLORADO AND SOUTHERN RAILWAY -'AEti4;.tr i COMPANY By ecretary - President ---- � Approved as to Form; i Law Department Approved: , Real Estate and Industrial Developmen Department E/ga�iiceri D artment Accounting Dopaf tent STATE OF COLORADO ) City and County ) ss. of Denver ) The foregoing instrument was acknowledged before me this I5th day of December, 11)75, by G. F. Defiel and W. P. Healy, respectively, the President and Secretary of The Colorado and Southern Railway Company, a Colorado corpu ration. My commission expires September 23, 1978. Witness my hand and of-icial seal. - Notary Public -3- d i `• `51 III �✓/ /I I / �,1 ' �� 1\ .e % 'J r ♦ •� PI Beg 9x.Tm'r4p {�t • t�..`` X�l • t U1 P / 1 - 4 > I Z: Q� m Z. 1 V. y R gJ� tb O i PS V a 1 F•ef vod�SLc-- 1 � �••' ti may:?; �r a � x n sr 9 t -. „y b'^ � �• 4+! p a �•� R `�t U Y �P Gn 1y� P 1p t 3 2 IV o i