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HomeMy WebLinkAbout140 - 09/01/1998 - AUTHORIZING THE GRANT OF A NON-EXCLUSIVE ACCESS EASEMENT TO AMELIA WALSH ALLOWING ACCESS ACROSS MEAD ORDINANCE NO. 140, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE ACCESS EASEMENT TO AMELIA J. WALSH ALLOWING ACCESS ACROSS MEADOW SPRINGS RANCH WHEREAS,the City of Fort Collins Water,Wastewater and Stormwater Utility is the owner of the property known as Meadow Springs Ranch in Larimer County,Colorado(hereinafter referred to as the "Ranch"); and WHEREAS,Amelia J. Walsh purchased property that is landlocked by the Ranch,and has requested a 1.57 acre non-exclusive access easement interest across the Ranch property as described on Exhibit"A"on file in the office of the City Clerk, and incorporated herein by this reference(the "Property"); and WHEREAS, the terms and conditions of the easement protect the Ranch by preventing commercial development and limiting residential development of the Property to two residential houses, and the uses specified therein; and WHEREAS,the easement value is $435 based on the fair market value of the Property;and WHEREAS, City staff has determined that the easement will not have a detrimental impact on the City's utilities; 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 a City utility, 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 that particular utility system as a whole 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 as follows: Section 1. That the above described sale and conveyance of a non-exclusive access easement interest over the Property will not materially impair the viability of the utility system as a whole, and is in the best interest of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to execute an Easement Agreement conveying to Amelia Walsh a non-exclusive access easement over the Property, as described on Exhibit"A",along with such other provisions as the City Manager,in consultation with the City Attorney, deems appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 18th day of August, A.D. 1998, and to be presented for final passage on the of September 1998. i Mayor ATTEST: City Clerk Passed and adopted on final reading this 1 st day of September, A.D. 1998. M or y r_' ATTEST: City Clerk Exhibit A ZMENENT DESCRIPTION A portion of the South Half of the Southeast Quarter (SkSE)-,) of Section 26, Township 11 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, more particularly described as follows: Beginning at the northeast corner of the SW;SE; of said Section 26; thO,nce N.89943113"W. , along the north line of said SW;jsEh, a distance of 250. 00 feet; thence S.00009 '03"W. , a distance of 250.00 fast; thence S.89043 ,13"E. , a distance of 237 feet more or less to the westerly right-of-way line of County Road No. 87; thence northeasterly along said right-of-way line, a distance of 260 feet more or lees to the north line of said St,SE;; thence N.89043113"W. , along said north line, a distance of 60 feet more or less to the point of beginning. Containing 1.57 acres more or less. TOTAL P.02