HomeMy WebLinkAbout106 - 07/06/1999 - AUTHORIZING THE MAYOR TO EXECUTE A DEED GRANTING A PUBLIC ACCESS EASEMENT TO FETCO II, LLC ORDINANCE NO. 106, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A DEED
GRANTING A PUBLIC ACCESS EASEMENT TO FETCO, LLC
WHEREAS,the City of Fort Collins is the owner of real property located in Larimer County,
Colorado, known as Tract E, Shenandoah P.U.D. First Filing ("Property"); and
WHEREAS,Fetco,LLC wishes to acquire a public access easement,which easement is more
particularly described on Exhibit "A" attached hereto and incorporated by reference, upon and
through the property to provide vehicular access to Fossil Creek Nursery PUD, off of Strasburg
Drive; 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 is in the best
interest of the City of Fort Collins; and
WHEREAS,the Engineering Department has recommended approval of the granting of the
public access easement.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the aforesaid easement upon and through the Property
is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute a Deed of Easement
conveying a public access easement as more particularly described in Exhibit"A" attached to Fetco,
LLC.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, 1999, A.D. and to be presented for final passage on the 6th day of JWY; 1999, A.D.
Mavor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of July, 1999,99 Ate.
Mayor
ATTEST:
City Clerk ,
EXHIBIT "A"
PUBLIC ACCESS EASEMENT
THE CITY OF FORT COLLINS,COLORADO,a Municipal Corporation,hereinafter
referred to as the "Grantor", for and in consideration of Ten Dollars and other good and valuable
consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto
Fetco,LLC,hereinafter referred to as the"Grantee",whose address is 7029 South College Avenue,
Fort Collins, Colorado, its successors, assigns, lessees, licensees and agents a non-exclusive,
perpetual easement for public access as described on Exhibit "A" attached hereto and by this
reference made a part hereof.
The Grantor hereby reserves unto itself, for public use shared and concurrent with the use
authorized and granted herein to the Grantee, the public access easement described in the above
paragraph of this Deed of Easement,which public use may include all uses and activities authorized
and granted to the Grantee hereby.
Grantee shall be responsible for all damages caused to Grantor or Grantor's property arising
from the Grantee's exercise of the rights herein granted. Grantee agrees to indemnify and hold
Grantor harmless from any claim, loss or damage, including reasonable attorney's fees, arising out
of or in any way associated with Grantee's use of the easement. In addition, the Grantee shall not
exercise any rights herein granted that shall interfere,hinder or in any way disrupt the Grantor's use
of Grantor's property. The Grantor reserves the right to occupy and use said easement for all
purposes not inconsistent with the rights herein granted. The rights, conditions and provisions of
this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators,
successors and assigns of the respective parties hereto_
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed by its
Mayor, attested to by its City Clerk, and its corporate seal to be hereunto affixed on the�day of
�, 1999; and the Grantee has hereunto set their hand and seal the day and year first above
written.
GRANTOR: CITY OF FORT COLLINS, COLORADO, a
Municipal Corporati3O
By:
Mayor
TTEST:
City Clerk `
APPROVED AS TO FORM:
S
Deputy City Attorney
GRANTEE: Fetco, LLC
By:
Print Name Print Title
_ STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
1999, by as of Fetco, LLC.
Witness my hand and official seal.
My Commission expires:
Notary Public
2
EXHIBIT"A"
Sheet 1 of 2
PUBLIC ACCESS EASEMENT
SHENANDOAH P.U.D., FIRST FILING
That portion of the East Half of Section 14, Township 6 North, Range 69 West of the 6' P.M.,
Larimer County, Colorado, described as follows:
Considering the East line of the Northeast Quarter of said Section 14 as bearing South 00' 14'
29" East and with all bearings contained herein relative thereto.
Commencing at the Northeast Corner of said Section 14; Thence along the East line of the
Northeast Quarter of Section 14 South 00' 14' 29" East, a distance of 1721.85 feet; thence South
88° 36' 09" West, a distance of 650.28 feet to a point on Easterly boundary of SHENANDOAH
P.U.D., FIRST FILING, monumented by a#4 rebar with plastic cap, L.S. #17662; thence
continuing along the Easterly boundary of SHENANDOAH P.U.D., FIRST FILING the
following three (3) courses and distances:
1) South 88' 36' 09" West, a distance of 70.12 feet;
2) South 00' 45' 3 3" West, a distance of 319.82 feet;
3) South 03° 38' 36" West, a distance of 212.40 feet
to the True Point of Beginning; thence leaving said Easterly boundary North 86°20' 0 1" West, a
distance of 24.89 feet to a point on the Easterly right-of-way of Strasburg Drive, said point also
being a point of cusp on a curve concave to the west having a radius of 327.00 feet and a central
angle of 5° 19' 42" and being subtended by a chord which bears South 05 037' 57" East 30.40
feet; thence southerly along said curve and said right-of-way, a distance of 30.41 feet; thence
leaving said Easterly right-of-way of Strasburg Drive South 86' 20' 0 1" East, a distance of 19.99
feet to a point on the Easterly boundary of said SHENANDOAH P.U.D., FIRST FILING, thence
Northerly along said Easterly boundary North 03° 39' 59" East, a distance of 13.37 feet; thence
North 03° 38' 36" East, a distance of 16.63 feet to the True Point of Beginning. Containing
653.00 square feet, more or less.
Exhibit A
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