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HomeMy WebLinkAbout106 - 06/19/2001 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE SEWER EASEMENT TO FLOYD E. AND GLORIA M. FRAME IN CONN ORDINANCE NO. 106, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE SEWER EASEMENT TO FLOYD E. FRAME AND GLORIA M. FRAME IN CONNECTION WITH THE SOUTH TAFT HILL PROJECTS WHEREAS, the City of Fort Collins Utility (the "Utility") is the owner of Lots 4 and 5, Heinemann's Spring Creek Subdivision, Larimer County, Colorado (hereinafter referred to as the "Property"); and WHEREAS,the Utility is offering sewer service lines to property owners in connection with the South Taft Hill Projects(the"Project")construction to minimize future sewer installation in the project improvements; and WHEREAS,Floyd E. Frame and Gloria M. Frame have requested a sewer easement across the Property for installing a sewer line, which is legally described on Exhibit"A", attached hereto and incorporated herein by this reference; and WHEREAS,the $600 easement value is part of the consideration for the City's acquisition of a portion of the Frame property that is needed for the Project, which property will be conveyed to the Utility by the Frames; 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 as follows: Section 1. That the above described conveyance of the Easement will not materially impair the viability of the Utility as a whole,will be for the benefit of the City's citizens and that it is in the best interests of the City. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary to convey the Easement interest to Floyd E. Frame and Gloria M. Frame in exchange for property to be conveyed to the Utility for the Project,upon the term and conditions described above. Introduced,considered favorably on first reading,and ordered published this 5th day of June, A.D. 2001, and to be presented for final passage on the 19th day of Jung,A.D. 2001. P Mayor ATTEST: OLUL LA Z.A. City Clerk Passed and adopted on final reading this 19th day of June, A.D. 2001. Mayor Pro T�A ATTEST: City Clerk , EXHIBIT "A" DESCRIPTION OF A PRIVATE UTILITY EASEMENT LOCATED ON THE CITY OF FORT COLLINS PROPERTY A Private Utility Easement located in the Northeast quarter of Section 28,Township 7 North,Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Lots 4 and 5, Heinemann's Spring Creek Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County, the said easement is also located in that certain tract of land described in a Warranty Deed recorded May 20, 1991 at Reception No. 91021401 records of the said Clerk and Recorder, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 28 as bearing South 00 degrees 01 minutes 16 seconds West between a 2.5"Aluminum Cap Monument at the northeast corner and a 2" Aluminum Cap Monument at the east quarter corner of Section 28, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 28; THENCE along the east line of the said northeast quarter, South 00 degrees 01 minutes 16 seconds West for a distance of 330.01 feet to the easterly prolongation of the north line of the said Lot 4 Heinemann's Spring Creek Subdivision; THENCE along the said easterly prolongation,South 88 degrees 41 minutes 51 seconds West for a distance of 30.01 feet to the northeast corner of the said Lot 4; THENCE along the said north line of Lot 4, South 88 degrees 41 minutes 51 seconds West for a distance of 65.81 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said north line,South 88 degrees 41 minutes 51 seconds West for a distance of 10.33 feet; THENCE leaving the said north line, South 13 degrees 13 minutes 01 seconds West for a distance of 109.14 feet more or less to the centerline of an existing underground sanitary sewer main; THENCE along the said centerline, North 89 degrees 48 minutes 50 seconds East for a\ distance of 10.28 feet; THENCE leaving the said centerline, North 13 degrees 13 minutes 01 seconds East for a distance of 109.35 feet to the point of beginning. Containing 1093 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge,belief and opinion.The description is based upon previously recorded plats and deeds and not upon a actual field survey.