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HomeMy WebLinkAbout133 - 08/17/1999 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR PARKING TO CSU IN CONNECTION WITH THE ENV ORDINANCE NO. 133, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR PARKING TO COLORADO STATE UNIVERSITY THROUGH THE STATE BOARD OF AGRICULTURE IN CONNECTION WITH THE ENVIRONMENTAL LEARNING CENTER/VISITORS CENTER PROJECT WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located in Larimer County, Colorado, known as the Resource Recovery Farm; and WHEREAS, Colorado State University ("CSU"), through the State Board of Agriculture, wishes to acquire a non-exclusive easement under and through a portion of the Resource Recovery Farm as described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Easement"), for the construction and maintenance of a parking lot for parking and access in connection with the Environmental Learning CenterNisitors Center Project to be constructed on adjacent CSU property (the "Project"); and WHEREAS,staff believes thatthe fair market value of the Easement will be more than offset by the benefits to be enjoyed by the City as a result of the Project, and recommends that no further compensation be required in exchange for the grant of the Easement; and WHEREAS,Section 23-111(a)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 other disposition of real property owned by the City is in the best interest of the City of Fort Collins; and WHEREAS, Section 23-111(b) provides that with respect to real property which is part of the City's Utility Systems the City Council must also find that the lease of the property will not materially impair viability of the particular utility system as a whole, and that it will be for the benefit of the citizens of the City; and WHEREAS, the Resource Recovery Farm is currently part of the City's utility system. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement to the CSU through the Board of Agriculture pursuant to the terms of this Ordinance is in the best interests of the City, and will not materially impair the viability all or any portion of the City's utility system. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary to convey the Easement interest to CSU through the Board of Agriculture upon the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 3rd day of August, A.D. 1999, and to be presented for final passage on the 17th day of August, A.D. 1999. Mayor - ATTEST: 4 City Clerk 1-2Eypt . Passed and adopted on final reading this 17th day of August, A.D. 1999. w Mayor TTEST: �L&'*tlA City Clerk EXHIBIT A Legal Description An access easement situate in the Northeast quarter of Section 21, Township 7 North, Range 68 West, of the 61h P.M., County of Lahmer, State of Colorado, being more particularly described as follows: Considering the North line of-the Northeast quarter of said Section 21, as bearing South 88013'20" East, and with all bearings contained herein relative thereto: Commencing at the North quarter corner of said Section 21; thence along said North fine of the Northeast quarter, South 88°13'20" East 709.35 feet: thence South 00023'55"West 30.01 feet to the Northeast corner of that certain parcel of land as described in Reception No. 96022167, as recorded in the office of the Clerk and Recorder of said County; thence along the West line of said parcel as described in Reception No. 96022167, South 00023'55"West 498.76 feet to the Southwest corner of said parcel; thence along the South line of said parcel, North 88°34'00" East 105.58 feet to the TRUE POINT OF BEGINNING of this description; thence South 00024'21" West 267.02 feet; thence North 88°34'00" East 328,08 feet: thence North 00023'33" East 266.65 feet to a point on the South line of said certain parcel as described in Reception No. 96022167; thence along said South line, South 88034'00"West 328.08 feet to the point of beginning. The above describe easement contains 2.01 acres, and is subject to all rights-of-way, easements and restrictions now in use or on record.