HomeMy WebLinkAbout007 - 01/19/1999 - AUTHORIZING CONVEYANCE OF 645 SQUARE FEET OF LAND TO DOYLE DUIN TO CORRECT AN ERRONEOUS CONVEYANCE T ORDINANCE NO. 7, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF 645 SQUARE FEET OF LAND
TO DOYLE DUIN, TO CORRECT AN ERRONEOUS CONVEYANCE
TO THE CITY AS PART OF ITS TIMBERLINE ROAD AND DRY CREEK
CHANNEL RIGHT OF WAY
WHEREAS, in May, 1998, the City of Fort Collins obtained from Doyle Duin title to a
certain parcel of real property required by the City for its construction of the Timberline Road
Extension and Dry Creek Channel Improvements; and
WHEREAS,subsequent review of the survey and legal description for the property obtained
by the City and the adjacent property retained by Doyle Duin has revealed that an error was made
in the preparation of the legal description of the land when the same was conveyed to the City; and
WHEREAS, in order to allow Doyle Duin to convey his remaining property free of title
defects and encumbrances not intended at the time of the City's acquisition, a quitclaim deed from
the City to Doyle Duin conveying back the 645 square feet erroneously included in the original
conveyance will be necessary; and
WHEREAS, City staff has determined that the conveyance of the 645 square feet will not
have a detrimental impact on the City, and will be consistent with the originally intended
conveyance, and staff recommends the approval of the conveyance of that property; and
WHEREAS, the 645 square feet was purchased at least in part for the use of the City
Stormwater Utility; 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 for use by a City Utility,
provided the Council first finds by ordinance that any sale or other disposition of real property will
not materially impair the viability of the utility system as a whole, and that the proposed action 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 that 645 square feet more particularly
described on Exhibit "A", on file in the office of the City Clerk, will not impair the viability of the
City stormwater utility as a whole, and is in the best interests of the City of Fort Collins.
Section 2. That the City Manager is authorized to execute such documents as may be
necessary and appropriate to convey the 645 square feet described on Exhibit "A" to Doyle Duin.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 1999, and to be presented for final passage on the 19t Hof Janu 1 99.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of Jan ry, A tb. 1999.
Mayor ��-
ATTEST:
City Clerk