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HomeMy WebLinkAbout003 - 01/18/2000 - MODIFYING THE DESCRIPTION OF A PREVIOUSLY AUTHORIZED EASEMENT CONVEYANCE TO CHARLES R. AND CONNIE L. ORDINANCE NO. 3, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS MODIFYING THE DESCRIPTION OF A PREVIOUSLY AUTHORIZED EASEMENT CONVEYANCE TO CHARLES R. NAUTA AND CONNIE L. NAUTA WHEREAS, on or about September 15, 1993, Charles R. Nauta and Connie L. Nauta(the "Nautas")filed Civil Action No. 93 CV 629-2 in the Larimer County District Court(the"Lawsuit") against the City of Fort Collins ("the City"); and WHEREAS,the Nautas alleged in the Lawsuit that the City had interfered with the flow of water through certain underground drains located under the City's Utility Service Center located at 700 Wood Street(the "City's Property"); and WHEREAS, on April 6, 1995,the City and the Nautas entered in a"Release and Settlement Agreement,"a copy of which is on file in the office of the City Clerk(the"Settlement Agreement"), in order to settle and compromise the claims asserted by the Nautas against the City in the Lawsuit pertaining to the alleged interference with the Nautas' underground water; and WHEREAS, pursuant to the Settlement Agreement the City agreed to construct certain improvements to attempt to replenish the Nautas' underground water flows that the City had allegedly interfered with; and WHEREAS, the City and the Nautas also agreed in the Settlement Agreement that upon completion of the construction of such improvements by the City that the City would grant to the Nautas new,separate easements for each of the two underground drains that would continue to cross through the City's Property (the "Nauta Easement" and the "Griffin Easement"); and WHEREAS, on June 3, 1997, through the adoption of Ordinance No. 79, 1997, the City Council approved the Settlement Agreement;found that the conveyance of the Nauta Easement and the Griffin Easement to the Nautas was in the best interests of the City; found that the conveyance of those easements would not materially impair the viability of the City's water utility system as a whole and that it would be beneficial to the citizens of the City; and approved the conveyance of the easements as described on Exhibits "A" and"B"to Ordinance No. 79, 1997; and WHEREAS,the easements have not yet been conveyed to the Nautas,primarily because the legal description for the Griffin Easement omitted a portion of the City's property that was encumbered by a railroad right-of-way; and WHEREAS, the City has recently acquired that right-of-way and is now in a position to include the property previously encumbered by the right-of-way to the Nautas as part of the legal description of the Griffin Easement; and WHEREAS, it is necessary for the City Council to approve the revised description of the Griffin Easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Mayor is hereby authorized to execute such instruments of conveyance as are necessary for the City to convey to the Nautas, pursuant to the terms of the Settlement Agreement, the Nauta Drain Easement and the Griffin Drain Easement, as described on Exhibits "A"and"B", respectively, attached hereto and incorporated herein by this reference, and that the description of the Griffin Easement appearing on Exhibit`B"hereto shall be substituted for, and shall supercede, the description of the same which was attached as Exhibit"B"to Ordinance No. 79, 1997. Introduced, considered favorably on first reading, and ordered published this 4th day of January, A.D. 2000, and to be presented for final passage on the 18th day of January, A.D. 2000. Mayor ATTEST: 0 City Clerk Passed and adopted on final reading this 18th day of January, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT "A" (NAUTA DRAIN EASEMENT) ISOM. Engineering Consultants 209 S.Meldnrm Fort Collins,Color ado 80521 303/482.5922 FAX:3031482 636r DESCRIPTION FOR NAUTA DRAIN. EASEMENT: A drainage easement being a portion of City of Fort Collins Service Center P.U.U. located in the Southwest Quarter of Section 2, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of La.rimer, State of Colorado, being more particularly descr.ihed as follows: Considering the, Northerly line of said City of Fort Collins Service Cent.e.r P.U.D. as hear:my South 6601612211 East and with all bearings C011t.=ci.ried herein relative thereto: Ccxnrmc�nc;.irig nt the Northwest corner of said City of Fort Collins Ser�•ice (tenter' P.U. U. ; thence along the Northerly line of said City of Fort. Col) :ins Se'rvir_e Center P.U.U. , South 6603.6122" East, 31.6. 75 feet. to 't.he POINT OF' BEGINNING; thence continuing along said l;ortirerlti line, South 66016122" East, 21 . 62 feet; thence departing silica NorthF.r.ly lino, Sough 0102.214211 West, 28 . 07 feet; thence, South 1701711711 Eeif;t, 83 . 33 f_eF:t; thence, South 721421431r West, 20. 00 feat; thence, North 170171 'L711 11c.r;t'., 9 . 55 feet; thence, South li: °10' S7r' Fast, 30. 94 fe?et; thence, South 87049103" West, 20 . 00 ae t; thee-c.•e? Nort;i 02°1Ur57" West:, 89 . 80 feet; thence, South 60°0213P." West, 23 . 25 feet; thence, North 2905712.5" West, 20 . 00 fe.F;t:; thence, No'r_ti- 6000213511 East, 34 . 2.0 feet; thence, North 01*2214 " East., 32 . :'12 feet to the Point Of Beginning. Tb' i r.bove d.es:c;ribed drainage easement contains 4 , 307 square feet an,! 'is subject to all ea.,emerits and rights-of-way now on record or eiisting. 06/26/95 020-132 . 01 Denver 3031458.5526 EXHIBIT "B" (GRIFFIN DRAIN EASEMENT) DESCRIPTION OF THE GRIFFIN DRAIN EASEMENT A 20.00 feet wide easement for the extension of the Griffin Drain located in the Northwest quarter of Section 11, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, a portion of the said Griffin Drain easement is located in the Plat of "City Of Fort Collins Service Center P.U.D." a plat of record with the Clerk and Recorder of the said Larimer County, the said Griffin Drain is also located in that certain tract of land owned by the said City of Fort Collins as described in a Warranty Deed dated July 2, 1992, and recorded at Reception No. 92037972 records of the said Clerk and Recorder, the said Griffin Drain is also located in that certain tract of land owned by the said City of Fort Collins as described in a Quit Claim Deed dated December 9, 1998 and recorded at Reception No. 98108085 records of-the said Clerk and recorder, more particularly described as follows; Commencing at the intersection of the east right of way of Wood Street with the north right of way of Elm Street, the said intersection point is also the TRUE POINT OF BEGINNING of this description; THENCE along the said east right of way of Wood Street, North 00 degrees 14 minutes 48 seconds West for a distance of 20.00 feet to a line which is 20.00 feet (measured at right angles) north of and parallel with the said north right of way of Elm Street; THENCE along the said parallel line, North 89 degrees 36 minutes 25 seconds East for a distance of 843.95 feet; THENCE leaving the said parallel line, North 09 degrees 40 minutes 42 seconds East for a distance of 436.41 feet; THENCE North 17 degrees 30 minutes 13 seconds East for a distance of 363.26 feet to the north line of the said Plat of "City of Fort Collins Service Center P.U.D. ; THENCE along the said north line, South 86 degrees 24 minutes 36 seconds East for a distance of 20.60 feet to a point which is 247.73 feet westerly of the northeast corner of the said Plat, as measured along the north line of the said Plat; THENCE leaving the said north line, South 17 degrees 30 minutes 13 seconds West for a distance of 366.84 feet; THENCE South 09 degrees 40 minutes 42 seconds West for a distance of 451.80 feet to the said north right of way of Elm Street; THENCE along the said north right of way, South 89 degrees 36 minutes 25 seconds West for a distance of 860.77 feet to the point of beginning. Containing 33230 square feet (0.763 Acres) more 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. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522