HomeMy WebLinkAbout025 - 03/02/1999 - RECOGNIZING AN ABANDONMENT OF DITCH AND PIPE LINE ROW IN EXCHANGE FOR THE GRANTS OF TWO WATER LINE E ORDINANCE NO. 25, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RECOGNIZING AN ABANDONMENT OF DITCH AND PIPE LINE RIGHTS-OF-WAY
IN EXCHANGE FOR THE GRANTS OF TWO WATER LINE EASEMENTS
WHEREAS,rights-of-way were originally purchased by the Town of Fort Collins for a line
of ditch in connection with the Town of Fort Collins Water Works and were conveyed by Deeds
dated December 16 and 19, 1882 and recorded in Book 29,Pages 227 and 233 of the Larimer County
Clerk and Recorder's Office; and
WHEREAS,a right-of-way,which alignment was not described, was also acquired for a pipe
line for the Town of Fort Collins Water Works and was conveyed by Deed dated December 16, 1882
and recorded in Book 29, Page 226 of the Latimer County Clerk and Recorders Office; and
WHEREAS, each Right-of-Way Deed contains language similar to the following: " ...
provided that in case the said Town, its successors and assigns shall permanently abandon said line,
the same to revert to and become reinvested in said Grantor, his/her heirs and assigns"; and
WHEREAS,research by the City's Historic Preservation staff indicates thatthe Town of Fort
Collins may have abandoned said rights-of-way as early as 1906 when a Water Treatment Plant was
constructed in the Poudre Canyon and said rights-of-way were no longer needed or used by the Town
of Fort Collins; and
WHEREAS, pertinent City departments have been contacted and report no objection to
recognizing 1906 as the date of abandonment for the above referenced rights-of-way as they affect
a parcel of land described on Exhibit"A",attached hereto and incorporated herein by this reference,
in exchange for the reservation of two water line easements under and across Parcel 1 of Exhibit"A"
and the conveyance of two water line easements to the City more particularly described on Exhibit
"B", attached hereto and incorporated herein by this reference; and
WHEREAS,there will be no cost to the City in recognizing 1906 as the abandonment date;
and
WHEREAS,Section 23-111 of the Code provides that the City Council is authorized to sell,
convey or otherwise dispose of real property owned by the City for use by the 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 that in exchange for the conveyance of the water line easements more particularly
described on Exhibit"B",the Council agrees to recognize and acknowledge the prior abandonment
(as of 1906), of Town of Fort Collins rights-of-way for the discharge of"tail water" to the Poudre
River and conveyance of water by pipe line purposes for the Town of Fort Collins Water Works
plant as shown on Exhibit"A", subject to the the reservation of two water line easements under and
across Parcel 1 of Exhibit"A".
Introduced, considered favorably on first reading, and ordered pu " hed this 16th da
February, A.D. 1999, and to be presented for final passage on the 2nd y of March, A.D 99.
Mavor
ATTEST:
ALL
City Clerk
Passed and adopted on final reading this 2nd day of-Marcy A.D. 1999.
. ( yor
ATTEST:
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELI:
A strip of land through Section 32, Township 8 North of Range 69 West beginning at a point 20
chains due South of center of Section 32,Township 8 North of Range 69 West and 11.70 chains due
East of allorth and South line drawn through the center of said Section 32,and running thence East
870 feet, thence North 66 feet, thence West 880 feet, thence South 6 degrees West 66 feet to place
of beginning.
County of Larimer, State of Colorado.
PARCEL II:
A tract of land situate in Section 32, Township 8 North, Range 69 West of the 6th P.M., more
particularly described as follows:
Beginning at the Southeast corner of Section 32,Township 8 North,Range 69 West of the 6th P.M.,
thence Northerly along the East line of said SE 1/4, 1,896.4 feet more or less to the South line of the
right of way of the Colorado and Southern Railroad, thence Northwesterly along the South line of
said right of way to a point 330 feet East of the West line of the NE 1/4 of SE 1/4 of said Section,
thence South parallel with the West line to the South line of said NE 1/4 of SE 1/4 of said Section,
thence West 330 feet to the Northwest corner of SE 1/4 of SE 1/4 of said Section,thence South along
the West line of said SE 1/4 of SE 1/4 to the Southwest corner of said SE 1/4 of SE 1/4, thence
Easterly along the South line of said Section to the point of beginning;
ALSO,beginning at a point on the North line of the S E 1/4 of Section 32,Township 8 North, Range
69 West of the 6th P.M., which is 792.5 feet West of the East quarter corner of Section 32, thence
West 120 feet more or less to the East line of the right of way of the Colorado and Southern
Railroad,thence southeasterly along said right of way to a point due South of the point of beginning,
thence North to the point of beginning;
EXCEPTING from the above a parcel conveyed to Stephen J.Marko and Mildred Marko as recorded
in Book 820 at Page 418, Larimer County Records, and
EXCEPTING a parcel conveyed to Henry F. Brooks as recorded in Book 173 at Page 154,Latimer
County Records;
EXCEPT that portion platted as "McNally's Hilltop Subdivision;
EXCEPT parcel conveyed to the City of Fort Collins, Colorado, a Municipal Corporation, by
Warranty Deed dated May 31, 1989 and recorded on June 2, 1989, under Reception No. 89024419,
Larimer County Records; and
EXCEPT parcel conveyed to Ernesto Chacon and Betty L. ('bacon by Quit Claim Deed dated March
4, 1976, and recorded on March 9, 1976, in Book 1689 at Page 155, Larimer County Records;
EXCEPT parcel conveyed to Lester J. Brown and Nellie L. Brown by Deed recorded March 10,
1969 in Book 1404 at Page 642, Larimer County Records;
EXCEPT parcel described in Decree Quieting Title recorded August 25, 1992 under Reception No.
92051866, Larimer County Records;
EXCEPT parcel dedicated as a public highway in Deed of Dedication recorded October 25, 1996
under Reception No. 96077196, Larimer County Records, and
EXCEPT any portion, if any, contained within PARCEL I.
County of Larimer, State of Colorado
EXHIBIT "B"
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LOCATED ON THE HODGSON
PROPERTY AND THE CITY OF FORT COLLINS PROPERTY TO BE RETAINED BY THE CITY
OF FORT COLLINS
Two Permanent Utility Easements located in the southeast quarter of Section 32 Township 8 North,
Range 69 West of the Sixth Principal Meridian,Larimer County,Colorado,the said easements are also
located in that certain tract of land described in a Quit Claim Deed recorded June 19, 1996 at Reception
No. 96044381 and in that certain tract of land described in a Deed recorded January 5, 1884 in Book
29 at Page 233 all of the records of the Clerk and Recorder of the said Larimer County, more
particularly described as follows;
Commencing at the southeast corner of the said Section 32; THENCE along the east line of the said
southeast quarter,North 01 degrees 07 minutes 11 seconds East for a distance of 584.00 feet to the north
line of the Lindholm MLD 94-EX0516 a plat of record with the said Clerk and Recorder; THENCE
leaving the said east line and along the north line of the said Lindholm MLD, North 79 degrees 56
minutes 53 seconds West for a distance of 338.83 feet to the TRUE POINT OF BEGINNING of this
description; THENCE continuing along the said north line, North 79 degrees 56 minutes 53 seconds
West for a distance of 29.15 feet; THENCE leaving the said north line, North 36 degrees 37 minutes
32 seconds West for a distance of 193.43 feet; THENCE North 41 degrees 41 minutes 31 seconds West
for a distance of 76.66 feet; THENCE North 43 degrees 53 minutes 46 seconds West for a distance of
192.11 feet; THENCE North 45 degrees 07 minutes 38 seconds West for a distance of 190.46 feet;
THENCE North 45 degrees 41 minutes 03 seconds West for a distance of 253.92 feet; THENCE North
44 degrees 47 minutes 35 seconds West for a distance of 128.50 feet to the north line of the said tract
described in Book 29 at Page 233; THENCE along the said north line, South 89 degrees 11 minutes
02 seconds East for a distance of 28.59 feet; THENCE leaving the said north line, South 44 degrees 47
minutes 35 seconds East for a distance of 107.92 feet: THENCE South 45 degrees 41 minutes 03
seconds East for a distance of 253.87 feet; THENCE South 45 degrees 07 minutes 38 seconds East for
a distance of 190.78 feet; THENCE South 43 degrees 53 minutes 46 seconds East for a distance of
192.71 feet; THENCE South 41 degrees 41 minutes 31 seconds East for a distance of 77.93 feet;
THENCE South 36 degrees 37 minutes 32 seconds East for a distance of 215.52 feet to the point of
beginning. Containing 20738 square feet (0.476 Acres) more less;
TOGETHER WITH:
Commencing at the said southeast corner of Section 32; THENCE along the south line of the said
southeast quarter of Section 32,North 89 degrees 12 minutes 01 seconds West for a distance of 1326.27
feet to the south sixteenth corner of the said southeast quarter; THENCE along the north-south
centerline of the said southeast corner,North 01 degrees 02 minutes 01 seconds East for a distance of
1321.18 feet to the center sixteenth corner of the said southeast quarter,and to the south line of the said
tract described in Book 29 at page 233; THENCE along the said south line of the tract described in
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Book 29 at Page 233, the said south line being along the east-west centerline of the said southeast
quarter,North 89 degrees I 1 minutes 03 seconds West for a distance of 510.38 feet to the TRUE POINT
OF BEGINNING of this description; THENCE continuing along the said south line,North 89 degrees
11 minutes 03 seconds West for a distance of 45.68 feet to the west line of the said tract described in
Book 29 at Page 233; THENCE leaving the said south line, along the said west line,North 07 degrees
35 minutes 13 seconds West for a distance of 66.72 feet to the north line of the said tract describe in
Book 29 at Page 233; THENCE along the said north line,South 89 degrees 1 I minutes 03 seconds East
for a distance of 18.21 feet; THENCE leaving the said north line, South 28 degrees 36 minutes 15
seconds East for a distance of 75.77 feet to the point of beginning. Containing 2108 square feet(0.048
Acres) more less.
The above described easements are subject to all easements,and rights of way 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 and areas shown are based upon previously
recorded plats and deeds and not upon a actual field sunev.
WALLACE C. MUSCOTT COLOR-ADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO.
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