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HomeMy WebLinkAbout038 - 03/16/1999 - AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO GARY AND CARYN L. DELEHOY IN EXCHANGE FOR AN ACCESS E ORDINANCE NO. 38, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO GARY AND CARYN L. DELEHOY IN EXCHANGE FOR AN ACCESS EASEMENT WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located northwest of the City in Larimer County,Colorado,known as the Hyde Open Space,which includes a parcel of land, described on Exhibit"A", attached hereto and incorporated herein by this reference (the "City Parcel"),that was intended to provide for access from the Hyde Open Space to Overland Trail Road, in conjunction with other property in the area; and WHEREAS, the other properties necessary to complete the access to Overland Trail Road have not been obtained, and therefore the City Parcel is not needed for its originally intended purpose; and WHEREAS, staff has negotiated an alternative maintenance access route from the Hyde Open Space to Overland Trail Road; and WHEREAS, Gary and Caryn L. Delehoy (the "Delehoys") are the owners of the property over which an access easement would be required for that access route, which is described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, the Delehoys have agreed to convey a nonpublic easement for maintenance purposes to the City in exchange for the City's conveyance of the City Parcel and the City's payment of an additional $1,600; and WHEREAS, Section 23-11 l 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 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 conveyance of the City Parcel to Gary and Caryn L. Delehoy, in exchange for their grant of an access easement over the Easement Area for maintenance of Hyde Open Space and payment of SIXTEEN HUNDRED DOLLARS ($1,600), is in the best interest of the City of Fort Collins. Section 2. That the City Manager be, and hereby is, authorized to execute such documents as may be necessary to convey the City Parcel to Gary and Caryn L. Delehoy, to accept a deed of easement from Gary and Caryn L. Delehoy for an access easement over the Easement Area, and to execute such additional terms and conditions and conveyance documents as the City Manager, in consultation with the City Attorney, determines are necessary to protect the interests of the City, consistent with the terms of this Ordinance. Introduced, considered favorably on first reading, and o ?edplished this dayy)of March, A.D. 1999, and to be presented for final passage on e' thMarch, 1999 ayor ATTEST: UL "AAL City Clerk Passed and adopted on final reading this 16th day of March, A.D. 1999. "Mayor ATTEST: City Clerk EXHIBIT A DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY TO BE DEEDED TO DELEHOY A tract of land located in the Northeast quarter of Section 32, Township 8 North, Range 69 west of the Sixth Principal Meridian, Larimer County, Colorado, the said tract is also located in that certain tract of land described in a Warranty Deed recorded October 7, 1996 at Reception No. 96072684 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the east quarter corner of the said Section 32 ; THENCE along the east line of the southeast quarter of the said Section 32, South 00 degrees 49 minutes 15 seconds West for a distance of 679 . 15 feet to the centerline of the now abandoned Burlington Northern Railroad right of way; THENCE along the said centerline of the abandoned railroad right of way, North 55 degrees 33 minutes 26 seconds West for a distance of 1206 . 60 feet to the west line of the said tract of land described Reception No. 96072684 records of the said Clerk and Recorder; THENCE along the west line of the said tract described at Reception No. 96072684 , North 00 degrees 32 minutes 16 seconds East for a distance of 60. 24 feet to the TRUE POINT OF BEGINNING of this description; THENCE along the northerly prolongation of the said west line, North 00 degrees 32 minutes 16 seconds East for a distance of 18. 07 feet to the northerly line of the said tract described at Reception No. 96072684 ; THENCE along the said northerly line, and along the west and southerly lines of the said tract the following three (3) courses and distances, (1) North 55 degrees 33 minutes 26 seconds West for a distance of 390. 48 feet; (2) South 00 degrees 35 minutes 22 seconds West for a distance Of 18 . 06 feet; (3) South 55 degrees 33 minutes 26 seconds East for a distance of 390 . 50 feet to the point of beginning. Containing 5857 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. WALLACE C. MUSCOTT COLORADO P. L. S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 LOCATION SKETCH City Property Deeded To Delehoy N NTS NOVEMBER 19. 1997 TH15 SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. $ AND DO NOT REPRESENT A CITY PROPERTY TO BE MONUMENTED BOUNDARY SURVEY, N. DEEDED TO DELEHOY �Q 5857 SQ. FT. O O hss E 114 CORNER 2 Fro 32-8-G9� Sss 3 �90 ,3�c t Off, 3?0so ABANDONED RR ROW 3 O w \ TPOB O O �9z ,�2 33. 06 6 26�Y O. DELEHOY.DwG EXHIBIT B DESCRIPTION OF A PERMANENT ACCESS AND MAINTENANCE EASEMENT LOCATED ON THE DELEHOY PROPERTY A Permanent Access and Maintenance Easement located in the Northeast quarter of Section 32 , Township 8 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Easement is also located in that certain tract of land described in a Quit Claim Deed recorded June 7, 1993 at Reception No. 93037037 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Commencing at the east quarter corner of the said Section 32 ; THENCE along the east line of the southeast quarter of the said Section 32 , South 00 degrees 49 minutes 15 seconds West for a distance of 679 . 15 feet to the centerline of the now abandoned Burlington Northern Railroad right of way; THENCE along the said centerline of the abandoned railroad right of way, North 55 degrees 33 minutes 26 seconds West for a distance of 1206. 60 feet to the west line of that certain tract of land described in a Warranty Deed recorded October 7, 1996 at Reception No. 96072684 records of the said Clerk and Recorder; THENCE along the west line of the said tract described at Reception No. 96072684 , North 00 degrees 32 minutes 16 seconds East for a distance of 20. 98 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west line, North 00 degrees 32 minutes 16 seconds East for a distance of 17. 98 feet; THENCE leaving the said west line, North 55 degrees 59 minutes 42 seconds West for a distance of 677. 81 feet to the southerly prolongation of the west line of that certain tract of land described in a Warranty Deed recorded August 17, 1990 at Reception No. 90037019 records of the said Clerk and Recorder; THENCE along the said southerly prolongated line, South 05 degrees 38 minutes 40 seconds West for a distance of 30. 99 feet to the said centerline of the now abandoned railroad; THENCE along the said centerline, South 55 degrees 33 minutes 26 seconds East for a distance of 30 . 00 feet; THENCE leaving the said centerline, North 7/ 9 degrees 26 minutes 34 seconds East for a distance of 17 . 81 feet; THENCE South 55 degrees 59 minutes 42 seconds East for a distance of 630. 31 feet to the point of beginning. containing 10672 square feet more or less. The above described tract is subject to ail 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.J. BOX 580 FORT COLLINS , CO 80522 F CATION SKETCH —DELEMOY Access + Mdintendnce Easement 3 O v Op PERM. ACCESS v \ MAINTENANCE ESMT. IOG72 SQ.FT. W l9. �O ! E 114 CORNER "T0 v \ 32-8-69\` �Q0 co F Sss° ss�s99� � 9 S94 2;y "O O \ ABANDONED b RR ROW \ 32]6 \ 17 98 N 2°qa �TPOe 4ss o 6Go. NTS NOVEMBER 19. 1997 THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. DELEHOY.DWG