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Home My WebLink About001 - 02/05/2002 - CLARIFYING THE DESCRIPTION OF DITCH AND PIPE LINE RIGHTS-OF-WAY PREVIOUSLY ABANDONED BY THE CITY IN ORDINANCE NO. 001, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS CLARIFYING THE DESCRIPTION OF DITCH AND PIPE LINE RIGHTS-OF-WAY PREVIOUSLY ABANDONED BY THE CITY IN ACCORDANCE WITH ORDINANCE NO. 25, 1999 WHEREAS,rights-of-way were originally purchased by the Town of Fort Collins for a 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 (the "1882 Ditch ROW"); 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 (the "1882 Pipeline ROW"); and WHEREAS, each of said Right-of-Way Deeds 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 that the 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 were contacted previously and reported no objection to recognizing 1906 as the date of abandonment for the above referenced rights-of-way; and WHEREAS, in March 1999, the City Council approved on second reading Ordinance No. 25, 1999,recognizing the abandonment of the City's above-described ditch and pipe line rights-of- way, with reference to a particular described property burdened by those City interests; and WHEREAS,the City disclaimed any interest in such previously described property in a quiet title action related to said property in 1999, in exchange for the grant to the City of two easements as specified in Ordinance No. 25, 1999, which were granted to the City and recorded at Reception No. 99026964 on March 30, 1999 (the "1999 Easements"); and WHEREAS, since the completion of the foregoing actions, the owner of the affected property has determined that an error in the legal description of the property for which he intended to quiet title has resulted in the need for a new quiet title action related to the property as correctly described on Exhibit"A,"attached hereto and incorporated herein by this reference(the"Burdened Property"); and WHEREAS,the modification of the description of the Burdened Property does not alter the City's abandonment of the above-described ditch and pipe line rights-of-way, but further action by the City is required in order to fully document said abandonment by reference to the Burdened Property, subject to the correction of the 1999 Easements to reflect the newly described Burdened Property, as necessary; and WHEREAS,there was no cost to the City in recognizing 1906 as the abandonment date for the above-described ditch and pipe line rights-of-way; 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 the City Council agrees to recognize and acknowledge the prior abandonment (as of 1906), of the 1882 Ditch ROW and the 1882 Pipeline ROW on that certain property described on Exhibit "A", subject to the correction of the 1999 Easements to reflect the newly described Burdened Property, as necessary. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2002, and to be presented for final passage on the 5th day of February, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of February, AD. 2002. Mayor ATTEST:n 9� City Clerk EXHIBIT "A" LEGAL DESCRIPTION Atract of land situate in the Southeast 1/4 of Section 32, Township 8 North, Range 69 Wes: of the Sixth PM, Larimer, County, Colorado which considering the South line of the said Southeast 1/4 as bearing N90°0090"W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of the said Southeast 1/4 (said point also being the Southwest comer of the Lindholm M.L.D.) which bears N90100'00"W 764.95 feet from the Southeast comer of said Section 32; and run thence along the said South line, N90000'00"�h' 137.63 feet;thence N00°00'00"E 160.00 feet along the East line of the McNally's Hilltop Subdivision to the Northeast corner of Lot 1 of said McNally's Mtop Subdivision; thence along the boundary line of a tract of land recorded in Book 1689 at page 155 of the Larimer County Clerk and Recorder's Office, NO1°42'29"E 199.65 feet, and again S87°49'00"W 67.97 feet; thence along the boundary line of a tract of land recorded in Boob 820 at page 418 of the Larimer County Clerk and Recorders Office, NO2°1700"E 154.78 feet, and again N84°06'00"W 359.90 feet to the East Right-of-Way of North Overland Trail as recorded at Reception Number 96077196 in the Larimer County Clerk and Recorder's Office; thence along said East Right-of-Way line N01°20'37"W 142.68 feet, and again N5904600"W 4.04 feet to the West he of the Southeast 1/4 of the said Southeast 1/4, also being the East be of the Trujillo Exemption Plat; thence along said West line NOO°13'59"E 627.55 feet to the Northwest comer of the Southeast 1/4 of the said Southeast 1/4; thence along the North line of the South 1/2 of the said Southeast 1/4, N89°59'06"W 555.79 feet along the boundary line of a tract of land being Parcel I at Reception No. 99019436 in the Larimer County Clerk and Recorders Office and again N08°3602"W 66.75 feet; and again S89°59'06"E 896.04 feet; to a point that is S89059'06"E 330.00 feet from the West line of the Northeast 1/4 of the said Southeast 1/4; thence parallel to the West line of the Northeast 1/4 of said Southeast 1/4,N00 IT59"E 1144.25 feet; thence N89 59 OS E 61.98 feet along the Southerly boundary line of a tract of land deeded to the City of Fort Collins, Colorado recorded at Reception No. 99024419 in the Larimer County Clerk and Recorder's Office; and again along said Southerly line S5600737E 1125.33 feet to the East line of the said Southeast 1/4; thence along said East line, S00°19'06"W 1119.83 feet to the Northeast corner of the Lindholm M.L.D.; thence along the boundary line of said Lindholm M.L.D. N80045'00"W 538.30 feet; and again S18°05'00"W 192.34 feet, and again S46°45'36"W 112.29 feet; and again S16°10'03"W 29.42 feet; and again S03°55'37E 97.56 feet, and again S16°52'15"W 38.19 feet; and again S26°30'50"W 116.53 feet; and again S22°26'40"W 63.97 feet; and again SO4°15'46"W 85.46 feet to the point of beginning containing 47.9562 acres more or less and being subject to a right-of-way for North Overland Trail over the South 30.00 feet thereof and being further subject to all rights-of-way and easements in place or are now of record or as shown hereon.