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HomeMy WebLinkAbout007 - 02/01/2005 - AUTHORIZING THE CONVEYANCE OF RIGHT-OF-WAY AND NON-EXCLUSIVE UTILITY EASEMENTS TO THE COLORADO DEPAR ORDINANCE NO. 007, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF RIGHT-OF-WAY AND NON-EXCLUSIVE UTILITY EASEMENTS TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR USE FOR A NEW PUBLIC REST AREA WHEREAS, the City of Fort Collins is the owner of the natural area known at the Running Deer Natural Area located near East Prospect Road and I-25, (the "Property"); and WHEREAS, Colorado Department of Transportation, ("CDOT") is proposing to construct a new rest area south of Colorado Welcome Center; and WHEREAS,City Council approved Ordinance No.097,2004,which authorized the required land exchange for this rest area, along with related temporary and permanent easements; and WHEREAS, in order for the development of the new public rest area to proceed, CDOT wishes to obtain the following additional rights: 1. A non-exclusive permanent sewer easement on,over and under an area.054 acres in size,and described on Exhibit"A",attached hereto and incorporated herein by this reference; 2. A non-exclusive permanent domestic water and gas easement on,over and under an area .093 acres in size, and described on Exhibit `B", attached hereto and incorporated herein by this reference; and 3. Road right-of-way to accommodate the installation of a turn lane from East Prospect Road onto the access road to the new rest area property on, over and under an area .266 acres in size, and described on Exhibit "C", attached hereto and incorporated herein by this reference; and WHEREAS, the estimated fair market value of the easements and right-of-way described above is a total of$848.75, and is based on the appraisal acquired by CDOT and approved by the City; and WHEREAS, CDOT has also agreed to pay to the City an administration fee in the amount of$1,000.00 for the costs associated with the processing of the easement request; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the above-described conveyance of the right-of-way,non-exclusive sewer line easement and the non-exclusive domestic water and gas line easements to CDOT,consistent with the terms of this Ordinance,will be for the benefit of the City's citizens, and further finds that they will be in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the right-of-way and the easements to CDOT,consistent with the terms of this Ordinance, together with such additional terms and conditions as the Mayor,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 18th day of January, A.D. 2005, and presented for final passage on the 1st day of February, A.D. 2005. ayor ATTEST: City Clerk Passed and adopted on final reading this 1st day of February, A.D. 2005. Mayor ATTEST: City Clerk EXHIBIT "A" ms SWA Mlel W Sued Port OF=00 SM1-2W ref(sm)4s2 9nFAC 4st4M staiiac.com Stantec EXIMU A DESCRIPTION: A tract of land situated in the Northeast Quarter of Section 21,Township 7 North,Range 68 West of the 6m Principal Meridian,City of Fort Collins,County of Latimer, State of Colorado,more particularly described as follows: Considering the north line of the Northeast Quarter of Section 21 as bearing South 88-38.37"East,and with all bearings herein relative thereto. Commencing at the North Quarter Comer of said Section 21 from a found#6 rebar with no cap,thence along the north line of the Northeast Quarter of said Section 21,South 88038'37"East 709.35 feet,thence departing said north line South 00°01'20"East 30.01 feet to the to the northwest comer of that parcel described at Reception Numbers 97026804&96022167,Clerk and Recorders Office of Latimer County,Colorado,said point also being on the South Right of Way line for East Prospect Road,thence along the east line of said parcel South 00'0 F21"East 498.76 feet,to the southwest comer of said parcel, said point also being the southeast comer of that parcel described at Book 1448 Page 0669,Clerk and Recorders Office of Latimer County,Colorado,thence along the south line of said parcel South 88°08'44"West 2.26 feet,thence continuing along said south line, South 47°46'29"West 292.93 feet,to the POINT OF BEGINNING thence South 74003'54"East 117.71 feet,thence South 47°46'29"West 23.54 feet,thence North 74003'54"West 117.71 feet to the aforementioned south line,thence along said south line North 47046'29"East 23.54 feet to the POINT OF BEGINNING. The above described tract contains 2,354 square feet,more or less,and is subject to all easements and rights of way of record or existing. Michael David Lang Colorado Professional Land Surveyor Registration Number 37053 V:\52871fto ive\B=MYWEX MrrM13007\A-sswr doc November 23,2004 k1'Umdi ' °'►'a ue1O �2 ■ y § �@ §\§ ° 21f „! £ / 7 � �� \ © §§k �E ! o § -B§ : o { ■ §k\ b \ z —ww § 2k � _ � ■ � §» � mod` 2 19act q ne 1 - §}k ) &�| E 0 § � . » o s ® ! • k 2 i� m§§a )§§ � 2 Q ®z gin, � § ■ § | ] §[§ iiO k § § t:ui-C ■ s #rote E _a« ■in - $ § ■ � 2 �| . \ k ILrn U. k _ /©� �■ —_|§3§—�§*-0-� �� 2—. —_-- \§ � — - ` �— w■2 L ©� \� 2I- § Am zTk 0 §■ - . ® b ■�g 2 §2 \§ § �CL§ ° §O0 ■s} § , n §es= _§/§ He M' -- --- . . . . . � � . . . . . •� EXHIBIT "B" 209 South iA"M meet Fort C4w co 8MI-M Td:(sm)W-SM For:(970)482-M smtRec+com Stantec MCE[M T A DESCRIPTION: A tract of land situated in the Northeast Quarter of Section 21,Township 7 North,Range 68 West of the 60'Principal Meridian,City of Fort Collins, County of Larimer,State of Colorado,more particularly described as follows: Considering the north line of the Northeast Quarter of Section 21 as bearing South 88°38'37"East,and with all bearings herein relative thereto. Commencing at the North Quarter Comer of said Section 21 from a found#6 rebar with no cap,thence along the north line of the Northeast Quarter of said Section 21,South 88°38'37"East 709.35 feet,thence departing said north line South 00001'20"East 30.01 feet to the to the northwest comer of that parcel described at Reception Numbers 97026804&96022167, Clerk and Recorders Office of Larimer County,Colorado,said point also being on the South Right of Way line for East Prospect Road,thence along the east line of said parcel South 00001'20"East 498.76 feet,to the southwest comer of said parcel, said point also being the southeast corner of that parcel described at Book 1448 Page 0669,Clerk and Recorders Office of Larimer County,Colorado, and the POINT OF BEGINNING thence along the south line of said parcel South 88008'44"West 2.26 feet, thence continuing along said south line South 47�46'29"West 37.42 feet,thence South 00°01'50"East 134.97 feet,thence North 47°46'29"East 40.49 feet,thence North 00001'50"West 132.98 feet to POINT OF BEGINNING. The above described tract contains 4,047 square feet,more or less,and is subject to all easements and rights of wayof record or existing. Michael David Lang 01 Colorado Professional Land Surveyor Registration Number 37053 V:\52871fVwdve�surveyNEXEItBrrSkSI3007\A-utiLdoc November 23,2004 kjllmdl O i �y �T O t/wp . . . . . . _.._.._.._.. . . . . . . . . . e . . ƒ '� ' §a . _ |� | §w § . /§ �§ 2§f )� ■�! �_ ■ \ §P§ \ § § | B § \§/ k | §� |$ . § 2 -�� _ �'" |■ h ■ _ Cl u ) « oo■ I ■ d\; E � a �'z § _ IL k s E.§ § ` ■ � & ( < tE%a A ■f w k . / § § � ■ ' | §IL � 2 $ / s ��` E was � � ■ a lu§ f- Z k & i p� «�� ` | 7 § / ■n | _ ■ q , B§§ | . § ■ &3 §� 2 §k } � ke §§w - ) § ) 2 � §§§k { § . 16 &a�»■a | E as §(§) ) i zgu \ § EXHIBIT "C" W9 Su.s Me[*=Sho FatColm C0 SMI-2WS U I&(9M)49-M shmiN.=n ExHmrF A DESCRIPTION: Two tracts of land situated in the Northeast Quarter of Section 21,Township 7 North, Range 68 West of the 6a'Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado,more particularly described as follows: Considering the north line of the Northeast Quarter of Section 21 as bearing South 88°38'37"East,and with all beatings herein relative thereto. Commencing at the North Quarter Comer of said Section 21 from a found lib rebar with no cap,thence along the north line of the Northeast Quarter of said Section 21, South 88°38'37"East 1120.30 feet,to the northwest comer of that CDOT easement parcel described at Reception Number 88026808,Clerk and Recorders Office of Larimer County,Colorado,thence following the west line of said easement South 01°21'23"West 30.00 feet to the POINT OF BEGINNING.thence continuing along said west line South 45-28'39"East 40.20 feet,thence along a line lying 57.50 feet south of and parallel with said north line of the Northeast Quarter of said Section 21,North 88038'37"West 125.32 feet to the east boundary line of that parcel described at Reception Number 2001012592, Clerk and Recorders Office of Laritner County,Co.,said point also being the south right of way for East Prospect Road,thence along the east line of said parcel North 32`35'15" West 33.15 feet,thence along a line lying 30 feet south of and parallel with said north line of the Northeast Quarter of said Section 21,South 88038'37"East 114.51 feet to the POINT OF BEGINNING. AND Commencing at the North Quarter Comer of said Section 21 from a found#6 rebar with no cap,thence along the north line of the Northeast Quarter of said Section 21,South 88038'37"East 1400.30 feet,to the northeast corner of that CDOT easement parcel Page I of 2 a7M O s, k uVO described at Reception Number 88026808,Clerk and Recorders Office of Latimer County,Colorado,thence following said east easement line of South 01°21'23"West 29.99 feet to the POINT OF BEGINNING thence along a line lying 30 feet south of and parallel with said north line of the Northeast Quarter of said Section 21,South 88°38'37" East 272.47 feet to a point on the west boundary line of that parcel described at Book 1992 Page 0280,Clerk and Recorders Office of Latimer County,Co., thence along said west line the following two(2)courses and distances 1)South 01°21'23" West 6.42 feet, thence 2)South 61°58'13"East 46.96 feet,thence along a line lying 57.50 feet south of and parallel with said north lime of the Northeast Quarter of said Section 21,North 88038'37"West 339.85 feet to a point on the aforementioned the east line of that easement described at Reception Number 88026808,thence along said east line North 44006'10"East 37.45 feet to the POINT OF BEGINNING. The combined above tracts contain 0.266 acres,more or less,and are subject to all easements and rights of way of record or existing. Michael David Lang Colorado Professional Land Surveyor Registration Number 37053 V.\52871ftacfiveWwmy\E7C111BrM813007\ROW AI&AZ.doc November 23,2004 igUmdl b A G Page 2 of 2 ra </ 3a� _.._.._.._.. ._.._.._.._.._.._.._.._.._.._.._.. 00 co 0 �0 4 Wm I Wig g a: m I fag o�z Dial g bibi� X N W(3OIR m N 2Y m mo I Og Z = n �g a z 35 �O O t � r ei E l l Z g� a o 3 I � 6pSO,ILZ °--mot 1 '_mug 160 Moe o o ISM L 0 I WIN* F 1` W No O rid a all il I cIL t o IL SOPIRR pig ZLL O M ' 5 W e . z g O � c �Wn f Are: IN 1 3U31 z S# '� � -ONOUOL air N AtC> ILL t cr 0b�Ip� N {. {{yy N X (7Z O Zto ` to It WWOK fA /6ZNLL'� 2 Uy�2 -� U�1AF �.._.._.. ..�..�.._........... O LSH Rd 6E5290 Y00222/II Opp'11I1-SS-4a-8EOODLIBhLWftB\SIIBIM%3\!an-ms\a. �o\11L82S\A