HomeMy WebLinkAbout033 - 03/15/2005 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS TO LAFARGE WEST, INC. OVER, ACROSS, AND UNDER ORDINANCE NO. 033, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS
TO LAFARGE WEST, INC. OVER, ACROSS AND UNDER
A PORTION OF THE POUDRE TRAIL
WHEREAS, the City of Fort Collins is the owner of certain real property known as the
Poudre River Trail located south of the Poudre River and east and west of Overland Trail in
Latimer County, Colorado, (the "City Property"); and
WHEREAS, LaFarge West, Inc., ("LaFarge") wishes to acquire three non-exclusive
easements over, on, across and under a portion of the City Property, as more particularly
described on Exhibit "A", attached hereto and incorporated herein by this reference, to construct,
operate, maintain, repair, remove and replace underground pipelines for conveyance of water
and appurtenant facilities; and
WHEREAS, Section 23-111 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 such sale or disposition is 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 above-described conveyance of a non-exclusive easement over,
under and across the City Property is in the best interests of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute such documents of
conveyance as are necessary to convey the easements to LaFarge, consistent with the terms of
this Ordinance, together with such additional terms and conditions as the City Manager, 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 1st day of
March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005.
1CIayor � "
AI"TEST:
City Clerk
Passed and adopted on final reading on the 15th day of March, A D. 2005.
Mayor
ATTEST:
City Clerk
Exhibit A
LaFar¢e West.Inc.Easement
Poudre River
Water storage pond area
Pipe installation area a°.
Poudre Trail F"
Pipe installation area J z
City Property
Water storage pond area
f
Pipe installation area
I
CITY OF FORT COLLINS
EASEMENT NO.1
AN 85 FOOT WIDE STRIP OF LAND LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 69 WEST, OF THE
6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33,SAID
POINT BEING MARKED BY A 3" ALUMINUM CAP STAMPED LS 20123,AND
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 33 AS BEARINGN00°08'l l"E (NORTH END OF SAID LINE BEING
MARKED BY A 31/4"ALUMINUM CAP STAMPED LS 20123)WITHALL
OTHER BEARINGS RELATIVE THERETO;
THENCE ALONG SAID WEST LINE N00008'11" E. 1902.46 FEET TO A POINT
ON THE SOUTHERLY RIGHT-OF-WAY OF THE FORMER COLORADO AND
SOUTHERN RAILROAD, SAID POINT ALSO BEING THE POINT OF
BEGINNING OF A DEED TO THE CITY OF FORT COLLINS RECORDED AT
RECEPTION NO. 93038619,THENCE ALONG SAID FORMER SOUTHERLY
RIGHT-OF-WAY AND ALONG THE SOUTHERLY BOUNDARY OF SAID
DEED, S56°1448" E,411.46 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE N3345'12" E, 100.00 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF THE FORMER COLORADO AND SOUTHERN
RAILROAD: THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S
56-14-48" E, 85.00 FEET; THENCE S 33°45'12" W, 100.00 FEET TO A POINT ON
SAID SOUTHERLY RAILROAD RIGHT-OF-WAY;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY N 560 14'48"W, 85.00
FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.20 ACRES (8.500 SQUARE FEET) MORE OR LESS
AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR
RESTRICTIONS NOW IN USE OR OF RECORD.
CITY OF FORT COLLINS
EASEMENT NO.2
AN 85 FOOT WIDE STRIP OF LAND LOCATED N THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 4 TOWNSHIP 7 NORTH, RANGE 69 WEST, OF THE 6T" P M.;
COUNTY OF LARIP.MER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 3 AND 4, T7N,
R69W, SAID POINT BEING MARKED BY A 31/4"ALUMINUM CAP STAMPED LS 5028, AND
CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SAID SECTION 4 AS BEARING N00°00'27" E (NORTH END OF SAID LINE BEING MARKED BY A
3 '/<" ALUMINUM CAP STAMPED LS 16846) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 4, N89°53'04" W, 313.68 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF THE FORMER COLOR-ADO AND SOUTHERN RAILROAD, SAID POINT ALSO
BEING ON THE NORTHERLY BOUNDARY OF A QUIT CLAIM TO THE CITY OF FORT COLLINS
RECORDED AT RECEPTION NO. 90023707, THENCE ALONG SAID FORMER NORTHERLY RIGHT-
OF-WAY, N 56°14'48" W, 158.10 FEET TO AN ANGLE POINT ON THE NORTHERLY BOUNDARY OF
A QUIT CLAIM T O THE CITY OF FORT COLLINS RECORDED AT RECEPTION NO. 20040100759.
SAID POINT ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S 33045'12" W, 100.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OFWAY OF THE
FORMER COLOR-ADO AND SOUTHERN RAILROAD; THENCE ALONG SAID SOUTHERLY RIGHT-
OF-WAY N 56014'48" W, 85.00 FEET; THENCE N 33°45'12" E, 100.00 FEET TO A POINT ON SAID
NORTHERLY RAILROAD RIGHT-OF-WAY;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY S 560 14'48" E, 85.00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.20 ACRES (8,500 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO
ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN USE OR OF RECORD.
CITY OF FORT COLLINS
EASEMENT NO. 3
AN 85 FOOT WIDE STRIP OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST, OF THE 6th P.M.;
COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 3 T7N, R69W, SAID
POINT BEING MARKED BY A CUT CROSS IN A BRIDGE DECK, AND CONSIDERING THE WEST
LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3 AS
BEARING N 00001'01" E (NORTH END OF SAID LINE BEING MARKED BY A 2 %" ALUMINUM CAP
STAMPED LS 12374) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 3, N 00°O1'O1" E, 16.45 FEET TO THE SOUTHWEST CORNER OF A
PARCEL OF LAND DEEDED TO THE CITY OF FORT COLLINS AT RECEPTION NO. 19130889:
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID DEED N 89023'02" E, 490.20 FEET TO THE
POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE N 00036'58" W, 50.00 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID DEED
TO THE CITY OF FORT COLLINS:
THENCE ALONG SAID NORTHERLY BOUNDARY N 89°23'02" E, 85.00 FEET; THENCE S 00036'58" E,
50.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID DEED;
THENCE ALONG SAID SOUTHERLY BOUNDARY S 89023'02" W 85.00 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.10 ACRES (4,250 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO
ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN USE OR OF RECORD.