HomeMy WebLinkAbout136 - 09/19/2006 - DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS TIMBERLINE ROAD RIGHT-OF-WAY ORDINANCE NO. 136, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS
TIMBERLINE ROAD RIGHT-OF-WAY
WHEREAS, as part of the process of acquiring land for the Timberline Road Extension
Project north of Highway 14, the City purchased certain properties, took certain properties by
eminent domain, and had certain parcels dedicated for right-of-way in connection with land use
approvals; and
WHEREAS, the public real property records regarding those properties acquired by the
City by direct purchase with funds for the Timberline Road Extension Project do not indicate
that such property is for use by the City as right-of-way and related purposes; and
WHEREAS, the lack of such indication in the public real property records of such
properties could raise title insurance issues for adjacent property owners and utilities seeking to
locate facilities within the right-of-way, because the areas located between the roadway and the
property line are not clearly delineated as part of the right-of-way and related improvements; and
WHEREAS, in order to establish a public record that the real property adjacent to
Timberline Road north of Highway 14 and more specifically described on Exhibit "A", attached
hereto and incorporated herein by this reference (the "Right-of-Way"), is intended for use by the
City as right-of-way and related improvements, including without limitation public utilities,
pedestrian, transit and bicycle access and improvements, landscaping, and such other related
purposes as may now or in the future be determined appropriate, staff has recommended that the
Council so declare by this Ordinance; 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 any sale or other disposition of real property owned by the
City 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 Council hereby declares that the Right-of-Way described on
Exhibit "A" hereto shall constitute right-of-way for Timberline Road and related improvements,
including without limitation public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and such other related purposes as may now or in the future be
determined appropriate, and hereby finds that such declaration is in the best interest of the City
of Fort Collins.
Section 2. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder regarding the Right-of-Way upon
final adoption.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D.
2006.
O �
Mayo
ATTEST:
UL. 4 Y
City Clerk
Passed and adopted on final reading on the 19th day o e tember, A.D. 2006.
s
Mayo
ATTEST:
)�k J14 )P�
City Clerk
EXHIBIT "A"
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY OBTAINED
FOR THE TIMBERLINE ROAD WIDENING, LYING NORTH OF EAST LINCOLN AVENUE,
TO BE DESIGNATED AS RIGHT OF WAY
Four tracts of land located in the South half of Section 8, Township 7
North, Range 68 West of the Sixth Principal Meridian, Larimer County,
Colorado, the said tracts are also portions of those certain tracts of
land described in a Warranty Deed recorded April 19, 1985 at Reception
No. 85018621, and in a Order recorded December 21, 1998 at Reception
No. 98111789, and in a Warranty Deed recorded March 30, 1998 at
Reception No. 98024197, and in a Warranty Deed recorded April 23 , 1998
at Reception No. 98032687, and in a Warranty Deed recorded August 7,
1997 at Reception No.97051225, and in a Warranty Deed recorded December
1, 1997 at Reception No, 97079732, all of the records of the Clerk and
Recorder of the said Larimer County, being more particularly described
as follows;
Considering the south line of the southwest quarter of the said Section
8 as bearing North 88 degrees 55 minutes 42 seconds West between a 3"
Aluminum Cap Monument, PLS 20123 at the south quarter corner and a 3.511
Aluminum Cap Monument, PLS 17497 at the south west corner of Section 8,
and with all bearings contained herein relative thereto;
Commencing at the south quarter corner of the said Section 8;
THENCE along the said south line of the southwest quarter, North
88 degrees 55 minutes 42 seconds West for a distance of 808 .69 feet;
THENCE North 01 degrees 04 minutes 18 seconds East for a distance
of 193 . 57 feet to the southeast corner of the said tract described at
Reception No. 98111789, and to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE along the east line of the said tract described at
Reception No. 98111789, North 00 degrees 39 minutes 54 seconds West for
a distance of 413 .42 feet,-
THENCE continuing along the said east line and its northerly
extension, along a curve to the right having a radius of 1053 .29 feet
a central angle of 44 degrees 16 minutes 56 seconds and an arc length
of 814 .05 feet, being subtended by a chord of North 21 degrees 28
minutes 34 seconds East for a distance of 793 .94 feet;
THENCE leaving the said extension, along a curve to the right
having a radius of 25 . 00 feet a central angle of 90 degrees 12 minutes
57 seconds and an arc length of 39 . 36 feet, being subtended by a chord
of North 88 degrees 43 minutes 30 seconds East for a distance of 35.42
feet;
THENCE South 46 degrees 10 minutes 01 seconds East for a distance
of 16 .36 feet;
THENCE along a curve to the left having a radius of 274 .00 feet
a central angle of 43 degrees 08 minutes 18 seconds and an arc length
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of 206 .30 feet, being subtended by a chord of South 67 degrees 44
minutes 10 seconds East for a distance of 201.46 feet to the south line
of the said tract described at Reception No. 85018621;
THENCE along the said south line and along the east and north
lines of the said tract described at Reception No. 85018621 the
following eight (8) courses and distances, (1) South 89 degrees 18
minutes 19 seconds East for a distance of 250 . 82 feet;
(2)North 00 degrees 41 minutes 41 seconds East for a distance of
83 . 00 feet;
(3)along a non-tangent curve to the right having a radius of 15 .00
feet a central angle of 90 degrees 00 minutes 00 seconds and an arc
length of 23 .56 feet, being subtended by a chord of South 45 degrees 41
minutes 41 seconds West for a distance of 21 .21 feet;
(4)North 89 degrees 18 minutes 19 seconds West for a distance of
235 . 82 feet;
(5)along a curve to the right having a radius of 206 .00 feet a
central angle of 43 degrees 08 minutes 18 seconds and an arc length of
155 .10 feet, being subtended by a chord of North 67 degrees 44 minutes
10 seconds West for a distance of 151 .46 feet ;
(6)North 46 degrees to minutes 01 seconds West for a distance of
26. 87 feet;
(7) along a curve to the right having a radius of 25 . 00 feet a
central angle of 90 degrees 00 minutes 00 seconds and an arc length of
39 .27 feet, being subtended by a chord of North 01 degrees 10 minutes
01 seconds West for a distance of 35 . 36 feet;
(8)North 43 degrees 49 minutes 59 seconds East for a distance of
126 . 91 feet;
THENCE along the north line of the said tract described at
Reception No. 85018621 and along the north line of the said tract
described at Reception No. 98024197, North 89 degrees 18 minutes 19
seconds West for a distance of 178 .84 feet;
THENCE leaving the said north line, South 43 degrees 49 minutes
59 seconds West for a distance of 8 .63 feet;
THENCE along a curve to the right having a radius of 25 . 00 feet,
a central angle of 90 degrees 00 minutes 00 seconds and an arc length
of 39 .27 feet, being subtended by a chord of South 88 degrees 49
minutes 59 seconds West for a distance of 35 .36 feet;
THENCE North 46 degrees 10 minutes 01 seconds West for a distance
of 3 .77 feet;
THENCE along a curve to the left having a radius of 240 .00 feet
a central angle of 01 degrees 43 minutes 43 seconds and an arc length
of 7.24 feet, being subtended by a chord of North 47 degrees 01 minutes
53 seconds West for a distance of 7. 24 feet to the said north line of
the tract described at Reception No. 98024197;
THENCE along the said north line, North 89 degrees 18 minutes 19
seconds West for a distance of 158 .75 feet to the westerly line of the
said tract described at Reception No. 98024197;
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THENCE along the said westerly line the following four (4) courses
and distances (1) along n -( ) g a on tangent curve to the right having a
radius of 180. 00 feet a central angle of 43 degrees 08 minutes 18
seconds and an arc length of 135.52 feet, being subtended by a chord of
South 67 degrees 44 minutes 10 seconds East for a distance of 132.34
feet;
(2) South 46 degrees 10 minutes 01 seconds East for a distance of
3 .77 feet;
(3) along a curve to the right having a radius of 25 . 00 feet a
central angle of 90 degrees 00 minutes 00 seconds and an arc length of
39. 27 feet, being subtended by a chord of South 01 degrees 10 minutes
01 seconds East for a distance of 35 . 36 feet;
(4)South 43 degrees 49 minutes 59 seconds West for a distance of
0.13 feet;
THENCE continuing along the said westerly line and its southerly
extension, along a curve to the left having a radius of 1194 .29 feet,
a central angle of 44 degrees 29 minutes 53 seconds and an arc length
of 927 .53 feet, being subtended by a chord of South 21 degrees 35
minutes 02 seconds West for a distance of 904 .39 feet;
THENCE South 00 degrees 39 minutes 54 seconds East for a distance
of 429.28 feet to the south line of the said tract described at
Reception No. 98111789;
THENCE along the said south line, North 80 degrees 22 minutes 41
seconds East for a distance of 84.37 feet;
THENCE continuing along the said south line, North 86 degrees 37
minutes 41 seconds East for a distance of 57. 73 feet to the point of
beginning. Containing 5 .603 acres more less .
TOGETHER WITH:
With the above described basis of bearings;
Commencing at the said south quarter corner of Section 8;
THENCE along the east line of the said southwest quarter, North
00 degrees 40 minutes 56 seconds East for a distance of 1970.88 feet;
THENCE North 89 degrees 19 minutes 04 seconds West for a distance
of 49 . 57 feet to the easterly line of that certain tract of land
described in a deed of Dedication recorded July 28, 1986 at Reception
No. 86040808 and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE along the said easterly line, along a non-tangent curve to
the right having a radius of 1160 .00 feet a central angle of 17 degrees
59 minutes 06 seconds and an arc length of 364.12 feet, being subtended
by a chord of South 34 degrees 50 minutes 26 seconds West for a
distance of 362.63 feet;
THENCE continuing along the said easterly line, South 43 degrees
49 minutes 59 seconds West for a distance of 96 .36 feet to the south
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line of the said tract described at Reception No. 98032687;
THENCE along the said south line, South 89 degrees 18 minutes 19
seconds East for a distance of 14 .39 feet to the easterly line of the
said tract described at Reception No. 98032687;
THENCE along the said easterly line the following five (5) courses
and distances, (1) North 43 degrees 49 minutes 59 seconds East for a
distance of 86 . 52 feet;
(2)along a curve to the left having a radius of 1170 .50 feet a
central angle of 15 degrees 20 minutes 03 seconds and an arc length of
313 .26 feet, being subtended by a chord of North 36 degrees 09 minutes
57 seconds East for a distance of 312 .33 feet;
(3) along a non-tangent curve to the left having a radius of 50 . 00
feet a central angle of 65 degrees 03 minutes 55 seconds and an arc
length of 56 .78 feet, being subtended by a chord of South 04 degrees 02
minutes 02 seconds East for a distance of 53 . 78 feet;
(4) along a curve to the right having a radius of 50 . 00 feet a
central angle of 37 degrees 15 minutes 40 seconds and an arc length of
32 .52 feet, being subtended by a chord of South 17 degrees 56 minutes
09 seconds East for a distance of 31 . 95 feet;
(5) North 00 degrees 41 minutes 41 seconds East for a distance of
136 .80 feet to the point of beginning. Containing 5943 square feet more
less.
FURTHER TOGETHER WITH:
With the above described basis of bearings;
Commencing at the said south quarter corner of Section 8;
THENCE along the east line of the said southwest quarter, North
00 degrees 40 minutes 56 seconds East for a distance of 2300. 35 feet;
THENCE North 89 degrees 19 minutes 04 seconds West for a distance
of 72 .45 feet to the westerly line of the said tract described at
Reception No. 86040808, and to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE along the north line of the said tract described at
Reception No. 98032687, North 44 degrees 16 minutes 25 seconds West
for a distance of 13 . 01 feet to the westerly line of the said tract
described at Reception No. 98032687;
THENCE the said westerly line, along a non-tangent a curve to the
right having a radius of 1029 .50 feet a central angle of 34 degrees 30
minutes 49 seconds and an arc length of 620 .15 feet, being subtended by
a chord of South 26 degrees 34 minutes 34 seconds West for a distance
of 610. 81 feet;
THENCE continuing along the said westerly line and along the
westerly line of the said tract described at Reception No. 97051225,
South 43 degrees 49 minutes 59 seconds West for a distance of 218 . 64
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feet to the south line of the said tract described at Reception No.
97051225;
THENCE along the said south line, South 89 degrees 18 minutes 19
seconds East for a distance of 14 .39 feet to the said westerly line of
the tract described at Reception No. 86040808;
THENCE along the said westerly line, North 43 degrees 49 minutes
59 seconds East for a distance of 208 . 80 feet;
THENCE continuing along the said westerly line, along a curve to
the left having a radius of 1040 .00 feet a central angle of 34 degrees
05 minutes 18 seconds and an arc length of 618.75 feet, being subtended
by a chord of North 26 degrees 47 minutes 20 seconds East for a
distance of 609. 66 feet to the point of beginning. Containing 8748
square feet more less .
FURTHER TOGETHER WITH:
With the above described basis of bearings;
Commencing at the said south quarter corner of Section 8;
THENCE along the east line of the said southwest quarter, North
00 degrees 40 minutes 56 seconds East for a distance of 2158 . 68 feet;
THENCE South 89 degrees 19 minutes 04 seconds East for a distance
of 30 .47 feet to the southwest corner of the said tract described at
Reception No. 97079732 and to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE along the west line of the said tract described at
Reception No. 97079732, North 00 degrees 41 minutes 41 seconds East for
a distance of 269 . 06 feet to the north line of the said tract;
THENCE along the said north line, South 87 degrees 28 minutes 19
seconds East for a distance of 39 . 92 feet to the east line of the said
tract;
THENCE along the said east line, along a non-tangent curve to the
right having a radius of 1170 . 50 feet a central angle of 13 degrees 16
minutes 57 seconds and an arc length of 211.35 feet, being subtended by
a chord of South 09 degrees 10 minutes 10 seconds West for a distance
of 270 . 74 feet to the point of beginning. Containing 6786 square feet
more less.
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.
���C uCrnroy'4
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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