HomeMy WebLinkAbout040 - 05/05/2009 - DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS HICKORY STREET RIGHT-OF-WAY ORDINANCE NO. 040, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS
HICKORY STREET RIGHT-OF-WAY
WHEREAS, the City owns that certain real property described in Exhibit "A", attached
and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property has been used as public right-of-way for Hickory Street and
related improvements since the City acquired it in 1994; and
WHEREAS, the public records do not indicate that the Property was formally dedicated
as right-of-way after the City acquired it; and
WHEREAS, the lack of right-of-way designation for the Property could potentially raise
issues about proper procedures for granting access for utilities and other additional uses on the
Property in the future; and
WHEREAS, it would benefit the residents of the City to clearly delineate the boundaries
of the right-of-way for Hickory Street; and
WHEREAS, in order to establish a public record that the City intends to use the Property
for right-of-way and related improvements, staff recommends that Council declare the Property
to be right-of-way; and
WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized
to sell, convey or otherwise dispose of any and all interests in real property owned in the name of
the City, provided the City Council first finds, by ordinance, that such sale or other 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 City Council hereby declares that the real property described in
Exhibit "A" shall constitute right-of-way for Hickory Street and related improvements,
including, without limitation, public utilities, vehicular, pedestrian, transit and bicycle access and
improvements, landscaping, and such related purposes as may now or in the future be
determined appropriate, and hereby finds that such declaration is in the best interests of the City.
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's Office upon final adoption.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
April, A.D. 2009, and to be presented for final passage on the 5 a of May, A.D. 2009.
ayor
= ATTEST:
•Y
City Clerk
Passed and adopted on final reading on the 5th day of Ma D. 2009.
Mayor
ATTEST:J - .
City Clerk
Page 1 of 2
EXHIBIT "A"
DESCRIPTION OF THE L & W SUPPLY CORP. FEE SIMPLE
A tract of land located in the Northeast Quarter of Section 2,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
a portion of that certain tract of land described in a Warranty
Deed dated February 26, 1980 and recorded on May 15, 1980 in Book
2043 Page 745 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 2;
THENCE along the south line of the said northeast quarter,
North 89 degrees 57 minutes 45 seconds West for a distance of
1044.92 feet to the east line of the said tract described in Book
2043 Page 745 and to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said south line,. North 89 degrees
57 minutes 45 seconds West for a distance of 210.34 feet to the
west line of the said tract described in Book 2043 Page 745;
THENCE along the said west line, North 26 degrees. 53 minutes
34 seconds West for a distance of 39.26 feet to a line which is
35.00 feet (measured at right angles) north of and parallel with
the said south line of the northeast quarter;
THENCE along the said parallel line South 89 degrees 57
minutes' 45 seconds East for a distance of 228.10 feet to the said
east line of the tract described in Book 2043 Page 745;
THENCE along the said east line, South 00 degrees 00 minutes
00 seconds East for a distance of 35.00 feet to the point of
beginning. Containing 7673 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 and areas are based upon previously
recorded plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497 �� �PG� C'RA/0 �G
P.O. BOX 580 FORT COLLINS, CO 80522 �
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* ? 17497
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Page 2 of 2
EXHIBIT "A"
LOCATION SKETCH - L&W SUPPLY CORP.
N
NTS
SEPTEMBER 8, 1994
NOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
PARCEL DESCRIBED AT
BOOK 2043 AT PAGE 745
o EXISTING FENCE
0
X—X—�C---DC—X X— X X—x—X—X—X—X�c—X—X X
SB9'S7'45 E`—228.10'
rillrr/Il7Z,3rr�ZZ7/lrrrrlr�rrrrciaiir�ri o
ya61�y. EXISTING CURB f FEE SIMPLE o 0
AND GUTTER
7673 SO ¢i �n
�o a . FT��
PROPOSED 4'WALK
N89'57'45''W
HICKORY STREET
N89'57'45"W 210.34' iO44.92'
TPOB
SOUTH LINE NE 1/4 E 1/4 COR.
2-7-69 2-7-69
LW.DWG