HomeMy WebLinkAbout081 - 09/04/2012 - DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS STRAUSS CABIN ROAD AND EAST HARMONY ROAD RIGHT-OF-WAY ORDINANCE NO. 081, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS
STRAUSS CABIN ROAD AND EAST HARMONY ROAD RIGHT-OF-WAY
WHEREAS, the City is the owner of a piece of real property described on Exhibit "A",
attached and incorporated herein by reference (the "Property"); and
WHEREAS,the Property,which covers approximately 22,500 square feet, is located in the
western half of Strauss Cabin Road and in East Harmony Road; and
WHEREAS, the City acquired the Property by quit claim deed from the adjacent property
owner,Lafarge West,Inc.,in 2010,after a survey identified the Property as not having been included
in a previous dedication of property to Latimer County for road right-of-way; and
WHEREAS, the Property has been used for public road purposes for many years, although
it was never dedicated as right-of-way and is not shown in public real property records as being for
use by the City as right-of-way; and
WHEREAS, the lack of right-of-way designation for the Property raises issues about the
proper procedures for granting access to the Property for utilities seeking to locate facilities within
the road fight-of-way or for other future uses; and
WHEREAS, in order to establish a public record that the City intends to use the property for
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, City staff recommends that the Council so declare
by this Ordinance; and
WHEREAS,Section 23-1 11(a)of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned in the name of the City, provided that
the 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 on
Exhibit "A" shall constitute right-of-way for Strauss Cabin Road and East Harmony Road and
related improvements,including without limitation public utilities,vehicular,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.
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 upon final adoption.
Introduced, considered favorably on first reading, and ordered published this 21st day of
August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012.
FORT Co
Mayor o T
ATTEST: �-V NL
City Clerk
Passed and adopted on final reading on the 4th day of September, A.D. 2012.
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EXHIBIT "A"
PAGE 1 OF 2
A tract of land located in the Northeast Quarter of Section 4
Township 6 North Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the tract is also
that certain tract of land as described in a Warranty Deed recorded
August 24, 1989 at Reception No. 89038015 records of the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows; '
The East 30.00 feet of the North 750.00 feet of the said Northeast
Quarter of Section 4, Township 6 North Range 68 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado
The above described tract contains 22, 500 square feet more or less,
and 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 is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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EXHIBIT "A" Page 2 of 2
LOCATION SKETCH
II
I
EAST HARMONY ROAD
(ROW VARIES)
I NE CORNER
4-6-68
NORTH LINE OF NE 1/4
4-6-68
I
TRACT TO BE
QUIT CLAIMED TO I Q
CITY OF FORT COLLINS p ^
22,500 SQ.FT. +/- ry O
I Z ry
m J
EAST.30.00 FEET OF U O
NO/r'Th 750.00 FEET OE UJ f—
NE 1/ SECT/ON
5(-5-68 Q
NTS
MARCH 9, 2010 30' ROW
THIS SKETCH AND THE AREAS 30' ROW
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY, EAST LINE OF NE 1/4 -
�� 4-6-68
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