HomeMy WebLinkAbout181 - 01/07/2014 - DECLARING CERTAIN CITY-OWNED PROPERTY AS ROAD RIGHT-OF-WAY ORDINANCE NO. 181, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY AS ROAD RIGHT-OF-WAY
WHEREAS, the City owns certain parcels of property located at the southwest corner of
Timberline Road and Prospect Road identified by the Latimer County Assessor as parcel
numbers 87191-00-928, 87191-00-918, 87191-00-917, (the "City Property"); and
WHEREAS, as part of the process of constructing interim and ultimate road
improvements for the Timberline Road and Prospect Road intersection, the City needs to utilize
a portion of the City Property for the new road improvements; and
WHEREAS, in order to establish a public record that a portion of the City Property,
which portion is more specifically described on Exhibit "A", attached hereto and incorporated
herein by this reference, 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 City Council should declare that
property to be right-of-way; and
WHEREAS, Section 23-111(a) 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.
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 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.
Section 2. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Latimer County Clerk and Recorder's office upon final adoption.
- 1 -
Introduced, considered favorably on first reading, and ordered published this 17th day of
December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D.
2013.
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ATTEST: 6%. y
City Clerk
Passed and adopted on final reading on the 7th day of January, A.D. 2013.
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City Clerk
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Exhibit "A"
Page I of 3
DESCRIPTION OF PROPERTY OWNED BY THE CITY OF FORT COLLINS TO BE DESIGNATED AS A
ROAD ALIGNMENT
TWO TRACTS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 19,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO; TRACT 1 BEING ALL OF THAT PARCEL OF LAND DESCRIBED IN THE
WARRANTY DEED RECORDED JULY 21, 2006 AT RECEPTION NO.20060055096, AND A PORTION
OF THAT PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED NOVEMBER 29,
1984 IN BOOK 2300, PAGE 1103; AND TRACT 2 BEING ALL OF THAT PARCEL OF LAND
DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED JUNE 30,2009 AT RECEPTION NO.
20090044114,AND A PORTION OF THAT TRACT OF LAND DESCRIBED IN THE RULE AND ORDER
RECORDED MAY 3, 1973 IN BOOK 1552. PAGE 62;THE TWO TRACTS OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 1:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19, AND CONSIDERING THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR S00°03'291-W,SAID
LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 34995,
AND ON ITS SOUTH END BY A 3-1/4"ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS -
OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,S00003'29"W,A DISTANCE OF
726.48 FEET;
THENCE N89°56'31"W,A DISTANCE OF 30.00 FEET TO THE POINT OF INTERSECTION OF THE
EXISTING WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD AND THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD,SAID POINT BEING THE POINT OF
BEGINNING;
THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY-LINE,87.77 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 2814,82 FEET,A CENTRAL ANGLE OF 01'47'12",
AND A CHORD WHICH BEARS N36054'55"W,A DISTANCE OF 161.14 FEET;
THENCE ALONG THE WEST LINE OF THE PARCEL DESCRIBED IN SAID WARRANTY DEED
RECORDED AT RECEPTION NO. 20060055096,THE FOLLOWING THREE(3)COURSES:
1. N04005'44"W,A DISTANCE OF 116.09 FEET;
2. 161.18 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
2,182.00 FEET,A CENTRAL ANGLE OF 04-13-56", AND A CHORD WHICH BEARS
N01'58'46"W A DISTANCE OF 161.14 FEET;
3. N00°08'12°E,A DISTANCE OF 91.88 FEET TO A POINT ON THE SOUTHERLY LINE OF THE
PARCEL OF LAND DESCRIBED IN SAID WARRANTY DEED RECORDED IN BOOK 2300,
PAGE 1103;
THENCE ALONG SAID SOUTHERLY LINE,S80°1745"W,A DISTANCE OF 37.29 FEET;
THENCE N00008'27"E,A DISTANCE OF 117.69 FEET;
THENCE N23055'37-W,A DISTANCE OF 26.24 FEET TO A POINT ON THE NORTHWESTERLY LINE
OF THE PARCEL OF LAND DESCRIBED IN SAID WARRANTY DEED RECORDED IN BOOK 2300,
PAGE 1103;
THENCE ALONG SAID NORTHWESTERLY LINE, N52031'31"E,A DISTANCE OF 99.66 FEET TO A
POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD;
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING THREE(3)COURSES:
1. 52.04 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 129,16 FEET,A CENTRAL ANGLE OF 23-05-11",AND A CHORD WHICH BEARS
S22°27'05"E A DISTANCE OF 51.69 FEET;
2. 168.17 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE RIGHT HAVING A
RADIUS OF 878.68 FEET,A CENTRAL ANGLE OF 10°57'56",AND A CHORD WHICH BEARS
S05°25'31"E,A DISTANCE OF 167.91 FEET;
3. S00003'29"W,A DISTANCE OF 421.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 42,079 SQUARE FEET(0.966 ACRES),MORE OR LESS,AND BEING SUBJECT TO ALL
EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT.NOW EXIST ON THE GROUND.
Exhibit "A"
Page 2 of 3
TRACT 2:
COMMENCING AT SAID NORTHEAST CORNER OF SECTION 19, AND CONSIDERING SAID EAST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19 TO BEAR SOO°03'29"W,SAID LINE
BEING MONUMENTED AS DESCRIBED ABOVE;
THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, S00003'29"W,A DISTANCE OF
1,632.06 FEET;
THENCE N89056'31"W,A DISTANCE OF 30.00 FEET TO THE POINT OF INTERSECTION OF THE
EXISTING WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD AND THE SOUTH LINE OF THAT
TRACT OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1552, PAGE 62, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE ALONG SAID SOUTH LINE,S88022'29"W,A DISTANCE OF 78.03 FEET;
THENCE N00003'29"E,A DISTANCE OF 395.92 FEET TO A POINT ON THE SOUTH LINE OF THAT
PARCEL OF LAND DESCRIBED IN THE DEED RECORDED AT RECEPTION NO.20090044114;
THENCE N89056'31"W,A DISTANCE OF 4.40 FEET TO THE SOUTHWEST CORNER OF SAID
PARCEL;
THENCE ALONG THE WEST LINE OF SAID PARCEL, 75.02 FEET ALONG THE ARC OF A
NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 13,929.50 FEET,A CENTRAL ANGLE
OF 00018'31",AND A CHORD WHICH BEARS N01009'25"W A DISTANCE OF 75.02 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL;
THENCE ALONG THE EAST LINE OF THE TRACT CONVEYED TO THE PUBLIC SERVICE COMPANY
OF COLORADO'BY SPECIAL WARRANTY DEED RECORDED JUNE 30, 2009 AT RECEPTION NO.
20090044122, N00"03'29-E,A DISTANCE OF 71.76 FEET;
THENCE S89056'31"E, A DISTANCE OF 5.99 FEET;
THENCE N00003'29"E,A DISTANCE OF 302.60 FEET TO A POINT ON THE SOUTHWESTERLY,
RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD;
THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 123.65 FEET ALONG THE ARC OF
A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2,914.83 FEET, A CENTRAL ANGLE
OF 02025'50",AND A CHORD WHICH BEARS S39°03'15"E A DISTANCE OF 123.64 FEET TO A POINT
ON THE EXISTING WEST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD;
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, S00003'29"W,A DISTANCE OF 747.05 FEET TO
THE POINT OF BEGINNING.
CONTAINING 62,864 SQUARE FEET(1.443 ACRES), MORE OR LESS,AND BEING SUBJECT TO ALL
EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND.
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.
DO REG/S
0QI I A�
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 p-"' _Zp��,,'}
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS
P.O. BOX 580, FORT COLLINS, CO 80522 .gL
S:\Engineedng\Depanments\Survey\Projects\Engineering\Timberline and Prospect\LEGALS\CFG ROW Alignmt.doc
Exhibit"A" Page 3 of 3
EXHIBIT OF
PROPERTY OWNED BY THE CITY OF FORT COLLINS
TO BE DESIGNATED AS A ROAD ALIGNMENT
PT. OF COMMENCE-
MENT TRACTS 1 & 2
NE COR. SEC 19-7-68
LINE TABLE E . P R O S P E C T R D . FD 3-1/4" ALUM CAP
LINE BEARING DISTANCE G' STAMPED LS 34995 IN
Li N89'56'31'W 30.00' MONUMENT BOX
L2 N04'05'44'W 116.09' O nr+`
L3 NOO'08'12"E 91.88'
L4 S8017'45'W 37.29'
L5 NOO'08'27"E 117.69' CITY OF FORT COLLINS rn
L6 N23-55'37"W 28.24' BK. 2300 P. 1103 >
L7 N52'31'31"E 99.66' u' EXISTING R.O.W.
L8 S00'03'29"W 421.82'
L9 SSB'22'29"W 78.03'
LID N00'03I29'E 395.92' (PL� N
L71 N89-56-31"W 4.40'L12 N00'03'29'E 71.76' - ct` TRACT]
42,079 S.F.
L13 S8956'31"E 5.99' �1
L14 NGO'03'29"E 302.60' y
L15 SOO'03'29"W 747,05' CITY OF FORT COLLINS
L76 N89'56'31`W 30.00' REC. NO. 20060055097 I s
CITY OF FORT COLLINS m
REC. NO. 20060055096 ^r
A
r
CURVE TABLE qj z
CURVE RADIUS LENGTH DELTA CH. ERG. CH. DIST. <1 m
Cl 2814.82' 87.77' 1-47'12" N36'54'55"W 87.77' A
C2 2182.00' 161.18' 413'S6" N01'58'46'W 161.14' 9 I p
C3 129.16- 52.04' 23'05'11" S22'27'05`E 51.69' Q a
C4 878.68' 168.1Y 10-57'56" S0525'31"E 167.91' o
CS 13929.50' 75.02 018'37' NO1'09'25'W 75.02' PT. OF BEG. TRACT 1 1
C6 2914.83' 1 3.65'1 2'25'S0' S39'03'15"E 123.64-
mo
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REC. N0. 20090044122 I TRACT 2
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ANAL EXISTING R.O.W.
THIS EXHIBIT'S SOLE INTENT IS TO r: I
GRAPHICALLY REPRESENT AND AUGMENT 0
THE ATTACHED PROPERTY DESCRIPTION. IT
DOES NOT REPRESENT A MONUMENTED `CITY OF FORT COLLINS
LAND SURVEY AS DEFINED IN C.R.S. BK. 1552, PG. 62
38-51-102. IN THE EVENT OF
DIFFERENCES BETWEEN THIS EXHIBIT AND L16
THE ATTACHED PROPERTY DESCRIPTION,
THE INFORMATION CONTAINED WITHIN THE E 1/4 COR. SEC 19-7-68
ATTACHED PROPERTY DESCRIPTION TAKES
PRIORITY. L FD 3-1/4` ALUM CAP
PT. OF BEG. TRACT 2 STAMPED LS 17497 IN
MONUMENT BOX
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