HomeMy WebLinkAbout2005-038-04/19/2005-AUTHORIZING A REVOCABLE PERMIT TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR A PERIOD OF UP TO TW RESOLUTION 2005-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT TO THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR A PERIOD OF UP TO TWO YEARS
TO ENTER ON PROPERTY OWNED BY THE CITY FOR THE PURPOSE OF
ENVIRONMENTAL CLEANUP AND MONITORING
WHEREAS, the City of Fort Collins is the owner of that certain real property (the"Site")
in the City of Fort Collins, County of Larimer, State of Colorado, as described in attached
Exhibit"A", attached hereto and incorporated herein by this reference; and
WHEREAS, in April of 2000, the City of Fort Collins acquired the Site from the
Colorado Department of Transportation ("CDOT"); and
WHEREAS, prior to the City's ownership of the Site, environmental contamination was
identified in the soil on a portion of the Site and CDOT accepted responsibility for cleaning the
Site; and
WHEREAS, CDOT has asked the City to authorize its entry onto the Site to excavate the
contaminated soil, replace with clean soil, compact the soil, install monitoring wells and perform
monitoring activities; and
WHEREAS, it is anticipated that such activities will be completed within a two-year
period; and
WHEREAS, Article XI, Section 10, of the Charter of the City of Fort Collins authorizes
the Council to permit the use or occupation of any street, alley, or public place, provided that
such permit shall be revocable by the Council at its pleasure, whether or not such right to revoke
is expressly reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to execute such documents as are
necessary to authorize CDOT to gain entry to the Site, consistent with the terms of this
Resolution, which authorization may include such additional terms and conditions as the City
Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the
interests of the City or effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Ci ouncil held this 19th day of April,
A.D. 2005.
Mayor
A TEST:
City Clerk
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND TO BE DEEDED TO THE CITY OF FORT
COLLINS LOCATED ON THE STATE DEPARTMENT OF HIGHWAYS PROPERTY
A tract of land located in the Northwest quarter of Section 12, Township 7 North, Range 69
West and in the Southwest quarter of Section 1, Township 7 North Range 69 West all of
the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being
located in that certain tract of land as described in a Quit Claim Deed recorded March 14,
1958 in Book 1063 at Page 138, and in a Deed recorded May 17, 1974 in Book 1601 at
Page 764 all in the records of the Clerk and Recorder of the said Larimer County, more
particularly described as follows;
Considering the north line of the said Northwest quarter of Section 12 as bearing South 89
degrees 59 minutes 23 seconds West from a 3" brass cap at the south quarter corner of
the said Section 1 to a 3" Colorado Department of Highways brass cap at the southwest
corner of the said Section 1, .and with all bearings contained herein relative thereto;
Commencing at the south quarter corner of Section 1;
THENCE South 78 degrees 41 minutes 09 seconds West for a distance of 296.40 feet
to the intersection of the west line of that certain tract of land described in a Deed recorded
May 17, 1974 in Book 1601 at Page 766 records of the said Clerk and Recorder with the
south line of the said tract described in Book 1063 at Page 138, the said intersection point
is also the TRUE POINT OF BEGINNING of this description;
THENCE along the south line of the said tract described in Book 1063 at Page 138,
South 89 degrees 05 minutes 23 seconds West for a distance of 168.34 feet;
THENCE leaving the said south line and along a non-tangent curve to the right having
a radius of 590.00 feet a central angle of 34 degrees 21 minutes 21 seconds and an arc
length of 353.78 feet, being subtended by a chord of North 23 degrees 27 minutes 04
seconds East for a distance of 348.50 feet;
THENCE North 40 degrees 37 minutes 44 seconds East for a distance of 24.70 feet to
the east line of the said tract of. land described in Bock 1601 at Page 764;
THENCE along the said east line and along the west line of the said tract described in
Book 1601 at Page 766, South 02 degrees 18 minutes 37 seconds East for a distance of
336.06 feet to the point of beginning. Containing 35691 square feet (0.819 Acres) more
or less.
The above described tract is subject to all easements and rights of ways new 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
LEGAL DESCRIPTION - PROPOSED LOT 4A
A PARCEL OF LAND BEING A PORTION OF LOT 4 "EAST VINE STREETS FACILITY
P.U.D.", A SUBDIVISION PLAT RECORDED AT RECEPTION NO. 93064812, LARIMER
COUNTY, COLORADO. ALSO BEING A PORTION OF SECTION 12, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE N 88018'14" E
ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 275.51 FEET; THENCE S
00037'24" W, A DISTANCE OF 395.60 FEET; THENCE S 88*18'24" W, A DISTANCE OF
275.81 FEET TO A POINT ON THE WEST LINE OF SAID LOT 4: THENCE N 00°37'24"
E ALONG SAID WEST LINE OF LOT 4, A DISTANCE OF 395.59 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 2.500 ACRES OF LAND, MORE OR LESS.
ALL BEARINGS DESCRIBED HEREIN ARE BASED ON THE NORTH LINE OF LOT 4
"EAST VINE STREET FACILITY, P.U.D.", A SUBDIVISION PLAT RECORDED AT
LARIMER COUNTY, COLORADO. SAID LINE BEARS N 88018'14" E.
PREPARED BY: THE LUND PARTNERSHIP, INC.
12265 WEST BAYAUD AVENUE, SUITE 130
LAKEWOOD, CO 80228
303-989-1461
DATE: DECEMBER 15,1997