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Home My WebLink AboutTILDEN STREET DEDICATION ORDINANCE # 30 2008 - Filed RD-ROW DEDICATION - 2008-04-24ORDINANCE NO. 030, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DEDICATION TO THE COUNTY OF CERTAIN CITY -OWNED PROPERTY AS TILDEN STREET ROAD RIGHT-OF-WAY WHEREAS, the City is the owner of property located at 2313 East Kechter Road in Fort Collins, Colorado (the "City Property"); and WHEREAS, the City Property was purchased in 2006 as part of the City of Fort Collins Land Bank Program to be developed in the future as an affordable housing project; and WHEREAS, Savant Homes, Incorporated ("Developer") is the developer of Kechter Crossing, which is a twenty-eight acre property adjacent to the City Property (the "Development"); and WHEREAS, the City Property and the Development are both located in Larimer County, outside the City limits; and WHEREAS, the Developer has asked the City to dedicate as public road right-of-way, to be used by the Development, a portion of the City Property directly adjacent to the Development, as described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Developer has agreed to oversize the stormwater pipes to be located in the right-of-way, pay all costs associated with the construction of the road, and detain all stormwater flows from the constructed road in the Development; and WHEREAS, City staff has determined that when the City Property is developed in the future, it will benefit from the constructed road; and WHEREAS, City staff will work with the County and the Developer to ensure that the Developer's obligations regarding the road are either made conditions of the County's approval of the Development, or are addressed in a separate agreement between the City and the Developer; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the Council first finds, by ordinance, that such sale or other disposition 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 Council hereby finds that the dedication to the County of the property described on Exhibit "A" as public road right-of-way for Tilden Street is in the best interests of the City. RECEPTION#: 20080021947, 04/09/2008 at 10:44:54 AM, 1 of 4, R $21.00 TO Pgs: o City Clerk's Office, Fort Collins. Coiorarlc Scott Doyle, Larimer County, CO Section 2. That the Mayor is hereby authorized to execute documents of dedications, in a form approved by the City Attorney, to convey the property described on Exhibit "A" as public road -right-of-way upon terms and conditions consistent with this Ordinance, together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary changes to the legal description of the property to be dedicated, as long as such changes do not materially increase the size or change the character of the dedicated property. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2008, and to be presented for final passage on the day of March, A.D. 008. ATTEST: ,;, May CityCleik Passed and adopted on final reading on the 18th day of h, A.D. 2008./ Mayo ATTEST: , Exhibit "A" PROPERTY DESCRIPTION Right of Way Dedication A parcel of land for Public Right of Way dedication being a portion of that land described in a Warranty Deed recorded January 24, 2006 as Reception Number 2006-0005697 of the Records of Larimer County, said parcel situate within the Northwest Quarter (NWi/4) of Section Eight (8), Township Six North (T.6N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (61h P.M.), County of Larimer, State of Colorado, more particularly described as follows: COMMENCING at the North Quarter Comer of said Section 8 and assuming the North line of the Northwest Quarter of said Section 8 as bearing South 89" 12'26" West being a grid bearing of the Colorado State Plane Coordinate System, North zone, North American Datum 1983/92 a distance of 2705.30 feet with all bearings contained herein relative thereto; THENCE South 00°26'59" West along the East line of the NW 1/4 of said Section 8 a distance of 30.01 feet to the South Right of Way line of Kechter Road (Larimer County Road 36); THENCE South 89012'26" West along a line parallel with and 30.00 feet Southerly of, as measured at a right angle to the North line of the N W 114 of said Section 8 a distance of 669.50 feet to the POINT OF BEGINNING; THENCE South 00"47' 34" East along a line perpendicular to the North line of the NW1/4 of said Section 8 a distance of 12.00 Feet; THENCE South 89012'26" West along a line parallel with and 42.00 feet Southerly of, as measured at a right angle to the North line of the NW 114 of said Section 8 a distance of 1.58 feet to a Point of Curvature; THENCE along the are of a curve concave to the Southeast a distance of 20.16 feet, said curve has a Radius of 13.00 feet, a Delta of 88"52'00" and is subtended by a Chord bearing South 44"46'26" West a distance of 18.20 feet to a Point of Tangency; THENCE South 00020'26" West along a line parallel with and 28.50 feet Easterly of, as measured at a right angle to the Easterly line of Lot 2 of the Feldman M.R.D. #97-EX1094, recorded August 21, 1998 as Reception Number 99071796 of the Records of Latimer County, a distance of 1258.56 feet to the South line of the North Half of the NW1/4 of said Section 8; THENCE South 89°21'44" West along the South line of the North Half of the NWl/4 of said Section 8 a distance of 28.50 feet to the Fast line of Lot 2 of said Feldman M.R.D.; THENCE North D0020'26" East along the East line of Lot 2 of said Feldman M.R.D. a distance of 1283.23 feet to a line parallel with end 30.00 feet Southerly of, as measured at a right angle to the North line of the NW 114 of said Section 8; THENCE North 89012' 26" East along a line parallel with and 30.00 feet Southerly of, as measured at a right angle to the North line of the NW1/4 of said Section 8 a distance of 42.60 feet to the POINT OF BEGINNING; Said easement contains 36,778 sq. ft. or 0.844 acre, more or less (t), and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and co¢ AAec 11 best of my knowledge and belief. Surveyors, Inc. Land Surveyor #34995 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 P.W0wa4Wa9C ae CLOSUREetirhtofWay DM Ciy M Pon Coigm.dm Ppiaf2 1 V " RIGHT OF WAY DEDICATION EXHIBIT A NORTHWEST QUARTER SECTION 8, T.6N., R.68W. NORTH QUARTER CORNER NORTHWEST CORNER SECTION % IGN., IT 68W. SECTION 8. T.BN., R.M. POINT OF COMMENCEMENT S89-12-26"W (BASIS OF BEARING) 2705.30' _ KECHTER ROAD (COUMYROAD 36) T,30 s �. 7 POINT OF BEGINNING ROW Mo ZTGRT OF WAY DEDICATION 36,77E sq. f1. 0.844 saes E 50 25 0 50 1"= 50' LINE TABLE UNE BEARING LENGTH U S00' 7'34"E 12.00' L2 SB97 '26"W .58' L3 SB9'21'44"W 28.50' L4 N89-19:;6-9 1 42.60 334M 1 a King Surveyors, Inc. Colorado Regis eaaional Land Surveyor #34995 NOTE This exhibit drowing Is not intended to be o monumented land survey. It's sole purpose Is as a grophlc representation to old In the vieualizatlon Of the written property description which it accompanies. The written property description supersedes the exhibit drowing. S89R1'44-W 2688.04' SIXTEENTH CORNER CENTER —NORTH SIXTEENTH CORNER IS 7/8, T.M. R.68W. SECTION 8, T.BN., R.68W. CURVE TABLE CURVE LENGTH RADIUS I DELTA I CHORD CH BEARING 1 .CO' 852'OO" 18.20' S44'46'26"W I4NG SURVEYORS, INC. PROJECT 07084 650 Garden Deive I Windsor, Cobndo BQ550 DATE: 2/21 1//08 phone: (970) 686-5011 I fas: (970) 686.5821 CUENT:JIM SELLDWG:2007084EXH v kingsu"eyw&com DRAWN: CSK CHECKED: SAL