HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/1999 - FIRST READING OF ORDINANCE NO. 94, 1999, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 18 i
DATE: June 1, 1999
FORT COLLINS CITY COUNCIL Craig Foreman/
STAFF: Ron Mills
SUBJECT:
First Reading of Ordinance No. 94, 1999, Authorizing the Conveyance of a Quit Claim Deed to
Walter Edward Sperry and Leona Veronica Kelley to Clarify Ownership of a Tract of Land (.246
Acres) at Overland Trail Park.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
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EXECUTIVE SUMMARY:
The 15-acre Overland Trail Park was purchased in 1978 and developed in 1986. During the
development of the park there was an unresolved dispute with the adjacent landowners, Walter
Sperry/Veronica Kelley, over the northerly boundary of the park. The issue has resurfaced because
the landowners have a contract on their property and have requested a Quit Claim Deed from the
City to resolve ownership of the.246-acre tract of land. Parks and Recreation needs 10 new parking
spaces along the easterly 100 feet of the tract. To reach a "win-win" situation, Sperry/Kelley have
agreed to a quit claim deed from the City for the disputed tract,with a reservation for the City of a
vehicular parking easement to accommodate the desired parking spaces. The buyers of the
Sperry/Kelley property have agreed to cooperate with the City through the planning process.
. ORDINANCE NO. 94, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO GRANT A QUIT CLAIM DEED TO
WALTER EDWARD SPERRY AND LEONA VERONICA KELLEY
TO CLARIFY OWNERSHIP OF A TRACT OF LAND (.246 Acres)
AT OVERLAND TRAIL PARK
WHEREAS,the City of Fort Collins is the owner of certain real property known as Overland
Trail Park in Latimer County, Colorado (hereinafter referred to as the 'Park"); and
WHEREAS, during development of the Park, the City had an unresolved dispute with the
adjacent landowners over the northerly boundary of the Park; and
WHEREAS,the present adjacent landowners, Walter Edward Sperry and Leona Veronica
Kelley(the "Landowners") have executed a contract to sell their property; and
WHEREAS,the Landowners have requested a quit claim deed from the City to resolve the
ownership issue of the .246 acres tract of land as legally described on Exhibit "A" attached hereto
and incorporated herein by this reference (the "Property"); and
• WHEREAS,the Parks and Recreation Department needs 10 new parking spaces for the Park
along the easterly 100 feet of the Property; and
WHEREAS,the Landowners have agreed to the reservation of a vehicular parking easement
in the quit claim deed; and
WHEREAS, Section 23-111 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 disposition of real property owned by the City is in the best
interest of the City of Fort Collins.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the above described conveyance of the Property will be for the benefit of the
City's citizens and is in the best interests of the City.
Section 2. That the Mayor is authorized to execute such documents of conveyance as are
necessary to convey the City's interest in the Property to Walter Edward Sperry and Leona Veronica
Kelley upon the term and conditions described above.
Introduced,considered favorably on first reading,and ordered published this 1 st day of June,
A.D. 1999, and to be presented for final passage on the 15th day of June,A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of June,A.D. 1999.
Mayor
ATTEST:
City Clerk
. EXHIBIT "A"
Tract "C": A tract of land situate in Tract "C", Overland Trail Farm, and in the Southwest 1/4 of
Section 16, Township 7 North, Range 69 West of the 61 P.M., City of Fort Collins, County of
Larimer, State of Colorado which considering the North line of the said Southwest 1/4 as bearing
S89°24'30"E and with all bearings contained herein relative thereto is contained within the boundary
lines which begin at the Northeast comer of said Tract "C" which bears S89024'30"E 1294.00 feet
and again S00°00'00"E 850.00 feet from the West 1/4 comer of said Section 16 and run thence
S89024'30"E 28.80 feet;thence S00100'00"E 19.02 feet to a point on an existing fence line;thence
along the said existing fence line S89°36'48"W 458.76 feet to a point on the boundary line of said
Tract"C';thence N00°00'00"W 26.85 feet along the said boundary line to a point on the North line
of said Tract "C"; thence S89°24'30"E 430.00 feet along the said North line to the point of
beginning, containing 0.2416 acres more or less.
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OVERLAND TRAIL PARK LOCATION MAP
West Elizabeth Street
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SPERRY/KELLEY PROPERTY
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DISPUTED LAND AREA
Pleasant Valley Ro
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% OVERLAND TRAIL PARK
Virginia Dale
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