HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/18/1999 - SECOND READING OF ORDINANCE NO. 56, 1999, AUTHORIZ P,�Z
AGENDA ITEM SUMMARY ITEM NUMBER: 33
DATE: May 18, 1999
FORT COLLINS CITY COUNCIL Jim O Neill/Ron Mills
STAFF: Ellen Alward
li SUBJECT :
Second Reading of Ordinance No. 56, 1999, Authorizing the Mayor to Execute a Deed of
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Conveyance for the Sale of a 3.726-Acre Parcel Near the Intersection of East Prospect and
Timberline Roads.
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RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
g EXECUTIVE SUMMARY:
Ordinance No. 56, 1999, which was unanimously adopted on First Reading on April 20, 1999,
authorizes the Mayor to execute a deed conveying this property,subj ect to utility and trail easements,
and to execute such other related documents as needed to convey the property to Anchor
Development Corporation.
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AGENDA ITEM SUMMARY ITEM NUMBER: 20
DATE: April 20, 1999
FORT COLLINS CITY COUNCIL STAFF:Jim O'Neill/Ron Mills
Ellen Alward
SUBJECT:
First Reading of Ordinance No. 56, 1999,Authorizing the Mayor to Execute a Deed of Conveyance
for the Sale of a 3.726-Acre Parcel Near the Intersection of East Prospect and Timberline Roads.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.,
FINANCIAL IMPACT:
The sale of this parcel will result in revenue of$173,400 for the Light and Power Fund.
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EXECUTIVE SUMMARY:
In 1970, the Light and Power Utility acquired the land for the Timberline Substation. The Utility
now desires to sell a 3.726-acre portion of that site. The parcel is not needed for Utility purposes.
However, 2.3 acres of this site is potentially developable:,It is located on the south side of East
Prospect Road east of Timberline Road betweenthe Union Pacific and Burlington Northern Santa
Fe Railroad tracks and bordered on the south by pang Creek. After offering this property to other
City departments and the Housing Authority,Purchasing issuedan invitation to bid on the property.
Two unacceptable bids were received in July 1998. In March 1999, Purchasing received an
acceptable contract from Anchor Development Corporation in the amount of$173,400. This is the
current estimated value of the property,based on comparable land sales in the area, as determined
by the City's Right-of-Way Office.
Approval of this Ordinance would authorize the Mayor to execute a deed conveying this property,
subject to utility and trail easements, and to execute such other related documents as needed to
convey the property to Anchor Development Corporation.
DATE: April 1999 ITEM NUMBER: 20
BACKGROUND:
The original 37-acre Timberline Substation site was obtained through condemnation in 1970. One
of the condemnation rulings required the City to purchase more land than was necessary for the
Substation. Since that time, Parks and Recreation purchased a 3-acre portion of the property and
some land was sold and traded for intersection improvements and storm drainage needs. A link in
the Spring Creek Trail is also constructed on the property.
The parcel that is proposed to be sold (See Attachment A) was offered to other City departments
before it was put out to bid to be sold. Parks and Recreation identified the need for additional
permanent trail easement and the Utility also reserved a utility easement. The Natural Resources
Department and the Natural Resources Board expressed a strott g interest in obtaining this property
since it is adjacent to Spring Creek Trail and currently contains a prairie dog coterie. However,
because of the high per acre cost,Natural Resources was unwilling to purchase the property at its
estimated market value.
Purchasing received the first acceptable bid in March after rejecting two earlier unacceptable offers.
The proposed purchaser is Anchor Development Corporation and it has offered to purchase the
property for$173,400.This is the current estimated market value of the property as determined by
the City's Right-of-Way Office. If the project is approved through the City's planning and
development process, Anchor Development intends to construct mini-warehouse storage units on
the property. ;
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ORDINANCE NO. 56, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE FOR THE
SALE OF A 3.726-ACRE PARCEL NEAR THE INTERSECTION OF
EAST PROSPECT AND TIMBERLINE ROADS
WHEREAS,the City's Electric Utility acquired a 37-acre site near the intersection of East
Prospect and Timberline Roads in the City of Fort Collins in 1970 for construction of the Timberline
Substation; and
WHEREAS,the site contains a 3.726-acre parcel that is not required for use by the Electric
Utility except for the reservation of an utility easement on the Property, which property is legally
described on Exhibit"A" attached hereto and incorporated herein by reference(the "Property");and
WHEREAS, the Property has been offered to other City departments and the Fort Collins
Housing Authority,and Parks and Recreation identified the need for a trail easement; and
WHEREAS,the City has offered the Property for sale to the public and has received an offer
to purchase the Property,subject to the City's need for utility and trail easements,for the amount of
$173,400, which is the best offer received by the City for the Property; and
WHEREAS,the foregoing offer equals the estimated fair market value of the Property; and
WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell interests
in real property owned in the name of the City, provided that the City Council first finds, by
ordinance, that such sale or other disposition is in the best interests of the City; and
WHEREAS, Section 23-111 also requires that,with respect to real property which is part of
the City's electric utility system,the Council must find that the disposition will not materially impair
the viability of the utility system as a whole and that it will be for the benefit of the citizens of the
City.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the sale of the Property for the sum of One Hundred Seventy-three Thousand
Four Hundred Dollars($173,400)is in the best interest of the City and represents the estimated fair
market value of the Property.
Section 2. That the sale of the Property will not materially impair the viability of the City's
electric utility system as a whole and will be for the benefit of the citizens of the City.
Section 3. That the proceeds derived by the City for the sale of the Property shall be
• allocated to the Light and Power Fund.
Section 4. That the Mayor is authorized to execute such documents of conveyance as are
necessary for the City to sell and convey the Property on the terms and conditions described above.
Introduced, considered favorably and ordered published this 20th day of April, A.D. 1999,
and to be presented for final passage on the 18th day of May, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed on final reading this 18th day of May, A.D. 1999
Mayor
ATTEST:
City Clerk
EXHIBIT A
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY
LOCATED AT THE INTERSECTION OF PROSPECT ROAD AND TIMBERLINE ROAD TO
BE SOLD
A tract of land located in the Northeast Quarter of Section 19,
Township 7 North, Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also a portion of that certain tract of land as described in a Rule
and Order recorded May 3, 1973 in Book 1552 at Page 62 records of
the Clerk and Recorder of the said Larimer County, more
particularly described as follows;
Commencing at the northeast corner of the said Section 19;
THENCE along the north line of the said northeast quarter,
South 89 degrees 18 minutes 14 seconds West for a distance of
924.83 feet to the east line of the Union Pacific Subdivision No.
1, a plat of record with the said Clerk and Recorder;
THENCE along the said east line of the Union Pacific
Subdivision No. 1, South 00 degrees 15 minutes 14 seconds West for
a distance of 50.01 feet to the south right of way of East Prospect
Road and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east line, and its southerly
prolongation, South 00 degrees 15 minutes 14 seconds West for a
distance of 458.00 feet to the existing centerline of Spring Creek;
THENCE along the said centerline of Spring Creek, the
following fifteen (15) courses and distances, (1) North 70 degrees
01 minutes 20 seconds East for a distance of 95. 64 feet;
(2) North 87 degrees 59 minutes 09 seconds East for a distance
of 24.10 feet;
(3) North 54 degrees 47 minutes 16 seconds East for a distance
of 21.15 feet;
(4) North 36 degrees 13 minutes 08 seconds East for a distance
of 19.33 feet;
(5) North 10 degrees 43 minutes 56 seconds East for a distance
of 11.91 feet;
(6) North 33 degrees 40 minutes 30 seconds East for a distance
of 18.72 feet;
(7) North 65 degrees 38 minutes 32 seconds East for a distance
of 61.13 feet;
(8) North 73 degrees 27 minutes 45 seconds East for a distance
of 47.34 feet;
(9) North 71 degrees 07 minutes 34 seconds East for a distance
of 23.65 feet;
(10) North 65 degrees 29 minutes 10 seconds East for a
distance of 125.01 feet;
(11) North 77 degrees 56 minutes 43 seconds East for a
distance of 53.17 feet;
(12) South 74 degrees 49 minutes 49 seconds East for a
distance of 40. 66 feet;
(13) South 72 degrees 02 minutes 12 seconds East for a
distance of 18. 50 feet;
(14) North 76 degrees 23 minutes 54 seconds East for a
PAGE 1 OF 4
distance of 20. 69 feet;
(15) North 63 degrees 31 minutes 20 seconds East for a
distance of 6. 00 feet to the westerly right of way of the Great
Western ( Colorado and Southern) Railroad;
THENCE along the said westerly railroad right of way, along a
non-tangent curve to the right having a radius of 2914.94 feet a
central angle of 05 degrees 54 minutes 19 seconds and an arc length
of 300.44 feet, being subtended by a chord of North 24 degrees 15
minutes 51 seconds West for a distance of 300. 30 feet to the said
south right of way of East Prospect Road;
THENCE along the said south right of way, South 89 degrees 18
minutes 14 seconds West for a distance of 401.37 feet to the point
of beginning. Containing 3.726 Acres more or less.
The above described tract 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. 14USCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
PAGE 2 OF 4
• DESCRIPTION OF A PERMANENT UTILITY EASEMENT TO BE RETAINED BY THE
CITY OF FORT COLLINS
A Permanent Utility Easement located in the Northeast Quarter of
Section 19, Township 7 North, Range 68 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also a portion of that certain tract of land as
described in a Rule and Order recorded May 3, 1973 in Book 1552 at
Page 62 records of the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
Commencing at the northeast corner of the said Section 19;
THENCE along the north line of the said northeast quarter,
South 89 degrees 18 minutes 14 seconds West for a distance of
924 .83 feet to the east line of the Union Pacific Subdivision No.
1, a plat of record with the said Clerk and Recorder;
THENCE along the said east line of the Union Pacific
Subdivision No. 1, South 00 degrees 15 minutes 14 seconds West for
a distance of 50.01 feet to the south right of way of East Prospect
Road and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east line, and its southerly
prolongation, South 00 degrees 15 minutes 14 seconds West for a
distance of 458.00 feet to the existing centerline of Spring Creek;
THENCE along the said centerline of Spring Creek, North 70
degrees 01 minutes 20 seconds East for a distance of 10. 66 feet to
a line which is 10. 00 feet (measured at right angles) east of and
parallel with the said east line of the Union Pacific Subdivision
No. 1;
THENCE along the said parallel line, North 00 degrees 15
minutes 14 seconds East for a distance of 345. 14 feet;
THENCE South 89 degrees 44 minutes 46 seconds East for a
distance of 40.00 feet;
THENCE North 00 degrees 15 minutes 14 seconds East for a
distance of 110.00 feet to the said south right of way of East
Prospect Road;
THENCE along the said south right of way, South 89 degrees 18
minutes 14 seconds West for a distance of 50. 01 feet to the point
of beginning. Containing 8949 square feet more or less.
The above described tract 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
• PAGE 3 of 4
DESCRIPTION OF A PERMANENT BIKE, HIKING, EQUESTRIAN TRAIL EASEMENT
TO BE RETAINED BY THE CITY OF FORT COLLINS
A Permanent Bike, Hiking, Equestrian Trail Easement located in the
Northeast Quarter of Section 19, Township 7 North, Range 68 West of
the Sixth Principal Meridian, City of Fort Collins, Larimer County,
Colorado, the said easement is also a portion of that certain tract
of land as described in a Rule and Order recorded May 3, 1973 in
Book 1552 .at Page 62 records of the Clerk and Recorder of the said
Larimer County, more particularly described as follows;
Commencing at the northeast corner of the said Section 19;
THENCE along the north line of the said northeast quarter,
South 89 degrees 18 minutes 14 seconds West for a distance of
924.83 feet to the east line of the Union Pacific Subdivision No.
1, a plat of record with the said Clerk and Recorder;
THENCE along the said east line of the Union Pacific
Subdivision No. 1, South 00 degrees 15 minutes 14 seconds West for
a distance of 50.01 feet to the south right of way of East Prospect
Road;
THENCE along the said south right of way, North 89 degrees 18
minutes 14 seconds East for a distance of 364.71 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE leaving the said south right of way, South 05 degrees
19 minutes 46 seconds West for a distance of 223.48 feet;
THENCE South 16 degrees 18 minutes 54 seconds West for a
distance of 39.03 feet;
THENCE South 1S degrees 14 minutes 01 seconds West for a
distance of 51.87 feet to the existing centerline of Spring Creek;
THENCE along the said centerline of Spring Creek, North 65
degrees 29 minutes 10 seconds East for a distance of 40.85 feet;
THENCE leaving the said centerline, North 18 degrees 14
minutes 01 seconds East for a distance of 24.64 feet;
THENCE North 16 degrees 18 minutes 54 seconds East for a
distance of 42.41 feet;
THENCE North 05 degrees 19 minutes 46 seconds East for a
distance of 229.53 feet to the said south right of way of East
Prospect Road;
THENCE along the said south right of way, South 89 degrees 18
minutes 14 seconds West for a distance of 30.17 feet to the point
of beginning. Containing 9164 square feet more or less.
The above described tract 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
PAGE 4 of 4
City Sale to
Anchor Development
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OI T Y PROPERTY TO BE SOLD
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NOT-:
THIS 5KETCH AND THE AREAS
5MOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
MONUMENTED 50UNDARY SURVEY.
N I S - NE CORNER
MAY 20. 1998 19-7-68
EAST PROSPECT ROAD
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