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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2007 - FIRST READING OF ORDINANCE NO. 026, 2007, AUTHORIZ ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Dan Mattson James P. Hyland SUBJECT First Reading of Ordinance No. 026, 2007, Authorizing the Conveyance of Certain Real Property In Section 6, Township 7 North, Range 68 West. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY The City of Fort Collins owns a small strip of ground, totaling 4,118 square feet, located north of a fence constructed at some time in the distant past. Lindenwood Home Owners Association owns land abutting this small strip to the north. The City is constructing the East Vine Diversion Channel on the south side of the present fence. By transferring this strip of land to the Lindenwood Home Owners Association, the City will no longer have any responsibility to maintain or mow the strip, nor have any liability exposure for occupation or use of that land or the fence bounding it. The conveyance of this property to Lindenwood Home Owners Association is partial consideration for the acquisition of a Permanent Storm Water Easement on land belonging to the Association for the construction of a portion of the East Vine Diversion Channel. BACKGROUND In 2005,the City began the Dry Creek Drainage Improvement Project,by initiating the construction of the East Vine Diversion Channel. This channel was designed to go over and across land belonging to Lindenwood Home Owners Association(the"Association")and across land belonging to Donald and Beverly Weiss,which property abutted land belonging to the Association to the south. Records in the Office of the Clerk and Recorder of Larimer County, Colorado, showed that the boundary between the Weiss property and the Association property was a segment of a section line using customary legal descriptions of"Section, Township and Range." However, a fence had been erected by an unknown previous owner at some time in the past. The fence was not on the section line segment, but seven to ten and one-half feet south of that described boundary. The proposed channel is to be constructed along the southern edge of the fence line on a tract of land purchased from Donald and Beverly Weiss. At the time that land was purchased for the storm water channel, the City also obtained a Quit Claim Deed from Donald and Beverly Weiss to the strip of ground between the northern edge of the proposed channel, which coincides with the fence line described above, and the section line segment shown in the official records of Larimer County, Colorado. By February 6, 2007 -2- Item No. 28 accepting delivery of that Quit Claim Deed, the City eliminated and extinguished any possible present or future claim by Donald and Beverly Weiss,or previous owners of the Weiss property, to that 4,118 square foot strip of land,by legal authority of deeds of conveyance or prescriptive right. When the City conveys that same 4,118 strip of land to the Association,the landowner to the north of the Weiss property, the City will release all right,title and interest in and to that strip of land and any or all responsibility for upkeep, maintenance, mowing or liability for either the occupation or use of the land or the fence bounding said tract. Those obligations will then be assumed by the Association. The strip of ground referenced above is approximately 475 feet long, east to west, and approximately 101/2 feet wide on the western end and approximately 7 feet wide on the eastern end. The conveyance of this property,by Quit Claim Deed,is partial consideration to the Association for the acquisition of a Permanent Storm Water Easement over and across land belonging to the Association. ATTACHMENTS 1. Location Map ATTACHMENT 1 East Vine Diversion Channel Location Map In es ( <inaen�� F o 0 O 9 m C y < T N 1 y O N 3 O Kederike Property Kederike Property G D N Project Location ORDINANCE NO. 026, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN SECTION 6, TOWNSHIP 7 NORTH, RANGE 68 WEST WHEREAS, the City of Fort Collins is the owner of a 4,118 square foot tract of land (the "Property") shown on attached Exhibit "A," which is incorporated hereby by this reference; and WHEREAS, the Property was conveyed to the City by Donald and Beverly Weiss as a part of the Dry Creek Drainage Improvement Project—East Vine Diversion Channel; and WHEREAS, the City does not need fee title to the Property; and WHEREAS, currently the City is responsible for maintaining the Property and the fence running along the southern edge of said property; and WHEREAS, Lindenwood Home Owners Association is the adjoining property owner and is willing to take title to the Property and assume the responsibility to maintain it and the fence; and WHEREAS, the proposed conveyance of the Property would be partial consideration to Lindenwood Home Owners Association for the acquisition of a Permanent Storm Water Easement over and across land belonging to the Association; and WHEREAS, based on staffs review, the conveyance of the Property will not have any adverse effects to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City provided the Council first finds by ordinance that any sale or disposition of that real property owned by the City will not materially impair the viability of any City utility system as a whole, of which the Property is a part, will be for the benefit of the City's citizens, and will be in the best interests 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 finds that the conveyance of the Property to Lindenwood Home Owners Association is in the best interests of the City. Section 2. That conveyance of the Property will not materially impair the viability of the utility system as a whole and will be for the benefit of the citizens of the City. Section 3. That the Mayor is hereby authorized to execute documents necessary for the City to convey the Property to Lindenwood Home Owners Association, consistent with the terms of this Ordinance, together with such additional terms and conditions as the Mayor, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Section 4. That the Mayor is hereby authorized to correct any typographical errors found within any documents of conveyance contemplated by the language of this Ordinance, as the Mayor, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2007, and to be presented for final passage on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk Ranee consulting Inc 209 South Wdrum Street fart Collins Co 305 2 1-260 3 Tel:(970)482-5922 Fax:(970)482-6.366 stantec.=- Stantec ExHtBIT A DESCRIPTION A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range 68 West of the 6`I' Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows; Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being monumented at the Northwest Corner of Section 6 by a 3 ''/4" brass cap in range box stamped ''PLS 20123 , 1989" , and at the West '/A corner of Section 6 by an illegible 3 cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear, South 00°34'01" West , with all bearings herein relative thereto; COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01" West, 1971.13 feet along the West line of the Northwest Quarter of said Section 6, to the Southwest Comer of the North Half of the South Half of the North Half of said Section 6 as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of the records of Larimer County, Thence North 89°4173l" East, 2715.48 feet along the South line of the North Half of the South Half of the North Half of said Section 6, to the Southeast Comer of said Lindenwood Second Filing, also being the Southwest Comer of Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Larimer County; Thence North 89°41'31" East, 1189.55 feet along the South line of the North Half of the South Half of the North Half of said Section 6 and the South line of said Lindenwood Third Filing, to the Northwest Corner of that parcel described at Reception No.99038798, of the records of Larimer County to the TRUE POINT OF BEGINNING; Thence North 89°41'31" East, 475.10 feet alone the South line of Tract B of said Lindenwood Third Filing to the Northeast Comer of said parcel described at Reception No. 99038798, Thence South 00°5329" West, 6.64 feet alone the Easterly line of said parcel to an existing fence; Thence South 89'12708" West, 475.21 feet along a line which best approximates the location of an existing fence to the Westerly line of said parcel; Thence North 00°53'29" East, 10.70 feet ator- -,said Westerly line to the TRUE POINT OF BEGINNING: The above-described tract contains 4,118 square feet or 0.095 acres, more or less, and is subject to all easements and rights of way of record or existing. 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