HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2007 - SECOND READING OF ORDINANCE NO. 057, 2007, AUTHORI ITEM NUMBER: 10
AGENDA ITEM SUMMARY DATE: May 1, 2007
CITY COUNCIL STAFF: Lindsay FORT COLLINS C y Kuntz
Mark Sears
SUBJECT
Second Reading of Ordinance No. 057, 2007,Authorizing the Conveyance of Two Small Tracts of
Land Located in the Bobcat Ridge Natural Area to Philip and Connie Sprague.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
During the acquisition of the Bobcat Ridge Natural Area, which involved a series of purchase and
sale transactions,it was discovered that the fence line of the neighboring parcel,owned by Philip and
Connie Sprague, encroached on the Natural Area property according to the legal description. This
Ordinance, unanimously adopted on First Reading on April 17, 2007, conveys the two small areas
of encroachment to the Spragues. The two tracts are 1.84 acres and .50 acres in size.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- April 17, 2007.
ATTACHMENT 1
ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: April 17, 2007
FORT COLLINS r?lLp. rFF: Lindsay Kuntz
Mark Sears
SUBJECT
First Reading of Ordinance No. 057, 2007, Authorizing the Conveyance of Two Small Tracts of
Land Located in the Bobcat Ridge Natural Area to Philip and Connie Sprague.
RECOMMENDATION
Board and staff recommend adoption of the Ordinance on
The Land Conservation and Stewardship o
First Reading.
EXECUTIVE SUMMARY
During the acquisition of the B%ea4idWaLea, w ' involved a series of purchase and
sale transactions, it was discovered that the fence line of the neighboring parcel, owned by Philip
and Connie Sprague, encroached on the Natural Area property according to the legal description.
As an effort to resolve this issue and clearly define the boundaries of the Natural Area, Natural
Resources Department staff recommends that the City recognize the fence line as the property line
and convey the two small areas of encroachment to the Spragues. The two tracts are 1.84 acres and
.50 acres in size.
BACKGROUND
On December 16,2003,the Natural Resources Department purchased two parcels ofpropertyknown
as parcel number 06220-00-017 and parcel number 06224-00-001 from the Virginia D. Pulliam
Marital Trust to include as part ofthe.Bob i at These two parcels included a
total acreage of approximatelCdrav
e Th p r y t land in this area is irregular in
nature with steep ridge-lines Phi onni Prague own a neighboring parcel
known as parcel number 0622 co i fence fence line that encroaches slightly
onto the areas described by the legal descriptions of the City-owned parcels described above. The
fence line has been in place for over fifty years; therefore City staff recommends recognizing the
fence line as the property line. Staff recommends conveying the two tracts of 1.84 acres and .50
acres in size to the adjacent property owners, Philip and Connie Sprague, because the conveyance
will resolve the encroachment and boundary issue and allow for the legal descriptions to accurately
describe the property boundaries that have been in existence for over 50 years.
ORDINANCE NO. 057, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TWO SMALL
PARCELS OF LAND LOCATED IN THE BOBCAT RIDGE
NATURAL AREA TO PHILIP AND CONNIE SPRAGUE
WHEREAS, the City of Fort Collins is the owner of a two parcels of land located within
Sections 15 and 22, Township 6 North, Range 70 West (the "Property") that the City purchased
in order to augment its holdings at the Bobcat Ridge Natural Area; and
WHEREAS, the Property contains a total of approximately 310 acres; and
WHEREAS, Philip and Connie Sprague own real property (the "Sprague Property") that
runs contiguous to the Property; and
WHEREAS, the Sprague Property contains a fence that encroaches onto the Property in
two relatively small areas (the "Areas"); and
WHEREAS, the fence line located on the Property owned by the Spragues has been in
place over 50 years; and
WHEREAS, the Areas contain approximately 1.84 acres and .50 acres, as described on
Exhibit "A"and Exhibit "B", attached hereto; and
WHEREAS, this fence line encroachment issue, which came to the attention of City staff
during the property acquisition process, can best be resolved by conveying the Areas to Philip
and Connie Sprague; and
WHEREAS, the Land Conservation and Stewardship Board considered and unanimously
approved the proposed conveyance of the Areas at its February 2007 meeting; and
WHEREAS, City staff has determined that the conveyance of the Areas will have no
adverse impact on the Property or the Bobcat Ridge Natural Area; 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 other 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 conveyance of the Property, consistent with the terms of this
Ordinance, will be for the benefit of the City's citizens and is in the best interest of the City of
Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey fee simple title of the Areas to Philip and Connie Sprague
upon the terns and conditions described above, and subject to such other terms and conditions as
the Mayor, in consultation with the City Attorney, determines to be necessary and in the best
interest of the City, including any necessary corrections to the legal descriptions thereof that do
not result in a material increase or change in character of the intended conveyance.
Introduced, considered favorably on first reading, and ordered published this 17th day of
April, A.D. 2007, and to be presented for final passage4Ma
ay of May, A.D. 200
ATTEST:
City Clerk
Passed and adopted on final reading on the 1st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk