HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2007 - FIRST READING OF ORDINANCE NO. 057, 2007, AUTHORIZ ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: April 17, 2007
FORT COLLINS CITY COUNCIL STAFF: 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
The Land Conservation and Stewardship Board and staff recommend adoption of the Ordinance on
First 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.
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 of the Bobcat Ridge Natural Area. These two parcels included a
total acreage of approximately 310 acres. The topography of the land in this area is irregular in
nature with steep ridge-lines and ravines. Philip and Connie Sprague own a neighboring parcel
known as parcel number 06220-00-018 that contains a fence and 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.
Bobcat Ridge Natural Area
Parcels To Be Conveyed to Sprague
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A
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 terms 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 passage on the 1 st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1 st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
PROPERTY DESCRIPTION
Exhibit-A
(1 of 2)
A parcel of land being part of the Southeast Quarter(SE1/4)of Section Twenty-two(22),
Township Six North (T.6NJ,Range Seventy West(R.70W.)of the Sixth Principal
Meridian(61"P.M.),County of Larimer.State of Colorado•being more particularly
described as follows:
COMMENCING at the Northwest Comer of said SEl/4 and assuming the North line of
said SEI/4 as bearing North 89020'56"East,being a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,with all other
bearings contained herein being relative thereto:
THENCE North 89020'56"East along said North line a distance of 47.44 feet to the
POINT OF BEGINNING;
THENCE continuing North 89c20'55"East a distance of 1322.77 feet to the Westerly line
of the Easterly 35 acres of the Northeast Quarter of the Southeast Quarter(NEI/4SEI/4)
of said Section 22 lying South of the Road as shown on the Land Survey Plat recorded at
reception number 20040111736 on November 22.2004:
THENCE South 00050'09"West along said Westerly line a distance of 47.25 feet:
THENCE South 86025'34"West a distance of 288.21 feet;
THENCE North 03c28'25"East a distance of 17.13 feet:
THENCE South 8701610" West a distance of 1000.39 feet;
THENCE North 24006'27"West a distance of 88.45 feet to the POINT OF
BEGINNING;
Said parcel of land contains 80,075 sq.ft.or 1.84 acres more or less(+/-),and is subject
to any rights-of-way or other easements of record as now existing on said described strip
of land.
SURVEYORS CERTIFICATE
I,Lawrence S.Pepek,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 correct to t nowledge and belief.
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Land Surveyor #33642
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
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PARCEL EXHIBIT A S.22-T.6N.-R.70W.
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KING SURVEYORS, INC. PROJECT NO:2005061
650 Garden Drive I Windsor,Colorado 80550 DATE: 12/6/2006
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PROPERTY IiESCRiP'['[0N
Exhibit-.g
(1 of 2)
A parcel of land being part of tha'Notthaest(2parterof the Southeast-
Quarter
(NE114SE114)of Section Twenty-two(22),Township Six North(TAN.),Range Seventy
Wen ULIQW.)of the Sixth Principal bteddian Wh P.W,County of LadoW,State of
Colorado,being mm pkdculWy desdUmA as follows:
COMMENCING at the Northwest Corner of the Southeast Quarter(SE1M)of said
Section 22 and assumingft Moftline of said SE114 as.bearing North 89e20'56"East,
being a grid bearingof the Colors&State Plane Coordinme Systern,North Zone,North.
Americanbatum 198392,with all other beatings contained herein being relativetheroto;
THENCE North 89"20'56"East alongsaid North line a distance of 137021 feet to the
Westerly line of the Easterly 33 acres of the NEIMSEV4lying South of the Road as
shown on the Land Survey Plat E.SP)recorded at reception mrmber20040111736 on
November 2Z,2004 end to the POINT OF BEOI MO,
THENCE continuing North$96201561 East a diannce.of 905.10 fees to the Eastedy line
of the parcel described in said LSP;
THENCE South 21653,99"East along;said Easterly line a distance of 1.01 feet;
THENCE.South W25340 West a distance of 90y.87 feat to said Westerly line;
THENCE.NoM 00050'09"East along said Westerly line a.distance of 47.2.5 feet to the
POINT OF 18180110INO;
Said parcel of land contains 21,806 sq.it more or less(+Q.and Is sobjeot to any tights-
of-mayor other easements of record as now axis ft on Bald descnbod strip of land.
SURVEYORS CERTIFICATE
1,Lawrence&Pepek,a Colorado Registered Professional Land Strveyor do hereby state
that this Property Description was prepared under my personal supervision and checking,
and that it Is true and correct to knowledge and belief.
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LiwfOMPepek-on King Sury Inc.
Col Reglateoe Prof •.
Land Surveyor 013642
ENO SURVEYORS,INC.
650 GsrdartDrive
Windsor,Colorado W550
(970)686-SOII
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