HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2001 - RESOLUTION 2001-164 AUTHORIZING THE LEASE TO MARY AGENDA ITEM SUMMARY ITEM NUMBER: 23
DATE: December 18, 2001
FORT COLLINS CITY COUNCIL Helen Matson
STAFF: Mark Sears
SUBJECT:
Resolution 2001-164 Authorizing the Lease to Mary Michie Udall of City-owned Property Donated
by the Estate of Robert H. Udall
RECOMMENDATION:
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT:
There will be no revenue from this lease because it will be in lieu of a life estate in the property to
which the grantee, Mrs. Mary Michie Udall, is entitled. The Tenant will be responsible for all
utilities during the term of this lease. Maintenance will be handled through the Natural Resources
Department and paid by trust set aside solely for maintenance and repair of this property.
EXECUTIVE SUMMARY:
On July 17, 2001, the City Council approved Resolution 2001-95 authorizing the acceptance of a
donation from the estate of Robert H. Udall of 20.133 acres of land, including improvements, and
a cash donation of$125,000 for ongoing site maintenance. The donation also reserved a life estate
in part or all of the property for his widow, Mary Michie Udall. This is the second donation from
the Udall family. In 1996, Mr. Udall donated approximately 41 acres of land just west of this site.
Both tracts are located on the south end of Claymore Lake at the west end of Michaud Lane and
northeast of the Reservoir Ridge Natural Area. Both areas have been donated to be used as a natural
area/nature center.
Mrs.Udall has decided not to retain a life estate. Her decision is based on her desire to have Natural
Resources commence using this property as a natural area/nature center as soon as possible.
However, Mrs. Udall does want to utilize the property until September 30, 2002. The closing for
this donation is scheduled for December 20. Staff is recommending the City Council approve a
lease to Mrs. Udall for the period of December 21,2001 through September 30,2002. Because this
lease will replace a life estate interest to which Mrs. Udall is entitled, staff is recommending that
there be no charge for this lease.
RESOLUTION 2001-164
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASE TO MARY MICHIE UDALL
OF CITY-OWNED PROPERTY DONATED BY THE ESTATE OF
ROBERT H. UDALL
WHEREAS, on December 20, 2001,the City of Fort Collins will become the owner of the
property in Larimer County, Colorado and more particularly described on Exhibit "A", attached
hereto, which is located at the west end of Michaud Lane and is northeast of the Reservoir Ridge
Natural Area(the "Property"); and
WHEREAS, the Property has been donated to the Natural Areas program by the estate of
Robert H.Udall,subject to a reservation of a life estate for Mary Michie Udall,which donation was
approved by the City Council on July 17, 2001, with the adoption of Resolution 2001-95; and
WHEREAS, Mrs. Udall has elected not to exercise her right to a life estate in the Property,
but rather has requested that she be allowed to use the Property until September 30, 2002; and
WHEREAS,City staff has negotiated a lease for the Property to allow Mrs.Udall to remain
on the Property for the period of December 21, 2001 through September 30, 2002; and
WHEREAS, because Mrs. Udall is foregoing a life estate in the Property, staff is
recommending that there be no charge to her for the lease of the Property; and
WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is
authorized to lease any and all interests in real property owned in the name of the City for a period
of two years of less,provided that Council first approves such lease by the adoption of a resolution
finding that the lease is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the lease of the Property described on Exhibit
"A" under the terms listed above is in the best interests of the City of Fort Collins.
Section 2. That the Mayor be authorized to execute a Lease Agreement consistent with the
terms of this Resolution, together with such additional terms and conditions as the City Manager,
in consultation with the City Attorney, determines to be necessary or appropriate to protect the
interests of the City or to effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the City Council held this 18th day of December,
A.D. 2001.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
DESCRIPTION OF THE UDALL PROPERTY TO BE ACQUIRED BY THE CITY OF FORT
COLLINS
A tract of land located in the Northeast Quarter of Section 6,
Township 7 North, Range 69 West, and in the Southwest Quarter of
Section 32 Township 8 North, Range 69 West, and in the Southeast
Quarter of Section 31 Township 8 North, Range 69 West all of the
Sixth Principal Meridian, Larimer County, Colorado, the said tract
is also that certain tract of land described as Tract "C" in a
Personal Representatives Deed recorded July 5 , 1994 at Reception No.
94056579 records of the Clerk and Recorder of the said Larimer
County, being more particularly described as follows ;
Considering the north line of the northeast quarter of the northeast
quarter of the said Section 6 as bearing North 89 degrees 40 minutes
52 seconds West between a 2" BLM brass cap witness monument to the
northeast corner of the said Section 6 and a 2 %" aluminum monument
at the East 1116 corner on the south line of the said Section 31,.
based upon GPS observation, and with all bearings contained hear in
relative thereto;
Commencing at the northeast corner of the said Section 6, the
said northeast corner is also the TRUE POINT OF BEGINNING of this
description;
THENCE South 66 degrees 30 minutes 31 seconds West for a
distance of 1427. 84 feet (previously recorded as 1428 . 08 feet) to
the west line of the said northeast quarter of the northeast quarter
of the said Section 6;
THENCE along the said west line, North 00 degrees 43 minutes 07
seconds East for a distance of 576 .45 feet to the said northwest
corner of the northeast quarter of the northeast quarter of Section
6;
THENCE along the west line of the southeast quarter of the
southeast quarter of the said Section 31, North 00 degrees 19
minutes 43 seconds East for a distance of 460 . 00 feet;
THENCE leaving the said west line, North 69 degrees 40 minutes
17 seconds West for a distance of 375 . 00 feet;
THENCE North 00 degrees 19 minutes 43 seconds East for a
distance of 270 . 00 feet;
THENCE South 89 degrees 40 minutes 17 seconds East for a
distance of 375 . 00 feet to the said west line of the southeast
quarter of the southeast quarter of Section 31;
THENCE along the said west line, North 00 degrees 19 minutes 43
seconds East for a distance of 567. 60 feet (previously recorded as
574 . 04 feet) to the northwest corner of the southeast quarter of the
southeast quarter of the said Section 31;
THENCE along the north line of the said southeast quarter of
the southeast quarter of Section 31, South 89 degrees 47 minutes 04
seconds East for a distance of 353 . 82 feet to the boundary of the
Claymore Lake as shown in the said Tract "C° description recorded at
Reception No. 94056579;
THENCE along the said boundary the following Twelve (12)
courses and distances, (1) South 22 degrees 44 minutes 56 seconds
PAGE 1 OF 3
EXHIBIT •A'
West for a distance of 117.56 feet;
(2) South 34 degrees 08 minutes 56 seconds West for a distance
of 162 .60 feet;
(3) South 07 degrees 02 minutes 56 seconds West for a distance
of 219.40 feet;
(4) South 01 degrees 17 minutes 04 seconds East for a distance
of 226. 00 feet;
(5) South 19 degrees 49 minutes 04 seconds East for a distance
of 328 .40 feet;
(6) South 01 degrees 17 minutes 04 seconds East for a distance
of 357. 00 feet;
(7) South 59 degrees 32 minutes 04 seconds East for a distance
of 419 .00 feet;
(8) North 48 degrees 55 minutes 56 seconds East for a distance
of 362 .10 feet;
(9) North 52 degrees 47 minutes 56 seconds East for a distance
of 388.30 feet;
(10)North 39 degrees 44 minutes 36 seconds East for a distance
of 65.04 feet;
(11) North 45 degrees 03 minutes 56 seconds East for a distance
of 308.25 feet;
(12) South 89 degrees 40 minutes 04 seconds East for a distance
of 127. 70 feet to the centerline of the Pleasant Valley and Lake
Canal as shown in the said Tract „C„ description recorded at
Reception No. 94056579;
THENCE along the said centerline, the following five (5)
courses and distances, (1) South 03 degrees 55 minutes 56 seconds
West for a distance of 95 .75 feet;
(2) South 17 degrees 25 minutes 56 seconds West fora distance
of 99.80 feet;
(3) South 34 degrees 09 minutes 56 seconds West for a distance
of 172 .90 feet;
(4) South 43 degrees 08 minutes 56 seconds West for a distance
of 111 .97 feet;
(5) South 55 degrees 02 minutes 56 seconds West for a distance
of 144 , 85 feet (previously recorded as 156 .27 feet) to the south
line of the said southwest quarter of Section 32;
THENCE along the said south line, North 89 degrees 12 minutes
13 seconds West for a distance of 21. 93 feet (previously recorded as
9.38 feet) to the point of beginning. Containing 20 .133 Acres
(previously recorded as 20 .284 acres) more 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 2 OF 3
EXHIBIT "W
Page 3- ,of 3
LOCATION SKETCH
UDALL PROPERTY
TO BE ACQUIRED BY THE CITY OF FORT COLLINS
N
NW CORNER S89'47'040E
NW OF SE OF SE 353.82'
31-8-69
522'44'56"W
w 117.56'
a o S34'O8'S6"W
01 162.60'
z S07'O2'56"W N T S
219.40'
S89'4O'17"E ULY 6, 2001
375.00' S01'17'O4"E
b 226.00'cn
4Dke
N " �'0 107 ote
z N894017_W A a
375.00' I
a
o �
w
ao/ Q
� c w
o a $ a 20.133 ACRES �6F'
z r; tti�
WEST LINE�� n ayti
SE OF SE
32-8-69 w Ss9 $�
0 3?O4" as �6 GvQ��IP�P\
F JP G
O \42�9k NORTHEAST CORNER VP��
z �0 51 8 6-7-69
WEST LINE 56Ci
NE OF NE
6-7-69
1D N39'44'36"E -65.04' (2) S43'08'56"W -111,97'
® N45'03'56"E -308.25' ® S55'O2'56"W -144.85'
® S89'40'04"E -127.70' ® N89'12'13"W -21.93'
® SO3'55'56"W -95.75'
THIS SKETCH AND THE AREAS ® $17'25'S6"W -99.80'
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY, ® S34'09'56"W -172.90'
0 00 NOT REPRESENT A
NUYENTED BOUNDARY SURVEY.
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UDALL LEASE
LOCATION MAP
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- UDALL LEASE PROPERTY N
A