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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/17/2017 - ITEMS RELATING TO CATHY FROMME PRAIRIE NATURAL AREAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 17, 2017 City Council STAFF Mark Sears, Natural Areas Program Manager SUBJECT Items Relating to Cathy Fromme Prairie Natural Area Encroachments. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 012, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Cathy Fromme Prairie Natural Area to Steven Jones. B. First Reading of Ordinance No. 013, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Cathy Fromme Prairie Natural Area to Frank and Lorenda Volker. C. First Reading of Ordinance No. 014, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Cathy Fromme Prairie Natural Area to Dane and Lynn Brandt. D. First Reading of Ordinance No. 015, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Cathy Fromme Prairie Natural Area to Barbara and Thomas Cynkar. E. First Reading of Ordinance No. 016, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Cathy Fromme Prairie Natural Area to Steven Huval. F. First Reading of Ordinance No. 017, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Cathy Fromme Prairie Natural Area to Robert and Yukari Samuel. G. First Reading of Ordinance No. 018, 2017, Authorizing the Conveyance of a Portion of City-Owned Property at Cathy Fromme Prairie Natural Area to Stephanie Yang and Scott LaVolette. The purpose of this item is to review and recommend the sale of seven small parcels of Cathy Fromme Prairie Natural Area Land, a total of 0.31 acres, to seven residents of the Fox Hills Subdivision to resolve long- standing and significant encroachments. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION In the fall of 2013, Natural Areas became aware that the City owned the Fox Hills Open Space; prior to that the City and Fox Hills Home Owners Association (HOA) thought that the land was owned and maintained by the HOA. In fact, the open space was conveyed to the City in 1996 by the developer for open space, a trail corridor, and stormwater drainage and detention. After about a year of internal discussion as to which City department should be responsible for managing the site, in 2015, Natural Areas agreed to take the lead and manage the 22-acre site as an addition to the adjoining Cathy Fromme Prairie Natural Area. Agenda Item 10 Item # 10 Page 2 In January 2016, a Memo of Understanding was signed by Natural Areas, Utilities, Parks and Streets regarding the management and maintenance of the open space, trail, drainage ways, detention ponds and adjoining streets. During the summer of 2016, Natural Areas rangers began the process of monitoring the site for encroachments. Twenty-four encroachments were discovered; eleven appeared to be significant and not easily removed. To date, all but seven of the encroachments have been resolved; the remaining seven property owners have requested that the City sell them the small parcels of land where they are encroaching. Natural Areas has 49 sites and an estimated 500 adjoining private properties. Over the years, it appeared the number of encroachments by these private property owners was increasing. The encroachments included: landscaping; fences; structures; composting; storage of RVs, vehicles, equipment, or materials; deposition of yard waste; and unauthorized vehicular access. To address these increasing encroachment issues, the Natural Areas Encroachment Policy was developed in 2011. The Policy defines what constitutes an encroachment; defines the City Codes that can be used to enforce encroachments; defines minor encroachments that may be tolerated; and defines the enforcement monitoring process and procedures for handling violations. (Attachment 3) Since 2011, rangers have made a more concentrated effort to monitor Natural Areas boundaries and take enforcement actions to remove encroachments. Over the last four years, the number of violations has dramatically dropped from 117 violations found in 2011 to only 13 violations found in 2016; not counting the encroachments found at Fox Hills. In 2013, rangers discovered several significant encroachments onto Pineridge Natural Area by residents in the Quail Ridge Subdivision. Staff purposely waited until all of the other known encroachments were resolved before addressing these unusual encroachments. Some of the encroachments had existed for 20 years since the properties were developed. Staff met with nine property owners and presented them with two options: (A) Removing the encroachment (which is the City’s typical approach) and (B) request that City Council sell them the land on which they were encroaching (which is not an option Natural Areas would normally recommend or even consider). Staff was willing to recommend Option B for several reasons: most of the encroachments had been there close to 20 years; they included extensive, valuable and mature landscaping; and four of the encroachments were on land Natural Areas preferred not to own due to their awkward shape and location. In January 2015, City Council, based upon staff and the Land Conservation and Stewardship Board’s recommendations, approved the sale of six parcels of land from Pineridge Natural Area to six residents to resolve their encroachments. Staff used the Natural Areas Utility Easement Policy as a procedural guide on how to handle the purchase requests to City Council. Per the Policy staff required each of the property owners to pay $1,000 in estimated administrative costs to process their request and $1,500 in estimated survey costs to survey the land they want to acquire. The property owners paid ½ of the administrative and survey costs upfront with the remaining half of those fees plus the value of the land due at closing if their request was approved by Council. The property owners were informed that if Council denied their requests they would forfeit the $1,250 they paid up front. Staff is using this same process to address the seven significant Fox Hill’s residents’ encroachments onto Cathy Fromme Prairie Natural Area. Each of the seven residents has paid $1,250 up front to fund the cost of administrating this request to Council. Each of the seven encroachments and associated improvements are higher in value than the underlying fee value of the land. Most of these encroachments have been in place for over 15 years, likely since the property was originally developed and landscaped. Most of the current owners were not the original owners and were not responsible for the encroachments. Since it was believed that the HOA owned this open space, many of the original property owners had received HOA approval to encroach, not realizing that the land was actually owned by the City. All seven of the residents appreciate the opportunity to request a land sale; however they fully understand that their request may be denied. Agenda Item 10 Item # 10 Page 3 Appraisals were not conducted, in part because they would have cost more than the value of the parcels. The property owners agreed to a value of $1.00 per square foot as determined by Real Estate Services. Each of the requested land sales are described below and shown on the attached exhibits: 2621 Luther Lane - Steven Jones - 601 SF - $3,101 Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $601 Land Value = $3,101. 2626 Luther Lane - Frank and Lorenda Volker - 2,208 SF - $4,708 Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $2,208 Land Value = $4,708. 2633 Black Fox Court - Dane and Lynn Brandt - 2,012 SF - $4,512 Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $2,012 Land Value = $4,512. 2626 Black Fox Court - Barbara and Thomas Cynkar - 3,235 SF - $5,735 Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $3,235 Land Value = $5,735. 4220 Red Fox Road - Steven Huval - 2,948 SF - $5,448 Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $2,948 Land Value = $5,448. 2627 Red Fox Court - Robert and Yukari Samuel - 556 SF - $3,056 Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $556 Land Value = $3,056. 4526 Red Fox Road - Stephanie Yang/Scott LaVolette - 2,223 SF - $4,723 Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $2,223 Land Value = $4,723 CITY FINANCIAL IMPACTS The $7,000 to be collected in administration fees will cover the cost of administrating these seven requests and the sale of the seven parcels; the $10,500 to be collected in surveying fees will cover the cost of surveying the seven parcels; and the $13,783 to be collected in land value will cover the fair market value of the 0.31 acres of land being sold. Total funds received will be $31,283. (The $8,750 received in upfront fees, $1,250 from each resident, has covered the staff administrative and survey costs to date.) BOARD / COMMISSION RECOMMENDATION At its December 14, 2016 meeting, the Land Conservation and Stewardship Board voted 8-1 to recommend that City Council approve the sale of seven small parcels of land from the Cathy Fromme Prairie Natural Area to seven residential property owners in the Fox Hills Subdivision to resolve long-standing and significant encroachments onto the natural area. (Attachment 4) PUBLIC OUTREACH Staff did not think it was appropriate or necessary to seek public input beyond the input received from the Land Conservation and Stewardship Board. ATTACHMENTS 1. Fox Hills Location Map (PDF) 2. Fox Hills Encroachments on Cathy Fromme Prairie Natural Area (PDF) 3. Natural Areas Encroachment Policy (PDF) 4. Land Conservation and Stewardship Board Meeting Minutes, December 14, 2016 (PDF) Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors Fox Hills Subdivision Location Created by City of Fort Collins Natural Areas - 2016 Fox Hills Subdivision City of Fort Collins NA Larimer County DNR City of Loveland NA CSU State of Colorado 0123 0.5 Miles ² ATTACHMENT 1 CATHY FROMME PRAIRIE NATURAL AREA Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community City of Fort Collins Natural Areas Department Project Area Fort Collins 0300 150 Feet Fox Hills Encroachments City of Ft. Collins Natural Areas Date Created: 1/3/2017 10:23:45 AM ¹ Fox Hills Subdivision - Cathy Fromme Prairie Natural Area Encroachments ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 ATTACHMENT 3 Land Conservation & Stewardship Board December 14, 2016 Meeting Minutes Excerpt Cathy Fromme Prairie Natural Area – Fox Hills Encroachments Mark Sears, Natural Areas Manager made a brief presentation regarding the proposal to sell seven small parcels of land to seven residential land owners of the Fox Hills Subdivision to resolve long-standing and significant value encroachments. Discussion: Trudy wanted to know if the property owners thought they were encroaching on HOA land and some board members were concerned that the City didn’t know these properties were encroaching. Mark explained that for over 15 years the HOA thought they owned and managed the open space and so did the City. Mark explained that many homeowners were very surprised that they were encroaching because the encroachment happened during prior ownership of the land. Many assumed the landscaping was part of the property they were purchasing. Mark explained some of the encroachments were fences, mostly landscaping, but some were retaining walls. Mark explained that the seven major encroachments collectively is less than ¼ of an acre. Mark explained that Ranger staff is doing a better job of monitoring our boundaries and we think we have found and resolved all of the encroachments; but there is always a chance we will find some. Kelly was concerned about the enforcement of the zero tolerance policy for encroachments and didn’t believe the president of the HOA didn’t know that the open space had been deeded back to the City. Mark explained that the HOA had applied for Natural Areas Enhancement grants for years and were awarded a number of enhancement grants. We thought the HOA owned it; they thought so and they managed it and used enhancement funds to plant trees and manage the property. Kelly was concerned about the price of the properties and where we get the dollar a square foot value. Mark explained that the $1 a square foot is about $43,000 an acre and that’s what the value of that land the City owns could be worth if it was sold, according to real estate services. Once they own it is worth a whole lot more to them because it’s part of their lot. Kelly wondered why there wasn’t an additional charge because they are gaining a lot in some cases, as described in the memo, 3,200 square feet. Why don’t we just get the amount for the land? Mark explained that the fair market value is still a dollar a square foot. Mark explained that due to the administrative and survey costs, the costs seemed fair. He felt these owners weren’t at fault since the previous owners were the ones that were initially encroaching. Some board members felt NAD should have asked more money for the property as ultimately the property owner increases the value of their homes. ATTACHMENT 4 Edward Reifsnyder made a motion that the Land Conservation and Stewardship Board recommends that City Council approve the sale of seven small parcels of land from the Cathy Fromme Prairie Natural Area to seven residential property owners in the Fox Hills Subdivision to resolve long-standing and significant encroachments onto the natural area. Joe Piesman seconded the motion. The motion was approved 6-1. -1- ORDINANCE NO. 012, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO STEVEN JONES WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Steven Jones; and WHEREAS, City staff discussed the situation with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including Mr. Jones, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to Mr. Jones is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, Mr. Jones has agreed to pay a total of $3,101 for the Encroachment Parcel, consisting of $601 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS, the Land Conservation and Stewardship Board voted to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all 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. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Steven Jones as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A -1- ORDINANCE NO. 013, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO FRANK AND LORENDA VOLKER WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Frank and Lorenda Volker (the “Volkers”); and WHEREAS, City staff discussed the situation with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including the Volkers, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to the Volkers is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, the Volkers have agreed to pay a total of $4,708 for the Encroachment Parcel, consisting of $2,208 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS, the Land Conservation and Stewardship Board voted to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the -2- City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Frank and Lorenda Volker as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A -1- ORDINANCE NO. 014, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO DANE AND LYNN BRANDT WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Dane and Lynn Brandt (the “Brandts”); and WHEREAS, City staff discussed the situation with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including the Brandts, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to the Brandts is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, the Brandts have agreed to pay a total of $4,512 for the Encroachment Parcel, consisting of $2,012 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS, the Land Conservation and Stewardship Board voted to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the -2- City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Dane and Lynne Brandt as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A -1- ORDINANCE NO. 015, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO BARBARA AND THOMAS CYNKAR WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Barbara and Thomas Cynkar (the “Cynkars”); and WHEREAS, City staff discussed the situation with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including the Cynkars, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to the Cynkars is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, the Cynkars have agreed to pay a total of $5,735 for the Encroachment Parcel, consisting of $3,235 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS, the Land Conservation and Stewardship Board voted to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and -2- WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Barbara and Thomas Cynkar as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A -1- ORDINANCE NO. 016, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO STEVEN HUVAL WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Steven Huval; and WHEREAS, City staff discussed the situation with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including Mr. Huval, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to Mr. Huval is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, Mr. Huval has agreed to pay a total of $5,448 for the Encroachment Parcel, consisting of $2,948 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS, the Land Conservation and Stewardship Board voted to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the -2- City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Steven Huval as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A -1- ORDINANCE NO. 017, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO ROBERT AND YUKARI SAMUEL WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Robert and Yukari Samuel (the “Samuels”); and WHEREAS, City staff discussed the situation with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including the Samuels, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to the Samuels is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, the Samuels have agreed to pay a total of $3,056 for the Encroachment Parcel, consisting of $556 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS, the Land Conservation and Stewardship Board voted to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and -2- WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Robert and Yukari Samuel as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A -1- ORDINANCE NO. 018, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO STEPHANIE YANG AND SCOTT LAVOLETTE WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie Natural Area (the “City Property”); and WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas Encroachment Policy, which defines what constitutes an encroachment on a natural area and how violations will be monitored and enforced; and WHEREAS, in 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Stephanie Yang and Scott LaVolette; and WHEREAS, City staff discussed the situation with the encroaching property owners and gave them the option of removing the encroachments or purchasing the portion of the City Property affected by the encroachments; and WHEREAS, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including Ms. Yang and Mr. LaVolette, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to Ms. Yang and Mr. LaVolette is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, Ms. Yang and Mr. LaVolette have agreed to pay a total of $4,723 for the Encroachment Parcel, consisting of $2,223 for the value of the property as determined by Real Estate Services, a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and WHEREAS, the Land Conservation and Stewardship Board voted to recommend that the City Council sell the Encroachment Parcel to resolve the encroachment issue; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the -2- City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Stephanie Yang and Scott LaVolette as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Encroachment Parcel on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Encroachment Parcel, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of February, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A