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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/03/2015 - ITEMS RELATING TO PINERIDGE NATURAL AREA ENCROACHMAgenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY March 3, 2015 City Council STAFF Mark Sears, Natural Areas Program Manager Tawnya Ernst, Real Estate Specialist III SUBJECT Items Relating to Pineridge Natural Area Encroachments. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard. B. Second Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Sharon and David Bottoms. C. Second Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Mark and Leslie Haynam. D. Second Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack. E. Second Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter. F. Second Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Ward and April Whicker. The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property owners who have significant and long standing encroachments on Pineridge Natural Area are requesting that City Council approve selling them the land they are encroaching upon. While this is highly unusual and certainly not something Natural Areas would normally recommend, both Natural Areas staff and the Land Conservation and Stewardship Board are recommending approval due to the unique circumstances. These Ordinances were adopted on First Reading on February 17, 2015, by a vote of 6-1 (nays: Overbeck) STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. Agenda Item 20 Item # 20 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summary, February 17, 2015 (w/o attachments) (PDF) 2. Ordinance No. 022, 2015 (PDF) 3. Ordinance No. 023, 2015 (PDF) 4. Ordinance No. 024, 2015 (PDF) 5. Ordinance No. 025, 2015 (PDF) 6. Ordinance No. 026, 2015 (PDF) 7. Ordinance No. 027, 2015 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Mark Sears, Natural Areas Program Manager Tawnya Ernst, Real Estate Specialist III SUBJECT Items Relating to Pineridge Natural Area Encroachments. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard. B. First Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Sharon and David Bottoms. C. First Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Mark and Leslie Haynam. D. First Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack. E. First Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter. F. First Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City-Owned Property at Pineridge Natural Area to Ward and April Whicker. The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property owners who have significant and long standing encroachments on Pineridge Natural Area are requesting that City Council approve selling them the land they are encroaching upon. While this is highly unusual and certainly not something Natural Areas would normally recommend, both Natural Areas staff and the Land Conservation and Stewardship Board are recommending approval due to the unique circumstances. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. Natural Areas staff recommends that City Council sell six parcels of land from the Pineridge Natural Area to six residential property owners in the Quail Ridge Subdivision to resolve long standing and significant encroachments onto the Natural Area due to unique circumstances described in detail below. BACKGROUND / DISCUSSION Natural Areas has 44 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: ATTACHMENT 1 Agenda Item 9 Item # 9 Page 2 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 1) 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 in 2011 to only 10 violations in 2014. 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 unique encroachments. Some of these encroachments have 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 typical approach) or (B) a request to City Council to sell them the land on which they are encroaching (which is not an option Natural Areas would normally recommend or even consider). Staff is willing to recommend Option B for several reasons:  most of the encroachments have been there close to 20 years;  they include extensive, valuable and mature landscaping; and  four of the encroachments are on land Natural Areas prefers not to own due to their awkward shape and location. Three of the nine owners decided it was less expensive and relatively easy to remove their encroachments. Six of the owners decided to request a sale, four of these being parcels Natural Areas prefers not to own. 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 have 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 is approved by Council. The property owners have been fully informed that if Council denies their requests they will forfeit the $1,250 they paid up front. To minimize the costs to the property owners, staff and the property owners chose to avoid the cost of appraisals, which would have cost more than the land value. The property owners agreed to have Real Estate Services determine the land values for each parcel and each property owner has agreed to the values. Each of the encroachments and requested land sales are described below: A. 3212 Alumbaugh Court - Tom and Sandra Gerrard - Area = 3,258 SF Cost = $3,315 The Gerrards have owned this property for about 4 years. The previous owner showed them the encroachment, so they were fully aware and eager to resolve the encroachment. They prefer to acquire the land and Natural Areas prefers not to own it. As shown on Attachment 2 for 3200 and 3212 Alumbaugh Court, it is an awkward and unusual property for Natural Areas to own and it has an irrigation pipe easement across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 3,258 square feet of land Agenda Item 9 Item # 9 Page 3 since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $815 Land Value = $3,315. B. 3200 Alumbaugh - Sam and Sharon Bottoms - Area = 5,502 SF Cost = $3,876 The Bottoms have owned this property for about 10 years. They were aware of the encroachment and thought that since the encroachment had been that way for so long the City was comfortable with their landscaping and maintenance. They were eager to resolve the encroachment and prefer to acquire the land. Natural Areas prefers not to own this parcel. As shown on Attachment 2 for 3200 and 3212 Alumbaugh Court, it is an unusual and awkward property for Natural Areas to own and it has an irrigation pipe easement across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 5,502 square feet of land since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,376 Land Value = $3,876. C. 2830 Skimmerhorn Street - Mark and Leslie Haynam - Area = 6,945 SF Cost = $4,236 The Haynams are the original owners and have owned this property for about 20 years. They were not aware of their encroachment. They relied on their builder and landscaper to layout their yard and fencing. They have also been maintaining (mowing and controlling weeds) City-owned land adjacent to them since they believed that no one else was maintaining it. They are eager to resolve the encroachment and are willing to purchase the land that they have been maintaining for years, thus they have elected to request that Council sell them the land they were encroaching on, as well as the land they have been maintaining. Natural Areas prefers not to own any of this land. As shown in Attachment 2 for 2830 Skimmerhorn Street, it is an unusual an awkward property for Natural Areas to own and it has an irrigation pipe easement across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 6,945 square feet of land since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,736 Land Value = $4,236. D. 2912 Skimmerhorn - Barry Johnson and Jane Pollock - Area = 6,840 SF Cost = $4,210 They have owned this property for about 1 year. They were not aware of the encroachment as they had not had the property surveyed prior to purchase. They wish to purchase the land and Natural Areas prefers not to own. As shown in Attachment 2 for 2912 Skimmerhorn Street, it is an unusual and awkward property for Natural Areas to own. It also has a drainage easement and drainage channel across the parcel. Real Estate Services has placed a value of $0.25 per square foot on the 6,840 square feet of land since it is not developable due to the irrigation line easement. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,710 Land Value = $4,210. E. 2924 Skimmerhorn - Martin and Judy Gutschenritter - Area = 1,350 SF Cost = $3,850 The Gutschenritters have owned this property for about 1 year. They were not aware of the encroachment as they did not have the property surveyed prior to purchase. They would like to purchase the land. This parcel is not land that Natural Areas would ordinarily wish to sell to an adjoining landowner; however staff is recommending the sale since the encroachment is very mature landscaping that has been there for approximately 20 years. As shown in Attachment 2 for 2924 Skimmerhorn Street, their encroachment is directly onto Pineridge. Real Estate Services has placed a value of $1.00 per square foot on the 1,350 square feet of land since it is developable land. Total Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,350 Land Value = $3,850. F. 2954 Skimmerhorn - April and Ward Whicker - Area = 1,417 SF Cost = $3,917 The Whickers have owned this property for a long time. They were not aware of the encroachment as they had not had the property surveyed when they constructed their fence. They evidently made a mistake when they measured their boundary themselves and installed the fence. They are eager to resolve the encroachment and wish to acquire the land. This parcel is not land that Natural Areas would ordinarily wish to sell to an adjoining landowner; however the encroachment is a well-constructed fence that has been in place over 8 years and Agenda Item 9 Item # 9 Page 4 was constructed at the toe of a steep slope in a very appropriate location for both the property owner and for Natural Areas maintenance. As shown in Attachment 2 for 2954 Skimmerhorn Street, their encroachment is directly onto Pineridge. Real Estate Services has placed a value of $1.00 per square foot on the 1,417 square feet of land since it is developable land. Total Approximate Cost to Acquire Land: $1,000 Admin Fee + $1,500 Survey Fee + $1,417 Land Value = $3,917. CITY FINANCIAL IMPACTS Natural Areas will be made financially whole. The property owners are paying for the estimated costs to process their request to Council; they are paying for the estimated costs to survey the encroachments and to prepare the legal descriptions; and they are paying for the fair market value of the land they are purchasing. Total costs to be collected from the six property owners: $8,403 Land Value + $6,000 Administrative Fees + $9,000 Survey Costs = $23,403. Staff determined that the sale these six small parcels would have no social impacts other than the obvious benefits to the six residential property owners; and the sale of approximately ½ acre of natural area will have minimal environmental impact, since the land is landscaped mostly in native vegetation and serves as wildlife habitat. BOARD / COMMISSION RECOMMENDATION At its January 14, 2015 meeting, the Land Conservation and Stewardship Board unanimously approved a recommendation that City Council sell six parcels of land from the Pineridge Natural Area to six residential property owners in the Quail Ridge Subdivision to resolve long standing and significant encroachments onto the natural area. PUBLIC OUTREACH Natural Areas staff met with each of the involved residential land owners on many occasions to discuss their encroachments and the options available to them and staff discussed the encroachments and options being offered to the residents with the Land Conservation and Stewardship Board on several occasions. ATTACHMENTS 1. Natural Areas Encroachment Policy (PDF) 2. Vicinity Map, Parcel Location Map, and Parcel Maps (PDF) 3. Land Conservation and Stewardship Board Minutes, January 14, 2015 (PDF) - 1 - ORDINANCE NO. 022, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO THOMAS AND SANDRA GERRARD WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge 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 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Thomas and Sandra Gerrard (the “Gerrards”); and WHEREAS, City staff met 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, the Gerrards were aware of the encroachment, consisting of mature landscaping, as it existed when they purchased their property, and they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Gerrards is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel is an awkward strip of land between several parcels of private property and a street and is burdened by an irrigation pipe running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, the Gerrards have agreed to pay a total of $3,315 for the Encroachment Parcel, consisting of $815 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 City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously 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 finds that the conveyance of the Encroachment Parcel to Thomas and Sandra Gerrard as provided herein is in the best interests of the City. Section 2. 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 February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk &9)*#*5" &9)*#*5"DPOUJOVFE - 1 - ORDINANCE NO. 023, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO SHARON AND DAVID BOTTOMS WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge 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 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Sharon and David Bottoms (the “Bottoms”); and WHEREAS, City staff met 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, the Bottoms were aware of the encroachment, consisting of landscaping, but assumed the City had no objection to it as it had been in place for so long; they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Bottoms is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel is an awkward strip of land between several parcels of private property and a street and is burdened by an irrigation pipe running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, the Bottoms have agreed to pay a total of $3,876 for the Encroachment Parcel, consisting of $1,376 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 City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously 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 finds that the conveyance of the Encroachment Parcel to Sharon and David Bottoms as provided herein is in the best interests of the City. Section 2. 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 February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk &9)*#*5" &9)*#*5"DPOUJOVFE - 1 - ORDINANCE NO. 024, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MARK AND LESLIE HAYNAM WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge 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 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Mark and Leslie Haynam (the “Haynams”); and WHEREAS, City staff met 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, the Haynams were not aware of the encroachment, consisting of mature landscaping, as they are the original owners of their property and had relied on their builder and landscaper to lay out their yard and fencing twenty years ago; and WHEREAS, the Haynams have also been maintaining another strip of City-owned land adjacent to them, as they thought no one was maintaining it, and they would like to purchase all the land they have been maintaining; and WHEREAS, the portion of the City Property that would be conveyed to the Haynams is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel is a small, awkward piece of property bordered by two parcels of private property and a street and is burdened by an irrigation pipeline running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, the Haynams have agreed to pay a total of $4,236 for the Encroachment Parcel, consisting of $1,736 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 City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and - 2 - WHEREAS, the Land Conservation and Stewardship Board voted unanimously 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. 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 Encroachment Parcel to Mark and Leslie Haynam as provided herein is in the best interests of the City. Section 2. 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 February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk &9)*#*5" &9)*#*5"DPOUJOVFE - 1 - ORDINANCE NO. 025, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO BARRY JOHNSON AND JANE POLLOCK WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge 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 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Barry Johnson and Jane Pollock (the “Johnson and Pollock”); and WHEREAS, City staff met 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, Johnson and Pollock were not aware of the encroachment, consisting of landscaping, as they have only owned their property for a year and did not have it surveyed before purchasing it, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to Johnson and Pollock is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the Encroachment Parcel consists of a strip of land bordered by two parcels of private property and a street and is burdened by a drainage channel running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, Johnson and Pollock have agreed to pay a total of $4,210 for the Encroachment Parcel, consisting of $1,710 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 City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously 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 finds that the conveyance of the Encroachment Parcel to Barry Johnson and Jane Pollock as provided herein is in the best interests of the City. Section 2. 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 February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk &9)*#*5" &9)*#*5"DPOUJOVFE - 1 - ORDINANCE NO. 026, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MARTIN AND JUDITH GUTSCHENRITTER WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge 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 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Martin and Judith Gutschenritter (the “Gutschenritters”); and WHEREAS, City staff met 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, the Gutschenritters were not aware of the encroachment, consisting of landscaping, as they have only owned their property for a year and did not have it surveyed before purchasing it, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Gutschenritters is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the encroachment consists of very mature landscaping that has been in place for approximately 20 years; and WHEREAS, the Gutschenritters have agreed to pay a total of $3,850 for the Encroachment Parcel, consisting of $1,350 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 City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously 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 finds that the conveyance of the Encroachment Parcel to Martin and Judith Gutschenritter as provided herein is in the best interests of the City. Section 2. 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 February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk &9)*#*5" &9)*#*5"DPOUJOVFE - 1 - ORDINANCE NO. 027, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO WARD AND APRIL WHICKER WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Pineridge 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 2013 Natural Areas rangers discovered several significant encroachments onto the City Property by residents in the Quail Ridge Subdivision including Ward and April Whicker (the “Whickers”); and WHEREAS, City staff met 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, the Whickers were not aware of the encroachment, consisting of a fence and landscaping, as they did not have their property surveyed before constructing their fence, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Whickers is shown and described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Encroachment Parcel”); and WHEREAS, City staff would not normally consider or recommend conveying away Natural Areas property to resolve encroachments, but the encroachment consists of a well- constructed fence at the toe of a steep slope that makes an appropriate and convenient boundary between the City Property and the Whickers’ property; and WHEREAS, the Whickers have agreed to pay a total of $3,917 for the Encroachment Parcel, consisting of $1,417 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 City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, irrigation or other easements needed to accommodate existing City facilities; and WHEREAS, the Land Conservation and Stewardship Board voted unanimously 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 finds that the conveyance of the Encroachment Parcel to Ward and April Whicker as provided herein is in the best interests of the City. Section 2. 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 February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk &9)*#*5" &9)*#*5"DPOUJOVFE