HomeMy WebLinkAbout017 - 02/07/2017 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA (2) 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
-1-
i y
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.
�OV FORT c0 Mayor
ATTEST: G :'•• • v,
SEAL
City C1erkl6kiL IlVi, t' "
L•••• •
LOR•AN
Passed and adopted on final reading on the 7th day of February, A.D. 2017.
11
'FORT co -
V SEXL ,N
Mayor
ATTEST: •.�oLo9 0
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City Clerk
2-
EXHIBIT A
DESCRIPTION OF A PORTION OF TRACT H, FOX HILLS SECOND FILING
OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER
OF LOT 5, FOX HILLS SECOND FILING
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING A PORTION OF
TRACT H, FOX HILLS SECOND FILING; AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF LOT 6, FOX HILLS SECOND
FILING AND CONSIDERING THE SOUTH LINE OF SAID LOT 6 TO BEAR
S89050'43"W AS SHOWN ON THE PLAT THEREOF, SAID LINE BEING
MONUMENTED ON ITS EAST END BY A NO. 4 REBAR WITH AN ORANGE
PLASTIC CAP STAMPED LS 5028, AND ON ITS WEST END BY A DRILLED HOLE
FILLED WITH CAULK IN THE CONCRETE SIDEWALK (FORMERLY THE
LOCATION OF A BRASS TAG) ON THE EXTENSION OF SAID SOUTH LINE AT A
POINT 8.00 FEET DISTANT FROM THE SOUTHWEST CORNER OF SAID LOT 6,
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF TRACT B, FOX HILLS SECOND FILING,
N89050'43"E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH LINE, N89°50'43"E, A DISTANCE OF
10.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT B;
THENCE S00009'17"E, A DISTANCE OF 23.00 FEET TO THE SOUTHWEST
CORNER OF LOT 5, FOX HILLS SECOND FILING;
THENCE ALONG THE SOUTH LINE OF SAID LOT 5, N89050'43"E, A DISTANCE OF
11.72 FEET;
THENCE S00009'17"E, A DISTANCE OF 16.45 FEET;
THENCE S89007'54"W, A DISTANCE OF 20.01 FEET;
THENCE N02037'44"W, A DISTANCE OF 39.74 FEET TO THE POINT OF
BEGINNING.
CONTAINING 556 SQUARE FEET (0.013 ACRES), MORE OR LESS, AND BEING
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT
NOW EXIST ON THE GROUND.
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.
Gp F`=�JST
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS o�
P.O. BOX 580, FORT COLLINS, CO 80522
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Fox Hills\Legals\Lot 5-Samuel Lgl.doc SEAL
EXHIBIT OF
PORTION OF TRACT H, FOX HILLS SECOND FILING
OWNED BY THE CITY OF FORT COLLINS
TO BE CONVEYED TO THE OWNER OF
LOT 5, FOX HILLS SECOND FILING N
�i FOUND DRILLED HOLE IN CONCRETE FILLED WITH CAULK
(FORMER BRASS TAG LOCATION), 8.00' OFFSET TO LOT
CORNER
Q2 FOUND 1" BRASS TAG IN CONCRETE LS 5028, 3.00'
OFFSET TO LOT CORNER
�3 FOUND NO. 4 REBAR WITH ORANGE PLASTIC CAP, LS 5028- JANUARY 3, 2017
1"=40'
RED FOX COURT
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s (BASIS OF BRGS.) N89'S0'43'E
0 10-00' N89'50'43"E 11.72LL
TRACT H N89.50'.43"E 119.57' 3
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556 S.F.
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d THIS'EXHIBIT'S SOLE INTENT IS TO
a GRAPHICALLY REPRESENT AND AUGMENT 00 ...
THE ATTACHED PROPERTY DESCRIPTION. IT
y DOES NOT REPRESENT A MONUMENTED 41
LAND SURVEY AS DEFINED IN C.R.S.
38-51--102. IN THE EVENT OF
DISCREPANCIES BETWEEN THIS EXHIBIT AND 31169 D:
o THE ATTACHED PROPERTY DESCRIPTION, p
THE INFORMATION CONTAINED WITHIN THE
ATTACHED PROPERTY DESCRIPTION SHOULD Fs
BE RELIED UPON.
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Account#: FTC-003160
FORT-COLLINS
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Invoice Text
C�.nj0L_LL_j0j_ _ 0 0-j)— N_ NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
STATE OF COLORADO )
ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said
county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
said daily newspaper for
1 Day;
that the notice was published in the regular and entire issue of every number of said newspaper during the
period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
that the first publication of said notice was contained in the issue of said newspaper on
Sunday,January 22,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,January 22,2017
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
least six months next prior to the first publication of said notice or advertisement above referred to;that said
newspaper has been admitted to the United States mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Latimer,State of Colorado this
r.
Monday,January 23,2017 LADONNAMARYUWAR
NOTARY PUBLIC•STATE OF COLORADO
My Commission expires September 3,2019 My Idemikeforl#20154035099
/ Explrea September 3,201
Notary Public
Legal No.0001869930
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,Januaiy 23,2017
9:29 aim
NOTICE z1S HEREBYsG1VEN that.,the' ORDINANCE N0.033,2017
1. OF THE COUNCIL OF:THE CITY OF
Fart,Collins City Council" on+:Tuesday, s`FORTCOLLINS
January 17 2017 `passed and adapted; AUTHORIZING THE CONVEYANCE
the "following ordinances';Yon' first OF'APORTIONOFCITY-OWNED
reading:,'These'ord[ilances•will be Pre PROPERTY
rented for final Passage on February 7, AT.CATHY FROMME PRAIRIE..:. .
2037c NATURAL AREA TO FRANK-AND
LORENDA VOLKER:'. :..
ORDINANCE:NO 006,2017',
OF THE COUNCIL OF �fORDINANCE NO.014,2017
THE:CITY OF.F.ORT COLLINS OF THE COU NC IL 0P.'
APPROPRIATING';UNANTICI PATE D THE CITY OF FOR COLLINS.
GRANT REVENUE:IN AUTHORIZING THE CONVEYANCE
THE;GEN£R'AL FUND'FOR THE OF A'PORTION;..CITY-OWNED
FORT'.COLLENS POLICE 4?! PROPERTY:AT.CATHY FROMME
SERVICESMICT:IM SERVICES UNIT PRAIRIE NATURAL AREA TO
DANE AND LYNN BRANDT
ORDINANCE'NO 07 0 ,'2017
IOF;THEiCOUNCIi'OF ORDINANCE NO 015,2017
THE,GIT I.OF FORMCOLLINS OF THE`COVNCIL OF
APPROPRIATING,VNANTiGIPATED ` THE CITY'OF:FORT COLLINS
GRANT'REVENUE'IN 7HE AUTHOR IZJNG:THE'CONVEYANCE.Z.
F
GENERALFUNWF,ORTHE'ENCORE f .: ;OF.APORTION;OF,,cITY-OWNED ELLOWSHIP'PROGRAM •,. - -
`PROPERTY AT'CATHY•FROMM %''
'PRAIRIE NATURAL AREA,.
ORDINANCE NO.008,2017 TO BARBARA'AND THOMAS.CYNKAR-.
OF THE COUNCIL OF.
THEiCITY OF FORT.COLLINS 'ORDINANCE NO.016,-2017
APPROPRIATING:UNANT ICI PATE D OF THE.COUNCIL OF
GRANT<REVENUE'IN THE GENERAL THE CITY.OF.FORT COLLINS
FUND;F.,ORaTHE.ENVIRONMENTAL AUTHORIZING THE CONVEYANCE.:i
8£RV[CES RADON+PROGRAM AND OF A:PORTION OF CITY-OWNED .:
AU,T,HO(21ZING`:THE TRANSEEWOF ' PROPERTY.AT CATHY.FROMME
MATCHLNG FUNDS PREVIOUSLY PRAIRIE NATURAL AREA TO
AEPI2'OPRIATEDrIN THE STEVEN HUVAL
ENVIRONMENT.AL.SERVICES _ 3
DEPARTMENT OPERATING BUDGET"- ORDINANCE NO.017,2017
ORDINANCE NO OF THE:000NCIL OF
009,,2017 THE CITY OF FORT'COLLINS
OF THE COUNCIL OF :AUTHORIZING THE CONVEYANCE
THE CITYiOF-FORT COLLINS OF A PORTION OF CITY-OWNED
APPROPRI iNG PRIOR YEAR RE-' PROPERTY AT CATHY FROMME'::
SERVES IN...1 E STORM DRAINAGE PRAIRIE NATURAL AREA:
FUND Td;kPAY 2017 FEES FOR THE TO ROBERT AND.YUKARI SAMUEL
CITY OF FORT GOLLINS!AREAS N0. OF17
WITH IMTHEyBMOXELDERIBASIN RE ORDIOFTHE C NANCE 037
NO 01 01 8,2
GIONAL STORWAT£2 AUTHORITY
ORDINANCE NO:031,2017 THE CITY OF FORT COLLINS
THE C00NCIL OF. AUTHORIZING THE CONVEYANCE
THE CITY OF FORT COLLINS OF A PORTION OF CITY-OWNED
T
AUTHORIZING THE EXECUTION OF PROPERTY.AT.CATHY FROMME
AN AMENDED AND RESTATED PRAIRIE ANTE NATURAL: AN TO
STEPHANIE YANG
'CONSERVATION EASEMENT WITH SCOTT LAVOLETTE
COLORADO:OPEN`LANDS;ON THE
KINGFISWER:AND NIX NATURAL ORDINANCE N0:019,2017
AREAS,>INCLUDING CONVEYANCE OF:THE`COUNCIL OF
OF A CON'SERVATIMEASEMENT-. THE CITY-OF FORT COLLINS
ON ADDITIONAL LAP7DS ADOPTING THE 2017 AMENDED,.,',;..,
CLASSIFIED EMPLOYEES'PAY. .
ORDINANCE NO.012,2017 PLAN TO UPDATE CLASSIFIED POSIT.
OF THE COUNCIL OF'THE CITY OF. TIONS AS PROVIDED IN THE
FORT COLLINS COLLECTIVE BARGAINING
AUTHORIZING THE CONVEYANCE AGREEMENT WITH THE `
'.OF*A PORTION OF CITY-OWNED....:.. FRATERNAL ORDER OF POLICE
PROPERTY AT>CATHY FROMME
PRAIRIE NATURAL AREA TO STE The Yuli text of„these ordinances can be
V.EN;JONES found,of httP Itfcgov com/publicnot[ces
_- __ _ foundaulling ihe:::City Clerks Off ice:ot,r
'970.221-6515
1869930.
Colorodoon
!', January 22,2017
i
Account#: FTC-003160
FORT-COLLINS
a IL
U_jffTM_ _ DO- N_ Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
STATE OF COLORADO )
)ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same
is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said
county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
said daily newspaper for
1 Day;
that the notice was published in the regular and entire issue of every number of said newspaper during the
period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;
that the first publication of said notice was contained in the issue of said newspaper on
Sunday,February 12,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,February 12,2017
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
least six months next prior to the first publication of said notice or advertisement above referred to;that said
newspaper has been admitted to the United States mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
Monday,February 13,2017 LADONNA MARY LAMAR p;
NOTARY PUBLIC-STATE OF COLORADO
My Commission expires September 3,2019 My Identification#20154035V 9 I
Expires September 3,2019 lx
Notary Public
Legal No.0001918182
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 13,2017
9:23 am
NOTI - . ORDINANCE;ND 074 207
HEREY'GIVEN tattheCE,"IS THE COUNF THE,CIT Y OF
City Council, on Tuesdays:Forte-Collins"
February.;7,, 2017,;passed-and,adopted � FORTCOLLINs,
thcl'' following ordinances on;i second AUTHbiZIZINGTHE,CONVEYANCE.,
ea'ding., O>.A PORTION OF
r
CITY=OWNED PROPERTY
ORDINANCE NO 006"2017 AT CATHY FROMME PRAIRIE
'OF THE,COUNCILOF THE CITY OF' NATURAL AREA TO DANE AND
FORT COLLINS LYNN BRANDT
APPRORRIATING.UNANT..ICIPATEb ORDINANCE-NO 015 2017
GRANT REVENUE'iW' OF THE-COUNCIL.OF THE C]TY OF
TtJE GENERAL FUNDTOR THE FORT COLLINS.
FORT COLt INS POLICE AUTHQRIZING,THE:CONVEYANCE
SERVICI=$,VICTIM SERVICES UNIT OF,A.PORTION:OF.rCITY-OWNED..: "
ORDINANCE NO:007,,2017 'PROPERTY AT CATHY FROMME-
OF THE COUNCIL OF THE CITY OF', PRAIRIE NATURAL AREA
FORT COLLINS" TO BARBARA AND THOMAS C.YNKAR
APPROPRIATING UNAN7ECIPA7ED. ORDINANCE NO 016,2017'
GRAN .�tEVENUE IN THE
GENERAL<FUND FOR THE ENCORE OF THE COUNCIL'OF THE CITY OF
FELLOWSHIP PROGRM >FORT COLLINS..
AUTHOR I Z I NG.T H E'CO N V EYAN C E
II 7 GITY'OWNED
ORDINANCE'NO.008,201
1 ;OF THE COUNCIL-OF.THE C1TY OF " PROPERTY AT CATHY FROMME .
IIII .;FOR
TCOLLINS "PRAIRIE NATURAL TO AREA STE•.
APPROPRiATIN* fUNA33TECI PATE D .;.VEN HUVAL
GRANT,REVENUE IN THE ORDINANCE NO 017 2D77
GENERAL FUND:FOR THE,:ENVI gUTH'E' P N TNEF THE CITY OF ,
RONN}ENTALSERVICES RADON x"'00RTCOLLINS
`PROGRfYN1ANDAf1THORIZINGSH�,.':.. _..._
TRANSFER OF MATCHING CONVEYANCE
FUNDS;PREVEOUSLY-APPROPRIAT, OF A PORTION OF CITY-OWNED
EDAN:THE.ENVIRONMENTAL PROPERTY AT CATHY FROMME
SERVICES DEPARTMENT OPERAT PRAIRIE NATURAL AREA
ING BUDGET TQ ROBERT AND YUKARI SAMUEL
ORDINANCE NO 069 2017 ORD€NANCE NO.018,2017
'OF THE COUNCILOF THE CITY OF OF THE COUNCIL`OF THE,CITY OF'.'
FORT COLLINS FORT COLLINS
APPROP.RIATINGE?R10R YEAR RE AUTHORIZING THE CONVEYANCE
SERVES,IN THE STORM DRAINAGE
O OF A PORTION OF CITY-OWNED
FUNDtT PAY.2017 FEES.FOR THE , .PROPERTY AT CATHY FROMME
C1T15pF F6RTCOLLINS,AREAS r PRAIRIE NAT.URALAREA
N/fTF1iN`THE:BOXELDER BAS1N RE TO STEPHANIE YANG AND SCOTT
GIONALSTORMWATER"AUTHORITY, LAVOLETTE
ORDINANCE NO 011-2017 ORDINANCE NO 019 2017
OF THE'COUNCIL;OF THE CITY OF . OF THE COUNCIL,OF THE CITY OF:....
FORT COLLINS;" FORT COLLINS
AUTHORIZING'TH=,EXEC.UTION OF ADOPTING.THE5;2017 AMENDED
AN,AMENDED§AND RESTATED CLASSIFEED EMPLOYEES'PAY
CONSERVATIONEASEM.ENTWITH ? P,LAN
COLORADO'OPEN LANDS ON Testa TO UPDATE CLASSIFI EO'POSITIONS
KINGFISHER,AND NIX'NATURAL t AS PROVIDED IN"THE COLLECTIVE d
AREAS,1NCLUOING BARGAINING AGREEMENT-WITH
EONVEY;ANCE OF; THE FRATERNAL ORDER
A CONSERVATfON EASEMENT ON OF POLICE
ADDITIONAL LANDS The f011 text of ihe'se:`ordtndnces can'tie
ORDINANCE NO 012,2017 %found at httn//fcgov cam/publ�cnotices
'.OF THE COUNCIL OF THE CITY OF oY;by calling the CEIY Clerks Of&ce at
.FORT COIL I N 5:++: 970 227 6515-
AUTHORIZING THE CONVEYANCE jg18182
OF A PORTION,OF CITY-OWNED Coforadoan+
PROPERTY'AT CATHY.FROMME February 72,2077 -
PRAIRIE NATURAL AREATO STE
''VENJONES —'
ORDINANCE NO 013 2017
OF THE COUNCIL OF THE,CITY OF
FORT-COLLINS*'
AUTHORIZING T.HE CONVEYANCE
OF A"PORTION OF
CITY OWNED PROPERTY g
aT,eATHY,3 BONNE PR ;�t
NATURAL AREA 1, , 4
LQ iNgA VOT ICE