HomeMy WebLinkAbout090 - 07/16/1991 - AUTHORIZING THE SALE OF REAL PROPERTY AND GRANTING A LANDSCAPE EASEMENT AT SOUTHRIDGE GOLF COURSE ORDINANCE NO. 90, 1991
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OF REAL PROPERTY AND THE
GRANTING OF A LANDSCAPE EASEMENT AT
SOUTHRIDGE GOLF COURSE
WHEREAS, the City of Fort Collins ("the City") is the owner of those
certain parcels of real property located in Larimer County, Colorado, legally
described on Exhibit "A" attached hereto and incorporated by reference ("the
Property") ; and
WHEREAS, the City currently operates the Property as the SouthRidge Golf
Course ("the Golf Course") ; and
WHEREAS, a recent land survey of the Property has revealed that six
different encroachments by adjacent landowners exist on the Property; and
WHEREAS, the City is currently in the process of attempting to sell the
Property and therefore wishes to resolve such encroachments; and
WHEREAS, Darel W. and Linda B. Hardy ("the Hardys") have built a wooden
fence that encroaches upon 329 square feet of the Property ("the 329 square
feet") ; and
WHEREAS, the City and the Hardys have entered into an Agreement of Purchase
and Sale of Real Property dated July 2, 1991 ("the Hardy Agreement") ; and
WHEREAS, pursuant to the Hardy Agreement, the City has agreed to deed to
the Hardys the 329 square feet for the purchase price of $350.00; and
WHEREAS, Wilbur and Coleen Rusch ("the Rusches") have built a wrought iron
fence that encroaches upon 2,714 square feet of the Property ("the 2,714 square
feet") ; and
WHEREAS, the City and the Rusches have entered into an Agreement of
Purchase and Sale dated July 2, 1991 ("the Rusch Agreement") ; and
WHEREAS, pursuant to the Rusch Agreement, the City has agreed to deed to
the Rusches the 2,714 square feet for the purchase price of $2,700.00; and
WHEREAS, James C. and Jo Ann Heaberlin ("the Heaberlins") have planted and
maintained a hedge, built a patio and installed a hot tub upon the Property, all
of which encroach upon 1,897 square feet of the Property ("the 1 ,897 square
feet") ; and
WHEREAS, the City and the Heaberlins have entered into an Agreement of
Purchase and Sale of Real Property dated July 2, 1991 ("the Heaberlin
Agreement") ; and
WHEREAS, pursuant to the Heaberlin Agreement, the City has agreed to deed
to the Heaberlins the 1,897 square foot for the purchase price of $2,000.00; and
WHEREAS, Bonnie J. and Dorlea L. Bowne ("the Bownes") have built a wooden
fence that encroaches upon 114 square feet of the Property ("the 114 square
feet") ; and
WHEREAS, the City and the Bownes have entered into an Agreement of Purchase
and Sale of Real Property dated July 2, 1991 ("the Bowne Agreement") ; and
WHEREAS, pursuant to the Bowne Agreement, the City has agreed to deed to
the Bownes the 114 square feet for the purchase price of $150.00; and
WHEREAS, Boyd and Glenna Grant ("the Grants") have built a decorative rock
garden with a flag pole and they have planted grass turf and trees upon the
Property, all of which encroach upon 5,272 square feet of the Property; and
WHEREAS, the Grants have requested that the City convey to them a landscape
easement on the said 5,272 square feet of the Property ("the Landscape Easement")
for the purchase price of $1,000.00; and
WHEREAS, Terry A. and Sarah B. Gilmore ("the Gilmores") have placed upon
the Property certain landscape improvements constituting an encroachment upon
1,841 square feet of the Property ("the 1,841 square feet") ; and
WHEREAS, the City and the Gilmores have entered into an Agreement of
Exchange of Real Property dated July 2, 1991 ("the Gilmore Agreement") ; and
WHEREAS, pursuant to the Gilmore Agreement, the City has agreed to deed
to the Gilmores the 1,841 square feet; and
WHEREAS, in exchange for the 1,841 square feet, the Gilmores have agreed
to deed to the City a 1,555 square-foot parcel of the Gilmores' real property
located at 6007 SouthRidge Greens Boulevard and to pay to the City the sum of
$300.00; and
WHEREAS, the Hardy Agreement, the Rusch Agreement, the Heaberlin Agreement,
the Bowne Agreement and the Gilmore Agreement are all contingent upon the City
Council 's ordinance approval on second reading of each of them on or before July
16, 1991; and
WHEREAS, Section 23-111 of the Code of the City Fort Collins 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 the Council first finds
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 conveyance of the 329 square feet by the City to the
Hardys is in the best interests of the City; and, therefore, the Hardy Agreement
is hereby approved, and the Mayor is hereby authorized to execute such
instruments as are necessary for the City to convey the 329 square feet to the
Hardys.
Section 2. That the conveyance of the 2,714 square feet by the City to
the Rusches is in the best interests of the City; and, therefore, the Rusch
Agreement is hereby approved, and the Mayor is hereby authorized to execute such
instruments as are necessary for the City to convey the 2,714 square feet to the
Rusches.
Section 3. That the conveyance of the 1,897 square feet by the City to
the Heaberlins is in the best interests of the City; and, therefore, the
Heaberlin Agreement is hereby approved, and the Mayor is hereby authorized to
execute such instruments as are necessary for the City to convey the 1 ,897 square
feet to the Heaberlins.
Section 4. That the conveyance of the 114 square feet by the City to the
Bownes is in the best interests of the City; and, therefore, the Bowne Agreement
is hereby approved, and the Mayor is hereby authorized to execute such
instruments as are necessary for the City to convey the 114 square feet to the
Bownes.
Section 5. That the conveyance of the Landscape Easement by the City to
the Grants is in the best interests of the City, and the Mayor is hereby
authorized to executed such instruments as are necessary for the City to convey
the Landscape Easement to the Grants.
Section 6. That the conveyance of the 1,841 square feet by the City to
the Gilmores is in the best interests of the City; and, therefore, the Gilmore
Agreement is hereby approved, and the Mayor is hereby authorized to execute such
instruments as are necessary for the City to convey the 1,841 square feet to the
Gilmores.
Introduced, considered favorably on first reading, and ordered published
this 2nd day of July, A.D. 1991, and to be presented for final passage on the
16th day of July, A.D. 1991 .
Mayor �
ATTEST:
1
City Clerk
Passed and adopted on final reading this 16th day of July, A.D. 1991 .
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
All of the following described real property is located in the
State of Colorado, County of Larimer:
Tracts A, 3- 1 , and 3-2
SOUTHRIDGE GREENS ,
a Planned Unit Development, Phase I ,
and
A tract of land located in the Northwest quarter of Section 7 ,
Township 6 North , Range 68 West of the 6th P . M. , Lorimar County,
Colorado , being more particularly described as follows :
Considering the west line of the said Northwest quarter as bearing
South 00 ' 02 ' 43 " West and with all bearings contained herein relative
thereto .
COMMENCING at the Northwest corner of said Section 7;
thence , along the said west line , South 00 ' 02 ' 43 " West 721 . 00 feet;
thence South 89 ' 57 ' 17" East 226.. 00 feet to the TRUE POINT OF
BEGINNING,
thence South 00 ' 02 ' 43" best 105 . 00 feet;
thence 73 . 38 feet along a curve concave to the Northeast having
a central angle of 51 ' 00100" and a radius of 82 . 44 feet whose long
chord bears South 25 ' 27' 17" East;
thence 98 . 18 feet along a curve concave to the Southwest having
a central angle of 44 ' 00' 00" and a radius of 127 .85 feet whose
long chord bears South 28 * 57117" East;
thence South 6 ' 57 ' 17" East 19 . 42 feet;
thence North 4 ' 57 ' 56" East 50 , 65 feet;.
thence 93 . 44 feet along a curve concave to the Southwest having
a central angle of 44 ' 591590; and a radius of 118 . 97 feet whose
long chord bears North 17032 , 040 west;
thence 48 ,97 feet along a curve concave to the Northeast having
a central angle of 40'04 ' 47" and a radius of 70 . 00 feet whose long
chord bears North 19* 591410 West;
thence North 00 ' 02 ' 43" East 89..78 feet;
thence North 89 ' 57 ' 17" Most 39 . 77 feet to the TRUE POINT OF
BEGINNING
and
that portion of 42 foot right of way as vacated by Ordinance No .
103 , 1984 recorded September 5 , 1984 in Book 2288 at Page 834 ,
EXCEPT from all of the above that portion described in Deed of
Dedication recorded September 5 , 1984 in Book 2288 at Page 833
and
EXCEPT portion conveyed to Bucain Corporation, a Colorado
Corporation by Deed recorded April 26 , 1983 in Book 2216 at Page
1961 .