HomeMy WebLinkAbout069 - 05/17/1994 - AUTHORIZING THE SALE AND EXCHANGE OF REAL PROPERTY AT CASE PARK ORDINANCE NO. 69, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE AND EXCHANGE OF
REAL PROPERTY AT CASE PARK
WHEREAS, the City of Fort Collins, Colorado ("the City") is the owner of
certain parcels of real property located in Larimer County, Colorado, legally
described on Exhibit "C" attached hereto and incorporated herein by reference
("the Property") ; and
WHEREAS, the City intends to develop the Property into a park, to be known
as "Case Park"; and
WHEREAS, the City wishes to develop the park in the most cost effective
manner and to achieve the most benefit for the citizens of Fort Collins; and
WHEREAS, the City wishes to trade and sell a portion of the Property; and
WHEREAS, the City and Timberline Partners, Limited ("Timberline") , have
entered into an Agreement of Sale and Exchange of Real Property ("the
Agreement") ; and
WHEREAS, pursuant to the Agreement, the City has agreed to deed to
Timberline a 48,OT4.45 square foot parcel of real property that is presently part
of Case Park; and
WHEREAS, in exchange for the 48,074.45 square foot parcel , Timberline has
agreed to deed to the City a 16,517.99 square-foot parcel and a 12, 122.05 square-
foot parcel of Timberline's real property located adjacent to Case Park and to
pay the City the sum of $10,000; and
WHEREAS, the Agreement is contingent upon the City Council 's approval , on
second reading on or before May 17, 1994; and
WHEREAS, Section 23-111 of the Code of the City of 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 OFFORT. COLLINS
asfollows:
Section 1 . That the conveyance by the City of the real property described
on Exhibit "C" to Timberline, in exchange for Timberline's conveyance to the City
of the real property described in Exhibits "A" and "B", together with
Timberline's payment to the City of Ten Thousand Dollars ($10,000) , is in the
best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such agreements
and instruments as are necessary for the City to convey the real property
described in Exhibit "C" to Timberline in exchange for the conveyance to the City
of the Property described in Exhibits "A" and "B" and the payment of Ten Thousand
Dollars ($10,000.00) .
Introduced, considered favorably on first reading, and ordered published
this 3rd day of May, A.D. 1994, and to be presented for ' al passage on the 17th
day of May, A.D. 1994.
Gv'„CJ
Mayor
ATTEST:
City Clerk
Passed and adopted on final reaIrz
thf May, 94.
r
ATTEST:
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION - Tract 1
A tract of land located in the South half of Section 29, Township 7 North, Range 68
West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of
Colorado, being described as follows:
Commencing at the Southwest corner of said Section 29 and considering the South
line of said Southwest Quarter to bear South 89'32'37" East, with all bearings
contained herein, relative thereto; thence along said South line South 89032'37" East,
2266.45 feet to the Southeast corner of Dakota Ridge P.U.D. First Filing, according
to the recorded plat thereof; thence along the boundary of said Dakota Ridge P.U.D.
First Filing, the following courses: North 00013'23" East, 1328.61 feet; thence South
89'28'58" East 195.94 feet; thence North 11046'28" West, 260.00 feet; thence
North 46'14'12" East, 130.42 feet to the Northeasterly corner of said Dakota Ridge
P.U.D. First Filing; thence along the Northerly line of said Dakota Ridge P.U.D. First
Filing, the following courses: North 43'45'48" West, 178.04 feet; thence along a
curve to the left having a delta of 28048'12", a radius of 267.00 feet, an arc of
134.22 feet, and a chord which bears North 58'09'54" West, 132.82 feet; thence
North 72'34'00" West, 159.33 feet; thence along a curve to the right having a delta
of 94°14'20", a radius of 15.00 feet, an arc of 24.67 feet, and a chord which bears
North 25'26'50" West, 21 .98 feet; thence North 68019'40" West, 54.00 feet to the
Northwesterly corner of said Dakota Ridge P.U.D. First Filing, also being the
Southwesterly corner of Dakota Ridge P.U.D. Second Filing, according to the recorded
plat thereof; thence along the West line of said Dakota Ridge P.U.D. Second Filing,
North 25'06'50" East, 39.61 feet to the North line of that parcel described at
Reception No. 92027417 and the POINT OF BEGINNING of this description;
thence along said North line the following courses: North 64046'18" West, 177.10
feet; thence North 37'09'46" West, 106.59 feet; thence North 22'58'46" East,
74.36 feet; thence departing said North line South 26°03'35" East, 22.76 feet;
thence South 37'04'42" East, 85.69 feet; thence South 49045'57" East, 85.73 feet;
thence South 64048'00" East, 97.93 feet; thence South 25006'50" West, 47.49 feet
to the POINT OF BEGINNING, containing 15,778 square feet (0.36 acres), more or
less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this legal description was prepared
by me or under my direct supervision and is true and correct to the best of my
knowledge.
Date MICHAEL C. CREGGER
Professional Land Surveyor
LEGALMTR1-001.001 (4-27-94)
EXHIBIT "B"
LEGAL DESCRIPTION - Tract 3
A tract of land located in the South half of Section 29, Township 7 North, Range 68
West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of
Colorado, being described as follows:
Commencing at the Southwest corner of said Section 29 and considering the South
line of said Southwest Quarter to bear South 89°32'37" East, with all bearings
contained herein, relative thereto; thence along said South line South 89'32'37" East,
2266.45 feet to the Southeast corner of Dakota Ridge P.U.D. First Filing, according
to the recorded plat thereof; thence along the boundary of said Dakota Ridge P.U.D.
First Filing, the following courses: North 00'13'23" East, 1328.61 feet; thence South
89'28'58" East 195.94 feet; thence North 11'46'28" West, 260.00 feet; thence
North 46'14'12" East, 130.42 feet to the Northeasterly corner of said Dakota Ridge
P.U.D. First Filing; thence along the Northerly line of said Dakota Ridge P.U.D. First
Filing, the following courses: North 43045148" West, 178.04 feet; thence along a
curve to the left having a delta of 28'48'12", a radius of 267.00 feet, an arc of
134.22 feet, and a chord which bears North 58°09'54" West, 132.82 feet; thence
North 72'34'00" West, 159.33 feet; thence along a curve to the right having a delta
of 94014'20", a radius of 15.00 feet, an arc of 24.67 feet; and a chord which bears
North 25026'50" West, 21 .98 feet; thence North 68019'40" West, 54.00 feet to the
Northwesterly corner of said Dakota Ridge P.U.D. First Filing also being the
Southwesterly corner of Dakota Ridge P.U.D., Second Filing, according to the
recorded plat thereof; thence along the West line of said Dakota Ridge P.U.D., Second
Filing North 25'06'50" East, 39.61 feet to the North line of the parcel described at
Reception No. 92027417; thence along said North line the following courses: North
64'46'18" West, 177.10 feet; thence North 37009'46" West, 106.59 feet; thence
North 22058'46" East, 267.13 feet; thence North 52034'04" West, 290.97 feet;
thence South 67012'01 " West, 129.26 feet; thence North 66001 '40" West, 56.82
feet to the POINT OF BEGINNING of this description;
thence continuing along said North line North 66'01'40" West, 100.06 feet; thence
North 21025'04" West, 184.24 feet; thence along a non-tangent curve to the right
having a delta of 07'05'03", a radius of 576.00 feet, an arc of 71 .22 feet, and a
chord which bears North 66033'36" East, 71 .17 feet; thence South 08'15'30" East,
88.23 feet; thence South 21010'22" East, 99.18 feet; thence South 36'30'25" East,
LEGALI4\TR3-001.001 (4-27-94)
75.50 feet to THE POINT OF BEGINNING, containing 12,155 square feet (0.28 acres),
more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this legal description was prepared
by me or under my direct supervision and is true and correct to the best of my
knowledge.
Date MICHAEL C. CREGGER
Professional Land Surveyor
Colorado Registration No. 22564
2 LEGAL 14\TR3-001.001 (4-27-94)
EXHIBIT "C"
LEGAL DESCRIPTION - Tract 2
A-tract_of land-locates-in-thesauth half of Section 29,-Township 7 North,-Range 68
West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of
Colorado, being described as follows:
Commencing at the Southwest corner of said Section 29 and considering the South
line of said Southwest Quarter to bear South 89'32'37" East, with all bearings
contained-herein,-rplativP therp_to; thence a]ong-sair-South-line-South W32'37" East,
-
2266.45 feet to the Southeast corner of Dakota Ridge P.U.D. First Filing, according
to the recorded plat thereof; thence along the boundary of said Dakota Ridge P.U.D.
First Filing, the following courses: North 00013'23" East, 1328.61 feet; thence South
89'28'58" East 195.94 feet; thence North 11046'28" West, 260.00 feet; thence
North 46'14'12" East, 130.42 feet to the Northeasterly corner of said Dakota Ridge
P.U.D. First Filing; thence along the Northerly line of said Dakota Ridge P.U.D. First
Filing, the following courses: North 43°45'48" West, 178.04 feet; thence along a
curve to the left having a delta of 28048'12", a radius of 267.00 feet, an arc of
134.22 feet, and a chord which bears North 58009'54" West, 132.82 feet; thence
North 72°34'00" West, 159.33 feet; thence along a curve to the right having a delta
of 94°14'20", a radius of 15.00 feet, an arc of 24.67 feet, and a chord which bears
North 25°26'50" West, 21 .98 feet; thence North 68*19'40" West, 54.00 feet to the
Northwesterly corner of said Dakota Ridge P.U.D. First Filing, also being the
Southwesterly corner of Dakota Ridge P.U.D., Second Filing, according to the
recorded plat thereof; thence along the West line of said Dakota Ridge P.U.D., Second
Filing; North 25'06'50" East, 39.61 feet to the North line of that parcel described at
Reception No. 92027417; thence along said North line the following courses: North
64'46'18" West, 177.10 feet; thence North 37009'46" West, 106.59 feet; thence
North 22°58'46" East, 74.36 feet, to the POINT OF BEGINNING of this description;
thence departing said North line North 26°03'35" West, 47.44 feet; thence North
24'28'16" West, 70.00 feet; thence North 50048'01" West, 44.89 feet; thence North
53'35'50" West, 210.00 feet; thence North 49056'15" West, 79.22 feet; thence
North 36°30'25" West, 21 .17 feet to said North line of the parcel described at
Reception No. 92027417; thence along said North line the following courses: South
6600 fi'40" East, 56.82 feet; thence North 6T12`0 " t`ast, 129.216 feet; thence South
LEGALI4\TR2-001.001 (4-11-94)
52034'04" East, 290.97 feet; thence South 22'58'46" West, 192.77 feet to the
POINT OF BEGINNING, containing 1 .13 acres, more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this legal description was prepared
by me or under my direct supervision and is true and correct to the best of my
knowledge.
Date MICHAEL C. CREGGER
Professional Land Surveyor
Colorado Registration No. 22564
2 LEGAU 4\TR2-001.001 (4-11-94)