HomeMy WebLinkAbout093 - 09/15/1992 - AUTHORIZING THE TRANSFER OF REAL PROPERTY ALONG HAMPSHIRE ROAD ORDINANCE NO. 93, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE TRANSFER OF REAL PROPERTY
ALONG HAMPSHIRE ROAD
WHEREAS, the City of Fort Collins ("the City") is the owner of this tract
of real property located in Larimer County, Colorado, legally described as Tract
"B", Fairbrooke Subdivision First Filing ("the Property") ; and
WHEREAS, the City's Stormwater Utility no longer needs this tract of land;
and
WHEREAS, the City is responsible for maintaining this tract of land; and
WHEREAS, the Council considers it to be in the best interest of the City
to deed this tract of land and the maintenance responsibilities to the
neighboring lot owners; and
WHEREAS, the City and Zelma L. Gaudreault have entered into an Agreement
of Purchase and Sale dated August 7, 1992 ("the Gaudreault Agreement") ; and
WHEREAS, pursuant to the Gaudreault Agreement, the City has agreed to deed
to Ms. Gaudreault 389 square feet of real property; and
WHEREAS, City and Curtis R. Viehmeyer and Debra A. Elman have entered into
an Agreement of Purchase and Sale dated July 22, 1992 ("the Viehmeyer/Elman
Agreement") ; and
WHEREAS, pursuant to the Viehmeyer/Elman Agreement, the City has agreed to
deed to Mr. Viehmeyer and Ms. Elman 4,049 square feet of real property; and
WHEREAS, the City and Curtis and Lucinda Camus have entered into an
Agreement of Purchase and Sale dated July 22, 1992 ("the Camus Agreement") ; and
WHEREAS, pursuant to the Camus Agreement, the City has agreed to deed to
the Camus' 2,883 square feet of real property;
WHEREAS, the Gaudreault Agreement, the Viehmeyer/Elman Agreement, and the
Camus Agreement are all contingent upon the City Council 's approval by ordinance
on second reading on or before September 15, 1992; 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 and
that, with respect to property of the City's utility, the disposition of the
property will not materially impair the viability of the City Stormwater Utility
system as a whole and it will be for the benefit of the citizens 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 three hundred eighty-nine (389) square
feet of real property as described on Exhibit "A" by the City to Ms. Gaudreault
is in the best interests of the City; and, therefore, the Gaudreault Agreement
is hereby approved, and the Mayor is hereby authorized to execute such
instruments as are necessary for the City to convey the three hundred eighty-nine
(389) square feet to Ms. Gaudreault.
Section 2. That the conveyance of four thousand forty-nine (4,049) square
feet of real property as described on Exhibit "B" by the City to Mr. Viehmeyer
and Ms. Elman is in the best interests of the City; and, therefore, the
Viehmeyer/Elman Agreement is hereby approved, and the Mayor is hereby authorized
to execute such instruments as are necessary for the City to convey the four
thousand forty-nine (4,049) square feet to Mr. Viehmeyer and Ms. Elman.
Section 3. That the conveyance of two thousand eight hundred eighty-three
(2,883) square feet of real property as described on Exhibit "C" by the City to
the Camus' is in the best interests of the City; and, therefore, the Camus
Agreement is hereby approved, and the Mayor is hereby authorized to execute such
instruments as are necessary for the City to convey the two thousand eight
hundred eighty-three (2,883) square feet to the Camus' .
Section 4. That the Council further finds that the foregoing property
sales will not materially impair the viability of the City Stormwater Utility
system as a whole and will be for the benefit of the citizens of the City.
Introduced, considered favorably on first reading, and ordered published
this 1st day of September, A.D. 1992, and to be presented for final passage on
the 15th day of September, A.D. 1992.
Aayo�rU4
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of September, A.D. 1992.
ayor
ATTEST:
City Clerk
EXH151T "A"
DESCRIPTION OF A PORTION OF TRACT B TO BE DEEDED TO THE OWNER OF
LOT 1
A tract of land located in the Northeast one quarter of Section 21
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins , Larimer County, Colorado, being a portion of
that certain tract of land as described in a Quit Claim Deed dated
December 6 , 1991 and recorded at Reception No. 91061833 records of
the Clerk and Recorder of the said Larimer County, also being a
portion of Tract B of the plat of Fairbrooke Subdivision First
Filing, a Plat of record with the said Clerk and Recorder, more
particularly described as follows ;
Considering the easterly most line of Lot 1 Block 1 of the said
plat of Fairbrooke Subdivision First Filing as bearing South 08
degrees 42 minutes 27 seconds East, and with all bearings contained
herein relative thereto;
Commencing at the northeast most corner of the said Lot 1 Block 1,
being the TRUE POINT OF BEGINNING of this description,
THENCE along the said easterly most line, South 08 degrees 42
minutes 27 seconds East for a distance of 14 . 76 feet to the
southeasterly line of the said Lot 1 ;
THENCE leaving the said easterly most line, North 84 degrees
15 minutes 31 seconds East for a distance of 30 . 04 feet to the
easterly line of the said Tract B;
THENCE along the said easterly line of Tract B, along a non-
tangent curve to the left having a radius of 15 . 00 feet, a central
angle of 85 degrees 12 minutes 33 seconds and an arc length of
22 . 31 feet, being subtended by a chord of North 51 degrees 18
minutes 44 seconds West for a distance of 20. 31 feet to the
northerly line of the said Tract B;
THENCE along the said northerly line, South 86 degrees 05
minutes 00 seconds West for a distance of 16 . 31 feet to the point
of beginning.
The above described tract contains 389 square feet and is subject
to all easements and rights of ways now existing or of record.
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. The description and areas shown are based upon
previously recorded plats and deeds and not upon a actual field
survey.
WALLACE C. MUSCOTT DATE
COLORADO P. L.S . 17497
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EXHIBIT "B"
DESCRIPTION OF A PORTION OF TRACT B TO BE DEEDED TO THE OWNER OF LOT 2
A tract of land located in the Northeast one quarter of Section 21
Township 7 North, Range 69 West of the Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, being a portion of that certain
tract of land as described in a Quit Claim Deed dated December 6, 1991 and
recorded at Reception No. 91061833 records of the Clerk and Recorder of the
said Larimer County, also being a portion of Tract B of the plat of
Fairbrooke Subdivision First Filing, a Plat of record with the said Clerk
and Recorder, more particularly described as follows ;
Considering the tangent portion of the easterly line of Lot 2 Block 1 of
the said plat of Fairbrooke Subdivision First Filing as bearing South os
degrees 42 minutes 27 seconds East, and with all bearings contained herein
relative thereto;
Commencing at the northeast most corner of the said Lot 2 Block 1, being
the TRUE POINT OF BEGINNING of this description,
THENCE along the said tangent portion of the easterly line, South 08
degrees 42 minutes 27 seconds East for a distance of 34 . 47 feet;
THENCE continuing along the said easterly line, along a curve to the
left having a radius of 437 . 12 feet, a central angle of 12 degrees 56
minutes 51 seconds and an arc length of 98 . 78 feet, being subtended by a
chord of South 15 degrees 10 minutes 53 seconds East for a distance of
98 . 57 feet to the southerly line of the said Lot 2 ;
THENCE leaving the said easterly line, along the easterly prolongation
of the said southerly line of Lot 2, North 89 degrees 38 minutes 23 seconds
East for a distance of 32 . 38 feet to the easterly line of the said Tract
B;
THENCE along the said easterly line of Tract B, along a non-tangent
curve to the right having a radius of 407 . 12 feet, a central angle of 14
degrees 36 minutes 10 seconds and an arc length of 103 . 76 feet, being
subtended by a chord of North 16 degrees 00 minutes 32 seconds West for a
distance of 103 . 48 feet;
THENCE continuing along the said easterly line of Tract B, North 08
degrees 42 minutes 27 seconds West for a distance of 32 .92 feet;
THENCE leaving the said easterly line, South 84 degrees 15 minutes 31
seconds West for a distance of 30. 04 feet to the point of beginning.
The above described tract contains 4049 square feet and is subject
to all easements and rights of ways now existing or of record.
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.
The description and areas shown are based upon previously recorded plats
and deeds and not upon a actual field survey.
WALLACE C. MUSCOTY COLORADO P. L.S . 17497 DA E pp�N�"W77''
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EXHIBIT "C "
DESCRIPTION OF A PORTION OF TRACT B TO BE DEEDED TO THE OWNER OF
LOT 3
A tract of land located in the Northeast one quarter of Section 21
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being a portion of
that certain tract of land as described in a Quit Claim Deed dated
December 6, 1991 and recorded at Reception No. 91061833 records of
the Clerk and Recorder of the said Larimer County, also being a
portion of Tract B of the plat of Fairbrooke Subdivision First
Filing, a Plat of record with the said Clerk and Recorder, more
particularly described as follows;
Considering the north line of Lot 3 Block 1 of the said plat of
Fairbrooke Subdivision First Filing as bearing North 89 degrees 38
minutes 23 seconds East, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Lot 3 Block 1, being
the TRUE POINT OF BEGINNING of this description,
THENCE along the easterly line of the said Lot 3 , along a
curve to the left having a radius of 437 . 12 feet, a central angle
of 13 degrees 02 minutes 13 seconds and an arc length of 99 . 46
feet, being subtended by a chord of South 28 degrees 10 minutes 25
seconds East for a distance of 99 . 25 feet to the southerly line of
the said Lot 3 and to the southerly line of the said Tract B;
THENCE along the said southerly line of Tract B, non-tangent
from the previous curve, North 76 degrees 48 minutes 00 seconds
East for a distance of 32 . 43 feet to the easterly line of the said
Tract B;
THENCE along the said easterly line of tract B, along a non-
tangent curve to the right having a radius of 407 . 12 feet, central
angle of 13 degrees 03 minutes 14 seconds and an arc length of
92 . 76 feet, being subtended by a chord of North 29 degrees 50
minutes 14 seconds West for a distance of 92 .56 feet to the
easterly prolongation of the said north line of Lot 3 ;
THENCE along the said easterly prolongation, South 89 degrees
38 minutes 23 seconds West for a distance of 32 . 38 feet to the
point of beginning.
The above described tract contains 2883 square feet and is subject
to all easements and rights of ways now existing or of record.
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. The description and areas shown are based upon
previously recorded plats and deeds and not upon a actual field
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WALLACE C. MUSCOTT ��17G�Hm�y� D�kTE
COLORADO P. L. S . 17497
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