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Home My WebLink About134 - 09/07/2004 - AUTHORIZING THE CONVEYANCE OF A PARCEL OF CITY PROPERTY IN EXCHANGE FOR A PROPERTY LOCATED AT 1833 E ORDINANCE NO. 134, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PARCEL OF CITY PROPERTY IN EXCHANGE FOR A PROPERTY LOCATED AT 1833 EAST MULBERRY STREET, AND APPROPRIATING THE RELATED DONATION AS UNANTICIPATED REVENUE IN THE NATURAL AREAS FUND AND RESCINDING ORDINANCE NO. 007, 2004 WHEREAS, the owner, William C. and Maureen D. Stockover own property legally described as a 2.468 acre tract of land located in the Northeast 1/4 of Section 18,Township 7 North, Range 68 West of the 6th P.M. County of Larimer, State of Colorado ('Parcel A"); and WHEREAS, the City of Fort Collins owns a 0.621 acre parcel approximately 60' wide adjacent to and west of the Stockover property('Parcel B"); and WHEREAS,in January 2004,the City Council adopted Ordinance No.007,2004,approving the exchange of Parcel B for Parcel A,together with related easements,and appropriating a donation to the City in the amount of$200,000, in connection with the exchange; and WHEREAS,the Stockovers have proposed,and City staff is recommending,a change in the location of the permanent access easement to be granted to the City, so that in place of the access easement previously described, Stockovers will grant to the City an access easement in a new location over an area 0.395 acres in size,which area is shown and described on Exhibit"A",attached hereto and incorporated herein by this reference (the "Access Easement"); and WHEREAS,in addition,Stockovers have determined that a storm drainage easement across Parcel A is necessary for the use of the Stockovers' retained property, over the 0.115 acre area constituting the east 20 feet of the north 250 feet of Parcel A (the "Drainage Easement"); and WHEREAS,based on a review of the market data of the properties involved and the property interests to be conveyed, City staff has since revised the estimate of exchange price allocated to Parcel A(burdened by the Drainage Easement)to$11,825 for the 2.468 acre tract;and the exchange price allocated to Parcel B to $3,105; and WHEREAS, based on these allocated exchange prices, City staff finds the total value to be obtained by the City in connection with the exchange (for Parcel A and the Access Easement) is $13,603,and the total to be conveyed by the City(for Parcel B)is$3,105,resulting in a net donation to the City in the amount of$10,498; and WHEREAS,Article V,Section 9,of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year does not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the donated land, as described herein, will not cause the total amount appropriated in the Natural Areas Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, it is the desire of the Council to authorize the conveyance of Parcel B in the manner described herein, and to appropriate $10,498 of unanticipated revenue in the form of a donation of land in the Natural Areas Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above-described conveyance to Stockovers of Parcel B in exchange for the conveyance to the City of the Access Easement and Parcel A, subject to the Drainage Easement, will be for the benefit of and in the best interest of the City of Fort Collins. Section 2. That the City Council hereby approves and authorizes the execution by the Mayor of such deeds and other documents of conveyance as may be necessary to carry out the above- described conveyance to Stockovers of Parcel B in exchange for the conveyance to the City of Parcel A and the Access Easement. Section 3. That there is hereby appropriated forexpenditure from unanticipated revenue in the Natural Areas Fund the sum of TEN THOUSAND FOUR HUNDRED NINETY-EIGHT DOLLARS ($10,498) for Natural Areas. Section 4. That Ordinance No.007,2004,is hereby rescinded and shall be of no further force or effect. Introduced, considered favorably on first reading, and ordered published this 17th day of August, A.D. 2004, and to be presented for final passage on the 7th day of September, A.D. 2004. /,� 'A�* Mayor TTEST: City Clerk Passed and adopted on final reading this 7th day of September, A.D. 2004. Mayor A J'TELST: City Clerk ' EXHIBIT "A" DESCRIPTION OF AN ACCESS EASEMENT LOCATED ON THE STOCKOVER PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS An Access Easement located in the Northeast Quarter of Section 18, Township 7 North, Range 68 West of the Sixth Principal Meridian, Latimer County, Colorado, the said easement is a portion of Tract "B" of the Douglas Valley Boundary Line Adjustment Plat, recorded May 16, 2000 at Reception No. 2000031797, records of the Clerk and Recorder of the said Latimer County, more particularly described as follows; Considering the East Line of the said Northeast Quarter of Section 18 as bearing South 00 degrees 07 minutes 29 seconds West from a found PLS 17497 Aluminum Cap Monument at the Northeast Corner of Section 18 to a found PLS 17497 Aluminum Cap Monument at the East Quarter Corner of the said Section 18 based upon GPS observation, and with all bearings contained herein relative thereto; Commencing at the said Northeast Corner of Section 18; THENCE along the said East Line of the Northeast Quarter, South 00 degrees 07 minutes 29 seconds West for a distance of 950.86 feet to the south boundary of the Amended Plat of Lots 1 &2 of Summers Subdivision, as recorded June 29, 1999 at Reception No. 99057472 records of the said Clerk and Recorder; THENCE along the said south boundary the following seven (7) courses and distances, (1) South 77 degrees 58 minutes 59 seconds West for a distance of 184.84 feet; (2) South 49 degrees 46 minutes 19 seconds West for a distance of 236.14 feet; (3) South 29 degrees 02 minutes 44 seconds West for a distance of 66.26 feet; (4) South 46 degrees 18 minutes 59 seconds West for a distance of 203.20 feet; (5) South 70 degrees 26 minutes 19 seconds West for a distance of 212.77 feet; (6) North 71 degrees 42 minutes 11 seconds West for a distance of 201.72 feet; (7)North 55 degrees 44 minutes 36 seconds West for a distance of 30.71 feet to the southeast comer of the said Tract B of the Douglas Valley Boundary Line Adjustment, THENCE along the east line of the said Tract B, North 00 degrees 07 minutes 29 seconds East for a distance of 460.63 feet to the north line of the proposed tract of land to be deeded to the said City of Fort Collins and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of Tract B, North 00 degrees 07 minutes 29 seconds East for a distance of 430.39 feet to the south right of way of East Mulberry(State Highway 14) as shown on the Colorado Department of Highways Right Of Way Plan No. F004-1(6); THENCE along the said south right of way, North 86 degrees 07 minutes 39 seconds West for a distance of 40.09 feet to a line which is 40.00 feet (measured at right angles) west of and parallel with the said east line of Tract B; THENCE along the said parallel line, South 00 degrees 07 minutes 29 seconds West for a distance of 433.01 feet to the said north line of the proposed tract to be deeded to the City; THENCE along the said proposed north line, South 89 degrees 52 minutes 31 seconds East for a distance of 40.00 feet to the Point of Beginning. Containing 0.396 Acres More Less. The above described tract is subject to all easements and rights of ways now existing or of record. Natural Areas Stockover Land Exchange Exhibit U( 3y' $ _. _. . 359.94' TRACT C --�qv 1 . 505 ACRES 40'25.00' END FENCE ON BOUNDARY C6 s \1 cc 11 / 1•- EXIST. BUILDING p 0 ., -.--FENCE 0.5' EAST Ni OF BOUNDARY TRACT B 's 1 . 995 ACRES 0.395 acres Access easement - -- - _ X_ granted from _ Exlsr. FENCE o Stockover to City Ci o 0 C' c o Ir PRO,)U CT S 89°52'31"E 359.17, __- `20 (cirr pF pRrOCRppR .621 acres "- `ORIGINAL - `ORI GLAS TRACT YLINE FROM O�NS pN(Y� Granted from City to Stockover AREA RESERVED AS A 20' X. 250' STORMWATER EASEMENT to SOO Y ,_ la eAR P FENCE 1.8' EAST pUDRF �OF BOUNDARY PfR _,N �'� FLOOD PLt FROM CITY 2.468 acres GIS DEPAR S.JS' Granted from cc L" Stockover to City s� � po i r ��