HomeMy WebLinkAbout058 - 05/21/1996 - AUTHORIZING A DEED OF CONVEYANCE FOR THE EXCHANGE OF A PORTION OF TRACT B CEDAR VILLAGE FOR A PORTIO ORDINANCE NO. 58, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A DEED OF
CONVEYANCE FOR THE EXCHANGE OF A PORTION OF
TRACT B CEDAR VILLAGE,FIRST FILING, CITY OF
FORT COLLINS TO JOHN L. AND CAROLYN B. BLOOMBERG
FOR THAT PORTION OF LOT 90, CEDAR VILLAGE,FIRST FILING NEEDED
FOR THE DRAKE ROAD WIDENING AND SPRING CREEK IMPROVEMENT PROJECT
WHEREAS, the City's Stormwater Utility received land for the Spring Creek Channel
legally described as Tract B, Cedar Village, First Filing, in the City of Fort Collins for a storm
drainage channel; and
WHEREAS, John and Carolyn Bloomberg own Lot 90, Cedar Village, First Filing, which
is contiguous to the Spring Creek Channel; and
WHEREAS, the City needs 2,376 square feet of Lot 90, which parcel is more particularly
described on Exhibit A,attached hereto and incorporated herein by this reference (the "Bloomberg
Parcel") for the Spring Creek Bicycle/Pedestrian Trail to be constructed with the Drake Road
Widening/Spring Creek Improvement Project; and
WHEREAS,City Staff has negotiated an agreement with the Bloombergs whereby the City
would convey a portion of Tract B more particularly described on Exhibit B, attached hereto and
incorporated herein by this reference (the "Stormwater Parcel") in exchange for the Bloomberg
Parcel; and
WHEREAS,the City Stormwater Utility has determined that the Stormwater Parcel is outside
of the 100 year floodplain and is not needed for the conveyance of stormwater or otherwise for use
by the Stormwater Utility; and
WHEREAS,the Stormwater Parcel and the Bloomberg Parcel are estimated to be of equal
value and an even trade thereof is thus equitable; and
WHEREAS, Section 23-111 (a)of the City Code authorizes the City Council to sell interests
in real property owned in the name of the City, provided that the Council first finds, by ordinance,
that such sale or other disposition is in the best interest of the City; and
WHEREAS, Section 23-111 (b) of the City Code authorizes the City Council to dispose of
real property which is part of the City's water or utility systems provided the Council determines
that the disposition will not materially impair the viability of the particular utility system as a whole
and that 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 by the City the Stormwater Parcel in exchange for the
Bloomberg Parcel is in the best interests of the City and will result in receipt by the City of equal
value for the Stormwater Parcel.
Section 2. That the conveyance of the Stormwater Parcel in exchange for the Bloomberg
Parcel in accordance with the terms hereof will not materially impair the viability of the City's
Stormwater Utility as a whole and will result in benefit to the citizens of the City.
Section 3. That the Mayor is hereby authorized to execute such documents of conveyance
as are necessary for the City to convey the Stormwater Parcel in exchange for the Bloomberg Parcel
consistent with the terms and conditions described above.
Introduced,considered favorably on first reading,and ordered published this 7th day of May,
A.D. 1996, and to be presented for final passage on the 21st day of May, A.D. 1996
Mayor
ATTEST:
I,�,Y- - 4
City Clerk
Passed and adopted on final reading this 21 st day of May, A. 996.
ayor
ATTEST:
City Clerk
Exhibit A
DESCRIPTION OF THAT PORTION OF THE CITY OF FORT COLLINS PROPERTY TO
BE DEEDED TO BLOOMBERG
A tract of land located in the Northwest Quarter of Section 27,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also a portion of Tract A of the Plat of Cedar Village First Filing
a Plat of record with the Clerk and Recorder of the said Larimer
County;
Commencing at the northeast most corner of Lot 90 of the said Plat
of Cedar Village First Filing;
THENCE along the northerly line of the said Lot 90, South 82
degrees 13 minutes 02 seconds West for a distance of 86. 42 feet to
the northwesterly corner of the said Lot 90;
THENCE along the westerly line of the said Lot 90, South 55
degrees 46 minutes 42 seconds West for a distance of 8 . 51 feet to
the southwesterly line of the proposed portion of the said Lot 90
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 westerly line of Lot 90,
South 55 degrees 46 minutes 42 seconds West for a distance of
109 .75 feet to the southwesterly corner of the said Lot 90;
THENCE along the westerly prolongation of the southerly line
of the said Lot 90, North 62 degrees 15 minutes 48 seconds West for
a distance of 4 . 10 feet;
THENCE leaving the said prolongated line, North 40 degrees 19
minutes 58 seconds East for a distance of 81. 31 feet;
THENCE South 87 degrees 01 minutes 24 seconds East for a
distance of 41.80 feet td the point of beginning. Containing 1549
square feet more or less.
The above described tract 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 is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522