HomeMy WebLinkAbout095 - 07/18/2006 - AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY ALONG CEDARWOOD DRIVE SUBJECT TO A PERPETUAL UTI ORDINANCE NO. 095, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CERTAIN
REAL PROPERTY ALONG CEDARWOOD DRIVE
SUBJECT TO A PERPETUAL UTILITY EASEMENT
WHEREAS, the City of Fort Collins is the owner of a 3,935 square foot tract of land (the
"Property") shown on attached Exhibit "A,"which is incorporated herein by this reference; and
WHEREAS, the Property was purchased in fee for a sewer line to serve surrounding
development; and
WHEREAS, the City is currently responsible for maintaining the Property; and
WHEREAS, City staff has determined the City does not need fee title to the Property,
and requires only an easement interest in the Property; and
WHEREAS, City staff has further determined that there may be one or more parties
interested in acquiring the Property from the City, subject to a perpetual City utility easement on
said Property, and that conveyance of fee title to the Property would relieve the City of
maintenance and other obligations not required in order to continue the utility easement use; and
WHEREAS, based on staffs review, the proposed consideration of 51,000 for the
Property, subject to a perpetual City utility easement, is a fair value for said Property, and the
conveyance of the Property will not have any adverse effects on the City; and
WHEREAS, staff will make the Property available to the general public on set terms and
conditions and at an established price by advertising and posting the proposed sale, and will
randomly select a buyer from among those offering to buy the Property; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of an interest in real property owned by the City
provided the Council first finds by ordinance that any sale or disposition of that real property
owned by a City utility will not materially impair the viability of the particular utility system as a
whole, will be for the benefit of the City's citizens, and will be 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 City Council hereby finds that the conveyance of the Property as
described in this Ordinance is in the best interests of the City and that such conveyance will not
materially impair the viability of the wastewater utility system as a whole and will be for the
benefit of the citizens of the City.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary for the City to convey the Property subject to a perpetual City
utility easement as described herein, including such terms and conditions as the City Manager, in
consultation with the City Attorney, determines to be necessary or appropriate to protect the
interests of the City, including any necessary corrections to the legal descriptions shown thereon
that do not result in a material increase or change in the character of the property intended to be
conveyed.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, A.D. 2006, and to be presented for final passage on the 18 y of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of , , .D. 2006.
Mayor
ATTEST:
City Clerk
EXHIBIT "A" Page 1 of 2
DESCRIPTION OF THE REMAINDER OF THE CITY OF FORT COLLINS PROPERTY
LOCATED ON CEDARWOOD DRIVE TO BE DEEDED
A tract of land located in the Southwest Quarter of Section 16,
Township 7 North, Range 69 West of the Sixth Principal Meridian
g P r
City of Fort Collins, Larimer County, Colorado, the said tract is
a portion of that certain tract of land described in a Warranty
Deed dated September 22, 1978 and recorded in Book 1894 at Page 547
records of theClerk and Recorder-of
the said Larimer County more
particularly described as follows;
Commencing at the south quarter corner of the said Section 16;
THENCE along the south line of the said northwest quarter,
North 89 degrees 33 minutes 00 seconds West for a distance of
504.00 feet;
THENCE leaving the said south line, North 00 degrees 28
minutes 30 seconds West for a distance of 50.00 feet to the
southwest corner of the said tract described in Book 1894 at Page
547 and to the TRUE POINT OF BEGINNING of this description;
THENCE along the west line of the said tract described in Book
1894 at Page 547, North 00 degrees 00 minutes 30 seconds East for
a distance of 174.33 feet to the south line of that certain tract
of land described in a Quit Claim Deed dated July 31, 1996 and
recorded at Reception No. 96054958 records of the said Clerk and
Recorder;
THENCE along the said south line, South 89 degrees 56 minutes
21 seconds East for a distance of 22.11 feet to the east line of
the said tract described in Book 1894 at Page 547;
THENCE along the said east line, South 00 degrees 28 minutes
30 seconds East for a distance of 159.25 feet;
THENCE continuing along the said east line, along a curve to
the right having a radius of 15.00 feet a central angle of 90
degrees 55 minutes 30 seconds and an arc length of 23.80 feet,
being subtended by a chord of South 44 degrees 59 minutes 15
seconds West for a distance of 21.38 feet to the south line of the
said tract described in Book 1894 at Page 547;
THENCE along the said south line, North 89 degrees 33 minutes
00 seconds West for a distance of 8.34 feet (previously recorded as
9.02 feet) to the point of beginning. Containing 3935 square feet
more 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 and areas are based upon previously
recorded plats and deeds and not upon a actual monumented field
survey. ktEp16491i37i61Af•
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522 17W=)y
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EXHIBIT "A" Page 2 of 2
LOCATION SKETCH - 1519 CEDARWOOD DR.
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(CITY PROPERTY)
F- \` Reception No. 96054958 HECORNER
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—— DESCRIBED IN
BOOK 1894
PAGE 547
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N T S R= 15.00'21.38'
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JAN. 11, 1995 ` S44'59'15"W
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NOTE W. PROSPECT RD.
THIS SKETCH AND THE AREAS Z�
SHOWN DEPICT THE ATTACHED 89'33'00"W
PROPERTY DESCRIPTION ONLY, 504.00,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY. S 1/4 CORNER
16-7-69