HomeMy WebLinkAbout026 - 02/20/2007 - AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY IN SECTION 6, TOWNSHIP 7 NORTH, RANGE 68 WEST ORDINANCE NO. 026, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY
IN SECTION 6, TOWNSHIP 7 NORTH, RANGE 68 WEST
WHEREAS, the City of Fort Collins is the owner of a 4,118 square foot tract of land (the
"Property") shown on attached Exhibit"A,"which is incorporated hereby by this reference; and
WHEREAS, the Property was conveyed to the City by Donald and Beverly Weiss as a
part of the Dry Creek Drainage Improvement Project—East Vine Diversion Channel; and
WHEREAS, the City does not need fee title to the Property; and
WHEREAS, currently the City is responsible for maintaining the Property and the fence
running along the southern edge of said property; and
WHEREAS, Lindenwood Home Owners Association is the adjoining property owner and
is willing to take title to the Property and assume the responsibility to maintain it and the fence;
and
WHEREAS, the proposed conveyance of the Property would be partial consideration to
Lindenwood Home Owners Association for the acquisition of a. Permanent Storm Water
Easement over and across land belonging to the Association; and
WHEREAS, based on staffs review, the conveyance of the Property will not have any
adverse effects to the City; 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 the City will not materially impair the viability of any City utility system as a whole,
of which the Property is a part, 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 to
Lindenwood Home Owners Association is in the best interests of the City.
Section 2. That conveyance of the Property will not materially impair the viability of the
utility system as a whole and will be for the benefit of the citizens of the City.
Section 3. That the Mayor is hereby authorized to execute documents necessary for the
City to convey the Property to Lindenwood Home Owners Association, consistent with the terms
of this Ordinance, together with such additional terms and conditions as the Mayor, in
consultation with the City Attorney, determines to be necessary and appropriate to protect the
interests of the City.
Section 4. That the Mayor is hereby authorized to correct any typographical errors found
within any documents of conveyance contemplated by the language of this Ordinance, as the
Mayor, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 6th day of
February, A.D. 2007, and to be presented for final passage on the 20th day of February, A.D.
2007.
i
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day o ary, A.D. 2007.
i
May r
ATTEST:
City Clerk 1-4
Staftt c Consulting Inc
209 South Metdtum Sheet
fart Collins CO 30521-2605
tel:(970)482-5922 Fu:(970)482-6368
stantec. Cn
Stantec
EXHIBIT A
DESCRIPTION
A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range
68 West of the 6`I' Principal Meridian, County of Larimer, State of Colorado being more
particularly described as follows;
Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being
monumented at the Northwest Corner of Section 6 by a 3 '/" brass cap in range box
stamped "PLS 20123 , 1989" , and at the West IA corner of Section 6 by an illegible 3 A"
cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear,
South 00°34'01" West , with all bearings herein relative thereto;
COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01"
West, 1971.U feet along the West line of the Northwest Quarter of said Section 6, to the
Southwest Corner of the North Half of the South Half of the North Halfof said Section 6
as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of
the records of Latimer County, Thence North 8904l'31" East, 2715.48 feet along the
South line of the North Half of the South Half of the North Half of said Section 6, to the
Southeast Comer of said Lindenwood Second Filing, also being the Southwest Corner of
Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Larimer
County; Thence North 89°41'31" East, 1189.55 feet along the South line of the North
Half of the South Half of the North Half of said Section 6 and the South line of said
Lindenwood Third Filing, to the Northwest Corner of that parcel described at Reception
No.99038798, of the records of Larimer County to the TRUE POINT OF BEGINNING;
Thence North 89°41'3l" East, 475.10 feet along the South line of Tract B of said
Lindenwood Third Filing to the Northeast Comer of said parcel described at Reception
No. 990J8798; Thence South 00°53'29" West, 6,64 feet alonz the Easterly line of said
parcel to an existine fence; Thence South 89'12'08" West, 475.21 feet along a line which
best approximates the location of an existing fence to the Westerly line of said parcel;
Thence North 00°53'29" East, 10.70 feet along said Westerly line to the TRUE PONT
OF BEGINNING
The above-described tract contains 4,118 square feet or 0.095 acres, more or less, and is
subject to all casements and rights of way of record or existing.
David L. Swanson
Colorado Professional Land Surveyor Registration Number 36070
E Sr
Revised: November 29,2006 �• A •• •O
V'5287iFactive`I87310058'suney`exhtba1EXHIBIT E 10058v-es006E.doc
l i 3NT13
o:
�ss�9.:-ems°e
���/AL lP'�O
. . . . _
5. . _ OF
/ } .... . ,l;, . , . me �m �
} 2 C8
mCORNER \\Q§
SECOND MUNGUNDENWOOD
9� .
i i = �- — | �^ » §( msl\j 0
| | ' ! _ : , � ��.§ ■
`|I� ;
t a
! #
\ t . ( \ m
3 p . , � ( s
§4m \ ( \ i )
ƒ \ \ § ■ ■
X ;;
� ` »
$¢§ x / }§ 00 ■
2 B0 ■
FA
m � �0 I ) i ° B
| . q � § 1 / ` a
C | ; : §R
; z
■ � � � ! ��2 § | @
| m
k §
o
I-ap| 9 p \
. ct . , § ■
� . . . - - \ ; \ / ■
@ E| |
§;|
k
| | ` `*+
s ;{zgzu
, |
UL--J
, ], �