The URL can be used to link to this page

Home My WebLink About108 - 09/06/2011 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY TO THE LOWER POUDRE AUGMENTATION COMPANY ORDINANCE NO. 108, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY TO THE LOWER POUDRE AUGMENTATION COMPANY WHEREAS,the City is the owner of a parcel of land east of I-25 and north of Harmony Road as described in Exhibit "A", attached and incorporated herein by reference (the "City Property"), which property is part of Arapaho Bend Natural Area; and WHEREAS,the Lower Poudre Augmentation Company(LPAC) is the owner of a parcel of land directly south of the City Property, as described in Exhibit "B", attached and incorporated herein by reference (the "LPAC Property"); and WHEREAS, a recent boundary survey disclosed that the boundary fence between the City Property and the LPAC Property, which was constructed long before the City purchased the City Property in 2000, is located north of the actual property boundary line; and WHEREAS, the strip of property between the existing fence and the actual boundary line, contains approximately 3/4 of an acre, and is described on Exhibit "C", attached and incorporated herein by reference (the "Boundary Parcel"); and WHEREAS, if the City were to relocate the boundary fence it would interfere with improvements constructed on the LPAC Property; and WHEREAS, City staff is recommending that the boundary discrepancy be resolved by conveying the Boundary Parcel to LPAC by quitclaim deed in exchange for an access easement from LPAC to the City across the LPAC Property, which easement would facilitate the City's access to the City Property; and WHEREAS, City staff has identified no negative environmental impacts resulting from the conveyance of the Boundary Parcel; and WHEREAS,at its regular meeting on July 13,201 1,the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council approve the conveyance of the Boundary Parcel to LPAC; and WHEREAS..Section 23-11 1(a)of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 Boundary Parcel to LPAC in exchange for an access easement across the LPAC Property is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to quitclaim the Boundary Parcel to LPAC on terms consistent with this Ordinance, together with such additional terms and conditions as the City Manager,in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to,any necessary changes to the legal description of the property to be conveyed,as long as such changes do not materially increase the size or change the character of the property. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2011, and to be presented for final passage on the 6th day of September, A.D. 2011. G\�-j OF FORT ` oC Mayor ATTEST: �� :O • �� , • �Z e e ,y e • r: City Clerk RA DO Passed and adopted on final reading on the 6th day of September, A.D. 2011. Mayor ATTEST: \�OF pOR7- U: Z ��• AL :N ��jj City Clerk COL O R A00 Exhibit "A" Page 1 of I City Property Description Parcel: 87340-00-902 Legal Description: POR OF FOL WHICH LIES E OF HWY I-25: COM AT NW COR 34-7-685 TH E ON SEC LN 486 FT TO CEN OF CACHE LA POUDRE RIVER; S 34 41 E 1605.5 FT; S 58 13 E 1177 FT; E 1560 FT TO E LN OF SW 1/4 OF NE 1/4; S ON SD LN 700 FT TO SE COR OF SD SW 1/4 NE 1/4; W 1/4 MILE TO CENTER OF SD SEC; S 1/2 MILE TO S 1/4 COR OF SD SEC; W 1/2 MILE TO SW COR OF SD SEC; N 1 MILE TPOB; EX HWY IN 824-141, 825-3651 1229-577, 1229-580, 1247-526, 1450-929, 864-491, 1726-668, 1733- 777; AND BEG AT NW COR 34-7-68, E ON SEC LN 486 FT, S 34 41' E 1605.5 FT, S 58 13' E 1177 FT, E 286.1 FT TPOB, N 32 26 E 286.2 FT, N 61 43 E 368.63 FT, S 57 2 E 445 FT, S 44 001/2 E 138.8 FT; TH S 69 51 E 215.49 FT; TH W 1150.19 FT TPOB LESS 20080065228 Exhibit "B" Page 1 of 1 Lower Poudre Augmentation Company Property Description Parcel: 87344-21-005 Legal Description: OUTLOT A, GATEWAY TIMNATH SUBDIVISION, TIM (20070061458) J Exhibit"C" Page 1 of 2 Boundary Property To Be Conveyed PROPERTY DESCRIPTION A parcel of land situate within the West Half of the Northeast Quarter(WI/2 NEI/4)of Section Thirty-four(34),Township Seven North(T.7N.),Range Sixty-eight West (R.68 W.),Sixth Principal Meridian(6th P.M.),Larimer County,Colorado,more particularly described as follows: BEGINNING at the Center Quarter corner of said Section 34 as monumented by a 3- 1/4"aluminum cap on an aluminum pipe,PLS 25384 and assuming the East line of the Southwest Quarter(S W I/4)of said Section 34 as bearing South 00'06'15"East being a grid bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,with all bearings herein relative thereto,a distance of 2642.70 feet.The South Quarter comer of said Section 34 being monumented by a 3-1/4" aluminum cap on an aluminum rod,PLS 24307. THENCE North 00'06'07"West along the West line of the Northeast Quarter of said Section 34 a distance of 10.50 feet to an existing fence line; The next Nine(9)courses are along an existing fence line: THENCE North 87029'49"East a distance of 25.00 feet; THENCE North 88054'56"East a distance of 190.00 feet; THENCE South 89'36'12"East a distance of 90.00 feet; THENCE North 88051'58"East a distance of 260.00 feet; THENCE North 89'31'08"East a distance of 310.00 feet: THENCE South 89056'30"East a distance of 225.00 feet; THENCE North 87033'24"East a distance of 218.96 feet to the East line of the West Half of the Northeast Quarter of said Section 34; THENCE South 00'l 0'26"East along the East line of the West Half of the Northeast Quarter of said Section 34 a distance of 38.50 feet to the South line of the Northeast Quarter of said Section A THENCE North 8904l'32"West along the South line of the Northeast Quarter of said Section 34 a distance of 1318.76 feet to the POINT OF BEGINNING. Said described parcel of land contains 30,644 sq.ft.or 0.703 acres,more or less. SURVEYOR'S CERTIFICATE I,Lawrence S Pepek,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. P'Do REG zo Z O� 1 rencc S.Pepek—on beh .King Surv. ' ,Inc. Grolorado Registered Professio i�NkC AN�� Land Surveyor#d33642 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 Y::W111931PR0P DFSC&CLOSUR@.LOWER POGDRE AG CO QUIT CLAIM PARCEI-Am Page 1 of 2 - i I i "a a z s D c a ° 3 m I W112NE114 r C 2 N87'29'49"E SECTION34 m EXISTING FENCE LINE m 25.00 N88'54' "E 0.00' S89'3 ' 2"E 0.00' N8 1'58"E 260. D _ 30,644 sq f1. z 0.703 ants N89'41'32"W 1318.76' \ CENTER QUARTER CORNER (SOUTH LINE NEi/4) ro 9. o s SECTION 34. T.7N., R.68W. SE1/4 Z a o 0 POINT OF BEGINNING m ° zi }_y O n SEC77ON34 6 G ° O I N O ? C c SS 0,p m'� z C 1"P m 0 0 0 N N 2 aL1� c1 l N ^,y°'A Ov �' LI�I• S O T N O i n t! •° O a ° m SOUTH QUARTER CORNER �• I B o ° ° ° SECTION 34, T.7N., R.68W.° � 7 ie"° 3 a „ D C m v Wl/2NE2/4 1 % N SEMON34 EXISTING FENCE UNE z c o f N '51'58" 26 .00' 9'31'0 " 3 .00' 89'56'3 "E 225.0 m y o - a° 3 N a° 30,644 sgft. CO = 0.703 acres fD a,o > (SOUTH LINE OF NE1/4) N89-41'32"W 1318.76' SEll4 o xDo z SEC77ON34 m voc� v� No, � a m z�ry� c�Z r m n p rn n .e T ro SE114 EXISTING FENCE LINE- -i SECTION 34 p n W p NO S� U m 589' '30"E 225. 41mX-n �o p o 2 -n 30,644 sgft, p m0.703 acres o Z o a (SOUTH LINE OF NEi/4) N89'41'32"W 1318.76' -p r SE114 003 Z 5 O SECTION 34 CENTER-EAST SIXTEENTH CORNER J, ZE SECTION 34, T.7N., R.68W. i