HomeMy WebLinkAbout121 - 09/20/2011 - AUTHORIZING THE CONVEYANCE OF A PORTION OF A TRACT OF STORM WATER UTILITY PROPERTY TO KEVIN P. CAFFR ORDINANCE NO. 121, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF A TRACT
OF STORMWATER UTILITY PROPERTY
TO KEVIN P. CAFFREY AND JULIA J. CAFFREY
WHEREAS, the City is the owner of Tract E, Clarendon Hills Fifth Filing,,located along
Burns Tributary; and
WHEREAS, Tract E was dedicated to the City for storm drainage, flood plain
management, and Department of Parks and Recreation use with the final plat of Clarendon Hills
Fifth Filing in 1992; and
WHEREAS, the City changed Fossil Creek Trail's location to Shields Street and Parks
and Recreation has no further need for any portion of Tract E; and
WHEREAS, the City still uses the majority of Tract E for storm drainage and flood plain
management; and
WHEREAS, City staff has identified two triangular areas totaling 547 square feet
("Remnant Parcels") that are no longer needed because these areas are outside the erosion buffer
and the City's floodway; and
WHEREAS, Kevin P. Caffrey and Julia J. Caffrey (I'Caffreys") have requested that the
City convey the Remnant Parcels to them for use with their adjacent residential lot; and
WHEREAS, City staff has not identified any negative impacts to the City resulting from
the conveyance of the Remnant parcels described herein; and
WHEREAS, although the statutory provisions establishing the disposition of dedicated
rights-of-way upon vacation do not apply in this instance, the proposed conveyance is consistent
with the principle embodied in that statute of returning the dedicated land to the parcel from
which it was dedicated; and
WHEREAS, due to the small area of the Remnant Parcels, the value of the land is
nominal, and the Caffreys have agreed to compensate the City $1,000 for the Remnant Parcels;
and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of real property owned by a City Utility,
provided the Council first finds by ordinance that such sale or other disposition will not
materially impair the viability of the affected utility system as a whole and that it will be for the
benefit of the citizens and 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 conveyance of the Remnant Parcels to the Caffreys as provided
herein will not materially impair the viability of the affected utility system as a whole and will
be for the benefit of the citizens of the City and is in the best interest of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Remnant Parcels to Kevin'P. Caffrey and Julia J. Caffrey, on terms and
conditions 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 Remnant Property, as long as such changes do not
materially increase the size or change the character of the Remnant Property.
Introduced, considered favorably on first reading, and ordered published this 6th day of
September, A.D. 2011, and to be presented for final passage on the 20th day of September, A.D.
2011.
a c. V. P CO Mayor
ATTEST: v.r •°<<2
City Clerk cOCORA00
Passed and adopted on final reading on the 20th day of September, A.D. 2011.
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ATTEST: :• •2U,
U. S- JAL
Chief Deputy City Clerk COLORP�O
EXHIBIT "A"
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY TO BE
DEEDED TO CAFFREY
Two Tracts of land located in the West half of Section 2, Township 6 North, Range 69 West of
the Sixth Principal Meridian, Larimer County, Colorado, the said Tracts are also a portion of
Tract "E"of Clarendon Hills Fifth Filing, a plat of record with the Clerk and Recorder of the said
Laruner County, being more particularly described as follows;
Considering the Northeasterly line of Lot 3 of Clarendon Hills Fifth Filing First Replat as
bearing North 48 degrees 08 minutes 56 seconds West from a found PLS 12374 plastic cap on
no.4 rebar at the Southeasterly end and PLS 12374 plastic cap on no.4 rebar at the Northwesterly
end of said line, based upon GPS observation and the City of Fort Collins coordinate base, and
with all bearings contained herein relative thereto;
Commencing at the said southeasterly end of the northeasterly line of Lot 3;
THENCE along the northeasterly line of said Lot 3,North 48 degrees 08 minutes 56
second West for a distance of 47.15 feet to the TRUE POINT OF BEGINNING of this
description of Tract 1;
THENCE along the boundary line of Lot 3 South 46 degrees 40 minutes 40 seconds West
for a distance of 52.07 feet;
THENCE continuing along the said boundary line of Lot 3, North 62 degrees 43 minutes
23 seconds West for a distance of 38.27 feet to a point where the City of Fort Collins EROSION
BUFFER LIMIT intersects the said boundary line of lot 3;
THENCE leaving the said boundary line and along the said EROSION BUFFER LIMIT
along a curve to the left non-tangent from the previous line having a radius of 57.67 feet a central
angle of 35 degrees 21 minutes 31 seconds and an arc length of 35.59 feet, being subtended by a
chord of South 88 degrees 08 minutes 37 seconds East for a distance of 35.03 feet;
THENCE continuing along said EROSION BUFFER LIMIT along a non-tangent curve
to the left having a radius of 170.56 feet a central angle of 14 degrees 01 minutes 20 seconds
and an arc length of 41.74 feet,being subtended by a chord of North 62 degrees 20 minutes 58
seconds East for a distance of 41.64 feet to the point of beginning of Tract 1. Containing 481
square feet more or less.
TOGETHER WITH:
With the above described basis of bearing;
Commencing at the said southeasterly end of the northeasterly line of Lot 3;
THENCE along the easterly boundary line of said Lot 3 South 20 degrees 25 minutes 00
seconds West for a distance of 17.59 feet to the TRUE POINT OF BEGINNING of this
description of Tract 2;
THENCE continuing along the easterly boundary line of said Lot 3, South 20 degrees 25
minutes 00 seconds West for a distance of 25.93 feet;
THENCE continuing along the said easterly boundary line of Lot 3, South 35 degrees 20
minutes 03 seconds East for a distance of 8.89 feet to a point where the said EROSION BUFFER
LIMIT intersects the said easterly boundary line of Lot 3;
Pagel of 3
EXHIBIT "A"
THENCE leaving the said easterly bounday line of Lot 3 and along the said EROSION
BUFFER LIMT North 02 degrees 15 minutes 36 seconds West for a distance of 11.24 feet;
THENCE continuing along said EROSION BUFFER LIMIT North 12 degrees 03
minutes 50 seconds East for a distance of 20.78 feet to the point of beginning of Tract 2.
Containing 66 square feet more or less.
The above described Tracts contain a total of 547 square feet more or less and are subject
to all easements and rights of way 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.
ROBERT W. HINTZ COLORADO P.L.S. 38260
P.O. BOX 580 FORT COLLINS, CO. 80522 Pp0 L-1
o,z 38280 N;
1
Page 2 of.3
LOCATION SKETCH � x
CAF- F- REY PROPERTYCD CO.
0
TRACT E
CLAREND❑N HILLS FIFTH FILING
R=170,56
L=41,74 ti
F�
Tan=20,98
D=14°01'20' Vj - Basis of Bearing
N62°20158'E TP❑B
L=3 .59
R= 5 Ch=41.64 Tract 1
59
Tan=18,38
D=35°21'31' w 4�-
S88°08'37'E EROSION BUFFER LIMITS p%
Ch=35,03 h
Tract 1 S o A� ,Qv
AF
TP❑B
a coTract 2
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LOT 3 z p
CLAREND❑N HILLS FIFTH FILING �� 4 SCALE 1"=10'
FIRST REPLAT Tract 2 August 12, 2011
66 sq.ft.
THIS SKETCH AND THE AREAS NO2`15'36'W 11,24'
S35°20'03'E 8,89' M
SHOWN DEPICT THE ATTACHED S35'34'40'E R
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY. R= RECORD MEASURMENT
M= FOUND TO MEASURE