HomeMy WebLinkAbout079 - 06/03/2014 - AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO CCF INVESTMENTS, LLC IN EXCHANGE FOR A NEW PARK SITE ORDINANCE NO. 07% 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CITY PROPERTY
TO CCF INVESTMENTS, LLC IN EXCHANGE FOR A NEW PARK SITE
WHEREAS, the City is the owner of a parcel of real property located in Latimer County,
Colorado, as described on Exhibit A. attached and incorporated herein by reference (the
"Property"); and
WHEREAS, Country Club Farms, LLC ("CCF") conveyed the Property to the City in
2003 as the site for a future park within its Waterfield V.U.D. Second Filing development; and
WHEREAS, CCF's'right to develop under the Waterfield Second plat has since expired,
and the planned location of the new Vine Drive now goes through a portion of the Property; and
WHEREAS, CCF Investments, LLC, ("CCFI"), the successor in interest to CCF, is
working on a new subdivision plat, Waterfield Third Filing, a replat of a portion of Waterfield
Second Filing and a portion of Waterfield First Filing, in order to move forward with the
development; and
WHEREAS, City staff worked with representatives from CCFI and Poudre School
District to select an equivalent new park site and school site adjacent to each other; and
WHEREAS, CCFI will dedicate the new park site to the City as part of the Waterfield
Third plat; and
WHEREAS, City staff is recommending that the Property be conveyed to CCFI as a
straight exchange for the new park site; and
WHEREAS, under Section 23-111(a) of the City Code, 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 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, because the Property is no longer appropriate as a park site due to
the planned location of new Vine Drive, and because CCF Investments has agreed to convey a
new park site to the City as part of its replat, the City Council hereby finds that the conveyance
of the Property to CCF Investments under the terms listed above is in the best interests of the
City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Property to CCF Investments on terms and conditions consistent with
1
_ this Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines to be necessary and appropriate to protect the
interests of the City, including, but not limited to, any necessary changes to the legal description
of the Property, as long as such changes do not materially increase the size or change the
character of the property to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 20th day of
May, A.D. 2014, and to be presented for final passage on the 3rd day of June, A.D. 2014.
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ATTEST:
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City Clerk
Passed and adopted on final reading on the 3rd day of June, A.D. 2014.
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EXHIBIT A
That portion of the West Half of Section 5, Township 7 North, Range 68 West of
the WE P.M., County of Latimer, State of Colorado described as follows.
Considering the West line of the Southwest Quarter of said Section 5 as bearing
North 00°25'55" East and with all bearings contained herein relative thereto.
Beginning at the Southwest corner of said Section 5; thence along said West line of
the Southwest Quarter North 00°25'55" East 1241.77 feet; thence South
89°34'05" East 56.00 feet to the True Point of Beginning; thence South 89°34'05"
East 282.82 feet; thence South 36°12'35" East 73.53 feet; thence South 67°40'41"
East 214.09 feet; thence South 31°02'24" East 402.12 feet; thence North
89°33'59" West 714.60 feet to the beginning of a non-tangent curve concave to the
Northeast having a central angle of 11°29'12" and a radius of 1033.00, the chord of
which bears North 05°18'41" West for 206.75 feet; thence Northerly along the arc
of said curve 207.10 feet; thence tangent from said curve North 00°25'55" East
276.07 feet to the True Point of Beginning