HomeMy WebLinkAbout024 - 03/03/2015 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MARK AND ORDINANCE NO. 024, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT
PINERIDGE NATURAL AREA TO MARK AND LESLIE HAYNAM
WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins
known as Pineridge Natural Area (the "City Property"); and
WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas
Encroachment Policy, which defines what constitutes an encroachment on a natural area and how
violations will be monitored and enforced; and
WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments
onto the City Property by residents in the Quail Ridge Subdivision including Mark and Leslie
Haynam (the "Haynams"); and
WHEREAS, City staff met with the encroaching property owners and gave them the
option of removing the encroachments or purchasing the portion of the City Property affected by
the encroachments; and
WHEREAS, the Haynams were not aware of the encroachment, consisting of mature
landscaping, as they are the original owners of their property and had relied on their builder and
landscaper to lay out their yard and fencing twenty years ago; and
WHEREAS, the Haynams have also been maintaining another strip of City-owned land
adjacent to them, as they thought no one was maintaining it, and they would like,to purchase all
the land they have been maintaining; and
WHEREAS, the portion of the City Property that would be conveyed to the Haynams is
shown and described on Exhibit "A", attached hereto and incorporated herein by reference (the
"Encroachment Parcel'); and
WHEREAS, City staff would not normally consider or recommend conveying away
Natural Areas property to resolve encroachments, but the Encroachment Parcel is a small,
awkward piece of property bordered by two parcels of private property and a street and is
burdened by an irrigation pipeline running across it; therefore Natural Areas prefers not to own
and maintain that portion of the City Property; and
WHEREAS, the Haynams have agreed to pay a total of $4,236 for the Encroachment
Parcel, consisting of$1,736 for the value of the property as determined by Real Estate Services,
a $1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and
WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel
any utility, drainage, irrigation or other easements needed to accommodate existing City
facilities; and
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WHEREAS, the Land Conservation and Stewardship Board voted unanimously to
recommend that the City Council sell the Encroachment Parcel to resolve the encroachment
issue; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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
Encroachment Parcel to Mark and Leslie Haynam as provided herein 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 Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or
change the character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 17th day of
February, A.D. 2015, and to be resented for final passage on the 3rd day of March, A.D. 2015.
G\�t O F FORT
Mayor
ATTEST: n: ;'C-2
l
D
City Clerk
Passed and adopted on final reading on the 3rd day of March, A.D. 2015.
,o;.......,,.<�� MiVyor
ATTEST:
City Clerk OR
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EXHIBIT A
DESCRIPTION OF PORTION OF TRACT A, BURNS RANCH AT QUAIL RIDGE
SUBDIVISION, FIRST FILING OWNED BY THE CITY OF FORT COLLINS
TO BE CONVEYED TO THE OWNER OF LOT 2, BURNS RANCH AT QUAIL
RIDGE SUBDIVISION, FIRST FILING
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT
PORTION OF TRACT A, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST
FILING LYING NORTH AND WEST OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, BURNS RANCH AT QUAIL
RIDGE SUBDIVISION, FIRST FILING, AND CONSIDERING THE EAST LINE OF
SAID LOT 2 TO BEAR S24033'42"E AS SHOWN ON SAID PLAT, MONUMENTED ON
BOTH ENDS BY A NO. 4 REBAR WITH AN ILLEGIBLE PLASTIC CAP, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE N02031'49"E, A DISTANCE OF 71.01 FEET;
THENCE N27047'09"W, A DISTANCE OF 7.62 FEET TO THE SOUTHWEST
CORNER OF LOT 1 OF BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST
FILING, SAID POINT BEING THE POINT OF TERMINUS.
CONTAINING 6,945 SQUARE FEET (0.159 ACRES), MORE OR LESS, AND BEING
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT
NOW EXIST ON THE GROUND.
I HEREBY STATE THAT THE ABOVE D TION WAS PREPARED BY ME AND
IS TRUE AND CORRECT TO THE B�•GOP.!M OFESSIONAL KNOWLEDGE,
BELIEF, AND OPINION. 6f O'iitN J.
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JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS
P.O. BOX 580, FORT COLLINS, CO 80522
S:\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\LEGALS\ Lot2 Haynam.doc
EXHIBIT A continued
EXHIBIT OF
PORTION OF TRACT A, BURNS RANCH AT QUAIL RIDGE SUBDIVISION,
FIRST FILING OWNED BY THE CITY OF FORT COLLINS
TO BE CONVEYED TO THE OWNER OF LOT 2,
BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING
CO
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LOT 1
M R L�13.0 1.90' ... .'.......::::::.
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(' ,9 ChB=SChL— 02"W J.fPORTION F-:.�:.
ChL=21.90' rr:: TRACT A\ ::...:.
/ 6945 S.F.. .,.,_.,.\ ,.
:.' ::::::: POINT OF
NBB'13'15"E 79.27' .., ERMINUS
1 N27'47'09"W
6' UTIL ESMT. �!' .:' 'V 7.62'
%'::. UTIL. ESMT.
LOT 2
N2'31'49"E
�P \ 71.01'
Zp N\ PORTION OF
2 TRACT A
POINT OF
BEGINNING
LOT 3 �nr �,,�
JANUARY 22, 2015 ��DO R G N'
1"=50'
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THIS EXHIBIT'S SOLE INTENT IS TO L ° :pp 31�0. . "
GRAPHICALLY REPRESENT AND AUGMENT
THE ATTACHED PROPERTY DESCRIPTION. IT .� Z9- ZO% 'J0
DOES NOT REPRESENT A MONUMENTED
LAND SURVEY AS DEFINED IN C.R.S.
38-51-102. IN THE EVENT OF 'VAL LAB
DISCREPANCIES BETWEEN THIS EXHIBIT AND
THE ATTACHED PROPERTY DESCRIPTION,
THE INFORMATION CONTAINED WITHIN THE �2 FOUND NO. 4 REBAR WITH ILLEGIBLE CAP
ATTACHED PROPERTY DESCRIPTION SHOULD
BE RELIED UPON. (g)5 FOUND CUT CROSS IN SIDEWALK
S.\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\PINERIDGE NA C3D\Pineridge NA.dwg