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Home My WebLink About026 - 03/03/2015 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MARTIN A ORDINANCE NO. 026, 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 MARTIN AND JUDITH GUTSCHENRITTER 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 Martin and Judith Gutschenritter (the "Gutschenritters"); 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 Gutschenritters were not aware of the encroachment, consisting of landscaping, as they have only owned their property for a year and did not have it surveyed before purchasing it, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Gutschenritters 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 consists of very mature landscaping that has been in place for approximately 20 years; and WHEREAS, the Gutschenritters have agreed to pay a total of $3,850 for the Encroachment Parcel, consisting of$1,350 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 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 - 1 - 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 Martin and Judith Gutschenritter 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 presented for final passage on the 3rd day of March, A.D. 2015. OF G...........,�j yor ATTEST: City Clerk qO0 Passed and adopted on final reading on the 3rd day of March, A.D. 2015. Ma or ATTEST: Fonrc " SEAL 1" City Clerk �o%aa . - 2 - EXHIBIT A DESCRIPTION OF PORTION OF TRACT C, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER OF LOT 4, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND 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 A PORTION OF TRACT C, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING AND CONSIDERING THE EAST LINE OF LOTS 1 AND 2 OF SAID SUBDIVISION TO BEAR S03012'35"W AS SHOWN ON SAID PLAT, MONUMENTED ON BOTH ENDS BY A NO. 4 REBAR WITH PLASTIC CAP STAMPED LS 14823, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S03012'35"W, A DISTANCE OF 185.51 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE S10017'38"W, A DISTANCE OF 51.00 FEET TO THE NORTHEAST CORNER OF LOT 3 OF SAID SUBDIVISION; THENCE S15009'02"W, A DISTANCE OF 93.72 FEET TO THE NORTHEAST CORNER OF LOT 4 OF SAID SUBDIVISION AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 4, N88°56'21"E, A DISTANCE OF 15.00 FEET; THENCE S15009'02"W, A DISTANCE OF 93.73 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 4; THENCE S88056'21"W, A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE EAST LINE OF SAID LOT 4, N15°09'02"E, A DISTANCE OF 93.73 FEET TO THE POINT OF BEGINNING. CONTAINING 1,350 SQUARE FEET (0.031 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 DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. �p NEC STF JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 o 31169 0:1 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX.580, FORT COLLINS, CO 80522 F S:\Engineering\Departments\SuwayAProjects\Natural Areas\PINE RIDGEE\LEGALS\ Lot2-2'Fgs/DNA ND tloc EXHIBIT A continued EXHIBIT OF PORTION OF TRACT C, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER OF LOT 4, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING PT. OF COMMENCEMENT NE CORNER LOT 1, BURNS RANCH AT OUA1L 3 RIDGE SUED., 2ND FILING 3 rn . o LOT 2 m N m LL r MHO to rn N �j 3 m O O N E S B I T C Q U R T PORTION OF 3 TRACT C n n r 3 0 y N � 3 LOT 3 o TRACT C � o h rn POINT OF N88'56'21"E JANUARY 22, 2015 2 BEGINNING 15.00' 1"=50' 0-- O l4j U.. m .jL 3 iW y,.h 3 LOT 4 0�: 0 o rn .o... vi S88'56'21"W Y,OO RE% 15.00' d? > .o r THIS EXHIBIT'S SOLE INTENT IS TO LOT 5 p:p 31169 0;0 GRAPHICALLY REPRESENT AND AUGMENT ../—�_�/ THE ATTACHED PROPERTY DESCRIPTION. IT F DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. �'\'AL LAtAD 38-51-102. IN THE EVENT OF DISCREPANCIES BETWEEN THIS EXHIBIT AND ' THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE 03 ATTACHED PROPERTY DESCRIPTION SHOULD FOUND N0. 4 REBAR WITH BLUE PLASTIC CAP, LS 14823 BE RELIED UPON. O5 FOUND CUT CROSS IN SIDEWALK S,.\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\PINERIDGE NA C30\Pineddge NA.dwg