HomeMy WebLinkAbout027 - 03/03/2015 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO WARD AND ORDINANCE NO. 027, 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 WARD AND APRIL WHICKER
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 Ward and April
Whicker (the "Whickers"); 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 Whickers were not aware of the encroachment, consisting of a fence and
landscaping, as they did not have their property surveyed before constructing their fence, but
they would like to purchase the encroachment area; and
WHEREAS, the portion of the City Property that would be conveyed to the Whickers 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 a well-
constructed fence at the toe of a steep slope that makes an appropriate and convenient boundary
between the City Property and the Whickers' property; and
WHEREAS, the Whickers have agreed to pay a total of $3,917 for the Encroachment
Parcel, consisting of$1,417 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
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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 Ward and April Whicker 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.
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Passed and adopted on final reading on the 3rd day of March, A.D. 2015.
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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 9, 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 Cl BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING; AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS::
COMMENCING AT THE NORTHEAST CORNER OF LOT 10, BURNS RANCH AT
QUAIL RIDGE SUBDIVISION, SECOND FILING AND CONSIDERING THE
NORTHEAST LINE OF SAID LOT 10 TO BEAR S25042'18"E AS SHOWN ON SAID
PLAT, MONUMENTED ON ITS NORTH END BY A NO. 4 REBAR WITH NO CAP
AND ON ITS SOUTH END BY A NO. 4 REBAR WITH ILLEGIBLE PLASTIC CAP,
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE NORTH LINE OF SAID LOT 10, S64017'42"W, A DISTANCE
OF 5.59 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, S64°17'42"W, A DISTANCE OF
14.41 FEET TO THE SOUTHEAST CORNER OF LOT 9 OF SAID SUBDIVISION;
THENCE N25042'18"W, A DISTANCE OF 90.00 FEET TO THE NORTHEAST
CORNER OF SAID LOT 9;
THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF
SAID LOT 9, N64017'42"E, A DISTANCE OF 17.08 FEET;
THENCE S24000'22"E, A DISTANCE OF 90.04 FEET TO THE POINT OF
BEGINNING.
CONTAINING .1,417 SQUARE FEET (0.033 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 DES �r N AS PREPARED BY ME AND
IS TRUE AND CORRECT TO THE BESiP� SIONAL KNOWLEDGE,
BELIEF, AND OPINION.
o 6 n' r
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SS��NAL 1010'
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\Lot9-2" Flg Whickecdoc
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 9,
BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING
TRACT C
N64'17'42"E
tP 17.08'
i
LOT 8
3
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N54'17'42'E
00 POINT OF
5 O �� v. /'COMMENCEMENT
IP LOT 9 00. a/
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S64'17'42"W �O�
<T 14.41' o+m
POINT OF N y
BEGINNING o yc
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LOT 10
JANUARY 22, 2015 �mnvmm
THIS EXHIBIT'S SOLE INTENT IS TO
GRAPHICALLY REPRESENT AND AUGMENT
THE ATTACHED PROPERTY DESCRIPTION. IT
DOES NOT REPRESENT A MONUMENTED
LAND SURVEY AS DEFINED IN C.R.S.
38-51-102, IN THE EVENT OF �S'
DISCREPANCIES BETWEEN THIS EXHIBIT AND O2 FOUND NO. 4 REBAR WITH ILLEGIBLE CAP v�L LA00�'J
THE ATTACHED PROPERTY DESCRIPTION,
THE INFORMATION CONTNNED WITHIN THE 04
ATTACHED PROPERTY DESCRIPTION SHOULD FOUND N0. 4 REBAR NO CAP, BENT, LOCATED BASE
BE RELIED UPON. Qi5 FOUND CUT CROSS IN SIDEWALK
S.\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\PINERIDGE NA C3D\Pineridge NA.dwg