HomeMy WebLinkAbout031 - 02/06/2018 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MICHAEL ORDINANCE NO. 031, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY
AT PINERIDGE NATURAL AREA TO MICHAEL AND MARY PAT MCCURDIE
WHEREAS, the City is the owner of a parcel of land located in southwest Fort llins
kno as Pineridge Natural Area (the "City Property"); and
EREAS, Michael and Mary Pat McCurdie own a parcel of land in the uail Ridge
subdivision d'acent to the City Property; and
WHERE S, in 2011 the Natural Areas Department developed he Natural Areas
Encroachment Poli which defines what constitutes an encroachment on natural area and how
violations will be mo 'tored and enforced; and
WHEREAS, in 20 Natural Areas rangers discovered sev al significant encroachments
onto the City Property by res ents in the Quail Ridge subdivisio including the McCurdies; and
WHEREAS, City staff me ith the encroaching pro rty owners and gave them the option
of removing the encroachments or chasing the portio of the City Property affected by the
encroachments; and
WHEREAS, the McCurdies electe not ' pursue a purchase of the area they were
encroaching on because their encroachment w asy to remove, and Natural Areas staff advised
them that staff could not support a sale when e croachment was easy to remove; and
WHEREAS, on March 3, 2015, t e City Co it adopted Ordinance Nos. 022, 023, 024,
025, 026 and 027, 2015, authorizing t conveyance of rtions of the City Property to several of
the McCurdies' neighbors to resolve ncroachment issues; nd
WHEREAS,because of ese conveyances,the east pro rty line of the parcel to the north
of the McCurdie's property ow extends approximately fifteen eet further out into the City
property than the McCurdi s east property line; and
WHEREAS, i my 2017 the McCurdies submitted a petition to t City asking to acquire
606 square feet of t e City Property in order to even out the east boundary 'ne of their property
relative to the bo dary line of their neighbors; and
WH AS, the portion of the City Property that would be conveyed to the cCurdies is
shown an described on Exhibit "A", attached.hereto and incorporated herein by re rence (the
"Bound Parcel"); and
WHEREAS, if the conveyance'is approved, the McCurdies would be required to pa the
ty $1,500 to cover administrative costs associated with processing the transaction, $1,000
POSTPONED INDEFINITELY
ON FIRST READING
2/6/18
t
ich they have already paid,pay their surveyor to complete and record a survey, and pay the C'
$6 for the value of the land conveyed; and
EREAS, the Land Conservation and Stewardship Board voted at its regula meeting
on Janu 10, 2018, to recommend that the City Council not sell the Boundary Parce , and
WHE AS,the value to the City of the transaction would be receiving re' bursement for
the property con yed, which could be spent on other Natural Areas projects, us compensation
for the City's admi 'strative costs, with minimal impact to the City Property- and
WHEREAS, Se ion 23-111(a) of the City Code authorizes e City Council to sell,
convey, or otherwise disp e of any and all interests in real propert owned in the name of the
City, provided that the City uncil first finds, by ordinance, that ch sale or other disposition is
in the best interests of the City.
NOW, THEREFORE, BE I RDAINED BY THE OUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Coun `I hereb makes and adopts the determinations and
findings contained in the recitals set forth abo e.
Section 2. That the City Council ere finds that the conveyance of the Boundary
Parcel to the McCurdies as provided herei s in the st interests of the City.
Section 3. That the Mayo is hereby authors ed to execute such documents as are
necessary to convey the Boundary P rcel on terms and con ' ions consistent with this Ordinance,
together with such additional to s and conditions as the Cit anager, in consultation with the
City Attorney, determines ar necessary or appropriate to p tect the interests of the City,
including,but not limited to, y necessary changes to the legal desc ' tion of the Boundary Parcel,
as long as such changes d of materially increase the size or change e character of the property
interest to be conveyed.
Introduced, onsidered favorably on first reading, and ordered publ hed this 6th day of
February,A.D. 2 8,and to be presented for final passage on the 20th day of Fe uary,A.D. 2018.
Mayor
ATT T:
c
City Clerk
POSTPONED INDEFINITELY
ON FIRST READING
2/6/18
Passed and adopted on final reading on the 20th day of February, A.D. 2018.
I
Mayor
\TTEST.
City Clerk
" POSTPONED INDEFINITELY
ON FIRST READING
2/6/18