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HomeMy WebLinkAbout012 - 02/07/2017 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA (2) ORDINANCE NO. 012, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT CATHY FROMME PRAIRIE NATURAL AREA TO STEVEN JONES WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins known as Cathy Fromme Prairie 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 2016 Natural Areas rangers discovered eleven significant encroachments onto the City Property by residents in the Fox Hills Subdivision including Steven Jones; and WHEREAS, City staff discussed the situation 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, City staff does not always consider or recommend conveying away Natural Areas property to resolve encroachments, but in this case the encroachments are long standing and of significant value, and were created in part due to a misunderstanding about ownership of the City Property; and WHEREAS, all but seven of the substantial encroachments have been resolved, and the remaining property owners, including Mr. Jones, have asked that the City sell them the small parcels of land where they are encroaching; and WHEREAS, the portion of the City Property that would be conveyed to Mr. Jones is shown and described on Exhibit "A", attached hereto and incorporated herein by reference (the "Encroachment Parcel'); and WHEREAS, the City would reserve from the conveyance of the Encroachment Parcel any utility, drainage, or other easements needed to accommodate existing City facilities; and WHEREAS, Mr. Jones has agreed to pay a total of$3,101 for the Encroachment Parcel, consisting of$601 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 Land Conservation and Stewardship Board voted 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. 4- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Encroachment Parcel to Steven Jones as provided herein is in the best interests of the City. Section 3. 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 January, A.D. 2017, and to be presented for final passage on the 7th day of February, A.D. 2017. Mayor FORTCO�C ATTEST: v~. • .�N . SEAL •, 0 City Clerk �cL cOLORAv Passed and adopted on final reading on this 7th day of February, A.D. 2017. SEAL Mayor ATTEST: ' ,COLORPO City Clerk -2- EXHIBIT A DESCRIPTION OF A PORTION OF TRACT I, FOX HILLS SECOND FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER OF LOT 26, FOX HILLS SECOND FILING A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, 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 1, FOX HILLS SECOND FILING; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 26, FOX HILLS SECOND FILING AND CONSIDERING THE WEST LINE OF SAID LOT 26 TO BEAR N14000'00"W AS SHOWN ON THE PLAT THEREOF, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A NO. 4 REBAR WITH ORANGE PLASTIC CAP STAMPED LS 5028, AND ON ITS NORTH END BY A 1" BRASS TAG STAMPED LS 5028 IN THE CONCRETE SIDEWALK ON THE EXTENSION OF SAID WEST LINE AT A POINT 3.00 FEET DISTANT FROM THE NORTHWEST,CORNER OF SAID LOT 26, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE N76000'00"E, A DISTANCE OF 80.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 26; THENCE ALONG THE SOUTH LINE OF TRACT F, FOX HILLS SECOND FILING, N50027'57"E, A DISTANCE OF 6.23 FEET; THENCE S14°22'27"E, A DISTANCE OF 6.53 FEET; THENCE S71053'23"W, A DISTANCE OF 85.88 FEET TO THE SOUTHEAST CORNER OF LOT 27, FOX HILLS SECOND FILING; THENCE ALONG THE EAST LINE OF SAID LOT 27, N14°00'00"W, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 601 SQUARE FEET (0.014 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. -- ti ► :o 31169 o_ d „ A a .Z JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 �ss�oy tao5 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS �� P.O. BOX 580, FORT COLLINS, CO 80522 S:\EngineeringM:)epartments\Survey\ProjectsV�atural Areas\Fox Hills\Legals\Lot 26-Jones Lgl.doc EXHIBIT OF PORTION OF TRACT I, FOX HILLS. SECOND FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO -THE OWNER OF LOT 26, FOX HILLS SECOND FILING N JANUARY 3, 2017 ©� FOUND 1" BRASS TAG IN CONCRETE LS 5028, 3.00' OFFSET TO LOT CORNER 02 FOUND NO. 4 REBAR WITH ORANGE PLASTIC CAP, LS 5028 �P ? LOT 25 O o LOT 26 CD 3 � m x N50'27'57"E 6.23' 0 LOT 27 u� N N x O 2 x 0 LL N POINT F ~-N50'27.57'E 15.93' BEGINNS14'22'27"E 6.53' 6,00• z N601 SY•Mw 8588 o N14'00'00"W 10.00' S��•823 ai'�G R1C�S,T a 2 TRACT 1 :� m: • :� 31169 0: - E THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY REPRESENT n AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES o NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN �ss�'•.. J¢ 0 C.R.S. 38-51-102. IN THE EVENT OF DISCREPANCIES BETWEEN pn/AL LA��pS c_ THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE o INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION SHOULD BE RELIED UPON. c iri Account#: FTC-003160 FORT-COLLINS W Invoice Text C�.nj0L_LL_j0j_ _ 0 0-j)— N_ NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper for 1 Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,January 22,2017 that the last publication thereof was contained in the issue of said newspaper on Sunday,January 22,2017 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Latimer,State of Colorado this r. Monday,January 23,2017 LADONNAMARYUWAR NOTARY PUBLIC•STATE OF COLORADO My Commission expires September 3,2019 My Idemikeforl#20154035099 / Explrea September 3,201 Notary Public Legal No.0001869930 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,Januaiy 23,2017 9:29 aim NOTICE z1S HEREBYsG1VEN that.,the' ORDINANCE N0.033,2017 1. OF THE COUNCIL OF:THE CITY OF Fart,Collins City Council" on+:Tuesday, s`FORTCOLLINS January 17 2017 `passed and adapted; AUTHORIZING THE CONVEYANCE the "following ordinances';Yon' first OF'APORTIONOFCITY-OWNED reading:,'These'ord[ilances•will be Pre PROPERTY rented for final Passage on February 7, AT.CATHY FROMME PRAIRIE..:. . 2037c NATURAL AREA TO FRANK-AND LORENDA VOLKER:'. :.. ORDINANCE:NO 006,2017', OF THE COUNCIL OF �fORDINANCE NO.014,2017 THE:CITY OF.F.ORT COLLINS OF THE COU NC IL 0P.' APPROPRIATING';UNANTICI PATE D THE CITY OF FOR COLLINS. GRANT REVENUE:IN AUTHORIZING THE CONVEYANCE THE;GEN£R'AL FUND'FOR THE OF A'PORTION;..CITY-OWNED FORT'.COLLENS POLICE 4?! PROPERTY:AT.CATHY FROMME SERVICESMICT:IM SERVICES UNIT PRAIRIE NATURAL AREA TO DANE AND LYNN BRANDT ORDINANCE'NO 07 0 ,'2017 IOF;THEiCOUNCIi'OF ORDINANCE NO 015,2017 THE,GIT I.OF FORMCOLLINS OF THE`COVNCIL OF APPROPRIATING,VNANTiGIPATED ` THE CITY'OF:FORT COLLINS GRANT'REVENUE'IN 7HE AUTHOR IZJNG:THE'CONVEYANCE.Z. F GENERALFUNWF,ORTHE'ENCORE f .: ;OF.APORTION;OF,,cITY-OWNED ELLOWSHIP'PROGRAM •,. - - `PROPERTY AT'CATHY•FROMM %'' 'PRAIRIE NATURAL AREA,. ORDINANCE NO.008,2017 TO BARBARA'AND THOMAS.CYNKAR-. OF THE COUNCIL OF. THEiCITY OF FORT.COLLINS 'ORDINANCE NO.016,-2017 APPROPRIATING:UNANT ICI PATE D OF THE.COUNCIL OF GRANT<REVENUE'IN THE GENERAL THE CITY.OF.FORT COLLINS FUND;F.,ORaTHE.ENVIRONMENTAL AUTHORIZING THE CONVEYANCE.:i 8£RV[CES RADON+PROGRAM AND OF A:PORTION OF CITY-OWNED .: AU,T,HO(21ZING`:THE TRANSEEWOF ' PROPERTY.AT CATHY.FROMME MATCHLNG FUNDS PREVIOUSLY PRAIRIE NATURAL AREA TO AEPI2'OPRIATEDrIN THE STEVEN HUVAL ENVIRONMENT.AL.SERVICES _ 3 DEPARTMENT OPERATING BUDGET"- ORDINANCE NO.017,2017 ORDINANCE NO OF THE:000NCIL OF 009,,2017 THE CITY OF FORT'COLLINS OF THE COUNCIL OF :AUTHORIZING THE CONVEYANCE THE CITYiOF-FORT COLLINS OF A PORTION OF CITY-OWNED APPROPRI iNG PRIOR YEAR RE-' PROPERTY AT CATHY FROMME':: SERVES IN...1 E STORM DRAINAGE PRAIRIE NATURAL AREA: FUND Td;kPAY 2017 FEES FOR THE TO ROBERT AND.YUKARI SAMUEL CITY OF FORT GOLLINS!AREAS N0. OF17 WITH IMTHEyBMOXELDERIBASIN RE ORDIOFTHE C NANCE 037 NO 01 01 8,2 GIONAL STORWAT£2 AUTHORITY ORDINANCE NO:031,2017 THE CITY OF FORT COLLINS THE C00NCIL OF. AUTHORIZING THE CONVEYANCE THE CITY OF FORT COLLINS OF A PORTION OF CITY-OWNED T AUTHORIZING THE EXECUTION OF PROPERTY.AT.CATHY FROMME AN AMENDED AND RESTATED PRAIRIE ANTE NATURAL: AN TO STEPHANIE YANG 'CONSERVATION EASEMENT WITH SCOTT LAVOLETTE COLORADO:OPEN`LANDS;ON THE KINGFISWER:AND NIX NATURAL ORDINANCE N0:019,2017 AREAS,>INCLUDING CONVEYANCE OF:THE`COUNCIL OF OF A CON'SERVATIMEASEMENT-. THE CITY-OF FORT COLLINS ON ADDITIONAL LAP7DS ADOPTING THE 2017 AMENDED,.,',;.., CLASSIFIED EMPLOYEES'PAY. . ORDINANCE NO.012,2017 PLAN TO UPDATE CLASSIFIED POSIT. OF THE COUNCIL OF'THE CITY OF. TIONS AS PROVIDED IN THE FORT COLLINS COLLECTIVE BARGAINING AUTHORIZING THE CONVEYANCE AGREEMENT WITH THE ` '.OF*A PORTION OF CITY-OWNED....:.. FRATERNAL ORDER OF POLICE PROPERTY AT>CATHY FROMME PRAIRIE NATURAL AREA TO STE The Yuli text of„these ordinances can be V.EN;JONES found,of httP Itfcgov com/publicnot[ces _- __ _ foundaulling ihe:::City Clerks Off ice:ot,r '970.221-6515 1869930. Colorodoon !', January 22,2017 i Account#: FTC-003160 FORT-COLLINS a IL U_jffTM_ _ DO- N_ Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I STATE OF COLORADO ) )ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper for 1 Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,February 12,2017 that the last publication thereof was contained in the issue of said newspaper on Sunday,February 12,2017 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,February 13,2017 LADONNA MARY LAMAR p; NOTARY PUBLIC-STATE OF COLORADO My Commission expires September 3,2019 My Identification#20154035V 9 I Expires September 3,2019 lx Notary Public Legal No.0001918182 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,February 13,2017 9:23 am NOTI - . ORDINANCE;ND 074 207 HEREY'GIVEN tattheCE,"IS THE COUNF THE,CIT Y OF City Council, on Tuesdays:Forte-Collins" February.;7,, 2017,;passed-and,adopted � FORTCOLLINs, thcl'' following ordinances on;i second AUTHbiZIZINGTHE,CONVEYANCE., ea'ding., O>.A PORTION OF r CITY=OWNED PROPERTY ORDINANCE NO 006"2017 AT CATHY FROMME PRAIRIE 'OF THE,COUNCILOF THE CITY OF' NATURAL AREA TO DANE AND FORT COLLINS LYNN BRANDT APPRORRIATING.UNANT..ICIPATEb ORDINANCE-NO 015 2017 GRANT REVENUE'iW' OF THE-COUNCIL.OF THE C]TY OF TtJE GENERAL FUNDTOR THE FORT COLLINS. FORT COLt INS POLICE AUTHQRIZING,THE:CONVEYANCE SERVICI=$,VICTIM SERVICES UNIT OF,A.PORTION:OF.rCITY-OWNED..: " ORDINANCE NO:007,,2017 'PROPERTY AT CATHY FROMME- OF THE COUNCIL OF THE CITY OF', PRAIRIE NATURAL AREA FORT COLLINS" TO BARBARA AND THOMAS C.YNKAR APPROPRIATING UNAN7ECIPA7ED. ORDINANCE NO 016,2017' GRAN .�tEVENUE IN THE GENERAL<FUND FOR THE ENCORE OF THE COUNCIL'OF THE CITY OF FELLOWSHIP PROGRM >FORT COLLINS.. AUTHOR I Z I NG.T H E'CO N V EYAN C E II 7 GITY'OWNED ORDINANCE'NO.008,201 1 ;OF THE COUNCIL-OF.THE C1TY OF " PROPERTY AT CATHY FROMME . IIII .;FOR TCOLLINS "PRAIRIE NATURAL TO AREA STE•. APPROPRiATIN* fUNA33TECI PATE D .;.VEN HUVAL GRANT,REVENUE IN THE ORDINANCE NO 017 2D77 GENERAL FUND:FOR THE,:ENVI gUTH'E' P N TNEF THE CITY OF , RONN}ENTALSERVICES RADON x"'00RTCOLLINS `PROGRfYN1ANDAf1THORIZINGSH�,.':.. _..._ TRANSFER OF MATCHING CONVEYANCE FUNDS;PREVEOUSLY-APPROPRIAT, OF A PORTION OF CITY-OWNED EDAN:THE.ENVIRONMENTAL PROPERTY AT CATHY FROMME SERVICES DEPARTMENT OPERAT PRAIRIE NATURAL AREA ING BUDGET TQ ROBERT AND YUKARI SAMUEL ORDINANCE NO 069 2017 ORD€NANCE NO.018,2017 'OF THE COUNCILOF THE CITY OF OF THE COUNCIL`OF THE,CITY OF'.' FORT COLLINS FORT COLLINS APPROP.RIATINGE?R10R YEAR RE AUTHORIZING THE CONVEYANCE SERVES,IN THE STORM DRAINAGE O OF A PORTION OF CITY-OWNED FUNDtT PAY.2017 FEES.FOR THE , .PROPERTY AT CATHY FROMME C1T15pF F6RTCOLLINS,AREAS r PRAIRIE NAT.URALAREA N/fTF1iN`THE:BOXELDER BAS1N RE TO STEPHANIE YANG AND SCOTT GIONALSTORMWATER"AUTHORITY, LAVOLETTE ORDINANCE NO 011-2017 ORDINANCE NO 019 2017 OF THE'COUNCIL;OF THE CITY OF . OF THE COUNCIL,OF THE CITY OF:.... FORT COLLINS;" FORT COLLINS AUTHORIZING'TH=,EXEC.UTION OF ADOPTING.THE5;2017 AMENDED AN,AMENDED§AND RESTATED CLASSIFEED EMPLOYEES'PAY CONSERVATIONEASEM.ENTWITH ? P,LAN COLORADO'OPEN LANDS ON Testa TO UPDATE CLASSIFI EO'POSITIONS KINGFISHER,AND NIX'NATURAL t AS PROVIDED IN"THE COLLECTIVE d AREAS,1NCLUOING BARGAINING AGREEMENT-WITH EONVEY;ANCE OF; THE FRATERNAL ORDER A CONSERVATfON EASEMENT ON OF POLICE ADDITIONAL LANDS The f011 text of ihe'se:`ordtndnces can'tie ORDINANCE NO 012,2017 %found at httn//fcgov cam/publ�cnotices '.OF THE COUNCIL OF THE CITY OF oY;by calling the CEIY Clerks Of&ce at .FORT COIL I N 5:++: 970 227 6515- AUTHORIZING THE CONVEYANCE jg18182 OF A PORTION,OF CITY-OWNED Coforadoan+ PROPERTY'AT CATHY.FROMME February 72,2077 - PRAIRIE NATURAL AREATO STE ''VENJONES —' ORDINANCE NO 013 2017 OF THE COUNCIL OF THE,CITY OF FORT-COLLINS*' AUTHORIZING T.HE CONVEYANCE OF A"PORTION OF CITY OWNED PROPERTY g aT,eATHY,3 BONNE PR ;�t NATURAL AREA 1, , 4 LQ iNgA VOT ICE