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HomeMy WebLinkAbout090 - 07/16/1991 - AUTHORIZING THE SALE OF REAL PROPERTY AND GRANTING A LANDSCAPE EASEMENT AT SOUTHRIDGE GOLF COURSE ORDINANCE NO. 90, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF REAL PROPERTY AND THE GRANTING OF A LANDSCAPE EASEMENT AT SOUTHRIDGE GOLF COURSE WHEREAS, the City of Fort Collins ("the City") is the owner of those certain parcels of real property located in Larimer County, Colorado, legally described on Exhibit "A" attached hereto and incorporated by reference ("the Property") ; and WHEREAS, the City currently operates the Property as the SouthRidge Golf Course ("the Golf Course") ; and WHEREAS, a recent land survey of the Property has revealed that six different encroachments by adjacent landowners exist on the Property; and WHEREAS, the City is currently in the process of attempting to sell the Property and therefore wishes to resolve such encroachments; and WHEREAS, Darel W. and Linda B. Hardy ("the Hardys") have built a wooden fence that encroaches upon 329 square feet of the Property ("the 329 square feet") ; and WHEREAS, the City and the Hardys have entered into an Agreement of Purchase and Sale of Real Property dated July 2, 1991 ("the Hardy Agreement") ; and WHEREAS, pursuant to the Hardy Agreement, the City has agreed to deed to the Hardys the 329 square feet for the purchase price of $350.00; and WHEREAS, Wilbur and Coleen Rusch ("the Rusches") have built a wrought iron fence that encroaches upon 2,714 square feet of the Property ("the 2,714 square feet") ; and WHEREAS, the City and the Rusches have entered into an Agreement of Purchase and Sale dated July 2, 1991 ("the Rusch Agreement") ; and WHEREAS, pursuant to the Rusch Agreement, the City has agreed to deed to the Rusches the 2,714 square feet for the purchase price of $2,700.00; and WHEREAS, James C. and Jo Ann Heaberlin ("the Heaberlins") have planted and maintained a hedge, built a patio and installed a hot tub upon the Property, all of which encroach upon 1,897 square feet of the Property ("the 1 ,897 square feet") ; and WHEREAS, the City and the Heaberlins have entered into an Agreement of Purchase and Sale of Real Property dated July 2, 1991 ("the Heaberlin Agreement") ; and WHEREAS, pursuant to the Heaberlin Agreement, the City has agreed to deed to the Heaberlins the 1,897 square foot for the purchase price of $2,000.00; and WHEREAS, Bonnie J. and Dorlea L. Bowne ("the Bownes") have built a wooden fence that encroaches upon 114 square feet of the Property ("the 114 square feet") ; and WHEREAS, the City and the Bownes have entered into an Agreement of Purchase and Sale of Real Property dated July 2, 1991 ("the Bowne Agreement") ; and WHEREAS, pursuant to the Bowne Agreement, the City has agreed to deed to the Bownes the 114 square feet for the purchase price of $150.00; and WHEREAS, Boyd and Glenna Grant ("the Grants") have built a decorative rock garden with a flag pole and they have planted grass turf and trees upon the Property, all of which encroach upon 5,272 square feet of the Property; and WHEREAS, the Grants have requested that the City convey to them a landscape easement on the said 5,272 square feet of the Property ("the Landscape Easement") for the purchase price of $1,000.00; and WHEREAS, Terry A. and Sarah B. Gilmore ("the Gilmores") have placed upon the Property certain landscape improvements constituting an encroachment upon 1,841 square feet of the Property ("the 1,841 square feet") ; and WHEREAS, the City and the Gilmores have entered into an Agreement of Exchange of Real Property dated July 2, 1991 ("the Gilmore Agreement") ; and WHEREAS, pursuant to the Gilmore Agreement, the City has agreed to deed to the Gilmores the 1,841 square feet; and WHEREAS, in exchange for the 1,841 square feet, the Gilmores have agreed to deed to the City a 1,555 square-foot parcel of the Gilmores' real property located at 6007 SouthRidge Greens Boulevard and to pay to the City the sum of $300.00; and WHEREAS, the Hardy Agreement, the Rusch Agreement, the Heaberlin Agreement, the Bowne Agreement and the Gilmore Agreement are all contingent upon the City Council 's ordinance approval on second reading of each of them on or before July 16, 1991; and WHEREAS, Section 23-111 of the Code of the City Fort Collins 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 the Council first finds 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 conveyance of the 329 square feet by the City to the Hardys is in the best interests of the City; and, therefore, the Hardy Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the 329 square feet to the Hardys. Section 2. That the conveyance of the 2,714 square feet by the City to the Rusches is in the best interests of the City; and, therefore, the Rusch Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the 2,714 square feet to the Rusches. Section 3. That the conveyance of the 1,897 square feet by the City to the Heaberlins is in the best interests of the City; and, therefore, the Heaberlin Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the 1 ,897 square feet to the Heaberlins. Section 4. That the conveyance of the 114 square feet by the City to the Bownes is in the best interests of the City; and, therefore, the Bowne Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the 114 square feet to the Bownes. Section 5. That the conveyance of the Landscape Easement by the City to the Grants is in the best interests of the City, and the Mayor is hereby authorized to executed such instruments as are necessary for the City to convey the Landscape Easement to the Grants. Section 6. That the conveyance of the 1,841 square feet by the City to the Gilmores is in the best interests of the City; and, therefore, the Gilmore Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the 1,841 square feet to the Gilmores. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 1991, and to be presented for final passage on the 16th day of July, A.D. 1991 . Mayor � ATTEST: 1 City Clerk Passed and adopted on final reading this 16th day of July, A.D. 1991 . Mayor ATTEST: City Clerk EXHIBIT "A" All of the following described real property is located in the State of Colorado, County of Larimer: Tracts A, 3- 1 , and 3-2 SOUTHRIDGE GREENS , a Planned Unit Development, Phase I , and A tract of land located in the Northwest quarter of Section 7 , Township 6 North , Range 68 West of the 6th P . M. , Lorimar County, Colorado , being more particularly described as follows : Considering the west line of the said Northwest quarter as bearing South 00 ' 02 ' 43 " West and with all bearings contained herein relative thereto . COMMENCING at the Northwest corner of said Section 7; thence , along the said west line , South 00 ' 02 ' 43 " West 721 . 00 feet; thence South 89 ' 57 ' 17" East 226.. 00 feet to the TRUE POINT OF BEGINNING, thence South 00 ' 02 ' 43" best 105 . 00 feet; thence 73 . 38 feet along a curve concave to the Northeast having a central angle of 51 ' 00100" and a radius of 82 . 44 feet whose long chord bears South 25 ' 27' 17" East; thence 98 . 18 feet along a curve concave to the Southwest having a central angle of 44 ' 00' 00" and a radius of 127 .85 feet whose long chord bears South 28 * 57117" East; thence South 6 ' 57 ' 17" East 19 . 42 feet; thence North 4 ' 57 ' 56" East 50 , 65 feet;. thence 93 . 44 feet along a curve concave to the Southwest having a central angle of 44 ' 591590; and a radius of 118 . 97 feet whose long chord bears North 17032 , 040 west; thence 48 ,97 feet along a curve concave to the Northeast having a central angle of 40'04 ' 47" and a radius of 70 . 00 feet whose long chord bears North 19* 591410 West; thence North 00 ' 02 ' 43" East 89..78 feet; thence North 89 ' 57 ' 17" Most 39 . 77 feet to the TRUE POINT OF BEGINNING and that portion of 42 foot right of way as vacated by Ordinance No . 103 , 1984 recorded September 5 , 1984 in Book 2288 at Page 834 , EXCEPT from all of the above that portion described in Deed of Dedication recorded September 5 , 1984 in Book 2288 at Page 833 and EXCEPT portion conveyed to Bucain Corporation, a Colorado Corporation by Deed recorded April 26 , 1983 in Book 2216 at Page 1961 .