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HomeMy WebLinkAbout081 - 08/03/1993 - AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY ORDINANCE NO. 81, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located in Larimer County, Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter "the Property") ; and WHEREAS, the City Manager has entered into an Agreement of Purchase and Sale of Real Property dated July 12, 1993, with Diana Short and Alexander McEwan for the easterly portion of the Property; and an Agreement of Purchase and Sale of Real Property dated July 12, 1993, with David Kent, for the sale of the westerly portion of the Property (hereinafter "the Agreements of Purchase and Sale") ; and WHEREAS, the Agreements of Purchase and Sale are contingent upon City Council approval on or before August 3, 1993; and WHEREAS, Section 23-111 of the Code requires that, prior to any sale or other disposition of real property owned in the name of the City, the City Council must find, by ordinance, that such sale or other disposition is in the best interest of the City; and WHEREAS, Section 23-111 of the Code further requires that with respect to real property which is part of the City's Utility System, the City Council must also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the Agreements of Purchase and Sale are hereby approved. Section 2. That the sale and conveyance of the Property is in the best interests of the City of Fort Collins. Section 3. That the sale does not materially impair the viability of the City's Water Utility System and that it will be beneficial to the citizens of the City. Section 4. That the Mayor be and hereby is, authorized to execute a deed conveying the easterly portion of the Property to Diana Short and Alexander McEwan and conveying the westerly portion of the Property to David Kent, both of which parcels are described on Exhibit "A," which is attached hereto and incorporated herein by this reference, pursuant to the terms of the Agreements of Purchase and Sale. Introduced, considered favorably on first reading and ordered published this 20th day of July, A.D. 1993, and to be presented f final passage on the 3rd day of August, A.D. 1993. - ATTEST: -Ma or City Clerk Passed and adopted on final reading this 3rd day August, 19 ayor ATTEST: City Clerk EXHIBIT "A" Page 1 of 2 DESCRIPTION OF THE WESTERLY PORTION OF THE CITY PROPERTY TO BE DEEDED A tract of land located in the Southwest One Quarter of Section 4 Township 7 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, also being a portion of that certain tract of land as described in a Warranty Deed dated May 11, 1959 and recorded in Book 1099 at Page 587 . records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the North line of the said tract described in Book 1099 at Page 587 as bearing North 90 degrees 00 minutes 00 seconds East and with all bearings contained herein relative thereto; Commencing at the northwest corner of the said tract described in Book 1099 at Page 587, being the TRUE POINT OF BEGINNING of this description; THENCE along the said north line, North 90 degrees 00 minutes 00 seconds East for a distance of 157. 54 feet; THENCE leaving the said north line, South 00 degrees 00 minutes 00 seconds East for a distance of 80. 98 feet to the southerly line of the said tract described in Book 1099 at page 587; THENCE along the said southerly line the following three (3) courses and distances, (1) North 57 degrees 55 minutes 00 seconds West for a distance of 14 .83 feet; (2) North 67 degrees 38 minutes 00 seconds West for a distance of 126. 34 feet; (3) North 90 degrees 00 minutes 00 seconds West for a distance of 28. 97 feet (previously recorded as 28 . 96 feet) to the easterly right of way of Ridgelawn Drive as shown on the Plat of Dean Acres Subdivision, a plat of record with the said Clerk and Recorder; THENCE along the said easterly right of way and along the westerly line of the said tract described in Book 1099 at Page 587, along a non tangent curve to the left having a radius of 460. 00 feet, a central angle of 03 degrees 07 minutes 10 seconds and an arc length of 25. 04 feet (previously recorded as 25. 02 feet) , being subtended by a chord of North 01 degrees' 53 minutes 32 seconds East for a distance of 25. 04 feet to the point of beginning. Containing 7412 square feet or 0. 170 acres. The above described tract is subject to all easements and rights of ways now existing or of record. 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. The description and areas shown are based upon previously recorded plats and deeds and not upon a actual field surv`�g�i CE C�..�.,. �`.a?;. AEa �e C. IVY- DGTG �y�L E C. MUSCOTT COLORADO P.L.S. 17497 DATE ! P.6`.'bbX 580 FORT COLLINS, CO 80522 �N5>�o�R. •YY` EXHIBIT "A" Page 2 of 2 DESCRIPTION OF THE EASTERLY PORTION OF THE CITY PROPERTY TO BE DEEDED A tract of land located in the Southwest One Quarter of Section 4 Township 7 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, also being a portion of that certain tract of land as described in a Warranty Deed dated May 11, 1959 and recorded in Book 1099 at Page 587 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the North line of the said tract described in Book 1099 at Page 587 as bearing North 90 degrees 00 minutes 00 seconds East and with all bearings contained herein relative thereto; Commencing at the northwest corner of the said tract described in Book 1099 at Page 587, THENCE along the said north line, North 90 degrees 00 minutes 00 seconds East for a distance of 157 . 54 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said north line, North 90 degrees 00 minutes 00 seconds East for a distance of 71. 66 feet to the northeast corner of the said tract described in Book 1099 at Page 587 ; THENCE along the east line of the said tract, South 00 degrees 00 minutes 00 seconds East for a distance of 125.90 feet to the southeast corner of the said tract; THENCE along the southerly line of the said tract, North 57 degrees 55 minutes 00 seconds West for a distance of 84 . 57 feet; THENCE leaving the said southerly line, North 00 degrees 00 minutes 00 seconds East for a distance of 80.98 feet to the point of beginning. Containing 7412 square feet or 0. 170 acres. The above described tract is subject to all easements and rights of ways now existing or of record. 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. The description and areas shown are based upon previously recorded plats and deeds and not, upon a actual field survey..��• CE ` C, c, �, f- AA Der lO /9 9 z C. MUSCOTT COLORADO P.L.S. 17497 DATE a r P.& �_$OX 580 FORT COLLINS, CO 80522 a .