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HomeMy WebLinkAbout069 - 05/17/1994 - AUTHORIZING THE SALE AND EXCHANGE OF REAL PROPERTY AT CASE PARK ORDINANCE NO. 69, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE AND EXCHANGE OF REAL PROPERTY AT CASE PARK WHEREAS, the City of Fort Collins, Colorado ("the City") is the owner of certain parcels of real property located in Larimer County, Colorado, legally described on Exhibit "C" attached hereto and incorporated herein by reference ("the Property") ; and WHEREAS, the City intends to develop the Property into a park, to be known as "Case Park"; and WHEREAS, the City wishes to develop the park in the most cost effective manner and to achieve the most benefit for the citizens of Fort Collins; and WHEREAS, the City wishes to trade and sell a portion of the Property; and WHEREAS, the City and Timberline Partners, Limited ("Timberline") , have entered into an Agreement of Sale and Exchange of Real Property ("the Agreement") ; and WHEREAS, pursuant to the Agreement, the City has agreed to deed to Timberline a 48,OT4.45 square foot parcel of real property that is presently part of Case Park; and WHEREAS, in exchange for the 48,074.45 square foot parcel , Timberline has agreed to deed to the City a 16,517.99 square-foot parcel and a 12, 122.05 square- foot parcel of Timberline's real property located adjacent to Case Park and to pay the City the sum of $10,000; and WHEREAS, the Agreement is contingent upon the City Council 's approval , on second reading on or before May 17, 1994; and WHEREAS, Section 23-111 of the Code of the City of 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 OFFORT. COLLINS asfollows: Section 1 . That the conveyance by the City of the real property described on Exhibit "C" to Timberline, in exchange for Timberline's conveyance to the City of the real property described in Exhibits "A" and "B", together with Timberline's payment to the City of Ten Thousand Dollars ($10,000) , is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such agreements and instruments as are necessary for the City to convey the real property described in Exhibit "C" to Timberline in exchange for the conveyance to the City of the Property described in Exhibits "A" and "B" and the payment of Ten Thousand Dollars ($10,000.00) . Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 1994, and to be presented for ' al passage on the 17th day of May, A.D. 1994. Gv'„CJ Mayor ATTEST: City Clerk Passed and adopted on final reaIrz thf May, 94. r ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION - Tract 1 A tract of land located in the South half of Section 29, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being described as follows: Commencing at the Southwest corner of said Section 29 and considering the South line of said Southwest Quarter to bear South 89'32'37" East, with all bearings contained herein, relative thereto; thence along said South line South 89032'37" East, 2266.45 feet to the Southeast corner of Dakota Ridge P.U.D. First Filing, according to the recorded plat thereof; thence along the boundary of said Dakota Ridge P.U.D. First Filing, the following courses: North 00013'23" East, 1328.61 feet; thence South 89'28'58" East 195.94 feet; thence North 11046'28" West, 260.00 feet; thence North 46'14'12" East, 130.42 feet to the Northeasterly corner of said Dakota Ridge P.U.D. First Filing; thence along the Northerly line of said Dakota Ridge P.U.D. First Filing, the following courses: North 43'45'48" West, 178.04 feet; thence along a curve to the left having a delta of 28048'12", a radius of 267.00 feet, an arc of 134.22 feet, and a chord which bears North 58'09'54" West, 132.82 feet; thence North 72'34'00" West, 159.33 feet; thence along a curve to the right having a delta of 94°14'20", a radius of 15.00 feet, an arc of 24.67 feet, and a chord which bears North 25'26'50" West, 21 .98 feet; thence North 68019'40" West, 54.00 feet to the Northwesterly corner of said Dakota Ridge P.U.D. First Filing, also being the Southwesterly corner of Dakota Ridge P.U.D. Second Filing, according to the recorded plat thereof; thence along the West line of said Dakota Ridge P.U.D. Second Filing, North 25'06'50" East, 39.61 feet to the North line of that parcel described at Reception No. 92027417 and the POINT OF BEGINNING of this description; thence along said North line the following courses: North 64046'18" West, 177.10 feet; thence North 37'09'46" West, 106.59 feet; thence North 22'58'46" East, 74.36 feet; thence departing said North line South 26°03'35" East, 22.76 feet; thence South 37'04'42" East, 85.69 feet; thence South 49045'57" East, 85.73 feet; thence South 64048'00" East, 97.93 feet; thence South 25006'50" West, 47.49 feet to the POINT OF BEGINNING, containing 15,778 square feet (0.36 acres), more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, do hereby certify that this legal description was prepared by me or under my direct supervision and is true and correct to the best of my knowledge. Date MICHAEL C. CREGGER Professional Land Surveyor LEGALMTR1-001.001 (4-27-94) EXHIBIT "B" LEGAL DESCRIPTION - Tract 3 A tract of land located in the South half of Section 29, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being described as follows: Commencing at the Southwest corner of said Section 29 and considering the South line of said Southwest Quarter to bear South 89°32'37" East, with all bearings contained herein, relative thereto; thence along said South line South 89'32'37" East, 2266.45 feet to the Southeast corner of Dakota Ridge P.U.D. First Filing, according to the recorded plat thereof; thence along the boundary of said Dakota Ridge P.U.D. First Filing, the following courses: North 00'13'23" East, 1328.61 feet; thence South 89'28'58" East 195.94 feet; thence North 11'46'28" West, 260.00 feet; thence North 46'14'12" East, 130.42 feet to the Northeasterly corner of said Dakota Ridge P.U.D. First Filing; thence along the Northerly line of said Dakota Ridge P.U.D. First Filing, the following courses: North 43045148" West, 178.04 feet; thence along a curve to the left having a delta of 28'48'12", a radius of 267.00 feet, an arc of 134.22 feet, and a chord which bears North 58°09'54" West, 132.82 feet; thence North 72'34'00" West, 159.33 feet; thence along a curve to the right having a delta of 94014'20", a radius of 15.00 feet, an arc of 24.67 feet; and a chord which bears North 25026'50" West, 21 .98 feet; thence North 68019'40" West, 54.00 feet to the Northwesterly corner of said Dakota Ridge P.U.D. First Filing also being the Southwesterly corner of Dakota Ridge P.U.D., Second Filing, according to the recorded plat thereof; thence along the West line of said Dakota Ridge P.U.D., Second Filing North 25'06'50" East, 39.61 feet to the North line of the parcel described at Reception No. 92027417; thence along said North line the following courses: North 64'46'18" West, 177.10 feet; thence North 37009'46" West, 106.59 feet; thence North 22058'46" East, 267.13 feet; thence North 52034'04" West, 290.97 feet; thence South 67012'01 " West, 129.26 feet; thence North 66001 '40" West, 56.82 feet to the POINT OF BEGINNING of this description; thence continuing along said North line North 66'01'40" West, 100.06 feet; thence North 21025'04" West, 184.24 feet; thence along a non-tangent curve to the right having a delta of 07'05'03", a radius of 576.00 feet, an arc of 71 .22 feet, and a chord which bears North 66033'36" East, 71 .17 feet; thence South 08'15'30" East, 88.23 feet; thence South 21010'22" East, 99.18 feet; thence South 36'30'25" East, LEGALI4\TR3-001.001 (4-27-94) 75.50 feet to THE POINT OF BEGINNING, containing 12,155 square feet (0.28 acres), more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, do hereby certify that this legal description was prepared by me or under my direct supervision and is true and correct to the best of my knowledge. Date MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration No. 22564 2 LEGAL 14\TR3-001.001 (4-27-94) EXHIBIT "C" LEGAL DESCRIPTION - Tract 2 A-tract_of land-locates-in-thesauth half of Section 29,-Township 7 North,-Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being described as follows: Commencing at the Southwest corner of said Section 29 and considering the South line of said Southwest Quarter to bear South 89'32'37" East, with all bearings contained-herein,-rplativP therp_to; thence a]ong-sair-South-line-South W32'37" East, - 2266.45 feet to the Southeast corner of Dakota Ridge P.U.D. First Filing, according to the recorded plat thereof; thence along the boundary of said Dakota Ridge P.U.D. First Filing, the following courses: North 00013'23" East, 1328.61 feet; thence South 89'28'58" East 195.94 feet; thence North 11046'28" West, 260.00 feet; thence North 46'14'12" East, 130.42 feet to the Northeasterly corner of said Dakota Ridge P.U.D. First Filing; thence along the Northerly line of said Dakota Ridge P.U.D. First Filing, the following courses: North 43°45'48" West, 178.04 feet; thence along a curve to the left having a delta of 28048'12", a radius of 267.00 feet, an arc of 134.22 feet, and a chord which bears North 58009'54" West, 132.82 feet; thence North 72°34'00" West, 159.33 feet; thence along a curve to the right having a delta of 94°14'20", a radius of 15.00 feet, an arc of 24.67 feet, and a chord which bears North 25°26'50" West, 21 .98 feet; thence North 68*19'40" West, 54.00 feet to the Northwesterly corner of said Dakota Ridge P.U.D. First Filing, also being the Southwesterly corner of Dakota Ridge P.U.D., Second Filing, according to the recorded plat thereof; thence along the West line of said Dakota Ridge P.U.D., Second Filing; North 25'06'50" East, 39.61 feet to the North line of that parcel described at Reception No. 92027417; thence along said North line the following courses: North 64'46'18" West, 177.10 feet; thence North 37009'46" West, 106.59 feet; thence North 22°58'46" East, 74.36 feet, to the POINT OF BEGINNING of this description; thence departing said North line North 26°03'35" West, 47.44 feet; thence North 24'28'16" West, 70.00 feet; thence North 50048'01" West, 44.89 feet; thence North 53'35'50" West, 210.00 feet; thence North 49056'15" West, 79.22 feet; thence North 36°30'25" West, 21 .17 feet to said North line of the parcel described at Reception No. 92027417; thence along said North line the following courses: South 6600 fi'40" East, 56.82 feet; thence North 6T12`0 " t`ast, 129.216 feet; thence South LEGALI4\TR2-001.001 (4-11-94) 52034'04" East, 290.97 feet; thence South 22'58'46" West, 192.77 feet to the POINT OF BEGINNING, containing 1 .13 acres, more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, do hereby certify that this legal description was prepared by me or under my direct supervision and is true and correct to the best of my knowledge. Date MICHAEL C. CREGGER Professional Land Surveyor Colorado Registration No. 22564 2 LEGAU 4\TR2-001.001 (4-11-94)