HomeMy WebLinkAbout103 - 06/16/1998 - AUTHORIZING THE SALE OF APPROXIMATELY 8,284 SQUARE FEET OF LAND LOCATED NORTH OF THE EASTSIDE NEIGHB ORDINANCE NO. 103, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OF APPROXIMATELY 8,284 SQUARE FEET OF LAND
LOCATED NORTH OF THE EASTSIDE NEIGHBORHOOD PARK SITE
TO ELMER J. HERBERTSON
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located in Fort Collins,Larimer County, Colorado,known as Eastside Neighborhood Park Site;and
WHEREAS, a portion of this property is described on Exhibit "A", attached hereto and
incorporated herein by this reference (the"Remnant Property"); and
WHEREAS, Elmer J. Herbertson is the owner of a parcel of real property adjacent to
Eastside Neighborhood Park Site described on Exhibit"B",attached hereto and incorporated herein
by this reference (the "Herbertson Property"); and
WHEREAS, Elmer J.Herbertson desires the Remnant Property to construct storm drainage
improvements for his property; and
WHEREAS, the sale of the Remnant Property will not interfere with the City's use of
Eastside Neighborhood Park; and
WHEREAS,the City has planned a landscaped buffer between the Laurel School playground
area and the park pathway which requires a portion of the Herbertson Property; and
WHEREAS,the Remnant Property and the Herbertson Property are of equal size and value
and City staff has negotiated an agreement with Elmer J. Herbertson that provides for an equal
exchange of these properties; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or other disposition of real property owned by the City is in the best
interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the exchange of the Remnant Property for the Herbertson Property is in
the best interest of the City of Fort Collins.
Section 2. That the City Manager be, and hereby is, authorized to execute such
conveyance documents as are necessary for the City to sell and convey the Remnant Property in
exchange for the Herbertson Property on the terms and conditions described above.
Introduced,considered favorably on first reading,and ordered published this 2nd day of June,
A.D. 1998, and to be presented for final passage onhth e, A.D. 1998.yo
ATTEST:
1 2
City Clerk
Passed and adopted on final reading this 16th day of June, A.D. 1998.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY TO BE
DEEDED TO HERBERTSON
A tract of land located in the Northeast quarter of Section 13,Township 7 North,Range 69 West of
the Sixth Principal Meridian,Larimer County, Colorado,the said tract is also located in that certain
tract of land described in a Quit Claim Deed recorded June 10, 1994 at Reception No. 94050134,
Parcel Two (2), records of the Clerk and Recorder of the said Larimer County, more particularly
described as follows;
Commencing at the southeast corner of The Herbertson Addition To The City Of Fort Collins,a Plat
of record with the said Clerk and Recorder;
THENCE along the east line of the said Herbertson Addition. North 00 degrees 08 minutes
50 seconds West for a distance of 15.10 feet to the TRUE POINT OF BEGINNING of this
description; THENCE continuing along the said east line,North 00 degrees 08 minutes 50 seconds
West for a distance of 459.90 feet to the northeast corner of the said Herbertson Addition;THENCE
leaving the said east line and along the north line of the said tract described at Reception No.
94050134 Parcel Two,North 89 degrees 58 minutes 44 seconds East for a distance of 18.00 feet to
the east line of the said tract described at Reception No. 94050134; THENCE along the said east
line, South 00 degrees 08 minutes 50 seconds East for a distance of 460.60 feet; THENCE leaving
the said east line,North 87 degrees 48 minutes 59 seconds West for a distance of 18.01 feet to the
point of beginning. Containing 8284 square feet more or less.
The above described tract is subject to all easements and rights of ways now existing or of record.
EXHIBIT "B"
DESCRIPTION OF A PORTION OF THE HERBERTSON PROPERTY OF BE DEEDED TO
THE CITY OF FORT COLLINS
A tract of land located in the Northeast quarter of Section 13, Township 7 North, Range 69 West of
the Sixth Principal Meridian, Larimer County, Colorado, the said tract is also located in The
Herbertson Addition To The City Of Fort Collins, a Plat of record with the Clerk and Recorder of
the said Larimer County, more particularly described as follows;
Commencing at the southwest corner of the said Herbertson Addition To The City Of Fort Collins,
the said southwest corner is also the TRUE POINT OF BEGINNING of this description; THENCE
along the west line of the said Herbertson Addition,North 00 degrees 08 minutes 50 seconds West
for a distance of 107.16 feet; THENCE leaving the said west line, South 43 degrees 58 minutes 54
seconds East for a distance of 119.17 feet; THENCE South 87 degrees 48 minutes 59 seconds East
for a distance of 163.50 feet to the east line of the said Herbertson Addition;THENCE along the said
east line, South 00 degrees 08 minutes 50 seconds East for a distance of 15.10 feet to the southeast
corner of the said Herbertson Addition; THENCE along the south line of the said Herbertson
Addition, South 89 degrees 58 minutes 44 seconds West for a distance of 245.90 feet to the point
of beginning. Containing 8285 square feet more or less.
The above described tract is subject to all easements and rights of ways now existing or of record.