Loading...
HomeMy WebLinkAbout093 - 09/15/1992 - AUTHORIZING THE TRANSFER OF REAL PROPERTY ALONG HAMPSHIRE ROAD ORDINANCE NO. 93, 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF REAL PROPERTY ALONG HAMPSHIRE ROAD WHEREAS, the City of Fort Collins ("the City") is the owner of this tract of real property located in Larimer County, Colorado, legally described as Tract "B", Fairbrooke Subdivision First Filing ("the Property") ; and WHEREAS, the City's Stormwater Utility no longer needs this tract of land; and WHEREAS, the City is responsible for maintaining this tract of land; and WHEREAS, the Council considers it to be in the best interest of the City to deed this tract of land and the maintenance responsibilities to the neighboring lot owners; and WHEREAS, the City and Zelma L. Gaudreault have entered into an Agreement of Purchase and Sale dated August 7, 1992 ("the Gaudreault Agreement") ; and WHEREAS, pursuant to the Gaudreault Agreement, the City has agreed to deed to Ms. Gaudreault 389 square feet of real property; and WHEREAS, City and Curtis R. Viehmeyer and Debra A. Elman have entered into an Agreement of Purchase and Sale dated July 22, 1992 ("the Viehmeyer/Elman Agreement") ; and WHEREAS, pursuant to the Viehmeyer/Elman Agreement, the City has agreed to deed to Mr. Viehmeyer and Ms. Elman 4,049 square feet of real property; and WHEREAS, the City and Curtis and Lucinda Camus have entered into an Agreement of Purchase and Sale dated July 22, 1992 ("the Camus Agreement") ; and WHEREAS, pursuant to the Camus Agreement, the City has agreed to deed to the Camus' 2,883 square feet of real property; WHEREAS, the Gaudreault Agreement, the Viehmeyer/Elman Agreement, and the Camus Agreement are all contingent upon the City Council 's approval by ordinance on second reading on or before September 15, 1992; 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 and that, with respect to property of the City's utility, the disposition of the property will not materially impair the viability of the City Stormwater Utility system as a whole and 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 conveyance of three hundred eighty-nine (389) square feet of real property as described on Exhibit "A" by the City to Ms. Gaudreault is in the best interests of the City; and, therefore, the Gaudreault Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the three hundred eighty-nine (389) square feet to Ms. Gaudreault. Section 2. That the conveyance of four thousand forty-nine (4,049) square feet of real property as described on Exhibit "B" by the City to Mr. Viehmeyer and Ms. Elman is in the best interests of the City; and, therefore, the Viehmeyer/Elman Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the four thousand forty-nine (4,049) square feet to Mr. Viehmeyer and Ms. Elman. Section 3. That the conveyance of two thousand eight hundred eighty-three (2,883) square feet of real property as described on Exhibit "C" by the City to the Camus' is in the best interests of the City; and, therefore, the Camus Agreement is hereby approved, and the Mayor is hereby authorized to execute such instruments as are necessary for the City to convey the two thousand eight hundred eighty-three (2,883) square feet to the Camus' . Section 4. That the Council further finds that the foregoing property sales will not materially impair the viability of the City Stormwater Utility system as a whole and will be for the benefit of the citizens of the City. Introduced, considered favorably on first reading, and ordered published this 1st day of September, A.D. 1992, and to be presented for final passage on the 15th day of September, A.D. 1992. Aayo�rU4 ATTEST: City Clerk Passed and adopted on final reading this 15th day of September, A.D. 1992. ayor ATTEST: City Clerk EXH151T "A" DESCRIPTION OF A PORTION OF TRACT B TO BE DEEDED TO THE OWNER OF LOT 1 A tract of land located in the Northeast one quarter of Section 21 Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins , Larimer County, Colorado, being a portion of that certain tract of land as described in a Quit Claim Deed dated December 6 , 1991 and recorded at Reception No. 91061833 records of the Clerk and Recorder of the said Larimer County, also being a portion of Tract B of the plat of Fairbrooke Subdivision First Filing, a Plat of record with the said Clerk and Recorder, more particularly described as follows ; Considering the easterly most line of Lot 1 Block 1 of the said plat of Fairbrooke Subdivision First Filing as bearing South 08 degrees 42 minutes 27 seconds East, and with all bearings contained herein relative thereto; Commencing at the northeast most corner of the said Lot 1 Block 1, being the TRUE POINT OF BEGINNING of this description, THENCE along the said easterly most line, South 08 degrees 42 minutes 27 seconds East for a distance of 14 . 76 feet to the southeasterly line of the said Lot 1 ; THENCE leaving the said easterly most line, North 84 degrees 15 minutes 31 seconds East for a distance of 30 . 04 feet to the easterly line of the said Tract B; THENCE along the said easterly line of Tract B, along a non- tangent curve to the left having a radius of 15 . 00 feet, a central angle of 85 degrees 12 minutes 33 seconds and an arc length of 22 . 31 feet, being subtended by a chord of North 51 degrees 18 minutes 44 seconds West for a distance of 20. 31 feet to the northerly line of the said Tract B; THENCE along the said northerly line, South 86 degrees 05 minutes 00 seconds West for a distance of 16 . 31 feet to the point of beginning. The above described tract contains 389 square feet and 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. WALLACE C. MUSCOTT DATE COLORADO P. L.S . 17497 yi io ` EXHIBIT "B" DESCRIPTION OF A PORTION OF TRACT B TO BE DEEDED TO THE OWNER OF LOT 2 A tract of land located in the Northeast one quarter of Section 21 Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being a portion of that certain tract of land as described in a Quit Claim Deed dated December 6, 1991 and recorded at Reception No. 91061833 records of the Clerk and Recorder of the said Larimer County, also being a portion of Tract B of the plat of Fairbrooke Subdivision First Filing, a Plat of record with the said Clerk and Recorder, more particularly described as follows ; Considering the tangent portion of the easterly line of Lot 2 Block 1 of the said plat of Fairbrooke Subdivision First Filing as bearing South os degrees 42 minutes 27 seconds East, and with all bearings contained herein relative thereto; Commencing at the northeast most corner of the said Lot 2 Block 1, being the TRUE POINT OF BEGINNING of this description, THENCE along the said tangent portion of the easterly line, South 08 degrees 42 minutes 27 seconds East for a distance of 34 . 47 feet; THENCE continuing along the said easterly line, along a curve to the left having a radius of 437 . 12 feet, a central angle of 12 degrees 56 minutes 51 seconds and an arc length of 98 . 78 feet, being subtended by a chord of South 15 degrees 10 minutes 53 seconds East for a distance of 98 . 57 feet to the southerly line of the said Lot 2 ; THENCE leaving the said easterly line, along the easterly prolongation of the said southerly line of Lot 2, North 89 degrees 38 minutes 23 seconds East for a distance of 32 . 38 feet to the easterly line of the said Tract B; THENCE along the said easterly line of Tract B, along a non-tangent curve to the right having a radius of 407 . 12 feet, a central angle of 14 degrees 36 minutes 10 seconds and an arc length of 103 . 76 feet, being subtended by a chord of North 16 degrees 00 minutes 32 seconds West for a distance of 103 . 48 feet; THENCE continuing along the said easterly line of Tract B, North 08 degrees 42 minutes 27 seconds West for a distance of 32 .92 feet; THENCE leaving the said easterly line, South 84 degrees 15 minutes 31 seconds West for a distance of 30. 04 feet to the point of beginning. The above described tract contains 4049 square feet and 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. WALLACE C. MUSCOTY COLORADO P. L.S . 17497 DA E pp�N�"W77'' IG ......... �. EXHIBIT "C " DESCRIPTION OF A PORTION OF TRACT B TO BE DEEDED TO THE OWNER OF LOT 3 A tract of land located in the Northeast one quarter of Section 21 Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being a portion of that certain tract of land as described in a Quit Claim Deed dated December 6, 1991 and recorded at Reception No. 91061833 records of the Clerk and Recorder of the said Larimer County, also being a portion of Tract B of the plat of Fairbrooke Subdivision First Filing, a Plat of record with the said Clerk and Recorder, more particularly described as follows; Considering the north line of Lot 3 Block 1 of the said plat of Fairbrooke Subdivision First Filing as bearing North 89 degrees 38 minutes 23 seconds East, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Lot 3 Block 1, being the TRUE POINT OF BEGINNING of this description, THENCE along the easterly line of the said Lot 3 , along a curve to the left having a radius of 437 . 12 feet, a central angle of 13 degrees 02 minutes 13 seconds and an arc length of 99 . 46 feet, being subtended by a chord of South 28 degrees 10 minutes 25 seconds East for a distance of 99 . 25 feet to the southerly line of the said Lot 3 and to the southerly line of the said Tract B; THENCE along the said southerly line of Tract B, non-tangent from the previous curve, North 76 degrees 48 minutes 00 seconds East for a distance of 32 . 43 feet to the easterly line of the said Tract B; THENCE along the said easterly line of tract B, along a non- tangent curve to the right having a radius of 407 . 12 feet, central angle of 13 degrees 03 minutes 14 seconds and an arc length of 92 . 76 feet, being subtended by a chord of North 29 degrees 50 minutes 14 seconds West for a distance of 92 .56 feet to the easterly prolongation of the said north line of Lot 3 ; THENCE along the said easterly prolongation, South 89 degrees 38 minutes 23 seconds West for a distance of 32 . 38 feet to the point of beginning. The above described tract contains 2883 square feet and 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 ry suey. i/}C, IV&4 ✓ � / "�1 ZO �9/�L WALLACE C. MUSCOTT ��17G�Hm�y� D�kTE COLORADO P. L. S . 17497 3 17�',97 u S.l�Mp SUP`•'.CP\```•