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HomeMy WebLinkAbout096 - 08/20/2002 - AUTHORIZING THE TRANSFER OF 151 ACRES FROM SPECIAL IMPROVEMENT DISTRICT NO. 86 (THE PROVINCETOWNE PO ORDINANCE NO. 096, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TRANSFER OF 151 ACRES FROM SPECIAL IMPROVEMENT DISTRICT NO. 86 (THE PROVINCETOWNE PORTNER SPECIAL IMPROVEMENT DISTRICT) TO THE CITY NATURAL AREAS PROGRAM IN EXCHANGE FOR PAYMENT FOR VALUE WHEREAS, the City of Fort Collins, through Special Improvement District No. 86 (the Provincetowne Portner Special Improvement District, referred to herein as the "SID") acquired approximately 341 acres of property located south of Trilby Road,west of Lemay Avenue,north of Carpenter Road, and east of College Avenue, after the property was sold at tax sale in 1990 (the "Provincetowne Property"); and WHEREAS,pursuant to Ordinance No.41, 1996,the City has agreed to sell approximately 181 acres of the Provincetowne Property, subject to certain terms and conditions, including the development of Provincetowne P.U.D., Second Filing; and WHEREAS,the City plans to retain approximately 150 acres of the Provincetowne Property for inclusion in the City and in the future made a part of the City's Natural Areas program, and that property, as described on Exhibit"A", a copy of which is on file in the office of the City Clerk and incorporated herein by this reference,has been designated in the Natural Areas program as parcel #01 FC 1 (the"Natural Area Property"or the"Property"); and WHEREAS, in order to complete the planning process for Provincetowne P.U.D. Second Filing,the developer of those portions of the Provincetowne Property that have been sold by the City, KB HOME COLORADO, Inc., purchased easements on the Natural Area Property for offsite drainage improvements including a detention pond, storm sewer line, storm drainage swales, pursuant to Ordinance No. 82, 2001 (the"Easements"); and WHEREAS, in exchange for the grant of the Easements,KB HOME COLORADO paid to the City the fair market value of the same, in the total amount of$113,755, which amount was deposited in the SID fund; and WHEREAS,the adjusted fair market value of the Natural Area Property has been determined by City staff to be$1,035,422,based upon bids for Provincetowne Property generally in 1996-1997 ($1,097,804),adjusted upward to include interest on that amount through August 2002($247,023), and adjusted downward to reflect certain specific burdens and obligations associated with the Property($309,405); and WHEREAS,the downward adjustments to the value of the Natural Area Property are based upon the full value ofthe Easements,in the amount of$113,655,dam reconstruction work associated with the Property that the Natural Areas Program will be required to carry out at a cost of approximately$175,000,and restoration and maintenance costs associated with the Propertythat the Natural Areas Program has assumed in the amount of$20,750; and WHEREAS,the funds necessary to acquire the Natural Area Property in accordance herewith are appropriated and available in the Capital Projects Fund for 1/4 Cent Natural Areas Capital Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the transfer of the Natural Area Property from the SID to the Natural Areas Program in accordance with the terms of this Ordinance and in exchange for the payment of funds in the amount of $1,035,422 from the Capital Projects Fund for 1/4 Cent Natural Areas Capital Improvements, is hereby authorized and approved. Introduced,considered favorably on first reading,and ordered published this 16th day of July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002. Mayor ATTEST: %1i City Clerk Passed and adopted on final reading this 20th day of August, A.D. 2002. Mayor ATTEST: -N(�1.t.)P�I City Clerk PROPERTY TO BE PURCHASED BY NATURAL RESOURCES TRILBY ROAD PROPERTY DEVELOPED BY KB HOMES W p , PROPERTY TO LiZ BE DEVELOPED LJ BY KB HOMES Z LLI Q J ; 'UN-DEVELOPA BLEj LAND Z / XXROBERT BENSON LAKE); ; W72.662 ACRES / ,% PROPERTY DEVELOPED J U BY KB HOMES = \ \ ��•DEVELOPABL\t LAND 62103, ACRES COUNTY ROAD 32 / CARPENTER ROAD SCALE 1'=300' N -� UN-DEVELOPABLE LAND TO BE PURCHASED •` "� BY NATURAL RESOURCES j <72.662 ACRES) TOTAL AREA \. DEVELOPABLE LAND TO BE PURCHASED, 155.635 ACRES TO BE PURCHASED BY NATURAL RESOURCES (82.973 ACRES) DESCRIPTION OF THAT PORTION OF THE PROVINCETOWNE PORTNER SPECIAL IMPROVEMENT DISTRICT PROPERTY TO BE TRANSFERRED TO THE NATURAL AREA PROGRAM A tract of land located in Section 13 , Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is a portion of that certain tract of land described in a Decree Quieting Title recorded February 12 , 1996 at Reception No. 96010201 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows ; Considering the east line of the southeast quarter of the said Section 13 as bearing North 00 degrees 10 minutes 59 seconds East between a LS 12374 aluminum cap monument at the southeast corner, and a LS 12374 aluminum cap monument at the east quarter corner of the said Section 13 , based upon G.P. S . observation, and with all bearings contained herein relative thereto: Commencing at the southeast corner of the said Section 13 ; THENCE along the said east line of the southeast quarter, North 00 degrees 10 minutes 59 seconds East for a distance of 125 . 00 feet to a line which is 125 . 00 feet (measured at right angles) north of and parallel with the south line of the said southeast quarter; THENCE along the said parallel line, North 89 degrees 25 minutes 08 seconds West for a distance of 57 . 51 feet to a line which is 57 . 50 feet west of and parallel with the said east line of the southeast quarter and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said parallel line, North 89 degrees 25 minutes 08 seconds West for a distance of 2610 . 95 feet to the east line of the Plat of Victoria Estates, a plat of record with the said Clerk and Recorder; THENCE along the boundary of the said plat of Victoria Estates the following six (6) courses and distances, (1)North 00 degrees 03 minutes 55 seconds East for a distance of 1384 .43 feet; (2) South 85 degrees 10 minutes 15 seconds West for a distance of 614 .44 feet; (3)North 72 degrees 04 minutes 45 seconds West for a distance of 300 . 00 feet; (4)North 61 degrees 34 minutes 45 seconds West for a distance of 400 . 00 feet; (5) South 89 degrees 55 minutes 15 seconds West for a distance of 544 . 00 feet; (6)North 75 degrees 04 minutes 45 seconds West for a distance of 822 . 07 feet to a line which is 70 . 00 feet east of and parallel with the west line of the, southwest quarter of the said Section 13 ; THENCE along the said parallel line, North 00 degrees 08 minutes 55 seconds East for a distance of 744 . 76 feet to the north line of the said tract described at Reception No. 96010201; THENCE along the said north line the following thirteen (13) courses and distances, (1) South 89 degrees 42 minutes 58 seconds East for a distance of 132 . 37 feet; (2) North 02 degrees 58 minutes 10 seconds West for a distance of 95 . 00 feet; (3) North 16 degrees 16 minutes 32 seconds East for a distance of 168 . 68 feet ; (4) North 17 degrees 18 minutes 23 seconds East for a distance Page 1 of 4 of 118 . 30 feet; (5)North 32 degrees 46 minutes 02 seconds East for a distance of 264 . 91 feet; (6)North 56 degrees 13 minutes 34 seconds East for a distance of 87 . 92 feet ; (7) South 87 degrees 46 minutes 55 seconds East for a distance of 27 . 02 feet; (8)North 76 degrees 55 minutes 28 seconds East for a distance of 48 .27 feet; (9) South 78 degrees 00 minutes 52 seconds East for a distance of 38 . 83 feet; (10)North 70 degrees 14 minutes 30 seconds East for a distance of 114 . 83 feet; (11) South 38 degrees 41 minutes 36 seconds East for a distance of 137 . 28 feet; (12) South 47 degrees 44 minutes 14 seconds East for a distance of 143 . 01 feet; (13) South 62 degrees 59 minutes 31 seconds East for a distance of 13 .43 feet to the west line of that certain tract of land described in a Findings of Fact, Judgment and Order recorded April 9, 1990 at Reception No. 90014603 records of the said Clerk and Recorder; THENCE along the said west line and along the southerly line of the said tract described at Reception No. 90014603 the following seven (7) courses and distances, (1) South 00 degrees 10 minutes 49 seconds West for a distance of 12 . 74 feet; (2) South 62 degrees 49 minutes 39 seconds East for a distance of 98 . 56 feet; (3) South 69 degrees 08 minutes 54 seconds East for a distance of 218 .41 feet; (4) South 41 degrees 11 minutes 16 seconds East for a distance of 94 . 15 feet; (5) South 41 degrees 11 minutes 16 seconds East for a distance of 72 . 08 feet; (6) South 35 degrees 43 minutes 22 seconds East for a distance of 263 . 86 feet; (7) South 89 degrees 44 minutes 11 seconds East for a distance of 269 . 13 feet (recorded as 272 . 89 feet) to the southwesterly line of a waterline easement recorded August 29, 2001 at Reception No. 2001076513 records of the said Clerk and Recorder; THENCE along the said southwesterly line, the following six (6) courses and distances, (1) South 33 degrees 47 minutes 09 seconds East for a distance of 4 . 05 feet; (2) South 46 degrees 10 minutes 26 seconds East for a distance of 49 . 74 feet ; (3) along a curve to the left having a radius of 350 . 00 feet a central angle of 20 degrees 16 minutes 46 seconds and an arc length of 123 . 88 feet, being subtended by a chord of South 56 degrees 18 minutes 49 seconds East for a distance of 123 . 23 feet; (4) South 66 degrees 27 minutes 12 seconds East for a distance of 374 . 21 feet; (5) South 70 degrees 51 minutes 14 seconds East for a distance of 237 . 82 feet; (6) along a curve to the right having a radius of 1000 . 00 feet a central angle of 06 degrees 17 minutes 23 seconds and an arc length of 109 . 78 feet, being subtended by a chord of South 68 degrees 08 minutes 12 seconds East for a distance of 109 . 72 feet to the southerly line of the plat of Provincetowne P.U.D. Filing No. 2 Page 2 of 4 a plat of record with the said Clerk and Recorder; THENCE along the said southerly line the following three (3) courses and distances, (1) along a curve to the right having a radius of 1000 . 00 feet a central angle of 12 degrees 07 minutes 53 seconds and an arc length of 211 . 73 feet, being subtended by a chord of South 58 degrees 55 minutes 34 seconds East for a distance of 211 . 34 feet; (2) South 52 degrees 51 minutes 38 seconds East for a distance of 44 . 57 feet; (3) along a curve to the right having a radius of 450 . 00 feet a central angle of 29 degrees 50 minutes 51 seconds and an arc length of 234 .42 feet, being subtended by a chord of South 37 degrees 56 minutes 13 seconds East for a distance of 231 . 78 feet to the southerly line of that certain tract of land described by Manhard Consulting Ltd. and known as Parcel 5 Tract A in the land transfers from the said City to KB Home Colorado, Inc . ; THENCE along the said southerly line of Parcel 5 Tract A the following five (5) courses and distances, (1) along a curve to the right having a radius of 450 . 00 feet a central angle of 22 degrees 21 minutes 27 seconds and an arc length of 175 . 60 feet, being subtended by a chord of South 11 degrees 50 minutes 37 seconds East for a distance of 174 .48 feet; (2) South 00 degrees 39 minutes 22 seconds East for a distance of 45 . 89 feet; (3) along a curve to the left having a radius of 350 . 00 feet a central angle of 31 degrees 47 minutes 21 seconds and an arc length of 194 . 19 feet, being subtended by a chord of South 16 degrees 33 minutes 03 seconds East for a distance of 191 . 71 feet; (4) along a curve to the left having a radius of 465 . 00 feet a central angle of 80 degrees 57 minutes 23 seconds and an arc length of 657 . 02 feet, being subtended by a chord of South 72 degrees 55 minutes 25 seconds East for a distance of 603 . 72 feet; (5) non-tangent from the previous curve, North 40 degrees 06 minutes 06 seconds East for a distance of 236 . 39 feet to the said southerly line of the plat of Provincetowne P.U.D. Filing No. 2 ; THENCE along the said southerly line the following twelve (12) courses and distances, (1) South 52 degrees 32 minutes 35 seconds East for a distance of 47 . 85 feet; (2) along a curve to the right having a radius of 405 . 00 feet a central angle of 13 degrees 48 minutes 04 seconds and an arc length of 97 . 55 feet, being subtended by a chord of South 52 degrees 35 minutes 47 seconds East for a distance of 97 .32 feet; (3) along a non-tangent curve to the left having a radius of 150 . 00 feet a central angle of 55 degrees 06 minutes 32 seconds and an arc length of 144 .27 feet, being subtended by a chord of South 09 degrees 56 minutes 25 seconds West for a distance of 138 . 78 feet; (4) South 17 degrees 36 minutes 51 seconds East for a distance of 72 . 89 feet; (5) along a curve to the left having a radius of 400 . 00 feet a central angle of 18 degrees 54 minutes 58 seconds and an arc length of 132 . 06 feet, being subtended by a chord of South 27 degrees 04 minutes 20 seconds East for a distance of 131 .46 feet; (6) South 36 degrees 31 minutes 49 seconds East for a distance of 86 . 59 feet; (7) along a curve to the left having a radius of 235 . 00 feet a central angle of 77 degrees 34 minutes 06 seconds and an arc length of 318 . 15 feet, being subtended by a chord of South 75 degrees 18 minutes 52 seconds East for a distance of 294 .40 feet ; Page 3 of 4 (8)North 65 degrees 54 minutes 05 seconds East for a distance of 52 . 05 feet; (9) along a curve to the left having a radius of 900 . 00 feet a central angle of 18 degrees 32 minutes 02 seconds and an arc length of 291 . 13 feet, being subtended by a chord of North 56 degrees 38 minutes 04 seconds East foroa distance of 289 . 86 feet ; (10) non-tangent from the previous curve, North 33 degrees 16 minutes 23 seconds East for a distance of 475 . 66 feet ; (11) along a curve to the right having a radius of 240 . 00 feet a central angle of 58 degrees 39 minutes 35 seconds and an arc length of 245 . 71 feet, being subtended by a chord of North 62 degrees 36 minutes 11 seconds East for a distance of 235 . 12 feet; (12) THENCE South 88 degrees 04 minutes 02 seconds East for a distance of 267 . 59 feet to the said line being 57 . 50 feet west of and parallel with the east line of the southeast quarter; THENCE along the said parallel line, South 00 degrees 10 minutes 59 seconds West for a distance of 1625 . 13 feet to the point of beginning. Containing 151 . 060 Acres more less . 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 is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 Page 4 of 4