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HomeMy WebLinkAbout141 - 09/07/1999 - AUTHORIZING THE CONVEYANCE OF A 2.18 ACRE PARCEL TO HUNTINGTON HILLS OF COLORADO, LLC, IN EXCHANGE F ORDINANCE NO. 141, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A 2.18 ACRE PARCEL TO HUNTINGTON HILLS OF COLORADO, LLC, IN EXCHANGE FOR APPROXIMATELY 20 ACRES OF NATURAL AREA PROPERTY NEAR MAIL CREEK AND FOSSIL CREEK WHEREAS,the City has acquired a 12-acre site in the vicinity of the proposed Huntington Hills Seventh Filing residential development in the City of Fort Collins; and WHEREAS,the site contains a 2.18-acre parcel that City staff has determined is not critical to the conservation of the natural area along Mail Creek and Fossil Creek, and which is desired by the developer of Huntington Hills Seventh Filing, Huntington Hills of Colorado, LLC ("Huntington"),and is more particularly described on Exhibit"A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, in exchange for the conveyance of the Property, Huntington has agreed to convey to the City approximately 20 acres of additional natural area (the "New Property") in the same vicinity,which property includes part of Mail Creek and is adjacent to the City's Fossil Creek Park, and has been determined by City staff and the Natural Resources Advisory Board to have substantial natural area value; and WHEREAS, the acquisition of the New Property will further the policy objectives of providing neighborhood scale natural areas, stream corridor protection, enhancement of degraded sites, and integration with parks and schools; and WHEREAS, City staff has negotiated an agreement with Huntington pursuant to which Huntington would convey to the City the New Property in exchange for the Property, subject to the reservation of easements required for the development of Huntington Hills Seventh Filing, which agreement is on file in the Office of the City Clerk(the "Agreement"); and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance,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 OF FORT COLLINS as follows: Section 1. That the exchange of the Property for the New Property, in accordance with the Agreement, is in the best interest of the City. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary for the City to sell and convey the Property to Huntington on the terms and conditions described in the Agreement and in this Ordinance. Introduced,considered favorably and ordered published this 17th day of August,A.D. 1999, and to be presented for final passage on the 7th day of September, A.D. 1999. Mayor ATTEST: City Clerk Passed on final reading this 7th day of September, A.D. 1999 Mayor ATTEST: M City Clerk -• - EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 OAKFARM TO CITY CITY TO HUNTINGTON SILLS A PARCEL OF LAND LOCATED IN SECTION 1, T6N3, R69W OF THE SDCIH PRINCIPAL MERIDIAN, COUNTY OF LARIN ER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING MARKED BY A �6 REBAR WITH A 3i/4" AL CAP STAMPED PLS 17502; AND CQNSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1_ TO HAVE AN ASSUIvIDD BEARING OF S89006'20"E, (EAST END OF SAID LINE BEING MARKED BY A 96 REBAR WITH A 31/4 ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N00026'32"E, 250.19 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 1; THENCE S89004'59"E, 115.29 FEET; THENCE S 0005 5'01"W, 23.01 FEET; THENCE S 89°3 3'28"E, 77.41 FEET; THENCE S00026'32"W, 136.81 FEET; THENCE S89004'59"E, 287.05 FEET; THENCE S00055'01"W, 25.50 FEET; THENCE S89004'59"E, 226.56 FEET; THENCE S75055'13"E, 126.88 FEET; THENCE S 5 7°18'3 6"E, 53.76 FEET; THENCE S89°07'15"E, 63.82 FEET; THENCE S49026'13"E, 12.50 FEET TO A POINT.ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE N89006'20"W, 948.05 FEET ALONG THE SAID SOUTH LINE OF SECTION 1 TO THE POINT OF BEGINNING. TOTAL AREA OF SAID DESCRIBED PARCEL 1 IS 2.18 ACRES MORE OR LESS AND IS SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS-OF-WAY OR RECORD OR THAT NOW EXIST ON THE GROUND.