HomeMy WebLinkAbout020 - 02/19/2002 - AUTHORIZING THE MAYOR TO QUIT CLAIM APPROXIMATELY 2.198 SQUARE FEET OF LEE MARTINEZ PARK TO WONDERLA ORDINANCE NO. 020, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO QUIT CLAIM
APPROXIMATELY 2,198 SQUARE FEET OF LEE MARTINEZ PARK TO
WONDERLAND HILL DEVELOPMENT COMPANY FOR ADJACENT PARKING AND
AUTHORIZING THE ACCEPTANCE OF DEEDS CONVEYING PROPERTY
ALONG THE SOUTH BOUNDARY OF THE PARK
WHEREAS,the City of Fort Collins is the owner of that certain real property located in Fort
Collins,Larimer County,Colorado, and known as Lee Martinez Park(the"Park"),which is adjacent
to Martinez Park P.U.D. (the "Development"), an approved commercial development; and
WHEREAS,the developer of the Development has recently proposed,and the Planning and
Zoning Board has approved, an amendment to the development plan for the Development, which
enhances the aesthetics and pedestrian friendliness of the Development; and
WHEREAS,the developer has worked with City staff to reconfigure the parking previously
approved for the Development to accommodate the amended plan in such a manner as to provide
as part of the Development public parking desired for users of the Park; and
WHEREAS, the layout of a portion of the proposed parking preferred by City staff
encroaches on an area of the Park of approximately 2,198 square feet in size, which area is more
particularly described on Exhibit"A",attached hereto and incorporated herein by this reference(the
"Property"); and
WHEREAS, City staff has determined that the conveyance of the Property to the developer
will not be detrimental to the City, and will instead benefit the City by allowing for parking to be
available for the public in a location preferred by City staff; and
WHEREAS, due to the benefits to be experienced by the City and the general public as a
result of the proposed conveyance and development of additional parking, City staff has
recommended that no compensation be required in connection with the conveyance of the Property
for Martinez Park P.U.D.; 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; and
WHEREAS, City staff has further determined that a minor modification to the property
boundary along individual residential Lots I through 10 of Martinez Park P.U.D. would result in a
more definite and visibly identifiable boundary between the Park and the adjacent private property,
and is in the process of proposing that the owners of those lots convey portions of their respective
lots to the north of the existing northern sidewalk on Martinez Park P.U.D.(collectively, the
"Boundary Correction Property"); and
WHEREAS, City staff has requested that the City Council authorize the acceptance of the
Boundary Correction Property upon the conveyance of the same.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Property for the use for parking shown as shown
on the amended plat for Martinez P.U.D., to be used for public parking is in the best interest of the
City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute a quit claim deed as is
necessary for the City to sell and convey the Property on the terms and conditions described above.
Section 3. That the City Manager is hereby authorized to accept the conveyance of the
Boundary Correction Property,as described above,in order to adjust the boundary of the Park to the
north edge of the sidewalk along the northern end of Lots 1 through 10 of Martinez P.U.D.
Introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2002, and to be presented for final passage on the 19th day of February,A.D. 2002.
Mayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 19th day of/Frebbruar.l A.D. 2002,
Mayor
ATTEST:
0
City Clerk
EXHIBIT "A"
DESCRIPTION:
A slope easement being a portion of CITY OF FORT COLLINS PARKS AND REC.
LEE MARTINEZ PARK, located in the Northeast Quarter of Section 11, Township 7
North, Range 69 West of the 61h Principal Meridian, City of Fort Collins, County of
Larimer, State of Colorado being more particularly described as follows:
Considering the Southerly line of said CITY OF FORT COLLINS PARKS AND REC.
LEE MARTINEZ PARK as bearing North 86°41'20" West and with all bearings
contained herein relative thereto:
BEGINNING at a point being the Northeast corner of Lot 1, MARTINEZ P.U.D.; thence,
North 70°47'00"East, 49.60 feet; thence, South 77°35'41" East, 143.60 feet to a point on
said Southerly line of CITY OF FORT COLLINS PARKS AND REC. LEE
MARTINEZ PARK; thence along said line, North 86041'20" West, 179.00 feet; thence,
North 63°38'52"West, 9.40 feet to the Point of Beginning.
The above described slope easement contains 2198 square feet more or less and is subject
to all easements and rights-of-way now on record or existing.
January 25, 2002
Job # 779-004
Mason-exhibit
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