HomeMy WebLinkAbout044 - 05/03/2005 - AUTHORIZING THE CONVEYANCE OF CITY-OWNED PROPERTY, LOCATED IN THE COVENTRY SUBDIVISION FILING NO. 1, ORDINANCE NO. 044, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CITY-OWNED PROPERTY,
LOCATED IN THE COVENTRY SUBDIVISION FILING NO. 1,
FORT COLLINS, COLORADO, TO COVENTRY HOME OWNERS' ASSOCIATION
IN EXCHANGE FOR A CONSERVATION EASEMENT
PRESERVING THE PROPERTY
WHEREAS, the City is the owner in fee simple of certain real property 2.197 acres in
size and located in Fort Collins, more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the"Property"); and
WHEREAS, the Property is known as Hidden Cattails Natural Area and was dedicated to
the City as part of the 3.350 acre Coventry Subdivision Filing No. 1, Tract D; and
WHEREAS, the Coventry Home Owners' Association ("HOA") has requested that the
City deed the Property to the HOA for HOA operation and maintenance, and has agreed to
convey to the City a Conservation Easement to preserve the open space and natural values of the
Property in perpetuity; and
WHEREAS, the remaining 1.153 acres of Tract D will remain in City ownership and will
be maintained by the Parks and Recreation Department as a part of the Ridge View
neighborhood park; and
WHEREAS, the City intends that the Conservation Values of the Property be preserved
and maintained in perpetuity by continuing the land use patterns consistent with open space; and
WHEREAS, consistent with and pursuant to the Conservation Easement, the HOA would
agree to prevent any activity on or use of the Property that is significantly inconsistent with the
purposes of the Conservation Easement and to require the restoration of such areas or features of
the Property that may be damaged by inconsistent activity or use; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to convey any and all interests in real property owned in the name of the City,
provided that Council first finds that the conveyance 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 Council hereby finds that the conveyance of the Property subject
to a Conservation Easement to protect its open space and natural areas values, as set forth herein,
is in the best interests for the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute a deed of conveyance of
property to Coventry Home Owner's Association and to execute a Conservation Easement on the
Property for the benefit of the City, consistent with the terms of this Ordinance, together with
such additional terms and conditions as the Mayor, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 19th day of
April, A.D. 2005, and to be presented for final passage on the 3rd day of May, A.D. 2005.
4May '
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City Clerk
Passed and adopted on final reading this 3rd day of M , A.D. 2005.
Mayo
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City Clerk
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND LOCATED ON THE CITY OF FORT COLLINS
PROPERTY TO BE DEEDED TO THE COVENTRY HOME OWNERS ASSOCIATION
A Tract of land located in the Northeast quarter of Section 2 , Township
6 North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado, the said tract is also located in
Tract D of the Plat of Coventry Subdivision Filing No . 1 , a plat of
record with the Clerk and Recorder of Larimer County, being more
particularly described as follows ;
Considering the north line of the said northeast quarter of Section 2
as bearing South 89 degrees 54 minutes 42 seconds East between a 3"
Aluminum Cap Monument, PLS 5028 at the north quarter corner and a 3 "
Aluminum Cap Monument , PLS 17664 at the northeast corner of Section 2,
based upon GPS observation and City of Fort Collins coordinate base,
and with all bearings contained herein relative thereto;
Commencing at the said north quarter corner of Section 2 ;
THENCE along the north line of the said northeast quarter of
Section 2 , South 89 degrees 54 minutes 42 seconds East for a distance
of 112 . 26 feet to the northerly extension of the west line of the said
Tract D, Coventry Subdivision Filing No. 1;
THENCE along the said northerly extension, South 00 degrees 04
minutes 40 seconds West for a distance of 60 . 00 feet to the northwest
corner of the said Tract D and to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE along the north line of the said Tract D, South 89 degrees
54 minutes 42 seconds East for a distance of 616 . 05 feet to the east
line of the said Tract D;
THENCE along the said east line, South 00 degrees 18 minutes 10
seconds West for a distance of 228 . 06 feet to the south line of the
said Tract D;
THENCE along the said south line, North 89 degrees 41 minutes 50
seconds West for a distance of 150 . 37 feet;
THENCE along the northerly extension of the east line of the said
Tract D, North 00 degrees 18 minutes 10 seconds East for a distance of
45 . 00 feet;
THENCE leaving the said extended line, North 60 degrees 52 minutes
10 seconds West for a distance of 105 . 00 feet ;
THENCE South 68 degrees 00 minutes 24 seconds West for a distance
of 115 . 00 feet to the northeast corner of Lot 72 Coventry Subdivision
Filing No. 1 and to the said south line of Tract D;
THENCE along the said south line of Tract D, North 81 degrees 17
minutes 47 seconds West for a distance of 88 . 86 feet to the easterly
right of way of Bentley Place as shown on the said plat of Coventry
Subdivision Filing No . 1;
PAGE 1 OF 2
THENCE along the said right of way, along a non-tangent curve to
the left having a radius of 50 . 00 feet a central angle of 155 degrees
56 minutes 32 seconds and an arc length of 136. 09 feet, being subtended
by a chord of North 69 degrees 16 minutes 03 seconds West for a
distance of 97 . 80 feet;
THENCE continuing along the said right of way, along a curve to
the right having a radius of 50 . 00 feet a central angle of 40 degrees
02 minutes 23 seconds and an arc length of 34 . 94 feet , being subtended
by a chord of South 52 degrees 46 minutes 13 seconds West for a
distance of 34 . 23 feet to the said west line of Tract D;
THENCE along the said west line of Tract D, non-tangent from the
previous curve, North 00 degrees 04 minutes 40 seconds East for a
distance of 98 . 60 feet;
THENCE continuing along the said west line, North 56 degrees 49
minutes 39 seconds West for a distance of 71 . 62 feet ;
THENCE continuing along the said west line, North 00 degrees 04
minutes 40 seconds East for a distance of 10 . 02 feet to the point of
beginning. Containing 95704 square feet (2 . 197 acres) more or 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 2 OF 2
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