HomeMy WebLinkAbout007 - 01/20/2004 - AUTHORIZING THE EXCHANGE OF A CITY PROPERTY FOR A PARCEL OF LAND ADJACENT TO KINGFISHER NATURAL AREA ORDINANCE NO. 007, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXCHANGE
OF A CITY PROPERTY FOR A PARCEL OF LAND ADJACENT TO
KINGFISHER NATURAL AREA AND APPROPRIATING THE VALUE OF
THE PARTIAL DONATION OF THE PROPERTY TO BE ACQUIRED
WHEREAS, the owner, William C. and Maureen D. Stockover (the "Stockovers") own
property legally described as a 2.468 acre tract of land located in the Northeast 1/a of Section 18,
Township 7 North, Range 68 West of the 6th P.M.. County of Latimer, State of Colorado, more
specifically described on Exhibit "A" attached hereto and incorporated herein by this reference
("Parcel A"); and
WHEREAS,the City owns a 0.621 acre parcel approximately 60' wide adjacent to and west
of the Stockover property more specifically described on Exhibit "B" attached hereto and
incorporated herein by this reference ("Parcel B") the value of which has been determined by City
staff to be $121,730; and
WHEREAS, as part of a proposed exchange of these properties, the Stockovers have agreed
to also convey to the City a permanent access easement across Parcel B, after Parcel B has been
conveyed to them, and across an additional 1,230 square foot ("SF") portion of the Stockover's
adjacent property more particularly described on Exhibit"C"attached hereto and incorporated herein
by this reference (the "Easement Area"); and
WHEREAS, the fair market value of Parcel A has been determined by City staff to be
$3.00/SF or $322,518 for the 2.468 acre tract, and the 1,230 SF portion of the Easement Area has
been valued at $1,845 for a total value of property to be conveyed to the City of$324,363; and
WHEREAS,staff has determined that the property from the Stockovers will be of significant
importance to the people of Fort Collins and the State of Colorado and will enhance Kingfisher
Natural Area; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the
Council first finds by ordinance that any sale or disposition of that real property interest will be for
the benefit of the City's citizens, and will be in the best interests of the City; and
WHEREAS, Article V, Section 9 of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount of such supplemental appropriations,in combination with all previous
appropriations for that fiscal year does not exceed the then current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the donated value of the
exchanged property,as described herein,will not cause the total amount appropriated in the relevant
funds to exceed the current estimate of actual and anticipated revenues to be received in that fund
during the fiscal year; and
WHEREAS, it is the desire of the Council to authorize the conveyance of Parcel B to the
Stockovers in exchange for the Stockovers' conveyance of Parcel A and the easement across the
Easement Area to the City, and to appropriate the value of the partial donation of Parcel A in the
Natural Areas Fund.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the above-described exchange and
conveyance of Parcel B will be for the benefit of the City's citizens and is in the best interest of the
City.
Section 2. That the Mayor is hereby authorized to execute such deeds and other documents
of conveyance as may be necessary to carry out the terms of the above-described exchange.
Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in
the Natural Areas Fund the sum of Two Hundred Thousand Dollars ($200,000) for Natural Areas
Fund purposes.
Introduced, considered favorably on first reading, and ordered published this 6th day of
January, A.D. 2004, and presented for final passage on the 20th day o ary, A.D. 2 .
mayor
ATTEST:
ML)R�
City Clerk ,
Passed and adopted on final reading this 20th day of January, A.D. 2004.
MayorPro Ten;
TTEST:
City Clerk
Exhibit A
Page 1 of 2
DESCRIPTION OF A PORTION OF THE STOCKOVER PROPERTY TO BE DEEDED TO
THE CITY OF FORT COLLINS
A tract of land located in the Northeast Quarter of Section 18,
Township 7 North, Range 68 West of the Sixth Principal Meridian,
Larimer County, Colorado, the said tract is a portion of Tract "B"
of the Douglas Valley Boundary Line Adjustment Plat, recorded May
16, 2000 at Reception No. 2000031797, records of the Clerk and
Recorder of the said Larimer County, more particularly described as
follows;
Considering the East Line of the said Northeast Quarter of Section
18 as bearing South 00 degrees 07 minutes 29 seconds West from a
found PLS 17497 Aluminum Cap Monument at the Northeast Corner of
Section 18 to a found PLS 17497 Aluminum Cap Monument at the East
Quarter Corner of the said Section 18 based upon GPS observation,
and with all bearings contained herein relative thereto;
Commencing at the said Northeast Corner of Section 18 ;
THENCE along the said East Line of the Northeast Quarter,
South 00 degrees 07 minutes 29 seconds West for a distance of
950 . 86 feet to the south boundary of the Amended Plat of Lots 1 &
2 of Summers Subdivision, as recorded June 29, 1999 at Reception
No. 99057472 records of the said Clerk and Recorder;
THENCE along the said south boundary the following seven (7)
courses and distances, (1) South 77 degrees 58 minutes 59 seconds
West for a distance of 184 . 84 feet;
(2) South 49 degrees 46 minutes 19 seconds West for a distance
of 236 . 14 feet;
(3) South 29 degrees 02 minutes 44 seconds West for a distance
of 66 .26 feet;
(4) South 46 degrees 18 minutes 59 seconds West for a distance
of 203 . 20 feet ;
(5) South 70 degrees 26 minutes 19 seconds West for a distance
of 212 . 77 feet;
(6) North 71 degrees 42 minutes 11 seconds West for a distance
of 201 . 72 feet;
(7) North 55 degrees 44 minutes 36 seconds West for a distance
of 30 . 71 feet to the southeast corner of the said Tract B of the
Douglas Valley Boundary Line Adjustment, and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the east line of the said Tract B, North 00
degrees 07 minutes 29 seconds East for a distance of 460 . 63 feet;
THENCE leaving the said east line, North 89 degrees 52 minutes
31 seconds West for a distance of 299 .31 feet to the west line of
the said Tract B;
THENCE along the said west line, South 00 degrees 07 minutes
29 seconds West for a distance of 257 . 74 feet to the south line of
the said Tract B;
THENCE along the said south line, South 55 degrees 44 minutes
36 seconds East for a distance of 361 . 60 feet to the Point of
Page 1 of 2
Exhibit A
Beginning. Containing 2 .468 Acres More Less . Page 2 of 2
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.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
Exhibit B
Page 1 of 2
DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY TO BE
DEEDED TO STOCKOVER
A tract of land located in the Northeast Quarter of Section 18,
Township 7 North, Range 68 West of the Sixth Principal Meridian,
Larimer County, Colorado, the said tract is a portion of Tract "A"
of the Douglas Valley Boundary Line Adjustment Plat, recorded May
16, 2000 at Reception No. 2000031797, records of the Clerk and.
Recorder of the said Larimer County, more particularly described as
follows;
Considering the East Line of the said Northeast Quarter of Section
18 as bearing South 00 degrees 07 minutes 29 seconds West from a
found PLS 17497 Aluminum Cap Monument at the Northeast Corner of
Section 18 to a found PLS 17497 Aluminum Cap Monument at the East
Quarter Corner of the said Section 18 based upon GPS observation,
and with all bearings contained herein relative thereto;
Commencing at the said Northeast Corner of Section 18 ;
THENCE along the said East Line of the Northeast Quarter,
South 00 degrees 07 minutes 29 seconds West for a distance of
950 .86 feet to the south boundary of the Amended Plat of Lots 1 &
2 of Summers Subdivision, as recorded June 29, 1999 at Reception
No. 99057472 records of the said Clerk and Recorder;
THENCE along the said south boundary the following seven (7)
courses and distances, (1) South 77 degrees 58 minutes 59 seconds
West for a distance of 184 . 84 feet;
(2) South 49 degrees 46 minutes 19 seconds 'West for a distance
of 236 . 14 feet;
(3) South 29 degrees 02 minutes 44 seconds West for a distance
Of 66 .26 feet;
(4) South 46 degrees 18 minutes 59 seconds West for a distance
of 203 .20 feet;
(5) South 70 degrees 26 minutes 19 seconds West for a distance
of 212 . 77 feet;
(6) North 71 degrees 42 minutes 11 seconds West for a distance
of 201 . 72 feet;
(7) North 55 degrees 44 minutes 36 seconds West for a distance
of 30 . 71 feet to the southeast corner of Tract B of the said
Douglas Valley Boundary Line Adjustment;
THENCE along the east line of the said Tract B, North 00
degrees 07 minutes 29 seconds East for a distance of 460 . 63 feet;
THENCE leaving the said east line, North 89 degrees 52 minutes
31 seconds West for a distance of 299.31 feet to the east line of
the said Tract A of the Douglas Valley Boundary Line Adjustment and
to the TRUE POINT OF BEGINNING of this description;
THENCE North 89 degrees 52 minutes 31 seconds West for a
distance of 59. 86 feet to the southerly extension of a portion of
the west line of the said Tract A;
THENCE along the said southerly extension and along the said
west line, North 00 degrees 07 minutes 29 seconds East for a
Page 1 of 2
Exhibit B
Page 2 of 2
distance of 453 . 92 feet to the south right of way of East Mulberry
(State Highway 14) as shown on the Colorado Department of Highways
Right Of Way Plan No. F004-1 (6) ;
THENCE along the said south right of way, South 86 degrees 07
minutes 39 seconds East for a distance of 59 . 99 feet to the said
east line of Tract A;
THENCE along the said east line, South 00 degrees 07 minutes
29 seconds West for a distance of 450 . 00 feet to the Point of
Beginning. Containing 0 . 621 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.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
Exhhibit C
Pa 1 of 4
DESCRIPTION OF AN ACCESS EASEMENT LOCATED ON THE STOCKOVER PROPERTY
TO BE DEDICATED TO THE CITY OF FORT COLLINS
An Access Easement land located in the Northeast Quarter of Section
18, Township 7 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, Colorado, the said easement is a portion
of Tract "C" of the Stockover Boundary Line Adjustment Plat,
recorded with the Clerk and Recorder of the said Larimer County,
more particularly described as follows;
Considering the East Line of the said Northeast Quarter of Section
18 as bearing South 00 degrees 07 minutes 29 seconds West from a
found PLS 17497 Aluminum Cap Monument at the Northeast Corner of
Section 18 to a found PLS 17497 Aluminum Cap Monument at the East
Quarter Corner of the said Section 18 based upon GPS observation,
and with all bearings contained herein relative thereto;
Commencing at the said Northeast Corner of Section 18 ;
THENCE along the said East Line of the Northeast Quarter,
South 00 degrees 07 minutes 29 seconds West for a distance of
950 . 86 feet to the south boundary of the Amended Plat of Lots 1 &
2 of Summers Subdivision, as recorded June 29, 1999 at Reception
No. 99057472 records of the said Clerk and Recorder;
THENCE along the said south boundary the following seven (7)
courses and distances, (1) South 77 degrees 58 minutes 59 seconds
West for a distance of 184 . 84 feet;
(2) South 49 degrees 46 minutes 19 seconds West for a distance
of 236 . 14 feet;
(3) South 29 degrees 02 minutes 44 seconds West for a distance
of 66 . 26 feet;
(4) South 46 degrees 18 minutes 59 seconds West for a distance
of 203 .20 feet;
(5) South 70 degrees 26 minutes 19 seconds West for a distance
of 212 . 77 feet;
(6) North 71 degrees 42 minutes 11 seconds West for a distance
of 201 . 72 feet;
(7) North 55 degrees 44 minutes 36 seconds West for a distance
of 30 . 71 feet to the southeast corner of Tract A of the said
Stockover Boundary Line Adjustment;
THENCE along the east line of the said Tract A, and along the
east lines of the said Tracts B and C, North 00 degrees 07 minutes
29 seconds East for a distance of 891 . 03 feet to the north line of
the said Tract C;
THENCE along the north line of the said Tract C, North 86
degrees 07 minutes 39 seconds West for a distance of 274 . 90 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 86 degrees
07 minutes 39 seconds West for a distance of 25 . 05 feet;
THENCE leaving the said north line, South 00 degrees 07
minutes 29 seconds West for a distance of 50 . 00 feet;
THENCE South 69 degrees 52 minutes 31 seconds East for a
Page 1 of 2
Exhibit C
distance of 25 . 00 feet; Page 2 of 4
THENCE North 00 degrees 07 minutes 29 seconds East for a
distance of 48 . 36 feet to the Point of Beginning. Containing 0 . 028
Acres (1230 square feet) 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.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2
xhib 't C
age of 4
DESCRIPTION OF AN ACCESS EASEMENT LOCATED ON THE STOCKOVER PROPERTY
TO BE DEDICATED TO THE CITY OF FORT COLLINS
An Access Easement land located in the Northeast Quarter of Section
18 , Township 7 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, Colorado, the said easement is a portion
of Tracts "B" and "C" of the Stockover Boundary Line Adjustment
Plat, recorded with the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
Considering the East Line of the said Northeast Quarter of Section
18 as bearing South 00 degrees 07 minutes 29 seconds West from a
found PLS 17497 Aluminum Cap Monument at the Northeast Corner of
Section 18 to a found PLS 17497 Aluminum Cap Monument at the East
Quarter Corner of the said Section 18 based upon GPS observation,
and with all bearings contained herein relative thereto;
Commencing at the said Northeast Corner of Section 18;
THENCE along the said East Line of the Northeast Quarter,
South 00 degrees 07 minutes 29 seconds West for a distance of
950 . 86 feet to the south boundary of the Amended Plat of Lots 1 &
2 of Summers Subdivision, as recorded June 29, 1999 at Reception
No . 99057472 records of the said Clerk and Recorder,-
THENCE along the said south boundary the following seven (7)
courses and distances , (1) South 77 degrees 58 minutes 59 seconds
West for a distance of 184 . 84 feet;
(2) South 49 degrees 46 minutes 19 seconds West for a distance
of 236 . 14 feet;
(3) South 29 degrees 02 minutes 44 seconds West for a distance
of 66 . 26 feet;
(4) South 46 degrees 18 minutes 59 seconds West for a distance
of 203 . 20 feet;
(5) South 70 degrees 26 minutes 19 seconds West for a distance
of 212 . 77 feet;
(6) North 71 degrees 42 minutes 11 seconds West for a distance
of 201 . 72 feet;
(7) North 55 degrees 44 minutes 36 seconds West for a distance
of 30 . 71 feet to the southeast corner of Tract A of the said
Stockover Boundary Line Adjustment;
THENCE along the east line of the said Tract A, North 00
degrees 07 minutes 29 seconds East for a distance of 460 . 63 feet;
THENCE along the north line of the said Tract A, North 89
degrees 52 minutes 31 seconds West for a distance of 299 . 31 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said north line, North 89 degrees
52 minutes 31 seconds West for a distance of 59 . 86 feet to the said
east line of Tract A;
THENCE along the said east line and along the west line
of the said Tracts B and C, North 00 degrees 07 minutes 29 seconds
East for a distance of 453 . 92 feet to north line of the said Tract
C;
Page 1 of 2
Exhibit C
Page 4 of 4
THENCE along the said north line of Tract C, South 86 degrees
07 minutes 39 seconds East for a distance of 59 . 99 feet;
THENCE leaving the said north line, South 00 degrees 07
minutes 29 seconds West for a distance of 450 . 00 feet to the Point
of Beginning. Containing 0 . 621 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.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P. O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2