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HomeMy WebLinkAbout137 - 10/21/2003 - AMENDING THE LEGAL DESCRIPTION OF THE JACOBY FARM PROPERTY AND AUTHORIZING THE SALE OF THE ADDITIONA ORDINANCE NO. 137, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LEGAL DESCRIPTION OF THE JACOBY FARM PROPERTY AND AUTHORIZING THE SALE OF THE ADDITIONAL SEVEN ACRES OF LAND TO LARIMER COUNTY WHEREAS, in September 2002, the City Council adopted Ordinance No. 117, 2002, authorizing the sale of the Jacoby Farm property to Larimer County for its Open Lands Program;and WHEREAS, a survey has been completed of the Jacoby Farm property, and it has been determined that a seven-acre portion of the property lies to the west of the boundary of the quarter section described in Ordinance No. 117, 2002; and WHEREAS,City and County staff have conferred and confirmed that the conveyance of the seven acres,more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference (the "Parcel") was intended as part of the conveyance of Jacoby Farm; and WHEREAS, the appraised value of the Jacoby Farm land of $1,920,000, as noted in Ordinance No. 117, 2002, was based on the inclusion of the Parcel; 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 disposition of real property owned by the City will not materially impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY TI4E COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above described conveyance of the Parcel will not materially impair the viability of the City's wastewater utility as a whole, and that each will be for the benefit of the City's citizens, and in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance or commitment as are necessary to convey the Parcel to Larimer County, consistent with the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 2003, and to be presented for final passage on the 21st day of October, A.D. 2003. r ayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of October, A . 2003. ayor - AST:iE,l : City Clerk EXHIBIT"A" A PARCEL OF LAND SITUATE IN THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SOUTH 1/2 OF SAID SECTION 14 AS BEING SOUTH 00`07'24" WEST,AND ALLBEARINGS CONTAINED HEREIN RELATIVE THERETO;BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 14; THENCE ALONG THE EAST LINE OF SAID SECTION 14, SOUTH 00'07'24"WEST, 2027.39 FEET; THENCE DEPARTING SAID EAST LINE NORTH 47'24'23"WEST; 146.11 FEET;THENCE NORTH 02`44'35"WEST,1930.31 FEET MORE OR LESS TO THE EAST-WEST 1/4 LINE OF SAID SECTION 14;THENCE ALONG SAID EAST-WEST 1/4 LINE NORTH 89*53'12"EAST,204.31 FEET MORE OR LESS TO THE POINT OF BEGINNING;SUBJECT TO A 30 FOOT ROAD RIGHT-OF-WAY ALONG THE WEST AND NORTH LINES OF SAID PARCEL, WITH ALL ITS APPURTENANCES,AND WARRANTS THE TITLE TO THE SAME,SUBJECT TO WITH ALL ITS APPURTENANCES,AND WARRANTS THE TITLE TO THE SAME,SUBJECT TO ALL EASEMENTS AND RIGHTS- OF-WAY OF WHATEVER CHARACTER OF RECORD OR NOW EXISTING ON SAID PREMISES,INCLUDING, BUT NOT LIMITED TO THOSE FOR DITCHES, CANALS, PIPELINES, RESERVOIRS, RAILROADS, ROADS, TELEPHONE LINES,UTILITIES,POWER LINES,OR ANY OTHER PURPOSE TO ALL MINERAL,OIL,GAS AND COAL RESERVATIONS,LEASES,AND ASSIGNMENTS OR RECORD,AND SUBJECT TO 1993 TAXES PAYABLE IN 1994.