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Home My WebLink About128 - 10/14/2008 - AUTHORIZING THE CONVEYANCE OF A PORTION OF THE ARAPAHO BEND NATURAL AREA TO THE FORT COLLINS CAPITAL EMERGENCY ORDINANCE NO. 128, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF THE ARAPAHO BEND NATURAL AREA TO THE FORT COLLINS CAPITAL LEASING CORPORATION WHEREAS, on September 24, 2008,the Town Board of the Town of Timnath(the "Town Board")passed a resolution finding that a petition it had received for the annexation of certain real property located at the southwest corner of the intersection of Interstate 25 and Harmony Road(the "Property") complies with state law, and on October 1, 2008, approved on first reading ordinances annexing and zoning the property(the "Ordinances"), without notice to the City; and WHEREAS, on June 11, 2008, the Fort Collins Mayor and City Manager had appeared before the Town Board on June 11, 2008, and had expressed the City's strong concerns about this annexation(the"Timnath Annexation")because of its intrusion into the Fort Collins long-standing Growth Management Area("GMA")and the Property's status as a principal gateway to the City;and WHEREAS, before and after that date, Fort Collins Mayor Hutchinson and City Manager Atteberry have had numerous meetings and discussions with their Timnath counterparts to express the City's ongoing concerns about the Timnath Annexation and to explore ways in which the City and the Town could work collaboratively to cooperate in regional land use and transportation planning and, in particular, to establish mutually acceptable growth management boundaries; and WHEREAS, on October 8, 2008,pursuant to the provisions of Section 24-32-3209(2.3)(a) of the Colorado Revised Statutes,the City has filed with the Town Board a formal objection to the Timnath Annexation and a request to mediate the City's and Town's dispute related thereto; and WHEREAS,these efforts to persuade the Town Board not to annex the Property have been unsuccessful, and second reading of the Ordinances remains scheduled by the Town Board for October 29, 2008; and WHEREAS, under the provisions of the Timnath charter, the Ordinances, if approved on second reading, would take effect immediately; and WHEREAS, Timnath's annexation of the Property and other contiguous properties west of Interstate 25 would do irreparable harm to the long term interests of the City; and WHEREAS, it is necessary, in the interest of the health, safety and welfare of the residents of the City,that the City Council immediately undertake all legally available measures and remedies to prevent the Timnath Annexation; and WHEREAS,upon recommendation of the City Manager and City Attorney,the City Council believes that the conveyance of the City's ownership interest in a portion of the Arapaho Bend Natural Area(the "Natural Area"),more particularly described on Exhibit"A," attached hereto and 1 incorporated herein by this reference, to the Fort Collins Capital Leasing Corporation (the "Corporation")may facilitate that purpose; and WHEREAS, Article II, Section 6 of the Charter of the City of Fort Collins authorizes the Council to adopt emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at least five members of the Council and which shall contain a specific statement of the nature of the emergency; and WHEREAS, under Section 23-111 of the City Code,the City Council is authorized to sell, convey or otherwise dispose of any and all 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 conveyance of the City's ownership interest in the Natural Area to the Corporation is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Natural Area to the Corporation on terms and conditions consistent with this Ordinance,together with such additional terms and conditions as the Mayor,in consultation with the City Manager and City Attorney,determines to be necessary and appropriate to protect the interests of the City, including, but not limited to, any necessary corrections or revisions to the legal description of the Natural Area,as long as such changes do not materially increase the size or change the character of the property to be conveyed. Section 3. That the City Clerk is hereby directed to cause the publication of this Ordinance in the Fort Collins Coloradoan no later than October 21, 2008. Introduced, considered favorably by five (5) me ers f the Council of the of Fort Collins and finally passed as an emergency or and rde pu ' ed 4t a f October, A.D. 2008. Mayor ATTEST: City Clerk t<< i EXHIBIT A DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS ARAPAHO BEND NATURAL AREA TO BE DEEDED TO THE FORT COLLINS CAPITAL LEASING CORPORATION A tract of land located in the southwest quarter of Section 34 of Township 7 North,Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Latimer County, Colorado, more particularly described as follows; Considering the west line of the southwest quarter ofthe said Section 34 as bearing North 00 degrees 07 minutes 36 seconds East between a 3.25" Aluminum Cap monument at the southwest comer of Section 34 and a 3.25" Aluminum Cap monument,PLS 25384 at the west quarter comer of Section 34, based upon GPS observation and the City of Fort Collins coordinate base,and with all bearings contained herein relative thereto; Commencing at the said southwest comer of Section 34; THENCE along the west line of the said southwest quarter of Section 34, North 00 degrees 07 minutes 36 seconds East for a distance of 150.01 feet to the north right of way of East Harmony Road; THENCE along the said north right of way, South 89 degrees 32 minutes 52 seconds East for a distance of 30.00 feet to the east right of way of Strauss Cabin Road,and to the TRUE POINT OF BEGINNING of this description; THENCE along the said east right of way,North 00 degrees 07 minutes 36 seconds East for a distance of 2497.t 1 feet; THENCE continuing along the said east right of way, North 00 degrees 07 minutes 12 seconds East for a distance of 2612.21 feet; THENCE leaving the said east right of way, North 89 degrees 58 minutes 30 seconds East for a distance of 475.66 feet to the easterly line of the Arapaho Bend Natural Area as shown on the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly line the following nine(9) courses and distances, (1) South 34 degrees 23 minutes 59 seconds East for a distance of 1570.76 feet; (2) South 57 degrees 39 minutes 29 seconds East for a distance of 260.42 feet; (3) South 43 degrees 33 minutes 08 seconds East for a distance of 427.70 feet; (4) South 11 degrees 46 minutes 08 seconds East for a distance of 258.20 feet; (5) South 74 degrees 05 minutes 08 seconds East for a distance of 1.00 feet; (6) South 13 degrees 09 minutes 46 seconds East for a distance of 858.31 feet; Page 1 of 2 i (7) along a curve to the right having a radius of 5565.00 feet a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1027.88 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1026.42 feet; (8) South 02 degrees 34 minutes 45 seconds East for a distance of 555.00 feet; (9) South 25 degrees 07 minutes 20 seconds West for a distance of 178.10 feet (previously recorded as 178.06 feet) to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 633.04 feet to the east line of that certain tract of land as described in a Rule and Order Recorded December 14, 1999 at Reception No. 0099104658 records of the Clerk and Recorder of the said Latimer County; THENCE along the said east line and along the north and westerly lines of the said tract the following six (6) courses and distances, (1) North 00 degrees 27 minutes 09 seconds East for a distance of 167.06 feet; (2) South 85 degrees 06 minutes 33 seconds West for a distance of 468.98 feet; (3) South 00 degrees 30 minutes 07 seconds West for a distance of 398.23 feet; (4) South 63 degrees 30 minutes 52 seconds West for a distance of 220.89 feet; (5) South 00 degrees 30 minutes 06 seconds West for a distance of 142.93 feet; (6) South 46 degrees 09 minutes 19 seconds West for a distance of 61.07 feet to the said north right of way of East Harmony Road; THENCE along the said north right of way, North 89 degrees 32 minutes 52 seconds West for a distance of 882.34 feet to the point of beginning. Containing 195.280 acres more or less. 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