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HomeMy WebLinkAbout069 - 06/05/2007 - AUTHORIZING THE CONVEYANCE OF A PARCEL OF REAL PROPERTY AT NORTH COLLEGE AVENUE AND WILLOW STREET TO ORDINANCE NO. 069, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PARCEL OF REAL PROPERTY AT NORTH COLLEGE AVENUE AND WILLOW STREET TO THE ADJACENT PROPERTY OWNER WHEREAS, in 2003, the City constructed the North College Avenue Improvements Project (the "Project"); and WHEREAS, one of the primary goals of the Project was to limit the number of access drives on North College Avenue; and WHEREAS, as part of the Project, the City constructed a new public access road running north from Willow Street behind the properties located at 400 and 410 North College Avenue; and WHEREAS, during the Project City staff negotiated with several property owners to acquire all property interests required to construct the Project; and WHEREAS, during negotiations, the owner of the property located at 400 North College Avenue (the "Owner") agreed to give up his existing access drive on North College and use only the access from the new public access road; and WHEREAS, the City is the owner of a certain parcel of real property located at 112 Willow Street in Fort Collins, Colorado, known as the Northside Aztlan Community Center("NACC"); and WHEREAS, a strip of the NACC property containing approximately 3,974 square feet, as more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), now lies between the new access road and the eastern boundary of the Owner's property, and is not usable by the City for NACC purposes; and WHEREAS, the City and the Owner negotiated to exchange the Property for other interests in land needed for completion of the Project; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Property to the Owner, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Property described herein to the Owner upon the terms and conditions described above, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary ryand appropriate to protect the interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2007, and to be presented for final passage on the 5th day of June, A.D. 2007. May ATTEST: City Clerk Passed and adopted on final reading on the Sth June, A.D. 2007. Mayo ATTEST: City Clerk EXHIBIT "A" Page 1 of 3 PROPERTY THREE DESCRIPTION OF A TRACT OF LAND OWNED BY THE CITY OF FORT COLLINS TO BE DEEDED TO ADJACENT PROPERTY OWNER A Tract of land, located in the Northwest quarter of Section 12, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in that certain tract of land known as the Old Fort Site as shown on a Land Survey Plat completed by, Bradford Smith PLS, on May 21, 1978,being more particularly described as follows; Considering the west line of the said northwest quarter of Section 12 as bearing North 00 degrees 23 minutes 57 seconds East between a found 3" brass cap monument at the west quarter corner of the said Section 12 and a found 3 1/4" brass cap monument, at the northwest corner of the said Section 12, based upon G.P.S. observation; Commencing at the said northwest corner of Section 12; THENCE along the west line of the said northwest quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1245.53 feet; THENCE South 89 degrees 36 minutes 03 seconds East for a distance of 40.00 feet to the northwest corner of that certain tract of land described in a Warranty Deed recorded December 8, 1983 and recorded in Book 2249 at Page 0969 records of the Clerk and Recorder of the said Larimer County; THENCE along the west line of the said tract described in Book 2249 at Page 0969, South 00 degrees 23 minutes 57 seconds West for a distance of 60 .16 feet; THENCE continuing along the said west line, South 06 degrees 40 minutes 36 seconds West for a distance of 100. 60 feet to the south line of the said tract; THENCE along the said south line, South 89 degrees 36 minutes 03 seconds East for a distance of 32 . B9 feet to the intersection of the north Right of Way of 'Willow Street as shown on the said survey of the Old Fort Site and to the TRUE POINT OF BEGINNING of this - description; THENCE continuing along the said south line, South 89 degrees 36 minutes 03 seconds East for a distance of 138.11 feet to the east line of the said tract, being the center of the alley vacated in ordinance No. 13 of 1948; THENCE along the centerline of the vacated alley, North 00 degrees 23 minutes 57 seconds East for a distance of 100.00 feet to the north line of the said vacated alley; THENCE along the said north line, North 89 degrees 36 minutes 03 seconds West for a distance of 10.00 feet to the east line of the said tract described in Book 2249 at Page 0969; THENCE along the said east line, North 00 degrees 23 minutes 57 seconds East for a distance of 60.16 feet to the northeast corner of the said tract described in Book 2249 at Page 0969; THENCE along the easterly prolongation of the north line of the said tract, South 89 degrees 36 minutes 03 seconds East for a distance of 20.14 feet; THENCE leaving the said easterly prolongation, South 00 degrees EXHIBIT °Aa Page 2 of 3 45 minutes 19 seconds East for a distance of 190 .24 feet to the said north Right of Way of Willow Street; THENCE along the said north Right of Way, along a non-tangent curve to the left having a radius of 400.00 feet a central angle of 22 degrees 20 minutes 47 seconds and an arc length of 156 . 01 feet, being subtended by a chord of North 78 degrees 25 minutes 39 seconds West for a distance of 155. 02 feet to the point of beginning. Containing 3974 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 EXHIBIT "A" Page 3 if 3 FNWORNER LOCATION SKETCHN 2-7-69 CITY PARCEL TO BE DEEDED TO ADJACENT PROPERTY OWNER Lo NTS Lo N MARCH 26, 2004 I i� ih N 0 0 In S89'36'03"E y S89'36'03"E 20.14' 40.00' z � � w olom w w I LL n O zr, N In N C; 0 0 v~i In 11J oo ro BUILDING z 3 m W z _I (u J � N8936'03"W O z 10.00' U w � ma / d OI F ci Q 0 PARCEL TO BE o (y j DEEDED U) O w 3974 SQ.FT. w z n io � cMv d 0 0 Z Z S89'36'03"E 138.11' S89'36'03"E \ ' 32.89' R\ R=400.00' THIS SKETCH AND THE AREAS POB CHD-N78'25'39"W-155.02' SHOWN DEPICT THE ATTACHED ARC=156.01'PROWILLOW S T. AND DO O REPRESENT N ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. U.\S7WPR WALL NCOLLEGE GARNER.DWG