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Home My WebLink About006 - 02/16/2010 - AUTHORIZING THE CONVEYANCE OF A PORTION OF THE CITY-OWNED PROPERTY KNOWN AS GRAPE STREET TO 1908 N. ORDINANCE NO. 006, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF THE CITY-OWNED PROPERTY KNOWN AS GRAPE STREET TO 1908 N. COLLEGE, LLC WHEREAS, the City is the owner of real property known as Grape Street, which has historically been used as a public street but was never dedicated as right-of-way; and WHEREAS, 1908 N. College, LLC ("Developer") is constructing a project adjacent to Grape Street known as North College Marketplace (the "Project'); and WHEREAS, as part of the Project, the Developer wishes to acquire and place improvements on a portion of Grape Street containing 4,052 square feet, as described on Exhibit "A", attached and incorporated herein by this reference (the "Property"); and WHEREAS, conveyance of the Property to the Developer would eliminate the public access directly from North College Avenue onto Grape Street, but the Developer has agreed to provide public access to the remaining portion of Grape Street through the main access for the Project; and WHEREAS, the City will retain a utility easement on the Property and a public access easement over a portion of the Property; and WHEREAS, the Developer has agreed to pay the City $14,180 for the Property; and WHEREAS, as additional consideration for the property, the Developer will agree, through the Development Agreement for the Project, to be responsible for maintaining the remaining portion of Grape Street that will still be used as a public street; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any and all interests in real property owned by 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 Property to the Developer on terms and conditions consistent with this Ordinance 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 to the Developer on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including but not limited to any necessary changes to the legal description of the Property, as long as such changes do not materially increase the size or change the character of the Property. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2010, and to be presented for final passage on the 16th day of February, A.D. 2010. Mayo ATTEST: City Clerk Passed and adopted on final reading on the 16th day o eb ary, A.D. 2010. Mayor ATTEST: ' W City Clerk Exhibit PROPERTY DESCRIPTION Parcel of Land A parcel of land being a portion of that strip of land referred to as"Grape Street"and described in a Deed recorded June 12,1961 in Book 1143,Page 185 as Reception No.800076 of the Records of Larimer County, situate in the Southwest Quarter(SW I/4)of Section Thirty-six(36),Township Eight North(f.8N.),Range Sixty-nine West(R.69 W.),Sixth Principal Meridian(60 P.M.),City of Fort Collins,County of Larimer, State of Colorado,being more particularly described by Metes and Bounds on a Basis of Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92 as follows: COMT4ENCING at the Southwest Comer of said Section 36;as monumented by a 3"Brass Cap embedded in concrete and stamped"State Highway Departrnenf'and assuming the West line of the SW 114 of said Section 36,as monumented by a#6 Reber with a 3-1/4"Aluminum Cap stamped"W.C."and"Lund, LS34995"as a Point on Line 2350.49 feet Northerly of said Southwest Comer of Section 36,to bear North 00°41'23"East,being a grid bearing of the Colorado State Plane Coordinate System,North Zone,North American Datam 1993192,with all bearings herein relative thereto; THENCE North 00°41'23"East along the West line of the SWI/4 of said Section 36,a distance of 894.00 feet to the North Lire of that parcel described in said Book 1143,Page 185; THENCE South 89°23'30"East along the North line of that parcel described in said Book 1143,Page 185 a distance of 58.00 feet to the POINT OF BEGINNING; THENCE South 89°23'30"East continuing along the North line of that parcel described in said Book 1143, Page 185 a distance of 202.62 feet; THENCE South 00°41'23"West a distance of 20.00 feet to the South line of that parcel described in said Book 1143,Page 185; THENCE North 89°23'30"Wass along the South line of that parcel described in said Book 1143,Page 185 a distance of 202.62 feet to a line parallel with and 58.00 feet Easterly of,as measured at a right angle to the West line ofhe S W 1/4 of said Section 36; THENCE North 00°41'23"Bast along a line parallel with and 58.00 feet Easterly of,as measured at a right angle to the West line of the SW 1/4 of said Section 36 a distance of 20.00 feet to the North line of that parcel described in said Book 1143,Page 185 and to the POINT OF BEGINNING. Said parcel contains 4,052 square feet,more or less(±),and is subject to any rights of way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checddng,and that it is true and correct to the best of my knowledge and belief. Steven A.Lund—on behalf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#34995 EI NG SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 H:12DD824WROPERTY DESC&CLOSURESI WE STREFT M&B.J.doc Page I of 2 WITNESS PONT(P.O.L.) rn TO THE WEST LINE OF SW. 4 AY O f SECTION 38, LINE OF W. l.✓,pYNF' FOUND 3 i/4'ALUMNUM CAP on 60 rdHAR LS 34893 ^ O 9 O O gg 3 a 4J z �' o AZWAflZZr &8& �....II tT��++ &e/CGB,fYc 476 ROBERT RRbt [+ Cj 121.E/9Sf O FARC L 9&Xq.&VjS �3 O ,'�• m Rea YGt?30/8LH8 P O O N 0 3 cc) O PARCEL OF LAND �Q B 0 m r.. FMyJ (/U �'---- S8923'30"E 202,62' �++ a Z 4A52 sq.ft. .ri GRAPE STREET 900KI14%P.IG6lBS � F�1'yj F R6C NO.8GW)d N c ro N89'23'30"W 202.62' ROW N �7:p T7L4C1'A A'ORTHCOLL60EAi4Rvarm4C6 �m m O f`'z ^�m LINE TABLE \ .. 0.. n I LINE BEARING I LENGTH .P o NOr v-+ Co 0 o Z L1 S89'23'30'E 58 O ' rn 0 ,z t."rrt\O L2 SOO' 3° 20.00, . -n mQ o NN EASTWILL_OXLANE oo'41'23"E 70 00' �p X=C) S SOUTHWEST CORNER m 0 O SECTION 36, T ffl R.89W. NOTE: This exhibit drawing is not Intended to be c m m o co FOUND 3" BRASS CAP monumented land survey. It's sole purpose is as a ? IN CONCRETE - 'STATE graphic representation to old in the visualization of m HIGHWAY DEPARTMENT" Steven A. Lund - on behalf of King Surveyors, Inc, the written property description which It accompanies. ou Colorado Registered Professional The written r ert descr' tion su ersedes, the rn m POINT OF COMMENCEMENT Land Surveyor J34995 exhibit drawing y P