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HomeMy WebLinkAbout020 - 03/20/2012 - AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO PS POUDRE RIVER, LLC ORDINANCE NO. 020, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO PS POUDRE RIVER, LLC WHEREAS, in 2005 the City constructed the Oxbow Levee (the "Levee") on the Cache la Poudre River to reduce flooding risk and damage to a section of the City north and east of the river; and ` WHEREAS,the City has been pursuing inclusion of the Levee into the United States Army Corps of Engineers (USACE) levee maintenance program; and WHEREAS, as part of its review of the Levee, the USACE has determined that the City should acquire an access and maintenance easement for the benefit of the Levee from the adjacent property owner, PS Poudre River, LLC (PSPR); and WHEREAS, when approached by City staff about granting the necessary easement to the City, PSPR was concerned about reducing the developable portion of its property; and WHEREAS, to address this concern, PSPR has asked the City to convey to it a .224 acre parcel of City-owned land that is also adjacent to PSPR's land, and in exchange PSPR would grant the access and maintenance easement to the City and pay the City $2,500; and WHEREAS, the land that PSPR would like the City to convey_to it is described on Exhibit "A", attached and incorporated herein by reference (the "Property"); and WHEREAS, the City purchased the Property in 2004 as part of a larger parcel used to construct the Levee; and WHEREAS,the Property is currently vacant land and is no longer needed for flood control purposes; and WHEREAS, PSPR has agreed that it would take title to the Property subject to a deed restriction limiting the use of the Property to natural landscape or trail uses only; and WHEREAS, at its regular meeting on January 20, 2011, the City's Water Board voted to recommend that the City Council authorize the conveyance of the Property to PSPR; 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 interest of the City and,with respect to real property which is a part of the City's water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City.. 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 conveyance of the Property as provided herein is in the best interest of the City,will not materially impair the viability of the City's stormwater system as a whole, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property to PSPR on terms consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are 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 to be conveyed, 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 6th day of March, A.D. 2012, and to be presented for final passage on the 20th day of March, A.D. 2012. �0F fORI r, •. Ma or ATTEST: AL :N i Interim City Clerk OR Passed and adopted on final reading on the 20th day of March, A.D. 2012. of fORrc ATTEST: SEAL• . cn O<Og�A00 Interim City Clerk Exhibit "A" Page 1 of 2 NORTHERN frawoness: za.Snr ti;. PHUM: n AxUN.S'oIT ttIr: F M:I t r F F Ld G �s."N a.C l':..]15J ner� a r�nn EXHIBrr A tract of land being a portion of the North west Qua iter of Section 12,Township 7 North Range 6911'est of the 6th Principal Meridian,City of Fort:Collins,County of Larimer,.State of Colorado being more particularly described as follows:. Considering the Southeasterly right-of-way line of Linden Street as bearing North 41'19'11"East,and_with all bearings contained herein relativethereto: BEGROENG at a point on the.southeasterly right wayline of Linden Street which beau North 41°19'1 l"East(recorded as North 4l"10'00"East),498:16 feet:frnm the most Northerly corner of B161&1,6tyof Fort Callius;thence along the.westerly property line of a tract of land described at Reception No_2005-0017087,South 34059'48"East;70:5 Feet;thence,South 30*4S'38"East 107.74 feet;thence,.South 19025*07"Ease 52.84 feet;thence departing said westerly property line,North 29Q10'1 1"West;2622 feet:thence,Noitli 47`01'43"West;69.49 feet-,thence,North 65044'l6"West, 128.66 iet to a point on said southeasterly right-of-way line.of Linden Street;thence along said southeasterly.line,North 41019'11 East,.102:56 ket to the Point of Bemn�_ The above:described tract contains 9,759 square feet or.UN acres'more or less and is subject to.aI it>Pnr�l easr and rights-of-way now on record or e�dsting. September 19,2010 Livis S_lSm,my JobsL24-0014De-aaVt;®sN22a-OO1.Lot Exbibit Descnpriam 9-19=10:doc EXHIBIT "A" Page 2 of 2 A TRACT OF LAND BEING A PORTION OF FRANGE HE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH, EST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. 4? CO A PROPERTY LINE J POINT OF EiE{iINNIN© (R)-Ft--Cp7DE0 BEARING 1N REC.82 —&W 17C67 �an �� a 'v OVMER- gyp{ ;o 3�} 'f1� T'i 5 «�' ;•' �' P:POUCRE RIVER.LLC REC.R we-m170a7 ,g 11 j. ��`�'+o+T d�41 '9 y r PROPERTY LINE J � REC_K2005-0077W7 �2j zand.. OVMER' CIF(OF FCRT COLLINS EXI T1Nc LEVEE TOE OF SLOPE t PROPERTY PROPERTY ' I LINE LINE PROPOSED 1S W1DE ` I MAINTENANCEAND 1 AOCESS ROAD O f G� O T'C1 ANORTH 1 1 sa a Sa iDo isafeei I NORTHERN IN FEET ENGINEERING 1 inch = 59 fi.