HomeMy WebLinkAbout092 - 09/07/2010 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY IN EXCHANGE FOR A PARCEL OF LAND ALONG THE ORDINANCE NO. 092, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY
PROPERTY IN EXCHANGE FOR A PARCEL OF LAND
ALONG THE SPRING CANYON DITCH OUTLET PIPE
WHEREAS, the City is the owner of Outlot D, McClelland's Creek, 2nd Filing (the "City
Property"), which property is part of the City's stormwater system; and
WHEREAS, McCreek, LLC (the "Developer") is the owner and developer of Outlot D,
McClelland's Creek, 5th Filing"(the "McCreek Property"); and
WHEREAS,the Spring Creek Ditch lies across the City Property and the McCreek Property;
and
WHEREAS, the City recently coordinated with the Developer to construct a pipe over the
Spring Creek Ditch (the "Outlet Pipe") to control flows and address overflow and seepage issues;
and
WHEREAS, construction of the Outlet Pipe resulted in the creation of a berm on the City
Property and McCreek Property; and
WHEREAS,the City would prefer to own and manage the entire berm area in order to ensure
that it is maintained in a manner acceptable to the City; and
WHEREAS, the City and the Developer have agreed to exchange strips of property, as
described and shown on Exhibit"A",attached and incorporated herein by this reference(the"Land
Exchange"),so that the boundary lines between the City Property and the McCreek Property follow
the edge of the berm and the Outlet Pipe will be located entirely on the City Property; and
WHEREAS, the City need not be compensated for the Land Exchange because the
Developer has contributed to the costs of constructing the Outlet Pipe and the City is acquiring more
land from the Developer than it is conveying to the Developer; and
WHEREAS,City staff has identified no negative impacts to the City resulting from the Land
Exchange; and
WHEREAS,Section 23-111(a)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 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; and
WHEREAS, Section 23-111(b) of the City Code requires that, with respect to real property
that is a part of the City's water or utility systems,the City Council also find 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 City Property
as part of the above-described Land Exchange will not impair the viability of the City's stormwater
system, will be for the benefit of the City's citizens and is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to carry out the conveyance of the City Property to McCreek, LLC 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, including, but not limited to, any necessary changes to the legal descriptions of the
property conveyed by or to the City, as long as such changes do not materially increase the size or
change the character of the City Property conveyed.
Introduced, considered favorably on first reading, and ordered published this 17th day of
August, A.D. 2010, and to be presented for final passage on the �?ayof September, A.D. 2010.
Mayor
ATTEST:
1
i
-City-Clerk
Passed and adopted on final reading on the 7th day of S to ber, A.D. 2010.
Mayor
ATTEST:
City Clerk
Exhibit"A"
Page l of 5
DESCRIPTION OF TWO TRACTS OF LAND TO BE DEEDED TO THE CITY OF
FORT COLLINS
Two Tracts of land located in the Northeast Quarter of Section 9
Township 6 North Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tracts are
also located in Outlot D of the plat of McClelland' s Creek PD & PLD
(Being the 5" Filing of Fossil Lake PUD) , a. plat of record with the
Clerk and Recorder of the said Larimer County, being more
particularly described as follows;
Considering the north line of the said northeast quarter of Section
9 as bearing South 88 degrees 11 minutes 39 seconds East between
the north quarter corner of Section 9 as shown on a Monument Record
by PLS 17497 and a 2.5" Aluminum Cap Monument at the northeast
corner of Section 9, based upon G.P.S. observations and the City of
Fort Collins coordinate system, and with all bearings contained
herein relative thereto;
Commencing at the northwest corner of the said Outlot D, the said
northwest corner is also the TRUE POINT OF BEGINNING of this
description;
THENCE along the northerly line of the said Outlot D, South 89
degrees 42 minutes 51 seconds East for a distance of 98 . 75 feet;
THENCE continuing along the said northerly line of Outlot D,
South 53 degrees 34 minutes 16 seconds East for a distance of 15. 79
feet;
THENCE leaving the said northerly line, North 7l degrees 53
minutes 34 seconds West for a distance of 8. 12 feet;
THENCE North 83 degrees . 48 minutes 08 seconds West for a
distance of 22.16 feet;
THENCE South 87 degrees 10 minutes 40 .seconds West for a
distance of 28 .93 feet;
THENCE South 83 degrees 43 minutes 11 seconds West for a
distance of 25. 08 feet;
THENCE North 86 degrees 04 minutes 34 seconds West for a
distance of 20. 57 feet;
THENCE South 7B degrees 44 minutes 27 seconds West for a
distance of 2. 64 feet to the easterly right of way of Rock Dove
Drive;
THENCE along the said easterly right of way, along a non-
tangent curve to the left having a radius of' 75. 50 feet a central
angle of 07 degrees 08 minutes 23 seconds, and an arc length of
9. 41 feet, being subtended by a chord of North 29 degrees 30
minutes 03 seconds West for a distance of 9._40 _feet._ to the_point.of . _ .
beginning. Containing 677 square feet more or less.
TOGETHER WITH:
With the above described basis of bearings;
Commencing at the said northwest corner of Outlot D;
Exhibit "A"
Page 2 of 5
THENCE along the northerly and northeasterly line of the said
Outlet D the following five (5) courses and distances, (1) South 89 i
degrees 42 minutes 51 seconds East for a distance of 98.75 feet;
(2) South 53 degrees 34 minutes 16 seconds East for a distance
of 97.43 feet;
(3) South 63 degrees 50 minutes 12 seconds East for a distance
of 56.23 feet;
(4) South 57 degrees 52 minutes 22 seconds East for a distance
of 67.94 feet;
(5) South 46 degrees 40 minutes 48 seconds East for a distance
of 41.23 feet to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said northeasterly line of Outlet
D the following five courses and distances, (1) South 46 degrees 40
minutes 48 seconds East for a distance of 48. 51 feet;
(2) South 40 degrees 55 minutes 30 seconds East for a distance
of 49.33 feet;
(3) South 32 degrees 49 minutes 14 seconds East for a distance
of 105.14 feet;
(4) South 36 degrees 59 minutes 30 seconds East for a' distance
of 90. 91 feet;
(5) South 47 degrees 14 minutes.47 seconds East for a distance
of 7.89 feet;
THENCE leaving the said northeasterly line, and along a line
which is 1.00 feet southeasterly of the southeasterly end of the
36" Spring Canyon Ditch Outlet Pipe, South 59 degrees 54 minutes 47
seconds West for a distance of 33.67 feet;
THENCE North 50 degrees 02 minutes 36 seconds West for a
distance of 20. 91 feet;
THENCE North 39 degrees 40 minutes 05 seconds West for a
distance of 24 .21 feet;
THENCE North 42 degrees 05 minutes 35 seconds West for a
distance of 39.30 feet;
THENCE North 27 degrees 11 minutes 26 seconds West for a
distance of 59. 55 feet;
THENCE North 27 degrees 10 minutes 15 seconds West for a
distance of 39. 17 feet;
THENCE North 24 degrees 52 minutes 00 seconds West for a
distance of 52.51 feet;
THENCE North 27 degrees 31 minutes 56 seconds West for a
distance of 51.87 feet;
THENCE North 32 degrees 12 minutes 38 seconds West for a
distance of 13.10 feet to the point of beginning. Containing 8, 638
square feet more or less.
The above described tracts contain a total of 9, 315 square feet
more or less., and are subject to all easements and rights of ways
now existing or of record.
I hereby state that the above description was prepare 10 s"land is
true and correct to the best of my professional kr � ' ief
o .... ..,
and opinion. ��QypePEoisrrgFo,sc0
y WALLACE C. MUSCOTT COLORADO P.L. S. 17997 97497
P.O. BOX 580 FORT COLLINS, CO 80522a *.
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Exhibit "A"
Page 3 of 5
DESCRIPTION OF A TRACT OF LAND TO BE DEEDED TO McCREEK, LLC
A Tract of land located in the Northeast Quarter of Section 9
Township 6 North Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Latimer County, Colorado, the said tract is
also located in Outlot D of the plat of McClelland' s Creek PD & PLD
Second Filing, a plat of record with the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the north line of the said northeast quarter of Section
9 as bearing South 88 degrees 11 minutes 39 seconds East between
the north quarter corner of Section 9 as shown on a Monument Record
by PLS 17497 and a 2. 5" Aluminum Cap Monument at the northeast
corner of Section 9, based upon G.P.S. observations and the City of
Fort Collins coordinate system, and with all bearings contained
herein relative thereto;
Commencing at the westerly most cornet of the said Outlot D.
McClelland's Creek PD & PLD Second Filing;
THENCE along the southwesterly line of the said Outlot D,
South 53 degrees 34 minutes 16 seconds East for a distance of 15.79
feet to the TRU.E_ POINT OF BEGINNING of this description;
THENCE leaving the said southwesterly line, South 71 degrees
53 minutes 34 seconds East for a distance of 19.25 feet;
THENCE South 61 degrees 18 minutes 39 seconds East for a
distance of 50.88 feet;
THENCE South 57 degrees 30 minutes 50 seconds East for a
distance of 50.44 feet;
THENCE South 37 degrees 34 minutes 43 seconds East for a
distance of 6. 90 feet;
THENCE South 56 degrees 05 minutes 34 seconds East for a
distance of 7. 65 feet;
THENCE South 58 degrees 12 minutes 08 seconds East for a
distance of 21. 05 feet;
THENCE South 54 degrees 53 minutes 46 seconds East for a
distance of 21.17 feet;
THENCE South 55 degrees 52 minutes 26 seconds East for a
distance of 21.87 feet;
THENCE South 50 degrees 00 minutes 20 seconds East for a
distance of 21.34 feet;
THENCE South 43 degrees 19 minutes 04 seconds East for a
distance of 20.86 feet;
THENCE South 32 degrees 12 minutes' '38 seconds East for a
distance of 7.18 feet to the said southwesterly line of Outlot D;
.THENCE along the said southwesterly line the following four
(4) courses and distances (1) North 46 degrees 40 minutes 48
seconds West for a distance of 41.23 feet;
Exhibit"A"
Page 4 of 5
(2) North 57 degrees 52 minutes 22 seconds West for a distance
of 67. 94 feet;
(3) North 63 degrees 50 minutes 12 seconds West for a distance
of 56. 23 feet;
(4) North 53 degrees 34 minutes 16 seconds West for a distance
of 81. 64 feet to the point of beginning. Containing 1, 635 square
feet more or less.
i
The above described tract is subject to all easements and rights of
ways now existing or of record. II{
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
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Exhibit"A"
Page 5 of 5
LOCATION SKETCH
McCLELLAND'S CREEK AREA
PORTION OF OUTLOT 0
McCLELLAND'S CREEK TO
BE DEEDED TO THE CITY
677 SQ.FT,
S!�✓TOP OF BERtif
_.: PORTION OF OUTLOT D
McCLELLAND'S CREEK SECOND
QO. TO BE DEEDED TO McCREEK LLC
1,635 SQ.FT.
oUnOT SCREW FlLIN6
LLILOT 2 li(c P oll
�p NE�) D
PJ9(617Y OW
.95"SPR/rYG aft.J?7rV
LOT 4 D//r//OUTLET P/PE
LOT 5
PORTION OF OUTLOT D
McCLELLAND'S CREEK TO
BE DEEDED TO THE CITY
5,638 SQ.FT.
/ COPPER SPRINS LOT 5 o
afmz-
LOT 7 DUnoTo \ \ GZc
,T1e�CLELlANDS CREEK '�
PD cP PLD
�a�cREtxac D�rvEo) \,
SE ENO OF
35"SPR/NG C.4/✓MW
PORT/ONS OF OUTLOT O O/TCH OUTLET P/PE
AlcCLELLANOS CREEK PD &- PLO 9'N.#.' a-PROPOSED
DEEDED TO LOTS 1f2,-;5 5,7 DEED L/Mv
PER R/200900275A5
PROPERT/ES RE&41N ENCZ1W927PE0
AS 4 4/Nr4CE EASZWA,7S
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
NTS MONUMENTED BOUNDARY SURVEY.
MARCH 26, 2010 K\SURV\PROJ\STORM\MCC\ASBUILT