The URL can be used to link to this page

Home My WebLink About121 - 09/20/2011 - AUTHORIZING THE CONVEYANCE OF A PORTION OF A TRACT OF STORM WATER UTILITY PROPERTY TO KEVIN P. CAFFR ORDINANCE NO. 121, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF A TRACT OF STORMWATER UTILITY PROPERTY TO KEVIN P. CAFFREY AND JULIA J. CAFFREY WHEREAS, the City is the owner of Tract E, Clarendon Hills Fifth Filing,,located along Burns Tributary; and WHEREAS, Tract E was dedicated to the City for storm drainage, flood plain management, and Department of Parks and Recreation use with the final plat of Clarendon Hills Fifth Filing in 1992; and WHEREAS, the City changed Fossil Creek Trail's location to Shields Street and Parks and Recreation has no further need for any portion of Tract E; and WHEREAS, the City still uses the majority of Tract E for storm drainage and flood plain management; and WHEREAS, City staff has identified two triangular areas totaling 547 square feet ("Remnant Parcels") that are no longer needed because these areas are outside the erosion buffer and the City's floodway; and WHEREAS, Kevin P. Caffrey and Julia J. Caffrey (I'Caffreys") have requested that the City convey the Remnant Parcels to them for use with their adjacent residential lot; and WHEREAS, City staff has not identified any negative impacts to the City resulting from the conveyance of the Remnant parcels described herein; and WHEREAS, although the statutory provisions establishing the disposition of dedicated rights-of-way upon vacation do not apply in this instance, the proposed conveyance is consistent with the principle embodied in that statute of returning the dedicated land to the parcel from which it was dedicated; and WHEREAS, due to the small area of the Remnant Parcels, the value of the land is nominal, and the Caffreys have agreed to compensate the City $1,000 for the Remnant Parcels; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by a City Utility, provided the Council first finds by ordinance that such sale or other disposition will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens and 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 Remnant Parcels to the Caffreys as provided herein will not materially impair the viability of the affected utility system as a whole and will be for the benefit of the citizens of the City and is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Remnant Parcels to Kevin'P. Caffrey and Julia J. Caffrey, 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 are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Remnant Property, as long as such changes do not materially increase the size or change the character of the Remnant Property. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 2011, and to be presented for final passage on the 20th day of September, A.D. 2011. a c. V. P CO Mayor ATTEST: v.r •°<<2 City Clerk cOCORA00 Passed and adopted on final reading on the 20th day of September, A.D. 2011. SORT C 71�cI� O�.•,......,,0<�� yor ATTEST: :• •2U, U. S- JAL Chief Deputy City Clerk COLORP�O EXHIBIT "A" DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY TO BE DEEDED TO CAFFREY Two Tracts of land located in the West half of Section 2, Township 6 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Tracts are also a portion of Tract "E"of Clarendon Hills Fifth Filing, a plat of record with the Clerk and Recorder of the said Laruner County, being more particularly described as follows; Considering the Northeasterly line of Lot 3 of Clarendon Hills Fifth Filing First Replat as bearing North 48 degrees 08 minutes 56 seconds West from a found PLS 12374 plastic cap on no.4 rebar at the Southeasterly end and PLS 12374 plastic cap on no.4 rebar at the Northwesterly end of said line, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southeasterly end of the northeasterly line of Lot 3; THENCE along the northeasterly line of said Lot 3,North 48 degrees 08 minutes 56 second West for a distance of 47.15 feet to the TRUE POINT OF BEGINNING of this description of Tract 1; THENCE along the boundary line of Lot 3 South 46 degrees 40 minutes 40 seconds West for a distance of 52.07 feet; THENCE continuing along the said boundary line of Lot 3, North 62 degrees 43 minutes 23 seconds West for a distance of 38.27 feet to a point where the City of Fort Collins EROSION BUFFER LIMIT intersects the said boundary line of lot 3; THENCE leaving the said boundary line and along the said EROSION BUFFER LIMIT along a curve to the left non-tangent from the previous line having a radius of 57.67 feet a central angle of 35 degrees 21 minutes 31 seconds and an arc length of 35.59 feet, being subtended by a chord of South 88 degrees 08 minutes 37 seconds East for a distance of 35.03 feet; THENCE continuing along said EROSION BUFFER LIMIT along a non-tangent curve to the left having a radius of 170.56 feet a central angle of 14 degrees 01 minutes 20 seconds and an arc length of 41.74 feet,being subtended by a chord of North 62 degrees 20 minutes 58 seconds East for a distance of 41.64 feet to the point of beginning of Tract 1. Containing 481 square feet more or less. TOGETHER WITH: With the above described basis of bearing; Commencing at the said southeasterly end of the northeasterly line of Lot 3; THENCE along the easterly boundary line of said Lot 3 South 20 degrees 25 minutes 00 seconds West for a distance of 17.59 feet to the TRUE POINT OF BEGINNING of this description of Tract 2; THENCE continuing along the easterly boundary line of said Lot 3, South 20 degrees 25 minutes 00 seconds West for a distance of 25.93 feet; THENCE continuing along the said easterly boundary line of Lot 3, South 35 degrees 20 minutes 03 seconds East for a distance of 8.89 feet to a point where the said EROSION BUFFER LIMIT intersects the said easterly boundary line of Lot 3; Pagel of 3 EXHIBIT "A" THENCE leaving the said easterly bounday line of Lot 3 and along the said EROSION BUFFER LIMT North 02 degrees 15 minutes 36 seconds West for a distance of 11.24 feet; THENCE continuing along said EROSION BUFFER LIMIT North 12 degrees 03 minutes 50 seconds East for a distance of 20.78 feet to the point of beginning of Tract 2. Containing 66 square feet more or less. The above described Tracts contain a total of 547 square feet more or less and are subject to all easements and rights of way 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. ROBERT W. HINTZ COLORADO P.L.S. 38260 P.O. BOX 580 FORT COLLINS, CO. 80522 Pp0 L-1 o,z 38280 N; 1 Page 2 of.3 LOCATION SKETCH � x CAF- F- REY PROPERTYCD CO. 0 TRACT E CLAREND❑N HILLS FIFTH FILING R=170,56 L=41,74 ti F� Tan=20,98 D=14°01'20' Vj - Basis of Bearing N62°20158'E TP❑B L=3 .59 R= 5 Ch=41.64 Tract 1 59 Tan=18,38 D=35°21'31' w 4�- S88°08'37'E EROSION BUFFER LIMITS p% Ch=35,03 h Tract 1 S o A� ,Qv AF TP❑B a coTract 2 N 0 0 C 01� ruru by O � o� 0 4 4 Cu LOT 3 z p CLAREND❑N HILLS FIFTH FILING �� 4 SCALE 1"=10' FIRST REPLAT Tract 2 August 12, 2011 66 sq.ft. THIS SKETCH AND THE AREAS NO2`15'36'W 11,24' S35°20'03'E 8,89' M SHOWN DEPICT THE ATTACHED S35'34'40'E R PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. R= RECORD MEASURMENT M= FOUND TO MEASURE