HomeMy WebLinkAbout097 - 09/18/2012 - AUTHORIZING THE CONVEYANCE OF A PORTION OF A TRACT OF STORM WATER UTILITY PROPERTY TO COBY S. HUGHEY ORDINANCE NO. 097, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF
A TRACT OF STORMWATER UTILITY PROPERTY
TO COBY S. HUGHEY AND LINDA C. HUGHEY
WHEREAS, the City is the owner of Tract A, Pheasant Ridge Estates ("Tract A"); and
WHEREAS, Tract A was dedicated to the City in 1992 on the plat of Pheasant Ridge
Estates as a storm drainage and utility tract for a detention basin; and
WHEREAS, after the dedication of Tract A, the developer certified to the City that
required storm water detention volumes could be met without the use of the westernmost portion
of Tract A, as described on Exhibit "A", attached and incorporated herein by reference (the
"Property"); and
WHEREAS, when the City took over the maintenance of Tract A from the developer,
City staff and the homeowner adjacent to the Property assumed that Tract A ended at a row of
trees, where the elevation climbs by approximately six feet, and that the Property was not part of
Tract A; and
WHEREAS, for this reason, the Property has historically been maintained by the owners
of the adjacent property, and not by the City; and
WHEREAS, since the area's detention volumes are met in the existing detention basin,
the City does not have a need for the Property; and
WHEREAS, Coby S. Hughey and Linda C. Hughey ("Hugheys"), the new owners of the
adjacent residential property, have requested that the City convey the Property to them for
landscaping purposes; and
WHEREAS, City staff has not identified any negative impacts to the City or the
Stormwater Utility system resulting from the conveyance of the Property; and
WHEREAS, although the statutory provisions that provide for 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 previously
dedicated land to the adjacent parcel from which it was originally dedicated; and
WHEREAS, the Property would be conveyed to the Hugheys with a deed restriction that
the property will be non-developable, which minimizes the value of the property, and the
Hugheys have agreed to pay the City $6,750 for the Property; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of 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; and
WHEREAS, with respect to real property that is part of the City's utility system, Section
23-111(b) of the City Code requires that the City Council must 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 conveyance of the Property to the Hugheys as provided herein
will not materially impair the viability of the affected utility system as a whole, 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 Property to Coby S. Hughey and Linda C. Hughey, 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 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 4th day of
September, A.D. 2012, and to be presence - Anal passage on the 18th day of September, A.D.
2012. of FORT CO`
< )
SEAL :N [ r/
a or
ATTEST: /
CO�ORPd�
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
pF�.t�K/L!J
Mayor
ATTEST: FORT C
AA ,
U. SE
City Clerk
•cOLORPa�
EXHIBIT "A"
LAND EXHIBIT MAP
FOR LOT 16 AND A PORTION OF TRACT A, PHEASANT RIDGE ESTATES TO THE
CITY OF FORT COLUNS, COUNTY OF LARIMER, STATE OF COLORADO.
SHEET 1 OF 2
PROPOM DESCRIPTOR:
That portion of Tract A of the Plat of Pheasant Ridge Estates to the City of Fort Collins, situate in the
Southeast Quarter of Section 36, Township 8 North, Range 69 West of the 6th P.M., LaKmer County, Colorado
being more particularly descrbed as follows:
Considering the record bearing on the South line of Lots 15 and 16 of said Pheasant Ridge Estates as
bearing North 75'30'00" East and with all bearings contained herein relative thereto;
Beginning at the Southwest comer of Lot 16 of Pheasant Ridge Estates, said point being the TRUE POINT OF
BEGINNING; thence along the South line of said Lot 16 North 75'30'00" East 150.05 feet, more or less, to
the Southeast comer of said Lot 16; thence South 0PDO'00" West 111.44 feel, more or less, to the South
line of Tract A of Pheasant Ridge Estates; thence along the South line of said Tract A South 74'00'08" West
101.70 feet; thence North 54'53'27" West 60.02 feet, more or less, to a paint on the West line.of Pheasant
Ridge Estates; thence along said West line North 00'22'30" West 91.47 feet to the Southwest comer o1 Lot
16 of Pheasant Ridge Estates and the TRUE POINT OF BEGINNING.
The above described parcel contains 0.44 acres, more or less, and is subject to all existing easements
and/or rights of way of record.
GENERAL NOTES
1. Property Description of the parcel fumished to Intermill Land Surveying, Inc. by the client. This survey was
prepared without the benefit of a Title Policy or Title Commitment.
2. No further easement and/or right of way research, other than shown on this Improvement Location
Certificate, was requested by the client or performed by Intemiill Land Surveying, Inc. for this Improvement
Location Certificate.
3. BASIS OF BEARINGS STATEMENT: Basis of Bearings far this survey are based on the record bearing of
North 75'30'00" East on the-Sauth line of Lot 16, Plat of Pheasant Ridge Estates,,Fort Collins, Colorado.
Note: Monumentation of said line as shown an Map.
3. Boundary Monumentotion as shown an Map. All Bearings and/or distances are measured unless otherwise
noted.
(r): Indicates record bearing and/or distance from the Final Plat of Pheasant Ridge Estates
(c): Indicates calculated bearing and/or distance. May Indicate a field measured bearing and/or
distance based on field survey and interpretation of existing plats and/or maps.
LAND EXHIBIT CERTIFICATE-.
I, Steven John StencelI a duly Registered Professional Land Surveyor in the State of Colorado, do hereby
certify that this Land Exhibit Plat and the survey on which it is based upon was performed by me or under
my direct supervision and that this plat is an accurate delineation of said survey and all information shown is
correct to the best of my own knowledge. Date of completion of field work for this survey. July 13, 2011.
Prepared By and On Behalf Of:
INTERMILL LAND SURVEYING, INC.
1301 North Cleveland Avenue
Loveland, Colorado 80537
(970) 669-0516
Steven John Stencel
Colorado PLS 30462
a
7`
i
a
,
PREPARED FOR: PROPERTY ADDRESS: PROJECT NO.:
Coby Hughey 1700 Ali Road P-11-7012
1700 Westview Road Ft. Collins, CO 80524 Drawn By. SJS l
FL Collins, CO 80524
xemrd'vg b G"redo lean you mart eamma„ea-1 lId aeL'm Meld a We(wry -� exec ysam after
.ay a,y acsm Mace oan a,y dot«I 'n wa away be can note m n man rm yams Iran iM date ad«rurwwnMa�cere:eno went
i
EXHIBIT "A"
LAND EXHIBIT MAP
FOR LOT 16 AND A PORTION OF TRACY A. PHEASANT RIDGE ESTATES TO THE
CITY OF FORT COLLINS. COUNTY OF LARIMER. STATE OF COLORADO.
SHEET 2 OF 2
CURVE DATA WESTVIEW ROAD
Delta=4514'45" sam"s;z'o>"(d Paved Public Right Of Wa
R=44.04' R"a4.00' 9 Y
L=35.54' L.MW TFound 'X' in
Si
C8=S56.41'38"E ae"96H'aYE / 1 Sidewalk (5.0' offset
34.59' 0a'� (r) LOT 17,F69eA,c�,At S R true comer)
SDGE ESTATES
NORTH
I 1�0 P
op �e'Wait,EvnemenJ
WEST � � FAsr I 1 • �M1:a�4 k�+E, DJ�,
j �h6ry, SEF,soum CV
I a
.s
so m I � L;OTIB,FH.T.A^o NT
SCALE : 1" = 60' 10' uwy E..unant m WOE ESTATES
Prepared On: May 17. 2012 1 LOT 16, op a
fib$ Found 1/2' rebor
Z I PHEASANT _ (length unknown)
o —1 RIDGE ESTATES
Found 1/2" rebor (length p _ O with no cap or
unknown) with a 1" by p N markings.
diameter orange plastic cap 2
marked "LS 7839" _ WO 9'ur,Ety E-.—t� a��E
Found 1/2" rebor (length { .. E ynp Found "LS 7839",
unknown)with a 1 MSsa 0"E�15005�
diameter orange plastic cap �gbp0 :r
marked "LS 7839"
PREPARED FOR: -MAOTA,
Coby Hughey a j SUBJECT NHSASANT RIDGE
1700 Westview Road 3 ESTATES
Ft. Collins, GO 80,924 N m e PROPERTY o
W 0.44t Acres
700 WTY ADDRESS: A'2
1 W4•W0i
700 estview Rood ' mea' /
FL Collins, CO 80524 Set 1/2" rebor 0
(16" long) wit 1" N
diameter red
Set 1/2" rebor (16" long) N$4ax. plastic cap marked sez,e'a0w
with 1" diameter red plastic R$ •'i "LS 30452" 11.20' '
cap marked "LS 30462" 6� `32j T�0 se1.15 w
r-v h' STaoO'OB a Ov' ,at,a5tr1� /15•cr%
PROPERTY DESCRIPTION: j
SEE SHEET 1 OF 2 FOR
PROPERTY DESCRIPTION
Found 1/2" rebor (length Found 1/2" rebor (length
PROJECT NO.: unknown) with a 1" unknown) with a 1"
P-11-7012 diameter orange plastic cap diameter orange plastic cap
Drawn By: SJS marked IS 7639" marked 'LS 7839•
GENERAL NOTES:
1. Property Description of the parcel furnished to Intermill Land Surveying. Inc. by the client. This survey was
prepared without the benefit of a Title Polity or Title Commitment.
2. No further easement and/or right of way research• other than shown an this Improvement Location
Certificate, was requested by the client or performed by Intermill Land Surveying, Inc. for this Improvement
Location Certificate.
3. BASIS OF BEARINGS STATEMENT: Basis of Bearings for this survey are based on the record bearing of
North 7530'00" East on the South line of Lot 16. Plat of Pheasant Ridge Estates, Fort Collins, Colorado.
Note: Monumentation of said line as shown on Map.
3. Boundary measured
news of otherwise
shown on Map. All Bearings and/or distances
are measured unless otherwise noted.
(r): Indicates record bearing and/or distance from the Final Plot of 5
Pheasant Ridge Estates
(c): Indicates calculated bearing and/or distance. May indicate a field aq
measured bearing and/or distance based on field survey and interpretation of
existing plats and/or maps.
Aeeercem b Calemeo la+you must comment aW keel ocean te.ea an this wrvey ton anrce year,aen you cleaver.von he. N n. wnt g
r nro acorn nm.e ,man any aapct w a.. a,.e1.by w annae mwv umn tan ywn ken One W. r eersnemmn .no.n nerea.. a i