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HomeMy WebLinkAbout079 - 06/03/2014 - AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO CCF INVESTMENTS, LLC IN EXCHANGE FOR A NEW PARK SITE ORDINANCE NO. 07% 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CITY PROPERTY TO CCF INVESTMENTS, LLC IN EXCHANGE FOR A NEW PARK SITE WHEREAS, the City is the owner of a parcel of real property located in Latimer County, Colorado, as described on Exhibit A. attached and incorporated herein by reference (the "Property"); and WHEREAS, Country Club Farms, LLC ("CCF") conveyed the Property to the City in 2003 as the site for a future park within its Waterfield V.U.D. Second Filing development; and WHEREAS, CCF's'right to develop under the Waterfield Second plat has since expired, and the planned location of the new Vine Drive now goes through a portion of the Property; and WHEREAS, CCF Investments, LLC, ("CCFI"), the successor in interest to CCF, is working on a new subdivision plat, Waterfield Third Filing, a replat of a portion of Waterfield Second Filing and a portion of Waterfield First Filing, in order to move forward with the development; and WHEREAS, City staff worked with representatives from CCFI and Poudre School District to select an equivalent new park site and school site adjacent to each other; and WHEREAS, CCFI will dedicate the new park site to the City as part of the Waterfield Third plat; and WHEREAS, City staff is recommending that the Property be conveyed to CCFI as a straight exchange for the new park site; and WHEREAS, under Section 23-111(a) 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 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, because the Property is no longer appropriate as a park site due to the planned location of new Vine Drive, and because CCF Investments has agreed to convey a new park site to the City as part of its replat, the City Council hereby finds that the conveyance of the Property to CCF Investments under the terms listed above is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property to CCF Investments on terms and conditions consistent with 1 _ this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and 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 to be conveyed. Introduced, considered favorably on first reading, and ordered published this 20th day of May, A.D. 2014, and to be presented for final passage on the 3rd day of June, A.D. 2014. FORT C' M or ATTEST: •COLOR?' City Clerk Passed and adopted on final reading on the 3rd day of June, A.D. 2014. OF.FORT M yor ATTEST: �y,.•• . p Vet % tZ City Clerk 00, �ORADO. - 2 - EXHIBIT A That portion of the West Half of Section 5, Township 7 North, Range 68 West of the WE P.M., County of Latimer, State of Colorado described as follows. Considering the West line of the Southwest Quarter of said Section 5 as bearing North 00°25'55" East and with all bearings contained herein relative thereto. Beginning at the Southwest corner of said Section 5; thence along said West line of the Southwest Quarter North 00°25'55" East 1241.77 feet; thence South 89°34'05" East 56.00 feet to the True Point of Beginning; thence South 89°34'05" East 282.82 feet; thence South 36°12'35" East 73.53 feet; thence South 67°40'41" East 214.09 feet; thence South 31°02'24" East 402.12 feet; thence North 89°33'59" West 714.60 feet to the beginning of a non-tangent curve concave to the Northeast having a central angle of 11°29'12" and a radius of 1033.00, the chord of which bears North 05°18'41" West for 206.75 feet; thence Northerly along the arc of said curve 207.10 feet; thence tangent from said curve North 00°25'55" East 276.07 feet to the True Point of Beginning