HomeMy WebLinkAbout022 - 03/03/2015 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO THOMAS A ORDINANCE NO. 022, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY
AT PINERIDGE NATURAL AREA TO THOMAS AND SANDRA GERRARD
WHEREAS, the City is the owner of a parcel of land located in southwest Fort Collins
known as Pineridge Natural Area (the "City Property"); and
WHEREAS, in 2011 the Natural Areas Department developed the Natural Areas
Encroachment Policy, which defines what constitutes an encroachment on a natural area and how
violations will be monitored and enforced; and
WHEREAS, in 2013 Natural Areas rangers discovered several significant encroachments
onto the City Property by residents in the Quail Ridge Subdivision including Thomas and Sandra
Gerrard (the "Gerrards"); and
WHEREAS, City staff met with the encroaching property owners and gave them the
option of removing the encroachments or purchasing the portion of the City Property affected by
the encroachments; and
WHEREAS, the Gerrards were aware of the encroachment, consisting of mature
landscaping, as it existed when they purchased their property, and they would like to purchase
the encroachment area; and
WHEREAS, the portion of the City Property that would be conveyed to the.Gerrards is
shown and described on Exhibit "A", attached hereto and incorporated herein by reference (the
"Encroachment Parcel"); and
WHEREAS, City staff would not normally consider or recommend conveying away
Natural Areas property to resolve encroachments, but the Encroachment Parcel is an awkward
strip of land between several parcels of private property and a street and is burdened by an
irrigation pipe running across it; therefore Natural Areas prefers not to own and maintain that
portion of the City Property; and
WHEREAS, the Gerrards have agreed to pay a total of $3,315 for the Encroachment
Parcel, consisting of$815 for the value of the property as determined by Real Estate Services, a
$1,000 administrative fee for processing the transaction, and a $1,500 survey fee; and
WHEREAS; the City would reserve from the conveyance of the Encroachment Parcel
any utility, drainage, irrigation or other easements needed to accommodate existing City
facilities; and
WHEREAS, the Land Conservation and Stewardship Board voted unanimously to
recommend that the City Council sell the Encroachment Parcel to resolve the encroachment
issue; and
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WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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.
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
Encroachment Parcel to Thomas and Sandra Gerrard as provided herein 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 Encroachment Parcel 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 Encroachment Parcel, as long as such changes do not materially increase the size or
change the character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 17th day of
February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015.
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May6rJ
ATTEST:
City Clerk t .,
Passed and adopted on final reading on this 3rd day of March, A.D. 2015.
Mayo
/ATTEST: �.. T ....
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City Clerk
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EXHIBIT A
DESCRIPTION OF PORTION OF TRACT B, BURNS RANCH AT QUAIL RIDGE
SUBDIVISION, FIRST FILING OWNED BY THE CITY OF FORT COLLINS
TO BE CONVEYED TO THE OWNER OF LOT 11, BURNS RANCH AT QUAIL
RIDGE SUBDIVISION, FIRST FILING
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M,; CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT
PORTION OF TRACT B, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST
FILING LYING NORTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, BURNS RANCH AT QUAIL
RIDGE SUBDIVISION, FIRST FILING, AND CONSIDERING THE WEST LINE OF
TRACT B OF SAID SUBDIVISION TO BEAR S21054'03"E AS SHOWN ON SAID
PLAT, MONUMENTED ON ITS NORTH END BY A NO. 4 REBAR WITH PLASTIC
CAP STAMPED LS 14823, AND ON ITS SOUTH END BY A NO. 4 REBAR WITH NO
CAP, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 11,
N59008'56"E, A DISTANCE OF 68.51 FEET TO A POINT ON THE EAST LINE OF
SAID TRACT B, SAID POINT BEING THE POINT OF TERMINUS.
CONTAINING 3,258 SQUARE FEET (0.075 ACRES), MORE OR LESS, AND BEING
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT
NOW EXIST ON THE GROUND.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND
IS TRUE AND CORRECT TO THE BEST pp OFESSIONAL KNOWLEDGE,
BELIEF, AND OPINION. p tiF ... "6
'by EN �p.,FA
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S�nNAL tpta05J
JOHN STEVEN VON NIEDA, COLORADO . 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS
P.O. BOX 580, FORT COLLINS, CO 80522
S:\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\LEGALS\Lot11 Gerrard.doc
EXHIBIT A continued
EXHIBIT OF
PORTION OF TRACT B, BURNS RANCH AT QUAIL RIDGE SUBDIVISION,
FIRST FILING OWNED BY THE CITY OF FORT COLLINS
TO BE CONVEYED TO THE OWNER OF LOT 11 ,
BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING
3 88'33'03"W 8 .11' 3
P771
ORTION OF.- TRACT F
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TRACT B. p01N OF
3,258 S.6 .r 3 TERMINUS
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LOT 11 w, 68� 3 TRACT G
POINT OF
BEGINNING A N
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JANUARY 22, 2015 91
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THIS EXHIBIT'S SOLE INTENT IS TO
GRAPHICALLY REPRESENT AND AUGMENT
THE ATTACHED PROPERTY DESCRIPTION. IT '
DOES NOT REPRESENT A MONUMENTED
LAND SURVEY AS DEFINED IN C.R.S. 03 FOUND NO. 4 REBAR WITH BLUE PLASTIC CAP, LS 14823
38-51-102. IN THE EVENT OF
DISCREPANCIES BETWEEN THIS EXHIBIT AND 04 FOUND NO. 4 REBAR NO CAP, BENT, LOCATED BASE
THE ATTACHED PROPERTY DESCRIPTION,
THE INFORMATION CONTAINED WITHIN THE 05 FOUND CUT CROSS IN SIDEWALK
ATTACHED PROPERTY DESCRIPTION SHOULD
BE RELIED UPON. (m) MEASURED
(r) RECORD
S:\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\PINERIDGE NA C3D\Pineridge NA.dwg