Loading...
HomeMy WebLinkAbout024 - 03/03/2015 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MARK AND ORDINANCE NO. 024, 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 MARK AND LESLIE HAYNAM 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 Mark and Leslie Haynam (the "Haynams"); 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 Haynams were not aware of the encroachment, consisting of mature landscaping, as they are the original owners of their property and had relied on their builder and landscaper to lay out their yard and fencing twenty years ago; and WHEREAS, the Haynams have also been maintaining another strip of City-owned land adjacent to them, as they thought no one was maintaining it, and they would like,to purchase all the land they have been maintaining; and WHEREAS, the portion of the City Property that would be conveyed to the Haynams 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 a small, awkward piece of property bordered by two parcels of private property and a street and is burdened by an irrigation pipeline running across it; therefore Natural Areas prefers not to own and maintain that portion of the City Property; and WHEREAS, the Haynams have agreed to pay a total of $4,236 for the Encroachment Parcel, consisting of$1,736 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 - 1 - 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 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 Mark and Leslie Haynam 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 resented for final passage on the 3rd day of March, A.D. 2015. G\�t O F FORT Mayor ATTEST: n: ;'C-2 l D City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. ,o;.......,,.<�� MiVyor ATTEST: City Clerk OR - 2 - EXHIBIT A DESCRIPTION OF PORTION OF TRACT A, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER OF LOT 2, 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 A, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING LYING NORTH AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING, AND CONSIDERING THE EAST LINE OF SAID LOT 2 TO BEAR S24033'42"E AS SHOWN ON SAID PLAT, MONUMENTED ON BOTH ENDS BY A NO. 4 REBAR WITH AN ILLEGIBLE PLASTIC CAP, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE N02031'49"E, A DISTANCE OF 71.01 FEET; THENCE N27047'09"W, A DISTANCE OF 7.62 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING, SAID POINT BEING THE POINT OF TERMINUS. CONTAINING 6,945 SQUARE FEET (0.159 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 D TION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE B�•GOP.!M OFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. 6f O'iitN J. 3 9 a:0: rr �3c�, �° L LP, ' JOHN STEVEN VON NIEDA, COLORADO P.L.S. 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\ Lot2 Haynam.doc EXHIBIT A continued EXHIBIT OF PORTION OF TRACT A, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER OF LOT 2, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, FIRST FILING CO 0 5 LOT 1 M R L�13.0 1.90' ... .'.......::::::. :'.:i.':.'. k (' ,9 ChB=SChL— 02"W J.fPORTION F-:.�:. ChL=21.90' rr:: TRACT A\ ::...:. / 6945 S.F.. .,.,_.,.\ ,. :.' ::::::: POINT OF NBB'13'15"E 79.27' .., ERMINUS 1 N27'47'09"W 6' UTIL ESMT. �!' .:' 'V 7.62' %'::. UTIL. ESMT. LOT 2 N2'31'49"E �P \ 71.01' Zp N\ PORTION OF 2 TRACT A POINT OF BEGINNING LOT 3 �nr �,,� JANUARY 22, 2015 ��DO R G N' 1"=50' F ....F .. . T/. THIS EXHIBIT'S SOLE INTENT IS TO L ° :pp 31�0. . " GRAPHICALLY REPRESENT AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT .� Z9- ZO% 'J0 DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF 'VAL LAB DISCREPANCIES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE �2 FOUND NO. 4 REBAR WITH ILLEGIBLE CAP ATTACHED PROPERTY DESCRIPTION SHOULD BE RELIED UPON. (g)5 FOUND CUT CROSS IN SIDEWALK S.\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\PINERIDGE NA C3D\Pineridge NA.dwg