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HomeMy WebLinkAbout027 - 03/03/2015 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO WARD AND ORDINANCE NO. 027, 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 WARD AND APRIL WHICKER 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 Ward and April Whicker (the "Whickers"); 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 Whickers were not aware of the encroachment, consisting of a fence and landscaping, as they did not have their property surveyed before constructing their fence, but they would like to purchase the encroachment area; and WHEREAS, the portion of the City Property that would be conveyed to the Whickers 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 consists of a well- constructed fence at the toe of a steep slope that makes an appropriate and convenient boundary between the City Property and the Whickers' property; and WHEREAS, the Whickers have agreed to pay a total of $3,917 for the Encroachment Parcel, consisting of$1,417 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 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 - 1 - 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 Ward and April Whicker 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. OF FO 0' Maki- ATTEST: 0 cl 1. City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. "A M or ATTEST: 0*FOR7 00 .. Z SEAL`N City Clerk •o �otoft 0 - 2 - EXHIBIT A DESCRIPTION OF PORTION OF TRACT C, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER OF LOT 9, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND 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 A PORTION OF TRACT Cl BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:: COMMENCING AT THE NORTHEAST CORNER OF LOT 10, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING AND CONSIDERING THE NORTHEAST LINE OF SAID LOT 10 TO BEAR S25042'18"E AS SHOWN ON SAID PLAT, MONUMENTED ON ITS NORTH END BY A NO. 4 REBAR WITH NO CAP AND ON ITS SOUTH END BY A NO. 4 REBAR WITH ILLEGIBLE PLASTIC CAP, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID LOT 10, S64017'42"W, A DISTANCE OF 5.59 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, S64°17'42"W, A DISTANCE OF 14.41 FEET TO THE SOUTHEAST CORNER OF LOT 9 OF SAID SUBDIVISION; THENCE N25042'18"W, A DISTANCE OF 90.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 9, N64017'42"E, A DISTANCE OF 17.08 FEET; THENCE S24000'22"E, A DISTANCE OF 90.04 FEET TO THE POINT OF BEGINNING. CONTAINING .1,417 SQUARE FEET (0.033 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 DES �r N AS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BESiP� SIONAL KNOWLEDGE, BELIEF, AND OPINION. o 6 n' r F . SS��NAL 1010' 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\Lot9-2" Flg Whickecdoc EXHIBIT A continued EXHIBIT OF PORTION OF TRACT .C, BURNS RANCH AT QUAIL . RIDGE SUBDIVISION, SECOND FILING OWNED BY THE CITY OF FORT COLLINS TO BE CONVEYED TO THE OWNER OF LOT 9, BURNS RANCH AT QUAIL RIDGE SUBDIVISION, SECOND FILING TRACT C N64'17'42"E tP 17.08' i LOT 8 3 � L p N54'17'42'E 00 POINT OF 5 O �� v. /'COMMENCEMENT IP LOT 9 00. a/ -Alp N� N S64'17'42"W �O� <T 14.41' o+m POINT OF N y BEGINNING o yc $N s 2 N LOT 10 JANUARY 22, 2015 �mnvmm 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. 38-51-102, IN THE EVENT OF �S' DISCREPANCIES BETWEEN THIS EXHIBIT AND O2 FOUND NO. 4 REBAR WITH ILLEGIBLE CAP v�L LA00�'J THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTNNED WITHIN THE 04 ATTACHED PROPERTY DESCRIPTION SHOULD FOUND N0. 4 REBAR NO CAP, BENT, LOCATED BASE BE RELIED UPON. Qi5 FOUND CUT CROSS IN SIDEWALK S.\Engineering\Departments\Survey\Projects\Natural Areas\PINE RIDGE\PINERIDGE NA C3D\Pineridge NA.dwg