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HomeMy WebLinkAbout031 - 02/06/2018 - AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MICHAEL ORDINANCE NO. 031, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY-OWNED PROPERTY AT PINERIDGE NATURAL AREA TO MICHAEL AND MARY PAT MCCURDIE WHEREAS, the City is the owner of a parcel of land located in southwest Fort llins kno as Pineridge Natural Area (the "City Property"); and EREAS, Michael and Mary Pat McCurdie own a parcel of land in the uail Ridge subdivision d'acent to the City Property; and WHERE S, in 2011 the Natural Areas Department developed he Natural Areas Encroachment Poli which defines what constitutes an encroachment on natural area and how violations will be mo 'tored and enforced; and WHEREAS, in 20 Natural Areas rangers discovered sev al significant encroachments onto the City Property by res ents in the Quail Ridge subdivisio including the McCurdies; and WHEREAS, City staff me ith the encroaching pro rty owners and gave them the option of removing the encroachments or chasing the portio of the City Property affected by the encroachments; and WHEREAS, the McCurdies electe not ' pursue a purchase of the area they were encroaching on because their encroachment w asy to remove, and Natural Areas staff advised them that staff could not support a sale when e croachment was easy to remove; and WHEREAS, on March 3, 2015, t e City Co it adopted Ordinance Nos. 022, 023, 024, 025, 026 and 027, 2015, authorizing t conveyance of rtions of the City Property to several of the McCurdies' neighbors to resolve ncroachment issues; nd WHEREAS,because of ese conveyances,the east pro rty line of the parcel to the north of the McCurdie's property ow extends approximately fifteen eet further out into the City property than the McCurdi s east property line; and WHEREAS, i my 2017 the McCurdies submitted a petition to t City asking to acquire 606 square feet of t e City Property in order to even out the east boundary 'ne of their property relative to the bo dary line of their neighbors; and WH AS, the portion of the City Property that would be conveyed to the cCurdies is shown an described on Exhibit "A", attached.hereto and incorporated herein by re rence (the "Bound Parcel"); and WHEREAS, if the conveyance'is approved, the McCurdies would be required to pa the ty $1,500 to cover administrative costs associated with processing the transaction, $1,000 POSTPONED INDEFINITELY ON FIRST READING 2/6/18 t ich they have already paid,pay their surveyor to complete and record a survey, and pay the C' $6 for the value of the land conveyed; and EREAS, the Land Conservation and Stewardship Board voted at its regula meeting on Janu 10, 2018, to recommend that the City Council not sell the Boundary Parce , and WHE AS,the value to the City of the transaction would be receiving re' bursement for the property con yed, which could be spent on other Natural Areas projects, us compensation for the City's admi 'strative costs, with minimal impact to the City Property- and WHEREAS, Se ion 23-111(a) of the City Code authorizes e City Council to sell, convey, or otherwise disp e of any and all interests in real propert owned in the name of the City, provided that the City uncil first finds, by ordinance, that ch sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE I RDAINED BY THE OUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Coun `I hereb makes and adopts the determinations and findings contained in the recitals set forth abo e. Section 2. That the City Council ere finds that the conveyance of the Boundary Parcel to the McCurdies as provided herei s in the st interests of the City. Section 3. That the Mayo is hereby authors ed to execute such documents as are necessary to convey the Boundary P rcel on terms and con ' ions consistent with this Ordinance, together with such additional to s and conditions as the Cit anager, in consultation with the City Attorney, determines ar necessary or appropriate to p tect the interests of the City, including,but not limited to, y necessary changes to the legal desc ' tion of the Boundary Parcel, as long as such changes d of materially increase the size or change e character of the property interest to be conveyed. Introduced, onsidered favorably on first reading, and ordered publ hed this 6th day of February,A.D. 2 8,and to be presented for final passage on the 20th day of Fe uary,A.D. 2018. Mayor ATT T: c City Clerk POSTPONED INDEFINITELY ON FIRST READING 2/6/18 Passed and adopted on final reading on the 20th day of February, A.D. 2018. I Mayor \TTEST. City Clerk " POSTPONED INDEFINITELY ON FIRST READING 2/6/18