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HomeMy WebLinkAbout1993-142-09/21/1993-KIMBEL STUART NATURAL AREAS OVERLAND HILLS WEST PUD PURCHASE 63 ACRES RESOLUTION 93-142 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASE OF SIXTY THREE ACRES OF LAND FOR PUBLIC NATURAL AREAS WHEREAS, one of the objectives of the Natural Areas Policy Plan as adopted by the City Council is to establish a system of publicly owned natural areas to protect the integrity of critical conservation sites, protect corridors between natural areas, preserve outstanding examples of Fort Collins' diverse natural heritage and provide a broad range of opportunities for educational , interpretive, and recreational programs to meet community needs; and WHEREAS, in the November 1992 General Election, the citizens of the City of Fort Collins approved a one-quarter cent sales tax for the purpose of acquisition and maintenance of natural areas; and WHEREAS, the City Council has heretofore appropriated funds from the one- quarter cent sales tax in the Capital Projects Fund for the purpose of acquisition and maintenance of natural areas; and WHEREAS, the Parks and Recreation Master Plan as adopted by the City Council delineates a future trail corridor in the southwestern part of the City at a location where certain lands have become available to the City for acquisition; and WHEREAS, Kimbel J. Stuart has entered into a contingent purchase and sale agreement with the City whereby the City may acquire approximately 63 acres of land in the southwest portion of the City for public natural area purposes, which land is located adjacent to and east of the City's existing Pine Ridge Open Space and which is known as the "Overland Hills West P.U.D." (more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference) ; and WHEREAS, pursuant to the aforesaid purchase and sale agreement, the City is in a position to acquire said property for the cash sum of Five Hundred Four Thousand Seven Hundred Thirty Dollars ($504,730), with the closing to occur on or before October 15, 1993; and WHEREAS, sufficient funds are available and appropriated in the Capital Projects Fund for the acquisition of said property and to properly maintain said property following acquisition; and WHEREAS, the Council has determined that the purchase price of said property is fair and reasonable, and that the purchase of the property is in the best interests of the citizens of the City; and WHEREAS, on September 15, 1993 the Natural Resources Advisory Board and the Parks and Recreation Board recommended to the Council that the acquisition of said property be completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager and Mayor be, and hereby are, authorized to execute such documents as are necessary to fully perform the City's obligations under that certain purchase and sale agreement with Kimbel J. Stuart, dated June 24, 1993, to acquire approximately sixty-three (63) acres of land in the southwest portion of Fort Collins which is more particularly described on Exhibit "A, " attached hereto and incorporated herein by this reference, for the cash purchase price of Five Hundred Four Thousand Seven Hundred Thirty Dollars ($504,730) . Section 2. That the property described on Exhibit "A," while owned by the City, shall be used solely as a public natural area. Section 3. That in the event the City Council subsequently determines that it is in the best interests of the City to sell or otherwise dispose of all or any portion of said property, the proceeds of such sale shall be dedicated to the acquisition or maintenance of other public natural areas. Passed and adopted at a regular meeting of the Council of e City of Fort Collins held this 21st day of September, A.D. 1993. ayor ATTEST: e City Clerk Exhibit "A" LEGAL DESCRIPTION OF OVERLAND HILLS WEST A tract of land situate in the North}_of the Northwest } of Section 33.` .Township 7 North, Range 69 West of the Sixth P.M. , City of Fort Collins, County -of Larimer, State of Coloradov which considering the North. line of the said Northwest i' as bearing N 89" 17' 13" E and. with all bearings contained herein relative thereto is contained within the boundary lines. which begin at the Northwest corner of said Section 33 and run thence N 89° 17' 13" E 1800.89 feet to a point on the boundary line of Overland Hills, Second Filing; thence along the said boundary line. S 16° 30' E 134.57 feet. and again N 73°• 30' E 120.00 feet and again along the arc of a 15.00 foot radius curve .to the right a distance of 24.17 feet, . the long chord of which bears N 29° 39' 40" E 21.64 feet and again along the arc of a 1025.00 foot radius curve to the right a distance of 137.82 feet, the long chord of which bears N 790 40' 26" E 137.72 feet and again S 10° 21 ' 21" E 196. 40 feet and again S 00° 45' W 115.00 feet and again S 05° 15' W 275.00 feet and again S 01° 09" E 72.24 feet; thence S. 88° 44' 27" W 81. 62 feet; thence S 04° 22' 10". E395.72 feet; thence N 88° 38' 27" E 25.24 feet to a point on the boundary line of Overland Hills, First Filing; thence along the said boundary line, S 100 31 ' 45" W 225.28 feet to a point on the South line of the said North s: thence S 89° 17' 14" W 2052.40 feet along the said South Tine to the -Southwest corner of the North of the Northwest } of said Section 33; thence N 00' 04' 35" E 1325, 54 feet to the point of beginning, containing 63.0913 acres more or less.