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HomeMy WebLinkAbout2009-017-02/17/2009-AUTHORIZING THE GRANT OF A REVOCABLE PERMIT ON CITY PROPERTY TO MR. LESLIE A. PETERSON RESOLUTION 2009-017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A REVOCABLE PERMIT ON CITY PROPERTY TO MR. LESLIE A. PETERSON WHEREAS,the City is the owner of a certain parcel of real property known as the Ahnstedt property (the "Property") located in Latimer County, Colorado, as identified on Exhibit "A", attached and incorporated herein by this reference; and WHEREAS, Leslie A. Peterson("Licensee") owns an adjacent parcel of vacant land which is landlocked and without a designated access route from any public or private road(the"Licensee's Property"); and WHEREAS,the City has notified Licensee about code violations pertaining to certain items and debris which are situated on Licensee's Property; and WHEREAS, the Licensee has agreed to remove the items and debris, as requested by the City's Code Enforcement Department; and WHEREAS, the Licensee has requested permission to cross the City's Property on a designated route as shown on Exhibit `B", attached and incorporated herein by reference (the "License Area"), for the purpose of gaining access to the Licensee's landlocked property; and WHEREAS, City staff has reviewed the Licensee's request to enter the Property, and believes that said access on the designated route will not interfere with or adversely affect the Property, based on current expectations; and WHEREAS, as a condition of the revocable License to Enter, the Licensee will be required to return the Property to its current condition to the extent reasonably possible; and WHEREAS, as a condition of granting the Licensee a revocable License to Enter, the Licensee will be required to complete the removal of debris and other items from the Licensee's Property and terminate the Licensee's access across the Property within 30 days after the License to Enter goes into effect; and WHEREAS, the City is waiving any fees to the Licensee for the revocable License to Enter because removal of the debris and other items from the Licensee's property, as requested by Code Enforcement, will be a significant benefit to the residents of the City by improving the appearance of the Licensee's Property from the Spring Creek Trail; and WHEREAS,Article XI,Section 10,of the City Charter authorizes the City Council to permit the use of occupation of any street, alley, or public place, provided that such permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. NOW, THEREFORE,'BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute such documents as are necessary to grant a revocable License to Enter to Leslie A. Peterson, consistent with the terms of this Resolution, along with such additional terns and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution, including,but not limited to, any necessary changes to the description of the License Area, as long as such changes do not materially increase the size or change the character of the License Area. Passed and adopted at a regular meeting of the Cou of the City of Fort Collins this 17th day of February A.D. 2009. 4�� Mayor ATTEST: Y� e City Clerk EXHIBIT A , PARCEL I, A TRACT OF LAHD SITUATE IN THE HE 114 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE fig WEST.OF THE 6TH P.M., COUNTY OF LARIHER, STATE OF COLORAGO, AND MORE PARTICULARLY DESCRIBED AS POLLOWS, CONSIDERING THE EAST LINE OF THE ME 1/4 OF SAID SECTION 28 AS BEARING NORTH AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, BEGINNING AT A POINT ON THE WEST LINE OF HHINSMANN'S SPRING CREEK SUB➢IVISION, A SUBDIVISION OF A PORTION OF THE HE 1/4 OF SAID SECTION 28, WHICH POINT BEARS S 88 DEGREES 41' W, 230.00 FEET AND AGAIN S 987.82 FEET FROM THE HE CORNEA OF SAID SECTION 281 THENCE N 89 DEGREES 10' W, 1123.10 FEET, THENCE SOUTH 382.76 FEET, THENCE N 83 DEGREES 34' E, 973.32 FEET, THENCE NORTH 130 FEET, THENCE N 88 DEGREES 34' E, 150 FEET, THENCE NORTH 2O8.28 FEET TO THE POINT OF BEGINNING.' PARCEL IIi - LOT 1S, HEINEMANN'S SPRING CHEM SUBDIVISION, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL III, TRACTS H AND I, HAMPSHIRE POND POD, CITY OF FORT COINS, LARIMSR COUNTY, COLORADO, EXHIBIT "B" Peterson Revocable Access Permit Location . Map RAMP HI rr2� 6 W DRAKE RD AF _. ........... RUM —', URS Propenj Fort Collins rtlCains w..vuwuu..u......:•swiA�u v � ra _ -_ City of FoR Collins Property HULLSL — -- CEISCH AVE. NI ``• I _HYLINE DR I I f ® Property Location N • •• •• Spring Creek Trail n ••••••� Proposed Path to Property N