HomeMy WebLinkAbout1983-080-04/19/1983-AUTHORIZING THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY AND JOSEPH C ROESSER, JR. RESOLUTION 83-80
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXCHANGE OF REAL ESTATE
BETWEEN THE CITY AND JOSEPH C ROESSER, JR
WHEREAS, by Resolution 83-42, the Council authorized the City Manager
to negotiate an exchange of a portion of the Pine Ridge Open Space Area
for a portion of land adjacent thereto presently owned by Joseph C Roes-
ser, Jr ( "Roesser") , and
WHEREAS, pursuant to Resolution 83-42, the staff of the City has
negotiated with Roesser for the exchange of said property, and
WHEREAS, the property proposed to be transferred to Roesser consists
of approximately twenty-three (23) acres (including the public roads which
constitute approximately six acres) and is approximately described as shown
on Exhibit "A" attached hereto, and
WHEREAS, the Council of the City of Fort Collins does hereby find that
the aforesaid property is not used or intended to be used for municipal
purposes nor secured for the purpose of being used for municipal purposes,
and that it is for the best interests of the City that the same be ex-
changed to Roesser, subject to existing easements, rights-of-way, reser-
vations and restrictions, in consideration of the transfer by Roesser to
the City of approximately 23 8 acres of land more particularly described on
Exhibit "B" attached hereto, and
WHEREAS, the Council of the City of Fort Collins does hereby determine
that the exchange of the aforesaid land shall be accomplished by warranty
deed, free and clear of all liens and encumbrances, with closing to be held
on or before October 19, 1983, provided, however, that in the event that
Roesser should not obtain, by the date of closing, the approval of the
Board of Commissioners of Larimer County of a subdivision plat or P U 0
for the property to be conveyed by the City, then the agreement, upon
receipt of notice from Roesser to that effect, shall be null and void,
and
WHEREAS, it is further a condition of said conveyance that the City
shall reserve unto itself a public access easement over and across the City
property in a location mutually acceptable to Roesser and the City for the
purpose of limited ingress and egress from Centennial Road to the City's
Pine Ridge Open Space Area, and
WHEREAS, the aforesaid exchange shall further be conditioned upon the
restriction that neither Roesser nor his successors in interest shall erect
any structure which projects above the treeline as visible from Overland
Trail , nor shall any such structures be constructed of materials other than
natural or naturally blending materials, and, provided further that the
conveyance of the City property to Roesser shall be subject to a landscape
easement of 30 feet in width along the westerly side of the established
property line (ridgeline) , wherein the natural , presently existing land-
scape shall be preserved in perpetuity insofar as is reasonably possible,
and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the City Manager be, and he hereby is, authorized to execute
a contract for exchange of real property between the City and Joseph C
Roesser, Jr upon the terms and conditions as recited hereinabove, and that
the Mayor be, and he hereby is, authorized to execute good and sufficient
deeds of conveyance, attested by the City Clerk, with the official seal of
the City affixed thereto for the purpose of accomplishing the exchange of
real estate between the City and Joseph C Roesser, Jr upon the terms and
conditions as recited hereinabove
Passed and adopted at a regular meeting of the City Council held this
19th day of April , A D 1983
a
ATTEST
City Clerk
-2-
182 13'
N 88° 48' 30" E
S 00° 05' E
1317 19'
RIDGELINE
336 47'
N 880 47' E
22 8 ACRES
S 75° 30' 00" W
71 37'
N N 350 16' 11" W S 000 03' 50" E
SCALE I"=300' 239 37' 1205 14'
N 310 37' 02" E
219 18'
N 850 00' 00" E
73 08'
RIDGELINE
S 880 47' IV
432 12'
EXI-FIG1 'r ` A "
'1 48'
N 88" 37' 58" E
N 160 52' 57" W 255 23'
° r " E 83-0?r
N 160 52' 57" lV 578 03' 1
R = 2905 0' 1
ARC = 243 31' c+ \
0
CHO N 200 33' 52" IV 243 24' y
a \1
N 1S° 18' 02" IV 113 31'
p
N 230 43' 32" W 195 93' RIDGELINE
\17 ACRES
N 280 14' 32" W 162 85'
N 310 19' 32" IV 177 60' C\OP.
N 190 55' 38" IV 211 51'
- N
a' SCALE I"=300'
9
N 260 35' 57" W 1035 69'
s
S 890 27' 53 ' IV
336 05'
E X H-if�r r ��