HomeMy WebLinkAbout1983-163-10/04/1983-AUTHORIZING THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY AND JOSEPH C ROESSER, JR (WITHDRAWN FROM AG RESOLUTION 83-163
OF TrE 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 the4ity Manager
to negotiate an exchange of a portion of the Pine Ridge Open pace Area for
a portion of land adjacent theretoXc
ntly owned by Jo ph C Roesser,
Jr , ( "Roesser") , and
WHEREAS, pursuant to Resoluti -42, the staf of the City has
negotiated with Roesser for the excf said prope ty, and
WHEREAS, the property proposede transfe ed to Roesser consists
of approximately 17 acres (excludinpublic r ds) and is approximately
described as Parcel "A" on the Exhttache hereto (said Parcel shall
have, as its north boundary, that liedia ly to the south of the high
water line of that pond which is pa to ated upon the premises, which
property line is approximately 395 s uth of the north line of the
presently owned City property) , andWHEREAS, the Council of the CiFort Collins does hereby find that
the aforesaid property is not usedntended to be used for municipal
purposes nor secured for the purposeing used for municipal purposes,
and that it is for the best i me ests of the City that the same be ex-
changed to Roesser, subject to xisting easements, rights-of-way, reser-
vations and restrictions, in c sideration of the transfer by Roesser to
the City of approximately 26 cres of land more particularly described as
Parcel "B" on the Exhibit at ched hereto, and
WHEREAS, prior to a cution of an agreement for the conduct of said
exchange, Roesser shall ave provided to the City a legal and monumented
description of Parcel , and
WHEREAS, the Co ncil of the City of Fort Collins does hereby determine
that the exchange f the aforesaid land shall be accomplished by warranty
deed, free and c ear of all liens and encumbrances, and with appropriate
deed restrictio with closing to be held on or before December 20, 1983,
and
WHEREA it is further a condition of the exchange that prior to
closing o the exchange, Roesser shall have obtained final approval from
the Boar of Commissioners of Larimer County to develop a subdivision
upon t e property described as Parcel "A", and that in the event such
appro al shall not have been obtained on or before December 20, 1983, that
the xchange approved herein shall be null and void, and
WHEREAS, the aforesaid exchange shall further be conditioned upon the
restriction that neither Roesser nor his successors in interest shall erect
LOrLkdrawn frorn
agenda 10/44185
any structure which projects above the treeline (defined as that elevation
five feet [5'] below the average height of the five highest trees along and
immediately adjacent to the ridgeline and within a distance of 20 feet on
either side of any proposed structure) , nor shall any such structures be
constructed of materials other than natural or naturally blending ma-
terials, and, provided further that the conveyance of the City property to
Roesser shall be subject to (1) a landscape easement of thirty feet in
width along the westerly side of the established eastern property line,
wherein no structures may be erected and the natural , presently existing
landscape shall be preserved in perpetuity insofar as is reasonably pos-
sible, and (2) a scenic easement of one hundred feet in width along the
easterly side of the established western property line (east right-of-way
line for Centennial Road) , wherein no development other than driveways and
septic tanks may be erected and the natural landscape and terrain shall be
preserved in perpetuity insofar as is reasonably possible
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 suffi-
cient 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
4th day of October , A D 1983
Mayor
ATTEST
City Clerk
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