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HomeMy WebLinkAbout1983-133-08/02/1983-AUTHORIZING THE EXCHANGE OF REAL ESTATE BETWEEN THE CITY AND JOSEPH C ROESSER, JR (FAILED TO PASS 8/ RESOLUTION 83-133 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 S ty 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 Roesser, Jr , ("Roesser") , and WHEREAS, pursuant to Resolution 83-42, the staff of the City has negotiated with Roesser for the exchange of said proper y, and WHEREAS, the property proposed to be transfer d to Roesser consists of approximately 18 acres (excluding the public ro s) and is approximately described as Parcel "A" on the Exhibit attached ereto ( said Parcel shall have, as its north boundary, that line immediately to the south of the high water line of that pond which is partially located upon the premises, which property line is approximately 255 feet south of the north line of the presently owned City property), and WHEREAS, the Council of the City of ort Collins does hereby find that the aforesaid property is not used oy intended to be used for municipal purposes nor secured for the purpose f being used for municipal purposes, and that it is for the best inters of the City that the same be ex- changed to Roesser, subject to ex sting easements, rights-of-way, reser- vations and restrictions, in considerations of the transfer by Roesser to the City of approximately 26 ages of land more particularly described as Parcel "B" on the Exhibit attached hereto, and WHEREAS, prior to exedution of an agreement for the conduct of said exchange, Roesser shall jiave provided to the City a legal and monumented description of Parcel 7 , 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 c�"r 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 of the exchange, Roesser shall have obtained final approval from the Boar of Commissioners of Larimer County to develop a subdivision upon t property described as Parcel "A", and that in the event such approv 1 shall not have been obtained on or before December 20, 1983, that the change approved herein shall be null and void, and WHEREAS, the aforesaid exchange shall further be conditioned upon the striction that neither Roesser nor his successors in interest shall erect any structure which projects above the treeline (defined as that elevation five feet [5'] below the average height of the five highest trees along Failed +o f ass S/z/C3 and immediately adjacent to the ridgeline and within a distance of 20 feet on either side of any proposed structure) , nor shall any such struc- tures 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 thirty feet (30' ) in width along the westerly side of the established property line (ridgeline) , wherein the natural , presently existing landscape 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 2nd day of August, A D 1983 Mayor ATTEST City Clerk -2-