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
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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
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