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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/07/2003 - FIRST READING OF ORDINANCE NO. 137, 2003 AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 20 FORT COLLINS CITY COUNCIL DATE: October 7, 2003 - Steve Comstock SUBJECT: First Reading of Ordinance No. 137, 2003, Amending the Legal Description of the Jacoby Farm Property and Authorizing the Sale of the Additional Seven Acres of Land to Larimer County. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: There is no financial impact. The City will receive payment in the amount of$1,920,000 for the entire Jacoby Farm as approved by Ordinance No. 117, 2002. This seven acre parcel was appraised as part of the original $1,920,000 sale price. EXECUTIVE SUMMARY: On September 3, 2002 City Council adopted Ordinance No. 117, 2002 authorizing the sale of approximately 160 acres of the Jacoby Farm to Latimer County for the Open Lands Program. The sale is about to be finalized and it was discovered through a land survey that the legal description contained in the ordinance omitted a seven acre parcel. This Ordinance corrects the situation and authorizes the sale of the seven acres. Since the seven acres were included in the original appraisal of the Jacoby Farm, there is no additional compensation due to the City. The closing for both parcels is scheduled to take place before the end of 2003. BACKGROUND: In 1990, City Council authorized the purchase of land for a future wastewater treatment facility as recommended in the wastewater treatment master plan. The site is located approximately two miles east of I-25 on State Highway 392 along the Poudre River After purchasing the site, staff met with representatives of other entities interested in exploring the pros and cons of a regional wastewater treatment facility. A regional study on future wastewater treatment options was prepared in 1997. Based on the findings of the study, the decision was made not to pursue the option of a regional treatment facility. As a result, the Utility no longer had a use for the property and began exploring options to sell the land. During the past few years the City has been UCIOD DATE: er 7, ITEM NUMBER: approached by potential buyers for the Jacoby Farm property. The City Manager directed that this parcel be offered first to City Departments. The City Natural Resources Department indicated that they would like to purchase the Jacoby Farm parcel. After discussions with the County surrounding the best use of potential GOCO grant monies, the Natural Resources Advisory Board recommended that the property instead be made available to Latimer County to purchase as part of its Open Lands Program. When the property was surveyed, it was determined that the seven (7) acres had been described as a separate parcel and obtained by the City through a separate deed. While this parcel of property was appraised and included in the original sale agreement, the legal description included in Ordinance 117, 2002 for this small parcel was inadvertently excluded. This ordinance corrects the situation and authorizes the conveyance of the parcel to Latimer County. The closing for both parcels is expected in February of 2004. ORDINANCE NO. 137, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LEGAL DESCRIPTION OF THE JACOBY FARM PROPERTY AND AUTHORIZING THE SALE OF THE ADDITIONAL SEVEN ACRES OF LAND TO LARIMER COUNTY WHEREAS, in September 2002, the City Council adopted Ordinance No. 117, 2002, authorizing the sale of the Jacoby Farm property to Latimer County for its Open Lands Program;and WHEREAS, a survey has been completed of the Jacoby Farm property, and it has been determined that a seven-acre portion of the property lies to the west of the boundary of the quarter section described in Ordinance No. 117, 2002; and WHEREAS,City and County staff have conferred and confirmed that the conveyance of the seven acres,more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference (the "Parcel") was intended as part of the conveyance of Jacoby Farm; and WHEREAS, the appraised value of the Jacoby Farm land of $1,920,000, as noted in Ordinance No. 117, 2002, was based on the inclusion of the Parcel; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of real property owned by the City will not materially impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above described conveyance of the Parcel will not materially impair the viability of the City's wastewater utility as a whole, and that each will be for the benefit of the City's citizens, and in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance or commitment as are necessary to convey the Parcel to Latimer County,consistent with the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 2003, and to be presented for final passage on the 21st day of October, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of October, A.D. 2003. Mayor ATTEST: City Clerk EXHIBIT"A" A PARCEL OF LAND SITUATE IN THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SOUTH 1/2 OF SAID SECTION 14 AS BEING SOUTH 00`07'24" WEST,AND ALL BEARINGS CONTAINED HEREINRELATIVE THERETO;BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 14; THENCE ALONG THE EAST LINE OF SAID SECTION 14, SOUTH 00'07'24"WEST, 2027.39 FEET; THENCE DEPARTING SAID EAST LINE NORTH47'24'23"WEST; 146.11 FEET;THENCE NORTH02`44'35"WEST, 1930.31 FEET MORE OR LESS TO THE EAST-WEST 1/4 LINE OF SAID SECTION 14;THENCE ALONG SAID EAST-WEST 1/4 LINE NORTH 89'53'12"EAST,204.31 FEET MORE OR LESS TO THE POINT OF BEGINNING;SUBJECT TO A 30 FOOT ROAD RIGHT-OF-WAY ALONG THE WEST AND NORTH LINES OF SAID PARCEL, WITH ALL ITS APPURTENANCES,AND WARRANTS THE TITLE TO THE SAME,SUBJECT TO WITH ALL ITS APPURTENANCES,AND WARRANTS THE TITLE TO THE SAME,SUBJECT TO ALL EASEMENTS AND RIGHTS- OF-WAY OF WHATEVER CHARACTER OF RECORD OR NOW EXISTING ON SAID PREMISES, INCLUDING, BUT NOT LIMITED TO THOSE FOR DITCHES, CANALS, PIPELINES, RESERVOIRS, RAILROADS, ROADS, TELEPHONE LINES,UTILITIES,POWER LINES,OR ANY OTHER PURPOSE TO ALL MINERAL,OIL,GAS AND COAL RESERVATIONS,LEASES,AND ASSIGNMENTS OR RECORD,AND SUBJECT TO 1993 TAXES PAYABLE IN 1994. 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