HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2001 - FIRST READING OF ORDINANCE NO. 129, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 22
FORT COLLINS CITY COUNCIL DATE: August 21, 2001FROM:
Frank Bruno
SUBJECT:
First Reading of Ordinance No. 129, 2001, Authorizing an Amendment to the Long-term Lease
of Property at the Fort Collins-Loveland Municipal Airport to Cole Smith, dba Signal
Construction, for the Construction of Aircraft Hangars.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
City Council adopted Ordinance No. 56, 2001, on Second Reading on May 6, 2001, authorizing
the long-term lease of property to Cole Smith for the construction of two aircraft hangars. Since
that lease agreement was entered into, the parties discovered that the legal description of the
lipleased premises as described in Exhibit A of the agreement is in error.
The survey firm that was contracted to provide the original legal descriptions used an FAA-
approved Airport Layout Plan to calculate the boundaries. Because the plan used in developing
the legal descriptions did not have existing buildings accurately located, it resulted in an
incorrect legal description. This amendment rectifies that situation with a corrected Exhibit A.
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ORDINANCE NO. 129, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDMENT TO THE LONG-TERM LEASE OF
PROPERTY AT THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
WITH COLE SMITH, DBA SIGNAL CONSTRUCTION,
FOR THE CONSTRUCTION OF AIRCRAFT HANGARS
WHEREAS, the City Council adopted Ordinance No. 56, 2001, authorizing the long-term
lease of property at the Fort Collins-Loveland Municipal Airport to Cole Smith, DBA Signal
Construction, for the construction of two aircraft hangars; and
WHEREAS,on May 1,2001,the Cities of Fort Collins and Loveland entered into the Lease
Agreement with Cole Smith as authorized by said Ordinance; and
WHEREAS, it has been discovered by the parties that the legal description of the Leased
Premises as described in Exhibit"A" of said Lease Agreement is in error based upon an incorrect
legal description provided by a surveyor; and
WHEREAS, the parties to the said Lease Agreement desire to correct the legal description
of the Leased Premises by amending said Lease Agreement with a corrected Exhibit"A".
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO that the Mayor is hereby authorized to enter into an amendment to the
above-described Lease Agreement between the Cities of Fort Collins and Loveland, Colorado and
Cole Smith, dba Signal Construction, dated May 1, 2001, in order to correct the legal descriptions
of the Leased Premises so as to read as shown on Exhibit "A", the text of which amendment is on
file with the City Clerk of the City of Fort Collins, Colorado.
Introduced and considered favorably on first reading and ordered published this 21 st day of
August, A.D. 2001, and to be presented for final passage on the 4th day of September, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of September, A.D. 2001.
Mayor
ATTEST:
City Clerk
AMENDMENT #1 TO LEASE AGREEMENT
This Amendment #1 is made and entered into this _ day of September, 2001, by and
between the City of Loveland, Colorado, a municipal corporation, and the City of Fort Collins,
Colorado, a municipal corporation, hereinafter called "Cities," and Cole Smith, dba Signal
Construction, hereinafter called "Lessee."
WHEREAS, the Cities and the Lessee have entered into a lease agreement (hereinafter
referred to as the"Lease Agreement") dated May 1,2001 for the lease of two parcels of land at the
Fort Collins-Loveland Municipal Airport (hereinafter referred to as the "Leased Premises"); and
WHEREAS, the parties have discovered an error in the legal description of the Leased
Premises as described in Exhibit A of the Lease Agreement which they desire to correct;
NOW, THEREFORE, in consideration of the premises and of the rents, covenants and
conditions herein contained and set forth in the Lease Agreement,the parties do hereby agree to the
following:
1. The description and designation of the Leased Premises set forth at Exhibit A of the Lease
Agreement is hereby amended to be as set forth in the attached Exhibit A which is incorporated
herein by this reference.
2. All other terms and conditions of the Lease Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the day and
year first above written.
CITY OF LOVELAND, COLORADO CITY OF FORT COLLINS, COLORADO
Mayor Mayor
ATTEST: ATTEST:
Loveland City Clerk Fort Collins City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Loveland Assistant City Attorney Fort Collins Assistant City Attorney
LESSEE:
Cole Smith, dba Signal Construction
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Pr000sed Hangar Site Description: H
A tract of land located in the Northeast 1/4 of Section 33, Township 6 North, Range 68
West, of the 6th P.M., Lorimer County, Colorado more particularly described as follows: b
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Considering the East line of the Northeast 1/4 of Section 33, Township 6 North, Range
68 West, of the 6th P.M., Lorimer County, Colorado as bearing S 00'31'31" E and with t.
all bearings contained herein relative thereto. 0
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COMMENCE at the Northeast corner of Section 33, Township 6 North, Range 68 West, of
the 6th P.M., Lorimer County, Colorado; thence run S 00'31'31" E along the East line of
the Northeast 1/4 of said Section 33 for a distance of 1004.20 feet; thence leaving said
East line run S 89'28'29" W for a distance of 833.02 feet to the POINT Or BEGINNING;
thence run S 69'54'06" W for a distance of 48.00 feet; thence run N 20'09'29" W for a
distance of 240.00 feet; thence run N 69'54'06" E for a distance of 48.00 feet; thence
run S 20009'29" E for a distance of 240.00 feet to the Point of Beginning.
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Containing 11,520 square feet more or less.
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NOTICE: According to Colorado law you must commence W
any legal action nosed upon any defect in this survey N
within three years after you first discover such defect. M
In no event, may any action based upon any defect in
this survey be commenced more than ten years from
the dale of the certification shown hereon.
(/ Date R e v i s i o n s Field Survey Prepared for: Project#: 98011.023a
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Drown by 1528 North Lincoln Avenue - Suite 2
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page 2 of 2 Scale Loveland, Colorado 80538
Date 1-19-01 1 7-25-01 revise distances to POB 1Scale (970) 669-2100 — FAX (970) 669-3725
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Proposed Hangar Site Description: H
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A tract of land located in the Northeast 1/4 .of Section 33, Township 6 North, Range 68
West, of the 6th P.M., Lorimer County, Colorado more particularly described as follows:
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Considering the East line of the Northeast 1/4 of Section 33, Township 6 North, Range �
68 West, of the 6th P.M., Lorimer County, Colorado as bearing S 00'31'31" E and with
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all bearings contained herein relative thereto. W
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COMMENCE at the Northeast corner of Section 33. Township 6 North, Range 68 West, of t"'
the 6th P.M., Lorimer County, Colorado; thence run S 00'31'31" E along the East line of p
the Northeast 1/4 of said Section 33 for a distance of 622.06 feet; thence leaving said `
East line run S 89'28'29" W for a distance of 822.05 feet to the POINT OF BEGINNING;
thence run S 69'53'11" W for a distance of 68.20 feet; thence run N 19'58'39" W for a p
distance of 122.20 feet; thence run N 69'53'11" E for a distance of 68.20 feet; thence
run S 19'58'39" E for a distance of 122.20 feet to the Point of Beginning. m
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Containing 8,334 square feet more or less.
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NDIICF According to Colorado low you must commence
any legal action based upon any defect in this survey (ptp
within three years after you first discover such defect. (D
In no event• may any action based upon any defect in
this survey be commenced more than ten years from
the dole of the certification shown hereon.
(/ Date R e v i s i o n s Field Survey Prepared for: Project#: 98011.023b
n a
Portn Coh'ef Fort Collins—Loveland Municipal Airport
Computed by
JRM Frederick Land Surveying Inc.
Drawn by y g'
1528 North Lincoln Avenue — Suite 2
page 1 of 2 JRM Loveland. Colorado 80538
Dote 1-19-01 1 7-25-01 revise description Sol —2100 — FAX (970) 669-3725
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Party Chief Fort Collins—Loveland Municipal Airport
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Computed by
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Drown by 1528 North Lincoln Avenue - Suite 2
page 2 of 2 JRM Loveland, Colorado 80538
Date 1-19-01 S
1 7-25-01 revise distances to POB "=cale 1100' (970) 669-2100 - FAX 970� ) 669-3725