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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/20/2004 - SECOND READING OF ORDINANCE NO. 007, 2004 AUTHORIZ ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: January20, 2004 FORT COLLINS CITY COUNCIL STAFF: Mark Sears/ Patricia Dennis SUBJECT Second Reading of Ordinance No. 007, 2004, Authorizing the Exchange of a City Property for a Parcel of Land Adjacent to Kingfisher Natural Area and Appropriating the Value of the Partial Donation of the Property to Be Acquired. RECOMMENDATION Staff and the Natural Resources Advisory Board recommend adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 007, 2004, which was adopted 6-0 (Councilmember Bertschy was absent) on First Reading on January 6, 2004, authorizes a land exchange with William C. and Maureen D. Stockover. ORDINANCE NO. 007, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXCHANGE OF A CITY PROPERTY FOR A PARCEL OF LAND ADJACENT TO KINGFISHER NATURAL AREA AND APPROPRIATING THE VALUE OF THE PARTIAL DONATION OF THE PROPERTY TO BE ACQUIRED WHEREAS, the owner, William C. and Maureen D. Stockover (the "Stockovers") own property legally described as a 2.468 acre tract of land located in the Northeast 1/4 of Section 18, Township 7 North, Range 68 West of the 6th P.M.. County of Latimer, State of Colorado, more specifically described on Exhibit "A" attached hereto and incorporated herein by this reference ("Parcel A"); and WHEREAS, the City owns a 0.621 acre parcel approximately 60' wide adjacent to and west of the Stockover property more specifically described on Exhibit `B" attached hereto and incorporated herein by this reference ("Parcel B") the value of which has been determined by City staff to be $121,730; and WHEREAS, as part of a proposed exchange of these properties,the Stockovers have agreed to also convey to the City a permanent access easement across Parcel B, after Parcel B has been conveyed to them, and across an additional 1,230 square foot ("SF") portion of the Stockover's adjacent property more particularly described on Exhibit"C"attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, the fair market value of Parcel A has been determined by City staff to be $3.00/SF or $322,518 for the 2.468 acre tract, and the 1,230 SF portion of the Easement Area has been valued at $1,845 for a total value of property to be conveyed to the City of$324,363; and WHEREAS,staff has determined that the property from the Stockovers will be of significant importance to the people of Fort Collins and the State of Colorado and will enhance Kingfisher Natural Area; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens, and will be in the best interests of the City; and WHEREAS, Article V, Section 9 of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year does not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the donated value of the exchanged property,as described herein,will not cause the total amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, it is the desire of the Council to authorize the conveyance of Parcel B to the Stockovers in exchange for the Stockovers' conveyance of Parcel A and the easement across the Easement Area to the City, and to appropriate the value of the partial donation of Parcel A in the Natural Areas Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the above-described exchange and conveyance of Parcel B will be for the benefit of the City's citizens and is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such deeds and other documents of conveyance as may be necessary to carry out the terms of the above-described exchange. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in the Natural Areas Fund the sum of Two Hundred Thousand Dollars ($200,000) for Natural Areas Fund purposes. Introduced, considered favorably on first reading, and ordered published this 6th day of January, A.D. 2004, and presented for final passage on the 20th day o uary, A.D. 3PO4. a or ATTEST: 4A,,,Ll�n A�L L'A a City Clerk , Passed and adopted on final reading this 20th day of January, A.D. 2004, Mayor ATTEST: City Clerk ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: January 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Mark Sears/ Patricia Dennis SUBJECT First Reading of Ordinance No. 007,2004,Authorizing the Exchange of a City Property for a Parcel of Land Adjacent to Kingfisher Natural Area and Appropriating the Value of the Partial Donation of the Property to Be Acquired RECOMMENDATION Staff and the Natural Resources Advisory Board recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT In this exchange the City will ceive 1 trom a oc vIt) t is 2.468 acres (107,506 square feet)in size. The appraisal va of this p cel i 3 18. ockovers will also convey to the City a permanent access easem f•0.02$acre (1 30 squ in size with a value of$1,845. The total value of the property interests conveyed to the City is$324,363. The City will convey land (to be encumbered by a City access easement)to the Stockovers approximately 0.621 acres(27,051 square feet) in size valued at $121,730 (taking into account the City's easement). The Stockovers are donating the excess value of$200,000. EXECUTIVE SUMMARY The proposed land exchange w;�h Willi 'Y C.an D. V(kover will result in a conveyance to the City of approximately 2?#68 acre sef exc s ,d to the . uth of the Stockover's business at 1833 East Mulberry Street, which-is'on th P udre ' 'ver Com or and adjacent to the Kingfisher Natural Area, in exchange for a conveyance to the Stockovers, subject to a City easement, of approximately 0.621 acres of City owned land adjacent to the Stockover Property. The Stockovers own an approximately 18,000 square foot retail/distribution improvement on a 5.499 acre tract. The tract contains two legal parcels. The building is currently leased to the Stanley Steamer, Inc. January 6, 2004 -2. Item No. 15 The rear portion of the property is within the City's Flood Plain Product Corridor and includes a portion of the Poudre River Corridor. The Stockovers have proposed to exchange this approximately 2.468 acres that comprise the south portion of their property for a parcel that the City of Fort Collins owns adjacent and west of the site. They propose to expand parking in this area and will grant an access and maintenance easement on this property to the City for monitoring purposes. Natural Resources had tried unsuccessfully several times over the last four years to acquire this parcel from the previous owners.