The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/20/2008 - SECOND READING OF ORDINANCE NO. 044, 2008, AUTHOR ITEM NUMBER: 9 AGENDA ITEM SUMMARY DATE: May 20, 2008 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Patrick Rowe SUBJECT Second Reading of Ordinance No.044,2008, Authorizing the Conveyance of Real Property Located at the Utility Service Center to an Adjacent Property Owner at 525 North Whitcomb Street. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The property owners at 525 North Whitcomb Street wish to purchase from the City a small offsetting portion of Lot 1 of the Utility Service Center development,located immediately adjacent and north of 525 North Whitcomb Street to compensate for a historical encroachment by a neighboring property at 523 North Whitcomb . This Ordinance, unanimously adopted on First Reading on May 6, 2008, authorizes this conveyance. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- May 6, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: May 6, 2008 FORT COLLINS CITY COUNCIL FF: Jim Hibbard Patrick Rowe SUBJECT vor Ordinance No. 044, 2008, Authorizing the Conveyance of Real Property Located at the Utility Service Center to an Adjacent Property Owner at 525 North Whitcomb Street. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The City will receive fair compeddoi the Pt se 4 per sq ft($3,920 for 980 square feet). This value may be adjuard t rase nts retained by the City and other encumbrances. EXECUTIVE SUMMARY To compensate for a historical encroachment by a neighboring property at 523 North Whitcomb, the property owners at 525 North Whitcomb Street wish to purchase from the City a small offsetting portion of Lot 1 of the Utility Service Center development, located immediately adjacent and north of 525 North Whitcomb Street. The owners of 525 North Whitcomb intend to sell a portion of their property to the neighbor at 523 North Whitcomb to correct the encroachment. In order to maintain the size of their own lot, the owners of 525 North Whitcomb asked the City to convey to them a strip of adjacent Utility property 7 feet wide and 140 feet long(980 e fe Th' o ayevised(downward)to address existing City improvements desir ffer BACKGROUND On November 20,2007 City Council adopted Ordinance No. 135,2007 authorizing the conveyance of a portion of Lot 30, Block 275, to the owner of 525 North Whitcomb. The City agreed to that conveyance in order to address an encroachment on City property by a garage located at 525 North Whitcomb. The additional 7-foot wide strip of property requested by the current property owners is in addition to the previous conveyance and will give the owners of 525 North Whitcomb May 6, 2008 -2- Item No. 11 approximately two full lots after the owners convey a portion of their property to the neighbor at 523 North Whitcomb, who is encroaching on their property. ATTACHMENTS 1. Location Map C ORDINANCE NO. 044, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT THE UTILITY SERVICE CENTER TO AN ADJACENT PROPERTY OWNER AT 525 NORTH WHITCOMB STREET WHEREAS,the City is the owner of a parcel of real property more particularly described as Lot 1,City of Fort Collins Service Center P.U.D.6th Filing,Fort Collins,Colorado("Lot 1"),which is part of the Utility Service Center property; and WHEREAS, the owners of the property at 525 North Whitcomb, located adjacent to and south of Lot 1, have learned that improvements located on the neighboring property to their south, 523 North Whitcomb, are encroaching on the property at 525 North Whitcomb; and WHEREAS,the owners of 525 North Whitcomb intend to convey a portion of their property to the owner of 523 North Whitcomb to correct that encroachment; and WHEREAS, in order to maintain the size of their own property, the owners of 525 North Whitcomb are asking the City to convey to them a portion of Lot 1 approximately 980 square feet in size, and more particularly described as the southernmost seven feet of the easternmost 140 feet of Lot 1,City of Fort Collins Service Center P.U.D. 6th Filing,Fort Collins Colorado,as measured from the southeast comer of Lot 1 (the "Property"); and WHEREAS, the City does not have a use for the Property, and selling the Property will relieve the City of maintenance responsibilities for the Property and place the Property back on the tax rolls; and WHEREAS, the estimated fair market value of the Property is $3,920, based on a value of $4.00 per square foot, although this value may be adjusted downward if the City decides to retain any easements or encumbrances on the Property when it is conveyed; and WHEREAS, staff has determined that the conveyance of the Property will not materially impair the viability of the City's utilities and is in the best interests of the citizens of the City; 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 that is part of the City's utility systems,provided the Council first finds,by ordinance,that such sale or disposition will not materially impair the viability of the particular utility system as a whole, that it 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 City Council hereby finds that the conveyance of the Property, a portion of Lot 1,City of Fort Collins Service Center P.U.D.6th Filing,Fort Collins,Colorado,under the terms listed above, will not materially impair the viability of the City's electric utility or other utility systems as a whole,will be for the benefit of the City's citizens,and is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary for the City to quitclaim the Property to the owners of 525 North Whitcomb Street on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager,in consultation with the City Attorney,determines are necessary and appropriate to protect the interests of the City, including any necessary changes to the legal description of the Property,as long as such changes do not materially increase the size or change the character of the Property. Introduced,considered favorably on first reading,and ordered published this 6th day of May, A.D. 2008, and to be presented for final passage on the 20th day of May, A.D. 2008. May ATTEST: �Wix City Clerk Passed and adopted on final reading on the 20th day of May, A.D. 2008. Mayor ATTEST: City Clerk