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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2001 - FIRST READING OF ORDINANCE NO. 97, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 11 DATE: June 5,2001 FORT COLLINS CITY COUNCIL STAFF: Alan Krcmarik SUBJECT: First Reading of Ordinance No. 97, 2001, Authorizing the Sale of Real Property to Tidal Wave Car Wash, LLC RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The City will receive a net payment of $82,602.52 for its interests in the properties. This is substantially higher than the estimate ($37,900) provided in the 1993 feasibility study. The proceeds from the sale will be deposited in the Special Improvement District #84 fund, which will eventually flow back to the General Fund as repayments for monies advanced in prior years • to cover debt service on the District. EXECUTIVE SUMMARY: Responding to the rapid growth of the early 1980s, the City established partnerships with several development companies and issued special improvement district bonds to make public improvements in several areas of the City. The eventual owners of the properties were to pay off the bonds through special assessments. In the mid to late 1980s, the City experienced a sharp drop in demand for housing units and many of the development companies decided to not to pay the special assessments. The City continued to make payments on the bonds with funds transferred from the General Fund. The City also proceeded to foreclose on the property and eventually received title to the properties. The two parcels in Ordinance No. 97, 2001, (the City parcel and the Johnson parcel) comprise a 0.87-acre property located at the northwest comer of JFK Parkway and the Troutman. The buyer has offered a payment that will pay the City a net amount of $82,602.52, substantially higher than the amount estimated ($37,900) in the 1993-- feasibility study. The Ordinance authorizes the sale of the City's ownership interests in the properties, which is legally two separate parcels represented by two separate sales agreements. 0 ORDINANCE NO. 97,2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF REAL PROPERTY TO TIDAL WAVE CAR WASH, LLC WHEREAS, in 1984,the City created Special Improvement District No. 84(the"District") for the purpose of making public improvements in the vicinity of JFK Parkway and Troutman Parkway, and issued Special Improvement District bonds in support of the District, which bonds were to be repaid by special assessments on the property benefitted by the improvements; and WHEREAS, due to economic conditions in the late 1980's, certain of these special assessments were not paid by the assessed property owners,whereupon the City continued to make the payments on the bonds and commenced foreclosure on the property subject to unpaid taxes and assessments; and WHEREAS,as a result of said foreclosures,the City acquired ownership of certain properties in the District including those properties described on Exhibit"A"attached hereto and incorporated herein by this reference to be known respectively as the"City Parcel"and the"Johnson Parcel";and WHEREAS,the City Parcel is owned entirely by the City and the Johnson Parcel is owned in part by the City and that,with respect to the Johnson Parcel,the City shall receive seventy percent (70%) of the net proceeds from the sale thereof, in the sum of$65,374.52,and,with respect to the City Parcel, the City shall receive the sum of$7 per square foot(approximately$17,228); and WHEREAS, the Council has determined that it is in the best interest of the City that the property described on Exhibit "A" be sold to the Tidal Wave Car Wash, LLC upon the terms and conditions above described. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the sale of the property described on Exhibit"A"to the Tidal Wave Car Wash,LLC is in the best interest of the City, which sale shall be made upon the terms recited above and the additional terms and conditions contained in the Purchase and Sale Agreements for Real Property relating to the City Parcel and the Johnson Parcel which,taken together,will net the City the sum of approximately $82,600, and the City Manager is hereby authorized to execute the Sale and Purchase Agreements for the sale of the City Parcel and the Johnson Parcel,and the Mayor is hereby authorized to execute any deeds or other instruments of conveyance necessary to complete such sale and purchase. Introduced and considered favorably on first reading and ordered published this 5th day of June,A.D. 2001, and to be presented for final passage on the 19th day of June,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of June,A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT "A" The City Parcel That portion of Lot 1,Super Block Holding Phase I,which is described in the Sheriffs Deed,dated March 1, 1996, and recorded at Reception No. 96014523, Larimer County, Colorado real estate records, consisting of approximately .0565 acres (although Seller makes no representation with respect to said acreage). The Johnson Parcel Lot 1, Super Block Holding Phase I, as shown on the plat thereof,recorded in the Latimer County, Colorado real estate records,TOGETHER WITH the right to use an access easement adjacent to the subject property on the North and West as depicted on that plat of the Market Place, P.U.D., recorded July 11, 1989,at Reception No. 89030594,Larimer County,Colorado real estate records, SAVE AND EXCEPT that portion of Lot 1, Super Block Holding Phase I, owned by the City of Fort Collins, Colorado, pursuant to the Sheriffs Deed dated March 1, 1996, and recorded at Reception No. 96014523, Latimer County, Colorado real estate records.