HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/07/2006 - SECOND READING OF ORDINANCE NO. 041, 2006, AUTHORI ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: March 7, 2006
FORT COLLINS CITY COUNCIL STAFF: Helen Matson
Craig Foreman
SUBJECT
Second Reading of Ordinance No. 041, 2006, Authorizing the Conveyance of a Non-Exclusive
Sanitary Sewer Easement for the Cherry Street Station Development.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
Cherry Street Station is a loft project being developed on Cherry Street near North College Avenue.
The nearest sewer line connection for this project is located in Martinez Park across the railroad track
from the development. The developer has requested a sewer line easement from the City to connect
to the City sewer system. Ordinance No. 041, 2006, which was unanimously adopted on First
Reading on February 21, 2006, authorizes this easement.
ITEM NUMBER: 35
AGENDA ITEM SUMMARY DATE: February 21, 2006
FORT COLLINS CITY COUNCIL STAFF: Helen Matson
Craig Foreman
SUBJECT
First Reading of Ordinance No. 041, 2006, Authorizing the Conveyance of a Non-Exclusive
Sanitary Sewer Easement for the Cherry Street Station Development.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
All costs for installation of thiebepaid
wer a cti 1 be paid by the developer. The
total amount of consideration the ty r this ea ent is $1,000. This includes the
cost of the easement, processi ati es.
EXECUTIVE SUMMARY
Cherry Street Station is a loft project being developed on Cherry Street near North College Avenue.
The nearest sewer line connection for this project is located in Martinez Park across the railroad
track from the development. The developer has requested a sewer line easement from the City to
connect to the City sewer system. The City Parks Department has no objections or concerns
regarding the proposed connection through this park. The total square footage for this easement is
1,606.
COPY
ORDINANCE NO. 041 , 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A SANITARY SEWER EASEMENT
FOR THE CHERRY STREET STATION DEVELOPMENT
WHEREAS, the City of Fort Collins, Colorado(the"City") is the owner of a certain parcel
of real property located in Fort Collins, Colorado, known as Martinez Park(the"Property"); and
WHEREAS, the Cherry Street Station Development (the"Project") is located southeast of
the Property; and
WHEREAS, in order to connect the Property to the City's sewer system, TOJO, LLC and
North College Lofts, LLC (the "Developer") wishes to acquire a non-exclusive sanitary sewer
easement over, under and across the Property (the "Easement"), as described in Exhibit "A",
attached hereto; and
WHEREAS, the Developer has agreed to pay the City$1,000 for compensation and costs
associated with the easement; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the non-exclusive easement will not have any adverse effects to the Property, 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 other disposition of real property owned by the City is in the best
interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Easement over, under and across the Property,
consistent with the terms of this Ordinance,will be for the benefit of the City's citizens and is in the
best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Easement to TOJO, LLC and North College Lofts, LLC
upon the terms and conditions described above, and subject to such other terms and conditions as
the Mayor, in consultation with the City Attorney, determine to be in the best interest of the City.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
February, A.D. 2006, and to be presented for final passage on the th day of March, A.D. 2006.
10".-2r�
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of March, A.D. 2006.
Mayor
ATTEST:
City Clerk