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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - SECOND READING OF ORDINANCE NO. 095, 2006, AUTHORI ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: July 18, 2006 FORT COLLINS CITY COUNCIL STAFF: Roger Buffington Patrick Hyland SUBJECT Second Reading of Ordinance No.095,2006,Authorizing the Conveyance of Certain Real Property along Cedarwood Drive Subject to a Perpetual Utility Easement. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. The Water Board unanimously approved this sale at its May 25, 2006 meeting. EXECUTIVE SUMMARY This Ordinance,unanimously adopted on First Reading on June 6, 2006, authorizes conveyance of fee title to real property located along Cedarwood Drive by the City. Staff has determined it is not necessary for the City to own the property, originally purchased to install a sewer line to serve surrounding development. The City will reserve and retain a utility easement on and under this tract for the existing sewer line and in order to utilize the easement for any other utility purposes. The Ordinance has been amended on Second Reading to state that the property will be offered to the general public on set terms and conditions and for the established price of$1,000. The reason that this change has been made is that the prospective purchaser of the property is a City employee and Article IV, Section 9(b)(2) of the City Charter prohibits City employees from purchasing property from the City unless the property is offered for sale to all members of the general public on the same terms and conditions, at an established price, and not by bid or auction. ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: June 6, 2006 FORT COLLINS CITY COUNCIL STAFF: Roger Buffington Patrick Hyland SUBJECT r y First Reading of Ordinance No. 095, 2006, Authorizing the Conveyance of Certain Real Property along Cedarwood Drive Subject to a Perpetual Utility Easement. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Water Board unanimously approved this sale at its May 25, 2006 meeting. FINANCIAL IMPACT The total amount of considerCburse aid t i for urchase of the 3,935 square foot tract is $1,000, which will r Cit o t e time d resources taken to convey the property. W EXECUTIVE SUMMARY The City acquired the 3,935 square-foot parcel of land that is the subject of this Ordinance in order to install a sewer line to serve surrounding development. The City is presently maintaining and mowing this small strip of ground. Staff has determined it is not necessary for the City to own the property and the maintenance costs associated with owning the property can be avoided by conveying the property to an interested adjoining property owner. The City will reserve and retain a utility easement on and under this tract for the existing sewer line and in order to utilize the easement for any other utility purposes. ATTACHMENTS if I 1. Excerpt from the minutes e% o Meeting o May 25, 2006. 2. Location map. ORDINANCE NO. 095 , 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY ALONG CEDARWOOD DRIVE SUBJECT TO A PERPETUAL UTILITY EASEMENT WHEREAS , the City of Fort Collins is the owner of a 3 ,935 square foot tract of land (the "Property") shown on attached Exhibit "A," which is incorporated herein by this reference ; and WHEREAS , the Property was purchased in fee for a sewer line to serve surrounding development; and WHEREAS , the City is currently responsible for maintaining the Property; and WHEREAS , the City staff has determined the City does not need fee title to the Property, and requires only an easement interest in the Property ; and NN'HEREAS1 the eity is currently responsible for Che Property; and WHEREAS , City staff has further determined that there may be one or more parties interested in acquiring the Property from the Ci rfor the consideration of $ f ,000 , and will assume the responsibility to inaintain the Proper subject to a perpetual City utility easement on said Property, and that conveyance of fee title to the Property would relieve the City of maintenance and other obligations not required in order to continue the utility easement use; and WHEREAS , based on staff s review, the proposed consideration of $ 1 ,000 for the Property, subject to a perpetual City utility easement, is a fair value for said Property, and the conveyance of the Property will not have any adverse effects on the City; and WHEREAS , staff will make the Property available to the general public on set terms and conditions and at an established price by advertising and posting the proposed sale, and will randomly select a buyer from among those offering to buy 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 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 owned by a City utility will not materially impair the viability of the particular utility system as a whole, 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 as described in this Ordinance is in the best interests of the City and that such conveyance will not materially impair the viability of the wastewater utility system as a whole and will be for the benefit of the citizens of the City. Section 2 . That the Mayor is hereby authorized to execute such documents of conveyance as are necessary for the City to convey the Property to the adjoining property owne subject to a perpetual City utility easement as described herein, including such terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, including any necessary corrections to the legal descriptions shown thereon that do not result in a material increase or change in the character of the property intended to be conveyed. Introduced, considered favorably on first reading, and ordered published this 6th day of June, A.D . 2006, and to be presented for final passage on the 18th day of July, A.D . 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 18th day of July, A.D . 2006 . Mayor ATTEST : City Clerk