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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2007 - ITEMS RELATING TO THE NORTH COLLEGE AVENUE IMPROVE ITEM NUMBER: 13 A-C AGENDA ITEM SUMMARY DATE: May15, 2007 FORT COLLINS CITY COUNCIL STAFF: Helen Matson Dean Klingner Craig Foreman SUBJECT Items Relating to the North College Avenue Improvements Project. RECOMMENDATION Staff recommends the adoption of the three Ordinances on First Reading. FINANCIAL IMPACT As consideration for property at the Northside Aztlan Community Center that was developed as a public access road as part of the North College Avenue Improvements Project, the project budget will reimburse the Parkland Fund a total of$5,545. No consideration will be paid to the City for the conveyances to Department of Transportation, State of Colorado,or to the adjacent property owner. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Department of Transportation, State of Colorado. B. First Reading of Ordinance No. 069,2007,Authorizing the Conveyance of a Parcel of Real Property at North College Avenue and Willow Street to the Adjacent Property Owner. C. First Reading of Ordinance No. 070, 2007, Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund To Record the Transfer of Real Property from the Neighborhood Parkland Fund to the Capital Project Fund - North College Avenue Improvements Project. In 2003,the City completed the North College Avenue Improvements Project. This Project included improvements to paving, sidewalks, pedestrian lighting, crosswalks, and drainage in the area between North College Avenue and Jefferson Street. These Ordinances will complete the final transactions needed for this project. May 15, 2007 -2- Item No. 13 A-C BACKGROUND The North College Avenue Improvements Project (the "Project"), was constructed in 2003 and included the addition of sidewalks, bike lanes, access and drainage improvements and roadway construction on North College from Jefferson Street to Vine Street. Funding for this Project came from different sources,including the Building Community Choices Capital hnprovement Program, Transportation Services Fund, and the Colorado Department of Transportation ("CDOT") which provided funds for this project from its Congestion Mitigation &Air Quality funds. Since CDOT funds were used for this project, the City was required to follow CDOT procedures during the design, acquisition and construction of this project. In the conceptual phase of this project, it was agreed between the City and CDOT that all property interests would be acquired by the City,and the conveyance would be to the City. It was further agreed that at the conclusion of the project, all the acquired property interests that extend from the back of the new curb and gutter into North College Avenue, or State Highway 287, would be conveyed,by Quit Claim Deed, from the City to CDOT. Once the project was completed, the City Surveyors concluded the only parcels that need to be conveyed to CDOT are adjacent to each other and are located on the west side of North College Avenue and north of Cherry Street (see attached map, Property #1). One parcel contains 3,702 square feet and the other parcel contains 556 square feet. Conveying these parcels,by Quit Claim Deed, to CDOT will complete CDOT's requirements. One of the objectives of the Project was to minimize access points on North College Avenue. To that end, the Project constructed a public access road from Willow Street that runs behind the businesses at 400 and 410 North College Avenue. This access road was constructed on a portion of the City property at the Northside Aztlan Community Center ("NACC"),also known as the Old Fort Collins Heritage Park,and west of the Burlington Northern railroad tracks. This area had been used informally as overflow parking for the NACC for large events. During the design phase of the Project, staff discussed with the Parks Planning staff the possibility of transferring the required property for the Project from Parks to General Fund. Parks agreed to transfer the required 11,011 square feet (see attached map, Property#2) for the access road with the Project compensating the Parkland Fund in the amount of$4,075. During negotiations for the Project with the property owner("Owner")of 400 North College,many land issues became apparent. These issues are itemized below: 1. For the purposes of the Project,the City desired to purchase from the Owner permanent and temporary interests valued at $4,170. 2. Land ownership - The City acquired the property for the NACC in many different transactions. The City's land, as reflected in a survey completed by Bradford Smith in May 1978,runs almost the entire length of the southern border of the Owner's property on Willow Street and the City's properties abut on the eastern boundary of the Owner's property. The configuration of the City's property along the southern boundary of the Owner's property was not usable by the City because at its widest point it is approximately 25 feet. Over the years,the Owner and past owners had incorporated the City's property into their property as part of their landscaping and parking and had assumed ownership of that area. May 15, 2007 -3- Item No. 13 A-C 3. Access and parking — Prior to the Project, this property had an entrance/exit on North College and access from Willow Street. The Owner had maximized his property and had a need for as much on-site parking as possible. During negotiations,a mutually satisfactory agreement was reached. The Owner volunteered to give up his North College access(which was highly desired as a goal of this Project)and the City agreed to convey the unusable City property adjacent to the Owner's property, contingent upon Council approval. The property to be conveyed to the Owner consists of 3,974 square feet(see attached map, Property#3). Since the property to be conveyed is part of the NACC,the Project will reimburse the Parkland Fund $1,470 for this strip of land. The property to be conveyed to the Owner would be used for landscaping on the southern boundary and parking on the eastern boundary. The property to be used for parking is located between the new public access road and the Owner's property. An Agreement of Purchase and Sale of Real Property was executed by the City and the Owner. This Agreement granted possession to the City at execution and the Project improvements were constructed. Prior to staff taking this item for Council approval and subsequent closing,the Owner sold the property at 400 North College Avenue. The new property owner has the same concerns over parking availability and is anxious to conclude this transaction and receive ownership of the 3,974 square feet. Council approval of these Ordinances will allow staff to complete the North College Avenue Improvements Project. ATTACHMENTS 1. Property#1 - Property to be Conveyed to CDOT. 2. Property#2 - Property to be Transferred from the Parkland Fund to the General Fund. 3. Property#3 - Property to be Conveyed to the Owner of 400 North College. ATTACHMENT 1 Property #1 - To Be Deeded to CDOT from City Location Map I` >J V � 4 U' 1 ( O z? I CHERRY ST - WILLOW ST ~� ,rf 1 ® Location of Property to be Deeded N ATTACHMENT 2 Property #2 - Public Access Driveway Location Map ME �O > � LU tU �D O U z� i ® Location of Proposed Public Access Driveway nN 1V ATTACHMENT 3 Property #3 - To Be Deeded from City to Adjacent Property Owner Location Map �m � G w w �? O D INV i U�z I ® Location of Proposed Deeded Property N ORDINANCE NO. 068, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO PARCELS OF REAL PROPERTY ON NORTH COLLEGE AVENUE TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO WHEREAS, the City is the owner of various properties acquired as part of the North College Avenue Improvements Project (the "Project") and located on North College Avenue; and WHEREAS, the Project was funded from the Building Community Choices Capital Improvement Program, Transportation Services Fund, and the Department of Transportation, State of Colorado ("CDOT"); and WHEREAS, the City and CDOT agreed that all property interests acquired for the Project would be deeded to the City; and WHEREAS, it was further agreed that at the conclusion of the Project, all property acquired that is now in the new street right of way for North College Avenue, commencing at the back edge of the new curb and gutter, would be conveyed to CDOT; and WHEREAS, pursuant to this agreement, City staff has identified two parcels of land adjacent to each other on North College Avenue, more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property") that should be conveyed to CDOT; and WHEREAS, such conveyance would be by quitclaim deed; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the Council first finds, by ordinance, that such sale or other disposition is 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 conveyance of the Property to CDOT, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and is in the best interests 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 Property to CDOT upon the terms and conditions described above, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2007, and to be presented for final passage on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk EXHIBIT "A" Page 1 of 4 PROPERTY ONE DESCRIPTION OF PARCEL NO. 10A PROJECT NO. STA 0142-039, CITY OF FORT COLLINS TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO A tract of land being Parcel No. 30A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, located in the Northeast quarter of Section 11 Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in Block 24 City of Fort Collins, the said tract is also a portion of that certain tract of land described in a Warranty Deed recorded June 30, 2003 at Reception No. 20030080748 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 11 as bearing South 00 degrees 23 minutes 57 seconds West between a found 3 1/4" brass cap monument, at the northeast corner of the said Section 11, and a found 3" brass cap monument at the east quarter corner of the said Section 11, based upon G.P.S. observation and the City of Fort Collins coordinate base; Commencing at Ehe northeast corner of the said section 11; THENCE along the said east line of the northeast quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1406. 96 feet to the easterly prolongation of the south line of the said Block 24; THENCE along the said prolongated line, North 89 degrees 39 minutes 56 seconds West for a distance of 60.00 feet to the southeast corner of the said Block 24, and to the southeast corner of the said tract described at Reception No. 20030080748, and to the TRUE POINT OF BEGINNING of this description; THENCE along the boundary of the said tract described at Reception No.20030080748, North 89 degrees 39 minutes 56 seconds West for a distance of 38:34 feet; THENCE leaving the said boundary, along a non-tangent curve to the left having a radius of 24 .50 feet a central angle of 32 degrees 02 minutes 32 seconds and an arc length of 13 .70 feet, being subtended by a chord of North 21 degrees 46 minutes 11 seconds East for a distance of 13 .52 feet; THENCE North 05 degrees 44 minutes 55 seconds East for a distance of 73 .59 feet; THENCE along a curve to the right having a radius of 200 .50 feet a central angle of 09 degrees 08 minutes 42 seconds and an arc length of 32 .00 feet, being subtended by a chord of North 10 degrees 19 minutes 16 seconds East for a distance of 31. 97 feet; THENCE North 14 degrees 53 minutes 37 seconds East for a distance of 22 .96 feet to the north line of the said tract described at Reception No. 20030080748; THENCE along the said north line, South 48 degrees 05 minutes 02 EMBIT "An Page 2 of 4 seconds East for a distance of 20 .43 feet to the east line of the said tract described at Reception No. 20030080748; THENCE along the said east line, South 00 degrees 23 minutes 57 seconds West for a distance of 125.99 feet to the point of beginning. Containing 3702 square feet more less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "A" Page 3 of 4 DESCRIPTION OF PARCEL NO. 10B PROJECT NO. STA 0142-039, CITY OF FORT COLLINS TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO A tract of land being Parcel No, 10B Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, located in the Northeast quarter of Section 11 Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in Block 24 City of Fort Collins, the said tract is also a portion of that certain tract of land described in a Special Warranty Deed recorded June 30, 1997 at Reception No. 97041141 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 11 as bearing South 00 degrees 23 minutes 57 seconds West between a found 3 1/41, brass cap monument, at the northeast corner of the said Section 11, and a found 3" brass cap monument at the east quarter corner of the said Section 11, based upon G.P.S. observation and the City of Fort Collins coordinate base; Commencing at the northeast corner of the said section 11; THENCE along the said east line of the northeast quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1406.96 feet to the easterly prolongation of the south line of the said Block 24; THENCE along the said prolongated line, North 89 degrees 39 minutes 56 seconds West for a distance of 60.00 feet to the southeast corner of the said Block 24; THENCE along the east line of the said Block 24, North 00 degrees 23 minutes 57 seconds East for a distance of 125 . 99 feet to the north east corner of Parcel No. 10A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, and to TRUE POINT OF BEGINNING OF THIS DESCRIPTION,- THENCE continuing along the said east line of Block 24, North 00 degrees 23 minutes 57 seconds East for a distance of 72 .73 feet; THENCE leaving the said east line, South 14 degrees 53 minutes 37 seconds West for a distance of 61.13 feet to the north line of the said Parcel No. 10A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039; THENCE along the said north line, South 48 degrees 0S minutes 02 seconds East for a distance of 20 .43 feet to the point of beginning. Containing 556 square feet more less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is knowledge,true and correct to the best of my professional g , belief and opinion. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "A" Page 4 if 4 LOCATION SKETCH CITY OF FORT COLLINS NORTH COLLEGE PROJECT TRACTS 10A AND 10B TO BE DEEDED TO CDOT NE CORNER 11-7-69 N �o NTS ���o , Li MARCH 20, 2006 1 P 40p Oy I Ld 0 K / U Ld 0 U i C1 �10-0 Z 4k rn 10 TRACT 108 W 556 SO.FT. J Course Bearing Distance Ll S 00.23'57' W 1406.96' L2 N 89'39'56' W 60.00' L3 N 89039156' W 38,34' �t �p (6, I L4 N 05'44'55' E .22 LS N 14'53'37' E 73.9659' AS L7 S 00'23'57' V 12599' R�G�J" 1 LB N 00.23157' E 72.73' �C i L9 S 14'53'37' W 61.13' I � m WSW mw 20 Curve Raadus Length Delta j Cl 24.50' 13.70' 32'02'32' I � C2 200,50, 32.00' 9'08'42' TRACT 10A J 3702 SOFT. J I v. L2 I L3 Tws svercN AND THE AREAS BCOL�N SHOWN DEPICT THE ATTACHED CHERRY ST. BACK OF CURB PROPERTY DESCRIPTION ONLY, NOT CONSTRUCTED AND BOUNDARY SURM AS CONS cwDaL ul»tuMI REPRESENT A uENrel IgsuHrer�rRon V+CBcw ORDINANCE NO. 069, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PARCEL OF REAL PROPERTY AT NORTH COLLEGE AVENUE AND WILLOW STREET TO THE ADJACENT PROPERTY OWNER WHEREAS, in 2003, the City constructed the North College Avenue Improvements Project (the"Project"); and WHEREAS, one of the primary goals of the Project was to limit the number of access drives on North College Avenue; and WHEREAS, as part of the Project, the City constructed a new public access road running north from Willow Street behind the properties located at 400 and 410 North College Avenue; and WHEREAS, during the Project City staff negotiated with several property owners to acquire all property interests required to construct the Project; and WHEREAS, during negotiations, the owner of the property located at 400 North College Avenue (the "Owner") agreed to give up his existing access drive on North College and use only the access from the new public access road; and WHEREAS, the City is the owner of a certain parcel of real property located at 112 Willow Street in Fort Collins, Colorado, known as the Northside Aztlan Community Center("NACC"); and WHEREAS, a strip of the NACC property containing approximately 3,974 square feet, as more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), now lies between the new access road and the eastern boundary of the Owner's property, and is not usable by the City for NACC purposes; and WHEREAS, the City and the Owner negotiated to exchange the Property for other interests in land needed for completion of the Project; and WHEREAS, Section 23-I11 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interests 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 Property to the Owner, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and is in the best interests 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 Property described herein to the Owner upon the terms and conditions described above, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2007, and to be presented for final passage on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk EXHIBIT W Page 1 of 3 PROPERTY THREE DESCRIPTION OF A TRACT OF LAND 'OWNED BY THE CITY OF FORT COLLINS TO BE DEEDED TO ADJACENT PROPERTY OWNER A Tract of land, located in the Northwest quarter of Section 12, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in that certain tract of land known as the Old Fort Site as shown on a Land Survey Plat completed by, Bradford Smith PLS, on May 21, 1978,being more particularly described as follows; Considering the west line of the said northwest quarter of Section 12 as bearing North 00 degrees 23 minutes 57 seconds East between a found 3" brass cap monument at the west quarter corner of the said Section 12 and a found 3 1/4" brass cap monument, at the northwest corner of the said Section 12, based upon G.P.S. observation; Commencing at the said northwest corner of Section 12; THENCE along the west line of the said northwest quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1245.53 feet; THENCE South 89 degrees 36 minutes 03 seconds East for a distance of 40.00 feet to the northwest corner of that certain tract of land described in a Warranty Deed recorded December 8, 1983 and recorded in Book 2249 at Page 0969 records of the Clerk and Recorder of the said Larimer County; THENCE along the west line of the said tract described in Book 2249 at Page 0969, South 00 degrees 23 minutes 57 seconds West for a distance 'of 60 .16 feet; THENCE continuing along the said west line, South 06 degrees 40 minutes 36 seconds West for a distance of 100. 60 feet to the south line of the said tract; THENCE along the said south line, South 89 degrees 36 minutes 03 seconds East for a distance of 32 . 89 feet to the intersection of the north Right of Way of 'Willow Street as shown on the said survey of the Old Fort Site and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south line, South 89 degrees 36 minutes 03 seconds East for a distance of 138.11 feet to the east line of the said tract, being the center of the alley vacated in Ordinance No. 13 of 1948; THENCE along the centerline of the vacated alley, North 00 degrees 23 minutes 57 seconds East for a distance of 100 .00 feet to the north line of the said vacated alley; THENCE along the said north line, North 89 degrees 36 minutes 03 seconds West for a distance of 10.00 feet to the east line of the said tract described in Book 2249 at Page 0969; THENCE along the said east line, North 00 degrees 23 minutes 57 seconds East for a distance of 60.16 feet to the northeast corner of the said tract described in Book 2249 at Page 0969;. THENCE along the easterly prolongation of the north line of the said tract, South 89 degrees 36 minutes 03 seconds East for a distance of 20 .14 feet; THENCE leaving the said easterly prolongation, South 00 degrees EXHIBIT "A" Page 2 of 3 45 minutes 19 seconds East for a distance of 190 .24 feet to the said north Right of Way of Willow Street; THENCE along the said north Right of Way, along a non-tangent curve to the left having a radius of 400.00 feet a central angle of 22 degrees 20 minutes 47 seconds and an arc length of 156. 01 feet, being subtended by a chord of North 78 degrees 25 minutes 39 seconds West for a distance of 155.02 feet to the point of beginning. Containing 3974 square feet more less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "A" Page 3 if 3 FCORNER LOCATION SKETCH N CITY PARCEL TO BE DEEDED TO ADJACENT PROPERTY OWNER NTS to N MARCH 26, 2004 I 3 i7 N O O In S89'36'03"E v S89'36'03"E 20.14' 40.00' 'T/7TTT7' Z z otoEDO rz ,, W t.I I L i�Zn0MipNIw^<In LL1 00 BUILDING 3 m W L —i Lj N89'36'03"W 0 z10.00' U LEIW N µco �0 P DEEDED 0 BE 0 3974 SQ.FT. w two ZMo No- o0o z"E . \ R=400.00' POB CHD-N78'25'39"W-155.02' THIS SKETCH AND THE AREAS ARC-156.01' SHOWN DEPICT THE ATTACHED WILLOW S T, PROPERTY N ONLY, AND NOTT REPRESENT q MONUMEN7ED BOUNDARY SURVEY, U:\S7WPROJ\WALLY\NCOU.EGE\CARNER.DWG ORDINANCE NO. 070, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE NEIGHBORHOOD PARKLAND FUND TO RECORD THE TRANSFER OF REAL PROPERTY FROM THE NEIGHBORHOOD PARKLAND FUND TO THE CAPITAL PROJECTS FUND -NORTH COLLEGE AVENUE IMPROVEMENTS PROJECT WHEREAS,on April 8, 1997,the voters of the City approved Ordinance No. 30, 1997(the "Ordinance"), authorizing the imposition of a quarter cent sales and use tax for the purpose of generating revenues to construct certain transportation projects described in the Building Community Choices ("BCC") capital improvement program; and WHEREAS, one such project approved for funding by the voters was the North College Avenue Corridor Improvements, Phase I (the "Project"); and WHEREAS, the scope of the Project as outlined in the Ordinance called for the phased construction of improvements to enhance the safety of pedestrians and vehicles on North College Avenue between Jefferson Street to Vine Street,and included the addition of sidewalks,bike lanes, access and drainage improvements; and WHEREAS,in addition to the BCC capital improvement program funding,Project funding also included Colorado Department of Transportation ("CDOT") Congestion Mitigation & Air Quality("CMAQ") funds, and a transfer from the City's Transportation Services Fund; and WHEREAS, as part of the project, a public access road to and from Willow Street was constructed just east of two businesses at 400 and 410 North College Avenue to minimize the access points along North College Avenue; and WHEREAS, the aforementioned public access road was constructed on 11,011 square feet of the Old Fort Collins Heritage Park(the Northside Aztlan Community Center site)just west of the Burlington Northern& Santa Fe railroad tracks; and WHEREAS,to complete the Project,an additional 3,974 square feet of the Old Fort Collins Heritage Park is to be conveyed to the adjacent property owner at 400 North College Avenue, pursuant to Ordinance No. 069, 2007; and WHEREAS, the total estimated value of the aforementioned two parcels of the Old Fort Collins Heritage Park land used to complete the Project is $5,545; and WHEREAS, adequate funds exist in the Project for the purpose of reimbursing the Neighborhood Parkland Fund for the loss of the two parcels of neighborhood parkland property that are being transferred or conveyed in conjunction with the completion of the Project; 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 current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of transferred funds ($5,545) from the Capital Projects Fund -North College Avenue Improvements project will not cause the total amount appropriated in the Neighborhood Parkland Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, it is the desire of the Council to appropriate the sum of$5,545, in transferred funds from the Capital Projects Fund - North College Avenue Improvements project, into the Neighborhood Parkland Fund,as reimbursement for property transferred to the Capital Projects Fund -North College Avenue Improvements project, to be used for purposes associated with providing neighborhood parks. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the Neighborhood Parkland Fund, the sum of FIVE THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS ($5,545), in transferred funds from the Capital Projects Fund-North College Avenue Improvements project, to be used for purposes associated with providing neighborhood parks. Introduced and considered favorably on first reading and ordered published this 15th day of May, A.D. 2007, and to be presented for final passage on the 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk -2- Passed and adopted on final reading this 5th day of June, A.D. 2007. Mayor ATTEST: City Clerk -3-