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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2002 - FIRST READING OF ORDINANCE NO. 027, 2002, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 28 February 5, 2002 FORT COLLINS CITY COUNCIL DATE: Fe STAFF: Link Mueller Ron Mills SUBJECT: First Reading of Ordinance No.027,2002,Authorizing the Sale of a 2.194 Acres Site Originally Purchased for the Locust Street Outfall at 937-939 Riverside Avenue to Houska Outfall,L.L.C. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Staff is recommending that the City sell the 2.194 acre parcel to Houska Outfall,LLC at a researched value of$253,000. As part of the sale, the City is reserving a .971 acre easement for the Locust Street Outfall Project as well as additional easements for other utility purposes. In addition,the City is retaining a lease, at no cost to the City, to use the rear 300 feet of the site for a construction staging area for the on-going Oak Street Outfall Project. lip EXECUTIVE SUMMARY: In 1994,the City purchased a site for$279,790 to be used for the Locust Street Outfall Project. Financing for the Project was obtained in the June 1999 Bond Issue and construction was completed in the fall of 2001. It was expected when the property was purchased that all of it would not be needed for the Project; however,until the design was completed,it was not known if the site would have a developable remainder. As it turns out,the site is developable even with the easement reservations. As a result,staff informed all City Departments that this site would be excess property to Utility Services and would be marketed for sale if a City need was not identified. Parks, Natural Resources and Affordable Housing considered the site; however, each determined it did not meet their respective needs. During the market phase, the adjacent property owner, Houska Automotive, came forward with an offer to purchase the site; however, agreement on value could not be reached. As a result, the property was appraised and the appraisal was used to help establish value. Staff is recommending that the Locust Street Outfall site be sold to Houska Outfall,LLC for$253,000. ORDINANCE NO. 027, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF A 2.194 ACRES SITE ORIGINALLY PURCHASED FOR THE LOCUST STREET OUTFALL AT 937-939 RIVERSIDE AVENUE TO HOUSKA OUTFALL,L.L.0 WHEREAS,the City of Fort Collins is the owner of that certain real property located in Fort Collins, Latimer County, Colorado, at 937 and 939 Riverside Avenue, approximately 2.194 acres in size and more particularly described on Exhibit"A",attached hereto and incorporated herein by this reference (the"Property"),which was purchased with Storm Drainage Utility funds for use by the City in connection with its Locust Street Outfall project(the "Project"); and WHEREAS, the Project is now completed, and it has been determined that the Property is not required for the Project, except for certain utility easements for improvements that have been constructed on the Property, easements for which shall be reserved for the City, including an easement on that portion of the Property described on Exhibit`B",attached hereto and incorporated herein by this reference (the "Locust Street Outfall Easement"); and WHEREAS,the owner of the property adjacent to the Property no longer needed by the City has offered to purchase the Property,subject to the Locust Street Outfall Easement and other related easements, for the purchase price of$253,000; and WHEREAS, City staff has obtained an appraisal of the Property to be conveyed, and recommends the sale of the Property for $253,000, which represents the fair market value of the Property according to that appraisal; and WHEREAS, City staff has determined that the conveyance of the Property will not be detrimental to the City Utility as a whole, and will be in the best interest 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 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 will not impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be 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 consistent with the terms of this Ordinance will not materially impair the viability of the City's storm drainage utility as a whole,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 a deed, agreements or such other documents or instruments of conveyance as are necessary for the City to sell and convey the Property on the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 5th day of February,A.D. 2002,and to be presented for final passage on the 19th day of February,A.D.2002. Mayor Pro Tem ATTEST: City Clerk Passed and adopted on final reading this 19th day of February,A.D. 2002. Mayor ATTEST: City Clerk -0110191T"A" ' A PUBLIC UTILITY AND DRAINAGE EASEMENT BEING A TRACT OF LAND :LOCATED 1N THE NE 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M. CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. 3 TOTAL AREA AS y"1 CALCULA7ED FOR TRACT OF LAND DESCRIBED AT r t? RECEP710H N 767IS 2.194 ACRES YAW LANDLINEDES F TRACT BED A OF RECEPTION NO. 94099767 SCALE: 1' = 80' DATE DRAWN: FEBRUARY 05,01 WOOi SEAR.BROVIN sum Me me0.965 -acres s EASEMENT m 42,288 sq.ft. , 0.971 acres n NE CORM OF SIc 13-7-e0 19.30, ' EAST LINE OF TRACT OF 2 - LAND DESCRIBED AT 3 RECEPTION NO. 94099767 1Z�• � ,� �it S 8 T) t 1 a FAST OF t/+ CORIF7t _r O g10 13-7—W 2V`! P.O. M S 7Y.11. 8. N 820248' W .'5518' = N h73' T E�D SO' f .� 15 qo w mE NE I OF �58 acres SEC 13- -aa AS ESTABUSH D RV HOWARD EVANS. an DKINEM a S 1re�e' w AROUND 1950 �T/y. 22.OT sw C0109M Or �Q�fr M S 1 Z� w OF LAND DES9I AT $ REOEP710N NQ WOYY767 SOUTH LINE OF TRACT OF LAND DESCRIBED AT RECEPTION 140. 94099767 LOCUST STREET OUTFALL SITE LOCATION MAP E MULBERRY ST E MULBERRY ST 4� E MYRTLE T t W J y m E O N ® Property Site EXHIBIT'B„ • DESCRIPTION: PUBLIC UTILITY AND DRAINAGE EASEMENT A public utility and drainage easement being a portion of a tract of land described at Reception No. 94099767 on file at the Office of the Clerk and Recorder,Larimer County,Colorado,located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as bearing South 18°40'34" West and with all bearings contained herein relative thereto: Commencing at the Northeast comer of said Section 13;thence,South 64'12'21"West, 1885.51 feet to the Southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 13 as established by Howard Evans, City Engineer, around 1950;thence,South 71"11 '46" East, 538.50 feet to the Southwest comer of said tract of land described at Reception No.94099767;thence along the West line of said tract of land,North 18*48'14"East,54.72 feet to the POINT OF BEGINN 1 NG; thence continuing along said West line,North 18'48'14"East,50.91 feet;thence departing said West line, South 82'02'48" East, 103.26 feet; thence, North 17°34'2I" East, 400.64 feet; thence, North 31"18'26"West, 94.88 feet to a point on the West line of said tract of land;thence along said West • line,North 18.48'14"East,52.13 feet to a point on the Southerly side of Riverside Avenue;thence along said Southerly side, South 31°18'26" East, 192.59 feet to a point on the East line of that tract of land described at said Reception No.94099767;thence along said East line,South 18°51'10"West, 468.81 feet; thence departing said East line, North 71°15'50" West, 15.00 feet; thence, North 18'51'10" East, 37.67 feet; thence, North 82°02'48" West, 155.18 feet to the Point of Beginning. The above described public utility and drainage easement contains 0.971 acres more or less and is subject to all easements and rights-of-way now on record or existing.