HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2015 - FIRST READING OF ORDINANCE NO. 021, 2015, AUTHORIZAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY February 17, 2015
City Council
STAFF
Patrick Rowe, Real Estate Specialist
SUBJECT
First Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet of City-Owned
Property to Loco Ventures LLC.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of 93 square feet of City-owned property to Loco
Ventures LLC in order to resolve an encroachment that was a pre-existing condition on property that the City
acquired in 2014 as part of the North College Improvements Project - Conifer to Willox.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
On August 11, 2014, as part of the North College Improvements Project - Conifer to Willox, the City acquired
property to be used as an access connection between College Avenue and the rear access drive serving
businesses on the east side of College Avenue. Upon acquiring property interests from the adjacent property
to the south, the City learned of a very nominal encroachment of the building located on that property.
City staff has been in communication with the property owner’s representative who has expressed interest in
resolving the encroachment, primarily to avoid potential future title issues. City staff has evaluated this request
and determined that it does not affect the City’s current use or plans for the property and recommends
resolving the issue by conveying a small linear strip of property (93 square feet in size) that includes the area
of encroachment. This conveyance will reserve a 5-foot wide utility easement along the western boundary of
the conveyance and will also include a temporary construction easement along the western boundary that is
15.45 feet wide.
CITY FINANCIAL IMPACTS
The value of the property has been calculated to be $425, which is based on the appraisal conducted on the
property subject to the encroachment associated with the City’s purchase on August 11, 2014. Additionally, an
administrative fee of $500 has been charged to offset the expense of processing the request (this amount is
less than the typical fee of $1,500 as the request was made in the context of the City’s property acquisition for
the North College Improvements Project).
ATTACHMENTS
1. Location Map (PDF)
ATTACHMENT 1
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ORDINANCE NO. 021, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF 93 SQUARE FEET OF
CITY-OWNED PROPERTY TO LOCO VENTURES LLC
WHEREAS, in 2014 the City acquired various interests in property along North College
Avenue in preparation for the North College Improvements Project - Conifer to Willox; and
WHEREAS, one parcel of property the City acquired (the “City Property”) is between
1324 and 1420 North College and is intended to be used as a connection between College
Avenue and a rear access drive east of College Avenue; and
WHEREAS, the City has since learned that a building on the parcel to the south of the
City Property encroaches on the City Property; and
WHEREAS, in order to resolve the encroachment issue the owner of the encroaching
building, Loco Ventures LLC (“Loco”) has offered to purchase a strip of the City Property as
described on Exhibit A, attached hereto and incorporated herein by this reference (the
“Encroachment Parcel”); and
WHEREAS, City staff has evaluated this request and determined that the proposed
conveyance would not affect the City’s intended use of the City Property; and
WHEREAS, staff has proposed that Loco be required to pay fair market value of $425 for
the Encroachment Parcel, as well as a $500 administrative fee to offset City staff’s time to
process the transaction; and
WHEREAS, City staff is recommending that the encroachment issue be resolved in this
way; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of any and all interests in real property owned in the name of the
City, provided that the City 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 City Council hereby finds that the conveyance of the
Encroachment Parcel to Loco Ventures LLC, as provided herein is in the best interests of the
City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Encroachment Parcel on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in
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consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City, including, but not limited to, any necessary changes to the legal description
of the Encroachment Parcel, as long as such changes do not materially increase the size or
change the character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 17th day of
February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of March, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Exhibit "A" Page 1 of 1