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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/03/2015 - SECOND READING OF ORDINANCE NO. 021, 2015, AUTHORIAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 3, 2015 City Council STAFF Patrick Rowe, Real Estate Specialist SUBJECT Second Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet of City-Owned Property to Loco Ventures LLC. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 17, 2015, authorizes 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 the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 17, 2015 (w/o attachments) (PDF) 2. Ordinance No. 021, 2015 (PDF) Agenda 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 - 1 - 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 - 2 - 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