HomeMy WebLinkAbout004 - 02/07/2023 - AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 945 EAST PROSPECT ROAD TO KUM & GO, L.C. ORDINANCE NO. 004, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED
AT 945 EAST PROSPECT ROAD TO KUM& GO,L.C.
WHEREAS, the City has owned the real property located at 945 East Prospect Road (the
"Property") since 1991; and
WHEREAS, the Property was purchased as part of an intersection improvement project at
East Prospect Road and Lemay Avenue,which included plans to construct an eastbound right turn
lane on East Prospect Road; and
WHEREAS, the right turn lane was to be constructed as part of the proposed commercial
redevelopment of the southwest corner of the intersection, but the redevelopment never occurred
and the right turn lane was not constructed; and
WHEREAS, since acquiring the Property the City has leased the residence located on it
and the current tenant is residing on the Property under a month-to-month tenancy; and
WHEREAS, Kum& Go, L.C., an Iowa limited liability company ("Kum& Go"), intends
to redevelop the gas station located at the southwest corner of East Prospect Road and Lemay
Avenue, and plans to expand the footprint of the gas station to properties directly west, including
a portion of the Property; and
WHEREAS, Kum & Go has submitted plans to the City for the redevelopment, which
include the construction of the right turn lane on East Prosect Road,and an Administrative Hearing
Officer conditionally approved the project on December 11, 2022; and
WHEREAS, because of Kum & Go's redevelopment plans, City staff negotiated directly
with Kum & Go for the sale of the Property at fair market value of$403,000 and did not market
the property for sale to the general public; and
WHEREAS, were the City to keep the Property, the City's current or future uses of the
Property would require incurring ongoing maintenance costs and some liability; and
WHEREAS, the City's current or future identified uses of the Property are outweighed by
the benefit to the community from the redevelopment of the gas station property and the
construction of the right turn lane; and
WHEREAS, City staff is recommending the Property be sold and the proceeds be placed
in the General Fund for use as Council sees fit; and
WHEREAS,the City Manager and Kum&Go executed a purchase and sale agreement on
November 3, 2022, which remains contingent upon: (1) approval of the sale by City Council
through final adoption of this Ordinance; and (2) approval of the final development plans by city
staff; and
WHEREAS, upon closing of the conveyance, the month-to-month lease will be assigned
to Kum&Go; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey,or otherwise dispose of any interests in real property owned by the City,provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interests of the
City; and
WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property
interests must be for an amount equal to or greater than the fair market value of such interests
unless the City Council determines that such sale or lease serves a bona fide public purpose based
on the five factors listed in Section 23-114; and
WHEREAS, the City Council finds that the sale is in the best interests of the City and its
citizens in that it will eliminate the City's ongoing maintenance responsibilities and liability risk,
generate fair market sales proceeds that can be used to advance City Council priorities, and allow
the Property to be utilized in its highest and best use as determined by the marketplace.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the sale of 945 East Prospect Road
to Kum& Go,L.C. as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute a deed and such other
documents as are necessary to convey the Property to Kum & Go, L.C. on terms and conditions
consistent with this Ordinance,together with such other additional terms and conditions as the City
Manager, in consultation with the City Attorney, determines are necessary and appropriate to
protect the interests of the City or effectuate the purposes of this Ordinance, including but not
limited to any necessary changes to the legal description of the Property, as long as such changes
do not materially increase the size of the parcel to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 17th day of
January, 2023, and to be presented for final passage on the 7th day of February, 2023.
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Account#: FTC-003160
FORT-COLLINS
i 1 i Invoice Text
0--�A NOTICE IS HEREBY GIVEN that the Fort Collins City Coum
STATE OF COLORADO
COUNTY OF LARiMER
AFFIDAVIT OF PUBLICATION
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said county and state;that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
01/22/23
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to;that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
44 -—
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
22nd of January 2023.
Notary Public
C//
Notary Expires
_ Legal No.0005563990
NICOLE JACOBS
Ad#:0005563990 Notary Public Affidavit Prepared
P O:Legal Notice Sunday,January 22,2023 4:18 am
This is not an invoice State Of WiS60nsin
#of Affidavits:1
#of Affidavits:
NOTICE 15 HEREBY GIVEN that the
Fort Collins City Council, on Tuesday,
January 17, 2023, passed and adopted
the following ordinance(s) on first
reading. The ordinonce(s) will be pre-
senied for final passage on Tuesday,
February 7,2023:
ORDINANCE NO.001,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING FUNDS IN THE
GENERAL FUND
FOP 2023 INCREASES IN SALARY
COMPENSATION FOR
THE MAYOR AND COUNCILMEM-
BERS AS APPROVED
BY THE CITY OF FORT COLLINS
VOTERS ON NOVEMBER 8,2022,BY
THE AMENDMENT OF SECTION 3 IN
ARTICLE II OF THE CITY CHARTER
ORDINANCE NO.002,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PHILANTHROPIC
REVENUE RECEIVED THROUGH
CITY GIVE FOR ACQUISITION OF A
COMMUNITY SOUNDSTAGE
IN THE PARKS DEPARTMENT
ORDINANCE NO.003,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
DECLARING A PORTION OF CITY-
OWNED PROPERTY
AT 835 WOOD STREET AS RIGHT-OF-
-WAY
ORDINANCE NO.004,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE SALE OF THE
REAL PROPERTY LOCATED
AT 945 EAST PROSPECT ROAD TO
KUM&GO,L.C.
ORDINANCE NO.005,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES AND AUTHORIZING TRANS.
FERS OF APPROPRIATIONS FOR
THE 215 NORTH MASON MUNICIPAL
COURT 15-YEAR BUILDOUT DESIGN
AND RELATED ART IN PUBLIC PLA-
CES
ORDINANCE NO.006,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
FOR ELIGIBLE REIMBURSEMENT
TO THE NORTHFIELD DEVELOPER
FOR CONSTRUCTION OF SUNIGA
ROADIMPROVEMENTS
ORDINANCE NO.007,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
REPEALING ORDINANCE NO.114,
2022,REPEALING AND REENACTING
SECTION 29.1 OF THE CODE OF THE
CITY OF FORT COLLINS
TO ADOPT THE LAND DEVELOP-
MENT CODE AND
SEPARATELY CODIFYING THE 1997
LAND USE CODE
AS"2022 TRANSITIONAL LAND USE
REGULATIONS"
ORDINANCE NO.011,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE FORT COLLINS
LAND USE'CODE TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES CONSIS.
TENT WITH THE WIRELESS TELE-
COMMUNICATIONS MASTER PLAN
ORDINANCE NO.012,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CODE OF THE CITY
OF FORT COLLINS TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES IN PUB-
LIC HIGHWAYS CONSISTENT WITH
THE WIRELESSTELECOMMUNICA-
TIONS MASTER PLAN
The full text of the ordinances)can be
found at http;/ffcggv,comfpvblicnotices•
or by calling tiie City Clerk's Office at
970.221.6515.
0005563990
Coloradoon
Jan 22,2023 II
I
A,ccou.UtM : FTC-003160
r.
F®RT-COLLIN,,.
)k
I Invoice Text
' �i I O�A�r NOTICE IS HEREBY GIVEN that the Fort;Collins City Coun
STATE OF COLORADO
COUNTY OF LARIMER
AFFIDAVIT OF PUBLICATION
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
- Collins,in said county and state;that the riofice of advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
02/12/23
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to;that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1.879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
12th of February 2023.
— Notary Public
Notary Expires
Legal No.0005589574
NANCY HEYRMAN
Ad#t:0005589574 Notary U f I C AEfldavit Prepared
P O : Sunday,February 12,202:4:18 am
This is not an invoice State of Wisconsin
'�.-^^T.-a�amcraswessn�.eanr,.x.s,,amnme<:�=aa^acm.�
#of Affidavits:
#E of Affidavits:
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council,on Tuesday,
February 7,2023,passed and adopted
the following ordinance(s)on second
reading:
ORDINANCE NO.001,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING FUNDS IN THE
GENERAL FUND FOR 2023 INCREAS.
ES IN SALARY COMPENSATION FOR
THE MAYOR AND COUNCILMEM-
BERS AS APPROVED BY THE CITY
OF FORT COLLINS VOTERS ON NO.
VEMBER 8,2022,BY THE AMEND-
MENT OF SECTION 3 IN ARTICLE If
OF THE CITY CHARTER
ORDINANCE NO.002,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PHILANTHROPIC
REVENUE RECEIVED THROUGH
CITY GIVE FOR ACQUISITION OF A
COMMUNITY SOUNDSTAGE IN THE
PARKS DEPARTMENT
ORDINANCE NO,003,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
DECLARING A PORTION OF CITY--
OWNED PROPERTY AT 835 WOOD
STREET AS RIGHT-OF WAY _...._... �.. �. _..._......_...... w_......_�_
_ ...._ ... ..... _
ORDINANCE NO.004,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE SALE OF THE
REAL PROPERTY LOCATED AT 945
EAST PROSPECT ROAD TO KUM&
GO,L.C.
ORDINANCE NO,005,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES AND AUTHORIZING TRANS-
FERS OF APPROPRIATIONS FOR
THE 215 NORTH MASON MUNICIPAL
COURT 15-YEAR BUILDOUT DESIGN
AND RELATED ART IN PUBLIC PLA-
CES
ORDINANCE NO,006,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE-
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
FOR ELIGIBLE REIMBURSEMENT
TO THE NORTHFIELD DEVELOPER
FOR CONSTRUCTION OF SUN IGA
ROAD IMPROVEMENTS
ORDINANCE NO.007,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
REPEALING ORDINANCE NO.114,
2022,REPEALING AND REENACTING
SECTION 29-1 OF THE CODE OF THE
CITY OF FORT COLLINS TO ADOPT
THE LAND DEVELOPMENT CODE
AND SEPARATELY CODIFYING THE
1997 LAND USE CODE
AS"2022 TRANSITIONAL LAND USE
REGULATIONS"
OR D I NANCE NO,011,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE FORT COLLINS
LAND USE CODE TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES CONSIS-
TENT WITH THE WIRELESS TELE-
COMMUNICATIONS MASTER PLAN
ORDINANCE NO.012,2023
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CODE OF THE CITY
OF FORT COLLINS TO UPDATE
STANDARDS FOR WIRELESS COM-
MUNICATIONS FACILITIES IN PUB-
LIC HIGHWAYS CONSISTENT WITH
THE WIRELESS TELECOMMUNICA-
TIONS MASTER PLAN
The full text of the ordinance(s)can be
found at http://fcgov.com/publicnotices
or by calling the City Clerk's Office at
970.221.6515.
0005589574
Coloradoan
F E B.12,2023
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