HomeMy WebLinkAbout116 - 02/02/1993 - AUTHORIZING THE SALE OF PROPERTY ON PORTNER ROAD TO POUDRE R-1 SCHOOL DISTRICT FOR $110,268 ORDINANCE NO. 116, 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY
ON PORTNER ROAD TO POUDRE R-1 SCHOOL DISTRICT FOR
THE AMOUNT OF $110,268
WHEREAS, the City of Fort Collins ("the City") is the owner of that certain
parcel of real property located in Larimer County, Colorado, described on the
attached Exhibit "A," comprising approximately 6.8 acres of land adjacent to the
City's Transfort facility ("the Property") ; and
WHEREAS, the City and Poudre School District R-1 ("the District") support
mutual cooperation and joint coordination of public services; and
WHEREAS, the District desires to purchase the Property from the City for
the storage and maintenance of school buses; and
WHEREAS, the purchase price of the Property is One Hundred Ten Thousand Two
Hundred Sixty-eight Dollars ($110,268) and the sale is contingent upon City
Council approval ; and
WHEREAS, the sale of the Property to the District is expressly contingent
upon the District and the City entering into an agreement concerning the joint
use of the City's Transfort facilities; and
WHEREAS, the District will dedicate approximately .8 acres of the Property
to the City for street right-of-way; and
WHEREAS, Section 23-111 of the Code requires that, prior to any sale or
other disposition of real property owned in the name of the City, the City
Council must find, by ordinance, that such sale or other disposition is in the
best interests of the City; and
WHEREAS, Section 23-111 of the Code further requires that, with respect to
real property which is part of the City's Utility System, the City Council must
also find that the disposition will not materially impair the viability of the
particular utility system as a whole and that it will be for the benefit of the
citizens of the City; and
WHEREAS, the Property was purchased by the City's Electric Utility as a
potential substation site but is no longer needed for this or any other Electric
Utility purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the sale and conveyance of the Property to the District
is in the best interests of the City.
Section 2. That the sale will not materially impair the viability of the
City's Electric Utility System and the will be for the benefit of the citizens
of the City.
Section 3. That the Mayor be, and hereby is, authorized to execute an
Agreement of Purchase and Sale of Real Property to sell the Property to the
District for the amount of One Hundred Ten Thousand Two Hundred Sixty-eight
Dollars ($110,268) and to execute a deed conveying the Property to the District
pursuant to the terms of the Agreement; provided, however, that such Agreement
shall require that, (a) all infrastructure improvements determined by the parties
to be reasonably necessary because of the impacts of the development or
redevelopment of the Property shall be paid for by the District; (b) the District
will comply with all improvements and modifications that have been recommended
by the City through its review and comment regarding the District's proposed use
of the Property for a school bus facility; and (c) the conveyance of the Property
shall be subject to a future interest which would entitle the City to regain
title to the Property in the event that the District fails to obtain City
approval of any future change in use of the Property, pursuant to the provisions
of the Land Development Guidance System or such other land use regulations of the
City as may be applicable, notwithstanding any statutory or constitutional
provisions which might otherwise exempt the District from such review processes.
Introduced, considered favorably on first reading, and ordered published this
19th day of January, A.D. 1993, and to be presented for final passage on the 2nd
day of February, A.D. 1993.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of February, A.D. 1993.
Mayor
ATTEST:
City Clerk
EXHIBIT A
A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP
6 NORTH, RANGE 69 WEST OF THE 6TH P.M. , CITY OF FORT COLLINS, COUNTY
OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE SOUTH LINE OF
THE SAID SOUTHEAST 1/4 AS BEARING S 88-27'40" E AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE
BOUNDARY LINES WHICH BEGIN AT THE NORTHWEST CORNER OF TRACT "B",
SOUTH SIDE SERVICE CENTER P.U.D. , PHASE TWO, WHICH BEARS N 00°12' 16"
E 750.01 FEET FROM THE SOUTHWEST CORNER OF THE SAID SOUTHEAST 1/4
AND RUN THENCE N 00012' 16" E 300.00 FEET ALONG THE WEST LINE OF THE
SAID SOUTHEAST 1/4; THENCE S 88°27'40" E 838.32 FEET; THENCE S
01°32'20" W 115.75 FEET; THENCE ALONG THE ARC OF A 564.00 FOOT
RADIUS CURVE TO THE RIGHT A DISTANCE OF 442.96 FEET, THE LONG CHORD
OF WHICH BEARS S 24002'20" W 431 .67 FEET; THENCE N 43°27'40" W 68.00
FEET; THENCE S 46°32'20" W 40.00 FEET TO THE MOST EASTERLY CORNER OF
SAID TRACT "B" ; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT "B",
N 43027'40" W 275.55 FEET AND AGAIN N 88°27'40" W 394.93 FEET TO THE
POINT OF BEGINNING, CONTAINING 6.8551 ACRES, MORE OR LESS.