HomeMy WebLinkAbout080 - 08/03/1993 - AUTHORIZING THE SALE OF A PORTION OF TRACT D OF FAIRBROOKE PUD TO POUDRE SCHOOL DISTRICT R-1 ORDINANCE NO. 80, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE TO POUDRE SCHOOL DISTRICT R-1 OF
REAL PROPERTY DESCRIBED AS A PORTION OF
TRACT D OF FAIRBROOKE PUD
WHEREAS, on October 18, 1983, the Council of the City of Fort Collins (the
"Council") authorized the creation of the Fairbrooke Special Improvement District
#79 (the "District") for the purpose of installing street, water, and wastewater
improvements within the District; and
WHEREAS, on March 4, 1986, assessments were levied on property in the
District for the cost of construction of the improvements; and
WHEREAS, the owner of Tract D of Fairbrooke PUD ("Tract D") failed to pay
the first installment due in October of 1987; and
WHEREAS, in accordance with Section 22-97 of the Code of the City of Fort
Collins, Tract D of Fairbrooke PUD was advertised and sold by the Larimer County
Treasurer at the 1988 tax sale and tax certificates of purchase were issued to
the City; and
WHEREAS, the City subsequently obtained a Treasurer's Deed to Tract D; and
WHEREAS, Section 22-97(d) of the Code provides that, if the City is the
owner of property acquired in satisfaction or discharge of liens represented by
certificates of purchase, it may sell such property for the best price obtainable
at public sale or auction or by sealed bids or by such other method of sale which
may be approved by the City Council ; and
WHEREAS, on May 19, 1992, the Council adopted a Sales Policy for Property
Acquired Through or in Lieu of Special Assessment Lien Foreclosure Process ("the
Policy") ; and
WHEREAS, pursuant to the Policy, the City offered the Property for sale to
the public through an RFP process and contacted local governmental agencies
seeking buyers for all or any portion of Fairbrooke PUD; and
WHEREAS, in response thereto, the City received two offers for the
Property, the higher offer being from the District in the amount of Forty-five
Thousand Five Hundred Eighty Dollars ($45,580) for that portion of Tract D which
is legally described on Exhibit "A" attached hereto and incorporated herein by
this reference ("the Property") ; and
WHEREAS, the District's offer of Forty-five Thousand Five Hundred Eighty
Dollars ($45,580) for the Property will cover all the City's costs in the
Property through the date of closing; and
WHEREAS, the City and the District have entered into an Agreement of
Purchase and Sale of Real Property dated June 29, 1993 ("the Agreement") ,
pursuant to which the City has agreed to sell the Property to the District for
$45,580, contingent upon Council approving the Agreement by ordinance on second
reading on or before August 3, 1993; and
WHEREAS, under Section 23-111(a) of the Code, the Council is authorized to
sell real property owned in the name of the City, provided it first finds the
sale is in the best interest of the City; and
WHEREAS, Section 22-97(e) of the Code describes the manner in which the
proceeds of sale of real properties should be allocated when the property sold
has been acquired through the foreclosure of a special assessment lien.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the sale of the Property to Poudre School District R-1 for
the sum of Forty-five Thousand Five Hundred Eighty Dollars ($45,580) is in the
best interests of the City and that said amount is the best price obtainable by
the City for the Property and represents the fair market value thereof.
Section 2. That the proceeds derived by the City from such sale shall be
allocated according to the provisions of Section 22-97(e) of the Code.
Section 3. That the Agreement is hereby approved by Council , and the Mayor
is hereby authorized to execute such deeds and instruments of conveyance as are
necessary for the City to sell and convey the Property on the terms and
conditions set forth in the Agreement.
Introduced, considered favorably on first reading and ordered published
this 20th day of July, A.D. 1993, and to be presented f r final passage of►—�he
3rd day of August, A.D. 1993.
r
ATTEST:
Oa
City Clerk k1l
Passed and adopted on final reading this 3rd d o August, 19
ATTEST: Mayor
City Clerk
EXHIBIT "A"
DESCRIPTION OF THE SCHOOL PORTION (REVISED) OF TRACT D FAIRBROOKE
SID
A tract of land located in the north one half of Section 21
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also a portion of Tract D of Fairbrooke SID a Plat of record with
the Clerk and Recorder of the said Larimer County more particularly
described as follows;
Commencing at the northeast corner of the said Tract D, the said
northeast corner is on the existing 50.00 feet wide southerly right
of way of West Prospect Road and is also the TRUE POINT OF
BEGINNING of this description;
THENCE along the east line of the said tract D, South 01
degrees 13 minutes 57 seconds West for a distance of 185. 05 feet;
THENCE leaving the said east line, North 88 degrees 46 minutes
03 seconds West for a distance of 220.00 feet;
THENCE South 01 degrees 13 minutes 57 seconds West for a
distance of 31.95 feet;
THENCE North 65 degrees 25 minutes 05 seconds West for a
distance of 199.32 feet;
THENCE North 40 degrees 56 minutes 16 seconds West for a
distance of 79.22 feet;
THENCE North 01 degrees 13 minutes 57 seconds East for a
distance of 79.29 feet to the said north line of Tract D;
THENCE along the said north line, South 88 degrees 46 minutes
03 seconds East for a distance of 456. 18 feet to the point of
beginning. Containing 78970 square feet or 1.813 acres.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description and areas are based upon previously
recorded plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497 go
P.O. BOX 580 FORT COLLINS, CO 80522 �,GE CAS.
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