HomeMy WebLinkAbout079 - 07/20/1993 - AUTHORIZING THE SALE OF A TRACT IN THE CUNNINGHAM CORNER PUD TO SHIELDS STREET CORPORATION ORDINANCE NO. 79, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE TO THE SHIELDS STREET CORPORATION
OF REAL PROPERTY DESCRIBED AS A TRACT IN
THE CUNNINGHAM CORNER PUD
WHEREAS, on June 5, 1984, the Council of the City of Fort Collins (the
"Council ") authorized the creation of the Cunningham Corner Special Improvement
District M82 (the "District") for the purpose of installing street, water, and
wastewater improvements within the District; and
WHEREAS, on November 4, 1986, assessments were levied on property in the
District for the cost of construction of the improvements; and
WHEREAS, the owner of a tract designated for commercial use in Cunningham
Corner PUD, which is generally described on Exhibit "A" attached hereto and
incorporated herein by this reference as (the "Property") , failed to pay the
first installment due in October of 1988; and
WHEREAS, in accordance with Section 22-97 of the Code of the City of Fort
Collins, the Property was advertised and sold by the Larimer County Treasurer at
the 1989 tax sale and a tax certificate of purchase was issued to the City; and
WHEREAS, the City subsequently obtained a deed in lieu of foreclosure from
the owner of the Property; 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 has issued a request for bids
seeking buyers for the Property; and
WHEREAS, in response thereto, the highest offer received by the City to
date is from Shields Street Corporation in the amount of Two Hundred and Sixty
Thousand Dollars ($260,000) for the Property; and
WHEREAS, the City and Shields Street Corporation have entered into an
Agreement of Purchase and Sale of Real Property dated June 28, 1993 ("the
Agreement") , pursuant to which the City has agreed to sell the Property to the
Shields Street Corporation for Two Hundred and Sixty Thousand Dollars (b260,000)
contingent upon Council approving the Agreement by ordinance on second reading
on or before July 20, 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 Shields Street Corporation
pursuant to the Agreement for the sum of Two Hundred and Sixty Thousand Dollars
($260,000) 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 the 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 6th day of July, A.D. 1993, and to be presented for final assage on t
20th of July, A.D. 1993.
or
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of J D. 19
--Mayor
ATTEST: �^
T
City Clerk
EXHIBIT A
1, Gal Property. The real estate which is
the subject matter of this Agreement, is that certain parcel of
real property located in the County of Larimer, State of Colorado,
which real property is legally described as follows: .
PARCEL is
A portion of the Southwest Quarter of Section 26, Township 7
North, Range 69 West of the Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado being described as
follows:
BEGINNING at the Southwest corner of the Southwest Quarter of
said Section 26, and considering the Westerly line of said
Southwest Quarter to bear North 00 degrees 27 minutes 27
seconds West with all bearings contained herein relative
thereto;
thence North along said Westerly line North 00 degrees 27
minutes 27 seconds West, 64.81 feet;
thence departing said Westerly line North 89 degrees 32
minutes 33 seconds East, 50.00 feet to the Easterly right of
way line of Shields Street and the TRUE POINT OF BEGINNING of
this description;
thence North along said Easterly line North 00 degrees 27
minutes 27 seconds West, 387.19 Peet;
thence departing said Easterly line North 89 degrees 32
minutes 33 seconds East, 167.80 feet;
thence North 00 degrees 27 minutes 27 seconds West, 23.25
feet;
thence North 89 degrees 32 minutes 33 seconds East, 128.32
feet;
thence along a curve to the left having a delta of 44 degrees
te an arc of
242.18 feet and a Icing �00 e
chord which bearsNorth67 degrees 05
minutes 23 seconds East 236.03 fast;
thence south 45 degrees 21 minutes 47 seconds East, 244.21
feet;
thence South 44 degrees, 38 minutes 13 seconds West, 223.02
feet;
thence South. 00 degrees 17 minutes. 16 seconds East, 186.70
feet tQ the North right of way line of Horsatooth Road;
thenamo,gesterly along said Northerly line South 89 degrees 42
minuteae 44� ssconds West, 513.19 feet;
thnoekalong a curve to the right having a delta o! 89 degrees
49 minutsex4% seconder a radius of 15 feet, an arc of 23 .52
utes
feet
seco seconds Waste 18 feet tohord which thePOINT OF BEGINNING Ofrs North 45 degrees 22 this
22 this
description. _
convenience
StoreeT, say ortion Planned Unit iDev lapin nt,ned in plat o at cunningham: Corner
records* January 13, 1986 ,as Reception No. 86002162.