HomeMy WebLinkAbout048 - 05/07/1996 - AUTHORIZING A DEED OF CONVEYANCE FOR THE TRADE OF TRACT A TO DAKOTA RIDGE FOR A STORM DRAINAGE OUTPA ORDINANCE NO. 48, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONVEYANCE
FOR THE TRADE OF TRACT A(4,949 SQUARE FEET)TO DAKOTA RIDGE FOR A
STORM DRAINAGE OUTPARCEL NEEDED FOR THE FOOTHILLS
BASIN REGIONAL CHANNEL PROJECT
WHEREAS,the City's Stormwater Utility purchased land for the Foothills Basin Regional
Channel Project described as Tract A, Dakota Ridge P.U.D., 3rd Filing, in the City of Fort Collins
in 1994 for a storm drainage channel; and
WHEREAS, the storm drainage channel alignment created an outparcel of land on the north
side of the channel which could not be used by its owner ("the Outparcel"); and
WHEREAS,the owner of the Outparcel has further obtained an easement which allows the
City access for channel maintenance purposes (the Access Easement"); and
WHEREAS,the Stormwater Utility has completed the project and no longer has any use for
Tract A; and
WHEREAS, Stormwater Utility Staff has negotiated an agreement with the owner of the
Outparcel whereby the City would convey Tract A in exchange for the Outparcel and the Access
Easement; and
WHEREAS,Tract A is estimated to be approximately equal in value to the Outparcel and
the Access Easement; and
WHEREAS, Section 23-111 (a)of the City Code authorizes the City Council to sell interests
in real property owned in the name of the City, provided that the Council first finds, by ordinance,
that such sale or other disposition is in the best interests of the City; and
WHEREAS, Section 23-111 (b) of the City Code authorizes the City Council to dispose of
real property which is part of the City's water or utility systems provided the Council determines 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
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance by the City of Tract A in exchange for the Outparcel and
Access Easement is in the best interests of the City and will result in the receipt by the City of equal
value for Tract A.
Section 2. That the conveyance of Tract A by the City in accordance with the terms hereof
will not materially impair the viability of the City's Stormwater Utility as a whole.
Section 3. That the Mayor is hereby authorized to execute such documents of conveyance
as are necessary for the City to exchange Tract A for the Outparcel and Access Easement on the
terms and conditions described above.
Introduced, considered favorably on first reading, and orde ublished thi ay of
April, A.D. 1996, and to be presented for final passage on the,7 f`day May, . 199
Mayor J�
ATTEST:
City Clerk �
Passed and adopted on final reading this 7th day of May,, 4996.
Mayor
ATTEST:
" ��
City Clerk