HomeMy WebLinkAbout120 - 09/02/1997 - REPEALING ORDINANCE NO. 063, 1997, AND AUTHORIZING THE SALE OF THE REAL PROPERTY KNOWN AS THE JOHNSO ORDINANCE NO. 120, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 63, 1997, AND AUTHORIZING THE SALE
OF THE REAL PROPERTY KNOWN AS THE JOHNSON SID PROPERTY
TO KAUFMAN AND BROAD MULTI-HOUSING GROUP, INC.
WHEREAS, since 1995 the City of Fort Collins has been the owner of the real property
commonly known as the Johnson SID Property which is legally described on Exhibit"A"attached
hereto and incorporated herein by this reference("the Property"); and
WHEREAS, the Property is and has been located in the Heart Special Improvement District
No. 84 ("the SID"); and
WHEREAS, in 1989 assessments were levied on the Property for the cost of construction of
improvements in the SID; and
WHEREAS, in 1990 the owner of the Property failed to pay the assessments when due; 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 for the Property; and
WHEREAS,in 1995 the City obtained ownership of the Property by way of a Sheriffs Deed
received through a judicial foreclosure of the Property; and
WHEREAS, Section 22-97(d) of the Code provides that, if the City is the owner of the
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 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 advertised the Property for sale; and
WHEREAS, in response thereto, the City received two offers to purchase the Property, one
from The Resource Assistance Center ("TRAC") in the amount of three hundred twenty-seven
thousand dollars ($327,000) and one from Kaufman and Broad Multi-housing Group, Inc.
("Kaufman and Broad") in the amount of three hundred ninety thousand dollars ($390,000); and
WHEREAS, after considering both of these offers, on April 15, 1997, the City Council
adopted Ordinance No. 63, 1997, authorizing the sale of the Property to TRAC; and
WHEREAS, since the Council authorized the sale of the Property to TRAC, it has become
clear that TRAC, which has not yet entered into a written contract with the City concerning this
transaction, cannot proceed with its proposed purchase of the Property; and
WHEREAS, the Council has determined that it is now in the best interests of the City for
Ordinance No. 63, 1997, to be repealed and for the City to accept Kaufinan and Broad's offer to
purchase the Property for Three Hundred Ninety Thousand Dollars($390,000); 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 that it first finds the sale is in the best interests of
the City; and
WHEREAS,Section 22-97(h)of the Code describes the manner in which the proceeds of sale
of real properties shall be allocated when the property sold has been acquired as a result of
nonpayment of special improvement district assessments.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Ordinance No. 63, 1997, of the Council of the City of Fort Collins is
hereby repealed.
Section 2. That the sale of the Property to Kaufman and Broad in the amount of three
hundred ninety thousand dollars($390,000)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 3. That the proceeds derived by the City from such sale shall be allocated
according to the provisions of Section 22-97(h) of the Code.
Section 4. That the Mayor be, and hereby is, authorized to execute such documents as
are necessary for the City to sell and convey the Property to Kaufman and Broad in the amount of
three hundred ninety thousand dollars ($390,000) upon such other terms and conditions as are
recommended by the City Manager.
Introduced, considered favorably on first reading, and ordered published this 5th day of
August,A.D. 1997, and to be presented for final passage on the y of September 1997.
Mayor
ATTEST:
S". -
City Clem
Passed and adopted on final reading this 2nd day of Septemb . 1997.
r
ATTEST:
City Clerk
EXHIBIT "A"
A TR IN NW 1/4 SW 1/4 36-7-69 DESC: BEG AT A PT WH BEARS E 1133 .56
FT FROM SW COR OF NW 1/4 SW 1/4, N 49 30' W 145 FT, TH ALG ARC OF
833 .06 FT RAD CUR TO R 392 .57 FT, L/C N 36 W 388 .95 FT, N 22 30' W
324 .48 FT, N 33 30' E 80-. 02 FT, N 65 55' E 104.43 FT, S 85 14' E
514 .90 FT, S 00 01' 53" E 775.17 FT, W 190 FT TPOB (CONT 8 .9884 AC
M/L) (C33NOOE) ALSO A PORTION OF LAND DESC IN RCPTNrJ 87023537 LESS
FT COLLINS RETAIL CENTER PUD, FTC EX 87069402 LESS SUPER BLOCK
HOLDING PHASE I, FTC & 86012669 FOR RD; & 88054452;
WHICH ABOVE-DESCRIBED REAL PROPERTY IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
A tract of land located in the Southwest Quarter of Section 36,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being more
particularly described as follows: .
Considering the West line of the said Southwest Quarter of Section
36 as bearing South 00 degrees 02101" East and with all bearings
contained herein relative thereto:
Commencing at the West Quarter corner of said Section 36; thence
along the said West line, South 00 02101" East 1322 .96 feet to the
Southwest corner of the North half of the said Southwest Quarter;
thence along the South line of the said North half, North 89 56140"
East 1225 . 92 feet to the Easterly Right-of-way of J.F.K. Parkway as
dedicated at Reception No. 86012669 , records' of the Clerk and
Recorder of the said Larimer County and to the TRUE POINT OF
BEGINNING of this description: thence continuing along the said
South line of the North half, North 89 56140" East 97 .80 feet to
the West boundary of the Plat of Somerset P.U.D. a plat of record
with the said Clerk and Recorder; thence along the said West
boundary North 00 03143" West 667 .63 feet to the Southerly Right-
of-way of Troutman Parkway as dedicated at the said Reception No.
86012669 ; thence along the said Southerly Right-of-way, South 77
34109" West 271. 93 feet; thence continuing along the said Southerly
Right-of-way, 33 . 16 feet along the are of a curve concave to the
Southeast having a central angle of 95 00100" a radius of 20.00
feet, the long chord of the said curve bears South 30 04'09" West
29 . 49 feet to the said Easterly Right-of-way of J.F.K. Parkway;
thence along the said Easterly Right-of-way, South 17 25151" East
611.76 feet to the Point of Beginning.