HomeMy WebLinkAbout119 - 08/15/2006 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT TO PENNY FLATS, LLC ORDINANCE NO. 119, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORING THE CONVEYANCE OF A TEMPORARY
CONSTRUCTION EASEMENT TO PENNY FLATS, LLC
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of Block 33,
Fort Collins, Colorado (the"Property"); and
WHEREAS, City Council approved Ordinance No. 077, 2005 which authorized the sale,
in options, of a portion of the Property to Penny Flats,LLC ("PFL") for its appraised value; and
WHEREAS, on February 24, 2006, PFL entered into an Option Agreement with the City
for the purchase of a portion of Block 33 in order to construct a mixed use development thereon;
and
WHEREAS, in order to construct its project as planned, PFL wishes to acquire a
temporary construction easement over, under, and across Lots 1 through 8, Lots 13 through 16,
the alleyway that is proposed to be vacated by separate ordinance, and the easterly ten feet of
Lots 9 through 12, Block 33, Fort Collins, Colorado (the "TCE"), and
WHEREAS, the TCE would allow PFL to use those portions of Block 33 for construction
access, staging and the location of a temporary sales office; and
WHEREAS, the consideration for this TCE is included in the sale price for the portions
of Block 33 to be acquired by PFL, as approved by Ordinance No. 077, 2005; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the TCE will not have any adverse effect on the Property so long as the easterly ten feet
of Lots 9 through 12 are not used for construction staging; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the
Council first finds by ordinance that any sale or other disposition of real property owned by the
City is in the best interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the conveyance of this Temporary Construction Easement over, under
and across Lots 1 through 8, Lots 13 through 16, the vacated alleyway and the easterly ten feet of
Lots 9 through 12, Block 33, Fort Collins, Colorado, in a manner consistent with the terms of
this Ordinance, is in the best interests of the City of Fort Collins.
Section 2. That, subject to the prior vacation of the alleyway, the Mayor is hereby
authorized to execute such documents of conveyance as are necessary to convey the Temporary
Construction Easement to Penny Flats, LLC upon the terms and conditions as described above,
along with such other terms and conditions as the City Manager, in consultation with the City
Attorney, determines to be in the best interests of the City.
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2006, and to be presented for final passage on the 1 y of August, A.D. 2006.
May r
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of ust, A.D. 2006.
Mayo
ATTEST:
City Clerk