HomeMy WebLinkAbout017 - 02/15/2011 - AUTHORIZING THE CONVEYANCE OF A PARCEL OF STORMWATER UTILITY PROPERTY TO PS POUDRE RIVER, LLC (POSTP ORDINANCE NO. 017, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PARCEL O/alongthe
STORMWATER UTILITY PROPERTY
TO PS POUDRE RIVER, LLC
WHEREAS, the City is the owner of a parcel of real property locans,
Colorado, identified in County records as parcel number 97122-00-973, locatdre
River adjacent to Linden Street (the "City Property"); and
WHEREAS, the City Property was purchased in 2004 by the City's Stormwater Utility to
construct flood control improvements including a levee; and
WHEREAS, City staff determined that the entire City Pr perty was not needed for the
construction of the levee, leaving a small parcel of unusable property as described on Exhibit"A",
attached and incorporated herein (the "Remnant Parcel"); and
WHEREAS, PS Poudre River, LLC (the `Buyer owns the parcel adjacent to the City
Property(the"Buyer's Property")and has expressed intere t in purchasing the Remnant Parcel;and
WHEREAS, the Buyer will compensate th City $2,500 and grant the City an access
easement elsewhere on the Buyer's Property to access the levee; and
WHEREAS, City staff has identified o negative impacts to the City resulting from the
conveyance of the Remnant Parcel; and
WHEREAS, at its regular mee ' g on January 20, 2011, the Water Board voted to
recommend approval of the conveyanc described herein; and
WHEREAS, Section 23-11Y of the City Code provides that the City Council is authorized
to sell,convey, or otherwise dispe e of real property owned by a City Utility,provided the Council
first finds by ordinance that suc sale or other disposition will not materially impair the viability of
the affected utility system as hole and that it will be for the benefit of the citizens of the City will
be for the benefit of the C/i s citizens and in the best interest of the City.
NOW, THERE RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows
Section I. That the conveyance of the Remnant Parcel to PS Poudre River, LLC as
provided herein ill not materially impair the viability of the affected utility system as a whole and
will be for the enefit of the citizens of the City and in the best interest of the City.
Se on 2. That the Mayor is hereby authorized to execute such documents as are
necessar}� o convey the Remnant Parcel to PS Poudre River, LLC., on terms and conditions
POSTPONED INDEFINITELY
ON FIRST READING
consistent with this Ordinance, together with such additional terms and cond?thisl
City
Manager, in consultation with the City Attorney,determines are necessary or appotect
the interests of the City,including,but not limited to,any necessary changes to thetions
of the easements,as long as such changes do not materially increase the size or chacter
of the easements.
Introduced, considered favorably on first reading, and ordered publis eay of
February, A.D. 2011, and to be presented for final passage on the 1st day o arch, A.D. 2011.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the st day of March, A.D. 2011.
Mayor
ATTEST:
City Clerk
POSTPONED INDEFINITELY _
ON FIRST READING