HomeMy WebLinkAbout021 - 03/03/2015 - AUTHORIZING THE CONVEYANCE OF 93 SQUARE FEET OF CITY-OWNED PROPERTY TO LOCO VENTURES LLC ORDINANCE NO. 021, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF 93 SQUARE FEET OF
CITY-OWNED PROPERTY TO LOCO VENTURES LLC
WHEREAS, in 2014 the City acquired various interests in property along North College
Avenue in preparation for the North College Improvements Project - Conifer to Willox; and
WHEREAS, one parcel of property the City acquired (the "City Property") is between
1324 and 1420 North College and is intended to be used as a connection between College
Avenue and a rear access drive east of College Avenue; and
WHEREAS, the City has since learned that a building on the parcel to the south of the
City Property encroaches on the City Property; and
WHEREAS, in order to resolve the encroachment issue the owner of the encroaching
Building, Loco Ventures LLC ("Loco") has offered to purchase a strip of the City Property as
described on Exhibit A, attached hereto and incorporated herein by this reference (the
"Encroachment Parcel"); and
WHEREAS, City staff has evaluated this request and determined that the proposed
conveyance would not affect the City's intended use of the City Property; and
WHEREAS, staff has proposed that Loco be required to pay fair market value of$425 for
the Encroachment Parcel, as well as a $500 administrative fee to offset City staffs time to
process the transaction; and
WHEREAS, City staff is recommending that,the encroachment issue be resolved in this
way; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of any and all interests in real property owned in the name of the
City, provided that the City Council first finds, by ordinance, that such sale or other disposition
is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the conveyance of the
Encroachment Parcel to Loco Ventures LLC, as provided.herein is in the best interests of the
City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Encroachment Parcel on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in
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consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City, including, but not limited to, any necessary changes to the legal description
of the Encroachment Parcel, as long as such changes do not materially increase the size or
change the character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 17th day of
February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015.
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City Clerk
Passed and adopted on final reading on the 3rd day of March, A.D. 2015.
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City Clerk
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Exhibit "A " Page 1 of 1
Legal description of gap between 1324 N College and Parcel recorded at Reception No. 20130061581:
A tract of land situate in the Northwest 1/4 of Section 1, Township 7 North, Range 69 West of the Sixth
P.M., City of Fort Collins, County of Larimer, State of Colorado, which, considering the West line of said
Section 1 as bearing N00°00'00"E and with all bearings contaumed herein relative thereto, is contained
within the boundary lines which begin at a point on the North line of a Parcel as described at Reception
No. 20110043751 which bears N00°00'00"E 3678.00 feet,and again N90°00'00"E 55.00 feet from the
Southwest Corner of said Section 1, and run thence N00°00'00"E 0.58 feet to a point on the South line of
a Parcel described at Reception No. 20130061581; thence along the South line of said Parcel described at
Reception No. 20130061581, N90°00'00"E 160.00 feet to the Southeast Comer of said Parcel as
described at Reception No. 20130061581; thence S00°00'00"E 0.58 feet to the Northeast Corner of a
Parcel as described at Reception No. 20110043751; thence along the North line of said Parcel as
described at Reception No. 20110043751, N90°00'00"W 160.00 feet to the point of beginning, containing
93 square feet, more or less.
Reserving unto the City a permanent utility easement over the West 5.00 feet of the above described tract;
and also reserving unto the City a temporary construction easement over the East 15.45 feet of the West
20.45 feet of the above described tract.
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