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HomeMy WebLinkAbout004 - 02/07/2023 - AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 945 EAST PROSPECT ROAD TO KUM & GO, L.C. ORDINANCE NO. 004, 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 945 EAST PROSPECT ROAD TO KUM& GO,L.C. WHEREAS, the City has owned the real property located at 945 East Prospect Road (the "Property") since 1991; and WHEREAS, the Property was purchased as part of an intersection improvement project at East Prospect Road and Lemay Avenue,which included plans to construct an eastbound right turn lane on East Prospect Road; and WHEREAS, the right turn lane was to be constructed as part of the proposed commercial redevelopment of the southwest corner of the intersection, but the redevelopment never occurred and the right turn lane was not constructed; and WHEREAS, since acquiring the Property the City has leased the residence located on it and the current tenant is residing on the Property under a month-to-month tenancy; and WHEREAS, Kum& Go, L.C., an Iowa limited liability company ("Kum& Go"), intends to redevelop the gas station located at the southwest corner of East Prospect Road and Lemay Avenue, and plans to expand the footprint of the gas station to properties directly west, including a portion of the Property; and WHEREAS, Kum & Go has submitted plans to the City for the redevelopment, which include the construction of the right turn lane on East Prosect Road,and an Administrative Hearing Officer conditionally approved the project on December 11, 2022; and WHEREAS, because of Kum & Go's redevelopment plans, City staff negotiated directly with Kum & Go for the sale of the Property at fair market value of$403,000 and did not market the property for sale to the general public; and WHEREAS, were the City to keep the Property, the City's current or future uses of the Property would require incurring ongoing maintenance costs and some liability; and WHEREAS, the City's current or future identified uses of the Property are outweighed by the benefit to the community from the redevelopment of the gas station property and the construction of the right turn lane; and WHEREAS, City staff is recommending the Property be sold and the proceeds be placed in the General Fund for use as Council sees fit; and WHEREAS,the City Manager and Kum&Go executed a purchase and sale agreement on November 3, 2022, which remains contingent upon: (1) approval of the sale by City Council through final adoption of this Ordinance; and (2) approval of the final development plans by city staff; and WHEREAS, upon closing of the conveyance, the month-to-month lease will be assigned to Kum&Go; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey,or otherwise dispose of any interests in real property owned by the City,provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property interests must be for an amount equal to or greater than the fair market value of such interests unless the City Council determines that such sale or lease serves a bona fide public purpose based on the five factors listed in Section 23-114; and WHEREAS, the City Council finds that the sale is in the best interests of the City and its citizens in that it will eliminate the City's ongoing maintenance responsibilities and liability risk, generate fair market sales proceeds that can be used to advance City Council priorities, and allow the Property to be utilized in its highest and best use as determined by the marketplace. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the sale of 945 East Prospect Road to Kum& Go,L.C. as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute a deed and such other documents as are necessary to convey the Property to Kum & Go, L.C. on terms and conditions consistent with this Ordinance,together with such other additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary and appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including but not limited to any necessary changes to the legal description of the Property, as long as such changes do not materially increase the size of the parcel to be conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of January, 2023, and to be presented for final passage on the 7th day of February, 2023. or ATTEST: ' SORT 0. A, City Clerk U Z5� COLO�P Passed and adopted on final reading on the 7th d Ac ofF 0 3. / yor ATTEST: pia :i u . e �- woueoo Account#: FTC-003160 FORT-COLLINS i 1 i Invoice Text 0--�A NOTICE IS HEREBY GIVEN that the Fort Collins City Coum STATE OF COLORADO COUNTY OF LARiMER AFFIDAVIT OF PUBLICATION CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 01/22/23 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. 44 -— Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 22nd of January 2023. Notary Public C// Notary Expires _ Legal No.0005563990 NICOLE JACOBS Ad#:0005563990 Notary Public Affidavit Prepared P O:Legal Notice Sunday,January 22,2023 4:18 am This is not an invoice State Of WiS60nsin #of Affidavits:1 #of Affidavits: NOTICE 15 HEREBY GIVEN that the Fort Collins City Council, on Tuesday, January 17, 2023, passed and adopted the following ordinance(s) on first reading. The ordinonce(s) will be pre- senied for final passage on Tuesday, February 7,2023: ORDINANCE NO.001,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING FUNDS IN THE GENERAL FUND FOP 2023 INCREASES IN SALARY COMPENSATION FOR THE MAYOR AND COUNCILMEM- BERS AS APPROVED BY THE CITY OF FORT COLLINS VOTERS ON NOVEMBER 8,2022,BY THE AMENDMENT OF SECTION 3 IN ARTICLE II OF THE CITY CHARTER ORDINANCE NO.002,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR ACQUISITION OF A COMMUNITY SOUNDSTAGE IN THE PARKS DEPARTMENT ORDINANCE NO.003,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING A PORTION OF CITY- OWNED PROPERTY AT 835 WOOD STREET AS RIGHT-OF- -WAY ORDINANCE NO.004,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 945 EAST PROSPECT ROAD TO KUM&GO,L.C. ORDINANCE NO.005,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES AND AUTHORIZING TRANS. FERS OF APPROPRIATIONS FOR THE 215 NORTH MASON MUNICIPAL COURT 15-YEAR BUILDOUT DESIGN AND RELATED ART IN PUBLIC PLA- CES ORDINANCE NO.006,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR ELIGIBLE REIMBURSEMENT TO THE NORTHFIELD DEVELOPER FOR CONSTRUCTION OF SUNIGA ROADIMPROVEMENTS ORDINANCE NO.007,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ORDINANCE NO.114, 2022,REPEALING AND REENACTING SECTION 29.1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE LAND DEVELOP- MENT CODE AND SEPARATELY CODIFYING THE 1997 LAND USE CODE AS"2022 TRANSITIONAL LAND USE REGULATIONS" ORDINANCE NO.011,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE'CODE TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES CONSIS. TENT WITH THE WIRELESS TELE- COMMUNICATIONS MASTER PLAN ORDINANCE NO.012,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES IN PUB- LIC HIGHWAYS CONSISTENT WITH THE WIRELESSTELECOMMUNICA- TIONS MASTER PLAN The full text of the ordinances)can be found at http;/ffcggv,comfpvblicnotices• or by calling tiie City Clerk's Office at 970.221.6515. 0005563990 Coloradoon Jan 22,2023 II I A,ccou.UtM : FTC-003160 r. F®RT-COLLIN,,. )k I Invoice Text ' �i I O�A�r NOTICE IS HEREBY GIVEN that the Fort;Collins City Coun STATE OF COLORADO COUNTY OF LARIMER AFFIDAVIT OF PUBLICATION CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort - Collins,in said county and state;that the riofice of advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 02/12/23 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1.879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 12th of February 2023. — Notary Public Notary Expires Legal No.0005589574 NANCY HEYRMAN Ad#t:0005589574 Notary U f I C AEfldavit Prepared P O : Sunday,February 12,202:4:18 am This is not an invoice State of Wisconsin '�.-^^T.-a�amcraswessn�.eanr,.x.s,,amnme<:�=aa^acm.� #of Affidavits: #E of Affidavits: NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on Tuesday, February 7,2023,passed and adopted the following ordinance(s)on second reading: ORDINANCE NO.001,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING FUNDS IN THE GENERAL FUND FOR 2023 INCREAS. ES IN SALARY COMPENSATION FOR THE MAYOR AND COUNCILMEM- BERS AS APPROVED BY THE CITY OF FORT COLLINS VOTERS ON NO. VEMBER 8,2022,BY THE AMEND- MENT OF SECTION 3 IN ARTICLE If OF THE CITY CHARTER ORDINANCE NO.002,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH CITY GIVE FOR ACQUISITION OF A COMMUNITY SOUNDSTAGE IN THE PARKS DEPARTMENT ORDINANCE NO,003,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING A PORTION OF CITY-- OWNED PROPERTY AT 835 WOOD STREET AS RIGHT-OF WAY _...._... �.. �. _..._......_...... w_......_�_ _ ...._ ... ..... _ ORDINANCE NO.004,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF THE REAL PROPERTY LOCATED AT 945 EAST PROSPECT ROAD TO KUM& GO,L.C. ORDINANCE NO,005,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES AND AUTHORIZING TRANS- FERS OF APPROPRIATIONS FOR THE 215 NORTH MASON MUNICIPAL COURT 15-YEAR BUILDOUT DESIGN AND RELATED ART IN PUBLIC PLA- CES ORDINANCE NO,006,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE- SERVES IN THE TRANSPORTATION CAPITAL EXPANSION FEE FUND FOR ELIGIBLE REIMBURSEMENT TO THE NORTHFIELD DEVELOPER FOR CONSTRUCTION OF SUN IGA ROAD IMPROVEMENTS ORDINANCE NO.007,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ORDINANCE NO.114, 2022,REPEALING AND REENACTING SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE LAND DEVELOPMENT CODE AND SEPARATELY CODIFYING THE 1997 LAND USE CODE AS"2022 TRANSITIONAL LAND USE REGULATIONS" OR D I NANCE NO,011,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE CODE TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES CONSIS- TENT WITH THE WIRELESS TELE- COMMUNICATIONS MASTER PLAN ORDINANCE NO.012,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO UPDATE STANDARDS FOR WIRELESS COM- MUNICATIONS FACILITIES IN PUB- LIC HIGHWAYS CONSISTENT WITH THE WIRELESS TELECOMMUNICA- TIONS MASTER PLAN The full text of the ordinance(s)can be found at http://fcgov.com/publicnotices or by calling the City Clerk's Office at 970.221.6515. 0005589574 Coloradoan F E B.12,2023 I i i