HomeMy WebLinkAbout013 - 02/09/2016 - AUTHORIZING THE CONVEYANCE OF CITY PROPERTY AT COLLEGE AVENUE AND PROSPECT ROAD TO COLORADO STATE UN ORDINANCE NO. 013, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CITY PROPERTY
AT COLLEGE AVENUE AND PROSPECT ROAD
TO COLORADO STATE UNIVERSITY
WHEREAS, the City is the owner of a parcel of real property located at the northwest
corner of the intersection of College Avenue and Prospect Road in Fort Collins, and described in
the records of the Larimer County Assessor as Parcel Number 97144-11-910 (the "City
Property"); and
WHEREAS, the City Property was purchased for right-of-way purposes in 1995 as part
of the College Avenue/Prospect Road Choices 95 Project; and
WHEREAS, City staff has determined that a portion of the City Property approximately
1685 square feet in size (the "Remnant Parcel") is not needed for current or future right-of-way
or other City purposes; and
WHEREAS, the Remnant Parcel is more specifically described on Exhibit "A", attached
and incorporated herein by reference; and
WHEREAS, Colorado State University ("CSU") is developing a medical center on
property that surrounds the City Property to the north and west; and
WHEREAS, the City wishes to convey the Remnant Parcel to CSU so that the City
will no longer have any obligations with respect to the Remnant Parcel; and
WHEREAS,'the City would reserve a utility easement across the Remnant Parcel at the
time of conveyance; and
WHEREAS, City staff is recommending that the Remnant Parcel be conveyed to CSU at
a nominal cost of ten dollars; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of real property owned by the City, provided that the City Council
first finds, by ordinance, that such sale or disposition will be in the best interests of the City; and
WHEREAS, Section 23-114 of the City Code provides that any sale, lease or other
conveyance of property interests approved under Subsection 23-111(a) must be for an amount
equal to or greater than the fair market value of such interest unless the City Council determines
that such sale or lease serves a bona fide public purpose because:
(1) The use to which the property will be put promotes health, safety or general
welfare and benefits a significant segment of the citizens of Fort Collins;
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(2) The use to which the property will be put supports one (1) or more of the City
Council's goals, adopted policies,projects or plans;
(3) The financial support provided by the City through the below-market disposition
of the property will be leveraged with other funding or assistance;
(4) The sale or lease will not result in any direct financial benefit to any private
person or entity, except to the extent such benefit is only an incidental
consequence and is not substantial relative to the public purpose being served; and
(5) Selling or leasing the property for less than fair market rent will not interfere with
current City projects or work programs, hinder workload schedules or divert
resources needed for primary City functions or responsibilities;
and
WHEREAS, City staff believes a below market purchase price for the conveyance of the
Remnant Parcel to CSU serves a bona fide public purpose because: (1) it will relieve the City of
maintenance and other obligations for the property, and create consistent right-of-way and
easement lines along Prospect Road; (2) as part of its development, CSU will be required to
build on the Remnant Parcel public improvements that,support the City's planned College and
Prospect Intersection Improvement Project; (3) CSU's project will be supported mainly be other
funding, and the value of the Remnant Parcel to CSU's project is not significant; (4) the sale will
not result in a direct financial benefit to any private person or entity except as an incidental
consequence to the public purpose served; and (5) selling the property for less than fair market
value will not interfere with current City projects or work programs, hinder workload schedules
or divert resources needed for primary City functions or responsibilities.
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 conveyance of the Remnant
Parcel to CSU as provided herein is in the best interests of the City and serves a bona fide public
purpose.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Remnant Parcel to CSU on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines to be necessary or appropriate to protect the
interests of the City, including, but not limited to, any necessary changes to the legal description
of the Remnant Parcel, as long as,such changes to not materially increase the size or change the
character of the property interest to be conveyed.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
January, A.D. 2016, and to be presented for final passage on the 9th day of February, A.D. 2016.
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Passed and adopted on final reading on the 9th day of February, A.D. 2016.
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Exhibit"A" EXHIBIT A
Page I of 2
PROPERTY DESCRIPTIO`'
A parcel of land being a portion of Lot 10,Block I of the G.F. Wiard's Addition to the City of Fort
Collins recorded October 31. 1921 as Reception No. 231427 of the Records of Larimer County
Recorders.situate in the Southeast Quarter of Section Fourteen(14),Township Seven North
(T"7N.). Range Sixty-nine West(R.69W.)of the Sixth Principal\Meridian(6th P.M.).City of Fort
Collins,County of Larimer. State of Colorado and being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 14 and assuming the East line of the
Southeast Quarter ofsaid Section 14 as bearing North 00°00'3 3••East being a Grid Bearing ofthe
Colorado State Plane Coordinate System.North Zone.North American Datum 198 12007.a
distance of 2656.51 feet with all other bearings contained herein relative thereto:
THENCE Nortli 00'00'33" East alon-the East line of the Southeast Quarter of said Section 14 a
distance of 79.99 feet'
THENCE:North 89°41*55"West a distance.of 55.00 feet to the Northeast corner of said 1_ot 10.
Block l:
THENCE North 89141'55"West along the North line of said Lot 10. Block I a distance of 45.69
feet to the POINT OF BEGINNING.
THENCE South 26°11'27'•West a distance of 14.33 feet:
THENCE North 891,38'50"West a distance of 128.12 feet to the Easterly Right of Way line of the
20 foot',vide alley adjoining to said Lot 10,Block 1:
THENCE North 00°00.17 Nest alone said Easterly Right of Way line a distance of 12.75 feet to
the North line of said Lot 10.Block I:
THENCE South S9141'55"East along the North line of said Lot 10.Block I a distance of 134.44
feet to the POINT OF BEGINNING.
Said described parcel of land contains 1,685 square feet or 0.039 acres.more or less(�).
SURVEYORS STATEINIENT
1,Steven A. Lund.a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking.and that it is true
and correct to the best of my knowledge and belief.
7 �� cta Q
34995 cr
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ss:•• .•;vim
Steven A. Lund -on behalf of Kin_Surveyors
Colorado Registered Professional
Land Surveyor n34995
KING SURVEYORS
650 Garden Drive
Windsor,Colorado 50-50
(970)686-5011
\A_t11a9»I•BIPRGP L1f SCCrfS'OI I'C 1'ItOP I}i tiG?_I i•IG-201S,de Pagr 1 of i
CITY OF FORT COLLINS T�VAT T PORTION OF LOT 10. BLOCK 1
REMAINING PROPERTY EXHIBIT A G.F. WIARD'S ADDITION
EAST QUARTER CORNER
SECTION 14. T.7N., R.69W.
4'1
'a
N
L•'
1 55
01006 5 I o �r
,of EJ RIGHT OF WAYCollAOD POINT OF REC. N0. 95001392 z
o BEGINNING
N
V S89'41'55'E 134.44' N89'41'55'W N89 41'S5"V1 _ z —A45.69' `A T55.00' c
a
N89"38'50"W 128.12' Of o
QG.F. {io?ARDS ADD/770' A 9Tgla Bloa Dm�`, I L,
RIGHT OF WAY
REC, NO. 85034873 &
30' REC. NO. 85034874
WEST PROSPECT ROAD
SOUTHEAST CORNER
SECTION 14, T.7N., R.69W.
POINT OF COMMENCEMENT
LINE TABLE
LINE BEARING LENGTH
L1 S26-11'27-W 14.33'
L2 NOO.00.17`W 12.78'
40 20 0 40
1'= 40'
nG LIr
l�y,•4`�' rim•,
34995 ::
Steven A. Lund — On Behalf Of King Surveyors
Colorado Registered Professional
Land Surveyor #34995
NOTE: This exhibit drawing is not intended to be a monumented,land survey. It's sole purpose is
as a graphic representation to cid in the visualization of the written property description which it
accompanies. The written Property description supersedes the exhibit drawing.
NOTICE: According to Colorado low you must commence any legal action based upon any defect
in this survey within three years after you first discover such defect. In no event may any action
based upon any defect in this survey be commenced more than ten years from the dote of the
certification shown hereon. (13-80-105 C.R.S. 2012)
DING SURVEYORS PROJECT NO:2014941-B
GSO 1 .Ga dc»Dm c I \\rindsnr.Colorndo 8035 DATE: 11/16/20150 CLIENT:CSU
phanc(970)656-5011 1 fax:(970)6S4-5S21 DWG'24149416—EXH—A
u�tinr.kingsuc.c}ors.a�m DRAWN:CSK CHECKED:SAL
Account#: FTC-003160
FORT•COLLI\S
Invoice Text
OAN, NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7
STATE OF COLORADO )
)ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council, on Tuesday,
February 9, 2016, passed and adopted
the following ordinances on second
rending:
Andrew Troncoso being duly sworn, deposes and says that said is the legal clerk of the Fort
ORDINANCE NO.011,2016
O OF THE COUNCIL F THE CITY OF Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and
FORT COLLINS published in the City of Fort Collins, in said count and state; that the notice or advertisement, of
CODE AMENDING CHAPTER 14 OF THE P tY Y
OF THE CITY OF FORT
COLLINS
which the annexed is a true copy,has been published in said daily newspaper for
REGARDING LANDMARK PRESER-
VATION 1 Day;
ORDINANCE NO.012,2016
OF THE COUNCIL OF THE CITY OF
FORT COLLINS that the notice was published in the regular and entire issue of every number of said newspaper
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN during the period and time of publication of said notice, and in the newspaper proper and not in a
THE RECREATION FUND FOR THE
ADAPTIVE RECREATION supplement thereof; that the first publication of said notice was contained in the issue of Said
OPPORTUNITIES PROGRAM 0R
PARALYMPIC SPORT CLUB newspaper
ORDINANCE NO.013,2016
OF THE COUNCIL OF THE CITY OF Sunday,February14,2016
FORT COLLINS
AUTHORIZING THE CONVEYANCE
OF CITY PROPERTY that the last publication thereof was contained in the issue of said newspaper on
AT COLLEGE AVENUE AND
PROSPECT ROAD
TO COLORADO STATE UNIVERSITY Sunday,February 14,2016
ORDINANCE NO.014,2016
OF THE COUNCIL OF THE that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED period of at least six months next prior to the first publication of said notice or advertisement above
PROPERTY AT COLLEGE
AVENUE AND PROSPECT ROAD AS referred to; that said newspaper has been admitted to the United States malls as second-class
ROAD RIGHT-OF-WAY matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said
The full text of these ordinances can be
found at http://fcgov.com/publicnotices newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements
or by calling the City Clerks Office at 970-221-6515. within the meaningof the laws of the State of Colorado.
1049437
Coloradoan
Feb 14,2016
Legal Clerk
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
Monday,February 15,2016 7NOTARY
ONNAMARYLAMAR
LIC•STATE OF COLORADO
My Commission expires September 3,2019 tification#20154035099
es September 3,2019
Nntary Public
Legal No.0001049437
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
FORT COLLINS,CO 80521 Monday,February 15,2016
10:15 am
%,We
Account#: FTC-003160
FORT-COLLINS
/ I Invoice Text
___0_� i_1N NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I
STATE OF COLORADO )
)ss: AFFIDAVIT OF PUBLICATION
Legal Notices COUNTY OF LARIMER )
NOTICE IS HEREBY GIVEN that the
JaryI1i9216C s on Tuesday,
nu 1 0 , Psed and adopted Andrew Troncoso ,being duly swom,deposes and says that said is the legal clerk of the Fort Collins
the following ordinances on first
reading. These ordinances will be pre- Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of
2016ed for final Passage on February 2, Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,
ORDINANCE NO.011,2016 has been published in said daily newspaper for
OF THE COUNCIL OF THE CITY OF
FORT COLLINS I Day;
AMENDING CHAPTER 14 OF THE
CODE OF THE CITY OF FORT
COLLINS
REGARDING LANDMARK PRESER- that the notice was published in the regular and entire issue of every number of said newspaper during the
VATION
ORDINANCE NO.012,2016 period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof;
OF THE COUNCIL OF THE CITY OF that the first publication of said notice was contained in the issue of said newspaper on
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN
THE ADAPTIVREATION E D FOR THE
VE RECREATION y,January 24,2016
Sunda ry
OPPORTUNITIES PROGRAM
PARALYMPIC SPORT CLUB
ORDI NANCE NO.013,2016 that the last publication thereof was contained in the issue of said newspaper on
OF THE COUNCIL OF THE CITY OF
FORT COLLINS Sunday,January 24,2016
AUTHORIZING THE CONVEYANCE
OF CITY PROPERTY
AT
PROSPECTCOLLEGE
AVENUE AND that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at
ROATO COLORADO STATE UNIVERSITY least six months next prior to the first publication of said notice or advertisement above referred to;that said
ORDINANCE NO.014,2016 newspaper has been admitted to the United States mails as second-class matter under the provisions of the
OF THE COUNCIL OF THE CITY OF
FORT COLLINS Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly
DECLARING CERTAIN CITY-OWNED
PROPERTY AT COLLEGE qualified for publishing legal notices and advertisements within the meaning of the laws of the State of
AVENUE AND ROAD RIGHT-OF-WAY
ROAD ASGHT OF WAY Colorado.
ORDINANCE NO.015,2016
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE CITY OF FORT
COLLINS DISTRICT-PRECINCT MAP
The full text of these ordinances can be A���r
found at http://fcg0v.com/publicnotices Legal Clerk
or by calling the City Clerk's Office at
970.221-6515.
1000889
Colorodoon I Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
=Jon 24,2016 I
Monday,January 25,2016 LADONNA MARY LAW
NOTARY PUBLIC•STATE OF COLORADO
My Commission expires September 3,2019 My Idenaiicaton N 20154035099
Expires September 3,2019
Notary Public
Legal No.0001000889
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE Affidavit Prepared
Monday.January 25.2016
FORT COLLINS,CO 80521
10:19 am