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HomeMy WebLinkAbout094 - 08/06/1991 - AUTHORIZING AN AGREEMENT WITH SOUTHRIDGE GREENS COMMUNITY ASSOCIATION FOR THE TRANSMISSION OF RAW WA ORDINANCE NO. 94, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN AGREEMENT WITH SOUTHRIDGE GREENS COMMUNITY ASSOCIATION FOR THE TRANSMISSION OF RAW WATER AT SOUTHRIDGE GOLF COURSE WHEREAS, the City of Fort Collins ("the City") currently owns and operates the SouthRidge Golf Course ("the Golf Course") ; and WHEREAS, the Golf Course is located adjacent to various residential developments; and WHEREAS, the SouthRidge Greens Community Association ("the Association") is the homeowners' association for these various residential developments; and WHEREAS, the Association owns and maintains approximately nine (9) acres of real property used as common areas for the benefit of the Association and its individual members ("the Common Areas") ; and WHEREAS, the Common Areas are also located adjacent to the Golf Course; and WHEREAS, the City uses a sprinkler system on and under the Golf Course to irrigate with raw water approximately one hundred ten (110) acres of the Golf Course ("the Sprinkler System") ; and WHEREAS, in the past the Association has used the Sprinkler System to irrigate the Common Areas with raw water; and WHEREAS, the City has in the past used some portions of the Common Areas for access to the Golf Course for its golfers and for maintenance of the Golf Course; and WHEREAS, the Association has requested the City to enter into an agreement granting to the Association the right to use the Sprinkler System for the transmission of raw water to irrigate the Common Areas in exchange for monetary consideration and for the Association granting to the City the right to use certain portions of the Common Areas as access easements to the Golf Course for its golfers and for maintenance; and WHEREAS, Section 23-111 of the Code of the City of Fort Collins 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 Council first finds 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 proposed grant by the City to the Association of the right to use the Sprinkler System for the Association's transmission of raw water to irrigate its Common Areas in exchange for monetary consideration and for the Association granting to the City certain access easements across portions of the Common Areas to the Golf Course for the City's golfers and for maintenance of the Golf Course is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such agreements and instruments as are necessary for the City to grant to the Association the right to use the Sprinkler System for the transmission of raw water to irrigate the Common Areas in exchange for: (1) the payment of such monetary consideration as may be determined by the City Manager to be reasonable and (2) the granting of access easements in favor of the City across portions of the Common Areas to facilitate the use and maintenance of the Golf Course. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 1991, and to be presented for final passage on the 6th day of August, A.D. 1991 . Mayor ATTEST: IAILW !�" City Clerk Passed and adopted on final reading this 6th day of August, A.D. 1991 . ayor ATTEST: City Clerk