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HomeMy WebLinkAbout116 - 02/02/1993 - AUTHORIZING THE SALE OF PROPERTY ON PORTNER ROAD TO POUDRE R-1 SCHOOL DISTRICT FOR $110,268 ORDINANCE NO. 116, 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY ON PORTNER ROAD TO POUDRE R-1 SCHOOL DISTRICT FOR THE AMOUNT OF $110,268 WHEREAS, the City of Fort Collins ("the City") is the owner of that certain parcel of real property located in Larimer County, Colorado, described on the attached Exhibit "A," comprising approximately 6.8 acres of land adjacent to the City's Transfort facility ("the Property") ; and WHEREAS, the City and Poudre School District R-1 ("the District") support mutual cooperation and joint coordination of public services; and WHEREAS, the District desires to purchase the Property from the City for the storage and maintenance of school buses; and WHEREAS, the purchase price of the Property is One Hundred Ten Thousand Two Hundred Sixty-eight Dollars ($110,268) and the sale is contingent upon City Council approval ; and WHEREAS, the sale of the Property to the District is expressly contingent upon the District and the City entering into an agreement concerning the joint use of the City's Transfort facilities; and WHEREAS, the District will dedicate approximately .8 acres of the Property to the City for street right-of-way; and WHEREAS, Section 23-111 of the Code requires that, prior to any sale or other disposition of real property owned in the name of the City, the City Council must find, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, Section 23-111 of the Code further requires that, with respect to real property which is part of the City's Utility System, the City Council must also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City; and WHEREAS, the Property was purchased by the City's Electric Utility as a potential substation site but is no longer needed for this or any other Electric Utility purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the sale and conveyance of the Property to the District is in the best interests of the City. Section 2. That the sale will not materially impair the viability of the City's Electric Utility System and the will be for the benefit of the citizens of the City. Section 3. That the Mayor be, and hereby is, authorized to execute an Agreement of Purchase and Sale of Real Property to sell the Property to the District for the amount of One Hundred Ten Thousand Two Hundred Sixty-eight Dollars ($110,268) and to execute a deed conveying the Property to the District pursuant to the terms of the Agreement; provided, however, that such Agreement shall require that, (a) all infrastructure improvements determined by the parties to be reasonably necessary because of the impacts of the development or redevelopment of the Property shall be paid for by the District; (b) the District will comply with all improvements and modifications that have been recommended by the City through its review and comment regarding the District's proposed use of the Property for a school bus facility; and (c) the conveyance of the Property shall be subject to a future interest which would entitle the City to regain title to the Property in the event that the District fails to obtain City approval of any future change in use of the Property, pursuant to the provisions of the Land Development Guidance System or such other land use regulations of the City as may be applicable, notwithstanding any statutory or constitutional provisions which might otherwise exempt the District from such review processes. Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 1993, and to be presented for final passage on the 2nd day of February, A.D. 1993. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of February, A.D. 1993. Mayor ATTEST: City Clerk EXHIBIT A A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M. , CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SAID SOUTHEAST 1/4 AS BEARING S 88-27'40" E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHWEST CORNER OF TRACT "B", SOUTH SIDE SERVICE CENTER P.U.D. , PHASE TWO, WHICH BEARS N 00°12' 16" E 750.01 FEET FROM THE SOUTHWEST CORNER OF THE SAID SOUTHEAST 1/4 AND RUN THENCE N 00012' 16" E 300.00 FEET ALONG THE WEST LINE OF THE SAID SOUTHEAST 1/4; THENCE S 88°27'40" E 838.32 FEET; THENCE S 01°32'20" W 115.75 FEET; THENCE ALONG THE ARC OF A 564.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 442.96 FEET, THE LONG CHORD OF WHICH BEARS S 24002'20" W 431 .67 FEET; THENCE N 43°27'40" W 68.00 FEET; THENCE S 46°32'20" W 40.00 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT "B" ; THENCE ALONG THE NORTHERLY LINE OF SAID TRACT "B", N 43027'40" W 275.55 FEET AND AGAIN N 88°27'40" W 394.93 FEET TO THE POINT OF BEGINNING, CONTAINING 6.8551 ACRES, MORE OR LESS.