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HomeMy WebLinkAbout143 - 10/04/1994 - AUTHORIZING THE SALE OF REAL PROPERTY DESCRIBED AS LOT 1, SOUTH COLLEGE INVESTMENTS SUBDIVISION ORDINANCE NO. 143, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF REAL PROPERTY DESCRIBED AS LOT 1 , SOUTH COLLEGE INVESTMENTS SUBDIVISION WHEREAS, on July 7, 1981, the Council of the City of Fort Collins (the "Council ") authorized the creation of the South Mason Street and Utility Improvement District #75 ("District #75") for the purpose of installing street and utility improvements within District #75; and WHEREAS, on June 17, 1983, assessments were levied on property in District #75 for the cost of construction of the improvements; and WHEREAS, on March 3, 1980, the Council authorized the creation of the Storm Sewer Improvement District #17 ("District #17") for the purpose of constructing storm sewer improvements within District #17; and WHEREAS, on October 20, 1981, assessments were levied on property in District #17 for the cost of construction of the improvements; and WHEREAS, the owner of Lot 1 , South College Investments Subdivision ("the Property") failed to pay the installments due in July of 1987; and WHEREAS, in accordance with Section 22-97 of the Code of the City of Fort Collins, the Property was advertised and sold by the Larimer County Treasurer at the 1988 tax sale and tax certificates of purchase were issued to the City; and WHEREAS, the City subsequently obtained a Treasurer's Deed to the Property; and WHEREAS, Section 22-97(d) of the City Code provides, that, if the City is the owner of property acquired in satisfaction or discharge of liens represented by certificates of purchase, it may sell such property for the best price obtainable at public sale or auction or by sealed bids or by such other method of sale which may be approved by the City Council ; and WHEREAS, the physical characteristics of the Property made marketing by conventional means difficult; and WHEREAS, the City has received an acceptable offer from Roger D. Sears Family Trust, Janice D. Sears, and Phelps-Tointon, Inc. ("the Purchasers") in the amount of Eighteen Thousand Five Hundred Dollars ($18,500) for the Property; and WHEREAS, the City and the Purchasers have entered into an Agreement of Purchase and Sale of Real Property dated August 23, 1994 ("the Purchase Agreement") ; and WHEREAS, the Purchase Agreement was entered into contingent upon Council 's approval of it by ordinance, which ordinance must be adopted on second reading on or before October 4, 1994; and WHEREAS, under the terms of the Purchase Agreement, the City has agreed to sell and convey the Property to the Purchasers for a total purchase price of Eighteen Thousand Five Hundred Dollars ($18,500) on the closing date of December 12, 1994; and WHEREAS, under Section 23-111(a) of the City Code, the Council is authorized to sell real property owned in the name of the City, provided it first finds the sale is in the best interest of the City; and WHEREAS, Section 22-97(e) of the City Code describes the manner in which the proceeds of sale of real properties should be allocated when the property sold has been acquired through the foreclosure of a special assessment lien. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the sale of the Property to the Purchasers for the sum of Eighteen Thousand Five Hundred U.S. Dollars ($18,500) is in the best interests of the City and that said amount is the best price obtainable by the City for the Property and represents the fair market value thereof. Section 2. That the proceeds derived by the City from such sale shall be allocated according to the provisions of Section 22-97(e) of the City Code. Section 3. That the Mayor be, and hereby is, authorized to execute such and documents of conveyance as are necessary for the City to sell and convey the Property on the terms and conditions of the Purchase Agreement. Section 4. That the City Manager be, and hereby is, authorized to enter into on behalf of the City such addendums to the Purchase Agreement as are necessary to extend the current closing date under the Purchase Agreement (December 12, 1994) if the City Manager determines such extension of the closing date to bp— in the best- interest- of the City-. However, in no eventshall theCity- Manager enter into any addendum of the Purchase Agreement that extends the closing date beyond February 10, 1994. Introduced, considered favorably on first reading, and ordered published this 20 day of September, A.D. 1994, and to be present final pas n the 4th day of October, A.D. 1994. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of October, A.D. 1994. ATTEST: �( S ' lCity C e