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HomeMy WebLinkAbout154 - 12/21/1993 - AUTHORIZING THE SALE OF LOT 55, REPLAT OF GREENBRIAR PUD ORDINANCE NO. 154, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF REAL PROPERTY DESCRIBED AS LOT 55, REPLAT OF GREENBRIAR PUD WHEREAS, on November 19, 1985, the Council of the City of Fort Collins (the "Council ") authorized the creation of the Greenbriar Special Improvement District #87 (the "District") for the purpose of installing street, water, and wastewater improvements within the District; and WHEREAS, on November 3, 1987, assessments were levied on property in the District for the cost of construction of the improvements; and WHEREAS, the owner of Lot 55, Replat of Greenbriar PUD ("Lot 55") failed to pay the installment due in January of 1988; and WHEREAS, in accordance with Section 22-97 of the Code of the City of Fort Collins, Lot 55 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 Lot 55; 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, on May 19, 1992, the Council adopted a Sales Policy for Property Acquired Through or in Lieu of Special Assessment Lien Foreclosure Process ("the Policy") ; and WHEREAS, pursuant to the Policy, the City contacted local governmental agencies seeking buyers for all or any portion of Lot 55, none of which expressed an interest in acquiring Lot 55; and WHEREAS, the City advertised the property for sale in a local newspaper and posted a "For Sale" sign on the property; and WHEREAS, the City has received an offer from Holz Construction in the amount of Fourteen Thousand Five Hundred Dollars for Lot 55; 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 Lot 55, Replat of Greenbriar PUD ("the Property") to Holz Construction for the sum of Fourteen Thousand Five Hundred Dollars (E14,500) is in the best interests of the City and that said amount is the best price obtainable by the City for the Lot 55 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 agreements of sale and documents of conveyance as are necessary for the City to sell and convey the Property on the terms and conditions described above. Introduced, considered favorably on first reading, and ordered published this 7th day of December, A.D. 1993, and to be presented for final passage on the 21st day of December, A.D. 1993. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st da December, A.D. 1993. r� ATTEST: yor � ` `7City Cle