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HomeMy WebLinkAbout031 - 05/04/1993 - AUTHORIZING THE SALE OF COMMERCIAL TRACT OF BRITTANY KNOLLS PUD 4 ORDINANCE NO. 31, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF REAL PROPERTY DESCRIBED AS COMMERCIAL TRACT OF BRITTANY KNOLLS PUD WHEREAS, on October 30, 1984, and February 4, 1986, the Council of the City of Fort Collins (the "Council ") authorized the creation of Provincetowne/Portner Special Improvement District #81 and South Lemay Special Improvement District #86 (the "Districts") for the purpose of installing street, water and wastewater improvements within the District; and WHEREAS, on August 2, 1988, and October 1, 1986, assessments were levied on property in the Districts, including Brittany Knolls PUD, for the cost of construction of the improvements; and WHEREAS, the owner of the commercial tract of Brittany Knolls PUD, which is shown on Exhibit "A" attached hereto and incorporated herein by this reference, failed to pay the installments due on October 31, 1989, and June 30, 1990; and WHEREAS, in accordance with Section 22-97 of the Code of the City of Fort Collins, the commercial tract of Brittany Knolls PUD was advertised and sold by the Larimer County Treasurer at the 1990 tax sale, and certificates of purchase were issued to the City; and WHEREAS, the owner of the commercial tract of Brittany Knolls PUD subsequently executed a deed in lieu of foreclosure conveying said property to the City; and WHEREAS, Section 22-97(d) of the 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 has issued a request for bids seeking buyers for the commercial tract of Brittany Knolls PUD; and WHEREAS, in response thereto, the highest bid received by the City was submitted by Christian Church (Disciples of Christ) Central Rocky Mountain Region in the amount of One Hundred Eighty-one Thousand Five Hundred Dollars ($181,500) ; and WHEREAS, under Section 23-111(a) of the 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 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 commercial tract of Brittany Knolls PUD to Christian Church (Disciples of Christ) Central Rocky Mountain Region for the sum of One Hundred Eighty-one Thousand Five Hundred Dollars ($181,500) is in the best interests of the City. Section 2. That said amount is the best price obtainable by the City for said property and represents the fair market value of the Property. 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 described above to Christian Church (Disciples of Christ) Central Rocky Mountain Region on the terms and conditions described above. Section 4. That the proceeds derived by the City from such sale shall be allocated according to the provisions of Section 22-97(e) of the Code. Introduced, considered favorably on first reading, and ordered published this 20th day of April , A.D. 1993, and to be presented for fi 1 passage t e 4th day of May, A.D. 1993. 0 ATTEST: IL City Clerk Passed and adopted on final reading this 4th day of A.D. 3/ a or ATTEST: City Clerk 24-32053 EXHIBIT A A tract of land located in the Southeast quarter of Section 12 , Township 6 North, Range 69 West of the 6th P.M. , of Larimer County, Colorado, being more particularly described as follows: Considering the East line of the said Southeast quarter of Sec- tion 12 as bearing North 00 degrees 0010011 East and with all bearings contained herein relative thereto: COMMENCING at the Southeast corner of said Section 12 , the TRUE POINT OF BEGINNING of this description; thence along the said East line, North 00 degrees 00100" East 517 . 25 feet to the Easterly prolongation of the Southerly right- of-way of Brittany Street; thence along the said Easterly prolongation and along the said Southerly right-of-way the following five (5) courses and dis- tances: (1) North 90 degrees 00100" West 101. 72 feet; (2) 151. 84 feet along the arc of a curve concave to the North, having a central angle of 31 degrees 4510011, a radius of 274 . 00 feet, the long chord of said curve bears North 74 degrees 07130" West, 149 . 90 feet; (3) North 58 degrees 15100" West 176. 00 feet; (4) 725.94 feet along the arc of curve concave to the Southeast having a central angle of 120 degrees 1214011 , a radius of 346. 00 feet, the long chord of the said curve bears South 61 degrees 38140" West 599. 93 feet; (5) South 01 degree 32120" West 341. 00 feet to the South line of the said Southeast quarter of Section 12 ; thence along the said South line, South 88 degrees 27140" East 933 . 00 feet to the POINT OF BEGINNING, less that portion con- tained in Deed of Easement to the City of Fort Collins, Colorado, recorded June 5, 1986 at Reception No. 86029299 . 1