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HomeMy WebLinkAbout107 - 08/20/1996 - AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY BEING 26.6 FEET WIDE AND RUNNING BETWEEN 2830 AN ORDINANCE NO. 107, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY (BEING 26.6 FEET WIDE AND RUNNING BETWEEN 2830 AND 2818 VIRGINIA DALE DRIVE) AND APPROPRIATING UNANTICIPATED REVENUE IN THE WASTE WATER FUND WHEREAS, the City of Fort Collins is the owner of a strip of land 26.6 feet in width and 110 feet in length (the Property") as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the City obtained fee simple ownership of the Property in order to address and encroachment by an existing City sanitary sewer line; and WHEREAS, the City does not need fee title to the Properly to maintain the sanitary sewer line, and requires only an easement interest; and WHEREAS, the City has no other use for the Property and as fee owner of the Property, the City is responsible for maintaining the Property; and WHEREAS, the City has solicited and received an offer to purchase the Property that will offset the City's cost to purchase it; and WHEREAS, the proceeds from the sale of the Property will result in unanticipated revenue in the Waste Water Fund; and WHEREAS, Article V, Section 14, of the Charter of the City of Fort Collins authorizes the City Council to appropriate unanticipated revenues which are the result of new revenue sources at any time during the year in which such revenue is received. WHEREAS, Section 23-1 1 1 of the Code requires, that prim 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 interest of the City; and WHEREAS, Section 23-11 l of the Code further requires that with respect to real property which is a 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. NOW,THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Property to Hector M. and Jacqueline G. Hernandez, reserving a utility easement, is in the best interests of the City. Section 2. That the disposition of the Property will not materially impair the viability of the City Water Utility and will benefit the citizens of the City. Section 3. That the Mayor, be and hereby is, authorized to execute such documents as are necessary for the City to convey the Property to Hector M. And Jacqueline G. Hernandez. Section 4. That there is hereby appropriated for expenditure from unanticipated revenue in the Waste Water Fund, the sum of TWO THOUSAND DOLLARS ($2,000) upon receipt of said sum from the proceeds of the sale of the Property as authorized in this ordinance. Introduced and considered favorably on first reading and ordered published this 6th day of August, A.D. 1996, and to be presented for final passage on the 20 of August, A. r OY � ATTEST: City Clerk QS Passed and adopted on final reading this:ayor of st, A.P. 1996. ATTEST: 11L )Pk City Clerk EXHIBIT "A" A tract of land situate in the SW 1/4 of Section 16, Township 7 North, Range 69 West of the 6th P.M., Fort Collins, Colorado, more particularly described as follows: A 26.6 foot x 1 10 foot strip of land bounded by the easterly line of Lot 45 of Overland Trail Farm Phase 11 and bounded by the westerly line of Lot 46 of Wildwood, Second Filing, and bounded on the south by the north right-of-way line of Virginia Dale Drive.