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HomeMy WebLinkAbout046 - 03/18/1997 - AUTHORIZING SALE OF PROPERTY AND APPROPRIATING UNANTICIPATED REVENUE TO THE STORMWATER FUND ORDINANCE NO. 46, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY AND APPROPRIATE UNANTICIPATED REVENUE TO THE STORMWATER FUND WHEREAS, the City of Fort Collins is the owner of a 9,000 square foot tract of land ("the Property")described on the attached Exhibit"A",which is incorporated herein by this reference; and WHEREAS, the Property is no longer needed as a ditch and the Parks Department has no further need of the Property; and WHEREAS, Stormwater Utility Department has been maintaining the Property and requires an easement interest across the Property for access; and WHEREAS,Section 23-111 (a)of the City Code requires that the Council authorize the sale, conveyance or other disposition of any and all interests in real property owned in the name of the City and first find,by ordinance,that such sale or other disposition is in the best interests of the City; and WHEREAS, Section 23-111(b) of the City Code requires that with respect to the sale of real property which is part of a City utility system,the City Council must also find that disposition of the property 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,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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the sale of the Property to Anchor Development Corporation is in the best interests of the City. Section 2. That the City Council hereby finds that the sale of the Property to Anchor Development Corporation will not materially impair the viability of the City's stormwater utility system as a whole and it will be for the benefit of the citizens of the City. Section 3. That there is hereby appropriated for expenditure from unanticipated revenue in the Stormwater Fund the sum of NINE THOUSAND DOLLARS ($9,000). Section 4. That the Mayor be, and hereby is, authorized to execute such documents or conveyance as are necessary for the City to sell and convey the Property to Anchor Development Corporation. Introduced, considered favorably on first reading, and ordered published this 4t1-da of March, A.D. 1997, and to be presented for final passage on the ��th�iay of March, A.D. 19 ,. i� Mayor ATTEST: - 4"Avi�I City Clerk Passed and adopted on final reading this 18th day of Marc A.D. 1997.P Mayor ATTEST: City Clerk EXHIBIT "A" Legal Description A parcel of land located in the Southeast one-quarter (SE 1/4) of Section 27, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado and begin more particularly described as follows: That portion of the Southeast Quarter of the Northeast Quarter, Section 27, Township 7 North, Range 69 West of the 6th P.M., in the city of Fort Collins, County of Larimer, State of Colorado, which, considering the East line of the Northeast one-quarter as bearing N 00°03'55" E, and with all bearings contained herein, relative thereto, is more particularly described by the following boundary lines: Commencing at the East Quarter Corner of said Section 27; thence along the South line of said Northeast one-quarter N 89°33'24" W 50.00 feet to a point on the Westerly right-of-way of Shields Street, the TRUE POINT OF BEGINNING; thence continuing along said South line N 89°33'24" W 360.00 feet; thence departing said line S 00°03'55" W 25.00 feet; thence S 89033'24" E 360.00 feet to the westerly right-of-way line of Shields Street; thence N 00°03'55" E 25.00 feet to the TRUE POINT OF BEGINNING.