HomeMy WebLinkAbout135 - 11/20/2007 - AUTHORIZING THE CONVEYANCE OF A PORTION OF LOT 30 IN GOLDING-DWYER SUBDIVISION OF BLOCK 275, IN THE ORDINANCE NO. 135, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PORTION OF
LOT 30 IN GOLDING-DWYER SUBDIVISION
OF BLOCK 275, IN THE CITY OF FORT COLLINS
WHEREAS, the City of Fort Collins (the "City") is the owner of a portion of Lot 30, in
Golding-Dwyer Subdivision, of Block 275, in the City of Fort Collins (the "Property"); and
WHEREAS, the Property was conveyed to the City by the Burlington Northern Santa Fe
Railroad(BNSF) as a result of its abandonment of the railroad right-of-way within the city in that
area in exchange for a payment from the City's electric fund; and
WHEREAS,at some time in the past,when the Property was owned by BNSF,an adjoining
landowner constructed a two-car garage on a portion of Lot 30 (the "Property") and attached the
garage to the house located on Lot 31, in Golding-Dwyer Subdivision, of Block 275; and
WHEREAS, the City has not identified a use for the Property, which is more particularly
described on Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, the City is not receiving any rent or payment for the encroaching garage
building,nor will the City realistically need the Property for any purpose in the foreseeable future;
and
WHEREAS,selling the Property will release the City of its maintenance responsibilities;and
WHEREAS, the Property and the encroaching garage structure located upon it are falling
into some disrepair; and
WHEREAS, prospective purchasers may now be ready, willing and able to purchase the
house on Lot 31,presently listed for sale by the owner of said land, and the adjoining Property; and
WHEREAS, the estimated fair market value of the Property, with the encroaching garage
structure located thereon, is $5,000; and
WHEREAS, based on staffs review, it has been determined that the conveyance of the
Property will not have any adverse affects on the City and is in the best interests of the citizens of"
the City; and
WHEREAS, Section 23-1 It of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the
Council first finds or ordinance that any sale or disposition of that real property interest will not
materially impair the viability of any City utility system as a whole, of which the property is a part,
will be for the benefit of the City's citizens, and will be in the best interests of the City.
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 conveyance of the Property, a
portion of Lot 30, in Golding-Dwyer Subdivision, of Block 275, Fort Collins, Colorado,consistent
with the terms of this Ordinance,will not materially impair the viability of the City's electric utility
as a whole, and will be for the benefit of the City's citizens, and further finds that it will be in the
best interests of the City of Fort Collins.
Section 2. That the City Council hereby finds that the fair market value of the Property
is $5,000, and payment therefor in said amount is hereby approved.
Section 3. That the Mayor is hereby authorized to execute such documents of conveyance
consistent with this Ordinance, as are necessary for the City to quit claim the Property including
such additional terms and conditions as the Mayor, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City in this matter,
including any necessary changes to the legal description of the Property, as long as such changes
do not materially increase the size or change the character of the Property.
Introduced, considered favorably on first reading, and ordered published this 6th day of
November, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D.
2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of mber, A.D. 2007.
May
ATTEST:
City Clerk
EXHIBIT "A"
DESCRIPTION OF CITY OWNED PROPERTY TO BE SOLD
A Tract of land located in the Northwest Quarter of Section 11,
Township 7 North, Range 69 West of the Sixth Principal Meridian, City
of Fort Collins, Larimer County, Colorado, the said tract is also
located in Lot 30 of the Plat of Golding Dwyre Resubdivision of Block
275 West Side Addition to Fort Collins, being more particularly
described as follows;
The East 140 feet of Lot 30 Golding Dwyre Resubdivision of Block 275
West Side Addition to Fort Collins. Containing 4, 900 square feet more
or less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief and
opinion.
WALLACE C . MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522