HomeMy WebLinkAbout044 - 05/20/2008 - AUTHORIZING THE CONVEYANCE OF REAL PROPERTY LOCATED AT THE UTILITY SERVICE CENTER TO AN ADJACENT PRO ORDINANCE NO. 044, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF REAL PROPERTY
LOCATED AT THE UTILITY SERVICE CENTER TO AN ADJACENT
PROPERTY OWNER AT 525 NORTH WHITCOMB STREET
WHEREAS,the City is the owner of a parcel of real property more particularly described as
Lot 1,City of Fort Collins Service Center P.U.D.6th Filing,Fort Collins,Colorado("Lot 1"),which
is part of the Utility Service Center property; and
WHEREAS, the owners of the property at 525 North Whitcomb, located adjacent to and
south of Lot 1, have learned that improvements located on the neighboring property to their south,
523 North Whitcomb, are encroaching on the property at 525 North Whitcomb; and
WHEREAS,the owners of 525 North Whitcomb intend to convey aportion of their property
to the owner of 523 North Whitcomb to correct that encroachment; and
WHEREAS, in order to maintain the size of their own property, the owners of 525 North
Whitcomb are asking the City to convey to them a portion of Lot 1 approximately 980 square feet
in size, and more particularly described as the southernmost seven feet of the easternmost 140 feet
of Lot 1, City of Fort Collins Service Center P.U.D. 6th Filing,Fort Collins Colorado, as measured
from the southeast corner of Lot 1 (the "Property"); and
WHEREAS, the City does not have a use for the Property, and selling the Property will
relieve the City of maintenance responsibilities for the Property and place the Property back on the
tax rolls; and
WHEREAS, the estimated fair market value of the Property is $3,920, based on a value of
$4.00 per square foot, although this value may be adjusted downward if the City decides to retain
any easements or encumbrances on the Property when it is conveyed; and
WHEREAS, staff has determined that the conveyance of the Property will not materially
impair the viability of the City's utilities and is in the best interests of the citizens of the City; and
WHEREAS, Section 23-111 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 that is part of
the City's utility systems,provided the Council first finds,by ordinance,that such sale or disposition
will not materially impair the viability of the particular utility system as a whole, that it 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 1,City of Fort Collins Service Center P.U.D.6th Filing,Fort Collins,Colorado,under
the terms listed above, will not materially impair the viability of the City's electric utility or other
utility systems as a whole,will be for the benefit of the City's citizens,and is in the best interests of
the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary for the City to quitclaim the Property to the owners of 525 North Whitcomb Street on
terms and conditions consistent with this Ordinance, together with such additional terms and
conditions as the City Manager,in consultation with the City Attorney,determines are necessary and
appropriate to protect the interests of the City, 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 May,
A.D. 2008, and to be presented for final passage on the 20th day a May, A.D. 2008.
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ATTEST:
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City Clerk
Passed and adopted on final reading on the 20th day of M , A.D. 2008.
Mayor
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