HomeMy WebLinkAbout117 - 08/15/2006 - AUTHORIZING THE SALE OF CITY-OWNED PROPERTY CONSISTING OF THE VACATED ALLEY RIGHT-OF-WAY ON BLOCK 33 ORDINANCE NO. 117, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OF CITY-OWNED PROPERTY
CONSISTING OF THE VACATED ALLEY RIGHT-OF-WAY
ON BLOCK 33,FORT COLLINS, COLORADO
TO PENNY FLATS, LLC
WHEREAS, the City of Fort Collins is the owner of the certain real property
described as the alley right-of-way on Block 33 in Fort Collins, Colorado (the "Alley
Property"); and
WHEREAS, pursuant to Ordinance No. 077, 2005, the Council approved the
conveyance of a portion of Block 33 to Penny Flats, LLC ("PFL") so that it could be
developed in a manner approved by the City; and
WHEREAS, the City and PFL entered into an Option Agreement for Purchase and
Sale of Real Property on February 24, 2006; and
WHEREAS, the Civic Center Master Plan adopted by the City in 1997 calls for the
development of Block 33 to include a pedestrian spine in the area of the Alley Property to
link with the rest of the Civic Center area; and
WHEREAS, by separate ordinance staff is asking the Council to approve the vacation
of the Alley Property in order to facilitate development of the pedestrian spine by PFL; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of real property owned by the City, provided
the Council first finds by ordinance that any sale or disposition of real property owned by the
City is in the best interests of the City of Fort Collins; and
WHEREAS, if the Council vacate the Alley Property, City staff recommends that the
Alley Property be conveyed to PFL to be developed as a pedestrian spine as part of PFL's
planned project on Block 33, with the City reserving from such conveyance a public access,
drainage and utility easement upon and across the whole of the Alley Property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the conveyance of the Alley Property, with an easement reserved for
public access, drainage and utilities, to be used for construction of a pedestrian pathway, is in
the best interests of the City of Fort Collins.
Section 2. That, subject to the prior vacation of the Alley Property, the Mayor is
hereby authorized to execute the necessary documents to convey the Alley Property to Penny
Flats, LLC upon the terms and conditions described above, along with such other terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be in
the best interest of the City.
Introduced, considered favorably on first reading, and ordered published this 18th day
of July, A.D. 2006, and to be presented for final passage on the 15th day of August, A.D.
2006.
MaY6r
ATTE�T:
_ 0 °
City Clerk
Passed and adopted on final reading on the 15th day gust, A.D. 2006.
Mayo
ATTEST:
City Clerk