HomeMy WebLinkAbout118 - 08/15/2006 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE PUBLIC ACCESS, DRAINAGE, UTILITY AND MAINTENANCE EASEM ORDINANCE NO. 118, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
PUBLIC ACCESS,DRAINAGE, UTILITY AND MAINTENANCE EASEMENT
TO PENNY FLATS,LLC
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of Lots 9
through 12, Block 33, Fort Collins, Colorado (the "Property"); and
WHEREAS, Penny Flats, LLC ("PFL") has entered into an Option Agreement with the
City to purchase the remaining portions of Block 33 to construct a mixed use development; and
WHEREAS, in order to construct its project as planned, PFL wishes to acquire a non-
exclusive public access, drainage, utility and maintenance easement over, under, and across the
southerly 10 feet of Lot 12 Block 33, Fort Collins, Colorado (the "Easement"), linking the center
of PFL's development to Howes Street; and
WHEREAS, in exchange for granting the easement to PFL, PFL will construct and
maintain the improvements in the easement area, including a 6 foot sidewalk, curb and gutter
and a grassy drainage swale; they will also replace the existing fence on City property with a
new fence in a location specified by the City; and, if required, relocate the existing streetlight, at
their sole expense; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the non-exclusive easement will not have any adverse effect on the Property; 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 other disposition of real property owned by the
City is in the best interests of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the conveyance of this Easement over, under and across the southerly
ten feet of Lot 12 Block 33, Fort Collins, Colorado, consistent with the terms of this Ordinance,
is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Easement to Penny Flats, LLC upon the terms and
conditions as 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 interests 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 15 ay of August, A.D. 2 06.
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of t, A.D. 2006.
May
ATTEST:
�LL)k OL .�-A. L
City Clerk