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HomeMy WebLinkAbout017 - 02/15/2011 - AUTHORIZING THE CONVEYANCE OF A PARCEL OF STORMWATER UTILITY PROPERTY TO PS POUDRE RIVER, LLC (POSTP ORDINANCE NO. 017, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PARCEL O/alongthe STORMWATER UTILITY PROPERTY TO PS POUDRE RIVER, LLC WHEREAS, the City is the owner of a parcel of real property locans, Colorado, identified in County records as parcel number 97122-00-973, locatdre River adjacent to Linden Street (the "City Property"); and WHEREAS, the City Property was purchased in 2004 by the City's Stormwater Utility to construct flood control improvements including a levee; and WHEREAS, City staff determined that the entire City Pr perty was not needed for the construction of the levee, leaving a small parcel of unusable property as described on Exhibit"A", attached and incorporated herein (the "Remnant Parcel"); and WHEREAS, PS Poudre River, LLC (the `Buyer owns the parcel adjacent to the City Property(the"Buyer's Property")and has expressed intere t in purchasing the Remnant Parcel;and WHEREAS, the Buyer will compensate th City $2,500 and grant the City an access easement elsewhere on the Buyer's Property to access the levee; and WHEREAS, City staff has identified o negative impacts to the City resulting from the conveyance of the Remnant Parcel; and WHEREAS, at its regular mee ' g on January 20, 2011, the Water Board voted to recommend approval of the conveyanc described herein; and WHEREAS, Section 23-11Y of the City Code provides that the City Council is authorized to sell,convey, or otherwise dispe e of real property owned by a City Utility,provided the Council first finds by ordinance that suc sale or other disposition will not materially impair the viability of the affected utility system as hole and that it will be for the benefit of the citizens of the City will be for the benefit of the C/i s citizens and in the best interest of the City. NOW, THERE RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section I. That the conveyance of the Remnant Parcel to PS Poudre River, LLC as provided herein ill not materially impair the viability of the affected utility system as a whole and will be for the enefit of the citizens of the City and in the best interest of the City. Se on 2. That the Mayor is hereby authorized to execute such documents as are necessar}� o convey the Remnant Parcel to PS Poudre River, LLC., on terms and conditions POSTPONED INDEFINITELY ON FIRST READING consistent with this Ordinance, together with such additional terms and cond?thisl City Manager, in consultation with the City Attorney,determines are necessary or appotect the interests of the City,including,but not limited to,any necessary changes to thetions of the easements,as long as such changes do not materially increase the size or chacter of the easements. Introduced, considered favorably on first reading, and ordered publis eay of February, A.D. 2011, and to be presented for final passage on the 1st day o arch, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the st day of March, A.D. 2011. Mayor ATTEST: City Clerk POSTPONED INDEFINITELY _ ON FIRST READING