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HomeMy WebLinkAbout050 - 05/03/2011 - AUTHORIZING THE CONVEYANCE OF TWO PEDESTRIAN AND ACCESS EASEMENTS ON CITY RIGHT-OF-WAY ADJACENT TO 2 ORDINANCE NO. 050, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO PEDESTRIAN AND ACCESS EASEMENTS ON CITY RIGHT-OF-WAY ADJACENT TO 200 SOUTH COLLEGE AVENUE TO 314 E. MOUNTAIN, LLC. WHEREAS, the City is the owner of the Oak Street right-of-way d*acent to 200 South College Avenue (the "Building"); and WHEREAS,314 E.Mountain,LLC("Owner")recently purc sed space at the Building and is planning to modify the first floor and the outside of the Buildi ; and WHEREAS,the Owner has requested pedestrian and ccess easements from the City for an existing set of steps and ramp and for a new set of steps a ramp located in the right-of-way on the north side of the Building (the "Easements"); and WHEREAS, the Easements are describ and shown on Exhibit "A", attached and incorporated herein by this reference; and WHEREAS, the existing steps an ramp were installed pursuant to a revocable permit previously issued by the City; and WHEREAS, because the xisting and proposed steps and ramps are permanent improvements, they are,more app priately authorized through permanent easements rather than a revocable permit; and WHEREAS, the pr osed Easements would terminate if the improvements for which the Easements are granted ar not built or are ever permanently removed; and WHEREAS, e Owner has agreed to pay the City$4,900 for the Easements and$1,000 for processing the ease ent request; and, WHE AS, Section 23-111 of the City Code authorizes the City Council to sell,convey,or otherwise dis ose of any and all interests in real property owned by the City,provided that the City Council fir finds,by ordinance,that such sale or other disposition is in the best interests of the City. OW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COL S as follows: Section 1. That the conveyance of the Easements to the Owner,as set forth herein, is in e best interests of the City. NEVER HEARD ON SECOND READING with such additional items and conditions as the City Manager, in the consultation with the City Attorney,determines to be necessary or appropriate to protect the interests of the City,incl ng,but not limited to, any necessary changes to the legal description of the Easements, as g as such changes to not materially increase the size or change the character of the Easement . Introduced, considered favorably on first reading, and ordered public d this 19th day of April, A.D. 2011, and to be presented for final passage on the 17th day of y, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on e 17th day of May, A.D. 2011. Mayor ATTEST: City Clerk