Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/21/2003 - FIRST READING OF ORDINANCE NO. 143, 2003, AUTHORIZ ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: October 21, 2003 FORT COLLINS CITY COUNCIL STAFF: Craig L. Foreman SUBJECT First Reading of Ordinance No. 143, 2003, Authorizing the Conveyance of Approximately 4,561 Square Feet of City Land to the Hetzel Family in Exchange for Certain Easements for the LaPorte Trail Connection and Additional Compensation. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The total value of the temporary construction easement and permanent access and floodplain easements is $13,805.12. Offsetting from this total the value of the land and other benefits to be conveyed to the Hetzel family, in the amount of $8,232.96, and adding an agreed upon cash payment in the amount of$2,000, the amount owed to the Hetzels by the City is $7,572.16. This amount is appropriated and available in the Building Community Choices Regional Trail Account. Deeding to the Hetzel Family land not needed for the La Porte Trail Connection will save the City future maintenance responsibilities and costs. EXECUTIVE SUMMARY The La Porte Trail Connection will provide a safe off-street pedestrian/bicycle connection for Fort Collins and La Porte. The nearly 1 3/4 mile long trail will extend the Poudre River Trail from Taft Hill Road to Lions Park in La Porte. A portion of the trail just east of Overland Trail Road is located on land adjacent to the Hetzel family property. See Attachment A. Through negotiations with the Hetzel family, the City will acquire needed easements for the trail project in exchange for monetary considerations and land not needed for the trail. The Hetzel driveway is located on a portion of the land the City will be deeding to the Hetzels. The temporary construction access easement is 7,859 square feet in size. The permanent access easement is 11,234 square feet in size. The permanent floodplain easement is 2,418 square feet in size. The land the City will deed to the Hetzels is 4,561 square feet in size. ATTACHMENT A LA PORTE TRAIL CONNECTION—HETZEL FAMILY Lions Park Hetzel Family Land Poudre River \ � See Detail Drawine Overland Trail Road \\ Poudre River Trail \14 To Taft Hill Road Bingham`f�ill Road DETAIL DRAWING Lions Park Hetzel Property \\ City Land Deeded to Hetzel Family \ City Permanent \ Access Easement Area \ I City Temporary \ 00 Construction Easement Area \ O O � � O City Permanent Floodplain \ Easement Area 90 9 City Property � Poudre River Trail Pou O dre River ORDINANCE NO. 143, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 4,561 SQUARE FEET OF CITY LAND TO THE HETZEL FAMILY IN EXCHANGE FOR CERTAIN EASEMENTS FOR THE LA PORTE TRAIL CONNECTION AND ADDITIONAL COMPENSATION WHEREAS,the City is the owner of that certain parcel of real property 4,561 square feet in size and located in Larimer County, Colorado, as more specifically described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the City has no use or need for the Property, but because of its location, the Property is desired and will be of value to the Hetzel family, owners of the adjacent property (the "Hetzels"); and WHEREAS,in connection with the extension of the Poudre River Trail from Taft Hill Road to Lions Park in La Porte, the City will require a number of easements, including a temporary construction easement on the property described on Exhibit `B", attached hereto and incorporated herein by this reference, a permanent access easement on the property described on Exhibit "C", attached hereto and incorporated herein by this reference, and a permanent floodplain easement on the property described in Exhibit "D", attached hereto and incorporated herein by this reference (collectively referred to herein as the "Easements"); and WHEREAS,City staff has determined the value of the Easements to be a total of$13,805.12; and WHEREAS,City staff has further determined that the combined value of the Property to be conveyed to the Hetzels and the floodplain benefits to be enjoyed by the Hetzels on their adjacent property to be $8,232.96; and WHEREAS,based on these values,together with an agreed upon cash payment in the amount of$2,000,the net amount due to the Hetzels in connection with the proposed exchange is$7,572.16, which amount is appropriated and available in the Building Community Choices Regional Trail project account; 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 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 above described conveyance of the Property will be for the benefit of the City's citizens, and in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance or commitment as are necessary to convey the Property to the Hetzels, consistent with the terms and conditions described above. Section 3. That the City Council hereby authorizes the acceptance of the Easements, as described herein. Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2003, and to be presented for final passage on the 4th day of November, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of November, A.D. 2003. Mayor ATTEST: City Clerk EXHIBIT "A" DESCRIPTION OF A PORTION OF THE CITY OF FORT COLLINS PROPERTY TO BE ACQUIRED BY HETZEL, MARTIN/ETAL. A tract of land located in the Northeast quarter of Section 32 , Township 8 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, the said tract is also located in that certain tract of land described in a Bargain and Sale Deed recorded April 20, 2001 at Reception No . 2001029160 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the south line of the said northeast quarter as bearing North 89 degrees 27 minutes 31 seconds West between a 3 " aluminum cap monument PLS20123 at the east quarter corner and a 3 " aluminum cap monument PLS20123 at the center quarter corner of the said Section 32 and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 32 ; THENCE along the south line of the said northeast quarter of Section 32 , North 89 degrees 27 minutes 31 seconds West for a distance of 1004 .79 feet to the southerly prolongation of the east line of that certain tract of land described in a Warranty Deed recorded August 17, 1990 at Reception No. 90037019; THENCE along the said southerly prolongation and along the said east line, North 00 degrees 32 minutes 16 seconds East for a distance of 749 . 10 feet to the northeast corner of the said tract described at Reception No. 90037019 ; THENCE along the north line of the said tract, North 89 degrees 27 minutes 44 seconds West for a distance of 330 . 00 feet; THENCE continuing along the said north line, North 47 degrees 52 minutes 44 seconds West for a distance of 53 . 67 feet to the southeast most corner of the said tract described at Reception No. 2001029160; THENCE along the northerly line of the said tract described at Reception No . 2001029160, North 47 degrees 52 minutes 44 seconds West for a distance of 207 . 69 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said northerly line, North 47 degrees 52 minutes 44 seconds West for a distance of 231 . 77 feet to the northwest corner of the said tract described at Reception No. 2001029160 ; THENCE along the west line of the said tract described at Reception No. 2001029160, South 00 degrees 34 minutes 34 seconds West for a distance of 22 . 78 feet; THENCE leaving the said west line, South 44 degrees 51 minutes 56 seconds East for a distance of 73 . 91 feet; THENCE South 44 degrees 51 minutes 59 seconds East for a distance of 39 . 02 feet; THENCE South 46 degrees 22 minutes 05 seconds East for a distance of 76 .26 feet; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 37 .27 feet to the point of beginning. Containing 4561 square feet (0 . 105 Acres) more less . The above described tract is subject to all easements and rights of ways now, existing or of record. It is intended that this parcel be combined with that certain tract of land described as Larimer County Parcel No . 98321-00-027 . I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P .L. S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 LOCATION SKETCH CITY OF FORT COLLINS PROPERTY TO BE ACQUIRED BY HETZEL, MARTIN/ETAL. � N M� ,r^ M N o a CITY PROP. TO BE ACQUIRED S BY HETZEL/MARTIN 0.105 ACRES NTS ?'S9F SEPTEMBER 12, 2003 SA ' 6 TPOB Li �6??• THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED p F PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A \ N90'00'00-E MONUMENTED BOUNDARY SURVEY. m 'p�bi 60 37.27' Z f R W2p>S2. - J \ 0 \ N89'27'44`W \ 330.00' ^ w io O O Z N89'27'31'W 1004.79' EAST 1/4 COR. 32-8-69 HETZELDWG EXHIBIT "B" DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE HETZEL, MARTIN/ETAL. PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the Northeast quarter of Section 32 , . Township 8 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, the said easement is also located in that certain tract of land described in a Warranty Deed recorded August 10, 1955 in Book 1000 at Page 324 all of the records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the south line of the said northeast quarter as bearing North 89 degrees 27 minutes 31 seconds West between a 3" aluminum cap monument PLS20123 at the east quarter corner and a 3" aluminum cap monument PLS20123 at the center quarter corner of the said Section 32 and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 32; THENCE along the south line of the said northeast quarter of Section 32, North 89 degrees 27 minutes 31 seconds West for a distance of 1004 . 79 feet to the southerly prolongation of the east line of that certain tract of land described in a Warranty Deed recorded August 17, 1990 at Reception No. 90037019; THENCE along the said southerly prolongation and along the said east line, North 00 degrees 32 minutes 16 seconds East for a distance of 749 . 10 feet to the northeast corner of the said tract described at Reception No. 90037019; THENCE along the north line of the said tract, North 89 degrees 27 minutes 44 seconds West for a distance of 330 . 00 feet; THENCE continuing along the said north line, North 47 degrees 52 minutes 44 seconds West for a distance of 53 . 67 feet to the southeast most corner of the said tract described at Reception No. 2001029160; THENCE along the northerly line of the said tract described at Reception No. 2001029160, North 47 degrees 52 minutes 44 seconds West for a distance of 58 . 78 feet. to the east line of the proposed Permanent Utility Easement to be granted to the said City by Hetzel; THENCE along the said proposed east line, North 00 degrees 00 minutes 14 seconds West for a distance of 61. 04 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said proposed line, North 36 degrees 51 minutes 56 seconds West for a distance of 47 . 98 feet; THENCE continuing along the said proposed line, North 32 degrees 07 minutes 55 seconds West for a distance of 105 . 93 feet; THENCE leaving the said proposed line, North 81 degrees 13 minutes 00 seconds East for a distance of 44 . 83 feet; THENCE South 52 degrees 12 minutes 57 seconds East for a distance of 38 . 02 feet; THENCE South 54 degrees 03 minutes 49 seconds East for a distance of 17. 10 feet; THENCE South 39 degrees 14 minutes 48 seconds East for a distance of 20 . 64 feet; THENCE South 31 degrees 01 minutes 20 seconds East for a distance of 33 . 51 feet; THENCE South 24 degrees 52 minutes 50 seconds East for a distance of 21. 78 . feet; THENCE South 48 degrees 53 minutes 37 seconds West for a PAGE 1 OF 2 distance of 56 .49 feet to the point of beginning. Containing 7859 square feet (0 . 180 Acres) more less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 2 OF 2 LOCATION SKETCH PERMANENT ACCESS EASEMENT LOCATED ON HETZEL, MARTIN/ETAL PROP. TO BE GRANTED TO THE CITY OF FORT COLLINS N00'35'02"E S PER 26.72' ACCESS S EASEMENT N00'34'34-E 'ST} �, 11234 SQ.Ff. �ry �� ry S52 12'57"E-38.02' 22.78' F 'ry0 S5403'490E-17.10' S39'14'480E-20.64' , v, ,'h �"3 ® S31'01'20'E-33.51' S2452'50"E-21.78' S48'53'37'W-56.49' yam, yu`0 ��9�Fy9 723 p>6 , S7 g82 33 ��''�• i UW 0 CONSTRUCTION EASEMENT - ss �s 7859 SOFT. Ld ��. 6 s O F to n O TPQB TEMP. iLI x \ Z CONST. ESMT. SSS 61.04' . '9S gy TPOB ACCESS ESM'T. �sr J se s?- � �- \ P0UDRE � z \• sr \RIVERs;2R"k N89'27'44'W O \ 330.00, n i0 \ iV b'O O Z N89'27'31"'W/ / 1004.79' / THIS SKETCH AND THE AREAS SHOWN DEFIES THE ATTACHED N.TS EAST 1/4 COR. PROPERTY DESCRIPTION ONLY, 32-8-69 AND DO-NOT REPRESENT A SEPTEMBER 29, 2003 MONUMENIED BOUNDARY SURVEY. HElZELDWG EXHIBIT "C" DESCRIPTION OF A PERMANENT ACCESS EASEMENT LOCATED ON THE HETZEL, MARTIN/ETAL. PROPERTY TO BE GRANTED TO THE CITY OF FORT COLLINS A Permanent Access Easement located in the Northeast quarter of Section 32, Township 8 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, the said easement is also located in that certain tract of land described in a Bargain and Sale Deed recorded April 20, 2001 at Reception No . 2001029160, and is also located in that certain tract of land described in a Warranty Deed recorded August 10, 1955 in Book 1000 at Page 324 all of the records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the south line of the said northeast quarter as bearing North 89 degrees 27 minutes 31 seconds West between a 3" aluminum cap monument PLS20123 at the east quarter corner and a 3" aluminum cap monument PLS20123 at the center quarter corner of the said Section 32 and with all bearings contained herein relative thereto; Commencing at the east quarter corner of the said Section 32; THENCE along the south line of the said northeast quarter of Section 32, North 89 degrees 27 minutes 31 seconds West for a distance of 1004 . 79 feet to the southerly prolongation of the east line of that certain tract of land described in a Warranty Deed recorded August 17, 1990 at Reception No. 90037019; THENCE along the said southerly prolongation and along the said east line, North 00 degrees 32 minutes 16 seconds East for a distance of 749 . 10 feet to the northeast corner of the said tract described at Reception No. 90037019; THENCE along the north line of the said tract, North 89 degrees 27 minutes 44 seconds West for a distance of 330. 00 feet; THENCE continuing along the said north line, North 47 degrees 52 minutes 44 seconds West for a distance of 53 . 67 feet to the southeast most corner of the said tract described at Reception No. 2001029160; THENCE along the northerly line of the said tract described at Reception No. 2001029160, North 47 degrees 52 minutes 44 seconds West for a distance of 58 . 78 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said northerly line, North 47 degrees 52 minutes 44 seconds West for a distance of 55 . 93 feet; THENCE .leaving the said northerly line, North 00 degrees 00 minutes 14 seconds West for a distance of 53 . 93 feet; THENCE North 32 degrees 07 minutes 55 seconds West for a distance of 97 .24 feet; THENCE South 78 degrees 22 minutes 17 seconds West for a distance of 82 . 33 feet; THENCE North 76 degrees 23 minutes 06 seconds West for a distance of 45 . 76 feet to the southwesterly line of the proposed tract of land to be deeded from the said City to Hetzel; THENCE along the said proposed line, North 44 degrees 51 minutes 59 seconds West for a distance of 17 . 19 feet; THENCE continuing the said proposed line, North 44 degrees 51 minutes 56 seconds West for a distance of 73 . 91 feet to the west line of the said tract described at Reception No. 2001029160; THENCE along the said west line, North 00 degrees 34 minutes 34 seconds East for a distance of 22 . 78 feet; THENCE along the west line of the said tract described in Book PAGE 1 OF 2 1000 at Page 324 , North 00 degrees 35 minutes 02 seconds East for a distance of 26 . 72 feet; THENCE leaving the said west line, South 47 degrees 52 minutes 44 seconds East for a distance of 144 .37 feet; THENCE South 90 degrees 00 minutes 00 seconds East for a distance of 29 . 82 feet; THENCE North 87 degrees 27 minutes 41 seconds East for a distance of 48 . 61 feet; . THENCE North 81 degrees 13 minutes 00 seconds East for a distance of 11 . 62 feet; THENCE South 32 degrees 07 minutes 55 seconds East for a distance of 105 . 93 feet; THENCE South 36 degrees 51 minutes 56 seconds East for a distance of 47 . 98 feet; THENCE South 00 degrees 00 minutes 14 seconds East for a distance of 61 . 04 feet to the point of beginning. Containing 11234 square feet (0 . 258 Acres) more less. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 2 OF 2 A ' LOCATION SKETCH PERMANENT ACCESS EASEMENT LOCATED ON HETZEL, MARTIN/ETAL PROP. TO BE GRANTED TO THE CITY OF FORT COLLINS N00'35'02'E PERMANENT 26.72' rs� ACCESS EASEMENT N00'34'WE }?T�y, 11234 Q FT. ) ry (D S52'12'57'E-38.02' 22.78' F /ry0 .�� � S5403'49"E-17.10' ,4 ; pp oo © S39'14'48'E-20.64' tiyR o ^a 't �A3 ® S31'01'20'E-33.51' ��5�• ao �ry S2452'50'E-21.78' 1'9i�6 0°' �� © S48'53'37V-56.49' Jj 9�9 762>8 .W S7682 33� y� 0ss © TEMPORARY CONSTRUCTION �i, ® EASEMENT ssk �s 7859 SQ.FT. w m r �s z F v~i av�so ,00 —" TPOB TEMP. w \ Z CONST. ESMT. Do-14"E 9� x TPOB ACCESS ESMT. \ �Aa �- \ P0UDRE �Aa z \ RIVER ;2�`k � � o W � N8W27'44-W O \, 330.00' w io \ n o 0 /z N89'27'31"W/ 1004.79'' THIS SKETCH AND THE AREAS � TS EAST 1/4 COR. SHOWN DEPICT THE ATTACHED I V ...J - PROPERTY DESCRIPTION ONLY, 32-8-69 AND DO-NOT REPRESENT A SEPTEMBER 29, 2003 MONUMENTED BOUNDARY SURVEY. HEREL DWG EXHIBIT "D" LEGAL DESCRIPTION A parcel of land to be added to the 100 year flood plain situate in the Northeast quarter of Section 32, Township 6 North, Range 69 West, of the 6`h P.M., County of Larimer, State of Colorado, and being a portion of the particular parcel of land as described in Reception #22431715, records of said County and being more particularly described as follows: Considering the East line of the Southeast quarter of the Northeast quarter, as monument by a 3" aluminum cap LS. 20123 at the East quarter corner and a 2" aluminum cap LS. 10740 at the North east corner of the Southeast quarter of the Northeast quarter, as bearing South 00031'57" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of the Southeast quarter of the Northeast quarter; thence South 80000'36" West 1448.26 feet to the TRUE POINT OF BEGINNING of this description; thence South 23040'28" West 17.01 feet; thence South 22044'54" East 28.78 feet; thence South 60'05'13" East 15.80 feet; thence South 41°34'31" East 49.90 feet; thence North 37001'28" East 9.48 feet; thence South 85013'34" East 10.65 feet; thence South 46000'55" East 16.55 feet; thence North 60°45'48" West 18.73 feet; thence South 19°43'04"West 22.18 feet; thence North 76008'49" West 26.42 feet; thence North 39021'00" West 37.28 feet; thence North 27000'56" West 42.34 feet; thence North 06050'34" East 25.18 feet; thence South 56053'19" West 27.46 feet; thence North 27050'10" East 22.48 feet; thence North 87008'44" East 22.53 feet to the true point of beginning. The above described parcel contains 2,234 square feet. fO110 S.WLL CIP li IQHO NL mll6R EI TIE g 1/4 6 TIE IE 1/a sc ss.nM,nealr N 61NM'E SFr •`! f9e gig z(\l` NOS, x � 4y S S .'w E �;a �, �,s d�rx•E Ine. �`b. INSO'pS E 4 �u I\ \F 6PlFw F A N>C}ek F Iy' A 0 © FA110 T NL\CM /1• w a Es xlu aYj/ Gtpt YME Y�4 E I/�raR'6R 4L i'.TP.MVd