HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2000 - FIRST READING OF ORDINANCE NO. 90, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 21
FORT COLLINS CITY COUNCIL DATE: July 18, 2000STAFF:
Tim Blandford
SUBJECT:
First Reading of Ordinance No. 90, 2000, Authorizing the Mayor to Execute a Deed Establishing
and Limiting Rights of Access Along a Certain Portion of State Highway No. 68 (Harmony Road),
and Accepting a Quit Claim from the Colorado Department of Transportation to the City Eliminating
Existing Rights and Limitations of Access.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
The Preston Center at Wild Wood Business Park First Filing(the"Development")was approved by
the City early in 1999 and included in its approval the dedication to the City of a new street to be
known as Gifford Court, which street will intersect with East Harmony Road. The Development
approval also included certain other City-required improvements to Harmony Road along that
portion of Harmony Road abutting the Development. The developer has completed the construction
of Gifford Court in accordance with the approved utility plans but has not connected Gifford Court
to Harmony Road because the connection to Harmony Road cannot be allowed until the access line
("A-Line")as previously established by the Colorado Department of Transportation("CDOT")and
the City has been amended to make accommodation for Gifford Court and for the other
improvements.
The A-Line is an "imaginary" line established by CDOT and agreed upon by the property owners
adjacent to the A-Line establishing the rights and limitations on access to the state highway. CDOT
has developed a system whereby the A-Line is established through deeds so as to protect CDOT
from subsequent arguments by adjacent property owners that they may own a real property interest
in access to the highway. Therefore,the A-Line was originally established by deeds to CDOT both
limiting and granting access to Harmony Road. In order to modify the A-Line,CDOT has prepared
and executed a quit claim deed to the City and the other adjacent property owners quit claiming
CDOT's interest in the presently existing A-Line. However, CDOT will not deliver the quit claim
deed eliminating the present A-Line unless all of the adjacent property owners grant to CDOT a new
warranty deed establishing the new access points and new limitations and other improvements.
The City becomes involved in this because of its ownership of the right-of-way for Gifford Court.
Since the City already has recorded the development plat,it owns the right-of-way for Gifford Court
and becomes an adjacent property owner along that stretch of Harmony Road.
Accordingly,this Ordinance authorizes the Mayor to execute the warranty deed establishing the new
A-Line access rights and limitations and also accepts the warranty deed from CDOT eliminating the
prior access rights and limitations. Each deed is dependent upon the other and without one the other
DATE: July 18, 2000 2 ITEM NUMBER: 21
cannot be delivered. Staff is asking the Council to both accept the quit claim deed from CDOT to
the City and to authorize the Mayor to execute the new A-Line warranty deed.
In order to fulfill the requirements of the development agreement for the Development,the A-Line
must be amended. Additionally,Gifford Court cannot be connected to East Harmony Road until the
A-Line is amended and the developer has obtained access permits from CDOT. Gifford Court is
presently fully constructed up to the Harmony Road right-of-way line and the developer,as well as
the City, is anxious to complete the connection.
Since the warranty deed conveys an interest in real property, as that term is defined in Section 23-
112 of the City Code,it is necessary for the City Council,pursuant to Section 23-111(a)to authorize
the conveyance by ordinance. The Ordinance must also contain a recitation that the sale or
disposition of the land is in the best interests of the City. The proposed Ordinance accomplishes this
purpose.
Attached is a drawing showing the location of the proposed Gifford Court connection to East
Harmony Road adjacent to the development.
• ORDINANCE NO. 90, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A DEED ESTABLISHING
AND LIMITING RIGHTS OF ACCESS ALONG A CERTAIN PORTION OF STATE
HIGHWAY NO. 68 (HARMONY ROAD),AND ACCEPTING A QUIT CLAIM FROM THE
COLORADO DEPARTMENT OF TRANSPORTATION TO THE CITY ELIMINATING
EXISTING RIGHTS AND LIMITATIONS OF ACCESS
WHEREAS, as the result of the City's approval of the Preston Center at Wild Wood
Business Park First Filing (the "Development") it has become necessary to amend the access line
("A-Line") for East Harmony Road adjacent to the Development; and
WHEREAS,the City is the owner of a certain street that has been dedicated on the plat for
the Development known as Gifford Court; and
WHEREAS,the Colorado Department of Transportation("CDOT")has required the City's
participation in the execution of a warranty deed from the various property owners to CDOT
establishing a new A-Line for that portion of East Harmony Road; and
WHEREAS, CDOT has further conveyed by quit claim deed its interest in the access and
limitations of the presently existing A-Line along that portion of Harmony Road and has requested
the City's acceptance of said deed; and
WHEREAS, until the aforesaid quit claim deed has been accepted by the City and the
warranty deed executed by the Mayor(and access permits granted by CDOT the developer),Gifford
Court, although constructed, cannot be connected to East Harmony Road; and
WHEREAS,Council has determined that it is in the best interests of the citizens of the City
that the aforesaid A-Line amendments be made in order to enable the developer to complete its
obligations for public infrastructure necessitated by reason of the approval of the Development;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
interest 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 Mayor be and hereby is authorized to execute a warranty deed
establishing and limiting rights of access to East Harmony Road (State Highway No. 68) adjacent
to the Preston Center at Wild Wood Business Park First Filing, which deed is attached hereto and
incorporated herein by this reference as Exhibit "A'; and that the City Council finds that this
disposition of real property is in the best interest of the City of Fort Collins.
Section 2. That the Council does hereby accept the quit claim deed eliminating the
present rights and limitations of access to East Harmony Road (State Highway No. 68) adjacent to
the Preston Center at Wild Wood Business Park First Filing, which deed is attached hereto and
incorporated herein by this reference as Exhibit "B".
Introduced and considered favorably on first reading and ordered published this 18th day of
July, A.D. 2000, and to be presented for final passage on the 15th day of August, A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of August, A.D. 2000.
Mayor
ATTEST:
City Clerk
EXMrF A
PACE 1 OF 2
• QUITCLAIM DEED
THIS DEED,dated May 22, 2000
between DiPAMI M'OF M4EUMM, SLATE CF 03ffitAL0
of the CITY AND -County of 1)F7M and State of
Colorado.grentor(s),and City of Fort Collins, First Oxd Bank,
Igesteln VIE Ltvmtfrent9.IIL, a Dela l.itaited liability cavany
The Croup Le., Real Estate Asmdatm, A Colorado CcrPmr tim and
Max R. &wnlee, Jr. and Elizabeth avenlee
whom legal address is 300 Iaporte Aveme, Ft. rii;..e, CX) 8M
Of the County of LVEM and Star of Colorado gnntee(s),
WITNESS.that the grantor(s),for and in consideration of the sum of
the receipt and mRd DOLLARS.
pt sufficiency of which is hereby acknowledged.ha remised.released,sold and QUITCLAIMED,and by them
presents do remim,releam,sell and QUITCLAIM unto the grantee(,), hefts,successors and assigns forever,all
the right,title,interest,claim and demand which the grantor(s)ha in and to the real property,together with improvemems,if any,
situate,lying and being in the Court of
b LARIIM and Slue ofColotado.
described u follows:
SEE mum "A"DA7ID A=23, 1999 RR:
. PH1M N ML S0068(5)
PAXM NiEER A0-22
. S(1B=TO ANY AND AIL EL33e S OF RMO, AM)TO ANY AND ALL MS=UL'II. M AS CSSII=,
AND FOR 1HM MAINDawa AS MTV..
also known by street and number as:
assessor's schedule or parcel number:
TO HAVEANDTO HOLD the come,together with all and singular the appurtenances and pnvikgc thereon,belonging.w in anywix
props nmum,be and b W a the fightdtk,intervalW claim whyxever of rile gnn u%either in law or equity,to the only
granme(s) heirs aed assigns forever.
IN WITNESS WHEREOF.the gnmor(s)ha executed this deed can the dam ma forth above
ATIESr: IEPART M OF MWMU 'AM,
SLATE OF curnnD
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'I10rQAC6/. ffi't♦E1T. Q, P CfIIt1C FIR RLLiD'OF WAY M .wr.,a,ue's r. xr..ixrwx, O�FNGII♦E$2
STATE OF COLORADO
ss
City and County of Denver
The foregoing imtmrnw was acknowledineer and Doug W.
ged before me this 22nd day of May 2000
Bennett, Chief Clerkofor T
iRight of Way, DEPAR. ReMMENT OFief RTRANSPORTATI0N, STATE OF
COLORADO.
\FER q Witns,my hand and official sed.
4ci�N•""'•• My conamasnexpires: /17a //,a00a
�tPUBLIC.If umonaec
NCO 4 a.,ramsrr`ermwroa�eo.rtroro�w�asuriay.cas.l
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EXHIBIT A
' PAGE 2 OF 2
EXHIBIT"A"
PROJECT NUMBER:S0068(2)
PARCEL NUMBER:AO-22
DATE:August 23,1999
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS to and from any part of the Right
of Way of Colorado State Highway No.68,a freeway established according to the laws
of the State of Colorado,along or across the access line or lines described as follows:
Pro ect No Parcel No. Location of line
S0068(2) AO-22 Southeriy
Commencing at the Northeast Comer of Section 5,Township 6 North,Range 68 West of
the&Principal Meridian,Larimer County,Colorado;
Thence S0102T42"E along the East line of the Northeast Quarter of said Section 5,a
distance of 111.90 feet;
Thence S84004'30"W,a distance of 30.10 feet to the West Right of Way of the County
Road(July 1969)and Point of Beginning;
Thence N48"3T00"W,a distance of 67.80 feet;.
Thence S84004'30"W,a distance of 218.60 feet;
Thence on the are of a curve to the right having a delta of 05044'00";a radius of 5810.00
feet;a distance of 581.38 feet the chord of which bears S87045'31"W a distance of
581.14 feet
Thence N86050'30"W,a distance of 113.20 feet;
Thence N89022'30"W,a distance of 150.00 feet to the center of a 24 foot opening;
Thence continuing N89022'30"W,a distance of 638.40 feet to the West line of Preston
Center at Wild Wood Business Park First Fling,City of Fort Collins,County of Larimer,
State of Colorado.
Basis of Bearings: The East line of the Northeast One-quarter of said Section 5,being
monumented at the northeast comer by a 3"brass cap stamped"Larimer County -
Horizontal Contror in asphalt and at the East One-quarter comer by a 2"aluminum cap
stamped"LS 14829,1994"is assumed to bear S01"2742"E.
This conveyance is made to remove a portion of the access control described by dead
dated April 13,1970 and recorded Reception No.978988 Larimer County Records.
_ `p`�NuuuuOrypir��
G m � Y.
Professional Lnd Surveyor
Colorado P.L.S.No.24307 = 24307 c
For and on behalf of JR Engineering B$
2620 E.Prospect Road,Suite 190 �2,
Fort Collins,CO 80525
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EXHIBITB —. .
PAGE 1 OF 5
WARRANTYDEED
THIS DEED.made this day of
between MY OF F421'OILDE. Fnw amm BANG,
WEM VIE INV6DEM, IIC, A ERAWARE L1AM LTAEUM MFANY,
DE QW INC., REAL FSTA'!E ASSCCIA'IES, A 031RADD OZtFfItAM AN usta
of the •County of L61UM and State of
ADD .grantor,and WAMCE CF'IRAISMMM
SEM OF OURAIp
whose legal address is 4301 E. AIMMAS AVEu
MM. CD 8=
of the CI1Y AND County of TdINkR and State of 0113AD7
9rmtee
WITNESS,that the gram w,for and in consideration or the sum of
the necdDt and mflicieaq of which is hereby aclumwlMge4 has DOLLARS,
gnnte4 bargamc4 sold and conveyed,and by these Presents dog grant,
bargain,sell,army and penfirm unto the grantee,his heirs and assigns forever,an the test ptowty,together with ins siaam4 IYing and being in the County of LAR1a1FR Drovemema,if any.
dexrbed as fdlm a and State of Colorado,
i
SEE CDOM EM= 'V'DSIFD AIII:6T 23, 1999 FCR:
FMJECr NUM: SMW5)
PARM MPM: AC 22
I
SIB FM 10 AN E4S AND ALL OM CF REM, AND 10 ANY AND AIL E(iMW U1II,TTIFS AS Off,ANDOM
E AS H93N ARY.
ff°*MAR R. GMUM, .uL AND EL1 jMM(RFa'M
dw kaowa by street sod Dumber as: ;.
asaMmes scitedwe or parcel mother:
TOG
ETHER with an and singular the hereditament,and appm monnees thereuato belonging,and Win anywise aDDmaining,the reversion
reversion,remainder am mtainders,mnta issues and Dmfib thereof,sad an the maatk right, y i interest,claim and demand
TO HAVE AND TO HOLD the said equity,of,is sod m the above bargained premi es,with the hertditamats and appurtenances:
assigns fame,.The Premises above bargained and described,with the appurtemmcq unto Nn grant has heirs and
gnavton for himself,his i heirs and persnaal repremnunm,does eoserant,grant.bargain.and agree to and with the
grantee,his heir and asigns,that a[the time of the emealing and delivery of them Dmsenta he is wen seized of the premises above
aom)e4 bas 9ood.sunk Derfecs.absdute and indefeasible estate of inherianck in law,in fa simptk and has Dsame are five sari cicarower from
lawful authority m grant,baWim,srll and eonvey the same in mama,aW form as of good right,fun and
an
farmer and other Panty barpias,sales,Imm,taxes,assro mese""Mmobrances and mnrienonss of wWteser kind or mature soevv,except
The grantor shall and win WA
RRANT AND FOREVER DEFEND the above baganed Dneraiw N the quiet and Peaceable possessim
of the grantee,has heir sad aaiOns.against aV and every parser wpersasp whokmsoy Dan thereof
ThesiapdarmnmhefsWinth, thephnnl,thepltalthe ' e=ofmypnth "be
IN WETNESS WHEREOF,the ood o me dtheusertashen, shah be aPDnosbkN Wgmdera
9tsamr has seated this deed on the dad,sn forth atom,
STATE OF COLORADO
Country of n
by The fotegrsing iastmment was scimowledged before me this day of
Whamat my hand and ofiicid seal.
My communion expires:
. 'Ifia De v,itnt`pry.aa,
newrYPYac
NMrWAaCpll4w Qartly Hn'bOewalylo ism R 16IS406A Gn3J
Na93LLRas491. wAgRurfyp¢ppy,pyag,e g�
If adfe,d�nbROiea,l Yal waw a4lsma C0 mM3—D03)29333ga—1bM
1UN-08-00 THU 10:46 AM WESTERN PROPERTY FAX:9702234671 EXIMITB
PAGE 2 OF 5
The Group Inc.,Real Estate Associates
A Colorado Corporation
By: Sharianne Daily, President
State of Colorado }
}
-County ofLatimer }
The foregoing instrument was acknowledged before me on this_day of 2000 by
Sharienne Daily as President of The Group,Inc.,Reel Estate Associates,a Colorado Corporation
Witness my hand and official seal
My commission expires:
Notary Public
Max R Greenlee,Jr Elizabeth C.Greenlee
Tenant in common Tenant in common
State of Colorado }
}
County of Larimer }
The foregoing instrument was acknowledged before me on this_day of 2000 by
Max K Greenlee,Jr.and Elizabeth C.Greenlee,as Tenants in Common
Witness my hand and official seal
My commission expires:
Notary Public
JUN-08-00 THU 10:46 AMWESTERN PROPERTY FAX:9702234671 EXIImITB
PAGE 3 OF 5
•
1 Choice Bank
By: Michael K. Sanders,President
State of Colorado }
}
County of Latimer }
The foregoing instrument was acknowledged before me on this_day of 2000 by
Michael K. Sanders as President of 1"Choice Bank
Witness my hand and official seal
My commission expires:
-� Notary Public
Western VII Investment,LLC
A Delaware Limited Liability Company
By:Western Property Advisors,Inc.,a
• Colorado Corporation As Attorney-in-Fact
By Stanley E.Whitaker,Jr,Vice President
State of Colorado }
- County ofLarimer }
The foregoing instrument was acknowledged before me on this_day of 2000 by
Stanley E.Whitaker,Jr.,Vice President of Western Property Advisors,Inc.,a Colorado
Corporation as Attorney-in-fact for Western VII,Investment,LLC,a Delaware Limited Liability
Company.
Witness my hand and official seal
My commission expires;
Notary Public
EXFIIBrr B _.
PAGE 4 OF 5
EXHIBIT"B"
PROJECT NUMBER:50068(5)
PARCEL NUMBER:AC-22
DATE:August 23,1999
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from
any part of the Right of Way of Colorado State Highway No.68,a freeway established
according to the laws of the State of Colorado,and from and to any part of the said real
property of the Grantor in Lots 3,4 and 5,and Gifford Court in Preston Center at Wild
Wood Business Park First Fling and other property in the Northeast Quarter of Section
5,Township 6 North,Range 68 West,of the 6 Principal Meridian,in Ladmer County,
Colorado abutting upon said Highway,along or across the access line or lines described
as follows:
Prolect No. Parcel No. Location of line
S0068(5) AC•22 Southerly
Commencing at the Northeast Corner of Section 5,Township 6 North,Range 68 West of
the a Principal Meridian,Ladmer County,Colorado;
Thence S01"2T42"E along the East line of the Northeast Quarter of said Section 5,a
distance of 83.17 feet;
Thence S88032'18W,a distance of 63.60 feet to the Point of Beginning;
Thence N48"3T0o'W,a distance of 22.12 feet;
Thence S84604'309N,a distance of 218.60 feet;
Thence on the am of a curve to the right having a delta of 05044'00";a radius of 5810.00
feet;a distance of 581.38 feet the chord of which bears 887045'31"W a distance of
581.14 feet .
Thence N66050'30"W,a distance of 51.30 feet to the center of a 123.80 foot opening
which is being excepted from this access limitation;
Thence continuing N86050'30"W,a distance of 61.90 feet;
Thence on the arc of a curve to the left having a delta of 90000'00";a radius of 30.00
feet;a distance of 47.12 feet;the chord of which bears S45037'30"W a distance of 42.43
feet to the west line of said Preston Center at Wild Wood Business Park First Fling,City
of Fort Collins,County of Larimer,State of Colorado.
The right of the Grantor to have the following points of access at the location set forth
hereafter,to be limited In use by the Grantor to the width and location designation
according to the centerline stationing of the Grantee's Project Number:50068(5). -
CENTER OF ACCESS OPENINGS OPPOSITE
WIDTH LT.OR FIT. CENTERLINE STATION
123.80 FOOT FIT 148+62
EXMBfT A
PAGE 5 OF 5
Basis of Bearings: The East line of the Northeast One-quarter of said Section 5,being
monumented at the northeast comer by a 3"brass cap stamped"Larimer County
Horizontal Contror in asphalt and at the East One-quarter comer by a 2"aluminum cap
stamped"LS 14829, 19W is assumed to bear S01027'42"E.
J``p"�\�1a REG/Sr/�iq�''i
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Garyaq+ b.�
Professional n eyor 24307
Colorado P.LS.No.24307 z
For and on behalf of JR Engineering °
2620 E.Prospect Road,Suite 190
Fort Collins,CO 80525 ��iryuftunu1111�p��
PR POSED Hewlett Packard
GIFFOR COURT/HA MONY RD.
INTE SECTION Symblos Logic Co
EAST HARMONY RD.(Colroado State Hwy 68) c'
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Pr Canter Preston Cent w
1st Fiing 3rd Filing N
Celestica
Preston Center 2nd Filing
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HARMONY PARK
s:
07/07/00
Preston Center at Wild Wood Business Park
1st Filing-Access Line (A-Line) Amendment
Site Location 1"=600'