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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2000 - SECOND READING OF ORDINANCE NO. 90, 2000, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 11 FORT COLLINS CITY COUNCIL DATE: August 15, 2000STAFF: lip Tim Blandford SUBJECT: Second 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 Second Reading. EXECUTIVE SUMMARY: This Ordinance,which was unanimously adopted on First Reading on July 18,2000, 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 cannot be delivered. AGENDA ITEM SUMMARY ITEM NUMBER: 21 , FORT COLLINS CITY COUNCIL DATE: July 18, 2000lip STAFF: 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 o Ce.,i i kicei Readin 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, whic e n ec H ony Road. The Development approval also included cert other req ove is to Harmony Road along that portion of Harmony Road abu g the elop n e deve r has completed the construction lip of Gifford Court in accordance a ap ed pl 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 where - es o eeds so as to protect CDOT from subsequent arguments b djace t ope er at may own a real property interest in access to the highway. The ore,the -Lin nginally tablished by deeds to CDOT both limiting and granting access to ny n r to m 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 roe as that term is defined in Section 23- 112 of the City Code,it is nece Ci o i Section 23-111(a)to authorize the conveyance by ordinanc The inanc so n a recitation that the sale or disposition of the land is in the t in of . The pr osed 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.