HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/15/2004 - ITEMS RELATING TO THE COLORADO DEPARTMENT OF TRANS ITEM NUMBER: 13 A-B
AGENDA ITEM SUMMARY DATE: June 15, 2004
FORT COLLINS CITY COUNCIL STAFF: Mark Sears/
Patricia Dennis
SUBJECT
Items Relating to the Colorado Department of Transportation Proposed Rest Area.
RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
The Natural Resources Advisory Board reviewed the proposed Colorado Department of
Transportation (CDOT) Rest Area Project and the related property exchange at its January 7 and
February 4, 2004 meetings and has recommended adoption of the ordinance.
FINANCIAL IMPACT
The City of Fort Collins Real Estate Services staff has determined that the property interests to be
exchanged are of approximately equivalent fair market value.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 097, 2004, Authorizing the Conveyance of Approximately
16 Acres of City Property and a Related Temporary Easements to the Colorado Department
of Transportation for Use and for a New Public Rest Area in Exchange for Approximately
22 Acres of Land and Related Access Easements.
B. First Reading of Ordinance No.098,2004,Authorizing the Amendment of the City's Mining
and Reclamation Agreement With LaFarge for Mining on the Resource Recovery Farm in
Connection with the Exchange of Land for a New Colorado Department of Transportation
Rest Area.
BACKGROUND
These items relate to a voluntary exchange of parcels to allow the Colorado Department of
Transportation to develop a new rest area immediately south of the current Colorado Welcome
Center on Prospect Road near Interstate 25. This proposed exchange will allow a new rest area to
be built on a 16.024 acre site designed to be compatible with and enhance existing adjacent
improvements. The site has a panoramic view of the foothills. Traffic engineers at Stantech
June 15, 2004 -2- Item No. 13 A-B
(formerly Sear Brown)have concluded that the City will have improved traffic capacity and safety
as well as better flow of traffic at the intersection of I-25 and Prospect Road as an additional benefit
of the proposed Rest Area.
In exchange for its conveyance of the required property to CDOT,the City of Fort Collins will receive
the site of the existing 22.62 acre southbound rest area (west of I-25) with all improvements
scheduled to be demolished after the new rest area is opened. The disturbed portions of the old rest
area site will be restored to native grasses by CDOT and the 22.62 acres will be added to the City's
Arapahoe Bend Natural Area after the site is restored. Scheduled occupancy for the new rest area is
late 2005.
Additional conveyances of easements and other transactions necessary for the project include:
• From the City to CDOT, a Temporary Access Easement to be situated in the Running
Deer Natural Area for CDOT's construction access to the new site. The temporary access
will allow the construction traffic to be segregated from existing traffic flow into the
Colorado Welcome Center;
From the City to CDOT, a Temporary Construction Easement at the proposed rest area
site for construction purposes;
• From CDOT to the City,a Permanent Access Easement through the new CDOT Rest Area
for maintenance access to the Running Deer Natural Area;
• To the City, a Permanent Access Easement is in the process of being negotiated and
acquired by the City and CDOT,from the owner of the property adjacent to the Old Rest
Area Property;
• To the City, a Permanent Crossing Agreement and Access Easement from Omni Trax
acting on behalf of the Great Western Railroad is in process of being negotiated and
acquired,by the City and CDOT, to allow the City to access the Old Rest Area Property
for maintenance and management of this site which will become a part of Arapahoe Bend
Natural Area;
• Amendment to Mining and Reclamation Agreement at Resource Recovery Farm(known
as the Running Deer Natural Area)dated April 24,2000 between LaFarge North America,
Inc. (formerly Western Mobile Northern, Inc.) and the City of Fort Collins ("MRA") to
allow the legal description of the leased area as set forth and described in the MRA to be
removed from the leased property upon completion of the actions and events as follows:
1. Lafarge will be required to backfill with clean fill and grade the Rest Area
Property to its original (pre-mining) ground contours no later than August 31,
2004.
2. The City will request that the Colorado Division of Minerals and Geology
inspect the Rest Area Property and provide a letter to the City releasing this
parcel from the Permit Boundary of DMG Permit No. M99078.
June 15, 2004 -3- Item No. 13 A-B
3. Upon receipt of the above-referenced release letter and as of that date,the Rest
Area Property shall be considered by the parties to have been removed from the
leased area and Lafarge will have no further reclamation obligations for said
Rest Area Property.
4. The City will also obtain LaFarge's consent to the CDOT easements to the
extent they will be situated within the leased area.
ORDINANCE NO. 097, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
APPROXIMATELY 16 ACRES OF CITY PROPERTY
AND RELATED TEMPORARY EASEMENTS
TO THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR USE FOR A NEW PUBLIC REST AREA
IN EXCHANGE FOR APPROXIMATELY 22 ACRES OF LAND
AND RELATED ACCESS EASEMENTS
WHEREAS, the City of Fort Collins owns a +/-16.024 acre tract of land located to the
south of the Colorado Welcome Center, on Prospect Road near Interstate 25, which tract of land
is a portion of Running Deer Natural Area and is more specifically described on Exhibit "A"
attached hereto and incorporated herein by this reference (the "New Rest Area Property"); and
WHEREAS, the Colorado Department of Transportation ("CDOT") owns a+/-22.61 acre
parcel located on the west side of and along Interstate 25 just north of where the Cache La
Poudre River crosses under the Interstate, which parcel is adjacent to Arapahoe Bend Natural
Area and is more specifically described on Exhibit "B" attached hereto and incorporated herein
by this reference (the "Old Rest Area Property"); and
WHEREAS, CDOT has proposed the development of a new public rest area on the City
Property to replace the rest area currently located on the Old Rest Area Property; and
WHEREAS, in order for the development of the new public rest area to proceed, the
exchange of these properties, and the conveyance of related easements and access rights will be
required; and
WHEREAS, CDOT has requested from the City a twenty (20) foot wide Temporary
Access Easement of +/-0.167 acres on adjacent City land in Running Deer Natural Area to the
south of the New Rest Area Property in the location depicted on Exhibit "C" and incorporated
herein by this reference (the "Temporary Access Easement"); and
WHEREAS, CDOT has requested from the City a Temporary Construction Easement on
adjacent City land in Running Deer Natural Area to the south of the New Rest Area Property and
depicted on Exhibit "D" attached hereto and incorporated herein by this reference, to be legally
described at the time of conveyance based on survey information (the "Temporary Construction
Easement"); and
WHEREAS, CDOT has agreed to convey to the City, in exchange for the foregoing
property interests, a twenty (20) foot Permanent Access Easement for access through the New
Rest Area Property to Running Deer Natural Area for the purpose of operations and
maintenance, in the location depicted on the aerial view map attached hereto as Exhibit "E" and
incorporated herein by this reference, to be legally described at the time of conveyance based on
survey information (the "City Access Easement'); and
WHEREAS, in addition, for access to the old Rest Area Property CDOT and the City are
in the process of negotiating an additional permanent access easement from the owner of
property adjacent to the Old Rest Area Property in the location depicted on the aerial view map
attached hereto as Exhibit "F' and incorporated herein by this reference, to be legally described
at the time of conveyance based on survey information (the "Additional City Access
Easement"); and
WHEREAS, in addition, for access to the Old Rest Area Property, CDOT and the City
are in the process of negotiating a Permanent Crossing Agreement and Access Easement from
Omni Trax acting on behalf of the Great Western Railroad to allow the City to access the Old
Rest Area Property for maintenance and management of that property across adjacent railroad
right-of-way, in the location depicted in the aerial view map attached as Exhibit "F' (the
"Railroad Access"); and
WHEREAS, by separate ordinance, the Council has also considered the approval of an
amendment to the Mining and Reclamation Agreement between the City and LaFarge North
America, Inc., and dated April 24, 2000, related to mining on the Running Deer Natural Area
property (formerly known as a portion of the Resource Recovery Farm), in order to allow the
transactions described herein to proceed; and
WHEREAS, the City's Real Estate Services staff has determined that the property
interests described above to be exchanged are of roughly equivalent fair market value; and
WHEREAS, City staff has determined that the development of a new rest area facility in
close association with the Colorado Welcome Center will be of significant importance to the
people of Fort Collins and the State of Colorado; and
WHEREAS, City staff has determined that the Old Rest Area Property, once it is restored
by CDOT to its natural state and added to the Arapahoe Bend Natural Area, will be of significant
value to the people of Fort Collins and the State of Colorado; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of an interest in real property owned by the City,
provided the Council first finds by ordinance that any sale or disposition of that real property
interest will be for the benefit of the City's citizens, and will be in the best interests of the City;
and
WHEREAS, it is the desire of the City Council to authorize the foregoing conveyances as
herein described.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the above-described conveyance of
the New Rest Area Property, the Temporary Access Easement and the Temporary Construction
Easement by the City to CDOT in exchange for the Old Rest Area Property and the City Access
Easement will be for the benefit of the City's citizens and is in the best interest of the City.
Section 2. That the Mayor is hereby authorized to execute such deeds and other
documents of conveyances and agreements as may be necessary to carry out the terms of the
above-described exchange, including the acceptance of the various access easements and rights
herein described, contingent upon the approval of Ordinance No. ??, 2004, authorizing the
amendment of the above-referenced Mining and Reclamation Agreement.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2004, and presented for final passage on the 6th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of July, A. D. 2004.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 098, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE AMENDMENT OF THE CITY'S
MINING RECLAMATION AGREEMENT WITH LAFARGE
FOR MINING ON THE RESOURCE RECOVERY FARM
IN CONNECTION WITH THE EXCHANGE OF LAND FOR A
NEW COLORADO DEPARTMENT OF TRANSPORTATION REST AREA
WHEREAS, the Colorado Department of Transportation ("CDOT") has proposed the
development of a new public rest area on the City Property to replace the rest area currently
located on the Old Rest Area Property; and
WHEREAS, in order for the development of the new public rest area to proceed, the
conveyance of certain property by the City to CDOT, along with the grant of certain temporary
easements to CDOT, will be required; and
WHEREAS, the land to be conveyed by the City to CDOT (the "New Rest Area
Property") is currently within the mining lease area of that certain Mining and Reclamation
Agreement between the City and LaFarge North America, Inc., and dated April 24, 2000, related
to mining on the Resource Recovery Farm property (now known as the Running Deer Natural
Area) (the "Mining Reclamation Agreement"); and
WHEREAS, LaFarge has completed the mining of the New Rest Area Property, and said
Property can be removed from the mining lease area without jeopardizing the performance of
any remaining obligations under the Mining Reclamation Agreement, except for the completion
of site grading on that Property and a partial release of that Property from the applicable mined
land reclamation permit; and
WHEREAS, LaFarge has indicated its willingness to amend said Mining and
Reclamation Agreement as set forth herein, and to consent to the grant of temporary construction
and access easements to CDOT for its construction activities related to the development of the
new rest area; and
WHEREAS, the Mining and Reclamation Agreement was previously approved by the
City Council with its adoption of Ordinance No. 199, 2000; and
WHEREAS, it is the desire of the City Council to authorize the amendment of the
Mining Reclamation Agreement as herein described.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby approves the amendment of the Mining
Reclamation Agreement, including the following terms and conditions, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary to effectuate the purposes of this Ordinance or to protect the interests
of the City:
a. Lafarge will be required to backfill with clean fill and grade the New Rest
Area Property to its original (pre-mining) ground contours no later than
August 31, 2004.
b. The City will request that the Colorado Division of Minerals and Geology
inspect the New Rest Area Property and provide a letter to the City
releasing this parcel from the Permit Boundary of DMG Permit No.
M99078.
C. Upon receipt of the above-referenced release letter and as of that date, the
New Rest Area Property shall be considered by the parties to have been
removed from the leased area and Lafarge will have no further
reclamation obligations for the New Rest Area Property.
Section 2. That the Mayor is hereby authorized to execute an amendment of the
above-referenced Mining and Reclamation Agreement consistent with the terms of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2004, and presented for final passage on the 6th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of July, A. D. 2004.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
DATE: May 26, 2004
Sheet 1 of 2
LEGAL DESCRIPTION
A tract or parcel of land containing 698, 020 square feet,
more or less, in the NE 1/4 of Section 21, Township 7
North, Range 68 West, of the Sixth Principal Meridian, in
Larimer County, Colorado, said tract or parcel of land
being more particularly described as follows:
Commencing at a point on the south and west right-of-way
lines of the west frontage road, shown as point number 502
on the Right-of-Way Plans of Colorado Department of
Transportation Project IR 025-3 (89) , sheet 5; from which the
east 1/4 corner of Section 21 bears S48016130"E, a distance
of 2004 . 85 feet; said point being the True Point of
Beginning:
1. Thence S 17°42' 52" W, a distance of 60 . 00 feet;
2 . Thence S 89°58 ' 43" W, a distance of 620. 00 feet;
3 . Thence N 41°54149" W, a distance of 421. 10 feet;
4 . Thence N 48'05 ' 11" E, a distance of 798 . 84 feet;
5. Thence N 00030156" E, a distance of 42 .29 feet to a
point on the southerly line of that parcel as recorded
in Reception No. 97026804 and 2001012592 of the Larimer
County records, said point also being the northwest
corner of that access parking easement as recorded in
Reception No. 2001012591 of the Larimer County Records;
6. Thence N 88040135" E, along the southerly line of said
parcel a distance of 527 . 98 feet to the west right-of-
way line of said west frontage road;
7 . Thence along said right-of-way line, along a non-
tangent curve to the right, whose radius is 532 . 961 ,
long chord bears S 3036114" W, 259. 83' , an arc distance
of 262 . 47 feet to a point of tangency;
C\DOCUMENTS AND SETTINGS\KCRANGLE.FAC NT\LOCAL SETTINGS\TEM"ARCEL2I.DOC
EXHIBIT "A"
DATE: May 26, 2004
Sheet 2 of 2
8 . Thence continuing along said right-of-way line, S
17042152" W, a distance of 613 . 89 feet, more or less to
the Point of Beginning;
Said described parcel of land containing 698, 020 Square
Feet, 16. 024 Acres, more or less.
Reserving unto the Grantor a twenty foot (20' ) wide access
easement to be determined and described upon completion of
construction of the new rest area on this site.
Basis of Bearings : All bearings in this description are
based upon the east line of the NE 14 of Section 21, Township
7 North, Range 68 West, as monumented on the north by a PK
nail in the bridge deck and on the south by a #4 rebar and
cap, as bearing N 00°13' 20" E and having a distance between
of 2636. 30 feet.
This legal description was prepared by me based upon
drawings and recorded documents and does not reflect the
results of a new and separate field survey.
CADOCUMENTS AND SETTINGS\KCRANGLE.FAC_NT\LOCAL SETTINGMTEMP\PARCELII DOC
i
-�� -•-y ;e:uE FR;Y.:EnG:nEdBiM4 30:2917:Ic 1u:970 ei6`J rlct� - y
r-a
i
I
IT
�' �' r •_3 Q E Page 11208(32)254 see. 1 �
I /3 j�, 7 i,welend clrela-NerrA
1 Parcel Ns. 23-AR. E23
11 PERI1ANArT RAZ WENT
�I
3iLMOV ALL )QN 0Y rNESE MESZWM. That the DCPAR=Ifr OF GAW. FISH
and pAWS, STATE OF coMWAf11, hereinafter called the Grantor, for and to
41 eanaiderattoe of the aum of OW DOLLAR ($L.00) and other valuable can-
s iderstion to Le in hand paid by the Deps¢able of NighvaYs. State o1
Colorado, hereinafter called the Croatee, rereipr of vhleh lu hereby
anknewlaagcd, ha• gtved and groacad. and by chase prenencs dote herrky
61 give and grant veto the .aid Oraaeee, • pa gecval Eu eneor on. s:nna,
over and across the Swllwing deacribed p.e+i as, c.-vir:
7i
A eraet or parcel of land Teo. 27-4g of oep+rta nc of N{ghva ya.Sc+<.:
g;I of Colorado, project No. 1 25-3(31)258 containing SZ.6Z acres, nmrc n,
less, in the W.Jk of Section 34,.TcaRstp 7 North. Range 68 West, of rht
9; Sixth 2r(ntipal Meridian, in Latimer CaWsty, Colorado, said tract or Mr-
cel being sore particularly described as follow:
10 it
aagtnning at a 'potne on the north 1Lre of Section 34, T. 7 N.. R.
11 69 V., front 4eieb the W corner of Section 34 bears N. 89- 49' W. , a dl,-
tame of 1.301.8 feet:
121
L. Thence staeg the north line of Section 36, N. 89' 49' v. , w dcc-
13� canoe of ;.1,021.4 face to the preperq line;
2. 111:01te along the property line S. 34' 41' E., A distenee of L,hJS.'
feet;
3. Thence Along the property line S. 58' 13' Z., A dlatnace 0f 260.:`
15I fear;
. Thence along the property line S. 44' Us E.. a distance of lf..7.
i nil fact;
5. Thence along the property line 3. 12' 34' E., a diatwacc n1 259..
371i G. Thence along the property Item S. 74' 53' Z., a diaoncc of U.-'
1, co the westerly right of way line of 3.x. 185 (Pcb. 1963);
1al r. Thence along the vs tcrly right of wy line of S.H. 155 Me. V-a
' M. 12' 34' W., a diatansa of 622.7 Eeac;
191 8. Thence N. 4V 4a' W., a distaste of Z02.6 feet;
9. Thence N. 12' 34' v., a distame of 450.0 Eecq
201 10. Thoace N. 12' 32' 30" E., a diacaooe of 193.3 feet;
I 11. Tfiema N. 12' 19' 30" W.. a distance of 400.0 face;
21I 12. Thence N. 15" 10' W., a distance of 248.3 fear, are or hu, r,
the point of beginning-
22
The above deem ribed psrcml contains 72.62 acres, mere or lcu, of i,.•
23 0.70 arms are in the right of wy of the present road.
24I Sobjeac c♦ a rereunent E.a omenc E-23, to t,vis ummla and Clacls r.
OanceL, their successoro and assigns, for the purpose of construction
251 nAlnt.nanc. of an irrigation ditch. Said Nimmmnc is described as follow,
26,1 Beginning at • petoc on the earth Jim of section T4, r. 7 M., 8 r.�•
!1 of the Sixth Principal Meridian, in Lorimer Cassel. Colorado, iron vh Ler. r.-
27i NW corner of section 34 bears N- a9' 49' W., a diatoms of 1.507.8 feet,
S. 15' 10' Z., a discwnce of 31.L face to the coutherly rlghc of w0y L o-
261 the Caun cy Noad. which is the tram point of beginning,
1. Thence M. 89' 49' W., along astd right of vay, w distance at
1 1.008.7 feet;
.SCI� 2. Thence 5, 34- 41' E., a distance of 24.4 feer;
3. Theme S. 89' 49' R.. s Atacama of 1000.3 face, to ch. was Geri.
right Of wy line of Scare 'yighwy 185;
t 0"I IJ7\
� .X
1•C 0�='IT
mo\o. I
� 1
7a_-'yli:te ro:970 ec� :cFia .• ..
ExhlbleM 2 of 2
T 25-30i)259 set. 1
Loveland Circle-Nercb
t Farseu.ent Laelnc Parcel Am. 23-AR
1I� 4, Theme* N. 15' 101 W.. a distance of 20.7 feet, mere or lee-, n•
2hl the pint of begiania<_
311 The shove teacrLhed parcel contains 0.46 acres, more or less_
4II The Jove aaaeatefte shall terminate at sees eise as it eeaeas to b.
used for irrigation ditch purposes for 24 awrui or longer.
$ For the purpose of constructing and salatainiag a:Road-stdc Park
6 Rut Area, Including driveways, psehLng area, landceoptog, shelttra. ;
nle cables, drinking weer supplies,publie rest cow mad arbor foci l r.:
7 for the .asfoec and convanieeee of bighv.y user..
pi It i. * .onditi.o of this eosomt that the Greece. will keep ..I-;
1 ,preaisea to a sightly and uRtng eondiclon, and will not pawl[ the a�
g coWlatioo of tresh, rubbish as: refuse charesn.
10 IN WITNESS WHEREOF the Grantor has caused these presents to be cxccer,
by lee Dtreeter. duly a.tlomri.ed herein, chi. /.rr• my of
u A.D., 1964.
121
Daparrimant of Gas, Fish and f.:k-
13 STATE OF COLORADO
14
l
Marry jk. Wadwrd., Di roe ear
16i
)
17 SLATE OF'COLORACO ) so
CITY AND COUNTS OF DOWER )
1a
19 The show tnstTUmMoc oSs'aci iwlcdgpd before se by Harry R_ Woadua,.,,,
Discreet, Deparrasoc of Gros, Pi b sod reeks. State of Colorado.
20
Witness my hand and officlr . seal this Id77' day
21 A. D_, 1966.
22I)
My e came ission expires JAY Agh"91i14n arPImS I{ov_mtcr 1ti 1997
23
24I /
25i (/Notary ypblic
26 .
27
zap
29
i
301'
321j 1
1 j
I I
I
I
i
I
i
. . � . /i.'-
s ate " ' J r
jilt � �_
I Ill.
e e "
a AGO.if vigil
�Y
V 4 { q
L� O m .
fie ¢�
U. xzzd �j d 3
d
p �' O O O �C � N « 'Cq
H H g zdU a .... �S 1 ;
O
� O Q
W6F
ptl Y ►r�+ , y�; d� .W u ti S `1
W 0 0 Q ti ^ Cy Q'y i►l �.`4 5 w 8
E-1 W u
i7 s4
dai p
O W EB
E O l'/M( C W U . 1
_ O ` ��6�X • Q F
�r C7 L
P4 a xa s
i vie
PRO
All
m�
0
U
Y
v t
x-'
3 � i
•✓ , f�
f
i
4
W:
l5"
r
.0
op
a"
d
w } o
F �q4
V.
Y
k
�k k
i N k
do
s t
v t • >