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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/2004 - ITEMS RELATING TO THE COLORADO DEPARTMENT OF TRANS ITEM NUMBER: 11 A-B AGENDA ITEM SUMMARY DATE: July 6, 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 Second Reading. EXECUTIVE SUMMARY A. Second 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. Second 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. 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. 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. Ordinance No. 097, 2004 and Ordinance No. 098, 2004, were unanimously adopted on First Reading on June 15, 2004. 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 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 "remporary 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 publis this 15th day of June, A.D. 2004, and presented for final passage on the 6th day of J 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 LEGAL DESCRIPTION OF NEW REST AREA MM BIT'"A" DATA' ISay 26, 2004 Shout 1 of 2 LE'6i1T. DESCIkIPT):(X 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 rigbt-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 lR 025-3(89) , sheet 5;from which the east 1/4 corner of Section 21 bears S48016'30"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 89458143" W,: a distance of 620.00 feet' 3. Thence N 41°54'49" W, a distance of 421.10 feet 4. Thence N 4$005'11" E, a distance of 798.84 feet; 5. Thence `N 00"30156" 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. 2001022591 of the Larimer County Records; 6. Thence N 8804D'35" 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`.96' , long chard bears 5 3036114" W, 259.83' , an arc distance of 262.47 feet to a goint' of tanoencv; EXHIBIT A LEGAL DESCRIPTION OF NEW REST AREA 8. Thence continuing along said right-of-way line, S 17'42152" W, a distance of 613.89 feet, more or less to the Point of Beginning; Said described parcel of land containing 698,020 Square Peet, 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 Hearings: All bearings in this description are based upon the east line of the NE 4 of Section 21, Township 7 North, Range 68 West, as monumented on the north by a PR nail in the bridge ;deck and on the south by a #4 rebar and cap, as bearing N 00'13120" 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. G10f1;40MS ATiD.szrnNGSW:RANGLUAC_Nt LWALSMTMGSl ZM"Aft-EUI DW EXHIBIT B LEGAL DESCRIPTION OF OLD REST AREA G zs_1t3r3xsa .,ea a 7sx¢i ha, F1 AA, £23 Y£PHAXP..4r £+tE vetFM12' 3 gY.vv4 ALL MEN 5Y 'CNESE 7XESMHY 'Khat.the Qa?"TMINT LF GnY.r, P .sn A" Px"xNS; S:A2E 0`> GOLtjE,Ai'0, hantimafter r1llnd t1=c Orin koe .K.: ana !a E t ae xaeton at th. snap at '7i£ DOLW MS 00) and the[ va wa in cv::- g w dP atian to to in hand paid by the lepattnant of NtgbvAYa, 5tr`e Y1 !j ca lop ado, htratnaForr celled Cho.Cranre>, receipt ntch 1 i saby wexnetri:M gaily b.a 61vna wad 6ra:fta3, and by ,Milo pe .,nor daee Mrcbi- y ai a a-,d a:i]1C unto rbt 6 LC ovet and acroaa the folloxl g d v rib i pm J.No K it:r a { A erirt at pomp: at land .*0 23-A,h of UCyaa L f HSlgt y u,, , of Cnlora da, aropear No. I 25 3(31)258 contaxnfmg 21.62 acrc4 1v ni lama, in tho owk aS $settaa 14, T'cv ship I NMtp., lunge ba Whiz, of 41�r sixth Pri:Kip31 Nrr£dtan, in i.Ar(niP.t chanty. Colorado. xaid irwri a, P., cal being rare pmrticularly dtacribed ax Follova_ .,;gunning at i point an too north l.nc of 34, T 4„ R. 69 N., Er +4,4 b th,W, .otna. ra.. aS SPatian 34 Ma . x. 64' 45 to n j. .ranee of I;SOL d fe,t- 1. Thanav oloag ch, north 11p, at Saacl o 34, N.rg9' 49 , a d1, { plan, of 1,0lLA feet co rho peagasay. `.ina; 2. Tnaoca a}ang."Erie property It.. 5_ 14, 4.4. C.., a Jilt... "t 4,: v' feet, a 3. Thence along (be pra?trfy lien N:-58' 13' C., a d3t G=n:e• at 'I EL '& i fatr; 1. the nrR a.ang. tot pragti;y liht S, 44' 21' E., a ditcincc at i• f¢Rl i 9 .none, alu::g the props rty.;tat S- 12' 34 £ , A o i'nenve a[ang the ptepez ty dint a, 14' 33 L die cn:u.c of }t. a j- ro the vevcncth right of way lane d: 9..E- n o (Sob- 199)i;p. 7 Thenea a4e V,,ht vavtacpt o right at way lino of 5;N. lE= Q'ob. 1 •., h. 12 34' V..,. a dW., a4Lti a,22mo fet2, f 'Erik to Y 42`L$ .I a Qia tC6aa of 702,6 it" 4. -,r a A. 12' 341 v..:a diatanae of 450.0 tt.t; i:t, 'Ot.ar, N. 32' S2 JO" E., a diataace of 193.1 fca r„ {� 1. Th.n a *7 11* 13 30 A., a dlacanca at 00.0 i et Rea a N. 15' 101 U., a 4ittance of 245.1 feet rtiret- 4] tht y ia_ of bag1va a;. 1S. hE aIIo 4a.Y�Lbad pa eel <dneaana MU ."N" n x le.xa, o 0 la a,r,a arc L., rho tLgtt of u'r of rho preaant iU.d e v j Svbjnvc ry a rerxan nc £umexrna a-n, to Lt­xz nil Clar,Lx s• SanYpla, that a as enaoro and aaa teal, Tar the p.xn Se of o mt nett sxf nt nanct of an irrigactoo direh:. Said taaenaht is tlPa sl da. I . 3tgiafltt.g at a paint al th. north It. of 3 coon 14, 1, , N.. {y of t'a sixth P i eipml Mcridiaa. in Latimer coatity. C Aonada 0i, E. Ov o,p,r of 6{ t 34 hR R H. 99' 49 L„ . die[9Rre w- }. $'} 8 t n.L- (. S W 10' E divtwnat of 31.1 f,.t ra, the cautb,,1y right o1 -NY 1 tht C uaty 2a. d, uhicb IN the true point of peEinaing. 99 L. 1hoxce N. 69' 49' 4., iloa6 vaid right.of ✓aY. a di+em net of 1 1,0087 feat; 2. S,N ce S, 34' W E., a dixtaaeo of 24.4 feet; l- 7 a S. 89' 49, E., a diaeanoo of 1000.1 feat., to 6. anrwe:- right of uay lint of state 111ghvay M; 5. . 1 25-1(33)252 Sec. i Law+Innd Cicc7c.-xaz tip Pnrmanant EaaRaRnr PArccl No, 23-AR (k L 4. Thaacc ti. 15' 10, SJ.. a +Aidcartn.of 28.7 Eane, mare tr th. poinr of baginning. 3� ThA above daacrtbed nartal conrafna 0.46 acres, nur+ u. icxz. 4 The above tasement #hall t&minAts at,each time as it ceaa+a to b. ` ua ed for SrYSAalion dirtf, purpoa eafax 24 monthL or lan ger. j P'or the W,poae ol.constoxrti'ag And maintaining 6 nest Area, tacludrng drivevayo, parking Area,. landar APtag, ,Y.rit", nle cables, drinking vAter supplice,publir, rent rooms and orb+r 71F for the comfort and tpnvunieaee of highway ..sera, it is a.¢an dYrlou of thin caa ement that'.the Gra,tac will ne+p s� ,premiues SA a Alghtly And Sanitary condition, and will nor pnta;c the +. 6YCu lotion of trAch, RVUbtAb or refuse the.rvon. ifl:} TN ix1Tnss WORPOB the Oxaneor has canard these prcatnrA to be rx"" - j by its D€roctor, duly Authorized heroin.. this /;Ft• _„day of A.a. , 1466, ti (,gpattmm of t Cam+, Y4s5 and ' 13 . $TATt Of COLORiW t 5 at S7aadvard, Pi rcc roe 61 ) STATE OT COtORADO ) 3a. CITY AND COO41T't OF AMEA } 14 The Above lnetrUmtdt vas ae+ sovledged befart me by harry R. -. DSrettor, Department of Gamt, Pi n and Yarka. Scatc al Culorwdo,: 20 VS tneaa my hand and oEficia .:atal rhla ,`a 71' day of 1I -A_ O., 1366- i Ky romaticaaion exPirna,,,,. x Aig(`d�asi5n erp..ts t{c¢snd;=;r Zk i7 i EXHIBIT C TEMPORARY ACCESS EASEMENT COLORADO DEPARTMENT OF TRANSPORTATION 2M South Meldrum 5" W CAM CO a0521-2603 Tel:MO)4e2-5922 Far(s20)482.6368 staitec.can i StaRteC EXHIBIT DESCRIPTION: A tract of land situated in the NE Quarter of Section 21,Township 7 North,Range.68 West of the 60'Principal Meridian,City of Fort Collins,County of Latimer,State of Colorado,more particularly described as follows: Commencing at the North Quarter Cotner of said Section 21,thence along the north line of the Northeast Quarter of said Section 21,South 88038'37"East 1120.30 feet to the northwest comer of the CDOT easement parcel described at Reception Number 88026808,Clerk and Recorders Office of Latimer County,thence following the boundary of said parcel the following seven(7)courses,distances and curves: 1) South 01°21'23"West 30.00 feet;thence 2) South 45028'39"East 146.17 feet to 3) the beginning of a curve concave to the east,having a central angle of 15°37'26", a radius of 612.96 feet,and a.chord bearing South 14052'29"Fast 166.63:feet, thence along the are of said curve 167.15 feet;thence 4) South 22°41'12"East 110.41 feet;to 5) the beginning of a curve concave to the west having a central angle of40°05'19", a radius of 532,96 feet,and a chord bearing South 02'38'3T'East 365.34 feet, thence along the are of said curve 372.90 feet;thence 6) South 17024'08"West 613.88 feet; 7) thence N 89°40'01"E 18.64feet to the POINT OF BEGINNING of the centerline of a tract of land 24 feet wide with sidelines prolonged and foreshortened to meet the south line of the aforementioned parcel at described at Reception Number 88026808, Clerk and Recorders Office of Lanmer County,thence South 18'06130"West 103.17 feet to the beginning.of a curve concave to the east,having a central angle of 16°41'06",a radius of 488.00 feet and a chord bearing South 09'45'57"West, 141.61 feet,thence along the are of said curve 142.11 feet,thence South 01025'25"West 849.92:feet,thence South 00034'25"West 29.31 feet,thence South 00'16'34"East 91.57 feet to the beginning of a curve concave to the northeast,having a central angle of 89'04'12",a radius of 102.00 feet and a chord bearing South 43006'54"West 143.07 feet,thence along the arc of said curve 158.57 feet,thence South 87039'00"West 54.21 feet to the beginning of a curve concave to the northeast,having a.central angle of M44'41",.a radius of QM feet and a chord bearing North 52058'40"West 79.66 feet,thence along the arc of said curve 85.21 feet,thence North 13051'31"West 11.42 feet to the beginning 1 EXHIBIT C TEMPORARY ACCESS EASEMENT COLORADO DEPARTMENT OF TRANSPORTATION of a curve concave to the east,having a central angle of 09°22'21",a radius of 1012.00 feet, and a chord beating North 09°18'00"West 165.36 feet,thence along the are of said curve 165,54 feet,thence North 04036'50" West 600.61 feet to the beginning of a curve having a central angle of 07"10'36",a radius of488.00 feet and a chord bearing North 08°12'08"West,61.09 feet,thence along the arc of said curve 61.13 feet,thence North 11°47 26"West 93.87 feet,thence North 05°28125 West 24.65 feet,thence North 00050137"East 37.96 feet,thence North 06°29"39"East 22.06 feet,thence North'12°08'42"East 76.73 feet,thence North 18046'02"East 25.83 feet,thence North 25°2322"East 33.62 feet,thence North 31°08'12"East 22.43 feet,thence North36°53'01"East 62.22 feet to the POINT OF TERMINUS. The above described tract contaitis 1.516 acres,more or less, and is subject to all easements and rights-of-way of record or existing. eA 37053 p t Michael David Lang 6 /S-*fl I Colorado Professional Laud Surveyor Reg.#37053 s� �t yo L:\SURVEY\EXHIBITS\813007\RoadrowLegal.doc 6/144/2004 kjllindl 2 EXHIBIT C TEMPORARY ACCESS EASEMENT COLORADO DEPARTMENT OF TRANSPORTATION A REPRESENTATION OF EXHIBIT A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21,TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS„COUNTY OF LARIMER,. STATE Of COLORADO t POINT OF COMMENCEMENT - I i NORTH QUARTER.CORNER (BASIS OF.BEARINGS) SECTION 21 NORTH LINE OF THE ? I NORTHEAST QUARTER ;NORTHEAST CORNER i TOWNSHIP 7 NORTH SEC. 21. T7N, R68W " SEC 21, T7N, R68WRAN I (FOUND 66W I ¢r (FOUND p6 REBAR NO CAP) 1120.30 S 88.38 37 E 2642 27 - yyy999 REC#2001012592 ! REC 97026804 i�_ COOT EASEMENT ! i K & M LAND y RECEPTION;# 88026808. � BOOK 1448 PACE 0669 REC/ 96022167 �, RECORDED'6/13/88 RECORDED 12/17/1970 CSU RESEARCH 1 AND FOUNDATION. ! BOOK 1234 PAGE 0330 '1 ! RECORDED 12/11/1963 `1 ! nN u�atvmEn,;w CT i VAGUE RETRACEMENT bsL amass 1 i I 1e 45EYMf r��+)�+ i I 1 `1 i Iry COOT EASEMENT i RECEPTION/ 88026808 i �—RECORDED 6/13/88 i CITY OF FORT COLLINS, > i / BOOK 1992 PAGE 028 : f\ 10/01/1979. i _.._.._ CENTER OTR POINT OF BEGINNING j CORNER SECTION 21 U919 L20 T7N R68W L18 t —C3 r 8 P4 d R iAy£ I LIS `,T �w GEITA HpCNs .HEnPoWG CHCPD tENGiN i CWE TA L113 CI I t 71 ' i UW HEA w L GM a M. GY36 £ S3a. ]. . Lf 1 'W .--CJ C 1 V1 ♦ '4 n 1 t! 1' ♦ 14 fY C♦ 1lww S s * W 14 7' I T u 1' 11 aP 06 ♦ •! I, ll t a' f3gm 21- i0l2lmNMUL w M&M 1. . LS N 1 C7 "em. I 0P 12V Li (a to - am, 'u",_ } 1. u 9tsr U. u7Mww t" ul NI tYw na' 61.516 AF. 1 UT s T t5f6 at. 113 HII♦IT2 ll♦ N 1W ♦. � I•N$ 1. U3 -1) f ! Lv 7 IW4 L,H 4—LH SE CORNER i MaY L9 SECTION 21 un a tit CS 0 200 40D 77N R68W uG l21 N -_�C9 110 dSTEN "1tl•♦u. Na4cr we. ".fr'°�1Y Yvwix WLCN6 AREPRESENTATIONOF�WBITA 181700038 +Z5'-",b-� iLCdhs.CO.fiO3Zi-Zd113 Www w w TN:19701<@39l2 W.Yx elOri ec�.wm muo-mwc i91T000388H zoo4 1 EXHIBIT D TEMPORARY CONSTRUCTION EASEMENT COLORADO DEPARTMENT OF TRANSPORTATION DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE GRANTED TO THE COLORADO DEPARTMENT OF TRANSPORTATION A Temporary Construction Easement located in northeast quarter of Section 21, Township North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, being more particularly described as follows; Considering the north line of the said northeast quarter of Section 21 as bearing South 88 degrees 21 minutes 25 seconds East between a LS 14823 Aluminum Cap monument at the north quarter corner and a LS 14823 Aluminum Cap monument at the northeast corner of Section 21, based upon G.P.S. observation and with all bearing contained herein relative thereto; Commencing at the north quarter corner of the said 'Section 21; THENCE along the :Said north line of the said northeast quarter.; South 88 degrees 21 minutes 25 seconds East for a distance of 709.35 feet to the northerly extension of the west line of that certain tract of land as described in'a Special Warranty Deed recorded May''1 1997at Reception No. -.97026804 records of. the Clerk and Recorder of the said Larimer County; THENCE along the said extension and along the said west line, South 00 degrees 15 minutes 50 seconds West for a distance of 528.77 feet to the south line of the said tract described at Reception No. 97026804; THENCE along the said south line, North 88 degrees 25 minutes 55 seconds East for a distance of 75.44 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing. along the said south: line, North-88. degrees 25 minutes 55 seconds East for a' distance of 28.17 feet to the west line of Parcel No. 2 of the 'Colorado Department of Transportation Project No. MC C 060-0311 dated April 2, 2004; THENCE along the said west line, South00 degrees28 minutes42 seconds West for a distance of 43.01 feet (previously recorded as 42.29 feet) ; THENCE continuing along ,the said west line, South 48 degrees 02 Minutes 57 seconds West for 'adistance of798.84 . feet; THENCE leaving the said west line, North 41 degrees 57 minutes 03 seconds West for ardistance of 50.00 feet;- THENCE North 48 degrees 02 minutes =57 seconds East for a distance of 806.40 feet to the point of beginning. containing 40737 square feet 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 -iE true and correct to the best of my professional knowledge, belief and opinion. This description is based upon previously compiled descriptions and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497. P.O. BOX 580 FORT COLLINS, CO 80522 s $S � f. t. la PON I mil'- •�JQ � l 6 � o °«, . �j " O ' 16>& ` by E �r H� � f Cc> 14 �g . W ti q w.. �d 13141 falls 1 EXHIBIT E PERMANENT ACCESS EASEMENT NEW REST AREA CITY OF FORT COLLINS I R "r f u A EXHIBIT F PERMANENT ACCESS EASEMENT OLD REST AREA CITY OF FORT COLLINS ysi�911'�' } v. iyn t, t I. t 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. G Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of July, A. D. 2004. Mayor ATTEST: City Clerk 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. r 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 er , aff- dete 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 U ano P ea Exchange for Approximately 22 Acres of Land and laced ess E e B. First Reading of Ordinan 09 4, orizin 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 ea Centsoothera actioYnessary 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 y,a Pd Went c s e rough the new CDOT Rest Area for maintenance ac s to the unni r atura rea; � • 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 m men this site which will become a part of Arapahoe Bend Natural Area; • Amendment to Mini and e m n Bement 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.