HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2005 - FIRST READING OF ORDINANCE NO. 007, 2005, AUTHORIZ ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: January 18, 2005
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
Kathy Valdez
SUBJECT
First Reading of Ordinance No. 007, 2005, Authorizing the Conveyance of Right-of-Way and
Non-Exclusive Utility Easements to the Colorado Department of Transportation for Use for a
New Public Rest Area.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. The Natural Resources Advisory
Board reviewed CDOT's request at its January 5, 2005 meeting and unanimously recommended
that Council adopt the Ordinance.
FINANCIAL IMPACT
CDOT will compensate the City of Fort Collins for the easements and right-of-way ("ROW") for
the consideration in the sum of One Thousand Eight Hundred Forty-Eight and 75/100 Dollars,
($1848.75), described as follows:
Perm. Sanitary Sewer Easement: .054 AC x $2,500/AC x 50% =$ 67.50
Perm. Domestic Water&Gas Easement: .093 AC x $2,500/AC x 50% =$ 116.25
Right-of-Way, two tracts totaling approx.: .266 AC x $2,500/AC x 100% =$ 665.00
Administrative Fees: =$ 1,000.00
Total $ 1,848.75
EXECUTIVE SUMMARY
This is a new request from the Colorado Department of Transportation (CDOT) with regard to
the already approved rest area facility and associated access. To meet traffic requirements,
CDOT will need to install a signal and a left turn lane off of East Prospect onto the frontage road
that provides access to the rest area. CDOT also needs to install gas, water and sewer service
lines into the rest area. These items relate to the previous City Council approval of a voluntary
exchange of parcels to allow the Colorado Department of Transportation to develop a new rest
area immediately south of the current Welcome Center on East Prospect Road near Interstate 25.
At the time the exchange was approved, Council also approved related temporary and permanent
easements. The requested conveyances in this item are in addition to those previously approved.
January 18, 2005 -2- Item No. 13
BACKGROUND
CDOT is requesting the following additional easements and additional right-of-way ("ROW"):
(1) Approximately 20' wide (.054 AC) Permanent Sanitary Sewer
Easement
The sewer line construction will cause minimal impact, requiring only the
reconstruction of a concrete lined irrigation ditch, a gravel trail, and
restoration of the vegetation adjacent to the trail.
(2) Approximately 30' wide (.093 AC SF) Permanent Domestic Water and
Gas Easement
The water and gas line construction will cause minimal impact, requiring
only the reconstruction of a concrete lined irrigation ditch, a gravel trail, and
restoration of the vegetation adjacent to the trail.
(3) Two (2) tracts of land approximately 35' wide (totaling .266 AC) of
additional Right-of-Way on East Prospect
The road widening within the requested additional ROW will be for the
installation of a turn lane from East Prospect Road onto the access road to
the new rest area property and will cause minimal damage, requiring
restoration of vegetation within the ROW. Boxelder Creek will not be
impacted by the road widening at this time, however when Prospect Road is
widened in the future, the existing bridge will be reconstructed and
Boxelder Creek will be impacted at that time.
ORDINANCE NO. 007, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
RIGHT-OF-WAY AND NON-EXCLUSIVE UTILITY EASEMENTS TO
THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR USE FOR A NEW PUBLIC REST AREA
WHEREAS, the City of Fort Collins is the owner of the natural area known at the Running
Deer Natural Area located near East Prospect Road and I-25, (the "Property"); and
WHEREAS, Colorado Department of Transportation, ("CDOT") is proposing to construct
a new rest area south of Colorado Welcome Center; and
WHEREAS,City Council approved Ordinance No.097,2004,which authorized the required
land exchange for this rest area, along with related temporary and permanent easements; and
WHEREAS, in order for the development of the new public rest area to proceed, CDOT
wishes to obtain the following additional rights:
1. A non-exclusive permanent sewer easement on,over and under an area.054 acres
in size,and described on Exhibit"A",attached hereto and incorporated herein by
this reference;
2. A non-exclusive permanent domestic water and gas easement on,over and under
an area .093 acres in size, and described on Exhibit `B", attached hereto and
incorporated herein by this reference; and
3. Road right-of-way to accommodate the installation of a turn lane from East
Prospect Road onto the access road to the new rest area property on, over and
under an area .266 acres in size, and described on Exhibit "C", attached hereto
and incorporated herein by this reference; and
WHEREAS, the estimated fair market value of the easements and right-of-way described
above is a total of$848.75, and is based on the appraisal acquired by CDOT and approved by the
City; and
WHEREAS, CDOT has also agreed to pay to the City an administration fee in the amount
of$1,000.00 for the costs associated with the processing of the easement request; 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.
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
right-of-way,non-exclusive sewer line easement and the non-exclusive domestic water and gas line
easements to CDOT,consistent with the terms of this Ordinance,will be for the benefit of the City's
citizens, and further finds that they will be in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of conveyance
as are necessary to convey the right-of-way and the easements to CDOT,consistent with the terms
of this Ordinance, together with such additional terms and conditions as the Mayor,in consultation
with the City Attorney,determines to be necessary and appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 18th day of
January, A.D. 2005, and presented for final passage on the 1st day of February, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 1st day of February, A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
209 saute M"M SUM
Fort GAM tb 90521-2603
Td"4s2-sinf={sm)482-639
stndw.00m
EXMrr A
DESCRIPTION:
A tract of land situated in the Northeast Quarter of Section 21,Township 7 North,Range
68 West of the 6s'Principal Meridian,City of Fort Collins, County of Larimer, State of
Colorado,more particularly described as follows:
Considering the north line of the Northeast Quarter of Section 21 as bearing South
88°38'37"East,and with all bearings herein relative thereto.
Commencing at the North Quarter Corner of said Section 21 from a found#6 rebar with
no cap,thence along the north line of the Northeast Quarter of said Section 21,South
88038'37"East 709.35 feet,thence departing said north line South 00-01'20"East 30.01
feet to the to the northwest comer of that parcel described at Reception Numbers
97026804&96022167,Clerk and Recorders Office of Larimer County,Colorado,said
point also being on the South Right of Way line for East Prospect Road,thence along the
east line of said parcel South 00001'21"East 498.76 feet,to the southwest comer of said
parcel, said point also being the southeast comer of that parcel described at Book 1448
Page 0669,Clerk and Recorders Office of Larimer County,Colorado,thence along the
south line of said parcel South 88°08'44"West 2.26 feet,thence continuing along said
south line,South 47046'29"West 292.93 feet,to the POINT OF BEGINNING thence
South 74°03'54"East 117.71 feet,thence South 47°4629"West 23.54 feet,thence North
74003'54"West 117.71 feet to the aforementioned south line,thence along said south
line North 47046'29"East 23.54 feet to the POINT OF BEGINNING.
The above described tract contains 2,354 square feet,more or less, and is subject to all
easements and rights of way of record or existing.
Michael David Lang
Colorado Professional Land Surveyor Registration Number 37053
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209 SOIA maw sue«
Fort GO m CO$0521.2603
Tel.(970)482-SM Fex:(970)482-M
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EXffiBTT A
DESCRIPTION:
A tract of land situated in the Northeast Quarter of Section 21,Township 7 North,Range
68 West of the 6'Principal Meridian, City of Fort Collins, County of Larimer,State of
Colorado,more particularly described as follows:
Considering the north line of the Northeast Quarter of Section 21 as bearing South
88°38'37"East,and with all bearings herein relative thereto.
Commencing at the North Quarter Comer of said Section 21 from a found#6 rebar with
no cap,thence along the north line of the Northeast Quarter of said Section 21,South
88038'37"East 709.35 feet,thence departing said north line South 00001120"East 30.01
feet to the to the northwest corner of that parcel described at Reception Numbers
97026804&96022167, Clerk and Recorders Office of Larimer County, Colorado,said
point also being on the South Right of Way line for East Prospect Road,thence along the
east line of said parcel South 00001'20"East 498.76 feet,to the southwest corner of said
parcel, said point also being the southeast corner of that parcel described at Book 1448
Page 0669, Clerk and Recorders Office of Larimer County,Colorado,and the POINT OF
BEGINNING thence along the south line of said parcel South 88008'44"West 2.26 feet,
thence continuing along said south line South 47046'29"West 37.42 feet,thence South
00°01'50"East 134.97 feet,thence North 47°46'29"East 40.49 feet,thence North
00001'50"West 132.98 feet to POINT OF BEGINNING.
The above described tract contains 4,047 square feet,more or less, and is subject to all
easements and rightsof wayof record or existing.
Michael David Lang .17
Colorado Professional Land Surveyor Registration Number 37053
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DESCRIMON:
Two tracts of land situated in the Northeast Quarter of Section 21, Township 7 North,
Range 68 West of the 6m Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado,more particularly described as follows:
Considering the north line of the Northeast Quarter of Section 21 as bearing South
88°38'37"East,and with all bearings herein relative thereto.
Commencing at the North Quarter Comer of said Section 21 from a found#6 rebar with
no cap,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 that CDOT easement parcel
described at Reception Number 88026808,Clerk and Recorders Office of Latimer
County,Colorado,thence following the west line of said easement South 01-21'23"West
30.00 feet to the POINT OF BEGINNING.thence continuing along said west line South
45°28'39"East 40.20 feet,thence along a line lying 57.50 feet south of and parallel with
said north line of the Northeast Quarter of said Section 21,North 88°38'37"West 125.32
feet to the east boundary line of that parcel described at Reception Number 2001012592,
Clerk and Recorders Office of Larimer County,Co.,said point also being the south right
of way for East Prospect Road,thence along the east line of said parcel North 32035'15"
West 33.15 feet,thence along a line lying 30 feet south of and parallel with said north
line of the Northeast Quarter of said Section 21,South 88°38'37"East 114.51 feet to the
POINT OF BEGINNING.
AND
Commencing at the North Quarter Comer of said Section 21 from a found#6 rebar with
no cap,thence along the north line of the Northeast Quarter of said Section 21, South
88038'37"East 1400.30 feet,to the northeast corner of that CDOT easement parcel
Page 1 of 2
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described at Reception Number 88026808,Clerk and Recorders Office of Larimer
County,Colorado,thence following said east easement line of South 01021'23"we
29.99 feet to the POINT OF BEGINNING thence along a line lying 30 feet south of and
parallel with said north line of the Northeast Quarter of said Section 21,South 88038'37"
East 272.47 feet to a point on the west boundary line of that parcel described at Book
1992 Page 0280,Clerk and Recorders Office of Larimer County,Co., thence along said
west line the following two (2)courses and distances 1)South 01021123"West 6.42 feet,
thence 2)South 61°58'13"Fast 46.96 feet,thence along a line lying 57.50 feet south of
and parallel with said north line of the Northeast Quarter of said Section 21,North
88038'37"West 339.85 feet to a point on the aforementioned the east line of that
easement described at Reception Number 88026808,thence along said east line North
44006'10"East 37.45 feet to the POINT OF BEGINNING.
The combined above tracts contain 0.266 acres,more or less, and are subject to all
easements and rights of way of record or existing.
Michael David Lang
Colorado Professional Land Surveyor Registration Number 37053
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