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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/18/2005 - FIRST READING OF ORDINANCE NO. 008, 2005, AUTHORIZ ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: January 18, 2005 FORT COLLINS CITY COUNCIL STAFF: Steve Comstock Helen Matson SUBJECT First Reading of Ordinance No. 008, 2005, Authorizing the Conveyance of Certain Real Property and Authorizing the Grant of a Temporary Construction Easement at Meadow Springs Ranch to Weld County. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Conveying this tract of land and granting a temporary construction easement to Weld County will generate revenue in the amount of$2,879 for the Utilities Fund. EXECUTIVE SUMMARY In 1999, the Weld County Public Works Department identified a need to improve connectivity between US 85 and I-25 in northern Weld County to serve regional transportation needs as well as local farmers and ranchers. Weld County Road ("WCR") 126 was chosen as the route that would connect these principal state highways in an east-west fashion. This route provided the only connection in a 20-mile segment from WCR 100 north to the Colorado/Wyoming border. BACKGROUND The existing WCR 126 alignment was generally identified as the appropriate corridor to be utilized in making the regional connection. The existing alignment was paved from US 85 to a point approximately one mile cast of Carr. At the time, it was noted that the unpaved portions of the corridor would require adjustments in alignment to eliminate 90 degree curves and facilitate a roadway which would be safe for users traveling at routine highway speeds. The project improvements were planned to take place in three phases. In 2000 and 2001, Phases I and R were completed and included paving and making geometric improvements to WCR 126 approximately one mile east of Carr to WCR 17. The remaining segment of roadway from WCR 17 to I-25 is currently being designed to complete the final phase of the planned improvements. This segment requires that two 90 January 4, 2005 -2- Item No. 14 degree curves be corrected to meet the appropriate road design criteria thereby providing a safe roadway. It will include paving and geometric improvements that establish the desired connectivity between the two principal state highways. Weld County will also be constructing an access road from the old WCR 126 to the new WCR 126. This proposed realignment crosses the Meadow Springs Ranch, which is owned by the City of Fort Collins and is operated by the City Utilities Department. There are three areas along the realigned WCR 126 to be transferred to Weld County. To eliminate one 90 degree turn, the road will run through a comer of Meadow Springs Ranch. Through this corner, Weld County proposes to construct a new access road to serve the parcels to the northwest. Only the land needed for the realignment of WCR 126 and the new access point for the old WCR 126 will be conveyed to Weld County. The total acreage for this section is 3.478 acres. The remainder parcels on either side of the access road will remain under City ownership. Also further east on WCR 126, Weld County is requesting to purchase an additional 10 foot section south of the existing road right of way for road widening. This tract contains .702 acres. Weld County has also requested a Temporary Construction Easement for a staging area. This requested easement is an area of 1.237 acres in size south of the proposed 10 foot acquisition area. Weld County will be revegetating the area of the temporary construction easement as per the City's specifications. The City will be granting this Temporary Construction Easement for a period of 5 years. This time period is necessary for Weld County to carry out a maintenance plan for all disturbed and revegetated areas. Also, as part of the negotiations, Weld County has agreed to provide temporary fencing during construction in coordination with the Utilities Department and the ranch manager. Weld County's total request from the City is to purchase 4.18 acres and to obtain a construction easement of 1.237 acres. In order to calculate the purchase price, Weld County obtained an appraisal for the interests to be acquired. This appraisal states a fair market value for the interests to be acquired at $2,879, and City staff has no objection to the analysis used in this appraisal. City staff, including a representative of Natural Resources, has reviewed an Environmental Audit prepared for Weld County. Natural Resources staff concurs with this audit that this project does not appear to present any biological issues of concern and will not have an adverse effect on Meadow Springs Ranch. Staff informed the Natural Resources Advisory Board of this plan at its December meeting. Weld County will, in addition to paying the above-referenced compensation, vacate and convey to the City a 3.5104 acre portion of the existing right-of-way described under Reception No. 747542 in the real property records of the Clerk and Recorder of Weld County, Colorado. Weld County has further agreed to convey to the City a parcel of property 2.8207 acres in size, which Weld County is acquiring from an abutting property owner, and which property abuts and will become a part of Meadow Springs Ranch. The proposed sale was presented to the Water Board on December 2, 2004. At that time, Weld County was proposing to obtain a total of 9.171 acres, which included a triangular remainder parcel containing 8.469 acres. While the Water Board approved the conveyance of the property to Weld County, there was a concern that Weld County could sell the remainder parcel for a profit. A copy of the minutes from the Water Board meeting pertaining to this transaction is attached. After this meeting, staff renegotiated with Weld County. The proposed land sale will January 4, 2005 -3- Item No. 14 now only be for what is needed for Weld County Road 126 and access to the old Weld County Road 126. ATTACHMENTS 1. Excerpt from December 2, 2004 Water Board meeting minutes 2. Meadow Springs Ranch Vicinity Map ATTACHMENT Water Board Excerpt December 2, 2004 Meadow Springs Ranch Easement—Steve Comstock Steve Comstock, Water Reclamation &Biosolids Division Manager, stated that the Weld County Public Works Department has requested an easement at the Meadow Springs Ranch for a roadway in order to eliminate two 90 degree curves on Weld County Road 126 and to improve the road connection between I-25 and US 85. The proposed route provides the only access to US 85 in a 20 mile stretch from WCR 100 north to the Colorado/Wyoming border. Weld County is proposing to buy 9.171 acres and obtain a construction easement of 1.237 acres. The Board asked if there was any possibility that if Weld County buys the land, could it be used for future development. Steve replied that it could and that the City would prefer a conservation easement, however, Weld County has indicated that the funding would restrict the use to road improvements. The appraisal determined the fair market value to be $5,874.00 including the temporary easement. Board member Jim Finley made a motion to accept the recommendation of staff to adopt the ordinance with the contingency that staff attempt to obtain a conservation easement. Board member Bill Fischer seconded the motion. Yeas: 7; Nays: 4. The motion passed. i LOCATION MAP, , ATTACHMENT v Meadow " Springs Randh Carr Exit Weld County Rd 126, �+ a < . g. -.. F. F ` Fort Gollins +, ORDINANCE NO. 008, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY AND AUTHORIZING THE GRANT OF A TEMPORARY CONSTRUCTION EASEMENT AT MEADOW SPRINGS RANCH TO WELD COUNTY WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of property known as Meadow Springs Ranch in Latimer County and Weld County, Colorado (the "Ranch"); and WHEREAS, the Ranch was acquired by the City to be used by the City's Wastewater Utility for its sludge disposal; and WHEREAS, Weld County is realigning Weld County Road 126 to improve connectivity between US Highway 85 and Interstate 25; and WHEREAS, Weld County wishes to acquire 4.18 acres of land for the realignment of Weld County Road 126, more particularly described on Exhibits "A" and `B", attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Weld County wishes to acquire a temporary construction easement on and across the Ranch, more particularly described on Exhibit "C", attached hereto and incorporated herein by this reference (the "Easement"); and WHEREAS, the estimated fair market value of the Acquisition and the Temporary Construction Easement is $2,879.00, based on an appraisal acquired by Weld County; and WHEREAS, based on staff's review, it has been determined that the conveyance of the Property will not have any adverse affects to the Ranch; and WHEREAS, Weld County will, in addition to paying the above-referenced compensation, vacate and convey to the City a 3.5104 acre portion of the existing right-of-way described under Reception No. 747542 in the real property records of the Clerk and Recorder of Weld County, Colorado, and is shown and described on Exhibit "D", attached hereto and incorporated herein by this reference; and WHEREAS, Weld County has further agreed to convey to the City a parcel of property 2.8207 acres in size, which Weld County is acquiring from an abutting property owner, and which property abuts and will become a part of Meadow Springs Ranch and is shown and described on Exhibit "E", attached hereto and incorporated herein by this reference; and WHEREAS, the Water Board reviewed the proposed conveyance and recommended that the Council approve the sale at its January 18, 2005 meeting; 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 owned by the will not materially impair the viability of any City utility system as a whole of which the property is a part, 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 Council hereby finds that the conveyance of the Property and the Easement to Weld County, consistent with the terms of this Ordinance, will not materially impair the viability of the City's utility as a whole, will be for the benefit of the City's citizens, and further finds that it will be in the best interests of the City of Fort Collins. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary for the City to convey the Property and the Easement to Weld County, and to accept the conveyances from Weld County herein described, 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 to be presented for final passage on the 1st day of February, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 1st day of February, A.D. 2005. Mayor ATTEST: City Clerk EXHIBIT "A" DEED LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 19, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northeast corner of the Southeast One-Quarter of said Section 19, from whence the Southeast corner of said Section 19 bears S00050'47"E, with all bearings contained herein relative thereto; thence S02°00'31"W a distance of 602.52 feet to a point 30.00 feet west of the East line of the Southeast One-Quarter of said Section 19, said point being on the westerly line of that right-of-way accepted by Resolution dated October 12, 1889 and Recorded in Book 86 at page 273 in the Office of the Clerk and Recorder, Weld County, Colorado, and the POINT OF BEGINNING; thence S00°50'47"E along said westerly right-of-way line a distance of 159.87 feet to a point of non-tangent curve to the left; thence 338.99 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 08°40'15"and whose chord bears N52°29'28"W a distance of 338.67 feet; thence N56°49'26"W a distance of 940.45 feet to the South right- of-way line of Weld County road 126; thence N89°24'17"E along said right-of-way line a distance of 215.87 feet; thence S56°49'26"E a distance of 202.27 feet; thence N33°10'25"E a distance of 135.26 feet to the South right-of-way line of Weld County road 126; thence N89°24'17"E along said right-of-way line a distance of 225.55 feet; thence S74°58'59"W a distance of 146.06 feet; thence S47°56'27"W a distance of 118.20 feet; thence S33°10'25"W a distance of 37.47 feet; thence S56°49'26"E a distance of 498.74 feet to a point of curve to the right; thence 248.72 feet along the arc of said curve, whose radius is 2360.00 feet, central angle is 06°02'18" and whose chord bears S53°48'26"E a distance of 248.60 feet to the POINT OF BEGINNING and containing 3.478 acres, more or less. The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 EXHIBIT "B" DEED LEGAL DESCRIPTION A parcel of land located in the North One-Half of Section 29, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: The South 10.00 feet of the North 40.00 feet of the Northeast One-Quarter of said Section 29 AND The South 10.00 feet of the North 40.00 feet of the East 420.00 feet of the Northwest One-Quarter of said Section 29, containing 0.702 acres, more or less. The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 EXHIBIT "C" EASEMENT LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 29, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: The South 70.00 feet of the North 110.00 feet of the West 770.00 feet of the Northeast One-Quarter of said Section 29 containing 1.237 acres, more or less The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 EXHIBIT "D" DEED DESCRIPTION SHEET 1 OF 2 A PARCEL OF LAND BEING A PORTION THE EXISTING RIGHT-OF-WAY AS DEFINED IN THAT DOCUMENT RECORDED SEPTEMBER 25, 1936 UNDER RECEPTION NO. 747542 IN THE WELD COUNTY RECORDS SAID PARCEL SITUATED IN SECTION 19, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED UPON THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S 00050'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19; THENCE S 89024' 17"W, ALONG THE SOUTH LINE OF SAID NORTH HALF, 1119.78 FEET TO THE POINT OF BEGINNING; THENCE N 59049'26"W, DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY FROM SAID SOUTH LINE, SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF SAID PARCEL DEFINED UNDER RECEPTION NO. 747542; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY BOUNDARY OF SAID PARCEL DEFINED UNDER RECEPTION NO. 747542 THE FOLLOWING TWO (2) COURSES: 1) S 89°24'17"W, 145.67 FEET; 2) N54°50'05"W, 2289.82 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 25 AS DEFINED IN THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1) N85°57'28"W, 100.76 FEET; 2) S 36°25'02"W, 7.92 FEET TO POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE AS DEFINED IN RECEPTION NO. 747542; THENCE S 54050'05"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 2395.61 FEET TO A POINT 30.00 FEET, MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID SOUTH LINE; THENCE N 89°24'17"E, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 254.75 FEET; THENCE N56049'26"W, 53.97 FEET TO THE POINT OF BEGINNING. CONTAINING 152,912 SQUARE FEET OR 3.5104 ACRES MORE OR LESS. I, STEVEN A. DYNES, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A. DYNES, PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 24949, FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 2696 SOUTH COLORADO BOULEVARD SUITE 250 DENVER, COLORADO 80222 303-692-8838 EXHIBIT "E" DEED DESCRIPTION SHEET 1 OF 2 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT SPECIAL WARRANTY DEED RECORDED MAY 18, 1965 UNDER RECEPTION NO. 1463879 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 19, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED UPON THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S 00050'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19, THENCE S 89024'17"W, ALONG THE SOUTH LINE OF SAID NORTH HALF OF SAID SECTION 19, 1119.78 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE SOUTHWESTERLY LINE OF THE PROPOSED NEW RIGHT-OF-WAY PARCEL; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PROPOSED RIGHT-OF- WAY PARCEL THE FOLLOWING FIVE (5) COURSES: 1)N 56049'26"W, DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY FROM SAID SOUTH LINE, SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DEFINED IN THAT DOCUMENT RECORDED SEPTEMBER 25, 1936 UNDER RECEPTION NO. 747542 IN SAID WELD COUNTY RECORDS AND THE POINT OF BEGINNING; 2) CONTINUING N 56°49'26"W, 17.10 FEET; 3) N 51°05'19"W, 99.54 FEET; 4)N 56°49'35"W,2065.63 FEET; 5)N 55'01'30"W, 100.00 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 25 AS DEFINED IN THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1) N 56°14'28"W, 100.00 FEET: 2)N 85°57'28"W, 31.84 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL DEFINED UNDER SAID RECEPTION NO. 747542; THENCE ALONG THE NORTHEASTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL DEFINED UNDER RECEPTION NO. 747542 THE FOLLOWING TWO (2) COURSES: 1) S 54°50'05"E,2289.82 FEET; 2)N 89°24'17"E, 145.67 FEET TO THE POINT OF BEGINNING. CONTAINING 122,870 SQUARE FEET OR 2.8207 ACRES MORE OR LESS. I, STEVEN A. DYNES, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A. DYNES, PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 24949, FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 2696 SOUTH COLORADO BOULEVARD SUITE 250 DENVER, COLORADO 80222 303-692-8838