HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/01/2005 - SECOND READING OF ORDINANCE NO. 007, 2005, AUTHORI ITEM NUMBER: 9
AGENDA ITEM SUMMARY DATE: February 1, 2005
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
Kathy Valdez
SUBJECT
Second 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 Second Reading.
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.Ordinance No.007,2005,was
unanimously adopted on First Reading on January 18, 2005.
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.
ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: January 18, 2005
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
Kathy Valdez
n „
SUBJECT
M.V
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 Cit} &Fort olliri fo he 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 sign-Aland a,left furtt e aVas' Prospect onto the frontage road
that provides access to the resk area. y OT a1,5o toll gas, water and sewer service
lines into the rest area. These items r�1 e toeP�evious ouncil approval of a voluntary
exchange of parcels to allow the'CdTora eparttil'ent 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 followin tional easements an ddt i nal right-of-way ("ROW"):
y w
(1) Approximately 20' wi ( 0 „*t1C)'' 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„_lan fro ast,Prospect Roa¢ onto the access road to
the new rest area✓prope an wi caµs&4.minmmal damage, requiring
restoration of vegetation ithm th OW. Boxelder Creek will not be
impacted by the road widening at.thi ,ime, howei.er when Prospect Road is
.w=..
widened in the future, the existing bridge will be reconstructed and
Boxelder Creek will be impacted at that time.
Ys .
>w
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.
'54-ayor
ATTEST:
City Clerk
Passed and adopted on final reading this lst day of February, A.D. 2005.
Mayor
ATTEST:
City Clerk