HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2009 - SECOND READING OF ORDINANCE NO. 040, 2009, DECLARI ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: May 5, Zoos
FORT COLLINS CITY COUNCIL STAFF: Brian Pederson
SUBJECT
Second Reading of Ordinance No. 040,2009,Declaring Certain City-Acquired Property as Hickory
Street Right-of-Way.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
The City acquired a 7,673 square foot parcel of real property in 1994 for the purpose of constructing
public road and sidewalk improvements on Hickory Street. Although it was never dedicated as
public right-of-way,it has been used as such since that time. This Ordinance,unanimously adopted
on First Reading on April 21, 2009, dedicates the public right-of-way in order to clearly delineate
the boundaries of the public right-of-way for Hickory Street.
ATTACHMENTS
I. Copy of First Reading Agenda Item Summary - April 21, 2009.
(w/o original attachments)
ATTACHMENT 1
ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: April 21, 2009
FORT COLLINS CITY COUNCIL STAFF: Brian Pederson
`er� T.17)77
SUBJECT
First Reading of Ordinance No. 040, 2009, Declaring Certain City-Acquired Property as Hickory
Street Right-of-Way.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The City acquired a 7,673 square foot parcel of real property in\1994 for the purpose of constructing
public road and sidewalk improvements on Hickory Street. \Although it was never dedicated as
public right-of--way, it has been used as�such sineleIthat time-LIn order to clearly delineate the
boundaries of the public right-of-way for Hickory Street, staff is recommending that the property
be dedicated as public right-of-way.
BACKGROUND
The City acquired a 7,673 square foot parcel of real property in 1994 from L & W Supply
Corporation for the purpose of constructing public road and sidewalk improvements on Hickory
Street. Since the property was purchased in fee simple title,public records do not expressly indicate
the property is intended to be public right-of-way. The lack of such designation of the property as
public right-of-way could potentially raise issues about the proper procedures for granting utility
easements and other uses on the property in the future.
In order to establish a public record the perty�ntended f5r use by the City as right-of-way
and related improvements, including without.fhmitation, vehicular transport, bicycle access,
chhe landscaping, utilities, and sur/purposes-which may riow or in the future be determined
appropriate in City right-of-way,staff recommends Council formally dedicate the property as public
right-of-way.
ATTACHMENTS
1. Location Map.
ORDINANCE NO. 040, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS
HICKORY STREET RIGHT-OF-WAY
WHEREAS, the City owns that certain real property described in Exhibit "A", attached
and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property has been used as public right-of-way for Hickory Street and
related improvements since the City acquired it in 1994; and
WHEREAS, the public records do not indicate that the Property was formally dedicated
as right-of-way after the City acquired it; and
WHEREAS, the lack of right-of-way designation for the Property could potentially raise
issues about proper procedures for granting access for utilities and other additional uses on the
Property in the future; and
WHEREAS, it would benefit the residents of the City to clearly delineate the boundaries
of the right-of-way for Hickory Street; and
WHEREAS, in order to establish a public record that the City intends to use the Property
for right-of-way and related improvements, staff recommends that Council declare the Property
to be right-of-way; and
WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized
to sell, convey or otherwise dispose of any and all interests in real property owned in the name of
the City, provided the City Council first finds, by ordinance, that such sale or other disposition is
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 declares that the real property described in
Exhibit "A" shall constitute right-of-way for Hickory Street and related improvements,
including, without limitation, public utilities, vehicular, pedestrian, transit and bicycle access and
improvements, landscaping, and such related purposes as may now or in the future be
determined appropriate, and hereby finds that such declaration is in the best interests of the City.
Section 2. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder's Office upon final adoption.
Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2009, and to be presented for final passage on the 5 a of May, A.D. 2009.
ayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2009.
Mayor
ATTEST:
City Clerk