HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/19/2006 - SECOND READING OF ORDINANCE NO. 136, 2006, DECLARI ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: September 19, 2006
FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz
SUBJECT
Second Reading of Ordinance No. 136, 2006, Declaring Certain City-Acquired Property as
Timberline Road Right-Of-Way.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
The City completed the purchase of land for the Timberline Road Extension Project in 1998.
However, none of the property was designated as right-of-way. This Ordinance, unanimously
adopted on First Reading on September 5, 2006, declares that the real property adjacent to
Timberline Road, north of Highway 14, is right-of-way for Timberline Road and related
improvements, and that this Ordinance be recorded in order to establish a public record of the
existence of such right-of-way.
ITEM NUMBER: 17
AGENDA ITEM SUMMARY DATE: September 5, 2006
FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz
SUBJECT C) P V
First Reading of Ordinance No. 136,2006,Declaring Certain City-Acquired Property as Timberline
Road Right-Of-Way.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The City completed the purchase of land for the Timberline Road Extension Project in 1998.
However, none of the propertyCtZA,d
iaent
t - a previous similar situation on
a separate section of Timberl , p rais itle insurance issues for adjacent
property owners because areash roadway d the property line were not clearly
delineated as part of the right-of-way. On January 18, 2000, the City Council approved Resolution
2000-011, declaring certain city-acquired property as Timberline Road right-of-way. Staff is
recommending that a similar approach be taken for this section of Timberline Road. Approval of
this Ordinance would declare that the areas depicted on Exhibit"A"to the Ordinance are right-of-
way for Timberline road and related improvements, and that this Ordinance be recorded in order to
establish a public record of the existence of such right-of-way.
ORDINANCE NO. 136, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-ACQUIRED PROPERTY AS
TIMBERLINE ROAD RIGHT-OF-WAY
WHEREAS, as part of the process of acquiring land for the Timberline Road Extension
Project north of Highway 14, the City purchased certain properties, took certain properties by
eminent domain, and had certain parcels dedicated for right-of-way in connection with land use
approvals; and
WHEREAS, the public real property records regarding those properties acquired by the
City by direct purchase with funds for the Timberline Road Extension Project do not indicate
that such property is for use by the City as right-of-way and related purposes; and
WHEREAS, the lack of such indication in the public real property records of such
properties could raise title insurance issues for adjacent property owners and utilities seeking to
locate facilities within the right-of-way, because the areas located between the roadway and the
property line are not clearly delineated as part of the right-of-way and related improvements; and
WHEREAS, in order to establish a public record that the real property adjacent to
Timberline Road north of Highway 14 and more specifically described on Exhibit "A", attached
hereto and incorporated herein by this reference (the "Right-of-Way"), is intended for use by the
City as right-of-way and related improvements, including without limitation public utilities,
pedestrian, transit and bicycle access and improvements, landscaping, and such other related
purposes as may now or in the future be determined appropriate, staff has recommended that the
Council so declare by this Ordinance; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of real property owned by the City, provided the
Council first finds by ordinance that any sale or other disposition of real property owned by the
City is in the best interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section I. That the Council hereby declares that the Right-of-Way described on
Exhibit "A" hereto shall constitute right-of-way for Timberline Road and related improvements,
including without limitation public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and such other related purposes as may now or in the future be
determined appropriate, and hereby finds that such declaration is in the best interest of the City
of Fort Collins.
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 regarding the Right-of-Way upon
final adoption.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D.
2006.
Mayor
ATTEST:
City Clerk I U
Passed and adopted on final reading on the 19th day of September, A.D. 2006.
Mayor
ATTEST:
City Clerk