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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/06/2007 - FIRST READING OF ORDINANCE NO. 028, 2007, AUTHORIZ ITEM NUMBER: 30 AGENDA ITEM SUMMARY DATE: February6, 2007 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz Mark Sears SUBJECT First Reading of Ordinance No. 028,2007,Authorizing the Dedication by the City of Right-of-Way Required for the New Alignment of County Road 32C in Bobcat Ridge Natural Area in Exchange for Vacation of the Right-of-Way for the Former Alignment. RECOMMENDATION The Land Conservation and Stewardship Board and staff recommend adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Larimer County, as part of its development review process for improvements to the City's Bobcat Ridge Natural Area, required the City of Fort Collins to improve County Road 32C for the access to the Natural Area. In connection with that process, it was determined that the Road historically has not been located fully within the existing right-of-way for County Road 32C. In order to correct this discrepancy,the County has requested that the City dedicate right-of-way needed for the correct alignment. The City has requested that the County vacate the existing right-of-way in exchange for the proposed new right-of-way dedication. BACKGROUND Larimer County, as part of its development review process,required the City to obtain approval for the development of the trail head parking lot at Bobcat Ridge Natural Area. In order to meet a condition of the development approval, the City of Fort Collins has constructed road and drainage improvements on County Road 32C, which is used as access to the Natural Area. The road and drainage improvements included installation of culverts, a conveyance channel and an irrigation ditch siphon, road re-grading and widening; and the re-alignment of portions of the road. The improved road has a slightly different alignment, and many portions of the road prior to improvement have a dramatically different alignment than the right-of-way alignment that was dedicated to the County for the road and recorded in Book R Pages 182 to 183 in the records of the Larimer County Clerk and Recorder. The City of Fort Collins is in the process of obtaining the approval of Larimer County to vacate the former road alignment and this Ordinance will authorize the Mayor to execute a deed of dedication to dedicate the new alignment containing 1.42 acres as County Road 32C, in connection with that vacation. County Road 32C Alignment in Bobcat Ridge Natural Area Location Map Go��ty Pd 38 P 0 9 w m o RgTS � O o ' �7itt ya S I y 1tj S SDI ��mn t se ,tdkN4T LAREA J kk d�I9 I � mkff i;a t t� t E tstyai e• '�; r t t � New County Road 32C Alignment Location N A ORDINANCE NO. 028, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DEDICATION BY THE CITY OF RIGHT-OF-WAY REQUIRED FOR THE NEW ALIGNMENT OF COUNTY ROAD 32C IN BOBCAT RIDGE NATURAL AREA IN EXCHANGE FOR VACATION OF THE RIGHT-OF-WAY FOR THE FORMER ALIGNMENT WHEREAS, the City of Fort Collins is the owner of certain real property located in Section 15, Township 6 North, Range 70 West known as Bobcat Ridge Natural Area (the "Natural Area'); and WHEREAS, Larimer County, as part of development review process for City improvements to the Natural Area, required the City of Fort Collins to construct road and drainage improvements on County Road 32C to improve the safety of the access to the Natural Area; and WHEREAS, in both the prior condition and in the improved condition, County Road 32C is, and will be, located in a different alignment than the location shown in Book R Pages 182 to 183 in the records of the Larimer County Clerk and Recorder; and WHEREAS, the City is in the process of working with County staff and other affected property owners to arrange for the vacation by Larimer County of the existing right-of-way; and WHEREAS, in order to provide for the right-of-way needed for improved County Road 32C as it crosses the Natural Area, the City must dedicate to the County as right-of-way that certain 1.42-acre area in the Natural Area more particularly described on Exhibit "A", attached hereto (the"Right-of-Way"); and WHEREAS, the Land Conservation and Stewardship Board considered the proposed dedication of the Right-of-Way on January 10, 2007, and voted to recommend that the Council approve said dedication; 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 will be for the benefit of the City's citizens and 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 1. That the dedication of the Right-of-Way, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute a deed of dedication, or such other documents of conveyance as may be necessary to convey the Right-of-Way as described herein upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary to protect and advance the interests of the City, together with any necessary corrections or adjustments to the legal description of the Right-of-Way that do not result in a material increase or change in character of the property dedicated as right-of-way. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2007, and to be presented for final passage on the 20th day of February, A.D. 2007. ATTEST: Mayor City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk PROPERTY DESCRIPTION Exhibit-A (1 of 3) A parcel of land being part of a parcel of land described in the Land Survey Plat(LSP) recorded November 22,2004 at reception number 20040111736 and being part of the Southeast Quarter of the Southwest Quarter(SE1/4SW1/4) and the Southwest Quarter of the Southeast Quarter(SW I/4SE1/4) of Section Fifteen (15),Township Six North (T.6N.),Range Seventy West (R.70W.)of the Sixth Principal Meridian (6ih P.M.), County of Larimer,State of Colorado,being more particularly described as follows: COMMENCING at the West Sixteenth Corner of said Sections 15 and Section Twenty- two(22) and assuming the West line of the SEl/4SW1/4 as bearing North 01017'20" East,being a grid bearing of the Colorado State Plane Coordinate System,North Zone, North American Datum 1983/92,with all other bearings contained herein being relative thereto; THENCE North 01017'20"East along said West line a distance of 567.33 feet to the POINT OF BEGINNING; THENCE continuing North 01'17'20" East a distance of 48.40 feet; THENCE South 54008'55"East a distance of 12.49 feet to a Point of Curvature (PC); THENCE along the are of a curve concave to the North a distance of 268.78 feet,whose Radius is 760.00 feet,whose Delta is 20015'47" and whose Long Chord bears South 64°16'49"East a distance of 267.38 feet to a Point of Tangency(PT); THENCE South 74°24'42 East a distance of 67.31 feet to a PC; THENCE along the arc of a curve concave to the South a distance of 148.51 feet, whose Radius is 440.00 feet,whose Delta is 19*20'17" and whose Long Chord bears South 64044'34" East a distance of 147.80 feet to a PT; THENCE South 5500425 East a distance of 119.65 feet to a PC; THENCE along the arc of a curve concave to the North a distance of 85.27 feet,whose Radius is 160.00 feet, whose Delta is 30032'02"and whose Long Chord bears South 70020'26" East a distance of 84.26 feet to the West line of a parcel described in Book 881 Page 286(B881P286),said line being non-tangent to the aforesaid curve; Thence along the West, South,and Easterly lines of said B88IP286 the following Four (4)courses and distances: THENCE South 06033'55"West a distance of 17.58 feet; THENCE North 78°27'55"East a distance of 455.70 feet; THENCE South 83°06'05"East a distance of 177.00 feet; THENCE North 60026'05" West a distance of 1.82 feet; THENCE South 77000'43"East a distance of 0.46 feet to a PC; THENCE along the arc of a curve concave to the North a distance of 74.80 feet,whose Radius is 425.00 feet,whose Delta is 10°05'01"and whose Long Chord bears South 82003'14" East a distance of 74.70 feet to the East line of the SEl/4SW1/4,said line being non-tangent to the aforesaid curve; THENCE South 01014'16" West along said East line a distance of 17.79 feet to the North Line of said parcel described in said LSP; Thence along the North and Easterly lines of said parcel the following Three (3) courses and distances: THENCE South 87°06'05" East a distance of 150.06 feet,to a point on a curve being non-tangent to the aforesaid line; THENCE along the arc of a curve concave to the Southwest a distance of 181.34 feet, whose Radius is 172.99 feet,whose Delta is 60°03'40"and whose Long Chord bears South 43°10'23"East a distance of 173.15 feet to a PT; THENCE South 13008'33"East a distance of 193.91 feet to the South line of said S W 1/4SE1/4; THENCE South 89022'33"West along said South line a distance of 23.85 feet; THENCE North 13059'56"West a distance of 40.27 feet; THENCE North 11034'21"West a distance of 130.07 feet to a PC; THENCE along the arc of a curve concave to the West a distance of 13.35 feet,whose Radius is 110.00 feet,whose Delta is 605708" and whose Long Chord bears North 15°02'55"West a distance of 13.34 feet to a PT; N:\2005061-ASB\Desc-Closure\RO W-Desc-Pu I I i um.doc (2 of 3) THENCE North 18031'29" West a distance of 36.68 feet to a PC; THENCE along the arc of a curve concave to the Southwest a distance of 107.37 feet, whose Radius is 110.00 feet,whose Delta is 55°55'42"and whose Long Chord bears North 46029'20"West a distance of 103.16 feet to a PT; THENCE North 74027'l 1"West a distance of 33.65 feet to a PC; THENCE along the arc of a curve concave to the South a distance of 27.32 feet,whose Radius is 110.00 feet,whose Delta is 14°13'49"and whose Long Chord bears North 81°34'05" West a distance of 27.25 feet to a PT; THENCE North 88041'00 West a distance of 92.22 feet to a PC; THENCE along the arc of a curve concave to the North a distance of 94.72 feet.whose Radius is 465.00 feet;whose Delta is 11-40'16"and whose Long Chord bears North 82°50'51" West a distance of 94.56 feet to a PT; THENCE North 77000'43"West a distance of 61.96 feet to a PC; THENCE along the arc of a curve concave to the South a distance of 167.68 feet,whose Radius is 385.00 feet,whose Delta is 24°57'14"and whose Long Chord bears North 89°29'21" West a distance of 16636 feet to a PT; THENCE South 78002'02"West a distance of 270.04 feet to a PC; THENCE along the are of a curve concave to the North a distance of 38.57 feet,whose Radius is 520.00 feet,whose Delta is 4°14'59"and whose Long Chord bears South 80°09'32" West a distance of 38.56 feet to a PT; THENCE South 82.17,01 West a distance of 42.47 feet to a PC; THENCE along the arc of a curve concave to the North a distance of 148.85 feet,whose Radius is 200.00 feet,whose Delta is 42°38'34"and whose Long Chord bears North 76°23'42"West a distance of 145.44 feet to a PT THENCE North 55004'25 West a distance of 119.65 feet to a PC; THENCE along the arc of a curve concave to the Southwest a distance of 135.01 feet, whose Radius is 400.00 feet,whose Delta is 19*20'17"and whose Long Chord bears North 64°44'34"West a distance of 13437 feet to a PT THENCE North 74024'42 West a distance of 67.31 feet to a PC THENCE along the arc of a curve concave to the North a distance of 267.96 feet,whose Radius is 800.00 feet,whose Delta is 19°11'28"and whose Long Chord bears North 64°48'58" West a distance of 266.71 feet to the POINT OF BEGINNING; Said parcel of land contains 62,056 sq.f4., 1.42 acres more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on said described strip of land. SURVEYORS CERTIFICATE 1.Lawrence S. Pepek,a Colorado R red Professional Land Surveyor do hereby state that this Property Description der my personal supervision and checking, and that it is tru d correct Qis€o , ao owledge and belief. 64 0'4 L ace S.Pepek-on be •King Su1rr[yy .Inc. olorado Registered Professio �oivqLtpc� Land Surveyor #33642 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 N:\2005061-ASB\Dese-Closure\ROW-Desc-Pullium.doe LARIMEOU WAYD 32C RIGHT—OF— EXHIBIT A S.15—T.6N.—R.70W. (3 OF 3) 3 3 0 0 V7480425.00' URVE TABLE p CURVEDIUS DELTA CHORD CH BEARING CS60.00' 2015'47" 267.38' S6416'4 "EC640.0 ' 19' 0'17" 147.80' S64'44'34"EC760.00' 30'3 '0 84.26' S70'20'26'EC825.00' 10'0 ' 1" 74.70' S82'03'14C972.99' 60'03'40" 173.15' S43'10'23"C1010.00' 6'SY08" 13. 4' N15'02'S5"W Ct1 107.3T 110.00'g24 5'42" 10 .16' N46' 9'20"W �.34 C12 27.3 ' 110.00' 3'49" 27.25' N 1' 4'05'W fi J C13 94.7 ' 465.00' 0.6" 94.56' N82'S0' 1"W C14 167.68' 38 .D ' Tt4" 166.36' N89'29'21"W �11 1 \OI r7 C15 38.57'8.85 200.00' 4*38'3414�59- 36..44 80'09'32"W ,(Cu � J C16 148.85' 20 . 0' 42'3B'34" 145.44' N76 3'42"W �J U C17 135.01, 40 00' 19'20'17" 134.37' N64-44'34"W C*11 N n C18 257,96' 800.00' 1911'28" 1 266.71' N64'48'58"W JJ I01J _ _ J N01-14'16E 1310.13' ¢ v — — I� w o REG16 TF �d. zo 0 ai a i ra race S. Pepek — on f of King S4n� Inc. p" orado Registered Profe Land Surveyor #33342 SSrON... ... m ` �cuWi NOTE: This exhibit drawing is not intended to be o monumented land survey. It's sole purpose is as a �c1 graphic representation to aid in the visualization of 3 he written property description which it accompanies. a N �J The written property description supersedes the �n J y exhibit drawing. , - o { U In M n —� n Jp N {hp P h to h J O h in T N d0' M M M T b N Y^ the f F�U � Z m Z O N N i n N N I n VIM N M M i a O t p O 7 N i(] N N mN Q N M N t Op O Y' � O M M to N N < O O N V' CO/ Q O pp „�, hOtap pm NOf'V- h:- ON I�<a G/ r//N� C N O N P r� Zp: W � « u) tamMOr� ' hpQ 'MN) M 'MN � O � � N hd' /� .MCy W�i Zm Z N UI N N Z f/1 Z VI y y N N Z Z 2 Z 0 Z 2 N VI 2 z04 J d' N ry RCN MZ W M < M to h W a1 O N M Y N t0 h O at O N M Y to O W U Z NNNNN NNMIMMM jMMMMM a + a < YY ' / O�c�. J J J J J J J J J J J J J J J J J J J J J J J '00 ?wd I J DETAIL A — — — / / — _ 567.33'N.T.S. NOt'17'20"E 1330.21_ f7 BASIS OF BEARINGS 4 cV 9 �z 0 0 BOOK 881 L31 J ZZce PAGE 286 C8 a.m z I z L29 200 100 0 200 Ia�N "- N U U 1'= 200 y y KING SURVEYORS, INC. PROJECT NO:2005061 650 Garden Drive I Windsor,Colorado 80550 DATE: 1 1/29/2006 phony.(970) 11 Ear: onn CLIENT:NORTHSTAR DWG:2005061 EXH(11-06) wwnv.kin.kin 66G-5821 ysurveyors.com DRAWN:KER CHECKED:LSP