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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2006 - FIRST READING OF ORDINANCE NO. 188, 2006, AUTHORI ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: November 21, 2006 FORT COLLINS CITY COUNCIL STAFF: Helen Matson Lindsay Kuntz Matt Baker SUBJECT First Reading of Ordinance No. 188,2006, Authorizing the Acceptance of a Donation of.901 Acres of Real Property from Calvin C. and Lois Johnson and Appropriating Unanticipated Revenue in the Capital Project Fund—Timberline Road Widening Project 305-23270. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The value of the donated property was determined using an appraisal dated August 10, 2006 by Bonnie D. Roerig, MAI, which was an update of a previous appraisal dated July 22, 2005 that was used during the negotiation process with the Johnsons. The original appraisal and updated appraisal has been reviewed and approved by staff. The value of the donation is $247,284. The Street Oversizing Department will be responsible for maintenance of the donated property until Timberline Road is widened to the ultimate design as per the Building on Basic("BOB") Tax. EXECUTIVE SUMMARY The Timberline Road Widening Project required the fee simple acquisition of.464 acres and various easements on a 1.365 acre property located just south of Spring Creek on the westerly side of Timberline Road, which was owned by Calvin and Lois Johnson. These interests were to be used for the interim construction of the Timberline Road improvements. City staff successfully negotiated and acquired the necessary interests for the project and an integral part of the agreement was that the Johnsons would donate the remainder of their property that will be needed in approximately ten years when the City of Fort Collins constructs the ultimate improvements to Timberline Road. BACKGROUND Ordinance No.090,2005,which created the Timberline and Prospect Special Improvement District No. 94 and provided for the construction of improvements, required the fee simple acquisition of property, as well as various easements from numerous properties located at the intersection of November 21, 2006 -2- Item No. 12 Prospect and Timberline Roads and also on Timberline Road between Prospect Road and Drake Road. The 1.365 acre property located just south of Spring Creek on the westerly side of Timberline Road was owned by Calvin and Lois Johnson. The project required that the City purchase 20,212 square feet in fee simple, as well as a 7,310 square foot drainage easement and a 1,375 square foot slope easement. These interests were to be used for the interim construction of the Timberline Road improvements. An appraiser determined the fair market value of the interests needed for the project. The appraisal indicated the value of the land was estimated to be $6.33 per square foot. Since the City's project would damage the use of the improvements as they related to the owners' business, the appraisal also recommended the owners be compensated for the value of the improvements which included a large silo building,residential house, and small garage. The appraisal concluded that the compensation for the interests to be acquired by the City was $383,425. Staff negotiated with the Johnsons and was able to reach a successful agreement that includes the City's purchase of the interests needed for the current project, at the appraised value, and also includes the donation of the remainder of the Johnson property to the City. In approximately ten years, the City will construct the ultimate improvements to Timberline Road, which will require a total purchase of this property. During negotiations, a major concern to the Johnsons was their use of the remaining property and with the knowledge of the future project,the Johnsons requested that the City accept the donation of the remaining.901 acres at this time. The Johnsons agreed to convey the required property interests to the City at the appraised value. The appraiser that prepared the July 2005 appraisal provided an up-to-date value for the remaining .901 acres to be donated to the City. The updated appraisal, dated August 10, 2006, estimated the market value to be $7.00 per square foot. Using the appraised value of$7.00 per square foot, the value of the remaining property is $247,284. A breakdown follows: 1.365 Acres = 59,459 Square Feet .901 Acres = 39,257 Square Feet Total Land Area Prior to Acquisition: 59,459 sf Fee Simple Purchase by City: - 20,212 sf Remainder Property Including Permanent Easements: 39,247 sf (The Johnsons were paid 50% of value for required easements at closing and prior to donation) Less Drainage Easement Acquired: 7,310 sf Less Slope Easement Acquired: 1.375 sf Total Area of Purchased Easements 8,685 sf - 8.685 sf Remainder owned in Fee Simple by Johnsons: 30,562 sf November 21, 2006 -3- Item No. 12 Value of donation to City: 30,562 sf x $7.00 = $213,934 8,685 sf x $3.84* = 33,350 Donation Total: $247,284 *At the closing for the acquisition of the property, the Johnsons were paid 50% of the appraised value for easement acquisitions. Therefore,the remainder value of the easement sites is included in the donation value. The price per square foot is increased to $7.00, per the updated appraisal, and the price paid for the easements is deducted to get the additional donation amount. ATTACHMENTS 1. Location Map ATTACHMENT 1 Johnson Property Donation Location Map E PROSPECT N 1 3 m m r mm 9 O Y MIDPOINT DR N ® Donation Property Location n ORDINANCE NO. 188, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACCEPTANCE OF A DONATION OF .901 ACRES OF REAL PROPERTY FROM CALVIN C. AND LOIS JOHNSON AND APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECT FUND—TIMBERLINE ROAD WIDENING PROJECT 305-23270 WHEREAS, the City of Fort Collins ("City") constructed the Timberline Road Widening Project ("Project") to widen Timberline Road and improve the intersection of Timberline and Prospect Roads as per Ordinance 90, 2005 which created the Timberline and Prospect Special Improvement District No.94 and provided for the construction of improvements therein; and WHEREAS, one of the affected parcels of land was owned by Calvin C. and Lois Johnson (the "Johnson"), which is located on the west side Timberline Road and just north of Spring Creek (the"Johnson Property"), as described in Exhibit"A", attached hereto; and WHEREAS, on July 14, 2006, the City purchased .464 acres of the Johnson Property that was required for the construction of the Project and is described in Exhibit `B", attached hereto; and WHEREAS, the Johnsons wish to donate the remaining .901 acres of real property ("Donated Property") to the City, as described in Exhibit"C", attached hereto; and WHEREAS, the estimated fair market value of the Donated Property is $247,284, based on an appraisal acquired by the City for the Project; and WHEREAS, if the Donated Property is not accepted by the City prior to the completion of the planned improvements to Timberline Road, staff has determined that the City will likely need to acquire additional property interests from the Johnsons, most likely the entire Donated Property, when the ultimate improvement project of Timberline Road is constructed in approximately ten years; and WHEREAS, staff has determined that the acceptance of the Donated Property now will likely result in a cost savings to the City when the ultimate improvement project for Timberline Road is constructed; and WHEREAS, Article V, Section 9 of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year does not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the donated value of the Donated Property, as described herein, will not cause the total amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, it is the desire of the Council to authorize the acceptance of the donation of the Donated Property from the Johnsons and to appropriate $247,284 of unanticipated revenue in the form of a donation of land in the Street Oversizing Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves and authorizes the acceptance by the Mayor of a deed of conveyance of the Donated Property. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the form of a donation of land to the Street Oversizing Fund the sum of Two Hundred Forty Seven Thousand Two Hundred Eighty Four Dollars ($247,284.00). Introduced, considered favorably on first reading, and ordered published this 21st day of November, A.D. 2006, and to be presented for final passage on the 5th day of December, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of December, A.D. 2006. Mayor ATTEST: City Clerk Exhibit "A" Page 1 of 1 A tract of land situate in the NEhNE4, Section 19, Township 7 North, Range 68 West of the 6th P.N. , described as follows: Commencing at the NE corner of said Section 19, thence 589°Z1'3M1" N 431.95 feet along the North section line, thence S00020' 03" W 30.00 feet, thence S24°11'20" E 174 .Z6 feet to the point of beginning, thence N52'31'31" E 320.03 feet, thence along the arc of a curve to the right whose radius is 129.16 feet and whose long chord bears S21056'34" E 50.62 feet, thence along the arc of o curve to the right whose radius is 878,68 feet and whose long chord bears SOS 09'30" E 167.91 feet, thence S00'19'30" N 430.30 feet to a point on the easterly right of way of said Colorado and Southern Railroad, thence along the arc of a curve to the right whose radius is 2,814.94 feet and whose long chord bears N32 24'41" W 532.77 feet to the point of beginning, con- taining 2.267 acres, with all apppurtenances. Except that portion as conveyed to the City of Fort Collins in Book 2300 at Page 1103. Exhibit "B" Page 1 of 2 A pamet of land,for Timberline Road Right-Of-Way,being part of that parcel of land described as Parcel 1 in that Quit Claim Deed(QCD)lacorded November 9, 1987 as Reception No.87063756 of the records of the Lorimer County Clerk and Recorder(LCCR)and being pad of the Northeast Quarter(NE 174)of Section Ninclecn(19),Township Seven North(T.7N.),Range Sixty-eight West(R.68 W J.of the Sixth Principal Meridian(0 P.M.).City of Fort Collins,County of Lorimer,State of Colorado,and being more particularly described as follows: COMMENCING at the Northeast comer of said Section 19 and assuming the East lino of said NE114 as heacing'$mu(h gD°l3'42"l3p.pt,being a Grid Bearing of the Colorado Slate Plane Coordinate System,North ' 2on6,NdAh Anierican-Ooluin 198379z,a distance of2679.27 feetwith all other bearings contained heroin . .. Irtiatfyc thercla:'- .. . .., . "" -F.t3F��S.$.Qll(jL�1°1.3'4'�"Fast Q.iOU,g BAId'EaS1 I111Cd-difi(9[lCO3II�7�ffECEi :`1•- TI IENEE South 9064648"West a distiihca6f30.00-f6bt1o'th6'•r DINT OF'DEG INNING,said point being thoSoulherly comer of said Parcel 1,said point also being the intersection of the Westerly Right-Of-Way {R9W)•mfTimbSrlina-Roadan([(lie Railway of Colorado{l7WRC), .: sunk)soint><Isu3tdittg Ulok Bltta ag pojntal a cttt sa7p atilYayoiug�m>ast OS S.(oatUS4 l�l llog THENCE along ilio a76 ora chive which is concaVe feet,said curve , having a radius of 2814.94 feet,a central angle of 01°45'07"and a long chord bearing North 379 Poll" . .. ::... ..,.,_... ... Wesba-Jivauceof96.06feet; - TIlENGE,Narth.t14"22'd.l"West atop o line el, ]qn-tg0 cntto aforesaid curve a distance of 125.65 feet .. . .. ... . ....tg'ZPAiuto"furtiahit& .r: . =:? �'+'- 'TI4Rf3Ci?sa'daaRthnme o'PA atu�elvinolria'aat[csvako�htt$ast a diatanco of 161.18 feet,said curve having a ..._.n... .__... ......._.___.... -`i2diosof2182.10a t,AftitidFATi . .o_a, u_ jL " I boarltzgNorlh02°"15'4,)��W__esta .:_:_�,=,:M.::"'=__alisraticenCi'BI'��titi7iCRiltt9f�at18pllAY�(L''fJ:-�-�_.—..,—.:: _. • - THENGE•Noi{h 00"08`g5'=Woyt Aaistanbc oF91.B7fiiatfd'.11ie Southerly.line of that parcel of land described in that Warranty Deed(WD)recorded November 29,[984 in Book 2300 at Page 1103 oFlhc records or the LCCR; The following Four(4)courses and distances are along said Southerly Itne: T14ENCE North 80°00'33"East a distance of 34.60 fee: r' Ti tENCB South 07°10'54"Cost a distance of 168.85 feet:' 1•IfENCE South 00°1,T42"East a distance of 150.00 feet; THENCE North 89046'18"East a distance of 12.28 feet to said Westerly ROW; THENCB South 00°13'42"East along said Westerly ROW a distance or 134.96 feet to the POINT OF BEGINNING; - Saidparcel contains 20,2L2sq.It.or0.464acre,more or less_(t),_and is subiect,to.enXX -of-wryer. --- _ ., - - 'otltiirausemeutsnrdceordnv.asnaw-mustmgonsarck escnGe�patccla�art�''^ •--'—""'- '-- -"" 1,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was atcd under my personal supervision and checking,and that it is true and correct to the hastofmy ggy eliaE Stcvras A. Yy. �haI 6 King Surveyors,Inc, Colorado Reg�4una ra sional Land Surveyor 934995 ICING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 JN:2004208 Hf:12 0 0 4 20 811cgal dc:criptiousUOtfNSON-RO W-LEGAL-DESC.doc Lost printed 1016nW5 5:16 Pbl CALVIN C. do LOIS M, JOHNSON RIGHT—OF—WAY EXHIBIT "B" I NFY SEC. 19, TJN., R.BBW. Page (2 OP 2) NORTHEAST CORNER' ' / !Y/6'C//TOFFO.fTCYi'C/r�P SEC. t9, T.7N., R.08W. �xom�aoai�r POINT OF COkNfNCOf1JENTAENT I / L3 II--t�---I : I I I I { .1 C) ( I t I �I b \ t1 . I N I Rs rLm I . _. . a.. . . NI ._. .. . .. _ _ (n n . Z O pl r � o l I 9 g m 3 I ? � r G r a rn m M ' EIOSONG o MY FED. A o I 1. � m oho . I yl N m I POINT OF y1u� BEGINNING 0a# = 1 I a1II VQ fiEQ Steven A. Lund— 'e 445� to 1 ng Surveyors, Inc. Colorado Reglatered bnd&,,SMFveyOr ,49 yi ACING .SUId WFOWS, JVC PROJECT NO:2004208 9299 EASTMAN PART( DRIVE, WWNDSOR, CO 80550 DATE:10/06/2005 PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENTONTERWEST WWW.KINGSURVEYORS.COM DWG:EXHIBIT—JOHNSON DRAWN:MCD CHECKED:SAL Exhibit "C" Page 1 of 2 A parcel of land being part of that parcel of land described as Parcel 1 in that Quit Claim Deed (QCD)recorded November 9, 1987 as Reception No, 879637%of the records of the Larimer County Clerk and Recorder(LCCR) and being pert of the Northeast Quarter(NET/4) of Section Nineteen(19),Township Sayan North (T.7N,),Range 81xty-eight Plait (R.68 W) of the Sixth Prfncipal Meridian (6'h P.M.),City of Port Collins,County of Larimer,State of Colorado,and being moce particularly described as follows: COSOMICINC at the Northeast corner of said Section 19 and assuming the East line of said :. NEl/4 es bearing.South 00"M'42"last, being a Grid Bearing of the Colorado State.plane Coordinate System,North Zone;North Amedean.D4turn 1983192,a distance.at 2679,Z7 feet with all'rither bearings confnined herein relative thereto: THEnr South 60'13'4'-East along sold East line a distance o(734.35 feet;,.. .. ?HAiJ f:South 89.!W.Z .'W651adlstdnceyf'jQ, Ieet fhe arithGr�} frjCC r ld: 9ttcll,:,:. .. _ said'pd.tatsdbiri+J$1lt�rncrsc�c�Fi3irbfihe4C!esrtrlyRigtitd3f+Wej:('ROV-ti.Ttratlre�Cir'aVMd and 1Y4Easterly FfVt oche Great Western jagviaY of Colorado(GWRC),said poliit also bclp&. ,, „ •--- `._. .._..., Uta heginning 132pir:oi a.ctirva.said curve being non-tangent to aforesaid fine; - - T1MKC.8 P_qg gXprc Of:a curve.wh(ch ls.eoncade to the Northeast a,distance of 86.07 feet,said curve having aradiiu of 2814.94feet,a central angle of 01"45rll7"and a 16ag chord bearing North 37.'31'08 Wastssdiitancaof86.06 feet-to.IhffP©1NTT07B£GR0Mq ; THENCE corium lril;.al"g tha-asc.ota cuwasvhich.is.concave.w.ihe.Norllie M1�f�pge,of 4U¢.5fi feei;:said,r.�iteye,llavtpg asadius AP1g14.9Q.feetsaentnal'angl'e.of OB"16_'3P"�andatlong._. ..,.___...-,...�-_,.,�__-__,.:�. eboilbeariyg lVojfir32"3p'19"West a distance of 406.21 feet to the Noahweaterly corner of said 'F131 NC ATortli Fi'00'33"Fast along the Northerly line of Said Parcel 1, being non-tangent to aloresaid riiNe,Oistanc3 Of 205.21 feet; TH>rNCT�,,Sou-t1a;0I1°08'95"East e•dl0qq gf-91;0 feet to a PpirtLof Gurxatura(FCU;_.-:.._ -_ TFrgNfpnlia- ;arnafa calve-wliTch is concave to the lradta distaneroi�`lrll`S feet,said curve having, i?diuiiA 7182-00-feer,.a central angle-of t)4°I3'S6." and a long chord bearing Soudi ------rstaiice of iGl:lA feet to s Palm of Tangency'(PT); THENCE 5ottt 04'2Z`?1L"- Fast a'tlists4ce of 12365 Pegt�ii iv or ;FGINIEIFIG; - - - �afd parcel conraiLr;3 ;�a7 sq,ft ar 0 90I.acre,mare or•�ess LtJ .and is'stibject to any rights-of- �- way or other casements of record or as now axfsting on d described parcel of land. SURVEYOR'S CL+RTIFTCATE L Steven A.Lund,.a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and ohecidng, and that it is true and correct to the hest of my knowledge and belief. 0 RZq 34995 Stevan A. of Icing Surveyors,Inc. Colorado Reglatared Professional Land Surveyor#34995 KING SURVEYORS.INC, 650 Garden Drive Windsor, Colorado ao55o (970) 696-5011 .TN! ;.nnA2A6/C..°fort gnna2nm REMAINDER PARCEL EXHIBIT ..C., rNE4 SEC, IS, T,7N,.JR 68WN j Page (20r"2) SEC. 19, TON., 0. OW- I / 111m=ar'0vcmw" FONT GF CENNFJODAENT I I/ axarzatrrca/is7 I { k r 2p5.2t I I I �8ppp'33E I I i1 ' I I I I I i I I I I I r I I I �hb4 4 I IL 4 � I I f � g r - y W .. NQ I ul E iY h V l > r Tn ?3 I. �.4. I p$pNw 2 BEGIN ,a. < - r2L d5 Gip N � a I 1 } I Rip WiA� ' o1 >40 I$ I 1'---�- i ob t9ven A. Lo ehaiI ol K:ng SUrvoyorc. Inc. Colorado R*91stered Land S'r's r 04995 .fIlYG SUh'TE'YORS, INC. PROJECT N012006284 650 GARDEN DRIVE, WINDSOR, CO 80550 PHONE: OATE:O6ISCHER 06 970 686-5011 FAX: 970 666-5821 CWOM FiSCHER do FISCNER WWW KINGSURVI'ORS.COM( DRAWNI 181T.CHECK ON DRAWNaMCD CHECKEDtSnL