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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/20/2007 - SECOND READING OF ORDINANCE NO. 028, 2007, AUTHORI ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: February 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Lindsay Kuntz SUBJECT Second 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 Staff recommends adoption of the Ordinance on Second 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. hi 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. This Ordinance,unanimously adopted on First Reading on February 6, 2007, authorizes the dedication of the right-of-way needed to correct alignment of County Road 32C. ATTACHMENTS 1. Copy of the First Reading Agenda Item Summary- February 6, 2007. ATTACHMENT 1 ITEM NUMBER: 30 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COU CIL FF: 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 Latimer 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 arbingatBobcat Rid a Natural Area. In order to meet a condition of the development rovaf o s s constructed road and drainage improvements on County Ro 32C, a Ices the Natural Area. The road and drainage improvements includ ns u erts, a c veyance 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. 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. Mayo ATTEST: )U�)-. City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk