The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2010 - FIRST READING OF ORDINANCE NO. 087, 2010, AUTHORIZ DATE: July 6, 2010 SUMMARY ' STAFF: Lindsay Kuntz F F FORTCOLLINS • First Reading of Ordinance No. 087, 2010, Authorizing the Conveyance of Two Parcels of Real Property on North College Avenue to the Colorado Department of Transportation by Warranty Deed. EXECUTIVE SUMMARY ' In June 2007,Council adopted Ordinance No.068,2007,authorizing the conveyance of two parcels on North College Avenue to the Colorado Department of Transportation (CDOT) via quitclaim deed. The City constructed Phase I of the North College Improvements Project in 2003. For this project,the City and CDOT agreed that all property interests acquired for the Project would be deeded to the City. At the time of the Ordinance in 2007, the City had completed a number of transactions with CDOT using a quitclaim deed and City staff believed CDOT would complete this transaction with this same form of conveyance document. CDOT has since requested the City convey the property interests via warranty deed instead. Since Ordinance No.068,2007,specifically stated the City would use a quitclaim deed for the conveyance, City staff is requesting adoption of a new ordinance specifying the City will convey the property interests using a warranty deed. BACKGROUND/ DISCUSSION In 2003, the City completed Phase I of the North College Improvements Project. The Building Community Choices Capital Improvement Program,Transportation Services Fund,and the Colorado Department of Transportation(CDOT) funded the Project. As with all CDOT projects, the City agreed to convey the areas of right-of-way to CDOT upon completion of the project. City staff had recently completed transactions with CDOT using quitclaim deeds and believed this conveyance would be handled in the same fashion. Not until City staff presented the deed to CDOT was City staff informed that MOT preferred the conveyance be completed using a warranty deed. Since the Ordinance passed in 2007 specified that a quitclaim would be used to complete the transaction, it is necessary to pass another Ordinance to amend the terms of the conveyance to include the use of a warranty deed. FINANCIAL / ECONOMIC IMPACTS The City agreed to convey the right-of-way area to CDOT for a nominal amount of$10. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Location map Attachment 1 Conveyance to. CDOT From City of Fort Collins Location Map f F . O 1. Q J �E oL _ LLd O J llj d) Z f m �w fn� J �! 4 i t Y j+ Poudre River 1 Q i Art Center ' L LU 0 U z CHERRY ST WILLOW ST I — ® Conveyance Location N ORDINANCE NO. 087, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO PARCELS OF REAL PROPERTY ON NORTH COLLEGE AVENUE TO THE COLORADO DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED WHEREAS,the City is the owner of various properties acquired as part of the North College Avenue Improvements Project (the "Project') completed in 2003; and WHEREAS, the Project was funded from the Building Community Choices Capital Improvement Program, Transportation Services Fund, and the Colorado Department of .Transportation ("CDOT"); and WHEREAS, the City and CDOT agreed that all property interests acquired for the Project would be deeded to the City; and WHEREAS,it was further agreed that at the conclusion of the Project,all property acquired that is now in the new street right of way for North College Avenue, commencing at the back edge of the new curb and gutter, would be conveyed to CDOT; and WHEREAS, City staff has identified two parcels of land adjacent to each other on North College Avenue, more particularly described on Exhibit"A", attached and incorporated herein by this reference (the "Property") that should be conveyed to CDOT; and WHEREAS, such conveyance will be by warranty deed; and WHEREAS,Section 23-111(a)of the City Code provides 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 that 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 conveyance of the Property to the Colorado Department of Transportation as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property to the Colorado Department of Transportation on terms and conditions consistent with this Ordinance,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Property, as long as such changes do not materially increase the size or change the character of the Property. Introduced,considered favorably on first reading,and ordered published this 6th day of July, A.D. 2010, and to be presented for final passage on the 20th day of July, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of July, A.D. 2010. Mayor ATTEST: City Clerk Exhibit"A" Page 1 of 4 DESCRIPTION OF PARCEL NO. 10A PROJECT NO. STA 0142-039, CITY OF FORT , COLLINS TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO A tract of land being Parcel No, 10A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, located in the Northeast quarter of Section 11 Township 7 North, Range 69 West of the Sixth Principal Meridian, City, of Fort Collins, Larimer County, Colorado, the said tract is also located in Block 24 City of Fort Collins, the said tract is also a portion of that certain tract of land described in a Warranty Deed recorded June 30, 2003 at Reception No. 20030080748 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line,of the said northeast quarter of Section 11 as bearing South 00 degrees 23 minutes 57 seconds West between a found 3 1/4" brass cap monument, at the northeast corner of the said Section 11, and a found 3" brass cap monument at the east quarter corner of the said Section 11, based upon G.P.S. observation and the City of Fort Collins coordinate base; Commencing at the northeast corner of the said section 11; THENCE along the said east line of the northeast quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1406.96 feet to the easterly prolongation of the south line of the said Block 24; THENCE along the said prolongated line, North 89 degrees 39 minutes 56 seconds West for a distance of 60.00 feet to the southeast corner of the said Block 24, and to the southeast corner of the said tract described at Reception No. 20030086748, and to the TRUE POINT OF BEGINNING of this description; THENCE along the boundary of the said tract described at Reception No.20030080748, North 89 degrees 39 minutes 56 seconds West for a distance of 38.34 feet; THENCE leaving the said boundary, along a non-tangent curve to the left having a radius of 24.50 feet a central angle of 32 degrees 02' minutes 32 seconds and an arc length of 13.70 feet, being subtended by a chord of North 21 degrees 46 minutes 11 seconds East for a distance of 13 .52 feet; THENCE North 05 degrees 44 minutes 55 seconds East for a distance of 73.59 feet; THENCE along a curve to the right having a radius of 200 .50 feet a central angle of 09 degrees 08 minutes 42 seconds and an arc length of 32.00 feet, being subtended by a chord of North 10 degrees 19 minutes 16 seconds East for a distance of 31.97 feet; THENCE North 14 degrees 53 minutes 37 seconds East for a distance of 22.96 feet to the north line of the said tract described at Reception No. 20030080748; THENCE along the said north line, South 48 degrees OS minutes 02 Exhibit"A" Page 2 of 4 seconds East for a distance of 20.43 feet to the east line of the said tract described at Reception No. 20030080746; THENCE along the said east line, South 00 degrees 23 minutes 57 seconds West for a distance of 125.99 feet to the point of beginning. Containing 3702 square feet more less. The above described tract is subject to all easements and rights of. ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. S,�nt iGll Ir��ry, WALLACE C. MUSCOTT COLORADO P.L.S. 17497 �@>`��,�5'G•••.••..G�11G�< P.O. BOX 580 FORT COLLINS, CO 80522 `� f,.•PfieisTsgFo s�'p , * ' • P O!+COOL N L d� . i Exhibit"A" Page 3 of 4 DESCRIPTION OF PARCEL NO. 10D PROJECT NO. STA 0142-039, CITY OF FORT COLLINS TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO A tract of land being Parcel No. 10B Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, located in the Northeast quarter of Section 11 Township 7 North, Range 69 west of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in Block 24 City of Fort Collins, the said tract is also a portion of that certain tract of land described in` a Special Warranty Deed recorded June 30, 1997 at Reception No. 97041141 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 11 as bearing South 00 degrees 23 minutes 57 seconds West between a found 3 1/411 brass cap monument, at the northeast corner of the said Section 11, and a found 3" brass cap monument at the east quarter corner of the said Section 11, based upon G.P.S. observation and the City of Fort Collins coordinate base; ` Commencing at the northeast corner of the said section 11.; THENCE along the said east line of the northeast quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1406.96 feet to the easterly prolongation of the south line of the said Block 24; THENCE along the said prolongated line, North 89 degrees 39 minutes 56 seconds West for a distance of 60 .00 feet to the southeast corner of the said Block 24; THENCE along the east line of the said Block 24, North DO degrees 23 minutes 57 seconds East for a distance of 125 .99 feet to the north east corner of Parcel No. 10A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, and to TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of Block 24, North 00 degrees 23 minutes 57 seconds East for a distance of 72.73 feet; THENCE leaving the said east line, South 14 degrees 53 minutes 37 seconds West for a distance of 61.13 feet to the north line of the said Parcel No. 10A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039; THENCE along the said north line, South 48 degrees 05 minutes 02 seconds Bast for a distance of 20.43 feet to the point of beginning. Containing 556 square feet more less. The above described tract is subject to .all easements and rights of ways now existing or of record. I hereby state that the above description was prepared me and is �, 1u�rYr1 true and correct to the best of my professional knoo WA/Gitk��ief and opinion. 09F ., WALLACE C. MUSCOTT COLORADO P.L.S. 174974 P.O. BOX 580 FORT COLLINS, CO 80522 ^* Exhibit"A" Page 4 of 4 LOCATION SKETCH CITY OF FORT COLLINS NORTH COLLEGE PROJECT TRACTS 10A AND 10B TO BE DEEDED TO CDOT NE CORNER 11-7-69 � NTS MARCH 20. 2006 0 W • p ��5� I f U� ¢ i X o� ) LJ �.c U W O 0) —i TRACT LOB C 556 SQ.FT. Course Bearing Distance Ll S 00'23'57' W 1406,96' L2 N 89'39'56' N 60,00' Lrj L3 N 89'39'56' V 38.34' G( �J L4 N 53'S5' E 7359' 14*S3 LS N 14 '3T £ 22,96' L6 S 48.05'02' E 20.43' L7 S 00.23'57' W 125.99, V Aj N L8 N 00.23157' E 72.73' 2 U L9 S 14'5337' W 61,13' z 4 o m m zen Curve RadW Length De{ta Cl 24.50' 13.70' 32.02'32' r C2 200.5Y 32.00' 9'08'42' TRACT 1OA v J 3702 SQ.FT. �SE. COiPYER SH N CCH T T THe AREAS 9LOCX 2A TM S ao" TM ATfACHEO CHERRY ST. BACK OF CURB ' PRDPERFt OESUFTION ONLY, AND 00 NOT REPRESENT A AS CONSTRUCTED MONUWER1E0 OWHOARY SURVEY. - K\9URVEY\PROJ\cAPROL\NOR0w I,