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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/20/2007 - SECOND READING OF ORDINANCE NO. 043, 2007, AUTHORI ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: March 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Craig Foreman Pat Hyland SUBJECT Second Reading of Ordinance No. 043, 2007, Authorizing the Execution of Quit Claim Deeds and a Temporary Construction Easement for the Improvement of North Taft Hill Road by Larimer County. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Larimer County is improving North Taft Hill Road between LaPorte Avenue and the Poudre River. To accomplish this project, Larimer County is requesting that the City of Fort Collins dedicate certain property interests to Larimer County. This Ordinance,unanimously adopted on First Reading on March 6, 2007, authorizes the conveyance of a temporary construction easement and two Quit Y P az'Y Claim Deeds. ATTACHMENTS I. Copy of the First Reading Agenda Item Summary- March 6, 2007 ATTACHMENT 1 ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: March 6, 2007 FORT COLLINSCO ST F: Jim Hibbard Craig Foreman Pat Hyland SUBJECT First Reading of Ordinance No. 043, 2007, Authorizing the Execution of Quit Claim Deeds and a Temporary Construction Easement for the Improvement of North Taft Hill Road by Larimer County. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT All work performed for this prod ill be for y the Court. The County has requested that the City dedicate the needed interests; therefore, there will not be revenue to the City for this transaction. By conveying unneeded area adjacent to the right-of-way, the City will eliminate ongoing maintenance costs associated with that unused property. EXECUTIVE SUMMARY Presently, Larimer County is improving North Taft Hill Road between LaPorte Avenue and the Poudre River. To accomplish this project,Larimer County is requesting that the City of Fort Collins dedicate the following property interests to Larimer County: 1. a temporary construction easement on approximatelyof �e quare feet in size on property in use by the City for i ai s ; 2. a Quit Claim Deed for ro 4 sParetrty acquired by the City for its trail system but no longer eded, ew right on the west side of Taft Hill Road; and, 3. a Quit Claim Deed of approximately 4,400 square feet of property, which was acquired by the City as a consequence of the dissolution of the LaPorte Water and Sanitation District in 2006,subject to a perpetual utility easement by the City,also located on the west side of Taft Hill Road. March 6, 2007 -2- Item No. 17 BACKGROUND Larimer County's road project clu ni Y ition of paved shoulders for pedestrian/bike use,replacem t of t dge s c eon Canal ditch,and intersection improvements at LaPorte Av ue an st Vi Fs. Larimer County assumes that the portion of North Ta oa wi ned and by this project will soon transfer by dedication to the City of Fort Collins, as the city limits expands and encompasses this portion of the road. It is for that reason Larimer County is requesting that the City dedicate the needed interests to the County. All of the requested fee simple interest dedication requested from the County is on the west side of North Taft Hill Road. A portion of the requested property was acquired by the City as part of the Rails to Trails Program. Currently,the City does not have a trail easement in the area needed for the road, nor do they expect to construct a trail in the same area. The City of Fort Collins and LaPorte Water and Sanitation District ("LWSD") entered into an agreement to assume services presently provided by the LaPorte Water and Sanitation District on March 8,2006. With the agreement,the City assumed the services of LWSD. Their easements were assigned to the City, including pro erty owned byPeaDulyrninstaff on the western side of North Taft Hill Road. Along with this action tr opll tract of land, consisting of approximately 4,444 square f t, to the ty of 's only need for this property is the sewer line that crosse nder i tract ast direction. The City must maintain and mow that small an olate ace s negotiations with Larimer County, they have stated that they will accept the conveyance of that entire 4,444 square foot tract and assume the obligations of maintenance and mowing of the surface. The City needs to reserve a utility easement on and under that tract for the present City sewer and possible future utility needs. All appropriate City staff have been consulted and have found no problems with the proposed conveyance to Larimer County. ATTACHMENTS 1. Right-of-way location map. 2. Temporary Construction Easement location map. ORDINANCE NO. 043, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF QUIT CLAIM DEEDS AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE IMPROVEMENT OF NORTH TAFT HILL ROAD BY LARIMER COUNTY WHEREAS,the City of Fort Collins is the owner of that certain real property adjacent to Taft Hill Road north of Vine Drive in Latimer Count the "Property") more particularly shown on Y ( p Y attached Exhibits"A,"`B"and"C", which exhibits are attached hereto and incorporated herein by this reference; and WHEREAS, the portion of Property described in Exhibit "A" (the "Easement Area") is approximately 1,200 square feet in size and is in use by the City for its trail system; and WHEREAS, Larimer County(the"County")has requested that the City grant to the County a temporary construction easement over the Easement Area in connection with improvements to North Taft Hill Road that the County plans to complete; and WHEREAS, the portion of the Property described in Exhibit `B" (the "Trails Property")is approximately 428 square feet in size and was acquired by the City for its trail system and is no longer needed by the City, given the ultimate alignment used for the trail in this area; and WHEREAS, the Property described in Exhibit "C" (the "Wastewater Utility Property") is approximately 4,400 square feet in size and was acquired by the City as a consequence of the dissolution of the LaPorte Water and Sanitation District in 2006, in connection with the City's assuming the responsibility for providing wastewater service to the customers of that District; and WHEREAS, the County has requested that the City convey the Trails Property and a portion of the Wastewater Utility Property for North Taft Hill Road right-of-way; and WHEREAS, City staff has determined that the City has no need for the Wastewater Utility Property,other than as a perpetual utility easement,and that the Wastewater Utility will continue to incur costs to maintain that property; and WHEREAS, the County has agreed to take title to the entire Wastewater Utility Property, subject to a perpetual City utility easement,and to thus take over the responsibility to maintain such property; and WHEREAS, staff has recommended that the City Council authorize the conveyance of a temporary construction easement over the Easement Area and the conveyance of the City's fee interest in the Trails Property and the Wastewater Utility Property to the County, subject to a perpetual utility easement,based on staff s determination that the proposed conveyances are fair and beneficial for the City, and will not have any adverse effects to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City provided the Council first finds by ordinance that any sale or disposition of that real property owned by the City will be for the benefit of the City's citizens, and will be in the best interests of the City WHEREAS, Section 23-11 l of the City Code provides that the City Council is authorized to sell,convey or otherwise dispose of an interest in real property owned by the City as part of a City utility provided the Council first finds by ordinance that any sale or disposition of that real property will not materially impair the viability as a whole of the utility system of which the Property is a part, will be for the benefit of the City's citizens, and will be 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 City Council hereby finds that the conveyance of a temporary construction easement to Larimer County on the Easement Area is for the benefit of the City's citizens and is in the best interests of the City. Section 2. That the City Council hereby finds that the conveyance by quit claim to Larimer County of the Trails Property is for the benefit of the City's citizens and is in the best interests of the City. Section 3. That the City Council hereby finds that the conveyance by quit claim to Larimer County of the Wastewater Utility Property will not materially impair the viability as a whole of the Wastewater Utility System,stem,will be for the benefit of the City's citizens and will be in the best Y , interests of the City. Section 4. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary for the City to complete the conveyances 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 in the best interests of the City, including any necessary corrections to the legal description thereof that do not result in a material increase or change in character of the intended conveyance. Introduced, considered favorably on first reading, and ordered published this 6th day of March, A.D. 2007, and to be presented for final passage on the day of March, A.D. 2007. Mayo ATTEST: �d City Clerk -2- Passed and adopted on final reading on the 20th day of March, A.D. 2007. Mayor ATTEST: City Clerk -3-