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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2011 - ITEMS RELATING TO THE ACCESS ROAD AT SOAPSTONE PRADATE: July 5, 2011 STAFF: Lindsay Kuntz Mark Sears AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 17 SUBJECT Items Relating to the Access Road at Soapstone Prairie Natural Area. A. First Reading of Ordinance No. 083, 2011, Authorizing the Transfer to Larimer County of Public Right-of-Way Easements Acquired by the City for the Reconstruction of Rawhide Flats Road. B. First Reading of Ordinance, No. 084, 2011, Authorizing the Conveyance of Access Easements to Three Private Land Owners within the Soapstone Prairie Natural Area. EXECUTIVE SUMMARY To complete the process of improving Rawhide Flats Road, the City has requested that Larimer County vacate sections of road right-of-way that were abandoned in 2008 when the road was realigned and reconstructed by the City to provide access to Soapstone Prairie Natural Area. The County conditioned its approval of the road improvements on the City’s follow up to request this vacation in order to stop the unnecessary public use of the old abandoned road areas and to allow the land to revert to the surrounding landowner(s). Once the sections of right-of-way are vacated, the ownership will revert to the adjacent landowners. In connection with the vacation of the unneeded sections of right- of-way, the City is proposing to transfer to the County six new right-of-way easements that the City acquired to build the realigned portions of the improved road. This transfer will establish that the easements are held by Larimer County as public road easements for Rawhide Flats Road along with the other segments of the Road, and that the right-of-way being vacated is no longer needed. The City has also asked the County to vacate any remaining public road rights-of-way within Soapstone Prairie Natural Area. This action will establish that Rawhide Flats Road north of the Natural Area boundary line is a private road owned by the City for the sole purpose of providing access to Soapstone Prairie Natural Area. There are currently three property owners with in-holding properties within Soapstone Prairie Natural Area. When this section of Rawhide Flats Road is vacated, these owners will lose their legal access to their properties. In order to continue to provide these owners legal access to their property, the City will need to grant each owner an access easement from the boundary of the Natural Area to their property line. The access easements will follow the same alignment as the existing road on the Soapstone Prairie Natural Area. BACKGROUND / DISCUSSION To provide access to Soapstone Prairie Natural Area, the Natural Areas Program (NAP) reconstructed Rawhide Flats Road to meet the required County road standards. Prior to the reconstruction, the road went through several natural drainage channels. County road standards required the City to realign Rawhide Flats Road in several locations, out of the drainage ways and away from the existing right-of-way. The realignment of the road required the City to acquire six new public right-of-way easements from private property owners. At the time of approval of the new road, the County conditioned its approval on future vacation of the obsolete sections of the old right-of-way. City staff plans to initiate the process of requesting that the County Commissioners vacate the abandoned road rights- of-way in an effort to stop the public use of these old road areas and to allow the land to revert to the surrounding landowner(s). The old road was removed, reseeded with native grass seed, and fenced off. However, neighboring residents have removed the fences and resumed driving across these abandoned rights-of-way, since, technically, they are still public road rights-of-way. City staff is recommending that the City transfer these six right-of-way easements to Larimer County, to establish that these new easement areas are held by Larimer County as public road easements for Rawhide Flats Road, and to affirm that the sections of right-of-way being vacated are no longer needed. July 5, 2011 -2- ITEM 17 The NAP has acquired all the land north of the Natural Area boundary line shown on Attachment 2, with the exception of three privately owned in-holdings. The NAP is requesting the County Commissioners vacate all remaining public rights-of-way, including prescriptive rights, across the land now known as Soapstone Prairie Natural Area. Vacating this right-of-way will establish that Rawhide Flats Road north of the Natural Area boundary line is a private road owned by the City for the sole purpose of providing access to Soapstone Prairie Natural Area. City staff is recommending that the City grant individual access easements to each of the three privately held in-holdings to maintain their ability to legally access their properties across the lower portion of Soapstone Prairie Natural Area. Once the Ordinances have passed, the City will grant the access easements to the private in-holding owners contingent upon the road vacation, initiate the road vacation process with the County, and transfer the six right-of-way easements to the County. ENVIRONMENTAL IMPACTS The abandoned portion of Rawhide Flats Road was reseeded to native grasses and forbs during the construction project. Also, three new stream crossings were constructed as part of the new road construction thereby eliminating three low water crossings. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION On June 8, 2011, the Land Conservation and Stewardship Board voted unanimously to approve the recommendation that City Council approve an ordinance authorizing transfer of the six new public right-of-way easements to the County and three access easements to the private in-holding property owners. PUBLIC OUTREACH Property owners surrounding the affected area of Rawhide Flats Road were contacted by mail detailing the City’s plans of vacating the old right-of-way areas. This information also included a detailed map showing the proposed road vacations. ATTACHMENTS 1. Vicinity Map - Soapstone Prairie Natural Area 2. Map of Access Easements and Right of Way Areas to Be Conveyed 3. Map of Right-of-Way to Be Vacated 4. Land Conservation and Stewardship Board Minutes, June 8, 2011 ¹ Soapstone Prairie Natural Area General Location Created by City of Fort Collins Natural Areas - 2011 Project Area Larimer County Meadow Springs Ranch Larimer County CSU City of Loveland Open Space City of Fort Collins NA City of Fort Collins Parks State of Colorado GMA City Limits 0 0.5 1 2 3 4 Miles Soapstone Prairie Natural Area Meadow Springs Ranch (Utilities) Red Mountain Open Space FORT COLLINS Location Map 1 - Soapstone Prairie Natural Area Attachment Location Map 1: ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 Land Conservation and Stewardship Board Wednesday, June 8, 2011 Excerpt - Rawhide Flats Road – Grant Three Access Easements and Rawhide Flats Road - Transfer Acquired Easements to Larimer County • Program Sears: To (NAP) provide reconstructed access to soapstone the Rawhide Prairie Flats Natural road Area; to meet the the Natural required Areas County road road easements standards. went The existing down through road in several an attempt natural to stay drainage with in channels. or near In the order existing to meet road out the of County the drainage road standards ways and the away City from was required the existing to realign right-of-Rawhide way in several Flats County The property locations; County Commissioners owners. which Attorney required has to asked the vacate city the the to City acquire un-necessary to initiate six new the abandoned easements process road of from requesting rights-private of-the way that unnecessary are no longer public needed use of for these Rawhide easements, Flats and Road; return which the it abandoned is hoped will right-stop of-way the to In the order appropriate for the County private Commissioners land owners. to vacate the easements, the City must grant to maintain individual their access ability easements to access their for each properties of the three across privately the lower held portion in holdings, of Soapstone Prairie. The (Rawhide City has Flats asked Road) Larimer within County Soapstone to vacate Prairie the Natural right-of-Area, way and for to County also vacate Road 15 portions Soapstone of Prairie the County Natural Road Area 15 that right-are of-no way longer between needed County for road Road purposes 84 and since the In connection City rebuilt with and these realigned vacations, the road. Cameron moved that the Land Conservation and items Stewardship related to Rawhide Board recommend Flats Road that (the City access Council road to approve Soapstone the following Prairie Natural two Area)1) Transfer : to Larimer County six road easements acquired by the City from private Road. property owners for the realignment and reconstruction of Rawhide Flats 2) within Grant Soapstone access easements Prairie Natural to three Area property (Zimmerman, owners with Bowler parcels and of Noonan.private ) land These easements by the County, would would be on be a a portion private of road Rawhide owned Flats and Road maintained that, following by the City vacation as an access Knowlton road second. to Soapstone It was Prairie unanimously Natural approved. Area. ATTACHMENT 4 • Grimes: Mark please define vacating for me. • typically Sears: What along is there the section now was line dedicated they dedicated approximately 30 feet or 100 more. years When ago and we vacate this there it is will a 30 no foot long public show, easement. on their side of the section line that on this property • Stanley: Are they being vacated by the County? • Sears: maintained The County by the City will of hold Fort the Collins. easement, but it is a public easement privately OF THE COUNCIL ORDINANCE OF THE NO. CITY 083, OF 2011 FORT COLLINS AUTHORIZING EASEMENTS THE ACQUIRED TRANSFER BY TO THE LARIMER CITY FOR COUNTY THE RECONSTRUCTION OF PUBLIC RIGHT OF OF WAY RAWHIDE FLATS ROAD northernin WHEREAS, Larimer County, in 2008, to provide the City better reconstructed access to Rawhide Soapstone Flats Prairie Road Natural (the “Road”)Area; and , located portions WHEREAS, of the Road; in and order to meet the County’s road standards the City was required to realign Road,the the WHEREAS, County conditioned in connection its approval with the on County’s the eventual approval vacation of the of the City’s portions improvements of the Road to that would be abandoned under the new alignment; and from neighboring WHEREAS, property the City owners obtained in six order right-to realign of-way the easements Road (the totaling “Easements”)approximately ; and 33.5 acres of-way WHEREAS, that were abandoned the City in has the asked realignment Larimer County and are to no vacate longer the being portions used of for the the old Road; road and right- transferto WHEREAS, the Easements in to conjunction the County with in order the County’s to appropriately vacation establish process, that City these staff new would sections like of the the Road right-of-are way County being road vacated right-by of-the way County like the are rest no of longer the Road, needed; and and to ensure that the portions of to sell, WHEREAS, convey or otherwise Section 23-dispose 111(a) of of any the and City all Code interests provides in that real the property City Council owned is by authorized the City, provided best interests that of the the City City. Council first finds, by ordinance, that such sale or other disposition is in the COLLINS NOW, as follows: THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT of the City. Section 1. That the transfer of the Easements, as set forth herein, is in the best interests necessary Section to transfer 2. the That Easements the Mayor to is the hereby County authorized on terms and to execute conditions such consistent documents with as this are Ordinance, with the City together Attorney, with determines such additional are necessary terms and or conditions appropriate as to the protect City Manager, the interests in consultation of the City. A.D. 2011, Introduced, and to be considered presented favorably for final passage on first reading, on the 19th and ordered day of July, published A.D. this 2011. 5th day of July, _Mayor ________________________________ ATTEST: _City ___Clerk _________________________ Passed and adopted on final reading on the 19th day of July, A.D. 2011. _Mayor ________________________________ ATTEST: _City ___Clerk _________________________ OF THE COUNCIL ORDINANCE OF THE NO. CITY 084, OF 2011 FORT COLLINS AUTHORIZING LAND HOLDERS THE CONVEYANCE WITHIN THE OF SOAPSTONE ACCESS EASEMENTS PRAIRIE NATURAL TO THREE AREA PRIVATE CountyLarimer WHEREAS, known as Soapstone the City Prairie is the Natural owner of Area certain (the “Natural real property Area”)located ; and in northern including WHEREAS, any prescriptive the City rights, is planning that may to ask remain Larimer within County the boundaries to vacate all of public the Natural rights-Area, of-way, in order Flats Road to ensure north that of any the roads Natural within Area’s the southern Natural Area, boundary, including are private the northern roads owned extension by of the Rawhide City for the sole purpose of providing access to the Natural Area; and withininholdings the WHEREAS, Natural Area there (the are “Properties”)currently three ; and privately-owned parcels of land that are the Properties WHEREAS, would upon no longer the County’s be legally vacation accessible; of the public and rights-of-way within the Natural Area, staff is recommending WHEREAS, therefore, that the City in order grant to provide the property a substitute owners means access of easements access to the across Properties, a portion City of the City’s access road; and incorporated WHEREAS, herein by the reference proposed (the access “Access easements Easements”)are described ; and on Exhibit A, attached and road right-WHEREAS, of-way, and the would Access not Easements give the owners would of be the contingent Properties upon more the rights vacation to use of or the access existing City property than they have prior to the vacation; and to sell, WHEREAS, convey or otherwise Section 23-dispose 111(a) of of any the and City all Code interests provides in real that the property City Council owned is by authorized the City, provided best interests that of the the City City. Council first finds, by ordinance, that such sale or other disposition is in the COLLINS NOW, as follows: THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT interests Section of the City. 1. That the conveyance of the Easements, as set forth herein, is in the best necessary Section to convey 2. the That Easements the Mayor on terms is hereby and conditions authorized consistent to execute with this such Ordinance, documents together as are with such additional terms and conditions as the City Manager, in consultation with the City Attorney, not limited determines to, any necessary are necessary changes or appropriate to the legal to description protect the of interests the Easements, of the City, as including, long as such but changes do not materially increase the size or change the character of the Easements. A.D. 2011, Introduced, and to be considered presented favorably for final passage on first reading, on the 19th and ordered day of July, published A.D. this 2011. 5th day of July, _Mayor ________________________________ ATTEST: _City ___Clerk _________________________ Passed and adopted on final reading on the 19th day of July, A.D. 2011. _Mayor ________________________________ ATTEST: _City ___Clerk _________________________ EXHIBIT A Easement 44 of the acres 6th west P.M.1, , City of being easterly to Larimer the side owner County of of existing E ½ Assessor’s of road NE extending ¼ of Schedule Section north Number 11, as Township or R0599662, from County 11 North, LESS Road Range approximately 15 in 69 the West East ½ Larimer P.Township NumberSchedule 68 Schedule Sectionall M.of West , the being 12, County, Northeast R0599603, of Number 11 Township the Larimer North, 6th Colorado, R0599697, P.¼ and M.Range of County 11 , Section being W North, and ½ 68 Larimer Assessor’s of Larimer West 11, NW Range NE Township ¼ ¼ of County, of 69 & County the Schedule Section W West 6th ½ 11 State P.of Assessor’s of North, M.7, SE the Number of , Township being ¼ Colorado 6th Range of P.Section Schedule M.Larimer R0300381, , 11 69 being (Kurt North, West 7, County Number E. Larimer Township of and and Range the Nancy Assessor’s SW 6th R0599557, County 68 11 Prime ¼ West Zimmerman)North, of Assessor’s Section Meridian, of and Range the 6th 7,: A south perpetual, section non-line exclusive of Secs. access 13 and easement 14, T11N, on, R69W over, under to the and north across section Grantor’s line of Property, Secs. 11 from and 12, the T11N, movedbe R69W or modified. along the existing improved roadway, as the same now exists or may hereafter Easement of the 6th P.2, M.City , Larimer to the owner County, of Colorado E ½ of NW (Janalee ¼ of Section McEwen 13, Bowler)Township : 11 North, Range 69 West A south perpetual, section non-line exclusive of Secs. access 13 and easement 14, T11N, on, R69W over, under to the and north across section Grantor’s line of Property, Secs. 11 from and 12, the T11N, movedbe R69W or modified. along the existing improved roadway, as the same now exists or may hereafter of Easement the 6th P.3, M.City , Larimer to the owner County, of Colorado. S½ of SE ¼ (Kelly of Section Noonan)11, : Township 11 North, Range 69 West A south perpetual, section non-line exclusive of Secs. 13 access and 14, easement T11N, on, R69W over, to under the north and across line of Grantor’s the S ½ of Property, the SE ¼ from of Sec. the 11, moved T11N, or modified. R69W along the existing improved roadway, as the same now exists or may hereafter be