HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2014 - ITEMS RELATED TO LARIMER COUNTY'S REQUEST FOR RIGHAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY September 2, 2014
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
John Stokes, Natural Resources Director
Ken Mannon, Operations Services Director
Mark Sears, Natural Areas Program Manager
Kurt Friesen, Director of Park Planning & Development
SUBJECT
Items Relating to Larimer County’s Request for Right of Way and Temporary Construction Easements across
five City properties to Construct, Operate and Maintain Improvements Associated with the North Shields Street
widening and Cache la Poudre bridge replacement.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 118, 2014, Authorizing the Conveyance of a Deed of Dedication and a
Temporary Construction Easement on McMurry Natural Area to Larimer County.
B. First Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of Dedication and a
Temporary Construction Easement on North Shields Pond Natural Area to Larimer County.
C. First Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of Dedication and a
Temporary Construction Easement on Poudre River Trail Property to Larimer County.
D. First Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of Dedication and a
Temporary Construction Easement on City Property Located at 812 North Shields Street to Larimer
County.
E. First Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of Dedication and a
Temporary Construction Easement on City Railbanking Property to Larimer County.
The purpose of this item is to convey permanent rights-of-way and temporary construction easements to
Larimer County for improvements related to the North Shields Street widening and Cache la Poudre River
bridge replacement.
Larimer County will be widening the existing North Shields Street from a two-lane to a three-lane road to
provide a median/left turn lane, a trailhead parking lot, bike lanes and sidewalks from the Arthur Ditch north to
Willox Lane beginning in early 2015. The street and bridge construction will require one temporary
construction easement and the conveyance of permanent right-of-way (by deed of dedication) on each of five
City properties including McMurry Natural Area and North Shields Pond Natural Area.
Agenda Item 10
Item # 10 Page 2
This project is being completed in partnership with the City. In particular, the Natural Areas and Parks
Departments are working with the County to provide better access to the river for hiking, tubing and fishing.
The new bridge will feature sidewalks on the bridge and trails leading from the bridge to the river to provide
improved pedestrian access across the bridge as well as to the river. A new approximately 40 car trailhead
parking lot will be constructed on the northwest portion of the area on land owned by Larimer County
Emergency Services and a sidewalk will connect the parking area with the Poudre River as well as the North
Shields Pond Natural Area. An additional benefit of the project will be to fill a small portion of the eastern pond
at North Shields Ponds Natural Area to accommodate the widening of North Shields Street and to construct a
new trail along the east shore of the pond to improve access around the pond. This will require one temporary
construction easement and the dedication of permanent right-of-way on North Shields Ponds Natural Area.
Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and the new paved trails
providing access to McMurry Natural Area, North Shields Pond Natural Area, the Poudre Trail and the Poudre
River. Larimer County, Parks and Natural Areas will each be paying for a portion of these improvements.
Council will be asked to approve an Inter-Governmental Agreement defining the cost sharing on the
improvements and the ongoing maintenance of the trailhead parking lot and trails early next year.
STAFF RECOMMENDATION
Staff recommends adoption of these Ordinances on First Reading.
BACKGROUND / DISCUSSION
Larimer County (the County) currently maintains North Shields Street (Shields) just north of Vine Street (Vine)
and into unincorporated Larimer County. The County Engineering Department (Engineering) is planning the
expansion of Shields from the Arthur Ditch north of Vine Drive up to Willox Lane (Willox) (Attachment 1).
Shields serves as a primary connection between Fort Collins and northern unincorporated Larimer County and
carries more than 9,000 vehicles per day. The expansion and bridge replacement have been necessitated by a
number of concerns.
The mile of road between Vine and Willox has more than 30 access points (driveways or intersections)
without turn lanes or shoulders.
The access to the Poudre River Trail is ill-defined and has no dedicated parking. Users have
historically parked along the sides of Shields and have had to mingle in the road with traffic to access
the Trail or River in the area.
No facilities exist for the heavy amount of bicycle and pedestrian traffic along the corridor.
The Poudre River Bridge is very narrow, has poor roadway approaches and water is undermining the
bridge pier. It is classified as ‘structurally deficient’. Monitoring equipment has been installed to track
pier stability until the bridge can be replaced.
Together, these issues have generated a safety concern in the corridor. More than 20 crashes have been
reported along the corridor in the last five years. Seven of the crashes occurred near the river and trail.
Larimer County has received three federal grants to make improvements to Shields. One grant is to replace
the bridge over the Poudre River, another is to make improvements to Shields between the Arthur Ditch and
Willox and the third is to provide a trailhead/parking area for the Poudre River Trail. On a related note, the City
has received a federal funding grant to rebuild the intersection at Shields and Vine. This is a separate project,
but design and construction will be coordinated.
Agenda Item 10
Item # 10 Page 3
In 2011, the County began discussions with the City regarding the potential for collaboration on the project.
Two Natural Areas, McMurry Natural Area (McMurry) and North Shields Ponds Natural Area (North Shields
Ponds), and three other City properties fall within the project area (Attachment 2). This project provides an
opportunity to address safety concerns mentioned above with a new bridge, better access points, trail
improvements and the construction of a parking lot/trailhead.
Alternatives Analysis
The alternatives that could mitigate the impacts to the City properties are limited. Near McMurry, the roadway
could be realigned to the west as it approaches the river by moving the bridge and riprap protection upstream.
The bridge and channel could possibly be designed with more concrete retaining wall and concrete slope
protection features to try to limit the length of the downstream impacts. These options are highly undesirable
for public safety, cost and aesthetics reasons. An alternative that could mitigate the impacts at the North
Shields Ponds would include realignment of the road to the east or constructing a retaining wall and guardrail.
These options are also undesirable due to safety, cost and aesthetics. The alignment selected minimizes the
impacts to the River and to each of the City properties.
North Shields Ponds Natural Area
North Shields Street Expansion
At the request of NAD, a small portion of the most eastern pond on North Shields Ponds will need be filled in
(Attachment 3). Filling this small portion of the pond will allow for a gentler slope from the road and will eliminate
the need for a guardrail. The fill will also enable installation of a wider more sustainable soft surface trail around the
eastern shore of the pond and provide better access for users of the Natural Area. The fill (requested by NAD) will
disturb a small fringe area of existing wetlands and require the removal of a few small trees; however the fill will
allow NAD to create a more extensive wetland fringe along the eastern edge of the pond and provide a wider area
to plant many more trees. Larimer County will pay for the earthwork, tree planting and reseeding of the disturbed
areas; NAD will pay for the trail construction and the wetland planting. The permanent roadway dedication is
approximately 0.180 acre (7,839 square feet) and the temporary construction easement is 0.254 acre (11,053
square feet).
Trails and Trailhead
NAD, Parks and County staff are collaborating on the trailhead and parking lot design on the Larimer County
Emergency Services (LCES) property to alleviate parking and traffic issues triggered by the area’s popularity
with recreational users. The LCES property is just north of the River and south of North Shields Ponds.
(Attachment 5) The trailhead will feature a parking lot, vault toilets, a kiosk, bike racks, and trail connections
to the boating put-ins at the River; to McMurry; to North Shields; and the Poudre River trail. Once the costs
and the funding for the trailhead and trails are better defined, staff will prepare an Inter-Governmental
Agreement for Council to consider early next year.
McMurry Natural Area and Parks Poudre River Trail Property East of Shields
River Bridge Replacement
The existing two-lane bridge sits at the western edge of McMurry. (Attachment 4) The bridge is decades old,
does not have any shoulders or sidewalks, and the elevation of the bridge causes limited visibility for
approaching drivers.
The new bridge will be approximately 67’ wide (approximately 37’ wider than the existing bridge), thus creating
the need for the roadway dedication on McMurry. The new bridge will include two driving lanes plus a median,
bike lanes, and sidewalks. The permanent roadway dedication is approximately 0.316 acre (13,751 square
feet) and the temporary construction easement is 0.273 acre (11,887 square feet).
Agenda Item 10
Item # 10 Page 4
Poudre River Trail East
Currently, the Trail travels under the existing bridge on the southern bank of the River. With the replacement
of the bridge and the associated foundation work, the existing trail will be reconstructed in generally the same
location and a second paved trail will be constructed on the northern bank of the River under the bridge. The
second trail will connect to the planned parking lot and trailhead on the LCES property just north of the River.
The second trail will provide access to boating put-ins located on the western and eastern sides of the bridge,
and the McMurry trail system. The new trail will also connect to the sidewalk along the eastern side of the
bridge and will be ADA compliant.
Restoration Efforts
For the past three years, NAD has been engaged in a major restoration effort on McMurry to return the former
gravel pits to a more natural condition. The most recently completed phase of restoration re-contoured the
north River bank to mimic historic hydrologic flows and allow for periodic flooding into McMurry. The final
grading of the bridge will tie into the elevation of the bank re-contouring.
Parks Poudre River Trail Property west of Shields Street
Similar to the trail property east of Shields, the bridge replacement will impact the existing trail on the west of
Shields (Attachment 5). The trail will be reconstructed in roughly the same location. The road expansion and
bridge replacement necessitate a permanent roadway dedication of approximately 0.037 acre (1,614 square
feet) and a temporary construction easement of 0.134 acre (5,857 square feet).
812 N. Shields Street (Operation Services property)
As part of the Shields widening, the existing two lane bridge across Arthur Ditch will be replaced. The ditch is
immediately south of 812 N. Shields (Attachment 6). Irrigation crossing structures will be moved south.
Permanent road right of way will be expanded fifteen (15) feet onto the property. Sidewalk, curb and gutter will
be put in place. Storm sewer inlets will direct flows west into the detention area that is part of the West Vine
Basin Outfall drainage project. Access to the property will be improved with a new concrete entry way that will
extend 20 feet onto the property. The permanent roadway dedication is approximately 0.004 acre (171 square
feet) and the temporary construction easement is 0.015 acre (656 square feet).
Railroad Corridor Parcels - west of Shields St.
These two parcels, located across N. Shields Street from 812 N. Shields Street, span Arthur Ditch and will be
similarly impacted (Attachment 7). Sidewalk, curb and gutter will be put in place. Storm sewer inlets will direct
flows west into the detention area that is part of the West Vine Basin Outfall drainage project. A gas line will be
relocated. The permanent roadway dedication is 0.063 acre (2,752 square feet) and the temporary
construction easement is 0.084 acre (3,677 square feet).
FINANCIAL / ECONOMIC IMPACTS
Consideration for the dedicated roadway easements is two-fold. On the general City property - 812 N. Shields
(Operation Services), the total amount of consideration to be paid to the City for the permanent and temporary
interests is $700.00 based on appraised value.
On the Natural Areas/Parks properties, the value of the property interests has been calculated at $20,067.61
(roadway dedications), $3,844.57 (temporary easements) and the ecosystem impact fees have been
calculated at approximately $600.00. However, these charges, along with the standard application fee,
restoration fee, and billed staff hours, will not be collected from the County because the County’s contribution
to the project’s benefits, including the new trails, sidewalks and bike lanes over the bridge, boating put-ins,
trailhead and parking lot, and better pond access far exceed these typical fees. NAD, Parks and the County
will be cost-sharing on the trailhead parking lot and the trails per an intergovernmental agreement that will be
brought back to Council for approval after the first of the year.
See table (Attachment 8) for breakdown by parcel and type of property interest.
Agenda Item 10
Item # 10 Page 5
ENVIRONMENTAL IMPACTS
An extensive biological survey has been completed for the entire project area, and to date has found no
threatened or endangered species that would be impacted. Additionally, the bridge replacements are planned to
be completed in the winter when vegetation is dormant and the river and ditch are at lowest flow/no flow. The
roadway widening will impact largely non-native vegetation and areas that will be impacted by the NAD
restoration project. The small area of wetlands impacted by the filling on the east end of N. Shields Pond (as
requested by NAD) will be mitigated by NAD resulting in a more extensive wetland area along the east edge of
the pond. The easement areas on the Natural Areas will be reseeded by the County with native vegetation at
NAD’s direction and all tree removal will be mitigated by the County. With the safeguards mentioned, the
environmental impacts will be minimal.
BOARD / COMMISSION RECOMMENDATION
At its July, 10, 2013 regular meeting, the Land Conservation and Stewardship Board unanimously voted to
recommend that the City Council approve the conveyance of the requested property interests on McMurry and
North Shields Pond Natural Areas. An excerpt of the meeting minutes is included as Attachment 9.
The N. Shields Project was discussed with the Parks and Recreation Board during the November 9, 2011,
April 25, 2012, September 25, 2013 meetings.
PUBLIC OUTREACH
The County has conducted extensive public outreach efforts including public notification and open houses.
Summaries of public comments given to County staff have been compiled and submitted to NAD. Overall,
public support for the project is strong.
ATTACHMENTS
1. Location Map (PDF)
2. Project Maps (PDF)
3. North Shields Ponds Natural Area Easement Exhibits (PDF)
4. McMurry Natural Area and Parks Poudre River Trail East Easement Exhibits (PDF)
5. Poudre River Trail Property West Easement Exhibits (PDF)
6. 812 N Shields (Op Services) Easement Exhibits (PDF)
7. Railroad Corridor Parcels Easement Exhibits (PDF)
8. Easement Values Table (PDF)
9. Land Conservation and Stewardship Board meeting minute excerpt (PDF)
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N SHIELDS ST
W VINE DR
LAWTON LN
W WILLOX LN
WOOD ST
WOOD LN
HARRIS DR
AZTEC DR
HA
±
Project Maps
City Properties Impacted by N. Shields Street ROW / Bridge Improvement Project**
Impacted City Properties**
City Limits
1
2
3
4
5
1. N. Shields Pond Natural Area 4. 812 N. Shields (Op Services)
2. McMurry Natural Area/Parks Trail East 5. Railroad Corridor Parcels
3. Parks Trail West
Attachment 2
** This shows the City properties in their entirety. See following pages for depiction of proposed easement areas.
North Shields Ponds Natural Area
Depiction of roadway dedication and temporary easement*
* Not to scale. See Attachment 3 for full legal description and survey drawing.
±
N. Shields Street
Poudre River
North Shields Ponds Natural Area property
Larimer County Emergency Services property
Roadway Dedication (0.180 acre / 7,839 square feet)
Temporary Easement Area (0.254 acre / 11,053 square feet )
McMurry Natural Area and Parks Poudre River Trail East
Depiction of roadway dedication and temporary easement*
N. Shields Street
±
Temporary Easement Area (0.651 acre / 28,359 square feet)
McMurry Natural Area property
Parks Poudre River Trail East property
* Not to scale. See Attachment 4 for full legal description and survey drawing.
Roadway Dedication (0.572 acre / 24,903 square feet.)
Poudre River
Larimer County Emergency Services property
±
N. Shields Street
Parks Poudre River Trail West
Depiction of roadway dedication and temporary easement*
Parks Poudre River Trail West property
McMurry
Natural Area
Roadway Dedication (0.037acre / 1,614 square feet)
Temporary Easement Area (0.134 acre / 5,857 square feet)
* Not to scale. See Attachment 5 for full legal description and survey drawing.
Poudre River
812 N. Shields St. (Operation Services)
Depiction of roadway dedication and temporary easement*
Roadway Dedication (0.004 acre / 171 square feet.)
Temporary Easement Area (0.015 acre / 656 square feet)
* Not to scale. See Attachment 6 for full legal description and survey drawing.
812 N. Shields St. (Operation Services) Property
Arthur Ditch
N. Shields Street
±
Roadway Dedication (0.063 acre / 2,752 square feet.)
Temporary Easement Area (0.084 acre / 3,677 square feet)
* Not to scale. See Attachment 7 for full legal description and survey drawing.
Railroad Corridor Parcels
Depiction of roadway dedication and temporary easement*
Arthur Ditch
N. Shields Street
±
Railroad Corridor Parcels
Attachment 3
North Shields Ponds Natural Area Roadway Dedication
North Shields Ponds Natural Area Roadway Dedication
North Shields Ponds Natural Area Temporary Easement
North Shields Ponds Natural Area Temporary Easement
North Shields Ponds Natural Area
Attachment 4
McMurry Natural Area and Parks Poudre River Trail East Roadway Dedication
McMurry Natural Area and Parks Poudre River Trail East Roadway Dedication
McMurry Natural Area and Parks Poudre River Trail East Temporary Easement
McMurry Natural Area and Parks Poudre River Trail East Temporary Easement
McMurry NA and Parks Trail East
Attachment 5
Parks Poudre River Trail West Roadway Dedication
Parks Poudre River Trail West Temporary Easement
Parks Poudre River Trail West
812 N. Shields (Operation Services) Roadway Dedication
Attachment 6
812 N. Shields (Operation Services) Temporary Easement
812 N Shields (Operation Services) Temporary Easement
812 N. Shields (Op Services)
Railroad Corridor Parcels Roadway Dedication
Attachment 7
Railroad Corridor Parcels Roadway Dedication
Railroad Corridor Parcels Temporary Easement
Railroad Corridor Parcels Temporary Easement
Railroad Corridor Parcels
Location/Name
Permanent
ROW
acreage/s.f.
Permanent
ROW offer
Temp.
Easement
acreage/s.f.
Temp.
Easement
offer
N. Shields Pond NA 0.180 ac.
7,839 s.f. $7,133.49
0.254 ac.
11,053 s.f. $1,005.82
Parks Trail West 0.037 ac.
1,614 s.f. $1,162.08
0.134 ac.
5,857 s.f. $421.70
812 N. Shields (Operation Services) 0.004 ac.
171 s.f. $500.00
0.015 ac.
656 s.f. $200.00
Railroad Parcels (Parks) 0.063 ac.
2,752 s.f. $2,807.04
0.084 ac.
3,677 s.f. $375.05
Attachment 8
Easement Values for Impacted City Properties
N. Shields ROW and Bridge Replacement Project
0.572 ac.
McMurry NA and Parks Trail East 24,903 s.f. $8,965.00
0.651 ac.
28,359 s.f. $2,042.00
Attachment 9
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ORDINANCE NO. 122, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A
TEMPORARY CONSTRUCTION EASEMENT ON CITY RAILBANKING PROPERTY
TO LARIMER COUNTY
WHEREAS, on July 18, 1989, the City entered into an Offer to Purchase and Interim
TrailUse/Railbanking Agreement with Burlington Northern Railroad Company (BNSF) in
accordance with Section 8(d) of the National Trails System Act (the “Railbanking Agreement”);
and
WHEREAS, pursuant to the Railbanking Agreement, on May 18, 1990, BNSF
quitclaimed to the City its interest in certain railroad right-of-way located in Section 3, Township
7 North, Range 69 West of the 6
th
Principal Meridian, County of Larimer, State of Colorado,
identified in County records as parcel numbers 9703200949 and 9703406903 (the “City
Property”), subject to BNSF’s right to reactivate the former rail line on such property in the
future; and
WHEREAS, the City Property is managed by the City’s Parks Department as a potential
location for a future trail; and
WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on
its North Shields widening and Cache La Poudre River bridge replacement project (the
“Project”); and
WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane
road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and
sidewalks from the Arthur Ditch north to Willox Lane;
WHEREAS, the City also owns the land on both sides of the City Property in the area of
the Project, so the City would be the sole owner of the City Property if BNSF were ever to fully
vacate its rights in the railroad right-of-way; and
WHEREAS, the County has asked the City to dedicate a portion of the City Property as a
public highway and grant a temporary construction easement on a portion of the City Property
for the benefit of its Project, to the extent of the City’s interest in the City Property and subject to
any existing rights of BNSF; and
WHEREAS, the areas of the proposed roadway dedication and temporary construction
easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and
incorporated herein by reference (the “Property Interests”); and
WHEREAS, the portion of the City Property to be dedicated for highway purposes is
.063 acres in size, and the area of the temporary construction easement is .084 acres; and
- 2 -
WHEREAS, as mitigation and compensation for the Property Interests, as well as
additional property interests across three other City Natural Areas and Parks properties that the
City Council is being asked to approve by separate ordinances, the County will provide
improvements on the City properties as part of the Project including new trails, boating put-ins,
and a new trailhead and parking lot; and
WHEREAS, the County would also be required to restore and reseed areas of the City
Property affected by the Project and mitigate any tree removal; and
WHEREAS, City staff has determined that the value of the improvements the County
will provide exceed the fair market value of the requested property interests; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Property Interests as described in this Ordinance; 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 City Council hereby finds that the City’s conveyance to the
County of the Property Interests on the City Property 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 Interests to the County 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 descriptions
of the Property Interests, as long as such changes do not materially increase the size or change
the character of the interests to be conveyed.
- 3 -
Introduced, considered favorably on first reading, and ordered published this 2nd day of
September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D.
2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 16th day of September, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Attachment 7
Railroad Corridor Parcels Right of Way Easement
Railroad Corridor Parcels Right of Way Easement
Railroad Parcels Temporary Easement
Railroad Parcels Temporary Easement
- 1 -
ORDINANCE NO. 120, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A
TEMPORARY CONSTRUCTION EASEMENT ON POUDRE RIVER TRAIL PROPERTY
TO LARIMER COUNTY
WHEREAS, the City is the owner of a parcel of real property located in Section 3,
Township 7 North, Range 69 West of the 6
th
Principal Meridian, County of Larimer, State of
Colorado, identified in County records as parcel number 9703100945 which is part of the Poudre
River Trail west of Shields Street (the “City Property”); and
WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on
its North Shields widening and Cache La Poudre River bridge replacement project (the
“Project”); and
WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane
road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and
sidewalks from the Arthur Ditch north to Willox Lane;
WHEREAS, the County has asked the City to dedicate a portion of the City Property as a
public highway and grant a temporary construction easement on a portion of the City Property
for the benefit of its Project; and
WHEREAS, the areas of the proposed roadway dedication and temporary construction
easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and
incorporated herein by reference (the “Property Interests”); and
WHEREAS, the portion of the property to be dedicated for highway purposes is .037
acres in size, and the area of the temporary construction easement is .134 acres; and
WHEREAS, as mitigation and compensation for the Property Interests, as well as
additional property interests across three other City Natural Areas and Parks properties that the
City Council is being asked to approve by separate ordinances, the County will provide
improvements on the City properties as part of the Project including new trails, boating put-ins,
and a new trailhead and parking lot; and
WHEREAS, the County would also be required to restore and reseed areas of the City
Property affected by the Project and mitigate any tree removal; and
WHEREAS, City staff has determined that the value of the improvements the County
will provide exceed the fair market value of the requested property interests; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Property Interests as described in this Ordinance; and
- 2 -
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 City Council hereby finds that the City’s conveyance to the
County of the Property Interests on the City Property 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 Interests to the County 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 descriptions
of the Property Interests, as long as such changes do not materially increase the size or change
the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D.
2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 3 -
Passed and adopted on final reading on this 16th day of September, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Poudre River Trail Property West of Shields Right of Way Easement
Attachment 5
Poudre River Trail Property West of Shields Temporary Easement
- 1 -
ORDINANCE NO. 119, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION
AND A TEMPORARY CONSTRUCTION EASEMENT ON NORTH SHIELDS POND
NATURAL AREA TO LARIMER COUNTY
WHEREAS, the City is the owner of a parcel of real property located in Section 3,
Township 7 North, Range 69 West of the 6
th
Principal Meridian, County of Larimer, State of
Colorado, identified in County records as parcel number 9703100902, which is part of the North
Shields Ponds Natural Area (the “City Property”); and
WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on
its North Shields widening and Cache La Poudre River bridge replacement project (the
“Project”); and
WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane
road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and
sidewalks from the Arthur Ditch north to Willox Lane;
WHEREAS, the County has asked the City to dedicate a portion of the City Property as a
public highway and grant a temporary construction easement on a portion of the City Property
for the benefit of its Project; and
WHEREAS, the areas of the proposed roadway dedication and temporary construction
easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and
incorporated herein by reference (the “Property Interests”); and
WHEREAS, the portion of the City Property to be dedicated for highway purposes is
.180 acres in size, and the area of the temporary construction easement is .254 acres; and
WHEREAS, as mitigation and compensation for the Property Interests, as well as
additional property interests across three other City Natural Areas and Parks properties that the
City Council is being asked to approve by separate ordinances, the County will provide
improvements on the City properties as part of the Project including new trails, boating put-ins,
and a new trailhead and parking lot; and
WHEREAS, the County would also be required to restore and reseed areas of the City
Property affected by the Project and mitigate any tree removal; and
WHEREAS, City staff has determined that the fair market value of the Project property
interests the County is requesting on Natural Areas properties is approximately $20,000, while
the value of the improvements the County will provide that benefit the Natural Areas properties
will be over $200,000, and therefore no additional compensation from the County should be
required; and
- 2 -
WHEREAS, City staff recommends that the City Council authorize the granting of the
Property Interests as described in this Ordinance; and
WHEREAS, at its regular meeting on July 10, 2013, the Land Conservation and
Stewardship Board voted to recommend that the Council approve the conveyance of the Property
Interests on the City Property; 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 City Council hereby finds that the City’s conveyance to the
County of the Property Interests on the City Property 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 Interests to the County 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 descriptions
of the Property Interests, as long as such changes do not materially increase the size or change
the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D.
2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 3 -
Passed and adopted on final reading on this 16th day of September, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Attachment 3
- 1 -
ORDINANCE NO. 118, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION
AND A TEMPORARY CONSTRUCTION EASEMENT ON MCMURRY NATURAL AREA
TO LARIMER COUNTY
WHEREAS, the City is the owner of two parcels of real property located in Sections 2
and 3, Township 7 North, Range 69 West of the 6
th
Principal Meridian, County of Larimer, State
of Colorado, identified in County records as parcel numbers 9702300909 and 9702300955,
which are part of McMurry Natural Area and Parks Poudre River Trail East property (the “City
Property”); and
WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on
its North Shields widening and Cache La Poudre River bridge replacement project (the
“Project”); and
WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane
road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and
sidewalks from the Arthur Ditch north to Willox Lane;
WHEREAS, the County has asked the City to dedicate a portion of the City Property as a
public highway and grant a temporary construction easement on a portion of the City Property
for the benefit of its Project; and
WHEREAS, the areas of the proposed roadway dedication and temporary construction
easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and
incorporated herein by reference (the “Property Interests”); and
WHEREAS, the portion of the City Property to be dedicated for highway purposes is
.316 acres in size, and the area of the temporary construction easement is .273 acres; and
WHEREAS, as mitigation and compensation for the Property Interests, as well as
additional property interests across three other City Natural Areas and Parks properties that the
City Council is being asked to approve by separate ordinances, the County will provide
improvements on the City properties as part of the Project including new trails, boating put-ins,
and a new trailhead and parking lot; and
WHEREAS, the County would also be required to restore and reseed areas of the City
Property affected by the Project and mitigate any tree removal; and
WHEREAS, City staff has determined that the fair market value of the Project property
interests the County is requesting on Natural Areas properties is approximately $20,000, while
the value of the improvements the County will provide that benefit the Natural Areas properties
will be over $200,000, and therefore no additional compensation from the County should be
required; and
- 2 -
WHEREAS, City staff recommends that the City Council authorize the granting of the
Property Interests as described in this Ordinance; and
WHEREAS, at its regular meeting on July 10, 2013, the Land Conservation and
Stewardship Board voted to recommend that the Council approve the conveyance of the Property
Interests on the City Property; 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 City Council hereby finds that the City’s conveyance to the
County of the Property Interests on the City Property 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 Interests to the County 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 descriptions
of the Property Interests, as long as such changes do not materially increase the size or change
the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D.
2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
- 3 -
Passed and adopted on final reading on this 16th day of September, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
McMurry Natural Area and Parks Trail East Right of Way Easement
ROW 22
Attachment 4
ROW 22
TE 22
TE 22
McMurry and Parks Trail East
- 1 -
ORDINANCE NO. 121, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND
A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY LOCATED
AT 812 NORTH SHIELDS STREET TO LARIMER COUNTY
WHEREAS, the City is the owner of a parcel of real property located in Section 2,
Township 7 North, Range 69 West of the 6
th
Principal Meridian, County of Larimer, State of
Colorado, identified in County records as parcel number 9702300952 (also known as 812 North
Shields Street), a residential rental property held and managed by the City’s Operation Services
Department (the “City Property”); and
WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on
its North Shields widening and Cache La Poudre River bridge replacement project (the
“Project”); and
WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane
road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and
sidewalks from the Arthur Ditch north to Willox Lane;
WHEREAS, the County has asked the City to dedicate a portion of the City Property as a
public highway and grant a temporary construction easement on a portion of the City Property
for the benefit of its Project; and
WHEREAS, the areas of the proposed roadway dedication and temporary construction
easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and
incorporated herein by reference (the “Property Interests”); and
WHEREAS, the portion of the City Property to be dedicated for highway purposes is
.004 acres in size, and the area of the temporary construction easement is .015 acres; and
WHEREAS, as mitigation and compensation for the Property Interests the County has
agreed to pay the City $700, which is the appraised value of the Property Interests, and improve
access to the City Property by installing a new concrete entryway that will extend twenty feet
onto the property; and
WHEREAS, the County would also be required to restore and reseed areas of the City
Property affected by the Project and mitigate any tree removal; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Property Interests as described in this Ordinance; 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.
- 2 -
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 City’s conveyance to the
County of the Property Interests on the City Property 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 Interests to the County 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 descriptions
of the Property Interests, as long as such changes do not materially increase the size or change
the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D.
2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 16th day of September, A.D. 2014.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
812 N. Shields Right of Way Easement
Attachment 6
812 N. Shields (Operation Services) Temporary Easement
812 N. Shields (Operation Services) Temporary Easement
l
A
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t
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D
i
t
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h
N Shields St
N Taft Hill Rd
Laporte Ave
N College Ave
W Vine Dr
W Willox Ln
W Mountain Ave
E Vine Dr
Jefferson St
N Mason St
E Willox Ln
N Howes St
W County Road 54G
E Mountain Ave
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ÕZYXW
±
Extent of North Shields Street improvements
Location Map
N. Shields Street ROW/Bridge Improvement Project
City Limits
Attachment 1