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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2014 - ITEMS RELATING TO LARIMER COUNTY'S REQUEST FOR RIGAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 16, 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. Second 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. Second 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. Second 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. Second 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. Second 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. These Ordinances, unanimously adopted on First Reading on September 2, 2014, 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (PDF) 2. Ordinance No. 118, 2014 (PDF) 3. Ordinance No. 119, 2014 (PDF) 4. Ordinance No. 120, 2014 (PDF) 5. Ordinance No. 121, 2014 (PDF) 6. Ordinance No. 122, 2014 (PDF) Agenda 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. ATTACHMENT 1 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) - 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 6th 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: _____________________________ Chief Deputy 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. 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 6th 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: _____________________________ Chief Deputy City Clerk - 3 - Passed and adopted on final reading on this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk $WWDFKPHQW "A-1" North Shields Pond Right of Way Easement North Shields Pond Temporary Easement "A-2" North Shields Pond Temporary Easement A-3 - 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 6th 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: _____________________________ Chief Deputy 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. 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 6th 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 - 1 - 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 6th 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: _____________________________ Chief Deputy 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