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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/16/2011 - FIRST READING OF ORDINANCE NO. 108, 2011, AUTHORIZDATE: August 16, 2011 STAFF: Justin Scharton Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT First Reading of Ordinance No. 108, 2011, Authorizing the Conveyance of a Portion of City Property to the Lower Poudre Augmentation Company. EXECUTIVE SUMMARY Arapaho Bend Natural Area is located along the Cache la Poudre River near I-25 and East Harmony Road. The Lower Poudre Augmentation Company (LPAC) owns property immediately to the south of the portion of Arapaho Bend that lies east of I-25. A wire fence separates the two properties. A recent boundary survey revealed the fence separating the two properties was located slightly north of the described property line. The fence has been in place for greater than 18 years and has been recognized by the Natural Areas Program (NAP) and LPAC as the boundary of the Natural Area since the property was purchased in 2000. The strip of property between the fence and the described boundary line contains 0.703 acres. City staff determined that it was necessary to explore options for cleaning up the boundary issue to ensure clear boundary lines for future access, maintenance and use of the sites for both the NAP and LPAC. After meeting with LPAC on site and commissioning a survey of the boundary and fence lines, City staff proposed that this narrow strip of land described as City property be conveyed to LPAC in exchange for an access easement across the LPAC property and LPAC agreed. The current access to this portion of Arapaho Bend is limited and unsafe, with NAP staff accessing the natural area via the I-25 right of way. The access easement across the LPAC property will provide safe and permanent access for NAP staff. BACKGROUND / DISCUSSION The Lower Poudre Augmentation Company (LPAC) constructed the Harmony 25 Reservoir on the property to the south of the Arapaho Bend eastern parcel in 2010. During the construction of the reservoir a survey determined the boundary fence separating Arapaho Bend and the LPAC property was constructed several feet to the north of the actual property line. NAP staff determined the fence was constructed by the previous owners of Arapaho Bend, was in excess of 18 years in age, and had been recognized and treated as the property boundary since the site was purchased by NAP in 2000. LPAC was already occupying the land in question when the NAP acquired the property in 2000. These issues potentially cloud the City’s ownership of the strip, which is why staff is proposing conveying the strip of land by quitclaim deed rather than by warranty deed. The proposed conveyance of this narrow strip of land will restore the property boundary line to the location all parties have recognized as the property boundary for upwards of 20 years in an amicable manner, while the City receives the added benefit of the access easement across the LPAC property. Currently, NAP staff must access Arapaho Bend NA by driving northbound on I-25 from the Harmony Road interchange, pulling off onto the shoulder of the Interstate and driving down into the CDOT right of way along the eastern side of I-25. This access route is unsafe and in inclement weather access can be impossible. The proposed access easement across the LPAC property would allow staff to access to Arapaho Bend NA via the Wal-Mart parking lot from East Harmony Road, then driving along the eastern and northern shores of the Harmony 25 Reservoir to access Arapaho Bend NA (See Attachment 2). This access route is much safer, permanent, and accessible throughout the year. The access easement will be used for NAP staff to access Arapaho Bend NA for maintenance, research and monitoring, and emergency services of the property. LPAC and the NAP have agreed that the existing fence alignment is the most appropriate boundary for the Natural Area because it provides sufficient room for access and maintenance of the properties. The area along the north boundary of the LPAC property currently has an access road that was constructed as part of the Reservoir improvements in 2010. City staff and LPAC agreed that if the fence were to be relocated to the surveyed property boundary, it would interfere with the access road (including its intended use to provide access to the City under the terms of the proposed exchange). Considering all the factors, staff feels that the best solution to resolve this boundary issue while preserving access to the two properties is to quit claim to LPAC the small 0.703 acre area south of the existing boundary fence in exchange for an access easement across the LPAC property. August 16, 2011 -2- ITEM 20 LPAC has agreed to the exchange. It also has agreed to pay the City an amount equal to fifty percent of the costs to survey and document the new property boundary. FINANCIAL / ECONOMIC IMPACTS Both the City property and LPAC property are located within floodway and floodplain areas. The future plans for both of these properties show they will be used for water storage, open space areas and recreation. Given this information, the estimated market value for both properties is estimated to be minimal. The value of the 0.703 acres of land to be conveyed to LPAC is approximately $3,500. NAP staff believes that the access easement being received in return is of greater value. Additionally, the access easement to the NAP from LPAC is highly beneficial, creating a safe and permanent access route across the LPAC parcel to the eastern portion of Arapaho Bend for maintenance, research and monitoring, and emergency access. The result is a net benefit to the NAP. LPAC has agreed to pay fifty percent of the survey costs, estimated to be approximately $1,000, associated with the transaction and grant the access easement across their property to the City. ENVIRONMENTAL IMPACTS Natural Resources staff has determined there are no negative environmental impacts that will occur as a result of this conveyance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On July 13, 2011, the Land Conservation and Stewardship Board voted unanimously to approve the recommendation that City Council approve an ordinance authorizing the conveyance of the 0.703 acre portion of City property to the Lower Poudre Augmentation Company via quit claim deed. ATTACHMENTS 1. City Property Conveyance Location Map 2. City and LPAC Property Detail Maps and Slides 3. Land Conservation and Stewardship Board minutes, July 13, 2011 MAIN INTERSTATE 25 COUNTY ROAD 38 DIXON KERN 5TH 4TH EXIT 265 3RD 2ND ENTER 265 WEITZEL HARMONY SUGAR EXIT 265 3RD INTERSTATE 25 ENTER 265 ¹ Arapaho Bend Natural Area - Lower Poudre Augmentation Co. Quit Claim Location Map Created by City of Fort Collins Natural Areas - 2011 Project Area Larimer County Existing Access Rd Existing Fence Reservoir Full Pool City of Fort Collins NA Boundary Parcels 0 125 250 500 Feet ATTACHMENT 2 Photopoint 1 Photopoint 2 ¹ Arapaho Bend Natural Area - Lower Poudre Augmentation Co. Quit Claim Detail Map Created by City of Fort Collins Natural Areas - 2011 Project Area Larimer County Existing Access Rd. Existing Fence Reservoir Full Pool City of Fort Collins NA Boundary Parcels 0 50 100 200 300 Feet ATTACHMENT 2 Photopoint 2 Photopoint 1 Arapaho Bend Northern Boundary Quit Claim Area Photopoint 1 ‐ View from NE corner of reservoir property, looking west. Existing Fenceline (Proposed Boundary) Quit Claim Area Existing Access Road Approx. Current Boundary ATTACHMENT 2 Arapaho Bend NA LPAC Property Arapaho Bend Northern Boundary Quit Claim Area Approx. Current Boundary Existing Fenceline (Proposed Boundary) Photopoint 2 ‐ View from NW corner of reservoir property, looking east. Existing Access Road ATTACHMENT 2 Quit Claim Area LPAC Property Arapaho Bend NA Attachment 3 Page 1 of 1 Excerpt - Land Conservation and Stewardship Board Wednesday, July 13, 2011 Arapaho Bend Quit Claim Deed • Figgs: Arapaho Bend is located along the Cache la Poudre River near I-25 and Harmony Road. The Lower Poudre Augmentation Company (LPAC) owns property to the south of the Arapaho Bend eastern parcel. A standard wire fence separates the two properties. A recent boundary survey revealed the fence separating the two properties was located to the north of the described property line. The fence has been in place for greater than 18 years and has been recognized by Natural Areas Program (NAP) as the boundary since the property was purchased. The NAP is seeking authorization to convey the 0.746 acre portion of property via a Quit Claim to LPAC to clear up this discrepancy in the deeds, in exchange for an access easement to be granted to the City by LPAC. • Mitchell: What is the cost of the survey? • Figgs: The cost will be around $1,000. • Grooms: Are there access roads all ready? What do you mean by LPAC granting the City access? • Figgs: The existing access to our property is off the I-25 north bound on ramp, which may not be legal. LPAC will grant us a legal access across their property on an existing road. • Knowlton: Are there fish in the pond currently? • Figgs: There will be. Timnath will build their portion of the Poudre trail along the edge of the reservoir, and it’s my understanding that LPAC will allow fishing access. Germany moved that the Land Conservation and Stewardship Board recommend that City Council approve an ordinance authorizing the conveyance of 0.746 acre portion of Arapaho Bend Natural Area to the Lower Poudre Augmentation Company. Grooms second. It was unanimously approved. ORDINANCE NO. 108, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY TO THE LOWER POUDRE AUGMENTATION COMPANY WHEREAS, the City is the owner of a parcel of land east of I-25 and north of Harmony Road as described in Exhibit “A”, attached and incorporated herein by reference (the “City Property”), which property is part of Arapaho Bend Natural Area; and WHEREAS, the Lower Poudre Augmentation Company (LPAC) is the owner of a parcel of land directly south of the City Property, as described in Exhibit “B”, attached and incorporated herein by reference (the “LPAC Property”); and WHEREAS, a recent boundary survey disclosed that the boundary fence between the City Property and the LPAC Property, which was constructed long before the City purchased the City Property in 2000, is located north of the actual property boundary line; and WHEREAS, the strip of property between the existing fence and the actual boundary line contains approximately 3/4 of an acre, and is described on Exhibit “C”, attached and incorporated herein by reference (the “Boundary Parcel”); and WHEREAS, if the City were to relocate the boundary fence it would interfere with improvements constructed on the LPAC Property; and WHEREAS, City staff is recommending that the boundary discrepancy be resolved by conveying the Boundary Parcel to LPAC by quitclaim deed in exchange for an access easement from LPAC to the City across the LPAC Property, which easement would facilitate the City’s access to the City Property; and WHEREAS, City staff has identified no negative environmental impacts resulting from the conveyance of the Boundary Parcel; and WHEREAS, at its regular meeting on July 13, 2011, the Land Conservation and Stewardship Board voted unanimously to recommend that the City Council approve the conveyance of the Boundary Parcel to LPAC; 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 conveyance of the Boundary Parcel to LPAC in exchange for an access easement across the LPAC Property is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to quitclaim the Boundary Parcel to LPAC on terms consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the property to be conveyed, as long as such changes do not materially increase the size or change the character of the property. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2011, and to be presented for final passage on the 6th day of September, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 6th day of September, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Exhibit “A” Page 1 of 1 City Property Description Parcel: 87340-00-902 Legal Description: POR OF FOL WHICH LIES E OF HWY I-25: COM AT NW COR 34-7-68, TH E ON SEC LN 486 FT TO CEN OF CACHE LA POUDRE RIVER; S 34 41 E 1605.5 FT; S 58 13 E 1177 FT; E 1560 FT TO E LN OF SW 1/4 OF NE 1/4; S ON SD LN 700 FT TO SE COR OF SD SW 1/4 NE 1/4; W 1/4 MILE TO CENTER OF SD SEC; S 1/2 MILE TO S 1/4 COR OF SD SEC; W 1/2 MILE TO SW COR OF SD SEC; N 1 MILE TPOB; EX HWY IN 824-141, 825-365, 1229-577, 1229-580, 1247-526, 1450-929, 864-491, 1726-668, 1733- 777; AND BEG AT NW COR 34-7-68, E ON SEC LN 486 FT, S 34 41' E 1605.5 FT, S 58 13' E 1177 FT, E 286.1 FT TPOB, N 32 26 E 286.2 FT, N 61 43 E 368.63 FT, S 57 2 E 445 FT, S 44 001/2 E 138.8 FT; TH S 69 51 E 215.49 FT; TH W 1150.19 FT TPOB LESS 20080065228 Exhibit “B” Page 1 of 1 Lower Poudre Augmentation Company Property Description Parcel: 87344-21-005 Legal Description: OUTLOT A, GATEWAY TIMNATH SUBDIVISION, TIM (20070061458)