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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/04/2014 - SECOND READING OF ORDINANCE NO. 150, 2014, VACATINAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY November 4, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist Kurt Friesen, Director of Park Planning & Development SUBJECT Second Reading of Ordinance No. 150, 2014, Vacating a City Trail Easement and Any Associated Rights on Colorado State University Property Between Centre Avenue and Bay Road. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on October 21, 2014, vacates a trail easement, located between Centre Avenue and Bay Road, that was obtained from Colorado State University Research Foundation in 1979 (including any prescriptive rights that may exist). This segment of the Spring Creek trail was replaced with a new and superior alignment in 2013 from an additional trail easement obtained from Colorado State University and Colorado State University Research Foundation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, October 21, 2014 (w/o attachments) (PDF) 2. Ordinance No. 150, 2014 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY October 21, 2014 City Council STAFF Patrick Rowe, Real Estate Specialist Kurt Friesen, Director of Park Planning & Development SUBJECT First Reading of Ordinance No. 150, 2014, Vacating a City Trail Easement and Any Associated Rights on Colorado State University Property Between Centre Avenue and Bay Road. EXECUTIVE SUMMARY The purpose of this item is to vacate a trail easement, located between Centre Avenue and Bay Road, that was obtained from Colorado State University Research Foundation (CSURF) in 1979 (including any prescriptive rights that may exist). This segment of the Spring Creek trail was replaced with a new and superior alignment in 2013 from an additional trail easement obtained from Colorado State University (CSU) and Colorado State University Research Foundation. STAFF RECOMMENDATION Staff recommends the adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2013, the City obtained an easement for a new trail alignment from CSU and CSURF between Centre Avenue and Bay Road south of Prospect Road. This alignment replaced a previous trail easement that was obtained from CSURF in 1979, though a majority of the old trail was built outside of the area specified by the easement agreement. A different alignment was selected for the replacement trail in order to place the trail closer to Spring Creek and provide a superior connection to the Mason Trail. Additionally, the previous trail was constructed of asphalt and was inferior in its condition and size as compared to current City trail standards; thus the new trail provided an opportunity to reconstruct the trail according to current standards. In the course of replacing the previous 1979 trail, City staff agreed to seek the vacation of the City’s prior alignments, both the legal easement and the alignment as actually constructed (again, as the prior trail was not constructed within its easement). No utilities were permitted within the prior trail easement, thus none were notified of the proposed vacation. FINANCIAL / ECONOMIC IMPACTS There are no financial impacts associated with the vacation of this trail easement. Additionally, no consideration was paid for the replacement trail easements: only a nominal, $550 administrative charge was paid to CSU. ATTACHMENT 1 Agenda Item 13 Item # 13 Page 2 ENVIRONMENTAL IMPACTS There are no environmental impacts associated with the vacation of the trail alignments. ATTACHMENTS 1. Location Map (PDF) - 1 - ORDINANCE NO. 150, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A CITY TRAIL EASEMENT AND ANY ASSOCIATED RIGHTS ON COLORADO STATE UNIVERSITY PROPERTY BETWEEN CENTRE AVENUE AND BAY ROAD WHEREAS, in 1979 the CSU Research Foundation (“CSURF”) granted the City an easement for open space use, including installation and maintenance of bike and pedestrian trails (the “1979 Easement”), on property owned by CSURF between Centre Avenue and Bay Road (the “CSURF Property”); and WHEREAS, a copy of the 1979 Easement is attached and incorporate herein as Exhibit “A”; and WHEREAS, the City then constructed a section of the Spring Creek Trail on the CSURF Property, but most of the trail was built outside the 1979 Easement; and WHEREAS, in 2013 CSURF conveyed the CSURF Property to the Board of Governors of the Colorado State University System, acting by and through Colorado State University (“CSU”); and WHEREAS, in 2013, the City acquired a new trail easement from CSU and CSURF in a different location to provide a better connection between the Spring Creek Trail and the Mason Trail, and the old trail improvements were removed; and WHEREAS, the City has no further need for the 1979 Easement; and WHEREAS City staff is recommending that the 1979 Easement be vacated, and that the City also vacate and abandon any associated rights in the CSURF Property that the City may have acquired through construction of the former trail alignment outside the 1979 Easement; and WHEREAS, such vacation 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 1979 Easement, more particularly described on Exhibit “A”, is hereby vacated, terminated and abandoned, along with any easement or other property rights the City may have acquired through construction of the former trail alignment pursuant to the 1979 Easement but outside the area described in the 1979 Easement. Section 2. That the Mayor is hereby authorized to execute such documents as the City Manager, in consultation with the City Attorney, determines to be reasonable and appropriate to further document the vacation, termination and abandonment of the easement and other property rights as described in this Ordinance. - 2 - Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 4th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A