HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2016 - FIRST READING OF ORDINANCE NO. 131, 2016, DECLARINAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY November 15, 2016
City Council
STAFF
Kerri Allison, Real Estate Specialist II
Timothy Kemp, Civil Engineer III
SUBJECT
First Reading of Ordinance No. 131, 2016, Declaring Certain City-Owned Property as Road Right-of-Way for
Timberline Road.
EXECUTIVE SUMMARY
The purpose of this item is to declare Tract B of Community Recycle Center Subdivision, which is owned by
the City, as road right-of-way. The Timberline Road project is currently being constructed on the property The
City owns a parcel of property located at the southwest corner of Timberline Road and Prospect Road. In
2015, the City designed ultimate improvements for Timberline Road across a portion of the City’s property.
This Ordinance officially establishes this portion needed for Timberline Road on the City’s property as public
road right-of-way.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City owns a parcel of property located at the southwest corner of Timberline Road and Prospect Road.
The parcel is managed by the Engineering Department. In 2013, Council adopted Ordinance No. 181, 2013,
declaring a portion of the City-owned property as right-of-way. In 2015, the Engineering staff designed the
ultimate capital improvements per the Building on Basics (BOB) ballot language. The design required the road
to be further widened across the City’s property in order to install the “free right” turn from eastbound Prospect
Road to southbound Timberline Road. As such, staff requests the additional area of the ultimate improvement
of Timberline Road be declared as road right-of-way. Declaring this portion of the City property to be right-of-
way will allow it to be managed by the Engineering Department and subject to the laws, regulations and
policies applicable to rights-of-way, like the rest of Timberline Road.
CITY FINANCIAL IMPACTS
The project is funded through the Building on Basics (BOB) Intersection Funds from the voter-approved
quarter-cent sales tax. The project is defined as “Timberline Road - Drake Road to Prospect Road” from the
2005 ballot language. More specifically, the ballot language stated, “This project will expand Timberline Road
to four (4) lane arterial standards including travel lanes, sidewalks, bike lanes, landscaped medians, and other
necessary improvements. The project will include improvement to the Timberline/Prospect intersection and all
its approaches to add additional turn lanes.”
The total project budget is $4.5 M, which includes design, right-of-way and construction. One percent (1%) of
the total project budget has been dedicated to the Art in Public Places program.
Short and long term economic benefits of the reconstructed intersection will be realized by the following:
Agenda Item 10
Item # 10 Page 2
• Easing of traffic congestion resulting in reduced fuel consumption and improved air quality
• Decrease in accident and delay costs (as calculated per the Highway Safety Manual).
ATTACHMENTS
1. Location map (PDF)
E PROSPECT RD
S TIMBERLINE RD
MIDPOINT DR
±
City-Owned Property Declaration
of Right of Way Location Map
Right of Way Location
ATTACHMENT 1
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ORDINANCE NO. 131, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY AS
ROAD RIGHT-OF-WAY FOR TIMBERLINE ROAD
WHEREAS, the City owns certain parcels of property located at the southwest corner of
Timberline Road and Prospect Road identified by the Larimer County Assessor as parcel
numbers 87191-00-928, 87191-00-918, 87191-00-917, (the “City Property”); and
WHEREAS, on January 7, 2014 the City Council adopted on second reading Ordinance
No. 181, 2013, declaring a portion of the City Property as road right-of-way; and
WHEREAS, as part of the process of constructing the ultimate road improvements for the
Timberline Road and Prospect Road intersection as contemplated by the Building on Basics
ballot language, the City needs to use an additional portion of the City Property for the new road
improvements; and
WHEREAS, in order to establish a public record that a portion of the City Property,
described as Tract B, Community Recycle Center Subdivision, is intended for use by the City as
right-of-way and related improvements, including without limitation public utilities, pedestrian,
transit and bicycle access and improvements, landscaping, and such other related purposes as
may now or in the future be determined appropriate, staff recommends that the City Council
declare such property to be right-of-way; and
WHEREAS, converting property owned by the City in fee simple to right-of-way
constitutes a conveyance of an interest in the property, as doing so creates certain public rights in
the property that would not otherwise exist on City-owned property; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interests in real property owned by the City, provided the
City Council first finds by ordinance, that such sale or other disposition is in the best interest 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 makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby declares that Tract B, Community Recycle
Center Subdivision shall constitute right-of-way for Timberline Road and related improvements,
including without limitation public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and such other related purposes as may now or in the future be
determined appropriate, and hereby finds that such declaration is in the best interest of the City.
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Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes
effective in accordance with Article II Section 7 of the City Charter.
Introduced, considered favorably on first reading, and ordered published this 15th day of
November, A.D. 2016, and to be presented for final passage on the 6th day of December, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 6th day of December, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk