HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/21/2014 - FIRST READING OF ORDINANCE NO. 150, 2014, VACATINGAgenda 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.
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)
ATTACHMENT 1
- 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