HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2018 - FIRST READING OF ORDINANCE NO. 065, 2018, AUTHORIZAgenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY May 1, 2018
City Council
STAFF
Dan Gulley, Real Estate Specialist II
Daylan Figgs, Senior Environmental Planner
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado Department of
Transportation of Various Property Interests on City-Owned Property at Arapaho Bend Natural Area.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of two permanent right-of-way easements, one
temporary construction easement, and a triangle strip of land on Arapaho Bend Natural Area to the Colorado
Department of Transportation (CDOT).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Arapaho Bend Natural Area is located primarily north and west of the Harmony Road and I-25 intersection,
with a portion of Arapaho Bend on the east side of the highway. CDOT is gearing up to widen I-25, to
accommodate increased traffic flows and replace the bridge over the Poudre River. CDOT is currently
acquiring right-of-way (ROW) along both sides of the highway for many miles for the project. This is anticipated
to be an “ultimate buildout”.
CDOT is requesting two permanent easements and one temporary construction easement from the City for the
highway expansion and bridge replacement. Natural Areas would like to give CDOT, via a quit claim deed, a
narrow triangle strip of land located on the east side between I-25 and Walmart. This parcel was acquired as
part of a larger parcel of land, but due to its configuration and location, the strip is a nuisance for staff to
maintain, has no financial value and no value to Natural Areas (see attachments). Staff has negotiated with
CDOT to take ownership of the triangle parcel as part of the overall transaction. Natural Areas has also
negotiated mitigation funds to replant trees and grass as needed after construction. All restoration activities
and mitigation negotiations are in line with the Natural Areas Resource Protection Standards. As a part of the
bridge replacement, CDOT will coordinate the construction of the Poudre River Trail under the bridge with the
City to provide the long-awaited trail connection to Timnath and ultimately Windsor and Greeley.
Permanent ROW Needed:
1. ROW 256 (West Side) - 1.439 acres
2. ROW 257 (East Side) - 1.451 acres
Agenda Item 11
Item # 11 Page 2
Temporary Easements Needed:
1. Temporary Construction Easement - 0.421 acres
ROW/TE 257 (East Side)
CITY FINANCIAL IMPACTS
Natural Areas will be compensated for the negotiated value of the land, as well as the value of tree loss. All
impacts and anticipated mitigation have been negotiated to recover damages and restore the area at no costs
to the City.
Total ROW and Easement Compensation = $44,613
Total Tree and Seed Mitigation Compensation = $68,650
Total overall compensation from CDOT = $113,263
BOARD / COMMISSION RECOMMENDATION
At its April 11, 2018, meeting, the Land Conservation Stewardship Board voted to recommend City Council
approve the conveyance of two permanent easements, one temporary construction easement, and quit claim a
triangle strip of land to CDOT.
ATTACHMENTS
1. Location Map (PDF)
2. Survey Map (PDF)
3. Survey Map-Detailed View (PDF)
4. Land Conservation and Stewardship Board, April 11, 2018 (PDF)
City of FC owned “Triangle”
Vicinity of CDOT East
Easement Area
Vicinity of CDOT West
Easement Area
Location Map
ARAPAHO BEND RIGHT-OF-WAY
AND EASEMENTS ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
Land Conservation & Stewardship Board
April 11, 2018
Minutes Excerpt
Easement Request for Interstate Right-of-Way across Arapaho Bend Natural Area
Daylan Figgs, Environmental Program Manager and Dan Gulley, Real Estate Specialist,
presented an easement request for permanent right of way, temporary construction and to quit
claim a small, isolated strip of land remaining within the right of way to Colorado Department of
Transportation (CDOT). The easement request and quit claim deed are all located within
Arapaho Bend Natural Area. Daylan reminded the Board members the easements had been
discussed during the March LCSB and no changes to CDOT’s request had been made since that
presentation.
Daylan reported that NAD would remain in contact with CDOT to make sure restoration is
completed and efforts are made to focus on habitat connectivity via the new bridge and
underpass.
Marcia Patton-Mallory made a motion that the LCSB recommend that City Council
approve CDOT’s request for permanent right of way, temporary construction easement
and a quit claim deed on Arapaho Bend Natural Area.
Raymond Watts seconded the motion.
The motion was approved 6-2.
ATTACHMENT 4
-1-
ORDINANCE NO. 065, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT
OF TRANSPORTATION OF VARIOUS PROPERTY INTERESTS ON
CITY-OWNED PROPERTY AT ARAPAHO BEND NATURAL AREA
WHEREAS, the City is the owner of property located north of Harmony Road on both
sides of I-25 known as Arapaho Bend Natural Area (the “City Property”); and
WHEREAS, the Colorado Department of Transportation (CDOT) has requested from the
City two permanent right-of-way easements (“Easements”) and a temporary construction
easement (“TCE”) on the City Property as part of the planned expansion of I-25 (the “Project”);
and
WHEREAS, the two Easements are described on Exhibits “A” and “B” and the TCE is
described on Exhibit “C”, all attached and incorporated herein by this reference; and
WHEREAS, CDOT has agreed to pay the City $44,613 for the Easements and TCE, as
well as $68,650 to compensate for trees that will be lost and for reseeding; and
WHEREAS, the City has also negotiated to convey to CDOT, by quitclaim deed, a
narrow, triangle-shaped strip of the City Property located between I-25 and the Timnath Wal-
Mart, as more particularly described on Exhibit “D”, attached and incorporated herein by
reference (the “Triangle Parcel”); and
WHEREAS, the Triangle Parcel is a portion of a larger parcel acquired by the City as
part of the City Property, but due to its location and configuration, it has negative value to the
Natural Areas Program as it provides no benefit, but costs money to maintain; and
WHEREAS, having CDOT take over ownership and maintenance of the Triangle Parcel
would be a benefit to the City; and
WHEREAS; as part of the Project, CDOT will also construct a trail under the existing
bridge to allow the City to make a trail connection from the west side of I-25 to the east side,
facilitating future expansion of the City’s trail system; and
WHEREAS, City staff has determined that the value to the City of having the trail
constructed, and no longer having to maintain the Triangle Parcel, is worth more to the City than
the Triangle Parcel; and
WHEREAS, at its regular meeting on April 11, 2018, the Land Conservation and
Stewardship Board voted to recommend conveying the Easements, TCE and Triangle Parcel to
CDOT; and
-2-
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by 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 makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the Easements,
TCE and Triangle Parcel to CDOT as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute the deeds necessary to
convey the property interests to CDOT, and the City Manager is authorized to execute such other
documents related to the property conveyances as may be necessary, all 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
description of such 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 1st day of
May, A.D. 2018, and to be presented for final passage on the 15th day of May, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of May, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT "A"
PROJECT NUMBER: IM 0253-255
PARCEL NUMBER: RW-256
PROJECT CODE: 21506
DATE: May 15, 2017
DESCRIPTION
A tract or parcel of land No. RW-256 of the Department of Transportation, State of Colorado
Project No. IM 0253-255 containing 62,699 sq. ft. (1.439 acres), more or less, in the west half of
Section 34, Township 7 North, Range 68 West, of the 6th Principal Meridian, in Larimer County,
Colorado, also being a portion of the tract of land described in a deed recorded August 25, 2009,
at Rec. No. 20090059093 in the records of the Clerk and Recorder’s office, in Larimer County,
Colorado, said tract or parcel being more particularly described as follows:
Commencing at a point, whence the South Quarter corner of said Section 34 (being a 3-¼”
aluminum cap, stamped COLO DEPT OF TRANSPORTATION, PLS NO 24307, T7N R68W, S
¼ 34, S3, T6N R68W, POINT NO 306, 2000), bears S. 25º44’44” E., a distance of 846.56 feet,
said point being on the west right of way line of Interstate 25 (May 2017), said point also being
the TRUE POINT OF BEGINNING;
1. Thence N. 0°50'29" W., a distance of 978.51 feet;
2. Thence N. 8°28'19" W., to the said west right of way line, a distance of 943.36 feet;
3. Thence along said west right of way line, S. 12°45'50" E., a distance of 231.36 feet;
4. Thence continuing along said west right of way line, on the arc of a curve to the right, a
radius of 5,565.00 feet, a central angle of 10°35'01", a distance of 1,027.96 feet, (a chord
bearing S. 7°28'20" E., a distance of 1,026.50 feet);
5. Thence continuing along said west right of way line, S. 2°10'50" E., a distance of 554.26
feet;
6. Thence continuing along said west right of way line, S. 24°37'32" W., a distance of
125.62 feet, more or less, to the TRUE POINT OF BEGINNING.
The above described parcel contains 62,699 sq. ft. (1.439 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of
N. 0º05’56” W. (a distance of 2,642.71 feet), from the said South Quarter corner of Section 34 to
the Center Quarter corner of said Section 34 (being a 3-¼” aluminum cap, stamped NORTHERN
ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823), as obtained from a Global Positioning
System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN).
Prepared by:
Kevin Williams P.L.S 28294
For and on the behalf of AECOM
6200 South Quebec Street
Greenwood Village, Colorado 80111
EXHIBIT "%"
PROJECT NUMBER: IM 0253-255
PARCEL NUMBER: RW-257
PROJECT CODE: 21506
DATE: May 15, 2017
DESCRIPTION
A tract or parcel of land No. RW-257 of the Department of Transportation, State of Colorado
Project No. IM 0253-255 containing 63,191 sq. ft. (1.451 acres), more or less, in the Northwest
Quarter of Section 34, Township 7 North, Range 68 West, of the 6th Principal Meridian, in
Larimer County, Colorado, also being a portion of the tract of land described in a deed recorded
June 15, 2000, as Rec. No. 2000040027 in the records of the Clerk and Recorder’s office, in
Larimer County, Colorado, said tract or parcel being more particularly described as follows
Commencing at a point, whence the Center Quarter corner of said Section 34 (being a 3-¼”
aluminum cap, stamped NORTHERN ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823),
bears S. 89º41’36” E., a distance of 120.21 feet, said point being on the south line of said
Northwest Quarter, said point also being the TRUE POINT OF BEGINNING;
1. Thence along said south line, N. 89°41'36" W., to the east right of way line of Interstate
25 (May 2017), a distance of 133.14 feet;
2. Thence along said east right of way line, N. 12°45'50" W., a distance of 613.18 feet;
3. Thence continuing along said east right of way line, N. 72°24'00" E., a distance of 77.91
feet;
4. Thence continuing, N. 72°24'00" E., a distance of 50.17 feet;
5. Thence S. 12°56'44" E., a distance of 136.65 feet;
6. Thence S. 77°03'16" W., a distance of 55.36 feet;
7. Thence S. 12°56'44" E., a distance of 330.96 feet;
8. Thence N. 77°03'16" E., a distance of 55.36 feet;
9. Thence S. 12°56'44" E., a distance of 186.47 feet, more or less, to the TRUE POINT OF
BEGINNING.
The above described parcel contains 63,191 sq. ft. (1.451 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of
N. 0º06’28” W. (a distance of 2,670.69 feet), from the said Center Quarter corner of said Section
34 to the North Quarter corner of Section 34 (being a 3-¼” aluminum cap, stamped T7N R68W,
¼ S27----S34, 1996, LS 25384), as obtained from a Global Positioning System (GPS) survey
based on the Colorado High Accuracy Reference Network (CHARN).
Prepared by:
Kevin Williams P.L.S 28294
For and on the behalf of AECOM
6200 South Quebec Street
Greenwood Village, Colorado 80111
EXHIBIT "&"
PROJECT NUMBER: IM 0253-255
TEMPORARY EASEMENT NUMBER: TE-257
PROJECT CODE: 21506
DATE: May 15, 2017
DESCRIPTION
A Temporary Easement No. TE-257 of the Department of Transportation, State of Colorado
Project No. IM 0253-255 containing 18,321 sq. ft. (0.421 acres), more or less, in the Northwest
Quarter of Section 34, Township 7 North, Range 68 West, of the 6th Principal Meridian, in
Larimer County, Colorado, also being a portion of the tract of land described in a deed recorded
June 15, 2000, as Rec. No. 2000040027 in the records of the Clerk and Recorder’s office, in
Larimer County, Colorado, said Temporary Easement being more particularly described as
follows:
Commencing at a point, whence the Center Quarter corner of said Section 34 (being a 3-¼”
aluminum cap, stamped NORTHERN ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823),
bears S. 41º36’40” E., a distance of 243.92 feet, said point also being the TRUE POINT OF
BEGINNING;
1. Thence S. 77°03'16" W., a distance of 55.36 feet;
2. Thence N. 12°56'44" W., a distance of 330.96 feet;
3. Thence N. 77°03'16" E., a distance of 55.36 feet;
4. Thence S. 12°56'44" E., a distance of 330.96 feet, more or less, to the TRUE POINT OF
BEGINNING.
The above described Temporary Easement contains 18,321 sq. ft. (0.421 acres), more or less.
The purpose of the above-described Temporary Easement is for the construction of a bridge.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of
N. 0º06’28” W. (a distance of 2,670.69 feet), from the said Center Quarter corner of said Section
34 to the North Quarter corner of Section 34 (being a 3-¼” aluminum cap, stamped T7N R68W,
¼ S27----S34, 1996, LS 25384), as obtained from a Global Positioning System (GPS) survey
based on the Colorado High Accuracy Reference Network (CHARN).
Prepared by:
Kevin Williams P.L.S 28294
For and on the behalf of AECOM
6200 South Quebec Street
Greenwood Village, Colorado 80111
EXHIBIT "'"
PROJECT NUMBER: IM 0253-255
PARCEL NUMBER: RW-256A
PROJECT CODE: 21506
DATE: April 6, 2018
DESCRIPTION
A tract or parcel of land No. RW-256A of the Department of Transportation, State of Colorado
Project No. IM 0253-255, in the west half of Section 34, Township 7 North, Range 68 West, of
the 6th Principal Meridian, in Larimer County, Colorado, also being a portion of the tract of land
described in a deed recorded August 25, 2009, at Rec. No. 20090059093 in the records of the
Clerk and Recorder’s office, in Larimer County, Colorado, said tract or parcel being more
particularly described as follows:
All that part of the southwest quarter of Section 34, Township 7 North, Range 68 West of the
Sixth Principal Meridian, County of Larimer, State of Colorado, lying east of the East Right of
Way line of Interstate Highway 25 (March 2018).
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of
N.0º05’56” W. (a distance of 2,642.71 feet), from the said South Quarter corner of Section 34 to
the Center Quarter corner of said Section 34 (being a 3-¼” aluminum cap, stamped NORTHERN
ENGINEERING, T7N R68W, C ¼ S34, 2012, LS 14823), as obtained from a Global Positioning
System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN).
Prepared by:
Stan Vermilyea P.L.S 25381
For and on the behalf of AECOM
6200 South Quebec Street
Greenwood Village, Colorado 80111