The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/20/2018 - SECOND READING OF ORDINANCE NO. 040, 2018, DECLARIAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY March 20, 2018 City Council STAFF Tawnya Ernst, Real Estate Specialist III Nicole Hahn, Civil Engineer II Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 040, 2018, Declaring Certain City-Owned Property at Arapaho Bend Natural Area as Road Right-of-Way. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 6, 2018, converts approximately 0.105 acres of Arapaho Bend Natural Area to road right-of-way. The City intends to construct road and intersection improvements, relocate utilities, and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and Americans with Disabilities Act (ADA) accessible sidewalk connections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 6, 2018 (w/o attachments) (PDF) 2. Ordinance No. 040, 2018 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 6, 2018 City Council STAFF Tawnya Ernst, Real Estate Specialist III Nicole Hahn, Civil Engineer II Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 040, 2018, Declaring Certain City-Owned Property at Arapaho Bend Natural Area as Road Right-of-Way. EXECUTIVE SUMMARY The purpose of this item is to convert approximately 0.105 acres of Arapaho Bend Natural Area to road right-of- way. The City intends to construct road and intersection improvements, relocate utilities, and fully signalize the intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and Americans with Disabilities Act (ADA) accessible sidewalk connections. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The road right-of-way/intersection project is being directed by the City Engineering Department. Signalization of the intersection and geometric improvements are needed to address additional traffic anticipated from the Harmony 23 development currently under construction at the southwest corner of Harmony and Strauss Cabin Roads. The development will construct the infrastructure improvements on the southern half of the intersection. Due to complexities on the north side of the intersection that were out of the project scope for the development, the City has partnered with the developer to complete the intersection improvements and ensure the ultimate buildout of the signal is installed. The project will be funded out of the Capital Expansion Fee program. Arapaho Bend Natural Area fronts both the northwest and northeast quadrants of the intersection. The City’s portion of the project is in the final design phase and is currently estimated to begin construction in April. A pedestrian crossing will be installed to connect residents south of Harmony to Arapaho Bend Natural Area and the Poudre River Trail. Engineering and Natural Areas staff are coordinating on signage to direct flow of pedestrian and vehicle traffic to the Natural Area and the Poudre River Trail. Two current light poles will be replaced with updated fixtures that will minimize light pollution while still providing safe passage for pedestrians. Light and Power Utility currently has facilities within the existing public right-of-way. Conduits have previously been stubbed to the site but Utilities delayed the remainder of its work to coordinate with Engineering on the intersection project. All facilities, except a 36-inch-steel manhole cover, will be below ground. The facilities will include two 10-foot x 10-foot vaults that serve as a junction vault for primary cables. The duct banks consist of 16 5-foot conduits and four 2-inch conduits. Utilities will be installing conduit, cable and vaults later this spring. The infrastructure will be used to provide electric capacity to the surrounding area. Also as a result of this intersection improvement, three existing aboveground electric power lines will be undergrounded. ATTACHMENT 1 Agenda Item 9 Item # 9 Page 2 Arapaho Bend was acquired in several transactions between 1995 and 2011. The property was acquired with City Natural Areas sales tax money. Natural Areas staff worked closely with Engineering to minimize impacts to the site and to identify opportunities to improve the ecological condition in this area. Engineering will conduct additional bird surveys to ensure avoidance of nests during construction. A wetland delineation of the site was conducted and all wetlands will be avoided. In addition, no trees will be removed. Existing street lamps will be upgraded to a more ecologically friendly design and existing overhead electric lines will be buried. Finally, all areas disturbed by construction activities will be restored to native vegetation. The area to be impacted by the project is dominated by smooth brome and will be re-seeded with native grass and wildflower seed mix. Rabbitbrush will be incorporated as well. In addition to ecological based activities, Engineering is working with Natural Areas to improve way finding from this intersection to the Poudre River Trail and to incorporate native vegetation into the urban design elements of the intersection. CITY FINANCIAL IMPACTS There is no financial impact to Natural Areas from this project. Engineering will pay the Natural Areas Department $1,558 ($0.34/square foot for 4,583.27 square feet) for the value of the right-of-way and reimburse Natural Areas for staff time involved in the project. BOARD / COMMISSION RECOMMENDATION At its February 14, 2018, meeting, the Land Conservation Stewardship Board unanimously voted to recommend City Council approve the dedication of road right-of-way for the Strauss Cabin intersection improvements. ATTACHMENTS 1. Vicinity Map (PDF) 2. Easment Utility Alignment (PDF) 3. Land Conservation and Stewardship Board minutes, February 14, 2018 (draft) (PDF) -1- ORDINANCE NO. 040, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AT ARAPAHO BEND NATURAL AREA AS ROAD RIGHT-OF-WAY WHEREAS, the City owns a parcel of property located at the northwest and northeast corners of the intersection of Harmony Road and Strauss Cabin Road known as Arapaho Bend Natural Area (the “Property”); and WHEREAS, the City’s Engineering Department is working on a project to signalize the intersection and make other improvements to accommodate additional vehicular and pedestrian traffic anticipated at the intersection due to new development (the “Project”); and WHEREAS, to accommodate the Project, Engineering is seeking to convert approximately .105 acres of the Property to road right-of-way; and WHEREAS, the portions of the Property to be designated as right-of-way are more specifically described on Exhibits “A-1” and “A-2”, attached hereto and incorporated herein by this reference; and WHEREAS, to establish a public record that this portion of the Property is intended for use by the City as right-of-way for a public roadway 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 such property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property; and WHEREAS, because the Property was purchased with dedicated Natural Areas tax proceeds, the Engineering Department will pay the Natural Areas Department $1,558 for the value of the portion of the Property being converted to right-of-way, and compensation for staff time spent on the Project; and WHEREAS, the Project will also benefit Natural Areas by installing a pedestrian crossing to connect residents living south of Harmony Road to the Property and signage to help direct pedestrian and vehicular traffic to the Property, undergrounding power lines that are currently overhead, and upgrading existing street lamps to a more ecological design; and WHEREAS, at its regular meeting on February 14, 2018, the Land Conservation and Stewardship Board voted to recommend that the City Council approve the dedication of road right- of-way for the Project; and -2- 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 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 declares that the real property described on Exhibits “A-1” and “A-2” shall constitute right-of-way for City streets 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 interests of the City. 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 6th day of March, A.D. 2018, and to be presented for final passage on the 20th day of March, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of March, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk C:\Users\idecker\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\82LFCSV8\20170728ROW-SE (002).doc Page 1 of 2 EXHIBIT A-1 PARCEL DESCRIPTION A parcel of land, being part of that parcel described in that Warranty Deed (WD) recorded January 23, 1995 as Reception No. 19950004228 of the Records of the Larimer County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Thirty-three (33), Township Seven North (T.7N.), Range Sixty- eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 33 and assuming the East line of the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of said Section 33 as bearing North 00°07’49” East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 1323.51 feet and with all other bearings contained herein relative thereto; THENCE North 00°07’49” East along said East line a distance of 150.00 feet; THENCE North 88°16’11” West a distance of 30.01 feet to the Southeast corner of said WD and the POINT OF BEGINNING; THENCE North 88°16’11” West along the South line of said WD and along the North Right of Way line of Harmony Road a distance of 43.11 feet; THENCE North 24°50’49” East a distance of 103.06 feet to the East line of said WD and to the West Right of Way line of Strauss Cabin Road; THENCE South 00°07’49” West along said East line a distance of 94.82 feet to the POINT OF BEGINNING. Said described parcel of land contains 2,043 Square Feet or 0.047 Acres, more or less (±). SURVEYOR’S STATEMENT I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. PRELIMINARY ___________________________________________________________ Steven Parks - on behalf of King Surveyors Colorado Licensed Professional Land Surveyor #38348 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011 C:\Users\idecker\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\82LFCSV8\20170728ROW-SW (002).doc Page 1 of 2 EXHIBIT A-2 PARCEL DESCRIPTION A parcel of land, being part of that parcel as described in that Quit Claim Deed (QCD) recorded August 25, 2009 as Reception No. 20090059093 of the Records of the Larimer County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Thirty-four (34), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 34 and assuming the West line of the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of said Section 34 as bearing North 00°07’49” East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 1323.51 feet and with all other bearings contained herein relative thereto; THENCE North 00°07’49” East along said West line a distance of 150.01 feet; THENCE South 89°32’39” East a distance of 30.00 feet to the Southwest corner of said QCD and to the POINT OF BEGINNING; THENCE North 00°07’49” East along the West line of said QCD and along the East Right of Way line of Strauss Cabin Road a distance of 204.36 feet; THENCE South 04°59’56” East a distance of 128.22 feet; THENCE South 10°19’41” East a distance of 43.18 feet; THENCE South 27°53’33” East a distance of 27.60 feet; THENCE South 89°32’39” East a distance of 20.71 feet; THENCE South 00°27’21” West a distance of 10.00 feet to the South line of said QCD; THENCE North 89°32’39” West along said South line and along the North Right of Way line of Harmony Road a distance of 52.93 feet to the POINT OF BEGINNING. Said described parcel of land contains 2,540 Square Feet or 0.058 Acres, more or less (±). SURVEYOR’S STATEMENT I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. ___________________________________________________________ Steven Parks - on behalf of King Surveyors Colorado Licensed Professional Land Surveyor #38348 KING SURVEYORS 650 East Garden Drive Windsor, Colorado 80550 (970) 686-5011