HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/16/2019 - RESOLUTION 2019-043 APPROVING THE EXCLUSION OF PROAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY April 16, 2019
City Council
STAFF
Josh Birks, Economic Health Director
John Duval, Legal
SUBJECT
Resolution 2019-043 Approving the Exclusion of Property from Rudolph Farms Metropolitan District Nos. 1-6.
EXECUTIVE SUMMARY
The purpose of this item is to approve the exclusion of a small parcel of real property from the boundaries of
the Rudolph Farms Metro District Nos. 1-6 (the Districts). The property to be excluded is to be acquired from
the current owners and used by the Colorado Department of Transportation (CDOT) for public right-of-way as
part of CDOT’s I-25/Prospect Road Interchange construction project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On March 6, 2018, the City Council adopted Resolution 2018-028 approving the Service Plan for the Districts.
The Service Plan includes exhibits that legally describe and depict in maps the Districts’ boundaries that
include 37.26 acres of land (the Districts’ Boundaries).
CDOT is currently seeking to acquire certain real property within and surrounding the Districts’ Boundaries to
be used as public right-of-way for CDOT’s I-25/Prospect Road Interchange construction project. A .29-acre
portion of this property currently overlaps with a portion of the Districts’ Boundaries, which property is legally
described and depicted in Exhibit A attached to the Resolution (the Overlapping Property).
Because the Overlapping Property will soon become CDOT property, the land owners and the Districts wish
to exclude it from the Districts’ Boundaries. To accomplish this, the Districts must do two things.
First, Section V.A.4. of the Service Plan requires the Districts to obtain from the City Council its resolution
approval of the exclusion. And second, if the Council grants its approval, the Districts must proceed to use
the exclusion process set out in the Special District Act found in Part 5 of Article 1 in Title 32 of the Colorado
Revised Statutes (the Exclusion Statutes).
The Council’s approval of this Resolution will therefore allow the Districts to pursue the process in the
Exclusion Statutes to exclude the Overlapping Property from the Districts’ Boundaries.
CITY FINANCIAL IMPACTS
This Resolution has no financial impact on the City.
Agenda Item 18
Item # 18 Page 2
BOARD / COMMISSION RECOMMENDATION
No engagement with boards or commissions has occurred regarding this Resolution.
PUBLIC OUTREACH
No public outreach has occurred regarding this Resolution.
ATTACHMENTS
1. Original Boundary Map (PDF)
2. Boundary Map (after boundary adjustment) (PDF)
PROSPECT ROAD
CENTER-SOUTH
SIXTEENTH CORNER
SECTION 15-T7N-R68W
CENTER CORNER
SECTION 15-T7N-R68W
WEST QUARTER CORNER
SECTION 15-T7N-R68W
SOUTH SIXTEENTH CORNER
WITNESS CORNER
SECTION 15-T7N-R68W
DISTRICT 1
43,560 sq.ft.
1.00 ac
SOUTHWEST CORNER
SECTION 15-T7N-R68W
SOUTH QUARTER CORNER
SECTION 15-T7N-R68W
INTERSTATE 25
DISTRICT 1
1,580,513 sq.ft.
36.28 ac
RUDOLPH FARMS
METROPOLITAN DISTRICTS 1 - 6
FORT COLLINS
COLORADO
ENGINEER ING
N O R T H E RN
DESCRIPTION
DRAWN BY
DATE PROJECT
1489-001
DRAWN BY SCALE EXHIBIT
B. Ruch
DATE
January 31, 2018
FORT COLLINS: 301 North Howes Street, Suite 100, 80521
GREELEY: 820 8th Street, 80631
970.221.4158
northernengineering.com
DISTRICT 1 AREA
BOUNDARY MAP
1" = 400' B-2
( IN FEET )
1 inch = ft.
400 0 400 Feet
400
A
ORIGINAL BOUNDARY MAP ATTACHMENT 1
PROSPECT ROAD
CENTER-SOUTH
SIXTEENTH CORNER
SECTION 15-T7N-R68W
CENTER CORNER
SECTION 15-T7N-R68W
WEST QUARTER CORNER
SECTION 15-T7N-R68W
SOUTH SIXTEENTH CORNER
WITNESS CORNER
SECTION 15-T7N-R68W
DISTRICT 1
43,560 sq.ft.
1.00 ac
SOUTHWEST CORNER
SECTION 15-T7N-R68W
SOUTH QUARTER CORNER
SECTION 15-T7N-R68W
INTERSTATE 25
DISTRICT 1
1,580,513 sq.ft.
36.28 ac
RUDOLPH FARMS
METROPOLITAN DISTRICTS 1 - 6
FORT COLLINS
COLORADO
E NGINEER ING
N O R T H E RN
DESCRIPTION
DRAWN BY
DATE PROJECT
1489-001
DRAWN BY SCALE EXHIBIT
B. Ruch
DATE
February 27, 2019
FORT COLLINS: 301 North Howes Street, Suite 100, 80521
GREELEY: 820 8th Street, 80631
970.221.4158
northernengineering.com
DISTRICT 1 AREA
BOUNDARY MAP
1" = 400' B-2
( IN FEET )
1 inch = ft.
400 0 400 Feet
400
moved 20
feet east
ATTACHMENT 2
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RESOLUTION 2019-043
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EXCLUSION OF PROPERTY FROM
RUDOLPH FARMS METROPOLITAN DISTRICT NOS. 1-6
WHEREAS, Title 32 of the Colorado Revised Statutes (“C.R.S.”) authorizes the
formation of various kinds of governmental entities to finance and operate public services and
infrastructure, including metropolitan districts; and
WHEREAS, on March 6, 2018, the City Council adopted Resolution 2018-028
Approving the Consolidated Service Plan for the Rudolph Farms Metropolitan District Nos. 1-6
(the “Service Plan”); and
WHEREAS, the Service Plan includes legal descriptions of the boundaries of each of the
Rudolph Farms Metropolitan District Nos. 1-6 (the “Districts”), as more particularly set forth in
Exhibits A-2, A-3, A-4, A-5, A-6 and A-7 of the Service Plan (the “Districts’ Boundaries”); and
WHEREAS, the Service Plan includes maps of the Districts’ Boundaries, as more
particularly set forth in Exhibits B-2 and B-3 of the Service Plan; and
WHEREAS, the Districts’ Boundaries currently consist of 37.26 acres of land; and
WHEREAS, the Colorado Department of Transportation (“CDOT”) is currently seeking
to acquire property within and surrounding the Districts’ Boundaries to be used as public right-
of-way (the “CDOT Property”); and
WHEREAS, a .29-acre portion of the CDOT Property currently overlaps with a portion
of the Districts’ Boundaries, as more particularly described in Exhibit A attached hereto and
incorporated herein by this reference (the “Overlapping Property”); and
WHEREAS, the fee owners of one hundred percent of the Overlapping Property desire to
exclude the Overlapping Property from the Districts’ Boundaries; and
WHEREAS, the Boards of Directors of the Districts (the “Boards”) desire to avoid any
overlap between the CDOT Property and the Districts’ Boundaries; and
WHEREAS, the Boards therefore wish to begin the exclusion process in the Special
District Act found in Part 5 of Article 1 in Title 32 of the Colorado Revised Statutes (the
“Exclusion Statutes”) to exclude the Overlapping Property from the Districts’ Boundaries; and
WHEREAS, Section V.A.4. of the Service Plan provides that before the Districts can
proceed to exclude the Overlapping Property from the Districts’ Boundaries under the Exclusion
Statutes, the City Council must approve such exclusion by resolution, which approval is not
considered under the Service Plan as a material modification; and
WHEREAS, the City Council finds that the exclusion of the .29-acre Overlapping
Property from the Districts’ Boundaries’ 37.26 acres of land on the basis that it will be acquired
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and used by CDOT as a public right-of-way is not a material modification of the Service Plan
and is beneficial to the public’s health, safety and welfare; and
WHEREAS, the City Council therefore wishes to approve the exclusion of the
Overlapping Property from the Districts’ Boundaries.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO, 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 approves, in accordance with Section V.A.4.
of the Service Plan, the exclusion of the Overlapping Property from the Districts’ Boundaries.
Section 3. That the City Council’s approval in this Resolution of the exclusion of the
Overlapping Property from the Districts’ Boundaries is being granted based on the
representations of the Districts’ representatives that such exclusion will hereafter be conducted
and finalize in accordance with all applicable requirements of the Exclusion Statutes.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
16th day of April, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBIT A