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Home My WebLink About079 - 07/02/2019 - AUTHORIZING EXECUTION OF A DEED OF DEDICATION TO THE CITY OF LOVELAND FOR THE EXTENSION OF ROCKWELLORDINANCE NO. 079, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EXECUTION OF A DEED OF DEDICATION TO THE CITY OF LOVELAND FOR THE EXTENSION OF ROCKWELL AVENUE ACROSS JOINTLY OWNED CITY AND CITY OF LOVELAND PROPERTY AT THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 196..3, the City of Fort Collins ("City") and the City of Loveland Loveland") (collectively; the "Cities") established a regional general aviation facility and became the joint owners and operators of the Northern Colorado Regional Airport(the"Airport"); and WHEREAS; the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22,2015, as amended (the "IGA"); and WHEREAS, in connection with development of real property adjacent to the Airport, the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property and wishes to acquire the City's fee interest in a portion of a jointly owned parcel of land consisting of 1.3 acres in size,more specifically described on Exhibit"A",attached hereto and incorporated herein by reference(the"Dedication Parcel") for right-of-way purposes; and WHEREAS, the Dedication Property wilLserve as a planned extension of Rockwell Avenue, benefitting the Airport and the City as a joint owner, allowing a secondary access point into the Airport from the north,and reducing the Cities' future obligations to extend the initial 700 foot portion of the road for access; and WHEREAS, City Code Section 23-111 provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that such sale or disposition serves a bona fide public purpose because it meets the five criteria set forth therein; and WHEREAS, Council determines that conveyance of the City's fee interest in the Dedication Parcel to Loveland for right-of-way purposes without requiring Loveland pay compensation to the City serves a bona fide public purpose of providing a portion of the planned expanded access to the Airport,which will enable further development of Airport property jointly owned by the City because the initial 700 foot extension of Rockwell Avenue thereon will,: 1) promote the health, safety or general welfare and benefits a significant segment of the citizens of Fort Collins by enhancing the accessibility,developability and value of the Airport owned and operated jointly by the City; 2) support one (1) or more of the City Council's goals, adopted policies, projects or plans; specifically the 2007 Airport Master Plan that depicts the eventual extension of the roadway to serve future Airport development on jointly-owned property; I- 3) provide financial support that is leveraged with other funding or assistance, specifically funding of construction costs by the developer and maintenance and upkeep of the right-of--way by the City of Loveland; 4) not result in any direct financial benefit to any private person or entity, except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served, specifically construction cost for this portion of the extension will be solely borne by the developer while benefiting the jointly-owned Airport property, the developer, the public, and the Cities; and 5) not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions of responsibilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That City Council hereby makes any and all determinations and findings contained in the recitals set forth, and specifically finds that the conveyance of the Dedication Parcel is in the best interests of the City, serves a bona fide public purpose and meets the requirements of City Code Section 23-111 for the reasons set forth therein. Section 2. That the City Council hereby authorizes the Mayor to execute such documents of conveyance as are necessary to convey the Dedication Parcel to the City of Loveland upon the terms and conditions described above, and subject to such other terms and conditions as the City Manager, in consultation with the City Attorney,determines are in the best interest of the City. Introduced, considered favorably on first reading; and ordered published this 4th day of June, A.D. 2019, and to be presented for final passage on the 2nd day of July, A.D. 2019. Mayor Pro Tern ATTEST: OF FORTc City ClOk u'• SEAL<'" cO ORP00 2- Passed and adopted on final reading on the 2nd day of July, A.D. 2019. Mayor ATTEST: pfORro'•. 4Z SEAL City c 3- EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF DEDICATION PARCEL PROPERTY DESCRIPTION Public Rigi t-of-Way Being part of Tract B of Barnstorm 2nd Addition as recorded August 12, 1086 as Reception No. 86044345 of the Records of Latimer County,located in the Southeast Quarter(SE 1/4)of Section Twenty-eight(28);Township Six North(T.M),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6th P.M.),City of Loveland,County of Latimer,State of Colorado and being more particularly described as follows: BEGINNING,at the East Quarter comer of said Section 29 and assuming the North line of said SE 1/4 as hearingNorth 87'33'44"West being a Grid Hearing of 01e Colorado.State Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2635.84 feet with all other bearings contained herein relative thereto; THENCE along the east line of said SE 1/4,South 00°OT44"West a distance of 80.06 feet to a line parallel with and 80.00 feet South of,as measured at a right angle to the North line of said SE 1/4; THENCE along said parallel line,North 87033'44"West,a'distance of 706.10 feet; THENCE North 02026'16"East a distance of 80:00 feet to said North line of Section28; THENCE along North line,South 87033'44"East a distance of 802.87 feet to the POINT OF BEGINNING. Said described parcel of land contains 56,359 Square Feet or 1.294 Acres,more or less(#),and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYORS STATEMENT 1,Paul B.Groves,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. O pDO llCF 0 .. 0 N1 E 329 ro ass.••• • F=d• Jea i0'YAl A14 Paul B.Groves-on behalf of King Surveyors Colorado Licensed Professional Land Surveyor#38209 KING SURVEYORS 650 East Garden Drive Wuidsor,Colorado 80550 976)686.5011 11:120170864TESCRIPr10NS120170860 ROW.doe Pogo i or 2 RIGHT—OF—WAY EXHIBIT EXHIBIT A SE 1/4. SEC. 28, T.6N., R.66W. PAGE 2 OF 2 1 Wiz! I I I 100 50 0 160 I I I 1" = 100' POINT OF BEGINNING E 1/4 COR.SEC. 28. TAN.. R.68W. LINE TABLE 89 PUBLIC LINE BEARING LENGTH RIGHT-OF-WAY 56,359 sq.ft.Ll SOO.07.44-W 80.06' 1294 acres L2 NOn6'l6-E '80.00' INTERSTATE m c LANDHOLDINGS REC201110659iiil g NOTE: This exhibit drawing is not intended to be a amonumentedlandsurvey. Its sole purpose is as a graphic representation to old in the visualization of R the written property description which it accompanies. The written property description rN z supersedes the exhibit drawing. 2RACTB BARMMRM 2NDADDJMN NOTICE: According,to Colorado low you must REC86asa345 commence any legal action based upon any defect In this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. W.N2012)m Tf N 1ir m 2 L2 Y'p00 Up NFq,. 3 NP tr I2 NgANp CENTER 1/4 Paul e. Groves — On Behalf Of King Surveyors COR. Colorado Licensed Professional ISEC. 28, T.M. Lend Surveyor #38209 jjR.68W' KING SURVEY0Rs PROJECT N0:20176864 650 E.Garden Drive I Windsor.Colorado 80550 DATE:4/5/2019 phone:(970)686-5011 I fax:(970)686.5821 CLIENT:SANDERSON STEWART DWG:20170864 ROW entail:contact@KingSurveyors.dom DRAWN:DR§ CHECKED:PBG