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HomeMy WebLinkAbout115 - 07/15/2025 - VACATING THE CITY'S PROPERTY RIGHTS IN A RAILROAD EASEMENT AT 3842 REDMAN DRIVE, FORT COLLINSORDINANCE NO. 115, 2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING THE CITY'S PROPERTY RIGHTS IN A RAILROAD EASEMENT AT 3842 REDMAN DRIVE, FORT COLLINS A.The City's Natural Areas Department manages approximately 60 acres of -land along the Cooper Slough near 1-25 including 36 acres along Vine Drive and another 24 acres just off Mulberry Street/Highway 14 (the "Parcels"). The Parcels are bifurcated by a 31-acre property owned by Super Vacuum Manufact uring Co., Inc. and Bonfire, LLC (the "Super Vac Property"). As a result of acquiring one of the Parcels, the City acquired a railroad easement on the Super Vac Property, over which the City could build a railroad spur line (the "Easement"). The Easement is shown in Exhibit A, attached hereto and incorporated herein by this reference. B.Super Vacuum Manufacturing Co., Inc. and Bonfire, LLC seek to expand their facilities on the Super Vac Property, which are used to build emergency ventilation products, particularly for firefighting. To do that, the Super Vac Property must be cleared of conflicting property interests. The Easement conflicts with Super Vacuum Manufacturing Co., lnc.'s and Bonfire, LLC's expansion plans. C.City staff advise that the Easement is of no benefit to the City. No railroad spur exists on the Easement and the City has no intention of building a railroad spur on the Easement. Further, City staff have estimated the fair market value of the Easement at zero dollars ($0). In the interest of eliminating unused and unusable property intere sts held in the name of the City, and to cooperate with Super Vacuum Manufacturing Co., Inc, and Bonfire, LLC, the City is willing to vacate its interest in the Easement without compensation. D.To eliminate an unusable and unnecessary encumbrance on the Super Vac Property, the City, through this Ordinance, vacates its Easement on the Super Vac Property. The form of the Vacation of Easement Agreement with its terms and conditions is shown on Exhibit B, attached hereto and incorporated herein by this reference. The Super Vac Property is described on Exhibit A to the Vacation of Easement Agreement. E.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. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City Council finds that granting the Vacation of Easement Agreement on the terms and conditions described herein is in the best interests of the City. -1- EXHIBIT B TO ORDINANCE NO. 115, 2025 STATEOFCOLORADO ) ) ss. COUNTY OF____ ) The foregoing instrument was acknowledged before me this_ day of _____ � 2025, by __________ , as ________ of Bonfire, LLC. WITNESS my Hand and Official Seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF____ ) Notary Public The foregoing instrument was acknowledged before me this __ day of _____ , 2025, by _______ , as _______ of CITY OF FORT COLLINS, COLORADO. WITNESS my Hand and Official Seal. My commission expires: Notary Public 4 EXHIBIT B TO ORDINANCE NO. 115, 2025 EXHIBITC Benefiting Parcel: Beginning at a point which bears S. 00' Io· 15" W. 843.34 feet from the North quarter corner of Section 9, Township 7 N01th, Range 68 West of the 6th P.M., and run thence N. 86 °09'50" E. 44.88 feet; thence N. 29"44'50" E. 332.10 feet; thence N. 36'15'50" E. 73.55 feet; thence N. 45 °27'40" E. 201.56 feet; thence N. 01'27'50" E. 311.14 feet; thence S. 88 °32'10" E. 1447.88 feet to the Westerly right of way line ofTnterstate Highway 25; thence along said Westerly Line, S.01 '27'50" W. 11.86 feet; and again S. 82'50'30" E. 423.70 feet, and again S. 13°33 • E. 632.00 feet, and again S. 00'06' E. 600.00 feet, and again S. 01 '58'30" W. 423.94 feet; thence N. 89'45'25" W. 2409.46 feet; thence N. 00'10'15" E. 926.48 feet to the point of beginning, County of Larimer, State of Colorado. 7