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HomeMy WebLinkAbout165 - 11/03/2025 - DECLARING CERTAIN CITY-OWNED PROPERTY AT FOSSIL CREEK WETLANDS NATURAL AREA AS A RIGHT-OF-WAYORDINANCE NO. 165, 2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS DECLARING CERTAIN CITY-OWNED PROPERTY AT FOSSIL CREEK WETLANDS NATURAL AREA AS A RIGHT-OF-WAY A.Immediately south of Trilby Road, just west of Timberline Road, lies the City's 229-acre Fossil Creek Wetlands Natural Area (the "Property''). B.Fossil and Stanton Creeks run through the Property. Where Fossil Creek flows under Trilby Road there is an underpass, a bridge, and trail infrastructure. In addition, there are two easements along Trilby Road, a South Fort Collins Sanitary District easemen t and a Platte River Power Authority easement. C.The City seeks to replace the bridge ov er Fossil Creek (the "Project"), permitting future road, bicycle, and pedestrian infrastructure. The Project is also one element of the City Stormwater Utility's comprehensive stream rehabilitation along Fossil and Stanton Creeks. The existing culvert under Trilby Road is structurally deficient and blocks fish passage and stream habitat connectivity. The Project will restore passage for native fish and macroinvertebrates and connect a so on-to-be restored reach of Fossil Creek (slated for Fall 2025/early-2026) to an upstream reach slated for restoration in the next few years. D.The Project will use 8,890.61 square feet of the Property as permanen t right of way (the "ROW Parcel"), shown in the attached Exhibit A. Real Estate Services staff completed a Comparative Market Analysis to derive the value of the right-of-way decl aration at $8,891. E.The financial value of the ecological benefits of the Project's stream restoration work to the Property far exceed the monetary value of the ROW. Accordingly, the City's Natural Areas program is receiving a financial benefit for the ROW declaration. F.In order to establish a public record that the ROW Parcel is intended for use by the City as right-of-way for a public roadway and related improvements, including 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 the ROW Parcel to be right-of-way. G.Converting a piece of property owned by the City in fee simple to right- of-way constitutes a conveyance of an interest in the property, as doing so creates certain public rights in the property that would not otherwise exist on City-owned property. H.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 ordina nce, that such sale or other disposition is in the best interests of the City. -1- 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 hereby declares that the real property described on Exhibit A shall constitute right-of-way at Trilby Road, just west of Timberline Road, and may be used for related improvements, including for 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 2. 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. Introduced, considered favorably on first reading on October 21, 2025, and approved on second reading for final passage on November 3, 2025. ATTEST: �� Cityci Effective Date: November 13, 2025 Approving Attorney: Ted Hewitt Exhibits: Exhibit A -ROW Parcel Mayor Pro T em -2- EXHIBIT A TO ORDINANCE NO. 165, 2025 DESCRIPTION OF PROPERTY OWNED BY THE CITY OF FORT COLLINS TO BE DECLARED AS RIGHT OF WAY A TRACT OF LANO TO BE DECLARED AS RIGHT OF WAY, LOCATED IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORAD O; BEING A PORTION OF THAT PARCEL OF LANO DESCRIBED IN THE PUBLIC TRUSTEE'S DEED RECORDED JANUARY 28, 1994 AT RECEPTION NO. 94008973 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 TO BEAR N89°08'02"E, SAID LINE BEING MONUMENTED ON ITS WEST ENO BY A 3" ALUMINUM CAP STAMPED LS 12374, AND ON ITS EAST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, N89°08'02"E, A DISTANCE OF 1,842.56 FEET; THENCE S00°51'58"E, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH AIGHT-OF­ WAY LINE OF TRILBY ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°08'02"E, A DISTANCE OF 214.40 FEET; THENCE S44 °18'14"W, A DISTANCE OF 73.76 FEET; THENCE S89°08'02"W, A DISTANCE OF 127.55 FEET; THENCE N34°27'46"W, A DISTANCE OF 62.43 FEET TO THE POINT OF BEGINNING. CONTAINING 8,891 SQUARE FEET (0.204 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE ANO CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. JOHN STEVEN VON NIEOA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\TRILBY ROAD AT FOSSIL CREEK\Legals\Trilby-Fossil Ck ROW revised.docx ll) N 0 N I!") (0 ..-c:i z LU u z c,:: z 0 0::: 0 0 f- 4:'. f­ai I X LU EXHIBIT OF PROPERTY OWNED BY THE CITY OF FORT COLLINS TO BE DECLARED RIGHT OF WAY POINT OF CO MMENCE MENT NORTHWEST COR., SEC. 18, T6N, R68W, FOUND 3" ALUM. MON. IN RANGE BOX, STAMPED LS 12374 TRILBY R D. (BASIS Of BEARINGS) N89"08'02"E 2616.53' 1842.56' S0"51 '58"E 30.00' POINT OF BEGINNING CITY OF FORT COLLINS PER PUBLIC TRUSTEE'S DEED, REC. NO. 94008973 THIS EXHIBliS SOLE INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEANED IN C.R.S. 38-51-102. IN THE EVENT OF DISCREPANCIES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION SHOULD BE RELIED UPON. NORTH QUARTER COR., SEC. 18, T6N, R68W, FOUND 2 1 /2" ALUM. CAP IN RANGE BOX, STAMPED LS 17497 --�--- R.O. W PER ROAD BK 4, PG 108 N AUGUST 14, 2025 1 "=40'