HomeMy WebLinkAbout097 - 07/06/2004 - AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 16 ACRES OF CITY PROPERTY AND RELATED TEMPORARY EASEMENT ORDINANCE NO. 097, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
APPROXIMATELY 16 ACRES OF CITY PROPERTY
AND RELATED TEMPORARY EASEMENTS
TO THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR USE FOR A NEW PUBLIC REST AREA
IN EXCHANGE FOR APPROXIMATELY 22 ACRES OF LAND
AND RELATED ACCESS EASEMENTS
WHEREAS, the City of Fort Collins owns a +/-16.024 acre tract of land located to the
south of the Colorado Welcome Center, on Prospect Road near Interstate 25, which tract of land
is a portion of Running Deer Natural Area and is more specifically described on Exhibit "A"
attached hereto and incorporated herein by this reference (the "New Rest Area Property"); and
WHEREAS, the Colorado Department of Transportation ("CDOT") owns a +/-22.61 acre
parcel located on the west side of and along Interstate 25 just north of where the Cache La
Poudre River crosses under the Interstate, which parcel is adjacent to Arapahoe Bend Natural
Area and is more specifically described on Exhibit `B" attached hereto and incorporated herein
by this reference (the "Old Rest Area Property"); and
WHEREAS, CDOT has proposed the development of a new public rest area on the City
Property to replace the rest area currently located on the Old Rest Area Property; and
WHEREAS, in order for the development of the new public rest area to proceed, the
exchange of these properties, and the conveyance of related easements and access rights will be
required; and
WHEREAS, CDOT has requested from the City a twenty (20) foot wide Temporary
Access Easement on adjacent City land in Running Deer Natural Area to the south of the New
Rest Area Property in the location depicted on Exhibit "C" and incorporated herein by this
reference (the "Temporary Access Easement'); and
WHEREAS, CDOT has requested from the City a Temporary Construction Easement on
adjacent City land in Running Deer Natural Area to the south of the New Rest Area Property and
depicted on Exhibit "D" attached hereto and incorporated herein by this reference, to be legally
described at the time of conveyance based on survey information (the "Temporary Construction
Easement'); and
WHEREAS, CDOT has agreed to convey to the City, in exchange for the foregoing
property interests, a twenty (20) foot Permanent Access Easement for access through the New
Rest Area Property to Running Deer Natural Area for the purpose of operations and
maintenance, in the location depicted on the aerial view map attached hereto as Exhibit "E" and
incorporated herein by this reference, to be legally described at the time of conveyance based on
survey information (the "City Access Easement'); and
WHEREAS, in addition, for access to the old Rest Area Property CDOT and the City are
in the process of negotiating an additional permanent access easement from the owner of
property adjacent to the Old Rest Area Property in the location depicted on the aerial view map
attached hereto as Exhibit "F" and incorporated herein by this reference, to be legally described
at the time of conveyance based on survey information (the "Additional City Access
Easement"); and
WHEREAS, in addition, for access to the Old Rest Area Property, CDOT and the City
are in the process of negotiating a Permanent Crossing Agreement and Access Easement from
Omni Trax acting on behalf of the Great Western Railroad to allow the City to access the Old
Rest Area Property for maintenance and management of that property across adjacent railroad
right-of-way, in the location depicted in the aerial view map attached as Exhibit "F"' (the
"Railroad Access"); and
WHEREAS, by separate ordinance, the Council has also considered the approval of an
amendment to the Mining and Reclamation Agreement between the City and LaFarge North
America, Inc., and dated April 24, 2000, related to mining on the Running Deer Natural Area
property (formerly known as a portion of the Resource Recovery Farm), in order to allow the
transactions described herein to proceed; and
WHEREAS, the City's Real Estate Services staff has determined that the property
interests described above to be exchanged are of roughly equivalent fair market value; and
WHEREAS, City staff has determined that the development of a new rest area facility in
close association with the Colorado Welcome Center will be of significant importance to the
people of Fort Collins and the State of Colorado; and
WHEREAS, City staff has determined that the Old Rest Area Property, once it is restored
by CDOT to its natural state and added to the Arapahoe Bend Natural Area, will be of significant
value to the people of Fort Collins and the State of Colorado; and
WHEREAS, Section 23-111 of the City Code 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 any sale or disposition of that real property
interest will be for the benefit of the City's citizens, and will be in the best interests of the City;
and
WHEREAS, it is the desire of the City Council to authorize the foregoing conveyances as
herein described.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby finds that the above-described conveyance of
the New Rest Area Property, the Temporary Access Easement and the Temporary Construction
Easement by the City to CDOT in exchange for the Old Rest Area Property and the City Access
Easement will be for the benefit of the City's citizens and is in the best interest of the City.
Section 2. That the Mayor is hereby authorized to execute such deeds and other
documents of conveyances and agreements as may be necessary to carry out the terms of the
above-described exchange, including the acceptance of the various access easements and rights
herein described, contingent upon the approval of Ordinance No. 098, 2004, authorizing the
amendment of the above-referenced Mining and Reclamation Agreement.
Introduced, considered favorably on first reading, and ordered published this 15th day of
June, A.D. 2004, and presented for final passage on the 6th day of July, A.D. 2004.
Mayor
ATTEST;
1
City Clerk
Passed and adopted on final reading this 6th day of July, A. D. 2004.
Mayor
ATTEST:
n
City Clerk'
EXHIBIT "A"
DATE: May 26, 2004
Sheet 1 of 2
LEGAL DESCRIPTION
A tract or parcel of land containing 698, 020 square feet,
more or less, in the NE 1/4 of Section 21, Township 7
North, Range 68 West, of the Sixth Principal Meridian, in
Larimer County, Colorado, said tract or parcel of land
being more particularly described as follows:
Commencing at a point on the south and west right-of-way
lines of the west frontage road, shown as point number 502
on the Right-of-Way Plans of Colorado Department of
Transportation Project IR 025-3 (89) , sheet 5; from which the
east 1/4 corner of Section 21 bears S48016' 30"E, a distance
of 2004 . 85 feet; said point being the True Point of
Beginning:
1 . Thence S 17042152" W, a distance of 60 . 00 feet;
2 . Thence S 89058143" W, a distance of 620. 00 feet;
3 . Thence N 41054149" W, a distance of 421. 10 feet;
4 . Thence N 48005111" E, a distance of 798 . 84 feet;
5 . Thence N 00030' 56" E, a distance of 42 . 29 feet to a
point on the southerly line of that parcel as recorded
in Reception No. 97026804 and 2001012592 of the Larimer
County records, said point also being the northwest
corner of that access parking easement as recorded in
Reception No. 2001012591 of the Larimer County Records;
6. Thence N 88040135" E, along the southerly line of said
parcel a distance of 527 . 98 feet to the west right-of-
way line of said west frontage road;
7 . Thence along said right-of-way line, along a non-
tangent curve to the right, whose radius is 532 . 961 ,
long chord bears S 3036114" W, 259. 83' , an arc distance
of 262. 47 feet to a point of tangency;
CODOCUMENTS AND SETTINGS\KCRANGLE.FAC_NT\LOCAL SET7INGS\TEM"ARCEL2I.DOC
EXHIBIT "An
DATE: May 26, 2004
Sheet 2 of 2
8 . Thence continuing along said right-of-way line, S
17°42 ' 52" W, a distance of 613 . 89 feet, more or less to
the Point of Beginning;
Said described parcel of land containing 698, 020 Square
Feet, 16. 024 Acres, more or less.
Reserving unto the Grantor a twenty foot (20' ) wide access
easement to be determined and described upon completion of
construction of the new rest area on this site.
Basis of Bearings: All bearings in this description are
based upon the east line of the NE 4 of Section 21, Township
7 North, Range 68 West, as monumented on the north by a PK
nail in the bridge deck and on the south by a #4 rebar and
cap, as bearing N 00013120" E and having a distance between
of 2636. 30 feet.
This legal description was prepared by me based upon
drawings and recorded documents and does not reflect the
results of a new and separate field survey.
C:\DOCUMENTS AND SETTINGS\KCRANGLE.FAC NT\LOCAL SET INGS\TEMPTARCEL2IDOC
-L ci-elr :5:a2 FRCS:ENG"�cP.TN4 3J3c5:P:to W:y'U iwJ )_cam: _. 1
! ',3 76 Page 112v8(31;2s8 set. I
jr•�j��, r' Loveland Circle-North I
Parcel No. 23-AR. E23 !
'fI PERMANENT EASEMENT
I
f
YII INOW ALL 'MR BY THESE PRESENTS, Thai the DEPARTtfEiT OF CAKE. FISH
' and PARRS, STATE OF COLORA00. hereihafter called the Grantor, tar and in
ieonwideratien of the num of ONE DOLLAR (S L,00) and other valuable Com-
aiderstion to it in hand paid by the Oepscteene of Nighvsys. Scare of
51 Colorado• hereinafter called the Crantee, reeeigr of which to hereby
acknowicd End, has gtvee and granted, and by these presmcn doe. hcrenv
61 give and grant unto the said Grantee, a Perpetual Easement on. alnnt,
over and across the following described prontaes, to-wit: I
7i
A Bract or parcel of land Po. 23'411t aE peparemnc of Highways S es u:
5.I of Colorado, Project No, y. 25-3(31)258 containing Z2.62 acres, more wr
leas, In the Nick of Section 34,.TeaLShip 7 North, Range 68 Vest• of the I+
9, Sixth Prihctpal Meridian, in Larimer Century, Colorado, said tracr or par- !
eel being nowt particularly described an followa:
to II
Beginning as, a point an the north LLhe of Section 34, T. 7 N._ R. '
111 68 W., from which the W career of Section 34 bases N. 59' 49' W. , a d! !
canoe of 1.507.8 feet:
12iL_ Thence along the north Ilwc of Section 36, N. 89' 45' N. , w dtc- !
canoe of -1,02L.4 fear to the property line; !
Thence along the property line S. 34' 41' E., a distance of t•nc5 /
1 ' feet;
3. Thence along the property line S. 58' 13' P., w dlatawte of 260_:_.
15� feet: _ !
u thence along the property line S. 44' 21' E_. a dra[inee of 4.;
iai� feet;
5_ Thence along the property line S. L2' 34' E., a distance of 259.>
y7I 6_ Thence along the property 11" S. 74' 33' E., a distance of 11.'
!j to the westerly righc of way line of S_H. 185 (Feb. 1963);
-.- Thence along the wraterLy right of Vay line of S.R. 185 (rrb, t.v
H. L2' 34' W., a distance of 622.7 feet;
191 R. Thence H. 42' 48' W., a distance of 202.6 feet;
9. 'llhapee N. 12' 34' V_, a distance of 450.0 feet;
201 10. Thence N. 12' 32' 30" E., a distance of 193.3 feet;
I 11. Thence N_ 12' 18' 30" V., a disease. of 400.0 feet; '
21 12. Thence N. 15' 10' W_, a distance of 248.3 face, are or lean, c=
the point of begiwaiog_
22 The above described parcel contain. 22.62 acres, vane a. leas• of
23 0.70 acme are Ln the right of uny of the present road.
241 Subjeor to a rexmancne Eaaeoent Et23, to Lewis Oanoelo and Cloc La
0anneia, their successors and assign, for Me purpose of construction a,t
25� onirtename, of an irrigation ditch. Said essesw_nt is described no £ollc..
26I BegLffiSnp, At a point on the north line of Section 34• T. 7 H., a. m-
j of the Sixth Principal Meridian, in Lariner County. Colorado, 'to. .4L1.
271I NW earner of Section 34 bears N_ A9' 49' L., a distance of 1.507,8 fete: '1%
S. 1S' 10' Z., a distance of 31.1 feet to the woutherly right of way 1:n-
28fi` the County Road• which in the ccue point of beginning,
291 1. -rmnee N. 694 49' N_, along said right of way, a distance at
!� 1.008.7 feet;
Z. '!hence S. 34' 41' E., a diet once of 24.4 feet;
3_ Thcm,,, S. 09' 49' Z. n diseases, of I COO.3 feet, to ch. wa..ecci :
=iL right of say line of State ittghuay, 19-1
:+GI' ra' 'h 'dm
J V_
ts
ZL
we
i
I
t RdUbirtl.: Page 2 of 2
it 2 25-3c11)258 Sec. 1
11.
Lowland Cirela-Hutch
} Pavmonant Easestnr Parcel We. 23-AR
�i 4- Thence H. 15' 10' W.. a distance of 20.7 feet, score or leas, r.•
the paint of beginning_
the above described parcel contains 0.66 ¢teas mere or {eaa.
4 The &bow easement shall Geminate at meth time a it aewaes to ba
used for irrigation ditch purposes for 24 mosrble or longer.
For the purpose of constructing and maintaining &-'Road-aide Pari. .,
6�I Rea Area, iecludtng drlvevays, parking areas, landscaping, rheltere,
ute cables, drinking water soppl Les,publit rest rooms sad arbor faeill—
7 for the c&cfaa,c and con.e.Leoe. oC highway users.
a Lt to a condition of Chia easement that the Granree will keep aoi:
,presetwo to a sightly and saaitaTy condleLon, and will we permit the at
9�I coaulacion of cresh, rubbish or refuse thereon.
10ii IN WITNESS WHEREOF the Grantor has caused these presents Cc bit cxer%,,
by ira Director, duly authorized herein, Chia L•r%: day of n,
I! A.D., 1966.
i2I
Department of Game, rich and ;z:k-
'3 STATE OF COLORADO
14
15 Hy
6 airy . Woodward., Direecor
=ATE 07'COLORADO ) as
CITY AND COUNTY OF REN9ER )
�a
'_9 The above Lustrummr ems'act rouledged before me by Harry R. Woodeau;,
20
Director, Department of Coe, pi 4 wand parka. Stets of Colorado_
WStnesa my hand and offiet, sesl this 1,7A day of
21 A. D., 1966.
2223 i1
Ny coamlaston expires Y :0011131=12R expfres ltavamL•tr 14, l9Si
24 1/
ZSi (/Notary pphlit
26'
271
z
G91�1 I
JCI
) i
1
1
1
i
i
1
71 MWME, �#
ddd �yk
d $ F ~, tY p
t
t iF
v �
k 4
9
y
YYy
y t
s
x
aft _ $CT� ii�i Y!
N
e 1111 io
e
2 'n
G2
g
F s pppGYfyyy%�y„ �U z
E O �y �yym r I Im�PCS WNv n
/O'� A L CO
'G j ,' �YT• - • I I m�.tr W �j
COL
VI IP4 0 V O
C IV <nn
i
x G4 � avO W� B \ $ i
w O O ><r4 � z `� i
E-4 W 3 a PQ
F a _ ` •�%d $
Z E-4 o
w = %
E-4 U)
LY L) tog
2
U
I c II
_N y I ��i F
;� I I �
=fig
4W n M1r Qi i._s x �, z riN tK z .Rn o) j R
,•-arm o o PO
PO
o r
„e77wt
„ r' f'
• r -iHe b.. �, � y0.y �tkr
� Yr
w
00,
T � A
// Wt
u'
xr
-
y
µna,
�
f
u i
��.n Y q t''.i� (J•t H.r
r� ¢
t
e
s p �
. i,
ter,
t
t y
Syr �a -lam yP Ta `hi F
i
•w, _�, of � �, ��� �.\... '�
s s y
-G L
JY �
{ T
� 7
J