HomeMy WebLinkAbout061 - 06/02/2015 - AUTHORIZING THE REPLACEMENT OF A NOTICE OF INTERIM TRAIL USE AND THE CONVEYANCE OR VACATION OF THE C ORDINANCE NO. 061, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE REPLACEMENT OF A NOTICE OF INTERIM TRAIL USE AND THE
CONVEYANCE OR VACATION OF THE CITY'S RIGHTS IN A PORTION OF PROPERTY
KNOWN AS THE RAILS-TO-TRAILS PROPERTY
WHEREAS, in December 1988 the Burlington Northern Railroad Company ("Railroad")
filed with the federal Interstate Commerce Commission ("Commission") a notice of intent to
abandon a four-mile section of its rail line right-of-way between milepost 75.00 and milepost
79.00 northwest of Fort Collins (the "Railroad Property"); and
WHEREAS, also in December 1988 the City filed with the Commission a statement
expressing its willingness to assume responsibility for the Railroad Property so that it could be
used for trail purposes under the National Trails System Act, 16 U.S.C. Sec. 1247(d) (the "Trails
Act"), and requesting issuance of a Notice of Interim Trail Use or Abandonment (NITU); and
WHEREAS, in January 1989 the Commission issued the NITU, which gave the City and
Railroad 180 days to enter into an interim trail use/railbanking agreement; and
WHEREAS, the NITU noted that the interim trail use/rail banking agreement would be
subject to the future restoration of rail service, and that if the City ever intended to terminate its
trail use, it must send the Commission a copy of the NITU and a request that it be vacated on a
specified date; and
WHEREAS, in July 1989 the City and Railroad entered into an Offer to Purchase and
Interim Trail Use/Railbanking Agreement ("Agreement"), which stated that the Railroad was
going to quitclaim to the City all of its right, title and interest to a portion of Railroad Property
between milepost 75 and milepost 77.83 (the "Rails-to-Trails Property") in exchange for a
payment of$30,873; and
WHEREAS, the Agreement stated that it and any subsequent conveyance or agreement
should be interpreted to conform to the Trails Act; and
WHEREAS, under the Trails Act, any interim trail use/railbanking agreements are
subject to the right of a railroad to reactivate its line in the future; and
WHEREAS, in 1990 the Railroad quitclaimed its interest in the Rails-to-Trails Property
to the City, reserving mineral rights, a communications easement and a right of first refusal; and
WHEREAS, In 1991 the City and Platte River Power Authority filed a case in Latimer
District Court (Case No. 91CV474-3) asking the court to determine who were the lawful fee
simple record owners of the possibility of reverter in the Railroad Property, so the City and Platte
River would know with whom to negotiate to acquire additional rights in the property for utility
projects; and
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WHEREAS, the court did determine the underlying fee owners for the length of the
Railroad Property and also held that, under the Trails Act, the Railroad retained ownership of the
railroad right-of-way and the City's interest was only an easement for trail purposes; and
WHEREAS, the City did not develop a trail on the Rails-to-Trails Property, opting
instead the build the Poudre Trail closer to the river; and
WHEREAS, in 1995 the Commission was abolished and its remaining functions were
transferred to the federal Surface Transportation Board (the "STB"); and
WHEREAS, a property owner whose land is burdened by the railroad right-of-way and
the City's rights in the Rails-to-Trails Property has asked the City to abandon its rights in the
Rails-to-Trails Property; and
WHEREAS, City Parks staff would prefer to be released from management obligations
for property that is not being used and will likely not be used by the City; and
WHEREAS, the portion of the Rails-to-Trails Property that staff would like to vacate is
described on Exhibit A, attached and incorporated herein by this reference (the "Vacation
Property"); and
WHEREAS, in order to replace the NITU and vacate the Vacation Property, staff
proposes to complete the following steps:
• Offer to convey the City's rights in the Vacation Property back to the Railroad, pursuant
to its right of first refusal, and complete such conveyance if the Railroad exercises that
right;
• Notify the STB,of the City's desire to terminate its use and ask that the NITU be vacated
on a particular date and replaced with a new NITU for the portions of the Rails-to-Trails
Property the City wishes to retain;
• If the Railroad does not exercise its right of first refusal, vacate any remaining rights in
the Vacation Property that the City may have received by virtue of the 1990 deed from
the Railroad; and
• If any of the adjacent property owners request it, execute quitclaim deeds to such
adjacent property owners further disclaiming any right the City may have in their
properties as a result of the deed from the Railroad; and
WHEREAS, the property owner who requested the vacation has agreed to pay a
processing fee of$1500 to cover staffs time working on the request; and
WHEREAS, Section 23-I11(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any and all interests in real property owned in the name of the
City, provided that the City Council first finds, by ordinance, that such sale or other disposition
is in the best interests of the City.
2
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 conveyance or vacation of the
City's interest in portions of the Rails-to-Trails property as described herein is in the best
interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Vacation Property to the Railroad or to vacate the City's rights in the
Vacation Property, and to quitclaim any remaining interest the City may have in such property to
adjacent property owners if requested.
Section 3. That the City Manager is hereby authorized to execute such documents as
are necessary to ask the Surface Transportation Board to vacate the existing NITU and replace it
with a revised NITU.
Section 4. That all conveyances and vacations pursuant to Sections 2 and 3 above
shall be on terms and conditions consistent with this Ordinance, together with such additional
terms and conditions as the City Manager, in consultation with the City Attorney, determines are
necessary or appropriate to protect the interests of the City, including, but not limited to, any
necessary changes to the legal description of the Vacation Property, as long as such changes do ,
not materially increase the size or change the character of the property interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 19th day of
May, A.D. 2015, and to be presented for final passage on the 2nd day of June, A.D. 2015.
OF pURT CO �- - -
�i; �tZ Mayor
ATTEST: // U SEAL EN
City Clerk
Passed and adopted on final reading on this 2nd day of June, A.D. 2015.
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ATTEST: �i '
664
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City Clerk FORA
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Exhibit "A"
Page 1 of 2
DESCRIPTION OF A PORTION OF THE TRAIL USE EASEMENT SET FORTH IN DECREE RECORDED
NOVEMBER 30, 1993 AT RECEPTION NO.93089982 TO BE VACATED
A TRACT OF LAND LOCATED IN SECTION 3,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.;
COUNTY OF LARIMER, STATE OF COLORADO; BEING THAT PORTION OF THE TRACT OF LAND DESCRIBED
IN EXHIBIT 3 OF THE DISTRICT COURT DECREE RECORDED NOVEMBER 30. 1993 AT RECEPTION NO.
93089982 LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF TAFT HILL ROAD;AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE LINE BETWEEN THE WEST QUARTER CORNER OF SAID SECTION 3 AND THE
NORTHWEST CORNER OF SAID SECTION 3,TO BEAR N00°41'45"E, AS REFERENCED IN THE DESCRIPTION
SET FORTH IN SAID EXHIBIT 3,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE SAID WEST QUARTER CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF NORTHWEST QUARTER OF SAID SECTION 3. N00°41'45"E, A DISTANCE
OF 983.13 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE FORMER COLORADO AND SOUTHERN
RAILROAD AS DETERMINED BY THE PRIOR LOCATION OF THE EXISTING RAILS AND FROM THE SAID
RAILROAD'S RIGHT OF WAY MAPS;
THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, S55°31'25"E, A DISTANCE OF 36.09 FEET TO A
POINT ON THE EAST RIGHT OF WAY LINE OF TAFT HILL ROAD.SAID POINT BEING THE POINT OF
BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING THREE (3)COURSES AND
DISTANCES:
1. S55°31'25"E, A DISTANCE OF 2,625.18 FEET;
2. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5,779.58 FEET AND AN ARC LENGTH OF
948.79 FEET, BEING SUBTENDED BY A CHORD OF S60-13'36"E FOR A DISTANCE OF 947.73
FEET;
3. S64°55'46"E, A DISTANCE OF 491.18 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF
THE EXISTING W.A.P.A. POWER LINE EASEMENT,THE INTERSECTION OF THE CENTER LINE OF
THE SAID RAILROAD RIGHT OF WAY WITH SAID NORTHWESTERLY RIGHT OF WAY LINE OF THE
W.A.P.A. POWER LINE EASEMENT IS AT APPROXIMATE RAILROAD MILE POST 75.82:
THENCE ALONG THE SAID NORTHWESTERLY RIGHT OF WAY LINE OF THE POWER LINE EASEMENT.
N75°33'35"E, A DISTANCE OF 157.18 FEET;
THENCE ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD THE FOLLOWING THREE (3)
COURSES AND DISTANCES:
1. N64°55'46"W,A DISTANCE OF 612.44 FEET;
2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5,679.58 FEET AND AN ARC
LENGTH OF 93237 FEET, BEING SUBTENDED BY A CHORD WHICH BEARS N60'13'36"W FOR A
DISTANCE OF 931.33 FEET:
3. N55°31'25"W,A DISTANCE OF 2,692.08 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
TAFT HILL ROAD, THE INTERSECTION OF THE CENTER LINE OF THE SAID RAILROAD RIGHT OF
WAY WITH SAID EAST RIGHT OF WAY LINE OF TAFT HILL ROAD IS AT APPROXIMATE
RAILROAD MILE POST 76.61;
THENCE ALONG SAID EAST RIGHT OF WAY LINE, S00°41'45"W, A DISTANCE OF 120.31 FEET TO THE POINT
OF BEGINNING.
CONTAINING 415,113 SQUARE FEET(9.530 ACRES), MORE OR LESS.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO
THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION.
I COLORADO FOR AND ON BEHHALFOF THECIITY OFFORT COLL R
INS P.L.S. 3116900 EG�SA`c
P.O. BOX 580, FORT COLLINS, CO 80522
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EXHIBIT OF
PORTION OF TRAIL USE EASEMENT SET FORTH IN DECREE RECORDED
NW COR. NOVEMBER 30, 1993 AT RECEPTION NO. 93089982 TO BE VACATED
SEC 3-7-69
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