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HomeMy WebLinkAbout007 - 01/19/2021 - AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT OF TRANSPORTATION OF VARIOUS PROPERTY INTEREST ORDINANCE NO. 007, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT OF TRANSPORTATION OF VARIOUS PROPERTY INTERESTS ON CITY-OWNED PROPERTY AT RUNNING DEER NATURAL AREA, ARCHERY RANGE, AND ARAPAHO BEND NATURAL AREA TO BE USED AS RIGHT-OF-WAY FOR INTERSTATE 25 AND RELATED FACILITIES WHEREAS, the City is the owner of property located north of Harmony Road on both sides of I-25 known as Arapaho Bend Natural Area, as well as two properties located north of Harmony Road on the west side of I-25 known as the Archery Range and Running Deer Natural Area(all three collectively referred to hereafter as the "Properties"); and WHEREAS, the Colorado Department of Transportation (CDOT) is continuing work on its expansion of I-25 from four lanes to 6 lanes near Fort Collins, which will include building a new bridge over the Poudre River and relocating the Port of Entry ("POE") (the "Project"); and WHEREAS, to keep the Project on schedule, CDOT has urgently requested that the City give it access rights to begin construction activities on portions of the Properties; and WHEREAS, specifically, CDOT is requesting the City convey to it the following property interests, as more particularly described in Exhibits "A" through "H", attached hereto and incorporated herein by reference (the"Property Interests"): On Arapaho Bend Natural Area: A. 18,321 sq. ft. (0.421 acres), more or less, of permanent right-of-way ("ROW") for Poudre River bridge construction; On Running Deer Natural Area: B. 88,611 sq. ft. (2.034 acres), more or less, of ROW for widening I-25 and POE relocation; C. 109,406 sq. ft. (2.512 acres), more or less, of ROW for relocating frontage road; D. 308 SF (0.007 acres) more or less, temporary easement("TE") for construction access on the north end of RDNA; E. 4,969 SF (0.114 acres) more or less, including a portion on Archery Range, TE for realigning entrance to Archery Range F. 1,600 SF (0.037 acres), more or less, TE for realigning access road to Arapaho Bend G. 599 SF (0.014 acres), more or less, TE for drainage inlet construction -1- H. Conveyance back to CDOT of any access rights the City has from the Properties directly onto the I-25 ROW; and WHEREAS, the final legal descriptions of the Property Interests may vary slightly from what is shown on the Exhibits, but the total area of each Property Interest should remain approximately the same; and WHEREAS, based on appraisals of the Property Interests, the total value of the Property Interests has been determined to be$75,000; and WHEREAS, CDOT will also pay the City $3,000 for the Right-of-Way Request Application Fee and a Restoration Fee of$516; and WHEREAS, the new Poudre River bridge will span across the entire river channel and provide ample width for a wildlife corridor and for the Poudre Trail to pass under the bridge; and WHEREAS, at its regular meeting on December 9, 2020, the Land Conservation and Stewardship Board recommended that the city Council approve the conveyance of the Property Interests to CDOT; and WHEREAS, Section 23-111(a)of the City Code authorizes the City Council to sell,convey or otherwise dispose of any interest in real property owned by 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. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the Property Interests to CDOT as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute the deeds or other instruments necessary to convey the Property interests to CDOT, and the City Manager is authorized to execute such other documents related to the property conveyances described herein as may be necessary, all 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 such Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021 and to be presented for final passage on the 19th day of January, A.D. 2021 c:: Mayor ATTEST: e `�' C-da Passed and adopted on final reading on this 19th day of January, A.D. 2021. ':::I . Mayor ATTEST: FORT Co. . :y City cl O -- " SEAL .coiaaP°° i