HomeMy WebLinkAbout131 - 12/06/2016 - DECLARING CERTAIN CITY-OWNED PROPERTY AS ROAD RIGHT-OF-WAY FOR TIMBERLINE ROADORDINANCE NO. 131, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY AS
ROAD RIGHT-OF-WAY FOR TIMBERLINE ROAD
WHEREAS, the City owns certain parcels of property located at the southwest corner of
Timberline Road and Prospect Road identified by the Larimer County Assessor as parcel
numbers 87191-00-928, 87191-00-918, 87191-00-917, (the "City Property'); and
WHEREAS, on January 7, 2014 the City Council adopted on second reading Ordinance
No. 181, 2013, declaring a portion of the City Property as road right-of-way; and
WHEREAS, as part of the process of constructing the ultimate road improvements for the
Timberline Road and Prospect Road intersection as contemplated by the Building on Basics
ballot language, the City needs to use an additional portion of the City Property for the new road
improvements; and
WHEREAS, in order to establish a public record that a portion of the City Property,
described as Tract B, Community Recycle Center Subdivision, is intended for use by the City as
right-of-way and related improvements, including without limitation 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 such property to be right-of-way; and
WHEREAS, converting 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; and
WHEREAS, Section 23-1 11(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 interest 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 declares that Tract B, Community Recycle
Center Subdivision shall constitute right-of-way for Timberline Road and related improvements,
including without limitation 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 interest of the City.
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Section 3. That 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 in accordance with Article II Section 7 of the City Charter.
Introduced, considered favorably on first reading, and ordered published this 15th day of
November, A.D. 2016, and to be presented for final passage on the 6th day of December, A.D.
2016.
DAL
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on the 6th day of December, A.D. 2016.
TORT o
U OSEAL C`
Mayor
ATTEST:
cOLoft
vV
City Clerk
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