HomeMy WebLinkAbout052 - 04/16/2024 - Approving the Conveyance of One Permanent Easement and One Temporary Construction Easement for the CORDINANCE NO.052,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE CONVEYANCE OF ONE PERMANENT EASEMENT
AND ONE TEMPORARY CONSTRUCTION EASEMENT FOR THE
CONSTRUCTION OF A PORTION OF PHEMISTER TRAIL ON CITY
PROPERTY TO COLORADO STATE UNIVERSITY
A.The City’s Gardens on Spring Creek property is comprised of 18.050 acres
and contains a portion of the City’s Spring Creek Trail,a multi-modal trail.
B.Colorado State University (“CSU”)seeks two easements (“the Easements”)
from the City on a portion of the Gardens on Spring Creek property,including one
temporary construction easement and one permanent easement to allow for the
construction,operation,and maintenance of a portion of the multi-modal Phemister Trail,
which allows for the connection of the Phemister Trail and the Spring Creek Trail.
C.The permanent easement consists of 13,120 square feet of City property
on the northern portion of the Gardens on Spring Creek,being comprised of two separate
areas (7,323 square feet and 5,797 square feet)separated by property owned by CSU.
D.The temporary construction easement consists of 26,944 square feet of City
property,being comprised of three separate areas (10,981 square feet,8,715 square feet,
and 7,248 square feet).Work within the temporary construction easement will mainly
include grading,regrading,and construction activities to support the trail and a bridge
over Spring Creek.
E.City staff estimates that the fair market value of the Easements to total
$15,159.
F.Section 23-111 of the City Code authorizes the City Council to dispose of
interests in real property owned in the name of the City provided that the City Council first
finds,by ordinance,that such disposition is in the best interests of the City.
G.Section 23-114 of the City Code authorizes the City Council to dispose of
interests in real property for less than fair market value provided that the City Council
determines that such disposition serves a bona fide public purpose.
H.City staff has recommended that the City grant the Easements at no cost to
CSU.The City Council concurs and determines that the disposition of this property
interest serves a bona fide public purpose in accordance with the requirements of Section
23-114 of the City Code because:
a.The Easements promote health,safety or general welfare and benefits a
significant segment of the citizens of Fort Collins because it allows for
expanded use of multi-modal trails available to the public;
b.The expansion of multi-modal trails supports City active modes goals;
above is
c.The financial support provided through the grant of the Easements to CSU
can be leveraged through benefits to the City’s cooperative relationship with
CSU;
d.The financial benefit to CSU is not substantial relative to the public purpose
of expanding the multi-modal trail system in the city;and
e.The grant of the Easements will not interfere with current City projects or
work programs,hinder workload schedules or divert resources needed for
primary City functions or responsibilities.
The City Council finds that granting the Easements to CSU as described
in the best interests of the City.
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 finds that granting the Easements to CSU on the
terms and conditions described herein is in the best interests of the City.
Section 2.The City Council authorizes the Mayor to execute such documents
as are necessary to convey the Easements to CSU 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 descriptions of the Easements,as long as such changes do not materially
increase the size or change the character of the interests to be conveyed.
Effective Date:April 26,2024
Approving Attorney:Ted Hewitt
Introduced,considered favorably on first reading on April 2,2024,and approved
on second reading for final passage on April 16,2024.
ATTEST:
Interim City Clerk
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