HomeMy WebLinkAbout023 - 03/03/1998 - AUTHORIZING THE SALE OF CITY-0WNED NATURAL AREA LAND AND RELATED EASEMENTS TO THE COLORADO DEPARTMEN ORDINANCE NO. 23, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OF CITY-OWNED NATURAL AREA LAND
AND RELATED EASEMENTS TO
THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR THE CONSTRUCTION OF THE HARMONY/1-25
TRANSPORTATION TRANSFER CENTER
WHEREAS, the City of Fort Collins is the owner of certain real property to the northwest
of the intersection of Harmony Road and Interstate 25, entitled the Arapaho Bend Natural Area, in
Fort Collins, Larimer County, Colorado (the "Natural Area"); and
WHEREAS, in connection with the development of a Transportation Transfer Center facility
at the interchange of Harmony Road and Interstate 25 (the "Project"), the Colorado Department of
Transportation ("CDOT") has offered to purchase a portion of the Natural Area closest to the
interchange totalling approximately eight(8) acres in size, more particularly described in Exhibit
"A", consisting of six (6) pages, attached hereto and incorporated herein by this reference (the
"Property"), in order to construct a portion of its Project on the Property; and
WHEREAS, in addition, in connection with the Project, CDOT has requested that the City
convey to CDOT two easements for the construction and maintenance of improvements related to
the Project over two additional parcels that are part of the Natural Area, which parcels total
approximately one-quarter of an acre and are more particularly described in Exhibit "B", consisting
of four (4) pages, attached hereto and incorporated herein by this reference (the "Easement
Property"); and
WHEREAS, City staff has worked extensively with CDOT on the design and planning for
the Project, and supports the construction of the Project as beneficial for the enhanced safety and
efficiency of the Harmony and Interstate 25 interchange area for all modes of transportation; and
WHEREAS, the sale of the Property and the proposed easements over the Easement
Property,the proceeds of which shall be used to reimburse the Natural Areas Fund, is consistent with
the objectives of the City's natural area policies and plans, and with the Council's intent in
purchasing the Property, as set forth in Resolution 95-7.. adopted January 3, 1995; and
WHEREAS, City staff is negotiating with CDOT a final total payment of no less than
$136,730 for the Property and Easement Property, along with related terms and conditions; and
WHEREAS,the sale of the Property and conveyance of the easements to CDOT is necessary
for the cost-effective development of the Project, and will result in a reimbursement to the Natural
Areas Fund of the cost associated with the purchase of the Project; and
WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is
authorized to dispose of any and all interests in real property owned in the name of the City,
provided that Council first finds that the proposed disposition of that property 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 proposed sale to CDOT of that Property more particularly described
on Exhibit"A", attached hereto, and incorporated herein by this reference, is in the best interest of
the City.
Section 2. That the City Manager is hereby authorized to negotiate and execute an
agreement conveying the Property to CDOT, which agreement shall be consistent with the terms
hereof and may contain such other provisions as the City Manager, in consultation with the City
Attorney, deems appropriate to protect the interests of the City.
Section 3. That the City Council hereby determines that the proposed conveyance to
CDOT of construction and maintenance easements over the Easement Property, as more particularly
described on Exhibit `B", attached hereto and incorporated herein by this reference, is in the best
interest of the City.
Section 4. That the City Manager is hereby authorized to negotiate and execute deeds
of easement conveying easements over the Easement Property to CDOT, which deeds of easement
shall be consistent with the terms hereof and may contain such other provisions as the City Manager,
in consultation with the City Attorney, deems appropriate to protect the interests of the City.
Section 5. That all proceeds from the sale of the Property shall be deposited in the
Natural Areas Fund, consistent with Ordinance No. 97, 1992, as approved by the registered electors
of the city on November 3, 1992.
Introduced, considered favorably on first reading, and or published this day of
February, A.D. 1998, and to be presented for final passage o,_wKe 3rd.elay of Ma A.D 998.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of Mar D. 1498
-- -'Mayor
ATTEST:
14U-ft� -V
City Clerk
EXHIBIT "A"
PROJECT NUMBER: IR-IM (CX) 025-3 (111)
PARCEL NUMBER: 3
PROJECT CODE: 91034
DATE: JULY 04 , 1997
LEGAL DESCRIPTION
A tract or parcel of land No. 3 of the Department of Transportation,
State of Colorado, Project No. IR-IM(CX) 025-3 (111) containing 0. 915 hectares
(2.261 acres) , more or less; being a portion of a parcel of land as described
at reception number 95004228 of the Larimer County Clerk and Recorder's
Office, lying in the SW 1/4 of Section 34, Township 7 North, Range 68 West, of
the Sixth Principal Meridian, in Larimer County, Colorado, said tract or
parcel being more particularly described as follows:
Commencing at the southwest corner of said Section 34, thence along the
southerly line of the southwest quarter of said Section 34 S 89' 46' 58" E, a
distance of 479.863 meters (1, 574 .35 feet) , thence departing said southerly
line N 00' 10' 02" E, a distance of 46.140 meters (151.38 feet) to a point,
said point being the southeast corner of the parcel of land as described at
reception number 95004228, said point also being on the northerly right-of-way
line of Colorado State Highway No. 68 as described in Book 1430, Page 397,
said point also being the true POINT OF BEGINNING;
1. Thence along the southerly line of said parcel of land and northerly right-
of-way line N 890 49' 58" W, a distance of 202.039 meters (662.86 feet) ;
2. Thence departing the southerly line of said parcel of land N 45' 52' 14" E,
a distance of 18. 613 meters (61.07 feet) ;
3. Thence N 00' 13' 02" E, a distance of 43. 566 meters (142. 93 feet) ;
4 . Thence N 89' 43' 58" E, a distance of 56. e89 meters (184 . 67 feet) ;
5. Thence S 86' 33, 08" E, a distance of 43. 484 meters (142. 66 feet) ;
6. Thence along the arc of a curve to the right, said curve having a central
angle of 26' 06' 03", an arc distance of 29.884 meters (98 .04 feet) , a
radius of 65. 600 meters (215.22 feet) and a chord bearing S 73' 30' 06" E,
with a chord distance of 29.626 meters (97 .20 feet) ;
7 . Thence S 60' 27 ' 05" E, a distance of 24 . 699 meters (81 .03 feet) ;
8 . Thence along the arc of a curve to the left, said curve having a central
angle of 29' 32 ' 55", an arc distance of 28. 055 meters (92 . 04 feet) , a
radius of 54 .400 meters (178. 48 feet) and a chord bearing S 75' 13' 32" E,
with a chord distance of 27 .745 meters (91 . 03 feet) ;
9. Thence S 90' 00' 00" W, a distance of 12 . � 77 meters (39. 95 feet) to a point
on an easterly line of said parcel of land;
10.Thence along said easterly line S 000 10' 02" W, a distance of 27. 095
meters (88 . 89 feet) to the true POINT OF BEGINNING.
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The above described tract or parcel contains 0. 915 hectares/ 9, 148.967 square
meters (2.261 acres/98, 479 square feet) , more or less.
BASIS OF BEARING: Being a line between CDOT control point No. 505 (M.P.
265.05) , a 3 1/4" diameter aluminum cap and CDOT control point No. 529 (M.P.
265.29) , a 3 1/4" diameter aluminum cap, said line bears N 02' 14 ' 57" W, a
distance of 397. 99 meters (1, 305.74 feet) , determined by a Global Positioning
Systems control survey, performed by CDOT. Said control points are standard
type 2 CDOT control monuments as shown on project right-of-way plans.
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DANIEL P. WILMETH P.L.S. #25384
For and on behalf of
J. E. Sato and Associates
5898 S. Rapp St.
Littleton, Co. 80120
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PROJECT NUMBER: IR-IM (CX) 025-3 (111)
PARCEL NUMBER: 3A
PROJECT CODE: 91034
DATE: JULY 04 , 1997
LEGAL DESCRIPTION
A tract or parcel of land No. 3A of the Department of Transportation,
State of Colorado, Project No. IR-IM(CX) 025-3 (111) containing 2.353 hectares
(5.814 acres) , more or less; being a portion of a parcel of land as described
at reception number 95004228 of the Larimer County Clerk and Recorder's
Office, lying in the SW 1/4 of Section 34, Township 7 North, Range 68 West, of
the Sixth Principal Meridian, in Larimer County, Colorado, said tract or
parcel being more particularly described as follows:
Commencing at the southwest corner of said Section 34, thence along the
southerly line of the southwest quarter of said Section 34 S 89' 46' 58" E, a
distance of 479.863 meters (1, 574 .35 feet) , thence departing said southerly
line N 00' 10' 02" E, a distance of 46. 140 meters (151.38 feet) to a point,
said point being the southwest corner of the parcel of land as described at
reception number 95011555, said point also being on the northerly right-of-way
line of Colorado State Highway No. 68 as described in Book 1430, Page 397,
thence along the westerly line of the parcel of land as described at said
reception number 95011555 N 000 10' 02" E, a distance of 27.095 meters (88.89
feet) to the true POINT OF BEGINNING;
1. Thence departing said westerly line S 90" 00' 00" W, a distance of 12.177
meters (39. 95 feet) ;
2. Thence along the arc of a curve to the right, said curve having a central
angle of 29' 32 ' 55", an arc distance of 28 .055 meters (92. 04 feet) , a
radius of 54 .400 meters (178 .48 feet) and a chord bearing N 750 13, 32" W,
with a chord distance of 27.745 meters (91.03 feet) ;
3. Thence N 60' 27 ' 03" W, a distance of 24 . 699 meters (81.03 feet) ;
4. Thence along the arc of a curve to the left, said curve having a central
angle of 260 06' 03", an arc distance of 29. 884 meters (98.04 feet) , a
radius of 65. 600 meters (215.22 feet) and a chord bearing N 73' 30' 06" W,
with a chord distance of 29. 626 meters (97.20 feet) ;
5. Thence N 86' 33' 08" W, a distance of 43. 484 meters (142. 66 feet) ;
6. Thence S 89' 4 3' 58" W, a distance of 56.289 meters (184 . 67 feet) ;
7 . Thence N 63° 13' 46" E, a distance of 67 . _�27 meters (220. 89 feet) ;
8. Thence N 00' 13' 02" E, a distance of 121 . 382 meters (398 .23 feet) ;
9. Thence N 84' 49' 28" E, a distance of 142 . 946 meters (468 . 98 feet) ;
10.Thence S 00' 10' 02" W, a distance of 50. 920 meters (167 .06 feet) to a
point being on the northerly line of the oarcel of land as described at
said reception number 95011555;
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11.Thence along said northerly line N 89' 49' 58" W, a distance of 13.775
meters (45. 19 feet) to the northwest corner of the parcel of land as
described at said reception number 95011555;
12.Thence along the westerly line of the parcel of land as described at said
reception number 95011555 S 000 10' 02" W, a distance of 143.744 meters
(471. 60 feet) to the true POINT OF BEGINNING.
The above described tract or parcel contains 2 .353 hectares/ 23, 526. 863 square
meters (5.814 acres/253,241 square feet) , more or less.
BASIS OF BEARING: Being a line between CDOT control point No. 505 (M.P.
265.05) , a 3 1/4" diameter aluminum cap and CDOT control point No. 529 (M.P.
265.29) , a 3 1/4" diameter aluminum cap, said line bears N 02' 14 ' 57" W, a
distance of 397 . 99 meters (1, 305.74 feet) , determined by a Global Positioning
Systems control survey, performed by CDOT. Said control points are standard
type 2 CDOT control monuments as shown on project right-of-way plans.
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DANIEL P. WILMETH P.L.S. #25384
For and on behalf of
J. E. Sato and Associates
5898 S. Rapp St.
Littleton, Co. 80120
P3A-ROW
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PROJECT NUMBER: IR-IM (CX) 025-3 (111)
PARCEL NUMBER: 3B
PROJECT CODE: 91034
DATE: JULY 04 , 1997
LEGAL DESCRIPTION
A tract or parcel of land No. 3B of the Department of Transportation,
State of Colorado, Project No. IR-IM(CX) 025-3 (111) containing 0.028 hectares
(0.069 acres) , more or less; being a portion of a parcel of land as described
at reception number 95004228 of the Larimer County Clerk and Recorder's
Office, lying in the SW 1/4 of Section 34, Township 7 North, Range 68 West, of
the Sixth Principal Meridian, in Larimer County, Colorado, said tract or
parcel being more particularly described as follows:
Commencing at the southwest corner of said Section 34, thence along the
southerly line of the southwest quarter of said Section 34 S 89' 46' 58" E, a
distance of 662.344 meters (2, 173.04 feet) , thence departing said southerly
line N 00' 13' 02" E, a distance of 61 . 371 meters (201. 35 feet) to the
southeast corner of the parcel of land as described at reception number
95011555, also being on the westerly right-of-way line of Interstate 25 as
described in Book 1229, Page 577,thence along the easterly line of said parcel
of land and westerly right-of-way line, N 13' 01 ' 32" E, a distance of 159.774
meters (524 . 19 feet) to a point, said point being the northeast corner of said
parcel of land, said point also being on said westerly right-of-way line, said
point also being the true POINT OF BEGINNING;
1. Thence along the northerly line of the parcel of land as described at said
reception number 95011555 N 890 49' 58" W, a distance of 11.367 meters
(37 .29 feet) ;
2. Thence departing said northerly line N 24" 48 ' 29" E, a distance of 54 .273
meters (178.06 feet) to a point on the easterly line of the parcel of land
as described at said reception number 95004228, said point also being on
said westerly right-of-way line of Interstate 25;
3. Thence along said easterly parcel line and westerly right-of-way line S 13'
01 ' 32" W, a distance of 50. 600 meters (".66. 01 feet) to the true POINT OF
BEGINNING.
The above described tract or parcel contair.s 0. 028 hectares/ 280. 382 square
meters (0.069 acres/3, 018 square feet) , more or less.
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BASIS OF BEARING: Being a line between CDOT control point No. 505 (M.P.
265.05) , a 3 1/4" diameter aluminum cap and CDOT control point No. 529 (M.P.
265.29) , a 3 1/4" diameter aluminum cap, said line bears N 02° 14 ' 57" W, a
distance of 397. 99 meters (1, 305.74 feet) , determined by a Global Positioning
Systems control survey, performed by CDOT. Said control points are standard
type 2 CDOT control monuments as shown on project right-of-way plans.
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DANIEL P. WILMETH P.L.S. #25384
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5898 S. Rapp St.
Littleton, Co. 80120
P3B-ROW
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EXHIBIT B
PROJECT NUMBER: IR-IM (CX) 025-3 (111)
PERMANENT EASEMENT NUMBER: 3
PROJECT CODE: 91034
DATE: JULY 04, 1997
LEGAL DESCRIPTION
A Permanent Easement No. 3 of the Department of Transportation, State of
Colorado, Project No. IR-IM(CX) 025-3 (111) containing 0.005 hectares (0.012
acres) , more or less; being a portion of a parcel of land as described at
reception number 95004228 of the Larimer County Clerk and Recorder's Office,
lying in the SW 1/4 of Section 34, Township 7 North, Range 68 West, of the
Sixth Principal Meridian, in Larimer County, Colorado, said Permanent Easement
being more particularly described as follows :
Commencing at the southwest corner of said Section 34, thence along the
southerly line of the southwest quarter of said Section 34 S 89' 46' 58" E, a
distance of 692. 198 meters (2,270. 99 feet) , thence departing said southerly
line N 00' 13' 02" E, a distance of 229. 836 meters (754 . 05 feet) to the true
POINT OF BEGINNING;
1. Thence S 24' 48' 29" W, a distance of 10.000 meters (32 .81 feet) ;
2. Thence N 650 11 ' 31" W, a distance of 5.000 meters (16. 40 feet) ;
3. Thence N 240 48' 29" E, a distance of 10.000 meters (32.81 feet) ;
4 . Thence S 65' 11' 31" E, a distance of 5.000 meters (16. 40 feet) to the true
POINT OF BEGINNING.
The above described Permanent Easement contains 0.005 hectares/ 50.000 square
meters (0.012 acres/538 square feet) , more or less.
The purpose of the above referenced Permanent Easement is for the construction
and maintenance of CBC headwall/wingwall
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BASIS OF BEARING: Being a line between CDOT control point No. 505 (M.P.
265.05) , a 3 1/4" diameter aluminum cap and CDOT control point No. 529 (M.P.
265.29) , a 3 1/4" diameter aluminum cap, said line bears N 02' 14 ' 57" W, a
distance of 397 .99 meters (1, 305.74 feet) , determined by a Global Positioning
Systems control survey, performed by CDOT. Said control points are standard
type 2 CDOT control monuments as shown on project right-of-way plans.
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DANIEL P. WILMETH P.L.S. #25384
For and on behalf of
J.F. Sato and Associates
5896 S. Rapp St.
Littleton, Co. 80120
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PROJECT NUMBER: IR-IM (CX) 025-3 (111)
PERMANENT EASEMENT NUMBER: 3A
PROJECT CODE: 91034
DATE: JULY 04, 1997
LEGAL DESCRIPTION
A Permanent Easement No. 3A of the Department of Transportation, State
of Colorado, Project No. IR-IM(CX) 025-3 (1ll) containing 0.088 hectares (0.216
acres) , more or less; being a portion of a parcel of land as described at
reception number 95004228 of the Larimer County Clerk and Recorder's Office,
lying in the SW 1/4 of Section 34, Township 7 North, Range 68 West, of the
Sixth Principal Meridian, in Larimer County, Colorado, said Permanent Easement
being more particularly described as follows :
Commencing at the southwest corner of said Section 34, thence along the
southerly line of the southwest quarter of said Section 34 S 89' 46' 58" E, a
distance of 351.091 meters (1, 151.87 feet) , thence departing said southerly
line N 00' 13' 02" E, a distance of 184 .009 meters (603.70 feet) to the true
POINT OF BEGINNING;
1. Thence S 00' 13' 02" W, a distance of 10. 107 meters (33. 16 feet) ;
2. Thence S 81' 52' 29" W, a distance of 16. 667 meters (54 . 68 feet) ;
3. Thence S 74' 03' 50" W, a distance of 15.510 meters (50.89 feet) ;
4 . Thence S 70' 05' 42" W, a distance of 53. 673 meters (176.09 feet) ;
5. Thence N 19' 54 ' 18" W, a distance of 10. 000 meters (32.81 feet) ;
6. Thence N 70' 05' 42" E, a distance of 54 .019 meters (177 .23 feet) ;
7 . Thence N 340 03' 50" E, a distance of 16.539 meters (54 .26 feet) ;
8. Thence N 81' 52' 29" E, a distance of 18 . 816 meters (61.73 feet) to the
true POINT OF BEGINNING.
The above described Permanent Easement contains 0.088 hectares/ 876.115 square
meters (0.216 acres/9, 430 square feet) , more or less.
The purpose of the above referenced Permanent Easement is for the construction
and maintenance of drainage swale from TTC to pond.
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BASIS OF BEARING: Being a line between CDOT control point No. 505 (M.P.
265.05) , a 3 1/4" diameter aluminum cap and CDOT control point No. 529 (M.P.
265.29) , a 3 1/4" diameter aluminum cap, said line bears N 02' 14 ' 57" W, a
distance of 397. 99 meters (1, 305.74 feet) , determined by a Global Positioning
Systems control survey, performed by CDOT. Said control points are standard
type 2 CDOT control monuments as shown on project right-of-way plans.
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DANIEL P. WILMETH P.L.S. #25384
For and on behalf of
J.F. Sato and Associates
5898 S. Rapp St.
Littleton, Co. 80120
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