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HomeMy WebLinkAbout084 - 05/15/2001 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT TO LARIMER COUNTY FOR THE CONSTRUCTI ORDINANCE NO. 84, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT TO LARIMER COUNTY FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS RELATING TO THE WIDENING OF SOUTH SHIELDS STREET ADJACENT TO THE COLINA MARIPOSA NATURAL AREA WHEREAS, the City of Fort Collins owns that certain real property located to the southeast of the intersection of Shields Street and Trilby Road in Larimer County,Colorado,and known as the Colina Mariposa Natural Area(the "Natural Area"); and WHEREAS,in order to complete the widening of a portion of Shields Street in conjunction with other pending road improvements, the County has requested that the City grant to the County a nonexclusive temporary construction easement for its construction activities on certain portions of the Natural Area Property totaling .36 acres in size, as described on Exhibit "A" as Temporary Easements 1 and 2, attached hereto and incorporated herein by this reference (the "Temporary Construction Easement"); and WHEREAS, City staff has negotiated an easement agreement for the foregoing easement, and a draft of the same, dated April 27, 2001, is on file in the office of the City Clerk and available for public inspection (the "Easement Agreement"); and WHEREAS, in exchange for the grant of the foregoing easement, the County has agreed to pay to the City the fair market value of the same, in the total amount of$270; and WHEREAS,the County has worked with City staff to minimize disturbance to the Natural Area; and WHEREAS,the County has agreed to regrade and reseed the areas impacted by construction in accordance with City specifications, to comply with specified standards for time and manner of construction activities and will manage vegetation until it is adequately reestablished; and WHEREAS,staff recommends approval of the Easement Agreement in view of the resource protection measures to which the County has agreed,and in view of the enhanced safety to bicyclists and motorists that is expected to result from the County's widening of Shields Street; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City,provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Temporary Construction Easement,as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreement,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City. Introduced,considered favorably on first reading,and ordered published this 1 st day of May, A.D. 2001, and to be presented for final passage on the 15th day of May, A.D. 2001. ,n ri Mayor = ATTEST: City Clerk Passed and adopted on final reading this 15th day of May, A.13-2001. XA- Mayor Yy.. ATTEST: �LL)L City Clerk EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY EASEMENTS PN 234 TEMPORARY EASEMENT 1: Beginning at the West %4 corner of Section 14, Township 6 North, Range 69 West, of the 6 'P.M. thence South 00 06' 19"East 360 feet,thence South 90 00' East 50 feet to the Point of Beginning; THENCE North 00 00' East 120 feet, thence North 90 00' East 80 feet,thence South 00 00' East 120 feet,thence North 90 00' West 80 feet to the TPOB. TEMPORARY EASEMENT 2: Beginning at the West '/4 corner of Section 14, Township 6 North,Range 69 West, of the Oh P.M., thence South 00 06' 19" East 435 feet, thence South 90 00' East 50 feet to the Point of Beginning; THENCE North 90 00' East 90 feet, thence South 00 00' East 54 feet, thence North 90 00' West 90 feet,thence North 00 00' East 54 feet to the TPOB. April 9, 2001