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HomeMy WebLinkAbout097 - 07/06/2004 - AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 16 ACRES OF CITY PROPERTY AND RELATED TEMPORARY EASEMENT ORDINANCE NO. 097, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF APPROXIMATELY 16 ACRES OF CITY PROPERTY AND RELATED TEMPORARY EASEMENTS TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR USE FOR A NEW PUBLIC REST AREA IN EXCHANGE FOR APPROXIMATELY 22 ACRES OF LAND AND RELATED ACCESS EASEMENTS WHEREAS, the City of Fort Collins owns a +/-16.024 acre tract of land located to the south of the Colorado Welcome Center, on Prospect Road near Interstate 25, which tract of land is a portion of Running Deer Natural Area and is more specifically described on Exhibit "A" attached hereto and incorporated herein by this reference (the "New Rest Area Property"); and WHEREAS, the Colorado Department of Transportation ("CDOT") owns a +/-22.61 acre parcel located on the west side of and along Interstate 25 just north of where the Cache La Poudre River crosses under the Interstate, which parcel is adjacent to Arapahoe Bend Natural Area and is more specifically described on Exhibit `B" attached hereto and incorporated herein by this reference (the "Old Rest Area Property"); and WHEREAS, CDOT has proposed the development of a new public rest area on the City Property to replace the rest area currently located on the Old Rest Area Property; and WHEREAS, in order for the development of the new public rest area to proceed, the exchange of these properties, and the conveyance of related easements and access rights will be required; and WHEREAS, CDOT has requested from the City a twenty (20) foot wide Temporary Access Easement on adjacent City land in Running Deer Natural Area to the south of the New Rest Area Property in the location depicted on Exhibit "C" and incorporated herein by this reference (the "Temporary Access Easement'); and WHEREAS, CDOT has requested from the City a Temporary Construction Easement on adjacent City land in Running Deer Natural Area to the south of the New Rest Area Property and depicted on Exhibit "D" attached hereto and incorporated herein by this reference, to be legally described at the time of conveyance based on survey information (the "Temporary Construction Easement'); and WHEREAS, CDOT has agreed to convey to the City, in exchange for the foregoing property interests, a twenty (20) foot Permanent Access Easement for access through the New Rest Area Property to Running Deer Natural Area for the purpose of operations and maintenance, in the location depicted on the aerial view map attached hereto as Exhibit "E" and incorporated herein by this reference, to be legally described at the time of conveyance based on survey information (the "City Access Easement'); and WHEREAS, in addition, for access to the old Rest Area Property CDOT and the City are in the process of negotiating an additional permanent access easement from the owner of property adjacent to the Old Rest Area Property in the location depicted on the aerial view map attached hereto as Exhibit "F" and incorporated herein by this reference, to be legally described at the time of conveyance based on survey information (the "Additional City Access Easement"); and WHEREAS, in addition, for access to the Old Rest Area Property, CDOT and the City are in the process of negotiating a Permanent Crossing Agreement and Access Easement from Omni Trax acting on behalf of the Great Western Railroad to allow the City to access the Old Rest Area Property for maintenance and management of that property across adjacent railroad right-of-way, in the location depicted in the aerial view map attached as Exhibit "F"' (the "Railroad Access"); and WHEREAS, by separate ordinance, the Council has also considered the approval of an amendment to the Mining and Reclamation Agreement between the City and LaFarge North America, Inc., and dated April 24, 2000, related to mining on the Running Deer Natural Area property (formerly known as a portion of the Resource Recovery Farm), in order to allow the transactions described herein to proceed; and WHEREAS, the City's Real Estate Services staff has determined that the property interests described above to be exchanged are of roughly equivalent fair market value; and WHEREAS, City staff has determined that the development of a new rest area facility in close association with the Colorado Welcome Center will be of significant importance to the people of Fort Collins and the State of Colorado; and WHEREAS, City staff has determined that the Old Rest Area Property, once it is restored by CDOT to its natural state and added to the Arapahoe Bend Natural Area, will be of significant value to the people of Fort Collins and the State of Colorado; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens, and will be in the best interests of the City; and WHEREAS, it is the desire of the City Council to authorize the foregoing conveyances as herein described. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the above-described conveyance of the New Rest Area Property, the Temporary Access Easement and the Temporary Construction Easement by the City to CDOT in exchange for the Old Rest Area Property and the City Access Easement will be for the benefit of the City's citizens and is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such deeds and other documents of conveyances and agreements as may be necessary to carry out the terms of the above-described exchange, including the acceptance of the various access easements and rights herein described, contingent upon the approval of Ordinance No. 098, 2004, authorizing the amendment of the above-referenced Mining and Reclamation Agreement. Introduced, considered favorably on first reading, and ordered published this 15th day of June, A.D. 2004, and presented for final passage on the 6th day of July, A.D. 2004. Mayor ATTEST; 1 City Clerk Passed and adopted on final reading this 6th day of July, A. D. 2004. Mayor ATTEST: n City Clerk' EXHIBIT "A" DATE: May 26, 2004 Sheet 1 of 2 LEGAL DESCRIPTION A tract or parcel of land containing 698, 020 square feet, more or less, in the NE 1/4 of Section 21, Township 7 North, Range 68 West, of the Sixth Principal Meridian, in Larimer County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at a point on the south and west right-of-way lines of the west frontage road, shown as point number 502 on the Right-of-Way Plans of Colorado Department of Transportation Project IR 025-3 (89) , sheet 5; from which the east 1/4 corner of Section 21 bears S48016' 30"E, a distance of 2004 . 85 feet; said point being the True Point of Beginning: 1 . Thence S 17042152" W, a distance of 60 . 00 feet; 2 . Thence S 89058143" W, a distance of 620. 00 feet; 3 . Thence N 41054149" W, a distance of 421. 10 feet; 4 . Thence N 48005111" E, a distance of 798 . 84 feet; 5 . Thence N 00030' 56" E, a distance of 42 . 29 feet to a point on the southerly line of that parcel as recorded in Reception No. 97026804 and 2001012592 of the Larimer County records, said point also being the northwest corner of that access parking easement as recorded in Reception No. 2001012591 of the Larimer County Records; 6. Thence N 88040135" E, along the southerly line of said parcel a distance of 527 . 98 feet to the west right-of- way line of said west frontage road; 7 . Thence along said right-of-way line, along a non- tangent curve to the right, whose radius is 532 . 961 , long chord bears S 3036114" W, 259. 83' , an arc distance of 262. 47 feet to a point of tangency; CODOCUMENTS AND SETTINGS\KCRANGLE.FAC_NT\LOCAL SET7INGS\TEM"ARCEL2I.DOC EXHIBIT "An DATE: May 26, 2004 Sheet 2 of 2 8 . Thence continuing along said right-of-way line, S 17°42 ' 52" W, a distance of 613 . 89 feet, more or less to the Point of Beginning; Said described parcel of land containing 698, 020 Square Feet, 16. 024 Acres, more or less. Reserving unto the Grantor a twenty foot (20' ) wide access easement to be determined and described upon completion of construction of the new rest area on this site. Basis of Bearings: All bearings in this description are based upon the east line of the NE 4 of Section 21, Township 7 North, Range 68 West, as monumented on the north by a PK nail in the bridge deck and on the south by a #4 rebar and cap, as bearing N 00013120" E and having a distance between of 2636. 30 feet. This legal description was prepared by me based upon drawings and recorded documents and does not reflect the results of a new and separate field survey. C:\DOCUMENTS AND SETTINGS\KCRANGLE.FAC NT\LOCAL SET INGS\TEMPTARCEL2IDOC -L ci-elr :5:a2 FRCS:ENG"�cP.TN4 3J3c5:P:to W:y'U iwJ )_cam: _. 1 ! ',3 76 Page 112v8(31;2s8 set. I jr•�j��, r' Loveland Circle-North I Parcel No. 23-AR. E23 ! 'fI PERMANENT EASEMENT I f YII INOW ALL 'MR BY THESE PRESENTS, Thai the DEPARTtfEiT OF CAKE. FISH ' and PARRS, STATE OF COLORA00. hereihafter called the Grantor, tar and in ieonwideratien of the num of ONE DOLLAR (S L,00) and other valuable Com- aiderstion to it in hand paid by the Oepscteene of Nighvsys. Scare of 51 Colorado• hereinafter called the Crantee, reeeigr of which to hereby acknowicd End, has gtvee and granted, and by these presmcn doe. hcrenv 61 give and grant unto the said Grantee, a Perpetual Easement on. alnnt, over and across the following described prontaes, to-wit: I 7i A Bract or parcel of land Po. 23'411t aE peparemnc of Highways S es u: 5.I of Colorado, Project No, y. 25-3(31)258 containing Z2.62 acres, more wr leas, In the Nick of Section 34,.TeaLShip 7 North, Range 68 Vest• of the I+ 9, Sixth Prihctpal Meridian, in Larimer Century, Colorado, said tracr or par- ! eel being nowt particularly described an followa: to II Beginning as, a point an the north LLhe of Section 34, T. 7 N._ R. ' 111 68 W., from which the W career of Section 34 bases N. 59' 49' W. , a d! ! canoe of 1.507.8 feet: 12iL_ Thence along the north Ilwc of Section 36, N. 89' 45' N. , w dtc- ! canoe of -1,02L.4 fear to the property line; ! Thence along the property line S. 34' 41' E., a distance of t•nc5 / 1 ' feet; 3. Thence along the property line S. 58' 13' P., w dlatawte of 260_:_. 15� feet: _ ! u thence along the property line S. 44' 21' E_. a dra[inee of 4.; iai� feet; 5_ Thence along the property line S. L2' 34' E., a distance of 259.> y7I 6_ Thence along the property 11" S. 74' 33' E., a distance of 11.' !j to the westerly righc of way line of S_H. 185 (Feb. 1963); -.- Thence along the wraterLy right of Vay line of S.R. 185 (rrb, t.v H. L2' 34' W., a distance of 622.7 feet; 191 R. Thence H. 42' 48' W., a distance of 202.6 feet; 9. 'llhapee N. 12' 34' V_, a distance of 450.0 feet; 201 10. Thence N. 12' 32' 30" E., a distance of 193.3 feet; I 11. Thence N_ 12' 18' 30" V., a disease. of 400.0 feet; ' 21 12. Thence N. 15' 10' W_, a distance of 248.3 face, are or lean, c= the point of begiwaiog_ 22 The above described parcel contain. 22.62 acres, vane a. leas• of 23 0.70 acme are Ln the right of uny of the present road. 241 Subjeor to a rexmancne Eaaeoent Et23, to Lewis Oanoelo and Cloc La 0anneia, their successors and assign, for Me purpose of construction a,t 25� onirtename, of an irrigation ditch. Said essesw_nt is described no £ollc.. 26I BegLffiSnp, At a point on the north line of Section 34• T. 7 H., a. m- j of the Sixth Principal Meridian, in Lariner County. Colorado, 'to. .4L1. 271I NW earner of Section 34 bears N_ A9' 49' L., a distance of 1.507,8 fete: '1% S. 1S' 10' Z., a distance of 31.1 feet to the woutherly right of way 1:n- 28fi` the County Road• which in the ccue point of beginning, 291 1. -rmnee N. 694 49' N_, along said right of way, a distance at !� 1.008.7 feet; Z. '!hence S. 34' 41' E., a diet once of 24.4 feet; 3_ Thcm,,, S. 09' 49' Z. n diseases, of I COO.3 feet, to ch. wa..ecci : =iL right of say line of State ittghuay, 19-1 :+GI' ra' 'h 'dm J V_ ts ZL we i I t RdUbirtl.: Page 2 of 2 it 2 25-3c11)258 Sec. 1 11. Lowland Cirela-Hutch } Pavmonant Easestnr Parcel We. 23-AR �i 4- Thence H. 15' 10' W.. a distance of 20.7 feet, score or leas, r.• the paint of beginning_ the above described parcel contains 0.66 ¢teas mere or {eaa. 4 The &bow easement shall Geminate at meth time a it aewaes to ba used for irrigation ditch purposes for 24 mosrble or longer. For the purpose of constructing and maintaining &-'Road-aide Pari. ., 6�I Rea Area, iecludtng drlvevays, parking areas, landscaping, rheltere, ute cables, drinking water soppl Les,publit rest rooms sad arbor faeill— 7 for the c&cfaa,c and con.e.Leoe. oC highway users. a Lt to a condition of Chia easement that the Granree will keep aoi: ,presetwo to a sightly and saaitaTy condleLon, and will we permit the at 9�I coaulacion of cresh, rubbish or refuse thereon. 10ii IN WITNESS WHEREOF the Grantor has caused these presents Cc bit cxer%,, by ira Director, duly authorized herein, Chia L•r%: day of n, I! A.D., 1966. i2I Department of Game, rich and ;z:k- '3 STATE OF COLORADO 14 15 Hy 6 airy . Woodward., Direecor =ATE 07'COLORADO ) as CITY AND COUNTY OF REN9ER ) �a '_9 The above Lustrummr ems'act rouledged before me by Harry R. Woodeau;, 20 Director, Department of Coe, pi 4 wand parka. Stets of Colorado_ WStnesa my hand and offiet, sesl this 1,7A day of 21 A. 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