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HomeMy WebLinkAbout016 - 02/04/2014 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-WAY ON LONG VIEW FARM O ORDINANCE NO. 016, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-WAY ON LONG VIEW FARM OPEN SPACE TO THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the City, Larimer County and the City of Loveland are joint owners of a parcel of real property acquired in 1997 known as Long View Farm Open Space, which is described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property'); and WHEREAS, as part of its State Highway 392/U.S. Highway 287 Interchange Project (the "Project") the Colorado Department of Transportation ("CDOT") is requesting the conveyance of two interests in the Property: approximately .07 acres of fee simple right-of-way as described on Exhibit `B", attached hereto and incorporated herein by reference (the "Right-of-Way''), and a temporary construction easement as described-on Exhibit"C", attached hereto and incorporated herein by reference (the "TCE"); and WHEREAS, the Project will add turn lanes and sidewalks and improve stormwater conveyance at the intersection, which is the southern boundary of the City; and WHEREAS, while the County is the majority owner of the Property and the managing entity for daily operations, City Council authorization is required under the City Code for the conveyance of any interest in real property owned by the City; and. WHEREAS, CDOT will pay compensation of$1,270 for the TCE and the Right-of-Way, of which the City, as a 33% owner of the Property, will receive $419; and WHEREAS, CDOT will not be required to pay the City an application fee or pay for Natural Areas staffs, time on this Project as the County is the main point of contact for the majority of the Project details; and WHEREAS, CDOT will mitigate the impact to wetlands on the Property caused by the Project by making a $9,750 payment to the Natural Areas wetland mitigation fund; and WHEREAS, at its regular meeting of December I I, 2013, the Land Conservation and Stewardship Board voted to recommend adoption of this Ordinance; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: - 1 - Section 1. That the City Council hereby finds that, because of the benefit to the citizens of Fort Collins provided by the intersection improvements, the conveyance of the Right- of-Way and TCE on Long View farm to CDOT as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Right-of-Way and TCE to CDOT 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 or to effectuate the purpose of this Ordinance, including, but not limited to, any necessary changes to the description of the property interests to be conveyed, as long as such changes do not materially increase the size or change the character of such property interests. Introduced, considered favorably on first reading, and ordered published this 21 st day of January, A.D. 2014, and to be presented for final passage on the 4th day of February, A.D. 2014. FORT CO < a 2N 104yor ATTEST: Q: v✓•� C'iLOR1t� City Clerk Passed and adopted on final reading on the 4th day of February, A.D. 2014. 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O` Ma nor ATTEST: SEAL �' City Clerk \ �.'•.. ..•v0 :tip,,t,R P•, 2 EXHIBIT A LEGAL DESCRIPTION OF LONGVIEW FARM A tract of land located in Section 23,Township 6 North, Range 69 West of the 6°P.M.,Larimer County, Colorado being more particularly described as follows: Considering the East line of the Southeast quarter of said Section 23 as bearing South 00°16'24" West from a 3"brass cap at the East Quarter comer of said Section 23 to a 3"brass cap at the Southeast corner of said Section 23 and with all bearings contained herein relative thereto: COMMENCING at the Southeast corner of said Section 23; thence along the South line of said Southeast quarter, South 890 l8'09"West 50.01 feet to the West right-of-way line of U.S. Highway 287; thence along said West right-of-way line,North 00°16'24" East,30.00 feet to the Northerly right-of-way line of 69`� Street,said point being the POINT OF BEGINNING, thence along said Northerly right-of-way line, South 89°18'09" West, 100.50 feet to a curve concave to the South having a central angle of 25°37'34",a radius of 305.00 feet and the chord of which bears South 76°29'23"West, 135.28 feet; thence continuing along said Northerly right-of-way line and the arc of said curve 136.41 feet to a point on the South line of said Southeast Quarter of Section 23; thence along the South line,South 89°18'09" West, 2362.39 feet to the South Quarter comer of said Section 23; thence along the South line of the Southwest Quarter of Section 23,North 89°19'35'; West, 1306.95 feet to the West 1/16 corner between Section 23 and Section 26; thence,North 00011151"East, 2650.27 feet to the Center West 1/16 corner of Section 23; thence,North 00°11'54"east, 2636.51 feet to the West 1/16 comer between said Section 23 and Section 14; thence along the North line of the Northwest Quarter of said Section 23.North 89°21'56"east, 1319.70 feet to the North Quarter comer of said Section 23; thence along the North line of the Northeast Quarter of said Section 23,North 89029'53"East,2588.28 feet to a point on the West right-of-way line of said U.S. Highway 287; thence along said West line,South 00°16'06" West, 2654.25 feet; thence continuing along said West tine, South 00016'24" West 2623.63 feet to the Point of Beginning. EXCEPT: A tract of land located in the Northeast Quarter of Section 23,Township 6 North,Range 69 West of the 6a'Principal meridian,County of Latimer,State of Colorado,being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 23 as bearing South 00°16'06" West from a 3"brass cap at the Northeast comer of said Section 23 to a 3"brass cap at the East Quarter comer of said Section 23 and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 23; thence, South 89'42'32" West, 50.00 feet to the West right-of-way line of U.S. Highway 287,said point being the POINT OF BEGINNING; thence along said West right-of-way line south 00°16'24"West, 25.25 feet; thence, South 89°42'32" West, 41.82 feet to a point on a curve concave to the Southeast having a central angle of 54°45'22", a radius of 610.00 feet and the chord of which bears South 62'19'50" West 561.03 feet; thence along the arc of said curve 582.96 feet; thence along a non-tangent line,North 55°02'52"West 279.71 feet; thence,North 27°44'06", West 137.30 feet;thence South 89°42'32" West, 812.49 feet; thence,North 00°17'28",West 1006.92 feet; thence,North 62°19'19"East, 680.61 feet; thence,North 89042132"East, 1053.02 feet to a point on the West right-of-way line of U.S. Highway 287; thence along said West right-of-way line. South 00°16'06"West, 1320.07 feet to the Point of Beginning Count of Larimer, State of Colorado,AND A tract of land located in the East Half of Section 23,Township 6 North, Range 69 West of the 6'h Principal Meridian,County of Larimer,State of Colorado, being more particularly described as follows: Considering the East line of the Northeast quarter of said Section 23 as bearing North 00°16'06" East fi-om a 3"brass cap at the East quarter corner of said Section 23 to a 3"brass cap at the Northeast comer of said Section 23 and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 23; thence,South 89042'32"West, 50.00 feet to the West right-of-way line of U.S.Highway 287,said point being the POINT OF BEGINNING; thence along said West right-of-way line South 00116'24"West,25.25 feet; thence, South 89°42'32"West,41.82 feet to a point on a curve concave to the Southeast having a central angle of 54°45'22", a radius of 610.00 feet and the chord of which bears South 62'19'50" West, 561.03 feet;thence along the arc of said curve 582.96 feet;thence along a non-tangent line,North 55°02'52"West 279.71 feet; thence,North 27°44'06"West 137.30 feet;thence South 89°42'32" West, 812.49 feet; thence,North 00°17'28"West 1006.92 feet; thence,North 62019'19" East, 680.61 feet;thence,North 89°42'32"East, 1053.02 feet to a point on the West right-of-way line of U.S. Highway 287; thence along said West right-of-way line, South 00'16106" West, 1320.07 feet to the Point of Beginning. County of Larimer, State of Colorado EXHIBIT B Project No. FSA 392A-016 PARCEL NUMBER: RW-1 Project Code: 18800 Date: July 17, 2013 A tract or parcel of land No. RW-I of the Department of Transportation, State of Colorado, Project No. FSA 392A-016 containing 0.071 acres, more or less, located in the Northeast Quarter of Section 23, Township 6 North, Range 69 West, of the 6th Principal Meridian, in the County of Larimer, State of Colorado, said tract or parcel being more particularly described as follows: Commencing at a point, whence the Northeast Corner of'said Section 23 (3" Brass CDOT Cap in a monument box), bears N 89°07'00" L, a distance of 50.01 feet, said point being on the North line of said Section 23, and on the existing westerly right-of-way line of U.S. Highway 287, also being the POINT OF BEGINNING; I. Thence along said existing right-of-way line, S 0°10'01" F a distance of 112.25 feet; 2. Thence S 89149159" W a distance of 41.66 feet; 3. Thence N 00010'01" W a distance of 3758 feet; 4. Thence N 46°31'40" E a distance of 34.57 feet: 5. Thence N 00'10'01" W a distance of 51.27 feet, to a point on the North line of said Section 23; 6. Thence along said section line, S 89°07'00" E a distance of 16.50 feet, to the POINT OF BEGINNING. The above described tract or parcel of land contains 3,098 square feet (0.071 acres), more or less. Basis of Bearings: Bearings are based on the west line of the Northwest Quarter of Section 24, Township 6 South, Range 69 West, of the 6th Principal Meridian, between the West Quarter Corner of Section 24, a found 3" Brass CDOT Cap in a monument box, hearing N 0°10'01" W, to the Northwest Corner of Section 24, a 3" Brass CDOT Cap in a monument box. unnup11�� \. PP00 REGISTi��� Prepared for and on behalf of the n, F� �•J Colorado Department of Transportation _= n; //1 j • � , o Terry R. Maw, PLS P31 161 3 161 i o Farnsworth Group, Inc. 4655 Forge Road, Suite 150 ''•.7 3///�; J Colorado Springs, CO 80907 ,lf'�oS��NAL LAN�S�Q��`` ���4nnwuUo°� EXHIBIT C PROJECT NUMBER: FSA 392A-016 TEMPORARY EASEMENT NUMBER: TE-1 Project Code: 18800 Date: July 17, 2013 A temporary easement No. TE-1 of the Department of Transportation, State of Colorado, Project No. FSA 392A-016 containing 0.031 acres, more or less, located in the Northeast Quarter of Section 23, Township 6 North, Range 69 West, of the 6th Principal Meridian; in the County of Larimer, State of Colorado, said temporary easement being more particularly described as follows: Commencing at a point, whence the Northeast Corner of said Section 23 (3" Brass CDOT Cap in a Monument box), bears N 24001'02" E, a distance of 122.05 feet to a point on the existing westerly right-of- way line of U.S. Highway 287, the POINT OF BEGINNING; 1. Thence along said existing right-of-way line, S 00010'01" E a distance of 10.00 feet; 2. Thence S 89150'09" W a distance of 51.66 feet; 3. Thence N 00°10'01" W a distance of 51.89 feet; 4. Thence N 46°31'40" E a distance of 48.31 feet: 5. Thence S 0990'01" E a distance of 13.74 feet; 6. Thence S 46°31'40" W a distance of 34.57 feet; 7. Thence S 00°10'01" E a distance of 37.58 feet 8. Thence N 89049'59" E a distance of 41.66 feet, to the POINT OF BEGINNING. The above described temporary easement contains 1,328 square feet (0.031 acres), more or less. The purpose of the above described temporary easement is for construction of highway and drainage improvements. Basis of Bearings: Bearings are based on the west line of the Northwest Quarte of Section 24, Township 6 South, Range 69 West, of the 6th Principal Meridian, between the West Quarter Corner of Section 24, a found 3" Brass CDOT Cap in a monument box, bearing N 0010'01" W, to the Northwest Corner of Section 24, a 3" Brass CDOT Cap in a monument box. "01111111111 1so Pop 'REgs Prepared for and on behalf of the `?��1..••....... Colorado Department of Transportation Terry R. Maw, PLS 431 161 Farnsworth Group, Inc. � ''' 61 4655 Forge Road, Suite 150 "s'•.,7/3!�/� :`a �� Colorado Springs, CO 80907 '/i, rip'" ••• '"SJQx�p ///�///ouunNot�vv``