HomeMy WebLinkAbout118 - 09/16/2014 - AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON MCMURRY ORDINANCE NO. 118, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION
AND A TEMPORARY CONSTRUCTION EASEMENT ON MCMURRY NATURAL AREA
TO LARIMER COUNTY
WHEREAS, the City is the owner of two parcels of real property located in Sections 2
and 3, Township 7 North, Range 69 West of the 6`h Principal Meridian, County of Larimer, State
of Colorado, identified in County records as parcel numbers 9702300909 and 9702300955,
which are part of McMurry Natural Area and Parks Poudre River Trail East property (the "City
Property"); and
WHEREAS, Larimer County (the "County") plans to start construction in early 2015 on
its North' Shields widening and Cache La Poudre River bridge replacement project (the
"Project'); and
WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane
road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and
sidewalks from the Arthur Ditch north to Willox Lane;
WHEREAS, the County has asked the City to dedicate a portion of the City Property as a
public highway and grant a temporary construction easement on a portion of the City Property
for the benefit of its Project; and
WHEREAS, the areas of the proposed roadway dedication and temporary construction
easement are described on Exhibits "A-1" and "A-2" and shown on Exhibit "A-3", attached and
incorporated herein by reference (the "Property Interests"); and
WHEREAS, the portion of the City Property to be dedicated for highway purposes is
.316 acres in size, and the area of the temporary construction easement is .273 acres; and
WHEREAS, as mitigation and compensation for the Property Interests, as well as
additional property interests across three other City Natural Areas and Parks properties that the
City Council is being asked to approve by separate ordinances, the County will provide
improvements on the City properties as part of the Project including new trails, boating put-ins,
and a new trailhead and parking lot; and
WHEREAS, the County would also be required to restore and reseed areas of the City
Property affected by the Project and mitigate any tree removal; and
WHEREAS, City staff has determined that the fair market value of the Project property
interests the County is requesting on Natural Areas properties is approximately $20,000, while
the value of the improvements the County will provide that benefit the Natural Areas properties
will be over $200,000, and therefore no additional compensation from the County should be
required; and
1
WHEREAS, City staff recommends that the City Council authorize the granting of the
Property Interests as described in this Ordinance; and
WHEREAS, at its regular meeting on July 10, 2013, the Land Conservation and
Stewardship Board voted to recommend that the Council approve the conveyance of the Property
Interests on the City Property; 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:
Section 1. That the City Council hereby finds that the City's conveyance to the
County of the Property Interests on the City Property 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 Property Interests to the County 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 Property Interests, as long as such changes do not materially increase the size or change
the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. .
2014.
M yor
ATTEST: O�FORT Co
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Chief Deputy City Clerk
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Passed and adopted on final reading on this 16th day of September, A.D. 2014.
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McMurry Natural Area and Parks Trail East Right of Way
EXHIBIT "A-I"
(1 OF 2)
PROPERTY DESCRIPTION
ROW 22
A tract or parcel of land containing 13,751 square feet (0.316 acre), more or less, being part
of that parcel of land described in those Warranty Deeds recorded July 7, 1998 as Reception Nos.
98056810 and 98056811 of the records of the Larimer County Clerk and Recorder, located in the
Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4) of Section Two (2), Township Seven
North(T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (61h P.M.), County
of Larimer, State of Colorado, and being more particularly described as follows:
COMMENCING at the West Quarter(W 1/4) corner of said Section 2, being
monumentalized by a#6 rebar with a 2 %" diameter aluminum cap stamped"PLS 4502, 1997"in a
monument box; THENCE South 00022145"West along the West line of the Southwest Quarter
(SW 1/4)of said Section 2 a distance of 119.93 feet to the Northwest corner of that parcel of land
described in said Warranty Deeds recorded as Reception Nos. 98056810 and 98056811;THENCE
South 89°36'23"East along the Northerly line of that parcel of land described in said Warranty
Deeds recorded as Reception Nos. 98056810 and 98056811 a distance of 20.00 feet to the East
Right-of-way line of North Shields Street as established by that approved Road Petition recorded
April 22, 1896 in Road Book R at Page 356 of the records of the Larimer County Clerk and
Recorder, said East Right-of-way line being Twenty(20) feet, as measured at a right angle,East of
and parallel with the West line of the Southwest Quarter(S W 1/4) of said Section 2, said point
being the POINT OF BEGINNING;
1. THENCE continuing South 89°36'23"East along the Northerly line of that parcel of land
described in said Warranty Deeds recorded as Reception Nos. 98056810 and 98056811 a
distance of 100.00 feet to a point being One Hundred (100) feet, as measured at a right
angle, East of said East Right-of-way line;
2. THENCE South 00°22'45" West along a line being One Hundred (100) feet, as measured at
a right angle, East of and parallel with said East Right-of-way line a distance of 155.01 feet
to the Southwesterly line of that parcel of land described in said Warranty Deeds recorded
as Reception Nos. 98056810 and 98056811;
3. THENCE North 70°19'15" West along the Southwesterly line of that parcel of land
described in said Warranty Deeds recorded as Reception Nos. 98056810 and 98056811 a
distance of 105.95 feet to said East Right-of-way line;
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McMurry Natural Area and Parks Trail East Right of Way
EXHIBIT "A-I"
(2 OF 2)
PROPERTY DESCRIPTION
ROW 22
4. THENCE North 00022'45"East along said East Right-of-way line a distance of 120.01 feet
to the POINT OF BEGINNING.
The above-described parcel contains 13,751 square feet(0.316 acre),more or less.
Basis of Bearings: The basis of bearings is the West line of the Southwest Quarter(S W 1/4)
of Section Two (2), Township Seven North (T.7N.),Range Sixty-nine West(R.69W.)of the Sixth
Principal Meridian(6'h P.M.), County of Larimer, State of Colorado, being monumentalized by a
#6 rebar with a 2 'h" diameter aluminum cap stamped "PLS 4502, 1997" in a monument box at the
North end and by a 2 %"pipe with a 3 ''/d' diameter aluminum cap stamped 'PLS 20123" in a
monument box at the South end, bearing South 00022145" West, being a Grid Bearing of the
Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance
of 2653.31 feet, with all other bearings contained herein relative thereto.
Lineal Unit Definition: The lineal dimensions as contained herein are based upon the "U.S.
Survey Foot."
SURVEYOR'S STATEMENT
I, Michael Chad.Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct to the best of my knowledge and belief.
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Michael Chad Dilka- On Behalf of King Surveyors, Inc.
Colorado Licensed Professional Land Surveyor#38106
KING SURVEYORS, INC.
650 E. Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2011592
McMurry Natural Area and Parks Trail East Temporary Easement
EXHIBIT "A-2"
(1 OF 2)
PROPERTY DESCRIPTION
TE 22
A tract or parcel of land containing 11,887 square feet (0.273 acre), more or less, being part
of that parcel of land described in those Warranty Deeds recorded July 7, 1998 as Reception Nos.
98056810 and 98056811 of the records of the Latimer County Clerk and Recorder, located in the
Northwest Quarter of the Southwest Quarter(NW 1/4 SW 1/4) of Section Two (2), Township Seven
North(T.7N.), Range Sixty-nine West(R.69W.) of the Sixth Principal Meridian(6`h P.M.), County
of Larimer, State of Colorado, and being more particularly described as follows:
COMMENCING at the West Quarter(W1/4) corner of said Section 2, being
monumentalized by a#6 rebar with a 2 %2" diameter aluminum cap stamped"PLS 4502, 1997"in a
monument box; THENCE South 00°22'45" West along the West line of the Southwest Quarter
(S W 1/4)of said Section 2 a distance of 119.93 feet to the Northwest corner of that parcel of land
described in said Warranty Deeds recorded as Reception Nos. 98056810 and 98056811; THENCE
South 89°36'23" East along the Northerly line of that parcel of land described in said Warranty
Deeds recorded as Reception Nos. 98056810 and 98056811 a distance of 120.00 feet to a point
being One Hundred Twenty(120) feet, as measured at a right angle, East of the West line of the
Southwest Quarter(SW 1/4) of said Section 2, said point being the POINT OF BEGINNING;
1. THENCE continuing South 89°36'23"East along the Northerly line of that parcel of land
described in said Warranty Deeds recorded as Reception Nos. 98056910 and 98056811 a
distance of 71.00 feet to a point being One Hundred Ninety-one (191) feet, as measured at a
right angle, East of the West line of the Southwest Quarter(SW 1/4) of said Section 2;
2. THENCE South 00°22'45"West along a line being One Hundred Ninety-one(191)feet, as
measured at a right angle, East of and parallel with the West line of the Southwest Quarter
(SW 1/4) of said Section 2 a distance of 179.85 feet to the Southwesterly line of that parcel
of land described in said Warranty Deeds recorded as Reception Nos. 98056810 and
98056811;
3. THENCE North 70019'15" West along the Southwesterly line of that parcel of land
described in said Warranty Deeds recorded as Reception Nos. 98056810 and 98056811 a
distance of 75.23 feet to a point being One Hundred Twenty(120)feet, as measured at a
right angle, East of the West line of the Southwest Quarter(SWl/4) of said Section 2;
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McMurry Natural Area and Parks Trail East Temporary Easement
EXHIBIT
(2 OF 2)
PROPERTY DESCRIPTION
TE 22
4. THENCE North 00022'45" East along aline being One Hundred Twenty (120) feet, as
measured at a right angle, East of and parallel with the West line of the Southwest Quarter
(SW i/4) of said Section 2 a distance of 155.01 feet to the POINT OF BEGINNING.
The above-described parcel contains 11,887 square feet(0.273 acre), more or less.
Basis of Bearings: The basis of bearings is the West line of the Southwest Quarter(SW 1/4)
of Section Two (2), Township Seven North(T.7N.), Range Sixty-nine West(R.69W.) of the Sixth
Principal Meridian (6`h P.M.), County of Larimer, State of Colorado, being monumentalized by a
#6 rebar with a 2 %2" diameter aluminum cap stamped"PLS 4502, 1997" in a monument box at the
North end and by a 2 ''/s"pipe with a 3 '/<" diameter aluminum cap stamped 'PLS 20123" in a
monument box at the South end, bearing South 00°22'45"West, being a Grid Bearing of the
Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance
of 2653.31 feet, with all other bearings contained herein relative thereto.
Lineal Unit Definition: The lineal dimensions as contained herein are based upon the "U.S.
Survey Foot."
SURVEYOR'S STATEMENT
I, Michael Chad Dilka, a Colorado Licensed Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct to the best of my knowledge and belief.
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Michael Chad Dilka-On Behalf of King Surveyors, Inc.
Colorado Licensed Professional Land Surveyor#38106
KING SURVEYORS, INC.
650 E. Garden Drive
Windsor, Colorado 80550
(970)686-5011
JN: 2011592
THE CITY OF FORT COLLINS NORTH SHIELDS STREET
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( NOTE: This exhibit drawing is not intended to be a monumentalized land survey. It's sole purpose
is as a graphic representation to aid in the visualization of the written property description which it
accompanies. The written property description supersedes the exhibit drawing.
KING SURVEYORS PROJECT NO : 2011592
650 E. Garden Drive I Windsor, Colorado 80550 DATE : 7/7/2014
phone: (970) 686-5011 I fax: (970) 686-5821 CLIENT : INTERWEST
WWW.kingsurveyors.com DWG : ROW22 CITY