HomeMy WebLinkAbout119 - 09/16/2014 - AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON NORTH SH ORDINANCE NO. 119, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION
AND A TEMPORARY CONSTRUCTION EASEMENT ON NORTH SHIELDS POND
NATURAL AREA TO LARIMER COUNTY
WHEREAS, the City is the owner of a parcel of real property located in Section 3,
Township 7 North, Range 69 West of the 6`s Principal Meridian, County of Larimer, State of
Colorado, identified in County records as parcel number 9703100902, which is part of the North
Shields Ponds Natural Area(the "City Property"); and
WHEREAS; Latimer 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
.180 acres in size, and the area of the temporary construction easement is .254 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
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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-I11(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.
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Chief Deputy City Clerk rp
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Passed and adopted on final reading on this 16th day of September, A.D. 2014.
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North Shields Pond Right of Way
EXHIBIT 'A-1"
PROJECT CODE: 17907
PROJECT NUMBER: BRO C060-059
PARCEL NUMBER: ROW5
DATE: MARCH 12,2013
PROPERTY DESCRIPTION
A tract or parcel of land No. ROW5 of the Larimer County Project Code 17907, Project
Number BRO C060-059, containing 7,839 square feet(0.180 acre), more or less, being part of the
South Half of the North Half of the Southeast Quarter of the Northeast Quarter (S1/2 N1/2 SE1A
NEI/4) (the original GLO plat designates the South Half of the said Northeast Quarter as Lot No.
1, however said GLO plat also states that the said South Half contains 80 acres, implying that it is
aliquot, therefore I am assuming in this description that the said South Half is aliquot) of Section
Three (3), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal
Meridian (6`s P.M.), County of Larimer, State of Colorado, and being more particularly described
as follows:
COMMENCING at the East Quarter(El/4) corner of said Section 3, being
monumentalized by a#6 rebar with a 2 ''/x" diameter aluminum cap stamped"PLS 4502, 1997"in a
monument box;THENCE North 0099'31"East along the East line of the Northeast Quarter
(NE 1/4) of said Section 3 a distance of 663.15 feet to the Southeast comer of the South Half of the
North Half of the Southeast Quarter of the Northeast Quarter(S1/2 NI/2 SETA NE1/4)of said
Section 3;THENCE North 89°51'33"West along the South line of the South Half of the North
Half of the Southeast Quarter of the Northeast Quarter(S1/2 NI/2 SEl/4 NEI/4)of said Section 3
a distance of 20.00 feet to the West 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 West Right-of-way line being Twenty (20)feet, as
measured at a right angle, West of and parallel with the East line of the Northeast Quarter(NEl/4)
of said Section 3, said point being the POINT OF BEGINNING;
I. THENCE continuing North 89'51'33" West along the South line of the South Half of the
North Half of the Southeast Quarter of the Northeast Quarter(S 1/2 NI/2 SE1/4 NEl/4) of
said Section 3 a distance of 10.00 feet to the Southeast comer of that parcel of land
described in that Warranty Deed recorded December 12, 1967 in Book 1376 at Page 686 of
the records of the Larimer County Clerk and Recorder;
2. THENCE North 00'19'31" East along the East line of that parcel of land described in said
Warranty Deed a distance of 20.00 feet to the Northeast corner of that parcel of land
described in said Warranty Deed;
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3. THENCE North 89151'33"West along the North line of that parcel of land described in
said Warranty Deed a distance of 10.00 feet to a point being Twenty(20) feet, as measured
at a right angle, West of said West Right-of-way line;
4. THENCE North 00°19'31"East along a line being Twenty (20) feet, as measured at a right
angle, West of and parallel with said West Right-of-way line a distance of 241.58 feet;
5. THENCE North 76054'32" West a distance of 28.67 feet;
6. THENCE North 13°05'28"East a distance of 65.18 feet to the North line of the South Half
of the North Half of the Southeast Quarter of the Northeast Quarter(S 1/2 N 1/2 SEl/4
NEl/4)of said Section 3;
7. THENCE South 89054'15"East along the North line of the South Half of the North Half of
the Southeast Quarter of the Northeast Quarter(Sl/2 N1/2 SE1/4 NE]/4) of said Section 3 a
distance of 33.56 feet to said West Right-of-way line;
8. THENCE South 00°19'31" West along said West Right-of-way line a distance of 331.56
feet to the POINT OF BEGINNING.
The above-described parcel contains 7,839 square feet (0.180 acre),more or less..
Basis of Bearings:The basis of bearings for project reference is the East line of the
Northeast Quarter(NE1/4) of Section Three(3), Township Seven North(T.7N.),Range Sixty-nine
West(R.69W.) of the Sixth Principal Meridian(6a'P.M.), County of Larimer, State of Colorado,
being monumentalized by a 46 rebar with a 2 %:" diameter aluminum cap stamped "PLS 4502,
1997" in a monument box at the South end and by a 46 rebar with a 2 %2"diameter aluminum cap
stamped "PLS 29407, 2005" in a monument box at the North end,bearing North 00°19'31"East,
being a Grid Bea-ring of the Colorado State Plane Coordinate System,North Zone,North American
Datum 1983/92, a distance of 2616.78 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."
For and on the behalf of the
Colorado Department of Transportation P o u PN
Michael Chad Dilka,PLS 38106 •. �o
King Surveyors,Inc. (Job#2011592)
650 East Garden Drive v g 3g106 : o
Windsor,CO 80550 0 • }
(970) 686-5011 FS°��.• ��'��.3JQ
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North Shields Pond Temporary Easement
EXHIBIT' "
PROJECT CODE: 17907
PROJECT NUMBER: BRO C060-059
PARCEL NUMBER: TE5
DATE: MARCH 12,2013
PROPERTY DESCRIPTION
A tract or parcel of land No. TE5 of the Larimer County Project Code 17907, Project
Number BRO C060-059, containing 11,053 square feet(0.254 acre), more or less, being part of the
South Half of the North Half of the Southeast Quarter of the Northeast Quarter (S1/2 NI/2 SE1/4
NEI/4) (the original GLO plat designates the South Half of the said Northeast Quarter as Lot No.
1, however said GLO plat also states that the said South Half contains 80 acres, implying that it is
aliquot, therefore 1 am assuming in this description that the said South Half is aliquot) of Section
Three (3), Township Seven North (17.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal
Meridian (6's P.M.), County of Latimer, State of Colorado, and being more particularly described
as follows:
COMMENCING at the East Quarter(El/4) comer of said Section 3, being
monumentalized by a#6 rebar with a 2 %2" diameter aluminum cap stamped"PLS 4502, 1997" in a
monument box; THENCE North 00119'31"East along the East line of the Northeast Quarter
(NEl/4)of said Section 3 a distance of 663.15 feet to the Southeast comer of the South Half of the
North Half of the Southeast Quarter of the Northeast Quarter(S1/2 N1/2 SEl/4 NE1/4)of said
Section 3;THENCE North 89°51'33"West along the South line of the South Half of the North
Half of the Southeast Quarter of the Northeast Quarter(Sl/2 NI/2 SEIA NE1/4) of said Section 3
a distance of 30.00 feet to the Southeast corner of that parcel of land described in that Warranty
Deed recorded December 12, 1967 in Book 1376 at Page 686 of the records of the Larimer County
Clerk and Recorder; THENCE North 00'19'31"East along the East line of that parcel of land
described in said Warranty Deed a distance of 20.00 feet to the Northeast corner of that parcel of
land described in said Warranty Deed; THENCE North 89°51'33"West along the North line of
that parcel of land described in said Warranty Deed a distance of 10.00 feet to a point being Forty
(40)feet,as measured at a right angle, West of the East line of the Northeast Quarter (NEI/4) of
said Section 3, said point being the POINT OF BEGINNING;
1. THENCE continuing North 89°51'33"West along the North line of that parcel of land
described in said Warranty Deed a distance of 40.00 feet to a point being Eighty(80) feet,
as measured at a right angle, West of the East line of the Northeast Quarter (NE1/4)of said
Section 3;
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North Shields Pond Temporary Easement
2. THENCE North 00°19'31" East along aline being Eighty(80)feet, as measured at a right
angle, West of and parallel with the East line of the Northeast Quarter(NEI/4)of said
Section 3 a distance of 311.51 feet to the North line of the South Half of the North Half of
the Southeast Quarter of the Northeast Quarter (S 1/2 NI/2 SE1/4 NEl/4) of said Section 3;
3. THENCE South 89°54'15"East along the North line of the South Half of the North Half of
the Southeast Quarter of the Northeast Quarter(S 1/2 NI/2 SEIA NE1/4) of said Section 3 a
distance of 26.45 feet;
4. THENCE South 13°05'28" West a distance of 65.18 feet;
5. THENCE South 76°54'32"East a distance of 28.67 feet to a point being Forty (40)feet,as
measured at a right angle, West of the East line of the Northeast Quarter(NE I/4)of said
Section 3;
6. THENCE South 00°19'31" West along a line being Forty(40)feet, as measured at a right
angle, West of and parallel with the East line of the Northeast Quarter(NEI/4) of said
Section 3 a distahce of 241.58 feet to the POINT OF BEGINNING.
The above-described parcel contains 11,053 square feet(0.254 acre), more or less.
Basis of Bearings: The basis.of bearings for project reference is the East line of the
Northeast Quarter(NE1/4) of Section Three(3), Township Seven North(T.7N.),Range Sixty-nine
West(R.69W.) of the Sixth Principal Meridian(6a'P.M.), County of Larimer, State of Colorado,
being monumentalized by a#6 rebar with a 2 %"diameter aluminum cap stamped "PLS 4502,
1997" in a monument box at the South end and by a#6 rebar with a 2 '/z"diameter aluminum cap
stamped "PLS 29407,2005" in a monument box at the North end, bearing North 00°19'31"East,
being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American
Datum 1983/92, a distance of 2616.78 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."
For and on the behalf of the
Colorado Department of Transportation 0 J0F
Michael Chad Dilka, PLS 38106 ? s
King Surveyors, Inc. (Job#2011592)
650 East Garden Drive ;0 3g106 < 'orWindsor,CO 80550 9 • , s
(970) 686-5011 �s�j• 12•ZQt JQ
THE CITY OF FORT COLLINS NORTH SHIELDS STREET
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KING SURVEYORS PROJECT NO: 2011592
650 E.Garden Drive I Windsor,Colorado 80550 DATE: 7/7/2014
phone: (970) 686-5611 1 fax: (970)686-5821 CLIENT: INTERWEST
www.kingsurveyors.com DWG: ROW5 CITY