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HomeMy WebLinkAbout120 - 09/16/2014 - AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PRO ORDINANCE NO. 120, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON POUDRE RIVER TRAIL PROPERTY 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 h Principal Meridian, County of Larimer, State of Colorado, identified in County records as parcel number 9703100945 which is part of the Poudre River Trail west of Shields Street (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-l" and "A-2" and shown on Exhibit "A-3", attached and incorporated herein by reference (the "Property Interests"); and WHEREAS, the portion of the property to be dedicated for highway purposes is .037 acres in size, and the area of the temporary construction easement is .134 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 value of the improvements the County will provide exceed the fair market value of the requested property interests; and WHEREAS, City staff recommends that the City Council authorize the granting of the Property Interests as described in this Ordinance; and - 1 - 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. ayor ATTEST: �L V:ORTC Chief Deputy City Clerk = SEA e COL OR ADO - 2 - Passed and adopted on final reading on this 16th day of September, A.D. 2014. May r ATTEST: OF.FO��, City Clerk �Oh'ADO Poudre River Trail Property West of Shields Right of Way EXHIBIT "A-I" PROTECT CODE: 17907 PROJECT NUMBER:BRO C060-059 PARCEL NUMBER:ROWS - DATE:MARCH 12,20I3 PROPERTY DESCRIPTION A tract or parcel of land Nye.ROWS of the Larimer County Project Code 17907,Project Number BRO C060- 059, containing 1,614 square feet(0.037 acre),more or less,being part of that parcel of land described in that Warranty Deed recorded May 9, 1979 in Book 1950 at Page 599 of the records of the Lorimer County Clerk and Recorder, located in the Northeast Quarter of the Southeast Quarter(NEl/4 SEl/4)of Section Three(3),Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6`h P.M.), County of Lorimer, 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 h"diameter aluminum cap stamped"PLS 4502, 1997"in a monument box;THENCE South 00°22'45"West along the East line of the Southeast Quarter(SEI/4)of said Section 3 a distance of 316.76 feet to the Southwesterly line of that parcel of land described in that Warranty Deed recorded September 17, 1952 in Book 938 at Page I of the records of the Latimer County Clerk and Recorder;THENCE North 58056'36"West along the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 938 at Page I a distance of 23.25 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 Southeast Quarter(SEI/4) of said Section 3,said point being the POINT OF BEGINNING; 1. THENCE South 00°22'45"West along said West Right-of-way line a distance of 30.31 feet to the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 1950 at Page 599; 2. THENCE North 63.43'17"West along the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 1950 at Page 599 a distance of 53.11 feet; 3. THENCE North 03°23'21"West a distance of 36.97 feet to the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 938 at Page 1; 4. THENCE South 58°56'36"East along the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 938 at Page 1 a distance of 58.38 feet to the POINT OF BEGINNING The above-described parcel contains 1,614 square feet(0.037 acre),more or less. Basis of Bearings:The basis of bearings for project reference is the East line of the Southeast Quarter(SEI/4) of Section Three(3),Township Seven North(T.7N.),Range Sixty-nine West(R,69 W.)of the Sixth Principal Meridian (6ih P.M.),County of Latimer,State of Colorado,being monumentalized by a 46 rebar with a 2'/2"diameter aluminum cap stamped"PLS 4502, 1997"in a monument box at the North end and by a 2%"pipe with a 3 %T 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." For and on the behalf of the Colorado Department of Transportation • 0 0 F S Michael Chad Dilka,PLS 38106 C King Surveyors,Inc.(Job#2011592) Z ; 650 East Garden Drive o X; on Windsor,CO 80550 p 38106 y:o (970)686-5011 s •• :5� oN ,L.. Poudre River Trail Property West of Shields Temporary Easement EXHIBIT "A 2" PROJECT CODE: 17907 PROJECT NUMBER:BRO C060-059 PARCEL NUMBER:TE8 DATE:MARCH 12,2013 PROPERTY DESCRIPTION A tract or parcel of land No. TES of the Latimer County Project Code 17907, Project Number BRO C060- 059,containing 5,857 square feet(0.134 acre),more or less,being part of that parcel of land described in that Warranty Deed recorded May 8, 1979 in Book 1950 at Page 599 of the records of the Larimer County Clerk and Recorder, located in the Northeast Quarter of the Southeast Quarter(NEI/4 SEI/4)of Section Three(3),Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6i° 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 136 rebar with a 2%:"diameter aluminum cap stamped"PLS 4502, 1997"in a monument box;THENCE South 00°22'45"West along the East line of the Southeast Quarter(SEI/4)of said Section 3 a distance of 316.76 feet to the Southwesterly line of that parcel of land described in that Warranty Deed recorded September 17, 1952 in Book 938 at Page I of the records of the Larimer County Clerk and Recorder;THENCE North 58056'36"West along the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 938 at Page I a distance of 81.63 feet to the POINT OF BEGINNING; 1. THENCE South 03°23'21"East a distance of 36.97 feet to the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 1950 at Page 599; 2. THENCE North 63043'17"West along the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 1950 at Page 599 adistance of 71.30 feet; 3. THENCE North 52031'25"West continuing along the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 1950 at Page 599 a distance of 131.43 feet; 4. THENCE North 31°03'24"East a distance of 21.73 feet to the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 938 at Page 1; 5. THENCE South 58056'36"East along the Southwesterly line of that parcel of land described in said Warranty Deed recorded in Book 938 at Page I a distance of 180,75 feet to the POINT OF BEGINNING. The above-described parcel contains 5,857 square feet(0.134 acre),more or less. Basis of Bearings:The basis of bearings for project reference is the East line of the Southeast Quarter(SEI/4) of Section Three(3),Township Seven North(T.7N.),Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian (61b P.M.),County of Larimer,State of Colorado,being monumentalized by a 46 rebar with a 2 VT diameter aluminum cap stamped"PLS 4502, 1997"in a monument box at the North end and by a 2'G"pipe with a 3 'b" diameter aluminum cap stamped"PLS 20123"in a monument box at the South end,hearing 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." For and on the behalf of the Q 1CF Colorado Department of Transportation Q Michael Chad Dilka,PLS 38106 King Surveyors,Inc.(Job N 2011592) 650 East Garden Drive 38106 v o Windsor,CO 80550 ;� 1> (970)686-5011 �, >3 �Z 70;'Au �S •• � JQ LP THE CITYROWS & R ECOLLINS EXHIBIT A-3 NORTH SHIELDS STREET B BRIDGE REPLACEMENT LINE TABLE LINE BEARING LENGTH Tfl6'CTY0FFORT COLL,ws L53 S52'31'25"E 32.23' BOOKI95OPAGE-fW L54 S52'31'25"E 99.20' � ..` L57 S63'43'17"E 71.30' L59 N63'43'17"W 53.11' hk /. • L60 S03'23'21"E 36.97' L61 N31'03'24"E 21.73' SECTION 3 ,��� L63 S58'56'36"E 11.87- •4/ hro L64 S58'56'36"E 46.51' / TES ;.ra 4o u L65 N00'22'45°E Pom zmpo 4) ov A ^ ..'� O' A by •� 0 0 t: p D p (- YYY o n m co 0 0 POINT OF TO uo', a x � '.' L60 �h BEGINNING TIES zm '< o �0 ROWS a , . rn % 'cn D L65 • POINT OF BEGINNING ROWS 4— t�� 34+00 _ 35+00 33+00_ _ — I t .....� ...S�iIO�NwLINE N00'22'45"E,..2653_31 � 7- NORTH SHIELDS STREET - P /0 LCF ' • % 40 20 0 40 38106 o 1"= 40' S' •,.•�JQ' NOTE: This exhibit drawing is not intended to be a monumentallzed land survey. It's sole purpose is as LP a graphic representation to aid in the visualization of Michael Chad Dilka — On ehalf Of King Surveyors the written property description which it accompanies. Colorado Licensed Professional Land Surveyor #38106 The written property description supersedes the exhibit drawing. KING SURVEYORS PROJECT NO: 2011592 04 650 E. Garden Drive 1 Windsor,Colorado 80550 DATE: 7/7/2014 phone: (970) 686-5011 1 fax: (970)686-5821 CLIENT: INTERWEST www.ltingsnrveyors.com DWG: ROWS CITY