HomeMy WebLinkAbout122 - 09/16/2014 - AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY RAI ORDINANCE NO. 122, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A
TEMPORARY CONSTRUCTION EASEMENT ON CITY RAILBANKING PROPERTY
TO LARIMER COUNTY
WHEREAS, on July 18, 1989, the City entered into an Offer to Purchase and Interim
TrailUse/Railbanking Agreement with Burlington Northern Railroad Company (BNSF) in
accordance with Section 8(d) of the National Trails System Act (the "Railbanking Agreement");
and
WHEREAS, pursuant to the Railbanking Agreement, on May 18, 1990, BNSF
quitclaimed to the City its interest in certain railroad right-of-way located in Section 3, Township
7 North, Range 69 West of the 61h Principal Meridian, County of Latimer, State of Colorado,
identified in County records as parcel numbers 9703200949 and 9703406903 (the "City
Property"), subject to BNSF's right to reactivate the former rail line on such property in the
future; and
WHEREAS, the City Property is managed by the City's Parks Department as a potential
location for a future trail; 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 City also owns the land on both sides of the City Property in the area of
the Project, so the City would be the sole owner of the City Property if BNSF were ever to fully"
vacate its rights in the railroad right-of-way; and
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, to the extent of the City's interest in the City Property and subject to
any existing rights of BNSF; and
WHEREAS, the areas of the proposed roadway dedication and temporary construction
easement are described on Exhibits "A-I" 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
.063 acres in size, and the area of the temporary construction easement is .084 acres; and
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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
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.
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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. y
ED
Ma r
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on this 16th day of September, A.D. 2014.
Ma r
OF FO,p�
ATTEST:
or-
City Clerk OVA .. ...
00
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Railroad Corridor Parcels Right of Way
.. .. _ . .. EXHIBIT"A-1"
PROJECT CODE: 17907
PROJECT NUMBER:BRO C060-059
PARCEL NUMBER:ROW 12
DATE: MARCH 12,2013
PROPERTY DESCRIPTION
A tract or parcel of land No. ROW 12 of the Larimer County Project Code 17907, Project Number
BRO C060-059, containing 2,752 square feet(0.063 acre), more or less, being part of the former Right-of-
way of the Burlington Northern Railroad Company, also being part of that parcel of land described on
Exhibit A-4 in that Quitclaim Deed recorded June 4, 1990 as Reception No. 90023707 of the records of the
Larimer County Clerk and Recorder, also being part of Tract "C," Granada Heights, recorded August 27,
1979 as Reception No. 323945 of the records of the Lorimer County Clerk and Recorder, located in the
Southeast Quarter of the Southeast Quarter (SEl/4 SEI/4) of Section Three (3), Township Seven North
(T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6's RM), 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%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(SE1/4)of said Section 3 a distance of
1906.65 feet to the Northeasterly line of said former Right-of-way of the Burlington Northern Railroad
Company,also being the Northeasterly line of that parcel of land described on said Exhibit A-4;THENCE.
North 64°55'46"West along said former Northeasterly Right-of-way line,also being along the
Northeasterly line of that parcel of land described on said Exhibit A-4, a distance of 22.01 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(SE]/4)of said Section 3,said point being the POINT OF BEGINNING;
I. THENCE South 00°22'45"West along said West Right-of-way line a distance of 110.06 feet to the
Southwestoily line of said former Right-of-way of the Burlington Northern Railroad Company,also
being the Southwesterly line of that parcel of land described on said Exhibit A-4;
2. THENCE North 64°55'46"West along the Southwesterly line of said former Right-of-way of the
Burlington Northern Railroad Company,also being along the Southwesterly line of that parcel of
land described on said Exhibit A-4,a distance of 33.02 feet to the West Right-of-way line of North
Shields Street as established by said Granada Heights,said West Right-of-way line being Fifty(50)
feet,as measured at a right angle,West of and parallel with the East line of the Southeast Quarter
(SE]/4)of said Section 3,said(50')West Right-of-way line also being the East line of said Tract
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Railroad Corridor Parcels Right of Way
3. THENCE South 00`22'45"West along said(50')West Right-of-way line,also being along the East
line of said Tract"C"a distance of 41.07 feet to the Southerly line of said Tract"C;"
4. THENCE South 86°51'15"West along the Southerly line of said Tract"C"a distance of 10.02 feet
to a point being Ten(10)feet,as measured at a right angle,West of said(50')West Right-of-way
line;
5. THENCE North 00°22'45"East along a line being Ten(10)feet,as measured at a right angle, West
of and parallel with said(50')West.1 ght-of-way line and the Northerly extension thereof,a
distance of 67.11 feet;
6. THENCE South 89'37'15"East a distance of 25.00 feet to a point being Fifteen(15)feet,as
measured at a right angle, West of said(20')West Right-of-way line;
7. THENCE North 00022'45"East along a line being Fifteen(15)feet,as measured at a right angle,
West of and parallel with said(20')West Right-of-way line a distance of 77.74 feet to the
Northeasterly line of said former Right-of-way of the Burlington Northern Railroad Company,also
being the Northeasterly line of that parcel of land described on said Exhibit A-4;
8. THENCE South 64°55'46"East along the Northeasterly line of said former Right-of-way of the
Burlington Northern Railroad Company,also being along the Northeasterly line of that parcel of
land described on said Exhibit A-4,a distance of 16.51 feet to the POINT OF BEGINNING.
The above-described parcel contains 2,752 square feet(0.063 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(6'�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 North
end and by a 2 3/a"pipe with a 3 '/4" 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 DO tt
Colorado Department of Transportation pQ ,,.. .,•C
Michael Chad Dilka,PLS 38106
King Surveyors,Inc.(Job i12011592) ;O�
650 East Garden Drive p :2 38106 i o
Windsor,CO 80550 01. i
(970)686-5011 ms•3 11'J{)13;Q a
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Railroad Parcels Temporary Easement
EXHIBIT "A-2"
PROJECT CODE: 17907
PROJECT NUMBER: BRO C060-059
PARCEL NUMBER: TE12 !
DATE: MARCH 12,2613
PROPERTY DESCRIPTION
A tract or parcel of land No. TE12 of the Larimer County Project Code 17907, Project
Number BRO C060-059, containing 3,677 square feet (0.084 acre), more or less, being part of the
former Right-of-way of the Burlington Northern Railroad Company, also being part of that parcel
of land described on Exhibit A-4 in that Quitclaim Deed recorded June 4, 1990 as Reception No.
90023707 of the records of the Larimer County Clerk and Recorder, also being part of Tract"C,"
Granada Heights,recorded August 27, 1979 as Reception No. 323945 of the records of the Larimer
County Clerk and Recorder, located in the Southeast Quarter of the Southeast Quarter (SEI/4
SEI/4) of Section Three (3), 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 East Quarter(El/4)comer of said Section 3, being
momrmentalized 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 1906.65 feet to the Northeasterly line of said former Right-
of-way of the Burlington Northern Railroad Company,also being the Northeasterly line of that
parcel of land described on said Exhibit A-4;THENCE North 64°55'46"West along said former
Northeasterly Right-of-way line, also being along the Northeasterly line of that parcel of land
described on said Exhibit A-4, a distance of 38.52 feet to a point being Thirty-five(35)feet,as
measured at a right angle,West of 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 a line being Thirty-five(35) 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 a distance of 77.74 feet;
2. THENCE North 89'37'15"West a distance of 25.00 feet to a point being Sixty(60)feet,as
measured at a right angle, West of the East line of the Southeast Quarter(SEI/4)of said
Section 3;
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Railroad Parcels Temporary Easement
3. THENCE Soiith 00022'45"Wesfalong a line being Sixty(60)feet, as measured at a right
angle,West of and parallel with the Fast line of the Southeast Quarter(SEl/4) of said
Section 3 a distance of 67.11 feet to the Southerly line of said Tract"C;"
4. THENCE South 86°51'15"West along the Southerly line of said Tract"C" a distance of
10.02 feet to a point being Seventy (70)feet,as measured at a right angle, West of the East
line of the Southeast Quarter(SEl/4)of said Section 3;
5. THENCE North 00°22'45" East along a line being Seventy(70) feet, as measured at a right
angle,West of and parallel with the East line of the Southeast Quarter(SE1/4) of said
Section 3 a distance of 161.56 feet to said former Northeasterly Right-of-way line,also
being the Northeasterly line of that parcel of land described on said Exhibit A-4;
6. THENCE South 64°55'46"East along said former Northeasterly Right-of-way line,also
being along the Northeasterly line of that parcel of land described on said Exhibit A-4, a
distance of 39.52 feet to the POINT OF BEGINNING.
The above-described parcel contains 3,677 square feet(0.084 acre),more or less.
Basis of Bearings: The basis of bearings for project reference is the East line of the
Southeast Quarter(SE1/4) 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 '/2"diameter aluminum cap stamped"PLS 4502,
1997"in a monument box at the North end and by a 2%"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."
For and on the behalf of the
Colorado Department of Transportation P .�• • �F
Michael Chad Dilka, PLS 38106
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King Surveyors,Inc. (Job#20]1592) ;� �. Q
650 East Garden Drive 38106 n? o
Windsor,CO 80550 °. 3•�Z �i3 �w
(970)686-5011
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THE CITY OF ROW12 &FORT
COLLINS EXHIBIT A-3 NORTH SHIELDS STREET
BRIDGE REPLACEMENT
l ss�l/4sE1/4
CTC SECTION 3
GRANADA H&IGHTS
1775E=0FF0RTC0LLhVS 100' COMMUNICA77ON AND INGRESS
REC.NO,2610102SS3B & EGRESS TO INVES77GA7E AND
R£M£DIA7E ENVIRONMENTAL
CONTAYINA77ON AND HAZARDS
x EASEMENT TO BURLINGTON
NOR7HERN RAILROAD COMPANY
v (REC. NO. 90023707)
X
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O z w C, T7IE=OFFORTCOLLINS
o g X REC.NO.90f023707 LINE TABLE
aI
rn y X rn LINE BEARING LENGTH
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A=> ;a L1 S00'22'45"W 41.07'
-- LX 0 L2 S86'51'15"W 10.02'
N00*22'45"E 161.56' / m
—�"--- O No L3 N00'22'45"E 67.11'
A _ L3 _ ----- / r.
r- TE12 - L4 S86'51'15"W 10.02'
ai c�
r POINT OF �o V L6 N64'55'46"W 33.02'
L1 BEGINNING TE12—\ D o
JROW12 L_8 / m L7 S89'37'15"E 25.00'
L8 N00'22'45"E 77.74'
_ _N00'22'45"E 110.06' Lx I.X xa' '�
— — - L9 S64'55'46"E 38.52'
POINT OF BEGINNING ROW12 'b — ""c �"`
17+00 L10 564'55'46"E 16.51'
_ _ _ _ 1 e+oo
SECTION LINE - N00'22'45"E 2653.31 — L168 N64'55'46"W 22.01'
NORTH SHIELDS STREET
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40 20 0 40
A ; 38106o<Y 0 1"= 40'
.7.7.oi4,
ssi "."yJ NOTE: This exhibit drawing Is not intended to be a
monumentalized land survey. It's sole purpose Is as
a graphic representation to old In the visualization of
Michael Chad Dilka — On Behalf 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
650 E. Garden Drive I Windsor,Colorado 80550 DATE: 7/7/2014
V% phone: (970) 686-5011 1 fax: (970)686-5821 CLIENT: INTERWEST
vww.kingsurveyors.corn DWG: ROW12 CITY