HomeMy WebLinkAbout150 - 11/04/2014 - VACATING A CITY TRAIL EASEMENT AND ANY ASSOCIATED RIGHTS ON COLORADO STATE UNIVERSITY PROPERTY BETWE ORDINANCE NO. 150, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A CITY TRAIL EASEMENT AND ANY ASSOCIATED RIGHTS
ON COLORADO STATE UNIVERSITY PROPERTY BETWEEN CENTRE AVENUE
AND BAY ROAD
WHEREAS, in 1979 the CSU Research Foundation ("CSURF") granted the City. an
easement for open space use, including installation and maintenance of bike and pedestrian trails
(the "1979 Easement"), on property owned by CSURF between Centre Avenue and Bay Road
(the "CSURF Property"); and
WHEREAS, a copy of the 1979 Easement is attached and incorporate herein as Exhibit
"A"; and
WHEREAS, the City then constructed a section of the Spring Creek Trail on the CSURF
Property, but most of the trail was built outside the 1979 Easement; and
WHEREAS, in 2013 CSURF conveyed the CSURF Property to the Board of Governors
of the Colorado State University System, acting by and through Colorado State University
("CSU'); and
WHEREAS, in 2013, the City acquired a new trail easement from CSU and CSURF in a
different location to provide a better connection between the Spring Creek Trail and the Mason
Trail, and the old trail improvements were removed; and
WHEREAS, the City has no further need for the 1979 Easement; and
WHEREAS City staff is recommending that the 1979 Easement be vacated, and that the
City also vacate and abandon any associated rights in the CSURF Property that the City may
have acquired through construction of the former trail alignment outside the 1979 Easement; and
WHEREAS, such vacation 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 1979 Easement, more particularly described on Exhibit "A", is
hereby vacated, terminated and abandoned, along with any easement or other property rights the
City may have acquired through construction of the former trail alignment pursuant to the 1979
Easement but outside the area described in the 1979 Easement.
Section 2. That the Mayor is hereby authorized to execute such documents as the
City Manager, in consultation with the City Attorney, determines to be reasonable and
appropriate to further document the vacation, termination and abandonment of the easement and
other property rights as described in this Ordinance.
1
Introduced, considered favorably on first reading, and ordered published this 21st day of
October, A.D. 2014, and to be presented for final passage on the 4th day of November. A.D.
2014.
y OF FO/?T
o M yor
ATTEST: v `y
City ClerkAO�
Passed and adopted on final reading on the 4th day of November, A.D. 2014.
Ma�or
ATTEST:
D,� �
iq
City Clerk "
2
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SEPii W91 '•o1ddad�J4, EXHIBIT•A
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EASEMEM AGREEMENT .
11115 AGREEMEM, made and entered into this y c 5 day of
.4aA. Xyz', 1979, by and beteeen C.S.U. RESEARCH FOIJN0ATI0N, herein-
after referred to as the Grantor, and the CITY OF FORT COLLINS. a municipal
corporation, hereinafter referred to as the City. -
YITNESSETH:
That for and in consideration of the covenants and agreements here-
in and other valuable considerations, the Grantor has granted and conveyed,
and by these presents does grant and convey to the City, its successors
and assigns, for the use and benefit of the public a permanent right-of-way
easement for open space use, including the installation and maintenance of
bike and pedestrian trials in and upon land situate,in the County of Larimer.
State of Colorado, being described as follows, to-wft:
See Exhibit "A" attached hereto and by this
reference made a part hereof.
In addition thereto, there is also granted to the City a temporary
construction easement of forty-five (45) feet over and across the above-
described property for purposes of construction of said trails.
As part of the consideration hereof, and by acceptance of this
grant of right-of-way easement, the City shall, at its own cost and expense,
accomplish the items listed in Exhibit "B" attached hereto and by this
reference :rode a part hereof.
In addition, it is agreed by each of the parties hereto as follows:
1) It is specifically agreed that the City abali not permit any
motor vehicular use, including motor bikes, mopeds, motorcycles and similar
motor driven vehicles, on the right-of-way easement except for maintenance
purposes and except for Sherwood Irrigation Company ingress, egress and
ma i ntenanQ+pu rposes.
2) It is understood by the parties that the easement hereby granted
is to be a portion of a series of continuous easements which shall run from
College Avenue on the east to Shields Street on the west; therefore, it is
agreed that the easement subject of this agreement will not be available for
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use by the public until such time as it is part of a continuous easement,
with appropriate improvements, as described above.
3) The Grantor reserves the right -to occupy and use said property
for all purposes not inconsistent with the rights herein granted.
4) This right-of-way easement.is given and accepted subject to
the restriction that it shall be used by the City only for a open space and
trails system with allied accessory uses or it shall revert to the C.S.U.
Research Foundation or its successor.
5) Grantor acknowledges and agrees that this easement agreement
must-be approved by the Council of the City of Fort Collins. Accordingly,
Grautor agrees that for a period of not more than thirty (30) days after
execution of this easement agreement by Grantor, this easement agreement
shall constitute Grantor's irrevocable offer to convey the property described
herein to the City of Fort Collins in accordance with the terms and condi-
tions set forth in this easement agreement. In the event this easement
agreement is not accepted by the City of Fort Collins within the aforementioned
thirty (30) days, it shall be null and void and of no further force and
effect.
6. The City will submit drawings and specifications for the bike
trail and all its appurtenances to the C.S.U. Physical Plant Department
for prior review and approval.
7) The Grantor does hereby covenant with the City that the
Grantor is lawfully seized and :ossesscd of tl�c real property or miy
part thereof and that the Grantor warrants the title thereof.
8) Whenever used herein the singular shall include the plural,
the plural shall include the singular, the use of any gender shall be appli-
cable to all genders. All of the covenants herein shall be binding upon the
respective heirs, personal representatives, successors or assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals and
affixed their corporate seals, the day and year first hereinabove written.
SKI 984 PcU
COLORADO STATE tMIYERSITY RESEARCH
FOUNDATION
ATTEST:.
Secretary
•• J CITY OF FORT COLLINS. COLD 00•
A Nu ipal
JKikyor
�• ST:
d AS To F rm:
A,rQty Attomey
3
SKI 9 8 4 PO O 5
EXHIBIT 'A' ,
' LEGAL DESCRIPTION
COLORADO STATE UNIVERSITY RESEARCH FOUNDATION
Two easements for the purpose of an Open Space/Pedestrian-Bicycle Trail
situate in the S 1/2 of the HE 1/4 of Section 23. Township 7 North, Range 69
West of the 6th P.M., Larimer County, Colorado which are more particularly
described as follows:
TRACT 1
A 25 foot wide easement along the southerly side of Arthur's Ditch which
is 25 feet northerly of and at right angles to the following described southerly
sideline.
Considering the North line of the NE 1/4 of said Section 23 as bearing
N 890 47' 46" W and commencing at the iI 1/4 corner of said Section 23; thence
along the West line of said NE 1/4 S 0 09' 21' E 8171.11 feet to a point on
a 102.50 foot radius curve whose center bears N 18 12' 57" E. said point being
the True Point of Beginning of the sideline to be.described herein; thence south-
. easterly along said curve to the left through a central angle of 180 40' 43'
an arc distance of 33.42 feet; thence N 89 32' 14" E 172.11 feet to the beginning
of a 187.50 foot radius tangent curve concave southerly; thence along said curve
to the right through a central angle of 32 25' 53" an arc distance of 106.13
feet; thence S 58 01' 53' E 139.13 fret to the beginning of a 212.50 foot
radius tangent curve concave Bortherly; thence along said curve to the left
through a central angle of 44 15' 00' an arc distance of 164.12 feet to a point
of reverse curvature; thence along a 262.50 foot radius curve to the right through
a central angle of 240 01' 30" an arc distance of 110.07 feet; thence S 780
15' 23" E 126.15 feet to the beginning of a 262.53 foot radius tangent curve
concaae northerly; thence along said curve to the left tf:r8ugh a central angle
of 24 40' 45' an arc distance of 113.07 feet; thence M 77 03' 52" E 223.36
feet to the beginning of a 62.50 foot radius tangent curve concave southerly;
thence along said curve to the right through a central angle of 4O0 08' 05'
an arc distance of 43.78 feet; thence S 62 48' 03" E 115.96 feet to the beginning
of a 262.50 foot radius tangent curve concave northerly; thence along said curve
to the left through a central angle of 34 01' 50" an arc distance of 155.91
feet; thence N 83 10' 07" E 29.54 feet to the beginning of a 372.50 foot radius tan-
gent • curve concavg northerly; thence along said curve tc the left through a
central angle of 21 37' 19" an arc distance of 140.57 feet to a p. ' of com-
pound curvature; thence along a 672.50 foot radius curve concave ni,...,erly to
the left through a central angle of 140 19' 03" an arc distance of 168.05 feet;
thence N 47 13' 45" E 45.50 feet to the beginning of a 47.50 fout radius tan-
gent curve concave southeasterly; thence along said curve to Vie right through
a central angle of 44 20' 04" an arc distance of 36.7E icet Lb Ue Lerwinus of
the southerly boundary. The northerly boundary of said 25 foot easement is to
be extended northwesterly to terminate at n point on the ,"t line of the NE
1/4 of said Section 23 and said 25 foot easement contains 1.1041 ac es, more
or less.
Also the following described easement:
TRACT 2
Considering the North line of the WE 1/4 of Section 23, Township Z North,
Range 69 Nest of the 6th P.M., Larimer ^mty. Colorado z. Dearinn G 139 47' 46"
W and with all bearings contained herein relativg thereto and commenting at
the E 1/4 corner of said Section 23; thence N 58 14' 50" W 907.17 feet to a '
point on the westerly boundary of the Colorado and Southern Railroad, said
point being the True Point of Beginning of the tract to be herein described;
thence H 880 26' 11" W 80.34 feet to the tenninal point of the previously o
described southerly boundary; thence N 10 33' 49" 1 25.00 feet; thence N 30
22' 16" E 138.28 feet to a point 25.00 feet from and at right angles to the
westerly boundary of the Colorado and Southern Railroad; thence paratlzl with
said westerly boundary N 6 01' 39" E 185.69 feet; thence S 83 58' 21' E
25.00 feet to a point on the westerly boundary ofothe Colorado and Southern
Railroad; thence along said westerly boundary S 6 01' 39" W 330.44 feet to
the Point of Beginning, containing 0.3021 acres of land more or less.
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CITY OF FORT COLLINS COLORAI a Imo ' " ° " S.vvNc CREJ- TRAIL Iw..
ENGINEERING DIVISION �w/•l�, Lea:: L..L—..r �„—1 raaeuo imR II2"R!4/RLYASN I'OLltlV m a, �
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EXHIBIT •B•
The City agrees to:
1) Use 'a licensed surveyor to verify and stake the legal de-
scription for the easement, and to attach ev'idence of same to this agreee-
rent as Exhibit W.
2) Fence the west boundary of the easement beginning at the C d .
r S Tunnel and ending at the Sherwood Lateral Ditch with a six (6') foot -
:. chain.link fence.
3) Construct a 10-bar woven wire fence along the south boundary
of the easement paralleling the Sherwood Lateral Ditch. It shall be
sufflcient to keep those using the trail off the property belonging to
C.S.U. Research Foundation, and to keep C.S.U. livestock off the trail.
Also, the trail corridor enclosed by the fence shall be wide enough for
Sherwood Irrigation Company maintenance vehicles. Heavy equipment for
maintenance purposes will use the north side of the ditch. Gates will be
provided in the fence at the east and west ends of the easement for C.S.U.
and Ditch Company's use.
4) plant twelve (12) drought resistent trees along the easement
paralleling the Sherwood Lateral Ditch. It is understood that these trees
will not be planted on the ditch bank but on the south side of the easement.
5) Sa,,struct a timporary S.neinood Lateral I)itcL 6r.•csirrg until
a permanent crossing can be built. Construct a permanent crossing at least
24 feet wide and designed to conform to HS-20 loading. Permanent crossing
to be built no later than May, 1981, or the easement agreement will become
null and void and of no further force and effect. the ditch crossing
agreement will be negotiated under separate contract with the Sherwood
Irrigation Company.
6) provide regular maintenance and periodic renovation, of the
fencing and trail asphalt constructed in accordance with the purposes for
whirh this naspment is granted; provided, however, that said property shall
V-
G P„ I
EXHIBIT •P•
Page Two
continue to be used for the purposes contained herein.
7) Construct culverts as necessary to alleviate excess irriga-
tion rater from fields to the south of the easement. It is understood that
such culverts will have concrete spillways into the ditch.
8) Reconstruct the farm road presently located on the southern
margin of the Sherwood Lateral Ditch with a farm road of equal Quality to
be located south of the bicycle path easement.
• 9) Obtain appropriate Sherwood Ditch Company approvals for
the bicycle path and ditch crossings and to attach evidence of same to this
agreement as Exhibit •C•. ,
EXH1817 •C
STOVER, BRANDES 6 FARRINGTON �.
. ATTaRNVM AT LAW .. .
W aAA a"fAiaT
w�uaw C.wva a Io�T Cour�s,CW.wwm .
' /�Wt1.T ar.�uwOaa.Jt nAl•iN.\.::•�v
•i.�(•.' .. .. .. . _ _ •phi'�P;N1i�15
August 10,.-1
lye. a'a;':`� - -- ?:1: .. - �_•=;` ?:'- ': �' -'�"'w�.�:
• Mx�, Asr: AtOn•Alilla ! _:.�,- .. - - - �,� �>�a?iSRE3�3i15 _`: :�'.;. i
Tight-of-ray Agent
City of Yort Collins .
P. O. 'B.x 580
Fort Collins, Colorado . 80522
REt CSU easement agreement (South Campus)
Dear
With the changes heretofore made and incorporated at the ,
suggestion of The Sherwood Irrigation Company, the easement
agreement between CSU Research Foundation and The City of
Fort Collins, Colorado meets with the approval of The Sherwood
Irrigation Company.
Very truly yours,
WilliamC. S ver; ecretary
KCS:S1
Rr. Lave i•:cClintock -