HomeMy WebLinkAbout176 - 01/02/2018 - DECLARING CERTAIN CITY-OWNED PROPERTY CONSISTING OF A PORTION OF TRACT A, PROSPECT INDUSTRIAL PARK, ORDINANCE NO. 176, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY CONSISTING OF A PORTION OF
TRACT A, PROSPECT INDUSTRIAL PARK, CURRENTLY OWNED BY THE CITY OF
FORT COLLINS FOR THE BENEFIT OF THE WASTEWATER UTILITY ENTERPRISE AS
ROAD RIGHT-OF-WAY FOR THE PROPOSED SHARP POINT DRIVE EXTENSION
WHEREAS, the City, for the benefit of the Wastewater Utility Enterprise, owns a certain
property known as Tract A Prospect Industrial Park, a 1.9-acre parcel which was originally platted
as a Public Access and Loading Easement in the 1970s; and
WHEREAS, a connection between Sharp Point/Midpoint and Nancy Gray has been on the
City's Master Street Plan since 1998 and recent multi-use development in the area has made the
connection a high priority for the City; and
WHEREAS, City Staff is requesting that the City Council declare approximately 1.4 acres
of Tract A as a right-of-way to facilitate the construction of Sharp Point Drive, and the remainder
of Tract A will remain owned by the City for the benefit of the Wastewater Utility Enterprise; and
WHEREAS, Article XII, Section 6 of the City Charter requires that all revenues of the
City's utilities be expended only for utility purposes determined by the Council to be beneficial to
the ratepayers; and
WHEREAS, in exchange for converting 1.4 acres of Tract A to a General Fund purpose,
the City's Engineering Department will work with Utilities staff to determine an appropriate
location for a curb cut and drive approach to serve the parcel for potential future development and
credit the Wastewater Utility Enterprise the value of repay and right-of-way dedication
requirements upon development of the property for approximately $100,00. 0 in 2017 dollars; and
WHEREAS, converting a piece of property owned by the City in fee simple to right-of-
way constitutes a conveyance of an interest in the property,as doing so creates certain public rights
.in the property that would not otherwise exist on City-owned property; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of any interests in real property owned by the City, provided
the City Council first finds, by ordinance, that such sale or other disposition is in the best interest
of the City and, for property that is part of the City's water or utility systems, the City Council
must also find that the disposition of the property will not materially impair the viability of the
system as a whole, and will be for the benefit of the citizens of the City; and
WHEREAS, the City Council determines that converting 1.4 acres of Tract A to right-of-
way to facilitate the construction of Sharp Point Drive is in the best interest of the City and will
benefit the citizens of the City because construction of the road is a high priority to address traffic
needs in the surrounding area; and
WHEREAS, the City Council determines that converting 1.4 acres of Tract A to right-of-
-1-
way will not impair the viability of the wastewater system as a whole, and is beneficial to the
ratepayers of Wastewater Utility Enterprise because the Enterprise will be credited the value of
repay and right-of-way dedication requirements.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby declares that the real property described as
Exhibit "A" shall constitute right-of-way for Sharp Point Drive and related improvements,
including without limitation public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and other such related purposes as may now or in the future be
determined appropriate, and hereby finds that such declaration is in the best interest of the City.
Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder's office once the Ordinance becomes
effective in accordance with Article II Section 7 of the City,Charter.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December,A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018.
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Passed and adopted on final reading on the 2nd day of January, A.D. 2018. '
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Exhibit "A" Page 1 of 2
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DESCRIPTION OF PROPERTY OWNED BY THE CITY OF FORT COLLINS
TO BE CONVERTED TO RIGHT OF WAY
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 20,TOWNSHIP
7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; BEING A PORTION OF TRACT A,
PROSPECT INDUSTRIAL PARK SUBDIVISION; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF NANCY GRAY AVENUE AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE
GREAT WESTERN RAILROAD AS SHOWN ON THE PLAT OF BUCKING HORSE FILING
FOUR, SAID POINT BEING MONUMENTED BY A NO.4 REBAR WITH BLUE PLASTIC CAP
STAMPED LS 37963,AND CONSIDERING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
THE GREAT WESTERN RAILROAD TO BEAR N49°20'39"W,WITH THE NORTHWESTERLY
END OF SAID LINE BEING MONUMENTED BY A NO. 4 REBAR WITH BLUE PLASTIC CAP
STAMPED LS 37963 (BEING A POINT ON LINE 2001.66 FEET DISTANT FROM THE POINT
OF COMMENCEMENT,AS SHOWN ON THE PLAT OF BUCKING HORSE FILING ONE),
BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE N31°52'03"E,A DISTANCE OF 101.19 FEET TO THE POINT OF INTERSECTION OF
THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD AND
THE SOUTHEASTERLY BOUNDARY OF THE MIDPOINT SELF STORAGE SUBDIVISION,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND ITS NORTHEASTERLY
PROLONGATION, N32°54'37"E,A DISTANCE OF 744.65 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF MIDPOINT DRIVE AS SHOWN ON THE PLAT OF
PROSPECT INDUSTRIAL PARK;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S73°48'24"E, A DISTANCE OF
82.35 FEET TO THE NORTHEAST CORNER OF TRACT A OF SAID PROSPECT INDUSTRIAL
PARK SUBDIVISION;
THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID TRACT A AND ITS
SOUTHWESTERLY PROLONGATION, S32049'44"W,A DISTANCE OF 779.22 FEET TO A
POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN
RAILROAD;
THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, N49°20'39"W,A DISTANCE
OF 80.71 FEET TO THE POINT OF BEGINNING.
CONTAINING 60,520 SQUARE FEET (1.389 ACRES), MORE OR LESS, AND BEING
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST
ON THE GROUND.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND.IS TRUE
AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND
OPINION.
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 i)O,REr',ST
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS F5,
P.O. BOX 580, FORT COLLINS, CO 80522
0 31169
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Exhibit "A" Page 2 of 2
EXHIBIT OF
PROPERTY OWNED BY THE CITY OF FORT COLLINS TO BE
CONVERTED TO RIGHT OF WAY
LOCATED IN THE SOUTHEAST QUARTER OF
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SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST
OF THE SIXTH'PRINCIPAL MERIDIAN
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NOVEMBER 27, 2017
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9 MIDPOINT SELF
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STAMPED LS 37963
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FOUND NO. 4 REBAR WITH
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OBLITERATED CAP, LYING
o POINT OF COMMENCEMENT, INTERSECTION N32'49'44"E, 1.99' FROM
OF THE NORTHWESTERLY R.O.W. LINE ACCEPTED CORNER
2 OF NANCY GRAY AVENUE AND THE
SOUTHWESTERLY R.O.W. LINE OF THE
GREAT WESTERN RAILROAD,
a CAPND NO. 4 REBAR STAMPED L S 379 3TM PLASTIC ,Q cIlF
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d L7 N31'52'03"E 101.19'
2 L2 N49'20'39"W 80.71'
d L3 S49'20'39"E 119.27' ,DO REG/S 1p
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THIS EXHIBIT'S SOLE INTENT IS TO GRAPHICALLY REPRESENT AND • .p 31 69
n AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT -0
o REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. ' %'JIO ZO/ �
rn 38-51-102. IN.THE EVENT OF DIFFERENCES BETWEEN THIS EXHIBIT AND F
+= THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED
WITHIN THE ATTACHED PROPERTY DESCRIPTION TAKES PRIORITY. SAL LAW
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