HomeMy WebLinkAbout1989-094-04/18/1989-AUTHORIZING THE CITY STAFF TO TAKE SUCH ACTIONS AS ARE NECESSARY TO PARTIALLY WITHDRAWN THE CITYS AP RESOLUTION 89-94
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY STAFF TO TAKE
SUCH ACTIONS AS ARE NECESSARY TO PARTIALLY
WITHDRAW THE CITY'S APPLICATION FOR A
RAILS TO TRAILS CONVERSION OF A PORTION OF
THE BURLINGTON-NORTHERN RAILROAD REX LINE
WHEREAS, on October 4, 1988, the Council of the City of Fort Collins
adopted Resolution 88-156 authorizing the purchase and rails to trails
conversion of a portion of the Burlington-Northern Railroad Rex Line; and
WHEREAS, in pursuance of said resolution, the City, on December 16,
1988, filed a petition with the Interstate Commerce Commission indicating
its interest in acquiring said railroad line for interim trail use and
railbanking purposes, and also filed with the Interstate Commerce
Commission its statement of willingness to assume financial responsibility
for the corridor; and
WHEREAS, the Council hereby finds that the filing of said application
for rails to trails conversion has served as a catalyst in the negotiation
for a portion of the route for the extension of the City's trail system;
and
WHEREAS, the Council further finds that said application for rails to
trails conversion should be partially withdrawn; and
WHEREAS, the Council further finds that the City staff should proceed
with the acquisition of the ownership of the railroad line from the
intersection of the east line of Loomis Street (extended) northwesterly to
the intersection of said line with the east boundary of Wood Street, for a
total purchase price not to exceed Sixty-seven Thousand Nine Hundred Six
Dollars ($67,906) , and should proceed with the acquisition of that portion
of the railroad line from Wood Street to that point where the said railroad
line intersects the west line of Section 33, Township 8 North, Range 69
West of the 6th P.M. (milepost 77.83) for the sum of One Thousand Dollars
($1,000) .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1 . That the City Manager be, and he hereby is, authorized to
enter into a sale-purchase agreement with the Burlington-Northern Railroad
for the purchase of the Rex Line from its intersection with the east
boundary of Loomis Street (extended) northwesterly to the intersection of
said line with the east boundary of Wood Street, for a total purchase price
not to exceed Sixty-seven Thousand Nine Hundred Six Dollars ($67,906) , with
the actual purchase price to be established based upon the area of land
included in the acquisition as shown by subsequent survey; and for the
purchase of that portion of said line from Wood Street to that point where
the said railroad line intersects the west line of Section 33, Township 8
North, Range 69 West of the 6th P.M. (milepost 77.83) for the sum of One
Thousand Dollars ($1,000) .
Section 2. That the City Manager be, and he hereby is, authorized to
file a partial withdrawal of the City's application as filed on December
16, 1988, with the Interstate Commerce Commission of the United States of
America, which application indicated the City's interest in acquiring the
railroad line for interim trail use and railbanking purposes and indicated
the City's willingness to assume financial responsibility for said
corridor, said application having been filed pursuant to Section 8(d) of
the National Trails Act, 16 U.S.C. §1247(d) , said partial withdrawal to
apply only to that portion of the Rex Line that extends northwesterly of
that point where the said railroad line intersects the west line of Section
33, Township 8 North, Range 69 West of the 6th P.M. (milepost 77.83) .
Section 3. That the City Manager be, and he hereby is, authorized to
negotiate the purchase of right-of-way for trail purposes as necessary to
ultimately extend the trail to the City's existing property located
adjacent to and to the west of Overland Trail Road (known as the old Water
Works property) . In the event that a negotiated purchase has not been
agreed upon by the date the Interstate Commerce Commission rules favorably
on the amended application for conversion, the City Manager shall present
to the Council the most optimum route for trail completion to the old Water
Works property. At such time, Council shall consider directing the City
Attorney to commence legal proceedings for the purpose of acquisition of
said right-of-way by exercise of the City's power of eminent domain.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 18th day of April , A.D. 1989.
Mayor J
ATTEST:
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City Clerk