HomeMy WebLinkAbout2006-049-05/02/2006-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND COLORADO STATE RESOLUTION 2006-049
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND COLORADO STATE UNIVERSITY
TO CONVEY RIGHT-OF-WAY TO THE CITY AS PART OF THE
EAST PROSPECT ROAD IMPROVEMENT PROJECT
WHEREAS, Colorado State University("CSU")has agreed to convey to the City a strip of
property adjoining East Prospect Road to be used as right-of-way to widen the road as part of the
East Prospect Road Improvement Project(the"Project"); and
WHEREAS,the City will pay CSU fair market value of$12,525 for the property conveyed;
and
WHEREAS, in addition to the compensation described above and the usual terms and
conditions of a real property conveyance, CSU is requiring that the City do additional work to
mitigate the impact of the Project on CSU's remaining property; and
WHEREAS, these additional work items, which have been made part of the contractor's
scope of work for the Project, include constructing a public parking area on adjacent City property
and access to CSU's property from such parking area; removing an existing sign, fencing and gate
from CSU's property and delivering them to another location; removing gravel, dirt and other
materials from CSU's property and doing restoration work on the property,and wetland mitigation;
and
WHEREAS, these work items, as well as other terms and conditions of the property
conveyance, are included in the Agreement to Convey Right of Way between the City and CSU
attached to this Resolution as Exhibit"A".
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute the Agreement to Convey Right of Way
between the City of Fort Collins and Colorado State University attached hereto as Exhibit"A"and
incorporated herein by this reference,with such additional terns and conditions as the City Manager,
in consultation with the City Attorney,may determine to be necessary or appropriate to protect the
interests of the City.
Passed and adopted at a regular meeting of the C nc' of the City Fort li this 2nd
day of May, A.D. 2006.
Mayor
t`TTEST-
�Ul* % ,��
City Clerk
EXHIBIT "A"
AGREEMENT TO CONVEY RIGHT OF WAY
The BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM ("Board"),
whose legal address is 200 Administration Bldg, Fort Collins,CO 80523 County of LARIMER,and State
of COLORADO,agrees to sell and convey and the City of Fort Collins,a Political Subdivision of the State
of Colorado ("City"), whose legal address is 300 LaPorte Avenue, Fort Collins, CO 80521, County of
Latimer and State of COLORADO, agrees to buy that certain real property ("Property") in the County of
Larimer and State of Colorado as described on Exhibit A,attached hereto and incorporated herein,pursuant
to the terms and conditions set forth in this Agreement.
1. Upon execution of this Agreement, the City shall have the right to enter and occupy the property
for the purpose of completing the work and improvements identified herein. This right to enter and occupy
the Property shall terminate upon closing or February 28,2007,whichever shall occur first.
2. The Purchase Price shall be$12,525.00 payable in U.S.Dollars by City to Board at closing. The
Board's obligation to sell the Property is expressly conditioned upon the City completing the following
items of work prior to closing:
a) City shall, no later than December 31, 2006, substantially complete the widening and
improvements of East Prospect Road as contemplated by the City in the plans for the East
Prospect Road Improvement Project (the "Project") dated March 10, 2006, and on file with the
office of the City Engineer(the"Plans").
b) Board acknowledges that the Project will eliminate existing access from Prospect Road to the
Northwestern most portion of the Board property known as the Environmental Learning Center
("ELC")and shown on Exhibit"B". As part of the Project the City shall construct public access,a
parking area, trail access to the ELC and related improvements, as shown and described in the
Plans, on City property adjacent to the ELC (the "City Property"). The Board shall have no
obligation hereunder to operate or maintain these improvements.
c) City will remove the Environmental Learning Center sign,fencing, and the gate currently located
at the Board parking lot on the ELC property and deliver the same to 2400 Ziegler Rd, Fort
Collins,CO 80525.
d) City will remove poles/railroad ties that line the current parking lot at the ELC, and will remove
from the ELC property the unnatural large dirt mounds on ELC property, located within the
temporary construction easement conveyed by a Non-Exclusive Easement Agreement described in
Section 10 below,and the gravel in the existing parking lot on the ELC property as needed for the
restoration of the parking lot area as per the Plans. Such dirt and gravel shall become the property
of the City to be used or disposed of in the City's sole discretion.
e) City will conduct wetland mitigation as needed to complete the Project as described in the Plans.
f) After completion of the work identified above,City shall immediately restore the remaining ELC
property, buildings and other improvements thereon to the condition immediately prior to such
work, as provided in the Plans including without limitation the removal of any access routes and
work areas,but excepting the improvements,removals and mitigation described above.
I All work or activity undertaken by City prior to closing on the ELC property shall be so planned,
designed and carried out in a manner consistent with the Non-exclusive Easement Agreement described
below, so as to interfere as little as reasonably possible with the character and appearance of the ELC
property and the surrounding environment, including its aesthetic character. All cost incurred in
connection with any work, construction, restoration or maintenance contemplated in this Contract shall be
borne entirely by City. City is responsible for payment for all inspections,surveys,and engineering reports
or for any other work performed at City's request and shall pay for any damage which occurs to the
Property as a result of such activity. City shall not permit claims or liens of any kind against the ELC
property or the Property for inspections, surveys, engineering reports and for any other work performed
thereon at City's request prior to closing.The provisions of this subsection shall survive the termination of
this contract for default.
4. All documents, plats, legal descriptions and plans attached hereto as exhibits or otherwise
provided by City, are based on surveys conducted by the City or its agent and at its sole expense; the
Board assumes no responsibility for the accuracy of such surveys or plans obtained or for damages
resulting from any inaccuracies. Further, nothing contained in this Contract shall be construed to permit
City to impact, via storm drainage or otherwise, any property of the Board adjacent to the Property
transferred hereunder.
5. Upon substantial completion of the Project and completion of the other items described in Section
2,above,the City shall notify the Board in writing of such completion,and closing shall be held within 60
days thereafter,but in no event later than February 28,2007,at a time and location mutually agreed upon
by the parties.
6. Time is of the essence in the performance of this Agreement.
7. This Agreement and the Non-Exclusive Easement Agreement described below constitute the
entire agreement between the parties and supersede and cancel any and all prior contracts,agreements or
proposals,whether written or oral,between the parties relating to the subject matter hereof.
8. This Agreement shall be construed according to the laws of the State of Colorado and venue for
any dispute hereunder shall be in the District Court of the County of Larimer,Colorado.
9. This Agreement shall not be binding upon City,its successors and assigns,until it has been
formally approved by the City Council.
10. No later than 10 days following approval of this Agreement by the City Council,Board shall
convey to the City a permanent easement for slope,storm drainage and public access purposes,and a
temporary construction easement for purposes of construction of the Project and other work described in
Section 2,above. Such conveyance shall be made by a Non-Exclusive Easement Agreement in
substantially the form attached hereto as Exhibit"C".
it. Upon execution of the deed by the Board of Governors of the Colorado State University System or
its designee,City shall have the right to permanently occupy and utilize the property described in Exhibit
"A."
WHEREFORE,the parties have executed this Contract as of the date and year first above written.
The Board of Governors of the
Colorado State University System
for the use and benefit of Colorado State University
APPROVED:
By: By:
Keith Ickes,Vice President Donna W.Aurand
for Administrative Services Deputy General Counsel
City of Fort Collins,Colorado
ATTEST:
By: By:
Douglas P.Hutchinson,Mayor City Clerk
APPROVED AS TO FORM:
By:
Assistant City Attorney
Exhibit A Page 1 of 2
DESCRIPTION OF A TRACT OF LAND LOCATED ON COLORADO STATE BOARD
OF AGRICULTURE FOR THE BENEFIT OF COLORADO STATE UNIVERSITY
PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Tract of land located in the Northwest quarter of Section 21, Township 7 North, Range
68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said tract is also
located in that certain tract of land described in a Quit Claim Deed recorded March 27,
1992 at Reception No. 92015942 records of the Clerk and Recorder of Larimer County,
being more particularly described as follows;
Considering the north line of the said northwest quarter of Section 21 as bearing South
88 degrees 22 minutes 55 seconds East between a 2.5' Aluminum Cap Monument,
PLS 17497 at the northwest corner and a 2.5" Aluminum Cap Monument, PLS 14823 at
the north quarter corner of Section 21, based upon GPS observation and City of Fort
Collins coordinate base, and with all bearings contained herein relative thereto;
Commencing at the said northwest corner of Section 21;
THENCE along the west line of the said northwest quarter of Section 21, South
00 degrees 07 minutes 39 seconds West for a distance of 30.01 feet to the existing right
of way of East Prospect Road and to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE continuing along the said west line of the northwest quarter, South 00
degrees 07 minutes 39 seconds West for a distance of 64.12 feet;
THENCE leaving the said west line, South 88 degrees 31 minutes 28 seconds
East for a distance of 725.06 feet to the east line of the said tract described at
Reception No. 92015942;
THENCE along the said east line, North 01 degrees 37 minutes 05 seconds East
for a distance of 62.30 feet to the said existing right of way of East Prospect Road;
THENCE along the said existing right of way, North 88 degrees 22 minutes 55
seconds West for a distance of 726.72 feet to the point of beginning. Containing 45878
square feet (1.053 acres) more or less.
The above described tract is subject to all easements and rights of ways now existing or
of record.
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. The description is based
upon previously recorded plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Exhibit A Page 2 of 2
LOCATION SKETCH
COLORADO STATE BOARD OF AGRICULTURE
FOR COLORADO STATE UNIVERSITY
Nw 21 R7-65 E. PROSPECT ROAD RIGHT of WAY
45878 SO.FT.
_-_- N. 11NE OF NW 1/4 7 -
--_— —___—_r1155 OF BENtINOSj_-- —
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THIS SKETCH AND TIE AREAS
SHOWN DEPICT THE AUMaHEO
PROPERTY DESCRIPTON ONLY,
AND DO NOT RE RESENT A
MONUMENTED 90UNOARY SURVEY. KSURVEY\PROJEM\CP\PROS
Exhibit B Page 1 of 1
LOCATION SKETCH
COLORADO STATE BOARD OF AGRICULTURE
FOR COLORADO STATE UNIVERSITY
NW CORNERE. PROSPECT ROAD RIGHT OF WAY
45878 SO.FT.
._- N. I1NE W NW 1/4
7 — —_____ WS OF BEMWCS _—
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MIS SKETCH AND TIE ARl
Ill DEPICT ME ATTACHED
PROPERLY DESCRIPRON ONLY.
AND DO NOT REPRESEM A
MONUMEll aOUNDVtY SURJEY. K:SURVEY\PROJECTS\CP\PROS
Exhibit C Page 1 of 6
Non-Exclusive Easement Agreement
This Non-Exclusive Easement Agreement(Agreement) is entered into this day
of 2006 by and between the Board of Governors of the Colorado State University
System by and through Colorado State University, whose address is 309 Administration, Fort
Collins, CO 80523 ("Board"), Grantor; and The City of Fort Collins, a Colorado Municipal
Corporation whose address is 300 Laporte Avenue, Fort Collins, CO 80522 ("City"), Grantee.
Grant of Non-Exclusive Easement by the Board: Consideration, Description and Purpose.
In exchange for the promises of the Board and the Grantee as set forth in this Agreement, and in
consideration of the payment by the Grantee to the Board of the sum of Nine-Thousand Four-
Hundred and Thirty Dollars ($9,430) and other good and valuable consideration, receipt and
sufficiency of which are hereby acknowledged, the parties agree to the terms herein. The Board
grants and conveys to the Grantee a permanent non-exclusive easement in gross over the land of
the Board more particularly described in Exhibit A and generally shown in Exhibit B
("Permanent Easement"). Exhibits A and B are attached hereto and are incorporated herein by
this reference. This Permanent Easement is granted for the purposes of re-sloping and/or re-
contouring the grounds as necessary for the reconstruction of the adjacent East Prospect Road, to
provide storm drainage, and for construction, maintenance and public access to a City trail.
1.1. Access. During the term of this Agreement and subject to all provisions in
paragraph 2 herein, Grantee shall have access at all times to the Permanent Easement for
construction, repair, and maintenance of the slope, storm drainage, and trail ("Improvements")
constructed under this Agreement.
1.2. Construction Easement. The Board rants to the Grantee a temporary
g P
construction easement on, under and across the property described on Exhibit C, attached hereto
and incorporated herein by reference ("Construction Easement), for purposes of initial
installation of the Improvements as well as wetland mitigation, and the removal of dirt mounds,
gravel and other materials from the Construction Easement Area as contemplated by the plans
for the Prospect Road Improvement Project. Grantee's access and construction shall be
confined to the Permanent Easement and the Construction Easement. The Grantee will assure
that all gates accessed are closed and secured, and any fencing disturbed during access or
construction is repaired or replaced. The Construction Easement shall expire upon final
completion of the Prospect Road Improvement Project, but in any event not later than December
31, 2006.
1.3. Other Uses. Grantee acknowledges that the Permanent Easement
described in Exhibits A and B is intended to accommodate and will be subject to other specific
easements in gross to other utility providers. Grantee agrees to cooperate with the Board and the
recipients of other easements in the construction, installation, and maintenance of the
Improvements.
Upon Recordation Return To:
City of Fort Collins
117 North Mason Street
Fort Collins,CO 80524
Exhibit C Page 2 of 6
2. Agreement of Grantee. In exchange for the Board's grant of the
Permanent Easement, Grantee agrees to the following terms:
2.1. Survey. The Grantee agrees that all documents, plats and descriptions
attached hereto as exhibits are the result of surveys engaged by the Grantee at its sole expense
for the purpose of surveying the boundaries for the Permanent Easement, and the Board assumes
no responsibility for the accuracy of such surveys obtained by the Grantee nor for damages
resulting from inaccuracies.
2.2. Environment and Character of Land. Any work or activity undertaken by
Grantee in connection with this Agreement shall be so planned, designed and carried out as to
interfere as little as reasonably possible with the character and appearance of the nearby land and
the surrounding environment, including its aesthetic character.
2.3. Drawings and Specifications. Drawings and specifications for any major
work or construction contemplated in this Agreement shall be submitted to the Board or its
representative for approval prior to commencement of construction. Such review and approval
shall be solely for the purpose of determining whether or not the proposed improvements are
consistent with the rights granted in this Agreement, and any approval by the Board shall not be
construed as expanding such rights, or as an approval of the technical merits or adequacy of the
Improvements. The Grantee shall be solely responsible for performing the work or construction
in accordance with the rights granted herein and for any liability arising from the performance of
such work.
2.4. Consent for Work. Except in cases of emergency and routine
maintenance, Grantee shall obtain the prior consent of the Board or its representative before
undertaking any work or activity within the Permanent Easement. Such consent shall not be
unreasonably withheld. All access routes to the Permanent Easement for Grantee's construction,
repair or maintenance of easement area shall be by route or routes reasonably designated by the
Board.
2.5. Costs. All costs incurred in connection with any work, construction,
restoration or maintenance contemplated in this Agreement shall be borne entirely by the
Grantee.
2.6. Restoration. After completion of any work undertaken in connection with
this Agreement (whether the work involves original construction or later repair, maintenance or
demolition), other than the removal of the unnatural dirt mounds, the Grantee will reseed and re-
vegetate the remaining disturbed ground in a matter similar as now existing. Subsequent to re-
contouring and re-vegetating,the Grantor shall have full possession and use of the easement
premises.
2.7. Surface Structures. All surface structures or devices, if any, must be
approved by the Board, as per section 2.3 above, and shall be so located as to present the least
possible interference to the Board's use and preservation of the value of the surface of the land.
Page 2 of 6
Exhibit C Page 3 of 6
2.8. Maintenance. Grantee shall properly maintain the Improvements in
connection with this Agreement. The Board may, after written notice to Grantee, so maintain
such Improvements at Grantee's cost upon any failure by Grantee to properly maintain as
required hereunder.
2.9. Indemnification. Not Applicable.
2.10. Compliance with Rules and Regulations. Grantee will comply with all
reasonable rules and regulations regarding the use of the land which have been or may be
adopted by the Board, and published and announced to the general public in the Fort Collins area
or to the Grantee in particular, but only to the extent such compliance does not unreasonably
interfere with Grantee's use of the land as contemplated in this Agreement.
2.11. Removal of Access Routes and Work Areas. Routes of access to the
Permanent Easement and work areas used for construction, repair, maintenance or removal shall
be as few as necessary, and, after completion of any work, Grantee shall destroy and remove
them, restoring the land in the manner provided in paragraph 2.6. herein.
3. Rights Reserved by the Board. The Board reserves all rights (including mineral
rights) in the Permanent Easement, and the right to occupy and use it for all purposes not
inconsistent with the rights granted herein to the Grantee.
3.1. Continuous Use, Right of Entry for Condition Broken. This Agreement is
conditional on Grantee's continuous use of the Permanent Easement for the purposes described
Easement for the described purposes,
herein and if the Grantee shall cease to use the Permanent ,
P rP
the Board shall have the right to re-enter the said unused premises and terminate this Agreement
after having given notice of the Board's election to so terminate in the manner specified in this
Agreement. To enforce this provision, the Board may, but is not required to bring an action for
q
or an ejectment equivalent action.
J
3.2. Sale. Lease or Other Easement. The Board may grant other easements
within the Permanent Easement, so long as Grantee's use of the Permanent Easement is not
unreasonably impaired.The Grantee shall not grant any easements within or other rights to use
the Permanent Easement.
3.3. Right to Relocate. The Board reserves the right, at the Board's cost, to
relocate this Permanent Easement and the Improvements constructed by City hereunder so long
as such relocation does not adversely impact the purpose of the Permanent Easement and the
performance of said improvements. The Board shall consult with the City prior to any such
relocation to minimize interference with the operation of the City's Improvements, and to ensure
the purpose of the Permanent Easement and improvements is not adversely impacted.
4. Other Terms and Conditions. The parties agree to the following additional terms
and conditions:
Page 3 of 6
Exhibit C Page 4 of 6
4.1. Prior Easements. This Permanent Easement is granted subject to all
easements, rights-of-way, and other matters of record, and those previously granted and now in
force and effect. The Board makes no warranties or representations as to matters of title.
4.2. Additional Use or Equipment. Use of the Permanent Easement for any
purpose, equipment or facilities not specified herein shall require written consent of the Board, or
its designee, and prior amendment of this Agreement, executed in the same manner as this
Agreement.
4.3. Non-Assi nag bility. This Agreement is not assignable by the Grantee.
4.4. Successors. Subject to the limitations on assignment set forth in paragraph
4.3 herein, this Agreement shall be binding on the parties' legal successors.
4.5 Third Party Beneficiary: It is expressly understood and agreed that the
enforcement and conditions of this Agreement and all rights contained herein relating to
enforcement, shall be strictly reserved to the Board and the Grantee. Nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any third person or
entity. It is the express intention of the Board and the Grantee that any such person or entity,
other than the Board or the Grantee, receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
4.6 Sovereign Immunity: Notwithstanding any other provision of this
Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protection, or other provisions of
the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as now or
hereafter amended. The parties understand and agree that liability for claims for injuries to
persons or property arising out of negligence of a party, its departments, agents,officials and
employees is controlled and limited by the provisions of Section 24-10-101, et seq., C.R.S. as
now or hereafter amended and the risk management statutes, Section 24-30-1501, et seq., C.R.S.
as now or here after amended.
4.7. Representatives and Notice. For the purposes of this Agreement, the
parties designate the following persons as their representatives and list the following addresses
for the delivery or mailing of notices and other communications:
Representative for the Grantee: with copy to:
City Manager Real Estate Services Manager
City of Fort Collins City of Fort Collins
P.O. Box 580 P.O. Box 580
Fort Collins, CO 80522 Fort Collins, CO 80522
Page 4 of 6
Exhibit C Page 5 of 6
Representative for the Board: with copy to:
CSU Real Estate Office CSU General Counsel
1415 S. College Avenue 01 Administration Building
Fort Collins, CO 80524 Colorado State University
Fort Collins, CO 80523-6030
Any notice required or desired to be given under this Agreement shall be delivered or mailed by
certified mail to the addresses listed above.
5. Jurisdiction. The laws of the State of Colorado and the rules and regulations
issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision of this Agreement, whether or not incorporated herein by reference,
that provides for arbitration by any extra-judicial body or person or which is otherwise in conflict
with said laws, rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be valid or enforceable or available in any action at law
whether by way of complaint, defense, or otherwise. Any provision rendered null and void by
the operation of this provision will not invalidate the remainder of this Agreement to the extent
that the agreement of the parties is capable of execution.
6. No Corrupt Influences. The signatories hereto aver that they are familiar with
C.R.S. 18-8-301 et sea. (Bribery and Corrupt Influences) and C.R.S. 18-8-401 et sea. (Abuse of
Public Office), as may be amended from time to time, and that no violation of such provisions is
present.
7. No Beneficial Interest. The signatories hereto aver that to their knowledge, no
State employee has any personal or beneficial interest in the property described herein.
8. Non-Appropriation. The parties' obligations hereunder are subject to the annual
appropriation of funds sufficient therefore by the parties respective governing bodies.
Page 5 of 6
Exhibit C Page 6 of 6
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year
written above.
City of Fort Collins, Colorado, ATTEST:
A Municipal Corporation
By: Ci Mana er B : Ci Clerk
Y tY g Y tY
APPROVED AS TO FORM:
By:
Assistant City Attorney
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of 2006 by
and as City Manager and City Clerk of the City of Fort
Collins,Colorado.
My commission expires
Witness my hand and official seal.
Notary Public
The Board of Governors of the CSU System
for the use and benefit of Colorado State
University APPROVED:
By: By:
Keith Ickes Donna Aurand
Vice President for Administrative Deputy General Counsel
Services
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of 2006 by Keith Ickes,
Vice President for Administrative Services for the Board of Governors of the Colorado State University System.
My commission expires Witness my hand and official seal.
Notary Public
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