HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/20/2004 - FIRST READING OF ORDINANCE NO. 015, 2004 AUTHORIZI ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: January 20, 2004
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
Ralph Campano
SUBJECT
First Reading of Ordinance No. 015, 2004, Authorizing the Grant of a Correction Sewerline
Easement to Boxelder Sanitation District in Exchange for the Vacation of Part of an Existing
Easement.
RECOMMENDATION
Staff and the Natural Resources Advisory Board recommend adoption of the Ordinance on First
Reading.
EXECUTIVE SUMMARY
In 1973 Riverbend Farms, Inc. granted a perpetual sewer line easement to Boxelder Sanitation
District along East Prospect Road. Boxelder subsequently installed the sewer line outside the
easement area in some locations. The City of Fort Collins has since purchased the parcels the sewer
line crosses for the Riverbend Ponds(1988 and 1998)and Running Deer(2000)Natural Areas.The
District is requesting that the City grant a correction easement to reflect the area where the sewer
line was actually installed and has agreed to vacate that part of the original easement no longer
needed by the District in view of the actual location of the sewer line. This correction benefits the
City in that the new easement will accurately describe the location of the sewer line and language
specific to the natural areas and agreeable to both parties can be included in the new easement
agreement.
The Natural Resources Advisory Board considered this easement at its regular meeting on January
7,2004,and unanimously voted to recommend approval of the Ordinance authorizing the easement.
ORDINANCE NO. 015, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE CORRECTION
EASEMENT TO BOXELDER SANITATION DISTRICT IN EXCHANGE
FOR THE VACATION OF PART OF AN EXISTING EASEMENT
WHEREAS, the City of Fort Collins (the "City") is the owner of certain parcels of real
property located on East Prospect Street, known as Riverbend Ponds and Running Deer Natural
Areas (the "Property"); and
WHEREAS, the City purchased the Property subject to a Boxelder Sanitation District (the
"District") sewer line easement, dated January 23, 1973, and recorded on April 13, 1973, at Book
1550 and Page 144 (the "Existing Easement"); and
WHEREAS,the District installed the sewer line outside the Existing Easement Area in some
of the areas that cross the Property; and
WHEREAS, the District wishes the City to grant a correction easement on a portion of the
Property more specifically described on Exhibit"A",attached hereto and incorporated herein by this
reference (the "New Easement Area") in exchange for the vacation of a portion of the Existing
Easement Area described on Exhibit`B" attached hereto and incorporated herein by this reference
(the "Existing Easement Area"); and
WHEREAS, the grant of the new easement in exchange for vacation of the easement on the
Existing Easement Area will benefit the natural areas involved because it will accurately describe
the sewer line encumbrance and will allow for the addition of easement language specific to the
Property and the City's Natural Areas program; and
WHEREAS,the Natural Resources Advisory Board considered the proposed new easement
on January 7, 2004, and recommended that the Council authorize the grant of the new easement in
exchange for the easement vacation as described herein; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or other disposition of real property is in the best interest of the City
of Fort Collins.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of a permanent, nonexclusive sewer line easement on the
New Easement Area upon, under and through the Property in exchange for the vacation of the
existing sewer line easement in the Existing Easement Area is in the best interest of the City of Fort
Collins.
Section 2. That the Mayor is hereby authorized to execute an easement agreement to the
Boxelder Sanitation District by which the City shall grant a nonexclusive correction easement in
exchange for the abandonment across,through and under the real property shown on Exhibit"A"and
relinquishment by Boxelder Sanitation District of all right,title and interest in the Existing Easement
Area, as shown on Exhibit"B",together with such additional terms and conditions and conveyance
documents as the City Manager,in consultation with the City Attorney,determines are necessary to
protect the interests of the City, consistent with the terms of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 20th day of
January, A.D. 2004, and to be presented for final passage on the 3rd day of February, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of February, A.D. 2004.
Mayor
ATTEST:
City Clerk
PROPERTY DESCRIPTION
Exhibit A,page 1 of 3
City of Fort Collins
Corrected Sanitary Sewer Easement
A parcel of land being a part of the Southeast Quarter (SEI/4) of Section Seventeen (17), Township Seven
North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6" P.M.), County of Larimer,
State of Colorado, being dedicated as a 30.00 foot wide sanitary sewer easement to correct a portion of a
sanitary sewer easement as was previously dedicated April 19, 1973 in Book 1550 Page 118 of the Records
of Latimer County. That portion of the previously dedicated easement being corrected lies in that parcel of
land within the SEI/4 of said Section 17 as described in Reception No. 88054464. Said corrected sanitary
sewer easement centerline is more particularly described as follows:
COMMENCING at the Southeast Corner of said Section 17 and assuming the South line of the Southeast
Quarter (SEI/4) to bear South 89'32'49" East, a grid bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/92, a distance of 2633.82 feet, with all bearings herein
relative thereto;
THENCE North 00'11'51"West along the East line of the SEI/4 a distance of 1.46 feet;
THENCE North 50°35'55"West a distance of 94.72 feet;
THENCE North 89032'49" West along a line parallel with and 61.00 feet Northerly of, as measured at a
right angle to the South line of the SEI/4 of said Section 17 a distance of 431.37 feet to the West line of that
parcel of land as described in Reception No. 99062551 and the POINT OF BEGINNING of said centerline
description of the corrected sanitary sewer easement;
THENCE North 89032'49" West continuing along a line parallel with and 61.00 feet Northerly of, as
measured at a right angle to the South line of the SEI/4 of said Section 17 a distance of 583.45 feet to the
Easterly line of the portion of the existing sanitary sewer easement as was previously dedicated April 19,
1973 in Book 1550 Page 118 of the Records of Larimer County running generally in a north-south direction
through the SEI/4 of said Section 17 and the POINT OF TERMINATION of said corrected sanitary sewer
easement centerline.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the West line of that parcel of land within the SETA of said Section 17 described in Rec. No.
99062551 and terminate on the Easterly line of the said previously dedicated sanitary sewer easement(Book
1550, Page 118).
Said sanitary sewer easement contains 17,503 Sq. Ft. or 0.402 Acre, more or less (±), and is subject to any
rights of way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Steven A. Lund—on behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
PROPERTY DESCRIPTION
Exhibit A,page 2 of 3
City of Fort Collins
Corrected Sanitary Sewer Easement
A parcel of land being a part of the Southeast Quarter (SE 1/4) of Section Seventeen (17), Township Seven
North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6" P.M.), County of Larimer,
State of Colorado, being dedicated as a 30.00 foot wide sanitary sewer easement to correct a portion of a
sanitary sewer easement as was previously dedicated April 19, 1973 in Book 1550 Page 118 of the Records
of Larimer County. That portion of the previously dedicated easement being corrected lies in that parcel of
land as described in Reception No. 99062251. Said corrected sanitary sewer easement centerline is more
particularly described as follows:
COMMENCING at the Southeast Corner of said Section 17 and assuming the South line of the Southeast
Quarter (SEl/4) to bear South 89'32'49" East, a grid bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/92, a distance of 2633.82 feet, with all bearings herein
relative thereto;
THENCE North 00011'51" West along the East line of the SE1/4 a distance of 1.46 feet to the POINT OF
BEGINNING of said centerline description of the corrected sanitary sewer easement;
THENCE North 50035'55"West a distance of 94.72 feet;
THENCE North 89032'49" West along a line parallel with and 61.00 feet Northerly of, as measured at a
right angle to the South line of the SE1/4 of said Section 17 a distance of 431.37 feet to the West line of that
parcel of land as described in Reception No. 99062551 and the POINT OF TERMINATION of said
corrected sanitary sewer easement centerline.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the East line and South line of the SE1/4 of said Section 17 and terminate on the West line of that
parcel of land as described in Reception No. 99062251.
Said sanitary sewer easement contains 15,584 Sq. Ft. or 0.358 Acre, more or less (±), and is subject to any
rights of way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Steven A. Lund—on behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
PROPERTY DESCRIPTION
Exhibit A,page 3 of 3
City of Fort Collins
Corrected Sanitary Sewer Easement
A parcel of land being a part of the Northwest Quarter (NW1/4) of Section Twenty-one (21), Township
Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of
Larimer, State of Colorado, being dedicated as a 30.00 foot wide sanitary sewer easement to correct a
portion of a sanitary sewer easement as was previously dedicated April 19, 1973 in Book 1550 Page 118 of
the Records of Larimer County. That portion of the previously dedicated easement being corrected lies in
those parcels of land described as Parcel I and Parcel II in Reception No. 2000046005 of the Records of
Larimer County. Said corrected sanitary sewer easement centerline is more particularly described as
follows:
COMMENCING at the Northwest Comer of said Section 21 and assuming the North line of the NW 1/4 to
bear South 88°40'07" East, being a grid bearing of the Colorado State Plane Coordinate System, North
Zone,North American Datum 1983/92, a distance of 2645.82 feet, with all bearings herein relative thereto;
THENCE South 00°09'26" East along the West line of the NW 1/4 a distance of 30.01 feet to a point 30.00
feet Southerly of, as measured at a right angle to the North line of the NW 1/4 of said Section 21;
THENCE South 88'40'07"East along a line parallel with and 30.00.feet Southerly of, as measured at a right
angle to the North line of the NW 1/4 of said Section 21 a distance of 726.74 feet to the West line of Parcel
II,of said Reception No. 2000046005;
THENCE South 01*19'53"West along said West line of Parcel Ir a distance of 32.00 feet to the POINT OF
BEGINNING of said centerline description of the corrected sanitary sewer easement;
THENCE South 88°40'07" East along said centerline which is parallel with and 62.00 feet Southerly of, as
measured at a right angle to the North line of the NW 1/4 of said Section 21 a distance of 706.85 feet;
THENCE South 02000'17" West a distance of 215.01 to the South line of Parcel I of said Reception No.
2000046005 and the POINT OF TERMINATION of said corrected sanitary sewer easement centerline.
Said point bears North 88'40'07" West a distance of 259.34 feet from the Southeast comer of Parcel I of
Reception No. 2000046005.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the West line of Parcel II of Reception No. 2000046005, and terminate on the South line of Parcel I
of said Reception No. 2000046005.
Said sanitary sewer easement contains 27,656 Sq. Ft. or 0. 635 Acres, more or less (±), and is subject to any
rights of way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Steven A. Lund—on behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
PROPERTY DESCRIPTION
Exhibit B
Page 1 of 2
Sanitary Sewer Easement Vacation
A parcel of land, which is a portion of a 30.00 foot wide sanitary sewer easement as was previously
granted April 19, 1973 in Book 1550, Page 118 of the Records of Larimer County, being located in
the Northwest Quarter (NW1/4) of Section Twenty-one (21), Township Seven North (T.7N.),
Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6' P.M.), County of Larimer, State of
Colorado, and which is hereby vacated. Said portion of vacated 30.00 foot wide sanitary sewer
easement is more particularly described as follows:
All that portion of the 30.00 foot wide sanitary sewer easement as granted in Book 1550, Page 118
of the Records of Larimer County, being within the NWI/4 of said Section 21 and which is situate
within Parcel 1 and Parcel 2 as described in Reception No. 2000046005 of the Records of Larimer
County.
PROPERTY DESCRIPTION
Exhibit B
Page 2 of 2
Sanitary Sewer Easement Vacation
A parcel of land, which is a portion of a 30.00 foot wide sanitary sewer easement as was previously
granted April 19, 1973 in Book 1550, Page 118 of the Records of Larimer County and is situate in
those parcels of land as described in Reception No. 88054464 and Reception No. 99062251 of the
Records of Larimer County, being located in the Southeast Quarter (SEl/4) of Section Seventeen
(17), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian
(6" P.M.), County of Larimer, State of Colorado, and which is hereby vacated. Said portion of
vacated 30.00 foot wide sanitary sewer easement is more particularly described as follows:
All that portion of the 30.00 foot wide sanitary sewer easement as granted in Book 1550, Page 118
of the Records of Larimer County, being within the SEl/4 of said Section 17 and which is lying
Southerly of a line parallel with and 46.00 feet Northerly of, as measured at a right angle to, the
South line of the SE1/4 of said Section 17.
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