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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/21/2004 - ITEMS RELATED TO EASEMENTS FOR THE NEW CENTERS FOR ITEM NUMBER: 15 A-B AGENDA ITEM SUMMARY DATE: September 21, 2004 FORT COLLINS CITY COUNCIL STAFF: Helen Matson Dennis Sumner SUBJECT Items Related to Easements for the New Centers for Disease Control Facility. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. FINANCIAL IMPACT The conveyance of these two easements will result in a payment to the City of$5,893. All costs associated with the easements, including restoration, will be paid by the Centers for Disease Control and Prevention ("CDC"). EXECUTIVE SUMMARY A. First Reading of Ordinance No. 154, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to Xcel Energy on City Property at North Overland Trail and West Mulberry Street for a Natural Gas Line. B. First Reading of Ordinance No. 155, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to the Centers for Disease Control and Prevention on City Property at North Overland Trail and West Mulberry Street for a Wastewater Service Line. The CDC is building a new facility near Fort Collins on the Colorado State University Foothills Campus. In order to construct the facility, the CDC requires a utility easement from the City for its wastewater service line over, under, and across a portion of City-owned property at the substation site on North Overland Trail and Mulberry Streets. hi addition, in order to get gas service to the new facility, the CDC requires a utility easement be granted by the City to Xcel Energy for the has service line for CDC, also across the substation site. The City acquired the substation site, consisting of 2.7 acres, from Colorado State University in 1973. The site runs south and north of the extended Mulberry Street. The City has its substation on the south side of Mulberry Street. The City's site also includes the low-lying land on the north side of Mulberry Street with the Pleasant Valley and Lake Canal running through the property. The area that is requested to be used for these easements is between the Pleasant Valley and Lake Canal and the northerly boundary of the City property. The requested easements will not interfere with the City's use of this property. The Utilities Department staff has no objections to these easement requests. ORDINANCE NO. 154, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT TO XCEL ENERGY ON CITY PROPERTY AT NORTH OVERLAND TRAIL AND WEST MULBERRY STREET FOR A NATURAL GAS LINE WHEREAS, the City of Fort Collins is the owner of the property on North Overland Trail and West Mulberry Street,Fort Collins,Larimer County,Colorado,described more fully on attached Exhibit"A" (the"City's Property"); and WHEREAS,the Centers for Disease Control and Prevention("CDC")is constructing a new facility at the Colorado State University Foothills Campus; and WHEREAS, in order for CDC to receive natural gas service to the new facility, the CDC is requesting that the City convey a non-exclusive easement over, on, across, and under a portion of the City's Property described on Exhibit "B", attached hereto and incorporated herein by this reference, to construct, operate, maintain, repair, remove and replace an underground gas service line for CDC (the "Easement"); and WHEREAS, City staff has made a value finding for the Easement, and the CDC has agreed to pay the Easement value of$1,768 to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City,provided the Council first finds by ordinance that any sale or disposition of that real property owned by the will not materially impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be 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 conveyance of the above described Easement will not materially impair the viability of the City's utility as a whole,will be for the benefit of the City's citizens, and is in the best interests of the City of Fort Collins. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary to convey the Easement to Xcel Energy upon the terms and conditions described above, and subject to such other terms and conditions as the Interim City Manager, in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 21st day of September,A.D. 2004, and to be presented for final passage on the 5th day of October,A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of October, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT"A" A tract of land situate in the NE 1/4 of Section 17, Township 7 North Range 69 West of the 6th P.M., which considering the East line of said NE 1/4 as bearing North and South, and with all bearings contained herein relative thereto is contained within boundary lines which begin at the NE corner of said Section 17 and run thence along said East line South 435.70 feet, thence West 285 feet, thence North 410.81 feet, to a point on the North line of said NE 1/4, thence N 85 degrees 00 minutes 30 seconds E 286.09 feet to the point of beginning, together with an easement for overhead electric utility lines and such supporting structures as may be required over and across the following described land, to-wit: Commencing at the NE corner of said Section 17, thence S 435.7 feet, thence W 81.5 feet to the point of beginning and run thence S 155.12 feet, thence S 49 degrees 37 minutes E 202.00 feet, thence N 00 degrees 33 minutes E 129.00 feet to the true point of beginning. EASEMENT DESCRIPTION Exhibit`B" A parcel of land,being a Six foot (6')wide gas line easement,being part of Parcel 1 as described in that Bargain and Sale Deed recorded September 27, 1973 in Book 1573 at Page 288 of the records of the Larimer County Clerk and Recorder(LCCR) and being part of the Northeast Quarter (NE1/4) of Section Seventeen(17), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6thP.M.), County of Larimer, State of Colorado, the Northerly line of said parcel of land being more particularly described as follows: COMMENCING at the Center Quarter(C1/4) Corner of said Section 17 and assuming the South line of the Northwest Quarter(NW 1/4) of said Section 17 as bearing North 85°10'43" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2787.85 feet with all other bearings contained herein relative thereto: THENCE North 40°14'39" East a distance of 3661.26 feet to the West line of said Parcel 1, said point being the POINT OF BEGINNING; THENCE North 83029101"East a distance of 256.75 feet to the West Right-of-way(ROW) of Overland Trail, said point being the POINT OF TERMINATION; The sidelines of said gas line easement shall be extended or shortened to intersect the boundary lines of said Parcel 1. Said gas line easement contains 1,540 sq. ft. 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, Robert J. Wesnitzer, 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. Robert J. Wesnitzer Colorado Registered Professional Land Surveyor#34990 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2003036 ORDINANCE NO. 155, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION ON CITY PROPERTY AT NORTH OVERLAND TRAIL AND WEST MULBERRY STREET FOR A WASTEWATER SERVICE LINE WHEREAS, the City of Fort Collins is the owner of the property on North Overland Trail and West Mulberry Street,Fort Collins,Larimer County,Colorado,described more fully on attached Exhibit"A" (the"City's Property"); and WHEREAS,the Centers for Disease Control and Prevention("CDC")is constructing a new facility at the Colorado State University Foothills Campus; and WHEREAS, the CDC wishes to acquire a non-exclusive easement over, on, across, and under a portion of the City's Property described on Exhibit "B" attached hereto and incorporated herein by this reference,to construct,operate,maintain,repair,remove and replace an underground wastewater service line (the 'Basement"); and WHEREAS,City staff has made a value finding for the Easement, and the CDC has agreed to pay the Easement value of$4,125 to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City,provided the Council first finds by ordinance that any sale or disposition of that real property owned by the will not materially impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be 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 conveyance of the above-described Easement will not materially impair the viability of the City's utility as a whole,will be for the benefit of the City's citizens, and is in the best interests of the City of Fort Collins. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary to convey the Easement to CDC upon the terms and conditions described above, and subject to such other terms and conditions as the Interim City Manager,in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 21st day of September,A.D. 2004, and to be presented for final passage on the 5th day of October,A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of October, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT "A" A tract of land situate in the NE 1/4 of Section 17, Township 7 North Range 69 West of the 6th P.M., which considering the East line of said NE 1/4 as bearing North and South, and with all bearings contained herein relative thereto is contained within boundary lines which begin at the NE corner of said Section 17 and run thence along said East line South 435.70 feet, thence West 285 feet, thence North 410.81 feet, to a point on the North line of said NE 1/4, thence N 85 degrees 00 minutes 30 seconds E 286.09 feet to the point of beginning, together with an easement for overhead electric utility lines and such supporting structures as may be required over and across the following described land, to-wit: Commencing at the NE corner of said Section 17, thence S 435.7 feet, thence W 81.5 feet to the point of beginning and run thence S 155.12 feet, thence S 49 degrees 37 minutes E 202.00 feet, thence N 00 degrees 33 minutes E 129.00 feet to the true point of beginning. EASEMENT DESCRIPTION Exhibit`B" A parcel of land, being a Fourteen foot (14') wide sanitary sewer easement, being part of Parcel 1 as described in that Bargain and Sale Deed recorded September 27, 1973 in Book 1573 at Page 288 of the records of the Latimer County Clerk and Recorder(LCCR) and being part of the Northeast Quarter (NEl/4) of Section Seventeen(17), Township Seven North(T.7N.), Range Sixty-nine West(R.69W.) of the Sixth Principal Meridian (6thP.M.), County of Larimer, State of Colorado, the Southerly line of said parcel of land being more particularly described as follows: COMMENCING at the Center Quarter(C1/4) Corner of said Section 17 and assuming the South line of the Northwest Quarter (NW 1/4) of said Section 17 as bearing North 85°10'43" East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 2787.85 feet with all other bearings contained herein relative thereto: THENCE North 40°14'39" East a distance of 3661.26 feet to the West line of said Parcel 1, said point being the POINT OF BEGINNING; THENCE North 83029'01"East a distance of 256.75 feet to the West Right-of-way(ROW) of Overland Trail, said point being the POINT OF TERMINATION; The sidelines of said sanitary sewer easement shall be extended or shortened to intersect the boundary lines of said Parcel 1. Said sanitary sewer easement contains 3,594 sq. ft. 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, Robert J. Wesnitzer, 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. Robert J. Wesnitzer Colorado Registered Professional Land Surveyor#34990 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2003036 Easements to Xcel Energy and Centers for Disease Control & Prevention Location Map W MU�BERRV 3T I z 0 w O N RAMPART RD 6 Foot Xcel Energy Easement N 14 Foot CDC Easement W+E S