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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/01/2008 - FIRST READING OF ORDINANCE NO. 081, 2008, AUTHORIZ ITEM NUMBER: 27 AGENDA ITEM SUMMARY DATE: July 1, 2008 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT First Reading of Ordinance No. 081, 2008, Authorizing the Conveyance of a Sanitary Sewer Easement and a Temporary Construction Easement on City Property to New Belgium Brewing Company, Inc. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The total amount of consideration to be paid to the City for the easements is $1000. This will include the cost of the easements, processing, and administration fees. EXECUTIVE SUMMARY The City of Fort Collins Streets Department owns a parcel of land at 625 Ninth Street. The owner of the adjacent property,New Belgium Brewery,Inc.,has asked the City to convey a sanitary sewer easement and a temporary construction easement on its property to connect the Brewery's new building to the City of Fort Collins sewer system. The Brewery has agreed to pay the City a fee of $1000 for the easements and to restore the easement areas when construction is complete. BACKGROUND The City of Fort Collins Streets Department owns a property at 625 Ninth Street which is used as the City's Streets facility. New Belgium Brewery, Inc., owns an adjacent parcel to the south of the City's property. New Belgium Brewery has asked the City to convey a .06 acre sanitary sewer easement and a .061 acre temporary construction easement to connect to a new building they plan to construct. This new building will be used for research by Solix BioFuels, Incorporated. Solix BioFuels plans to research a technology that uses algae to generate oils that can be used as fuel for vehicles. New Belgium Brewery has agreed to pay a fee of$1000 to the City to cover the cost of the easements and processing fees, and to restore the easement areas after construction. Streets Department staff has reviewed and agreed to the request for the conveyance of the easements. ATTACHMENTS 1. Location Map. ATTACHMENT 1 New Belgium Brewery Sewer Easement Location Map CI FORT COLLITR=ETS DEPARTME s T 1 Proposed I Easement ALN BELGIUM BREWERY PROPERTY P 41 � -- - ■ V LJWj LC �� ■ f 1 1 Location of Proposed Easement N ORDINANCE NO. 081, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A SANITARY SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY TO NEW BELGIUM BREWING COMPANY, INC. WHEREAS, the City is the owner of certain real property known as Lot 1A, Replat of Lots 1 & 2, East Vine Streets Facility P.U.D. located in Fort Collins, Colorado (the "City Property"); and WHEREAS, New Belgium Brewing Company, Inc. (the "Brewery") is the owner of property adjacent to the City Property known as Lot 2, New Belgium Brewery Fourth Filing (the "Brewery Property"); and WHEREAS, the Brewery is building a new building for research purposes and wishes to acquire a sanitary sewer easement on the City Property, as described on Exhibit "A", attached hereto, to connect the Brewery Property to the City of Fort Collins sewer system (the "Sewer Easement"); and WHEREAS, to facilitate construction in the Sewer Easement, the Brewery also wishes to acquire a temporary construction easement on the City Property, as described on Exhibit `B", attached hereto (the "TCE"); and WHEREAS, the Brewery has agreed to pay the City $1,000 as compensation for the easements; and WHEREAS, the Brewery has agreed to restore the easement areas after completion of the project to a condition comparable to their condition prior to construction, including the restoration of any improvements or conditions impacted by the construction of improvements or use of the easement areas; and WHEREAS, City staff has identified no negative impacts to the City resulting from the grant of the requested easements or installation of the sewer line; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interest 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 Sewer Easement and TCE on the City Property is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Sewer Easement and TCE to New Belgium Brewery, Inc., on terms and conditions consistent with the terms of this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 1st day of July, A.D. 2008, and to be presented for final passage on the 15th day of July, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of July, A.D. 2008. Mayor ATTEST: City Clerk Exhibit "A LEGAL DESCRIPTION Page 1 of 2 UTILITY EASEMENT A PORTION OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PM,CITY OF FORT COLLINS, COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING:THE SOUTH LINE OF THE NORTH I/2 OF THE NORTHEAST 1/4 OF .SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PM,BEING MONUMENTED AT THE WEST BY A 2-1/2"ALUMINUM CAP AND AT THE EAST BY A 2-1/2"ALUMINUM CAP, 1S ASSUMED TO$BAR N89"50'34"W. COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PM,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO; THENCE N51*15.53"E,A DISTANCE OF 1150.14 TO A POINT ON THE SOUTH LINE OF EAST VINE STREETS FACILITY P.U.D.PROPERTY DESCRIBED IN RECEPTION NO.93064812 OF THE LARIMER COUNTY CLERK AND RECORDERS OFFICE,SAID POINT BEING THE POINT OF BEGINNING; THENCE N45"00'00"E,A DISTANCE OF 28.86 FEET; THENCE NOO°07'40"W,A DISTANCE OF 100.84 FEET; THENCE N89"52'20"E,A DISTANCE OF 20.00 FEET; THENCE S00`07'40"E,A DISTANCE OF 109.15 FEET; THENCE S45"00'00"W,A DISTANCE OF 16.09 FEET,TO A POINT ON SAID SOUTH LINE OF EAST VINE STREETS FACILITY P.U.D.PROPERTY; THENCE S88'30'00"W,ON SAID SOUTH LINE OF EAST V INE STREETS FACILITY P.U.D. PROPERTY,A DISTANCE OF 29.05 FEET TO THE POINT OF BEGINNIVG. CONTAINING AN OVERALL AREA OF 0.06 ACRES. I, MICHAEL S. BRAKE, A COLORADO .LICENSED PROFESSIONAL LAND SURVEYOR AND ENGINEER,DO HERESY STATE THB ABO LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED NS CHARGE AND ON THE BASIS OF MY KNOWLEDGE,iNFOR MAno - RRECT. 0 . z MICHAEL S.BRAKE,PE-PLS COLORADO PE-PLS NO.28262 FOR AND ON THE BEHALF OF 1R ENGINEERING LLC 2620 EAST PROSPECT ROAD,SUITE 190 FORT COLLINS,CO. 80525 THIS LEGAL DESCRIPSYON DOES NOT CONSMUYE A THE SEARCH BY✓R 6N0INE£RMD TD DETERMINE OWNERSHIP OF THIS TRACT OR YBRIFYEASEMENIS'OFRECORD.JR ENGINEERING AND THE SURVEYOR OF MMADASSUMESNO SESPONS/BILITYPOR OWNERSHP MO=OR EXISTWG EASEMENT RR SHM AND RECOMMENDS CONSULTATION WYM AN ATTORNEY. Exhibit "A" Page 2of2 UTILITY EASEMENT W 1/4, NE 1/4, SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST, 6th P.M. COUNTY OF LARIMER, STATE OF COLORADO UTILITY EASEMENT 0.06 ACRES t20.00' -E LINE TABLE LINE 'BEARING LENGTH 4U 20 0 4C L-1 N45'00'00"E 28.86 0 'o SCALE: 1" = 40' L-2 S45'00'OO'W 16.09 N . L-3 S88'30'DO"W 29.05 EAST LANE STREETS FACILITY P.un POINT OF BEGINNING - RECCP77ON NO,93064812 i SOUTH LINE OF EAST NNE STREETS FACILITY S SOUTH :UNE OF THEN 10' OF THE .3 1/4 .OF SECTION 13 N89'S0'34"W 2646.31' POINT OF COGIMENCEMENT d SW CORNER OF THE NW 1/4, NE 1/4 SE CORNER OF THE 'NE 1/4, NE 1/4 SEC. 12, T7N, R69W SEC. 12. T7N, R69W FOUND 2-1/2" ALUMINUM CAP FOUND 2-1/2" ALUMINUM STAMPED "PLS 7481 1995" IN A CAP STAMPED "LS 32825. JR ENG" RANGE BOX_ IN A RANGE BOX. x 'u5 8 PROPERTY DESCRIPTION UTILITY EASEMENT a CONTAINS 2,549 S.F. NEW BELGIUM BREWERY (0.06 AC.) JOB NO. 3947000 0506/08 SHEET i OF 1 2 J-R ENGU4BERMG ,9. ANLYIN Cmpq S4& @1y(Y(�R®HQ•E�/avmdW 91111 g 3D-A(I-4(0•fX$U'71FSIB• i2 Exhibit "B" Page 1 of 2 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT . A PORTION OF THE NORTHWEST ON&QUARTER OF THE NORTHEAST ONE-QUARTER OF. SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH PK CITY,OF FORT COLLINS, COUNTY OF LARTMER,STATE OF COLORADO.MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING:TEE SOUTH UM OF THE NORTH U2 OF THE NORTHEAST 1/4 OF SECTION 12,TOWNSHIP 7 NORTH;RANGE 69 WEST OF TIM 6TH PM,HMO MONUMEITED AT TIM WEST-BY A2-V2"ALUMINUM CAP AND AT THE EAST BY A 2-1/2"ALUMINUM CAP, IS ASSUMED TO BEARN89-50'34°W. COMIENCEAT THE SOUTHWEST CORNER OF THE NORTHWEST 114OF THE NORTHEAST _ 1/4 OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TII FM,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO; THENCEN51°15'5T%ADISTANCE OF 1150.14 TO A POINT ON TIM SOUTH LINE OF EAST VINE STREETS FACILITY P.U.D.PROPERTY DESCRIDED IN RECEPTION NO.93064812 OF THE LARIMER COUNTY CLERK AND RECORDERS OFFICE,SAID POINT BEING TEE POINT OF BEGINNING; THENCE S88-30'00"W,ON SAID SOUTH LINE OF EAST VINE STIREBES FACII=P.U.D. PROPERTY,A DISTANCE OF 29.05 FEET; THENCE N45"00'00T,A DISTANCE OF 41.62 FEET; THENCE NOOOOT40W,A DISTANCE OF 92.53 FEET; THENCE N89-52W"E,ADISTANCS OF 20.00 FEET; THENCE SOV0740"13,A DISTANCE OF 100.94 FEET, THENCE S45"00'00"R;ADISTANCE OF 28.86 FEET TO ITT,POINT OF BEGINNING. - CONTAINING AN OVERALL AREA OF 0.061 ACRES. I, CHAD R. WASHBURN, A COLORADO LICENSED PROFESSIONAL LAND SURVEYOR, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY IQNOWL'BDGB, INFORMATION,AND BELIEF,ARE CORRECT. CHAD R.WASEBURN,PIS COLORADO FLS NO.37963 FORANDONTHEDERA.LFOFJRBNGINEERINGLLC LLAW ' 2620 EAST PROSPFCCT ROAD,SUITE 190 FORT COLLINS,CO. 80525 I=LEGAL DEXXP770N DOES WrCOMM=A 27rLE WKNBY.Rt RMSS&RM R7 DMEA RK OF'N=W OF no ABAL70R FBRIPYBA4&�77S OFRAxOAD.Bt 8NGa7b$PMOAND7ffiSURYBYOROFRRCORD AS401LE4N0 RSSPONSRIllllPFOR 01➢NBR4WPRGiR730RE7gTNriSL484ffiNTRKiN78ANDRSMAO�lN3CDMOy7I7F9NW1757ANA77Y7FN6i ' Exhibit "B" Page 2 of 2 TEMPORARY CONSTRUCTION EASEMENT NW 1/4, NE 1/4, SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST, 6th P.M. COUNTY OF LARIMER, STATE OF COLORADO N 0'E _ 2D.00 I TEMPORARY CONSTRUCTION EASEMENT 0.061 ACRES I I 40 20 0 40 b I c4 h I SCALE: 1" = 40' LINE TABLE Z LINE BEARING LENGTH ��PROPOSED UTILITY L7 56830'00"W 29.05 I EASEMENT L2 N45'00'00"E 41.62 L3 S45'OD'00"W 26.86 I £AST NNE STREETS FAC/L/TY P.U.D. RECEP770N N0.93064812 SOU77i LINE OF EAST g^i� POINT OF BEGINNING V7N£STREETS FAC/L/TY ,,"h �H P.U.D. a,,�. 5 Co S S SOUTH LINE OF THE N 1/2 OF THE NE 1/4 OF SECTION 12 N89'50'34"W 2646.31' _ e SW INT CORNERR OF THEENNW 1/4, NE 1/4 SE CORNER OF THE NE 1/4, NE 1/IJ4 SEC, 12, T7N, R69W SEC. 12, T7N, R69W FOUND 2-1/2" ALUMINUM CAP FOUND 2-1/2" ALUMINUM STAMPED "PLS 7481 1995" IN A CAP STAMPED "LS 32825, JR ENG" RANGE BOX. IN A RANGE BOX. t m 8a s PROPERTY OE5CPoPI TEMPORARY CONSTRUCTION EASEMEN CONTAINS 2,639 S.F. NEW BELGIUM BREWERY g (0.061 AC.) JOB NO. 3947000 06/18/05 SHEET 2 OF 2 R - ,i R.ENGRiRMUNG AN,OV,mINp' 00&Wood Fm Rd-RdwdOO 81NN ffi-ilaffi1,FL[C9-TdB7B' x