HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/15/2005 - SECOND READING OF ORDINANCE NO. 035, 2005, AUTHORI ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: March 15, 2005
FORT COLLINS CITY COUNCIL STAFF: Ron Kechter
Alice Faye Richardson
SUBJECT
Second Reading of Ordinance No. 035, 2005, Authorizing the Conveyance of a Non-exclusive
Easement Interest to North Weld County Water District for an Existing Waterline Across the
Vehicle Storage Building Property.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
The Vehicle Storage Building Property is located at 701 Wood Street. There is an existing North
Weld County Water District waterline across the property that was installed in the 1960s without
recorded documentation that City staff or North Weld County Water District Staff can locate.
The line was in place at the time the City acquired the property, and City staff likely knew of the
existence of the waterline, as it continues across a number of other properties owned by the City.
Both parties acknowledge that an easement document defining and providing notice of the
waterline easement needs to be executed and recorded. Ordinance No. 035, 2005, was
unanimously adopted on First Reading on March 1, 2005.
ORDINANCE NO.035, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT INTEREST
TO NORTH WELD COUNTY WATER DISTRICT FOR AN EXISTING WATERLINE
ACROSS THE VEHICLE STORAGE BUILDING PROPERTY
WHEREAS, the City of Fort Collins (the "City") is the owner of that certain real property
located at 701 Wood Street, Fort Collins, known as the Vehicle Storage Building Property (the
"Property"), more particularly described as follows:
Lot 1-A, Service Center Third Subdivision, First Re-Plat Recorded at Reception
Number 97079756,Larimer County Records located in the Southwest One-Quarter
of Section 2, Township 7 North, Range 69 West of the Sixth Principal Meridian,
County of Larimer, State of Colorado; and
WHEREAS, there is not a recorded easement for a waterline that was installed across the
Property by the North Weld County Water District (the "District") in the 1960's; and
WHEREAS,the waterline was present on the Property when the City acquired it in 1991;and
WHEREAS, the District has requested that the City grant a 30-foot wide non-exclusive
easement to document the existing waterline across the Property, more specifically described in
Exhibit"A" attached hereto and incorporated herein by this reference; and
WHEREAS, City staff has recommended that there be no charge to the District, since it is
believed that City staff knew of the presence of the waterline at the time the Property was acquired
by the City and since there will be benefit to the City in documenting and recording a specifically
described easement for the existing waterline; 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 City Council
first finds by ordinance that any sale or other disposition of real property owned by the City 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 the easement upon, under and through the Property is in
the best interest of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute such documents of
conveyance as are necessary to convey the easement to North Weld County Water District,consistent
with the terms of this Ordinance and subject to such other terms and conditions as the City Manager,
in consultation with the City Attorney, determines to be necessary and appropriate to protect the
interest of the City.
Introduced, considered favorably on first reading, and ordered published this 1st day of
March, A.D. 2005, and to be presented for final passage on the 15th day of March, A.D. 2005.
Mayor
ATTEST:
e
City Clerk
Passed and adopted on final reading this 15th day of March, A.D. 2005.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: March 1, 2005
FORT COLLINS CITY COUNCIL STAFF: Ron Kechter
Alice Faye Richardson
SUBJECT
First Reading of Ordinance No. 035, 2005, Authorizing the Conveyance of a Non-exclusive
Easement Interest to North Weld County Water District for an Existing Waterline Across the
Vehicle Storage Building Property.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The Vehicle Storage Building Ali
locat�a�70�WoY,,
reet. There is an existing North
Weld County Water District erlin moss the p =perty t installed in the 1960s without
recorded documentation that City s" aff or North Wet' Counter District Staff can locate. The
line was in place at the time the City acquired the property, and City staff likely knew of the
existence of the waterline, as it continues across a number of other properties owned by the City.
Both parties acknowledge that an easement document defining and providing notice of the waterline
easement needs to be executed and recorded.
ATTACHMENTS
1. Vehicle Storage Building Water Line Easement Location Map
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