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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 c� 0 P