HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2008 - SECOND READING OF ORDINANCE NO. 081, 2008, AUTHORI ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: July 15, 2008
FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz
SUBJECT
Second 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 this Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance,unanimously adopted on First Reading on July 1,2008,authorizes the conveyance
of sanitary sewer easement and a temporary construction easement on City property,located at 625
Ninth Street, to the owner of the adjacent property, New Belgium Brewery, Inc., 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.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - July 1, 2008.
(w/o original attachments)
ATTACHMENT 1
ITEM NUMBER: 27
AGENDA ITEM SUMMARY DATE: July 1, 2008
FORT COLLINS CITY COUNCIL S�,AFF: 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 considerat' be o theyeasements is $1000. This will
include the cost of the easeme pro elfing, at AnuffistrML01ffees.
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EXECUTIVE SUMMARY 11
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 temp t n ct e e coQ'ect to a new building they plan
to construct. This new buildi will be sed f re by fix BioFuels, Incorporated. Solix
BioFuels plans to research a to olo t us al a to gen ate oils that can be used as fuel for
vehicles. New Belgium Brewery agree o pa ee of 00 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.
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 IA, 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 Tine; 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 Ist day of
July, A.D. 2008, and to be presented for final passage on the 1 y of July, A.D. 2�008
May
ATTEST:
%UAL�k
City Clerk
Passed and adopted on final reading on the 15th day of July, A.D. 2008.
Mayor
ATTEST:
City Clerk