HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2008 - FIRST READING OF ORDINANCE NO. 088, 2008, AUTHORIZ ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: July 15, zoos
FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz
SUBJECT
First Reading of Ordinance No. 088, 2008, Authorizing the Conveyance of Two Waterline
Easements and Two Temporary Construction Easements on City Property to the North Weld County
Water District.
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 easement, processing, and administration fees.
EXECUTIVE SUMMARY
The North Weld County Water District and East Larimer County Water District are in the process
of acquiring the necessary easements for their waterline transmission project("NEWT") which is
scheduled to begin construction in January 2009. The City of Fort Collins Parks Department owns
two parcels of land on which the Districts have requested an easement for their project. The North
Weld County Water District has agreed to pay the City a fee of$1000 for the easements and will
restore the easement areas when construction is complete.
BACKGROUND
The NEWT Project is designed to meet the water needs of the growing population in Northern
Colorado,including the City of Fort Collins.The Project involves the installation of a large diameter
pipeline(between 42 and 60 inches)from the Soldier Canyon Filter Plant near Horsetooth Reservoir
to the two Districts. The Districts have requested the City convey a .266 acre and a .057 acre
waterline easement and two temporary construction easements on a portion of two City properties
for their waterline. One parcel is a strip of land located north of Vine Drive and west of Shields
Street, which was acquired as part of the "Rails to Trails" acquisitions. The other parcel is a strip
of land that lies along the southern border of the Poudre River,just west of Shields Street and was
acquired for a bike trail project. The North Weld County Water District has agreed to pay the City
a fee of$1000 for the easements and will restore the easement areas when construction is complete.
Parks Department staff has reviewed and agreed to the request for the conveyance of the easements.
ATTACHMENTS
1. Location Map
NEWT Transmission Project Waterline
Easement Conveyances Location Map
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ORDINANCE NO. 088, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TWO WATERLINE EASEMENTS AND
TWO TEMPORARY CONSTRUCTION EASEMENTS ON CITY PROPERTY TO THE
NORTH WELD COUNTY WATER DISTRICT.
WHEREAS, the City is the owner of two parcels of real property located in Fort Collins,
Colorado, identified in County records as parcels number 97032-00-949 and 97031-00-945 (the
"City Property"); and
WHEREAS, the North Weld County Water District (NWCWD) and East Larimer County
Water District (ELCO) (together, the "Districts") are in the process of acquiring the necessary
easements for their waterline transmission project, which is scheduled to begin construction in
January, 2009 (the "Project"); and
WHEREAS, the Districts have asked the City to convey to NWCWD two waterline
easements for the Project on the City Property, as described on Exhibit "A", attached and
incorporated herein (the "Waterline Easements"); and
WHEREAS, one Waterline Easement is .266 acres in size and the other is .057 acres; and
WHEREAS, to facilitate construction of the Project within the Waterline Easements, the
Districts would also like the City to convey to NWCWD two temporary construction easements
on the City Property, as described on Exhibit `B", attached and incorporated herein (the
"TCEs"); and
WHEREAS, NWCWD has agreed to pay the City $1,000 as compensation for the
easements and has agreed to restore the easement areas upon completion of the Project to a
condition comparable to that which existed prior to construction of the Districts' improvements,
including the restoration of any improvements impacted by such construction or by the District's
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 waterline; 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 Waterline Easements and TCEs on the City
Property to NWCWD as provided herein 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 Waterline Easements and TCEs to NWCWD on terms and conditions
consistent with 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 15th day of
July, A.D. 2008, and to be presented for final passage on the 19th day of August, A.D. 2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of August, A.D. 2008.
Mayor
ATTEST:
City Clerk
Exhibit "A"
Page 1 of 4
Waterline Easement 1
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
A parcel of land,being dedicated as a waterline easement,being part of that parcel of land
described in that Warranty Deed recorded May 8, 1979 in Book 1950 at Page 599 of the records of
the Latimer County Clerk and Recorder,located in the Southeast Quarter of the Northeast Quarter
(SE1/4 NEI/4)of Section Three(3),Township Seven North(T.7N.),Range Sixty-nine West
(R.69 W.) of the Sixth Principal Meridian(61b P.M.),County of Latimer,State of Colorado,and
being more particularly described as follows:
COMMENCING at the Center-East Sixteenth (C-E 1/16) corner of said Section 3,said point
bearing North 89046'12"West a distance of 1323.31 feet from the East Quarter(El/4)corner of
said Section 3,and assumigg the West line of said SEl/4 NE114 as bearing North 00°31'15"East,
being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American
Datum 1983192,a distance of 1322.19 feet with all other bearings contained herein relative thereto:
THENCE North 00931'15"East along the West line of said SEI/4 NEl/4 a distance of 146.65 feet;
THENCE North 89053'36"East distance of 447.02 feet to the Southwesterly line of said parcel of
land described in Book 1950. at Page 599,said point being the POINT OF BEGINNING;
THENCE continuing North 89053'36"East a distance of 18.06 feet;
THENCE North 33'38'36"East a distance of 38.75 feet to the Northeasterly line of said parcel of
land described in Book 1950 at Page 599;
THENCE South 58°56'36"East along the Northeasterly line of said parcel of land described in
Book 1950 at Page 599 a distance of 50.05 feet:
THENCE South 33"38'36"West a distance of 48.12 feet to the Southwesterly line of said parcel of
land described in Book 1950 at Page 599;
THENCE North 58"56'06"West along the Southwesterly line of said parcel of land described in
Book 1950 at Page 599 a distance of65.09feet to the POINT OF BEGINNING.
Said waterline easement contains 2,476 sq.ft.or 0.057 acre,more or less (t),and is subject to any
rights-of-way or other easements of record or now existing on said described parcel of land.
Waterline Easement 1
WATERLINE EASEMENT & EXHIBIT 11Al' THE CITY OF FORT COLLINS
TEMPORARY CONSTRUCTION EASFMENTl I SFYyNFY4 SEC. 3, T.7N., R.69W.
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Page 3of4
Waterline Easement 2
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
A parcel of land,being dedicated as a waterline easement,being part of that strip of land described in
Exhibit A-4 in that Quit Claim Deed recorded June 4, 1990 as Reception No.90023707 of the records of the
Larimer County Clerk and Recorder,located in the Southeast Quarter(SEI/4)of Section Three(3).
Township Seven North(T.7N.),Range Sixty-nine West(R.69WI of the Sixth Principal Meridian(6"P.M.),
County of Larimer,State of Colorado,and being more particularly described as follows:
BEGINNING at the Southeast Sixteenth(SEl/16)corner of said Section 3,and assuming the West line or
the Northeast Quarter of the Southeast Quarter(NE114 SEI/4)of said Section 3 as bearing North 00°33'33"
East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American
Datum 1983192,a distance of 1321.62 feet with sit other bearings contained herein relative thereto:
THENCE North 00033'33"East along the West line of said NE114 SEI/4 a distance of 28.69 feet to the
Northerly sideline of said strip of land described in Exhibit A-4;
THENCE South 64055'46"East along the Northerly sideline of said strip of land described in Exhibit A-4 a
distance of 4396 feet;
THENCE South 00033'33"West along a line being Forty(40)feet,as measured at a right angle,East of and
parallel with the West line of said NE114 SEI/4 a distance of 10.44 feet;
THENCE South 00032'12"West along a line being Forty(40)feet,as measured at a right angle,East of and
parallel with the West line of the Southeast Quarter of the Southeast Quarter(SE1/4 SEI/4)a distance of
99A8 feet to the Southerly sideline of said strip of land described in Exhibit A-4;
THENCE North 64055'46"West along the Southerly sideline of said strip of land described in Exhibit A-4 a
distance of 238.85 feet to the North line of the Southwest Quarter of the Southeast Quarter(SW 114 SE1/4);
THENCE South 89033'46`East along the North line of said S W I/4 SEIM a distance of 177.29 feet to the
POINT OF BEGINNING.
Waterline Easement 2
WATERLINE EASEMENT & EXHIBIT "All
CITY
OF FORT COLLINS
TEMPORARY CONSTRUCTION EASEMENTsEY, SEECC. 3, T.7N,, R.69W,
Page 4 of 4
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Exhibit "B"
Page 1 of 2
Temporary Construction Easement 1
Said waterline easement contains 2,476 sq.ft.or 0.057 acre,more or less (f),and is subject to any
rights-of-way or other easements of record or as now existing on said described parcel of land.
Said waterline easement will be benefited by a TEMPORARY CONSTRUCTION EASEMENT
adjoining to die Southeasterly line of said waterline easement,and being more particularly
described as follows:
COMMENCING at the Center-East Sixteenth (C•E 1/16)corner of said Section 3,said point
bearing North 89"46'l2"West a distance of 1323.31 feet from the East Quarter(El/4)corner of
said Section 3,and assuming the West line of said SEl/4 NEU4 as bearing North 00"31'15"East,
being a Grid Bearing of the Colorado State Plane Coordinate System,North 7.one,North American
Datum 1983/92,a distance of 1322.19 feel with all other bearings contained herein relative thereto:
THENCE North 00"31'15"East along the West line of said SEI/4 NE114 a distance of 146.65 feet;
THENCE North 89053'36"East a distance of 447.02 feet to the Southwesterly line of said parcel of
land described in Book 1950 at Page 599;
THENCE continuing North 69°53'36"East a distance of 18.06 feet;
THENCE North 33038'36"East a distance of 38-75 feet to the Northeasterly line of said parcel of
land described in Book 1950 at Page 599;
THENCE South 58°56'36"East along the Northeasterly line.of said parcel of land described in
Book 1950 at Page 599 a distance of 50.05 feet to the Northeasterly comer of said waterline
THENCE continuing South 58056'36"East along the Northeasterly line of said parcel of land
described in Book 1950 at Page 599 a distance of 40.04 feet;
THENCE South 33038'36"West a distance of 42.81 feet;
THENCE South 89053'36"West a distance of 10.25 feet to the Southwesterly line of said parcel of
land described in Book 1950 at Page 599;
THENCE North 58056'06"West along the Southwesterly line of said parcel of land described in
Book 1950 at Page 599 a distance of 31.51 feet to the Southeasterly corner of said waterline
easement;
THENCE North 33038'36"East along the Southeasterly lineof said waterline easement a distance
of 4$.12 feet to the POINT OF BEGINNING.
Said temporary construction easement contains 1,902 sq.ft.or 0.044 acre,more or less (±),and is
subject to any rights-of-way or other easements of record or as now existingon said described
parcel of land.
SURVEYOR'S STATEMENT
L Steven A.Lund,.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 eorree of my knowledge and belief.
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650 East Garden Drive
Windsor,Colorado 80550
(970) 686-5011
JN:2006271/2006272
Exhibit "B"
Page 2 of 2
Tempprary Construction Easement 2
Said waterline easement contains 11,597 sq.ft.or 0.266 acre,more or less a),and is subject to any rights-
of-way or other easements of record or as now existing on said described parcel of land.
Said waterline easement will be benefited by a TEMPORARY CONSTRUCTION EASEMENT being
Seventy-five(75) fect wide adjoining to the Easterly sideline of said waterline easement,beginning on the
Northerly sideline of said strip of land described in Exhibit A-4 and terminating on the Southerly sideline of
said strip of land described in Exhibit A-4.
Said temporary construction easement contains 8,244 sq.ft.or 0.189 acre,more or less(f),and is subject to
any rights-or-way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATE&IENT
I,Steven A.Lund,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.
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