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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2004 - ITEMS RELATED TO EASEMENTS FOR THE NEW CENTERS FOR ITEM NUMBER: 14 A-B AGENDA ITEM SUMMARY DATE: October5, 2004 FORT COLLINS CITY COUNCIL STAFF: Helen Matson Dennis Sumner SUBJECT Items Related to Easements for the New Centers for Disease Control Facility. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 154, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to Xcel Energy on City Property at North Overland Trail and West Mulberry Street for a Natural Gas Line. B. Second Reading of Ordinance No. 155, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to the Centers for Disease Control and Prevention on City Property at North Overland Trail and West Mulberry Street for a Wastewater Service Line. The CDC is building a new facility near Fort Collins on the Colorado State University Foothills Campus. In order to construct the facility, the CDC requires a utility easement from the City for its wastewater service line over, under, and across a portion of City-owned property at the substation site on North Overland Trail and Mulberry Streets. The requested easements will not interfere with the City's use of this property. The Utilities Department staff has no objections to these easement requests. These Ordinances were both unanimously adopted on First Reading on September 21, 2004. ORDINANCE NO. 154, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT TO XCEL ENERGY ON CITY PROPERTY AT NORTH OVERLAND TRAIL AND WEST MULBERRY STREET FOR A NATURAL GAS LINE WHEREAS, the City of Fort Collins is the owner of the property on North Overland Trail and West Mulberry Street,Fort Collins,Larimer County,Colorado,described more fully on attached Exhibit"A" (the "City's Property"); and WHEREAS,the Centers for Disease Control and Prevention("CDC")is constructing a new facility at the Colorado State University Foothills Campus; and WHEREAS, in order for CDC to receive natural gas service to the new facility, the CDC is requesting that the City convey a non-exclusive easement over, on, across, and under a portion of the City's Property described on Exhibit 'B", attached hereto and incorporated herein by this reference, to construct, operate, maintain, repair, remove and replace an underground gas service line for CDC (the "Easement"); and WHEREAS, City staff has made a value finding for the Easement, and the CDC has agreed to pay the Easement value of$1,768 to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City,provided the Council first finds by ordinance that any sale or disposition of that real property owned by the will not materially impair the viability of any City utility system as a whole of which the property is a part,will be for the benefit of the City's citizens, and will be in the best interests 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 above described Easement will not materially impair the viability of the City's utility as a whole,will be for the benefit of the City's citizens, and is in the best interests of the City of Fort Collins. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary to convey the Easement to Xcel Energy upon the terns and conditions described above, and subject to such other terms and conditions as the Interim City Manager, in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 21st day of September,A.D. 2004, and to be presented for final passage on the 5th day of October,A.D. 2004. Mayor ATTEST: VUL�)' - City Clerk Passed and adopted on final reading on the 5th day of October, A.D. 2004. Mayor ATTEST: City Clerk ORDINANCE NO. 155, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION ON CITY PROPERTY AT NORTH OVERLAND TRAIL AND WEST MULBERRY STREET FOR A WASTEWATER SERVICE LINE WHEREAS, the City of Fort Collins is the owner of the property on North Overland Trail and West Mulberry Street,Fort Collins,Larimer County,Colorado,described more fully on attached Exhibit"A" (the "City's Property"); and WHEREAS,the Centers for Disease Control and Prevention("CDC")is constructing a new facility at the Colorado State University Foothills Campus; and WHEREAS, the CDC wishes to acquire a non-exclusive easement over, on, across, and under a portion of the City's Property described on Exhibit 'B" attached hereto and incorporated herein by this reference,to construct,operate,maintain,repair,remove and replace an underground wastewater service line (the "Easement'); and WHEREAS, City staff has made a value finding for the Easement, and the CDC has agreed to pay the Easement value of$4,125 to the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City,provided the Council first finds by ordinance that any sale or disposition of that real property owned by the will not materially impair the viability of any City utility system as a whole of which the property is a part, will be for the benefit of the City's citizens, and will be in the best interests 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 above-described Easement will not materially impair the viability of the City's utility as a whole,will be for the benefit of the City's citizens, and is in the best interests of the City of Fort Collins. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary to convey the Easement to CDC upon the terms and conditions described above, and subject to such other terms and conditions as the Interim City Manager,in consultation with the City Attorney, determines are in the best interest of the City. Introduced, considered favorably on first reading, and ordered published this 21st day of September,A.D. 2004, and to be presented for final passage on the 5th day of October,A.D. 2004. Mayor ATTEST: e City Clerk Passed and adopted on final reading on the 5th day of October, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 15 A-B AGENDA ITEM SUMMARY DATE: September 21, 2004 FORT COLLINS CITY COUNCIL STAFF: Helen Matson Dennis Sumner SUBJECT Items Related to Easements for the New Centers for Disease Control Facility. RECOMMENDATION % Staff recommends adoption of the rdinanc son trs Reading. FINANCIAL IMPACT The conveyance of these two easements will result in a payment to the City of$5,893. All costs associated with the easements, including restoration, will be paid by the Centers for Disease Control and Prevention ("CDC"). EXECUTIVE SUMMARY A. First Reading of Ordi o. 2 ; Autho Lng the Conveyance of a Non- exclusive Utility Easement to Xcel Energy on City Property at North Overland Trail and West Mulberry Street for a Natural Gas Line. B. First Reading of Ordinance No. 155, 2004, Authorizing the Conveyance of a Non- exclusive Utility Easement to the Centers for Disease Control and Prevention on City Property at North Overland Trail and West Mulberry Street for a Wastewater Service Line. The CDC is building a new f it Ott11 s t o rado State University Foothills Campus. In order to constru he facil , the iresIm tility easement from the City for its wastewater service line r, u and cr s a porti of City-owned property at the substation site on North Overlan rail u erry Stree s. In addition, in order to get gas service to the new facility, the CDC requires a utility easement be granted by the City to Xcel Energy for the has service line for CDC, also across the substation site. The City acquired the substation site, consisting of 2.7 acres, from Colorado State University in 1973. The site runs south and north of the extended Mulberry Street. The City has its substation on the south side of Mulberry Street. The City's site also includes the low-lying land on the north side of Mulberry Street with the Pleasant Valley and Lake Canal running through the property. The area that is requested to be used for these easements is between the Pleasant Valley and Lake Canal and the northerly boundary of the City property. The requested easements will not interfere with the City's use of this property. The Utilities Department staff has no objections to these easement requests.