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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2005 - SECOND READING OF ORDINANCE NO. 063, 2005, AUTHORI ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: July5, 2005 FORT COLLINS CITY COUNCIL STAFF: Kathy Valdez SUBJECT Second Reading of Ordinance No. 063, 2005, Authorizing a Deed of Easement for the Pleasant Valley Pipeline. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY In April of 2001, the City of Fort Collins purchased certain real property from the estate of Robert Udall to be used as the Reservoir Ridge Natural Area. The City acquired the property along with any existing easements of record. Prior to the City obtaining title to the property, Robert Udall had granted an easement to Northern Colorado Water Conservancy District(NCWCD)for the Pleasant Valley Pipeline,which is used by Fort Collins Utilities to convey water. In March of 2005,NCWCD determined that the legal description used for the original easement was incorrect (it referenced an incorrect Range),making the original easement defective. Because the City is the current owner of record the City has been asked to approve a Deed of Easement correcting the legal description error. Once approved, NCWCD will record the document and provide a copy for City records. Ordinance No. 063, 2005, was unanimously adopted on First Reading on June 7, 2005. ORDINANCE NO. 063, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A DEED OF EASEMENT FOR THE PLEASANT VALLEY PIPELINE WHEREAS, in April 2001, the City acquired from the Estate of Robert Udall for its Natural Areas program certain real property that is now known as Reservoir Ridge Natural Area (the "Property"); and WHEREAS, at the time of acquisition of the Property, the City was on notice that an easement had been granted on the Property to the Northern Colorado Water Conservancy District ("NCWCD") for construction and perpetual operation of the Pleasant Valley Pipeline; and WHEREAS, NCWCD has since determined that the legal description used to convey the required easement was not correct, and has requested that the City, as the new owner of the Property, execute a deed of easement to correct the legal description, and in particular, the Range reference therein, for the easement; and WHEREAS, in order to eliminate confusion and uncertainty related to the easement, City staff has recommended to the City Council that the City execute a Deed of Easement conveying to NCWCD an easement for the Pleasant Valley Pipeline, on and under that certain portion of the Property more specifically described on Exhibit"A", attached hereto and incorporated herein by this reference (the "Easement"); 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 such sale or disposition is in the best interests of the City; and WHEREAS, it is in the City's interest to grant the Easement to clarify the originally intended grant of easement, without requiring that NCWCD pay compensation to the City for the Easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above described conveyance of the Easement is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Easement to NCWCD upon the terns and conditions described above, and subject to such other terms and conditions as the 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 7th day of June, A.D. 2005, and to be presented for final passage on the 5fla day of July, A.D. 2005. I or TEST: City Clerk Passed and adopted on final reading this 5th day of July, A.D. 2005, Mayor ATTEST: City Clerk ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: June 7, Zoos FORT COLLINS CITY COUNCIL STAFF: Kathy Valdez SUBJECT First Reading of Ordinance No. 063,2005,Authorizing a Deed of Easement for the Pleasant Valley Pipeline. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY In April of 2001, the City of Fort Collins purchased certain real property from the estate of Robert Udall to be used as the Resery r Ride tur h _ityquired the property along with any existing easements of reco . Prior 'the City ng Vt#Ie to the property, Robert Udall had granted an easement to Northern Colo ado Water C servancy;pistrict(NCWCD) for the Pleasant Valley Pipeline, which is used ort Collins Utilities to convey water. In March of 2005, NCWCD determined that the legal description used for the original easement was incorrect (it referenced an incorrect Range), making the original easement defective. Because the City is the current owner of record the City has been asked to approve a Deed of Easement correcting the legal description error. Once approved,NCWCD will record the document and provide a copy for City records.