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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - SECOND READING OF ORDINANCE NO. 090, 2008, AUTHORI ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: August 19, 2008 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz SUBJECT Second Reading of Ordinance No. 090, 2008, Authorizing the Conveyance of Two Waterline Easements and Two Temporary Construction Easements on City Property to the North Weld County Water District and the East Latimer County Water District. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY The North Weld County Water District and East Latimer 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. This Ordinance, unanimously adopted on First Reading on July 15, 2008, authorizes the conveyance of the two easements. This Ordinance has been revised on Second Reading to add the East Latimer County Water District as a grantee. The NEWT project is being constructed jointly by both the North Weld County Water District (NWCWD) and the East Latimer County Water District (ELCO). Both entities are requesting the use of the waterline easement included in Ordinance No. 090, 2008. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 15, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: July 15, 2008 FORT COLLINS CITY COUNCIL ST,,4FF: Lindsay Kuntz SUBJECT ` First Reading of Ordinance No. 090, 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 consider af a rd theyeasements is $1000. This will include the cost of the easeme =, proces g, i traT- Theees. EXECUTIVE SUMMARY North Weld County Water District and East Latimer 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 inCisthp Od ie o ilte ant near Horsetooth Reservoir to the two Districts. The Disa ity vey a .266 acre and a .057 acre waterline easement and two too asement n a portion of two City properties for their waterline. One parce1 ed nort 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. ORDINANCE NO. 090, 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 AND THE EAST LARIMER 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 NB-them 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 NWC- D-them two temporary construction easements on the City Property, as described on Exhibit `B", attached and incorporated herein (the "TCEs"); and WHEREAS, h1'dteWB harthe Districts have agreed to pay the City $1,000 as compensation for the easements and harhave 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 and ELCO 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 and ELCO 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 ORDINANCE NO . 090, 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 AND THE EAST LARIMER 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 them 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 them two temporary construction easements on the City Property, as described on Exhibit "B", attached and incorporated herein (the "TCEs") ; and WHEREAS, the Districts have agreed to pay the City $ 1 ,000 as compensation for the easements and has—have 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 and ELCO 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 and ELCO 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