HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2006 - FIRST READING OF ORDINANCE NO. 135, 2006, AUTHORIZ ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: September5, 2006
FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz
SUBJECT
First Reading of Ordinance No. 135, 2006,Authorizing the Conveyance of a Utility Easement and
Temporary Construction Easement for the Greeley Waterline Enhancement Transmission Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The total amount of consideration to be paid to the City for these easements is $1,000. This will
include the cost of the easements, processing, and administration fees.
EXECUTIVE SUMMARY
As part of the Greeley Waterline Enhancement Transmission Project, the City of Greeley needs to
install a waterline on property owned by the City of Fort Collins. The City of Greeley has asked the
City of Fort Collins to grant two utility easements and two temporary construction easements for said
waterline. City staff has reviewed the proposed easement areas and has agreed that there will be no
negative impact to the City property by granting these easements. This Ordinance authorizes
conveyance of these easements to the City of Greeley.
BACKGROUND
The property owned by the City of Fort Collins is identified as parcel number 87083-00-969 and
87083-06-905. The easements proposed on parcel number 87083-00-969 include a 74 square foot
utility easement and a 3,278 square foot temporary construction easement. The easements proposed
on parcel number 87083-06-905 include a 2,914 square foot utility easement and an 8,615 square
foot temporary construction easement.
Utility & Temporary Construction
Easements Location Map
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INS
ORDINANCE NO. 135, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A UTILITY
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR THE GREELEY WATERLINE ENHANCEMENT TRANSMISSION PROJECT
WHEREAS, the City of Fort Collins (the "City") is the owner of the property described
at Reception 98024197 and at Reception 98111789 of the Larimer County Clerk and Recorder in
Fort Collins, Colorado (the "City Property"); and
WHEREAS, the City of Greeley wishes to acquire two utility easements under the City
Property, which easements are described on Exhibit "A" and Exhibit `B", attached hereto and
incorporated herein by this reference, and two temporary construction easements as described on
Exhibit "C" and Exhibit "D", also attached hereto and incorporated herein by this reference, as
part of the Greeley Waterline Enhancement Transmission Project; and
WHEREAS, the City of Greeley has agreed to pay to the City in exchange for the
easements the amount of$1000, and
WHEREAS, City staff has identified no significant adverse effects on the property
resulting from the grant of the requested easements or installation of the 60-inch water pipeline;
and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the
Council first finds by ordinance that any sale or other disposition of real property owned by the
City is in the best interest of the City of Fort Collins;
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 utility easements and temporary
construction easements on the City Property, in a manner consistent with this Ordinance, will be
for the benefit of the City's citizens and is in the best interest 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 such easements to the City of Greeley, upon the terns
and conditions described above, together with such other terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City, including any necessary corrections to the legal descriptions
thereof that do not result in a material increase or change in character of the intended easement
conditions.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D.
2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of September, A.D. 2006.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
PROPERTY DESCRIPTION
Exhibit-Tne City of Fort Collins
(1 of 2)
A parcel of land,being dedicated as a Twenty(20)foot wide waterline easement,being part of that parcel of
land described in that warranty deed recorded March 30,1998 as Reception No.98024197 of the records of
the Latimer County Clerk and Recorder(LCCR) and also being part of that parcel of land described in that
warranty deed recorded April 19,1985 as Reception No.95018621 of the records of the LCCR and also
being part of Lots 2 and 3,Summit View Industrial Park recorded June 25,1979 as Reception No.313560
of the records of the LCCR,located in the Southwest Quarter(SWI14)of Section Eight(8),Township Seven
North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6ih P.M.),County of
Latimer,State of Colorado,and being more particularly described as follows:
COMMENCING at the Southwest comer of said Lot 3,also being the Southwest comer of that parcel of
land described in that WD with Reception No.85018621,also being the Southeast comer of said Lot 2,also
being the Southeast comer of that parcel of land described in that WD with Reception No.98024197 and
assuming the South line of said Lot 3,also being the South line of that parcel of land described in that WD
with Reception No.850186ZI as bearing South 89036'56"East,being a Grid Bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 468.57 feet with all
other bearings contained herein relative thereto:
THENCE North 89036'56"West along the South line of said Lot 2,also being along the South line of that
parcel described in that WD with Reception No.98024197 a distance of 35.57 feet,said point being the
POINT OF BEGINNING;
THENCE continuing North 89036'56"West along the South line of said Lot 2,also being along the South
line of that parcel described in that WD with Reception No.9802.4197 a distance of 28.44 feet;
THENCE North 45°41'26"East a distance of 67.82 feet;
THENCE South 89018'34"East a distance of 79.68 feet to the beginning point of a curve,said curve being
non-tangent to aforesaid line;
THENCE along the are of said curve,which is concave to the Northeast,a distance of 40.50 feet,said curve
having a radius of 274.00 feet,a central angle of 08°28'09"and a long chord bearing South 59'41'19"East
a distance of 40.46 feet;
THENCE North 89018'34"West along a line being non-tangent to aforesaid curve a distance of 106.57 feet;
THENCE South 45041'26"West a distance of 39.33 feet to the POINT OF BEGINNING.
Said waterline easement contains 2,914 sq.ft.or 0,067 acre,more or less(±),and is subject to any rights-of-
way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
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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650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004485
M:\2004485A\property descriptions\ESMT-FORT COLLINS-19+20-WE.doc
Last printed 8/9/2006 3:01 PM
EXHIBIT "A"
WATERLINE EASEMENT EXHIBIT THE CITY OF FORT COLLINS
SW Y4 SEC. 8, T.7N., R.611W.
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EXHIBIT "B"
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(1 of 2)
A parcel of land,being dedicated as a waterline easement, being part of that parcel of land
described as The Skurich Fee Simple in that Rule and Order(Larimer County District Court Case
No.97 CV 346-3)recorded December 21,1998 as Reception No.98111789 of the records of the
Larimer County Clerk and Recorder(LCCR),located in the Southwest Quarter(SWI/4)of Section
Eight(8),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal
Meridian(6`h P.M.),County of Larimer,State of Colorado,and being more particularly described
as follows:
The North Fourteen(14)feet of said parcel of land described as The Skurich Fee Simple adjoining
to the West line of that parcel of land described in that Warranty Deed(WD) recorded October 29,
1984 in Book 2295 at Page 1396 of the records of the LCCR.
Said waterline easement contains 74 sq.ft.or 0.002 acre,more or less (t),and is subject to any
rights-of-way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
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.
O AEG
Steven A. f of King Surveyors,Inc.
Colorado Reign rofessional
Land Surveyor434995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970) 686-5011
JN:2004485
M:\2004485A\property descriptiom\ESMT-FORT COLLINS-25-WE.doc
Last printed 8/9/2006 11:49 AM
IBIT "B"
THE CITY OF FORT COLLINS
WATERLINE EASEMENT EXHIBIT SW Y4 SEC. 8, T.7N., R.68W.
I
(2. OF Z) NOTE: This exhibit drawing is not Intended to be
SEVER EASEMENT 70 I a monumented land survey. It's sole purpose is
BOXGZOER S4N/74770V aS7R/CT I os a graphic representation to aid in the
0707N OVW-S visualization of the written property description
BOGY 1B79 PACE 197 I which it accompanies. The written property
description supersedes the exhibit drawing.
LOT/
SUUJ4A97'VMWDVDUSTRW PARK JERaYNA.SNYDER
REC.NO.313S60 REc NO.26191011452
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POSS/BLE 20'U77VTY, 10'41PL17Y&ORA/NACE EASEMENT
ORAINA6E&1RRI6AA0V EAArMENT REC NO &
905W 1961 PAGE 921 REC NO. 20aVif7079
WEST LINE OF THAT PARCEL OF LAND
T DESCRIBED IN THAT WARRANTY DEED
ALPPARKRWEST.hQ1M ZLLC 1 RECORDED 10-29-1984 IN BOOK 2295 AT PAGE 1395
REC.Na. i 114'
WATERLINE EASEMENT
�I 74 SO.FT., 0.002 ACRE
DARRELL SKVRACN
20'SE0£R EASEMENT SOOK229JPACE735W
B01220ER SAN/TAARV 01SIRICT-I---{
BOOK 1550 PAGE 140
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KING SURVEYORS, INC. PROJECT NO:2004485
650 Guden Drive I Windsor,Colorado 80550 DATE:08/09/2006CLIENT:BOYLE ENGINEERING
phone:(970)686-5011 I f":(970)686-5821 DWG:ESMT-FORT COLLINS-25
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EXHIBIT "Cr.
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(1 of 3)
Two parcels of land,being dedicated as temporary construction easements,being parts of that
parcel of land described in that warranty deed recorded March 30, 1998 as Reception No.
98024197 of the records of the Latimer County Clerk and Recorder(LCCR) and also being parts of
that parcel of land described in that warranty deed recorded April 19, 1985 as Reception No.
85018621 of the records of the LCCR and also being parts of Lots 2 and 3,Summit View Industrial
Park recorded June 25, 1979 as Reception No.313560 of the records of the LCCR,located in the
Southwest Quarter(SW1/4) of Section Eight(8),Township Seven North(T.7N.),Range Sixty-
eight West(R.68W.) of the Sixth Principal Meridian(6'P.M.),County of Latimer,State of
Colorado,and being more particularly described as follows:
North Temporary Construction Easement
COMMENCING at the Southwest comer of said Lot 3,also being the Southwest comer of that
parcel of land described in that WD with Reception No.85018621,also being the Southeast comer
of said Lot 2,also being the Southeast comer of that parcel of land described in that WD with
Reception No.98024197 and assuming the South line of said Lot 3,also being the South line of
that parcel of land described in that WD with Reception No.85018621 as bearing South 89°36'56"
East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North
American Datum 1983/92,a distance of 468.57 feet with all other bearings contained herein
relative thereto:
THENCE North 89°36'56"West along the South line of said Lot 2,also being along the South line
of that parcel described in that WD with Reception No.98024197 a distance of 64.01 feet to the
POINT OF BEGINNING;
THENCE continuing North 89036'56"West along the South line of said Lot 2,also being along the
South line of that parcel described in that WD with Reception No.98024197 a distance of 23.29
feet to the beginning point of a curve,said curve being non-tangent to aforesaid line;
THENCE along the are of said curve,which is concave to the Southeast,a distance of 109.64 feet,
said curve having a radius of 1053.29 feet,a central angle of 05057'51"and a long chord bearing
North 40019'26"East a distance of 109.59 feet to a Point of Compound Curvature(PCC);
THENCE along the arc of a curve,which is concave to the South a distance of 39.36 feet,said
curve having a radius of 25.00 feet,a central angle of 90013'00"and a long chord bearing North
88024'52"East a distance of 35.42 feet to a Point of Tangency(PT);
THENCE South 46028'38"East a distance of 16.36 feet to a Point of Curvature(PC);
THENCE along the arc of a curve,which is concave to the Northeast,a distance of 42.93 feet,said
curve having a radius of 274.00 feet,a central angle of 08'58'36"and a long chord bearing South
50°57'56"East a distance of 42.88 feet;
THENCE North 89018'34"West along a line being non-tangent to aforesaid curve a distance of
79.68 feet;
THENCE South 45e41'26"West a distance of 67.82 feet to the POINT OF BEGINNING.
Said temporary construction easement contains 4,261 sq.ft.or 0.098 acre,more or less (t), and is
subject to any rights-of-way or other easements of record or as now existing on said described
parcel of land.
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M:\2004485A\property descriptionsTSMT-FORT COLLINS-19+20-TCE.doc
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Exhibit-The City of Fort Collins
(2 of 3)
South Temporary Construction Easement
BEGINNING at the Southwest comer of said Lot 3,also being the Southwest comer of that parcel
of land described in that WD with Reception No.85018621,also being the Southeast corner of said
Lot 2,also being the Southeast corner of that parcel of land described in that WD with Reception
No. 98024197 and assuming the South line of said Lot 3,also being the South line of that parcel of
land described in that WD with Reception No.85018621 as bearing South 89°36'56"East,being a
Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum
1983/92,a distance of 468.57 feet with all other bearings contained herein relative thereto:
THENCE North 89°36'56"West along the South line of said Lot 2 also being along the South line
of that parcel described in that WD with Reception No.98024197 a distance of 35.57 feet;
THENCE North 45041'26"East a distance of 39.33 feet;
THENCE South 89018'34"East a distance of 106.57 feet to the beginning point of a curve,said
curve being non-tangent to aforesaid line;
THENCE along the arc of said curve,which is concave to the Northeast a distance of 122.87 feet,
said curve having a radius of 274.00 feet, a central angle of 25°41'33" and a long chord bearing
South 76046'10"East a distance of 121.84 feet to the South line of said Lot 3, also being the South
line of that parcel of land described in that WD with Reception No.85018621;
THENCE North 89036'56"West along the South line of said Lot 3,also being the South line of
that parcel of land described in that WD with Reception No.85018621,being non-tangent to
aforesaid curve,a distance of 217.74 feet to the POINT OF BEGINNING.
Said temporary construction easement contains 4,354 sq.ft.or 0.100 acre,more or less (t), and is
subject to any rights-of-way or other easements of record or as now existing on said described
parcel of land.
SURVEYOR'S STATEMENT
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.
oPPpO REG�,
.Z
Steven A. f of King Surveyors,Inc.
Colorado Regis rofessional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
JN:2004485
M:\2004485A\property descriptions\ESMT-FORT COLLINS-19+20-TCE.doc
Last printed 8/152006 10:39 AM
FYI IBIT "C"
THE CITY OF FORT COLLINS
TEMPORARY CONSTRUCTION EASEMENTS EXHIBIT SW Y4 SECO
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650 Crudcn Drive Wind Colorado 80550
DATE:05/09/2006
i Windsor, CLIENT:BOYLE ENGINEERING
phone:(970)686-5011 1 fax:(970)686-5821 DWG:ESMT—FORT COLLINS-19+20
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EXHIBIT
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(1 of 2)
A parcel of land,being dedicated as a temporary construction easement,being part of that parcel of
land described as The Skurich Fee Simple in that Rule and Order(Larimer County District Court
Case No.97 CV 346-3)recorded December 21, 1998 as Reception No.98111789 of the records of
the Larimer County Clerk and Recorder(LCCR),located in the Southwest Quarter(SWl/4) of
Section Eight(8),Township Seven North (T.7N.),Range Sixty-eight West(R.68W.) of the Sixth
Principal Meridian(6'P.M.),County of Latimer,State of Colorado,and being more particularly
described as follows:
The South Eighty (80)feet of the North Ninety-four(94)feet of said parcel of land described as
The Skurich Fee Simple adjoining to the West line of that parcel of land described in that Warranty
Deed (WD)recorded October 29, 1984 in Book 2295 at Page 1396 of the records of the LCCR.
Said TCE contains 3,278 sq.ft.or 0.075 acre,more or less (t),and is subject to any rights-of-way
or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
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.
„00 Rc^0�
3499�5? ob
Steven A. of King Surveyors,Inc.
Colorado Reg ofessional
Land Surveyor#34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970) 686-5011
JN: 2004485
M:\2004485A\property descrlptions\ESMT-FORT COLLINS-25-TCE.doc
Last printed 8/9/200611:55 AM
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT THE CITY OF FORT COLLINS
SW Y4 SEC. 8, T.7N., R.68W.
(2 OF 2) NOTE: This exhibit drawing is not intended to be
SEN£R EASEMENT 70 I a monumented land survey. It's sole purpose is
EOXELOER SW174)7al/O1S7R/CT I as a graphic representation to aid in the
0/07N ✓14AYES visualization of the written property description
BOOK fE79 PAGE 197 I which It accompanies. The written property
description supersedes the exhibit drawing.
SUAVET%TW.AVUSTRL4L PARX LAS
1ER1L LOT I OER
R6C.NO 313S60 REC No-W10114e7
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POSV&Z"20'OM17Y, 2O'119V7Y&ORA/NAGE EASEMENT
DRAINAGE&/RR/CAAON EASEMENT AEC NO. 20"IY5914&
EOOK 1851 PAGE 921 REC. NO. 2 000 0 4 7079
WEST UNE OF THAT PARCEL OF LAND
DESCRIBED IN THAT WARRANTY DEED
AOlPARXN'✓ESTA&NTT,LLC RECORDED 10-29-1984 IN BOOK 2295 AT PAGE 1396
REC NO.7IXlf-AX77S7 I
L14RRELL SKLWCH
20'SEOER EASEMENT EOOX7.89SPAGE139S
90XELOER SAN/TAACYV 0/S7R/CT
,90CW 1550 PACE 140
TEMPORARY CONSTRUCTION EASEMENT
80 3,278 SQ.FT., 0.075 ACRE
10'ORA/NAC.E EASEMENT
F-REC NO. 2G00047079 ct
REC NO. 20DOObS915
7HECTFY0FFORrCQLUNS
REC NO.9B711789
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KING SURVEYORS, INC. PROJECT NO:2004485
DATE:08/09/2006
650 Garden Drive I Windsor,Colorado 80550
phone:(970)686-5011 1 fax:(970)686-5821 DWG:E MT—F ENGINEERING
DWG:ESMT—FORT COLLINS-25
w .kingsarveyors.com DRAWN: MCD CHECKED:SAL