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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2006 - FIRST READING OF ORDINANCE NO. 160, 2006, AUTHORIZ ITEM NUMBER: 25 AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Comstock Patrick Hyland SUBJECT First Reading of Ordinance No. 160, 2006,Authorizing a Right-of-Way Easement and Temporary Construction Easements on City-Owned Property at Meadow Springs Ranch, for Overland Pass Pipeline Company, LLC. RECOMMENDATION Staff recommends adoption of the Ordinance on First .Readin P g The Land Conservation and Stewardship Board unanimously recommends approval of this Ordinance. The Water Board will consider these easements at its meeting scheduled for September 28, 2006, and a memorandum reporting on the Board's action will be provided to Council prior to First Reading. FINANCIAL IMPACT Overland Pass Pipeline Company, LLC will pay all costs associated with its activities. Total consideration in the amount of$14,444 will be paid to the City by Overland Pass Pipeline Company, LLC, for the value of the easements. EXECUTIVE SUMMARY Overland Pass Pipeline Company, LLC, has requested a right-of-way construction easement to construct a liquid natural gas pipeline through the Meadow Springs Ranch,owned by the City. This Ordinance will authorize conveyance of the right-of-way easement and temporary construction easements. BACKGROUND Overland Pass Pipeline Company, LLC wants to construct a 12-14 inch liquid natural gas pipeline through property owned by the City of Fort Collins at Meadow Springs Ranch. The construction of this pipeline will be adjacent to and running along the south side of four already existing pipelines running through Meadow Springs Ranch. The City has already received an Environmental Assessment Report, which is being reviewed by Lois Rellergert, Environmental Regulatory October 3, 2006 -2- Item No. 25 Specialist for the City of Fort Collins. A copy of her review will be provided to Council prior to P Y First Reading. An Environmental Assessment filed in relation to a previous pipeline presently being constructed by Entrega Gas Pipeline, LLC, was reviewed by Karen Manci, Senior Environmental Planner, who found the Entrega project would likely have "... only minor, temporary impacts to wildlife and native vegetation communities of the Meadow Springs Ranch property." The Overland Pass pipeline will be constructed in the area that was the temporary construction easement of the Entrega pipeline. ATTACHMENTS 1. Location map of proposed pipeline. 2. Map of Meadow Springs Ranch with proposed pipeline location and easements located on the property. 2. Minutes from the Land Conservation and Stewardship Board dated September 13, 2006. ATTACHMENT f to 1.WYOil" 7'��'� Entrega Pipeline-19 o�. j. N t az � eL f.� Propos9�,� Pipeline � , At- t. f4 f —6v r � jz 62( \ _ i l a rI/ f j. / ` t 9, J'. \ 1 t 2- City of Fort Collins Parcel T12N R67W Sec. 20 — °��' rats r„�,,,,,,.o� ❑ — - —`——�`•— Entrega Pipeline Proposed Pipeline Meadows Springs Ranch Boundary R68W R67W W`yOMING T� arrtnwMR.w COLOR'ADO ranurra.e �vRlaw.r vwnnr+nv MOB wotirtewelll IIRMPwM rarnun �. � .rs[y$` MRTE IE®f �oRPwM R ��'. RPIrPwR ulTroc ulw:.s r..nl.:nor u+I r r+n usw+rt + .� M�Ra awnia TaMarrr�nrr IYlIf Ms rOMT IT}S�wrwwlP yr �aRligNlwn .r.R PMRl� 101"'R'n" RwrKMrrtaw+r NRIuwP Tw rAsl[nl nAR wawTr IMA wlw k � 11RMPwM � 111E(IStI[NI � l! '� /�t' N4(APYIMr U ' O € U 32 wa T12N T 11 N tls' 5 �onawM ro ueTsxr RANCH BOUNDARY S` A E TmrawPw 10I1d/INYN1r r4RP tt�R Ion.R 110M PRIVATE , ' •9nP PRIATE M1 MAY nA RK r/BM� OTM1IMf�IJR M111p S tt�RMPMr,Y �.. MYD lEMOM1' { 26 °"°„ r III III swwrliMnawln ra nnva - PRIVATE T11N T11N r alrtvrruenort T10N T10N t)MJRM TrI imunnl n�na 1 L �stl� Z Q PIPELINE LOCATION' :) MEADOWS SPRINGS: RANCH y W _ Pipelir►e i�=aPproxi'ma,tely, C�J 29µ'mli es -North °of - wy;*, Z y N ATTACHMENT 3 EXCERPT FROM: MINUTES MINUTES CITY OF FORT COLLINS LAND CONSERVATION & STEWARDSHIP BOARD Regular Meeting 200 W. Mountain, Suite A September 13,2006 For Reference: Bill Bertschy - 491-7377 Mayor Doug Hutchinson - 416-2154 John Stokes, Staff Liaison - 221-6263 Board Members Present Bill Bertschy,Michelle Brown, Greg Eckert, Michelle Grooms, Greg Snyder, Linda Stanley, Karyl Ting Board Members Absent Paul Hudnut, Vicky McLane Council Liaison Mayor, Doug Hutchinson Staff Present Natural Resources Dept: Daylan Figgs, Geri Kidawski,Mark Sears,John Stokes Operations Services/Real Estate Services: Patrick Hyland Overland Pass Pipeline Easement—Meadow Springs Ranch Pat Hyland of the City Real Estate Services Department said he is looking for a recommendation from the Board authorizing the Conveyance of Right-of-Way Easement, and the Grant of Temporary Construction Easement to Overland Gas Pipeline Company, LLC for the construction of a liquid natural gas pipeline at Meadow Springs Ranch. Discussion of the Board Members on this staff recommendation. Greg Snyder made the following motion: "Move that the Land Conservation& Stewardship Board recommends to Council they authorize the Conveyance of a Right-of-Way Easement and the Grant of a Temporary Construction Easement to Overland Gas Pipeline Company, LLC for the construction of a liquid natural gas pipeline at Meadow Springs Ranch. The motion was second by Karyl Ting. Additional discussion of the Board Members. The motion passed unanimously. ORDINANCE NO. 160, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A RIGHT-OF-WAY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF A LIQUID NATURAL GAS PIPELINE ON MEADOW SPRINGS RANCH WHEREAS, the City is the owner of the area known as Meadow Springs Ranch, located in northern Latimer County and northwest Weld County, Colorado; and WHEREAS, Overland Pass Pipeline Company, LLC ("Overland Pass") is proposing to purchase a right-of-way easement and temporary construction easements (the "Easements") for construction of a liquid natural gas pipeline twelve to fourteen inches in size on, across and under the areas described on Exhibit "A", attached hereto and incorporated herein by this reference(the "Easement Area"); and WHEREAS, City Real Estate Services staff has determined that the estimated fair market value of the Easements on the Easement Area is $14,444; and WHEREAS, Overland Pass has agreed to pay the City compensation in the total sum of $14,444 for the Easements; and WHEREAS, City Utility staff has determined that the conveyance of the Easements on the Easement Area will not have any adverse effects on said property by the construction of the pipeline; and WHEREAS, the Land Conservation and Stewardship Board reviewed the proposed conveyance and unanimously recommended that the Council approve the conveyance of the Easements at its regular meeting held on September 13, 2006; 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 or ordinance that any sale or disposition of that real property interest 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 City Council hereby finds that the above-described conveyance of the Easements, on, across and under the Easement Area consistent with the terms of this Ordinance 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 will be 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 for the City to convey the Easements on, across and under the Easement Area as described herein and consistent with the terms of this Ordinance, together with such additional terms and conditions as the Mayor, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City in this matter, including any necessary corrections to the legal description thereof that do not result in a material increase or change in the character of the Easement Area. Introduced, considered favorably on first reading, and ordered published this 3rd day of October, A.D. 2006, and to be presented for final passage on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 17th day of October, A.D. 2006. Mayor ATTEST: City Clerk PROPERTY DESCRIPTION Exhibit-A (l of 3) A Fifty(50)foot wide permanent easement located in the South Half(Sl/2)of Section Twenty(20), Township Twelve North(T.12N.j,Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(6'" P.M.),County of Weld,Slate of Colorado,the centerline of said easement being more particularly described as follows: COMMENCING at the Southeast corner of said Section 20 and assuming the South line of the Southeast Quarter(SEI/4)of said Section 20 as bearing South 89°27'02"West,being a grid bearing of the UTM Coordinate System,Zone 13,North American Datum 1983192,with all other bearings contained herein being relative thereto; THENCE South 89°27'02"West along said South line a distance of 1735.63 feet; THENCE North 00°32'58"West a distance of 238.19 feet to the Westerly line of a parcel of land described in Book 1619 Page 614,and to the POINT OF BEGINNING,said point hereinafter referred to as Point "A.., THENCE Noah 68"42'18"West a distance of 885.10 feel; THENCE North 67°29'00"West a distance of 186.37 feel; THENCE North 67°28'54"West a distance of 186.38 feet,said point hereinafter referred to as Point"B"; THENCE North 63°30'57"West a distance of 908.15 feet to the East line of a parcel described in Book 335 Page 505 and to the POINT OF TERMINUS; Said easement contains 108,297 sq.ft.or 2.49 acres more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on said described parcel of land. It is the intent of this description that the sidelines of said easement at the Point of Beginning and at the Point of Terminus be lengthened or shortened to intersect the property lines. Together with a Twenty-five(2$)foot wide temporary construction easement. The Northeasterly lines of said temporary construction easement are abutting the Southwesterly lines of the aforesaid described parcel. Sidelines of said parcel at the Point of Beginning and the Point of Terminus are lengthened or shortened to intersect the properly lines Said temporary construction easement contains 54,627 sq.ft.or 1.25 acres more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on said described parcel of land. ADDITIONALTEMPORARY WORKSPACE 1: COMMENCING at the aforesaid Point"A" THENCE South 20"55'55"West along the Westerly line of a parcel of land described in Book 1619 Page 614 a distance of 50.00 feet to the POINT OF BEGINNING; 'Ft IENCE continuing South 20°55'55"West a distance of 125.00 feel; THENCE North 68°42'19"West a distance of 427.12 feet; THENCE North 21°17'42"East a distance of 125.00 feet; THENCE South 68°42'18"East a distance of 426.33 feet to the POINT OF BEGINNING; Said Additional Temporary Workspace contains 53,341 sq.ft.or 1.22 acres more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on said described parcel of land. ADDITIONAL TEMPORARY WORKSPACE 2: COMMENCING at the aforesaid Point"A" THENCE North 68.42'18"West a distance of 665.69 feet,said point hereinafter referred to as Point"C"; 'Ft IENCE South 21°17'42"West a distance of 50.00 feet to the POINT OF BEGINNING; THENCE continuing South 21°17'42"West a distance of 55.00 feet; THENCE North 68°42'18"West a distance of 150.00 feet; 'Ft IENCE North 21°I7'42"East a distance of 55.00 feet; THENCE South 68"42'18"East a distance of 150.00 feet to the POINT OF BEGINNING; Said Additional Temporary Workspace contains 8.250 sq.ft.more or less(+/-),and is subject to any rights- of-way or other easements of record as now existing on said described parcel of land. ADDITIONAL TEMPORARY WORKSPACE 3: COMMENCING at the aforesaid Point"C" TIIENCE North 68"42'18"West a distance of 217.32 feet; THENCE South 21"17'42"West a distance of 50.00 feet to the POINT OF BEGINNING; THENCE continuing South 21°17'42"West a distance of 55.00 feet; THENCE Noah 68"42'I8"West a distance of 3.21 feet; 'ft iENCE North 67°29'00"West a distance of 31.44 feel; THENCE South 22-31'00"West a distance of 45.00 feet; TIIENCE North 67"29'00"West a distance of 195.34 feet; 'ft IENCE North 42°52'33"East a distance of 106.66 feet; 0:\2006340\Desc-Closure\FT COLLINS\Ft Collins-Desc.doc (2 of 3) THENCE South 67"28'54"East a distance of 2.19 feet; THENCE South 67"29'00"East a distance of 186.90 feet; 'ri IENCE South 68'42'18"East a distance of 2.63 feet to the POINT OF BEGINNING; Said Additional Temporary Workspace contains 19,553 sq.ft.more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on said described parcel of land. ADDITIONALTEMPORARY WORKSPACE 4: COMMENCING at the aforesaid Point"B" THENCE North 63°30'57"West a distance of 175.45 feet said point hereinafter referred to as Point"D"; THENCE South 26°29'03"West a distance of 50.00 feet to the POINT OF BEGINNING; THENCE South 63"30'57"East a distance of 177.18 fem Ti IENCE South 67°28'54"East a distance of 23.74 feet; THENCE South 40"48'27"West a distance of 156.51 feet; 'I'IIENCL'North 63°30'57"West a distance of 162.14 feet; THENCE North 26°29'03"East a distance of 150.00 feet W the POINT OF BEGINNING; Said Additional'remporury Workspace contains 27,213 sq.ft.more or less(+/-),and is subject to any rights-uf-way or other easements of record as now existing on said described parcel of land. ADDITIONAL TEMPORARY WORKSPACE 5: COMMENCING at the aforesaid Point"D" THENCE North 63°30'57"West a distance of 593.18 feet; THENCE South 26"29'03"West a distance of 50.00 feet to the POINT OF BEGINNING; THENCE South 26°29'03"West a distance of 100.00 feet; THENCE North 63'30'57"West a distance of 197.11 feet; THENCE North 46°52'28"East a distance of 106.68 feet; THENCE South 63°30'57"East a distance of 159.94 feet to the POINT OF BEGINNING; Said Additional Temporary Workspace contains 17,852 sq.ft.more or less(+/-),and is subject to any rights-of-way or other casements of record as now existing on said described parcel of land. All distances and measurements are grid distances of the UTM Coordinate System,Zone 13,North American Datum 1993/92. R�k4b q. RTIFICATE I,Lawrence S.Pepek,a Colora pr<5fyss Land Surveyor du hereby state that this Property 1 . Description was J under vG�onal upeMston d checking,and that it is true and correct to the best of my k I• e andbf1' 3 42 �Q ace S.Pcpr:k-on behalf of o -4urypyorie JS2 rado 12egistered Professional ONgL LPa Land Surveyor #33642 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 0;\2006340\Dese-C1osure\P"r COLLINS\Ft Collins-Dese.doc PIPELINE EASEMENT EXHIBIT S1/2 SEC. 20, T.12N., R.67W. (3 OF 3) � a NDD'3Y50-W 336,e_�J 200 100 D _ 200 g% tp m 1"= 200' - LINE TABLE LINE BEARING LENGTN LI NG77WOO,W I ]'L2 4§77W5VW I u U y 'W ] Fy [[ll / // / u Le -1 A / �e ' ' •w OWNER: CITY OF FORT COLLINS /� sQW Ls N211r4ft 55.01 REC. 2234550 DATE: 11-30-1990 /� m ua Lu Llt N '1 1 ^ LIS NA• LI] L4 u. NN ' Y n .q/ b yy5 .r� US Im.9v LI92 A YT O¢r" g 2a i /6,�p7 � mw L2] •WH C2 Us / .r b _------------ - ---- - � a <a \ \ r„v I FOUND ALIQUOT YpNYENT \ \ \ n / As DESCRIBED \ As"�Jsaa p/ A1W5-ADd➢CNK TEYYgiµT WMix]PACE 7 / NOT ALL KARWOS AND MSTµCES µE ONE.OF THE UHN.ZONE 13 Ndnx,NAO e3. �p{3 ERYµrHT CASEMENT AFA TEYPpfµY CCNs1RKlgEASEEENT ARE A: ,.2] AOBnWK 1EMPORAT ACf Acrx µFA: Z90 Acx NOTE: This exhibit drawing is not intended to be a monumented land survey. It's sole purpose is as a I r / graphic representation to aid in the visualization of C b 60 / /.oy. byg the written property description which it accompanies. I �_ The written properly description supersedes then W' / exhibit drawing. ff $7 W0�4 \ �Y vP 41-0 �0 0 awrence S. Pepek - ehalf of King 7 eyors, Inc. Colorado Registered P 'sionot Land Surveyor �'3364 %pN•....N�yJ' KING SURVEYORS, INC. PROJECT NO:2006340 DATE:9-15-06 650 Gordan Drive I Windsor,Colorado 80550 CLIENT:OVERLAND PASS phone:O70)686-5011 1 fax:O70) 586-5821 verland Pass DWG:06340FTCOL.dwg www.kilIgSLtrVCyorS.COM DRAWN:KER CHECKED:LSP