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
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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
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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
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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.
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LINE TABLE
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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
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The written properly description supersedes then W'
/ exhibit drawing. ff $7
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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