HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2003 - FIRST READING OF ORDINANCE NO. 035, 2003, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER:
16
DATE: March 4, 2003
FORT COLLINS CITY COUNCIL Craig Foreman
STAFF: Helen Matson
SUBJECT:
First Reading of Ordinance No. 035, 2003, Authorizing the Grant of a Non-exclusive Utility
Easement to Poudre Valley Rural Electric Association Across City-owned Property at the Western
Boundary of Taft Canyon P.U.D.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
The conveyance of the easement will result in compensation to the City in the amount of$500. REA
will bear all costs associated with the easement for restoration of the area following construction.
EXECUTIVE SUMMARY:
The proposed easement is located on a tract of land along the western boundary of Taft Canyon
P.U.D. that was deeded to the City in 1987 for a trail. The current plan for this area is for the trail
to be on the property adjoining to the west and then possibly cross over this property to cross County
Road 38-E. City property is located at the westernmost boundary of Taft Canyon and is outside city
limits. Due to growth in the area, existing meters for Poudre Valley Rural Electric Association
("REA")are over-extended. To avoid continual problems,including brown-outs,REA is proposing
that an electrical cable in 6"conduit be installed in the utility easement areas of adjacent properties.
To complete this installation,REA is requesting to cross City property(underground)in two areas.
These pocket easements measure 10'x 15', one located at the southern end of the property and the
other at the northern end of the City's property. The work in this area will not interfere with the
proposed trail crossing on this property. The Parks Department staff has no objections to the
requested easement.
• ORDINANCE NO. 035, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE
UTILITY EASEMENT TO POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION ON CITY-OWNED PROPERTY
AT THE WESTERN BOUNDARY OF TAFT CANYON P.U.D.
WHEREAS,the City of Fort Collins is the owner of certain real property,outside of the city
limits, known as Lot 20 and that Portion of Lot 31 along the western boundary of Taft Canyon
P.U.D. Second Replat in Latimer County, Colorado (the "City's Property"); and
WHEREAS,increased growth in the area has overburdened the current electrical meters and
if left as is,citizens would experience problems in their electrical service,including brown outs;and
WHEREAS, Poudre Valley Rural Electric Association, Inc. ("REA") wishes to acquire a
non-exclusive easement over,on,across,and under a portion of the City's Property(as described in
Exhibit "A", attached hereto and incorporated herein by this reference) to construct, operate,
maintain, repair, remove and replace underground utility line to improve electrical service in the
area; and
WHEREAS, REA has agreed to pay to the City the estimated value of the easement, in the
amount of$500, and to pay all restoration costs; and
WHEREAS,City staff has identified no negative impacts to the City to result from the grant
of the requested easement or installation of the REA electric service line; 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 any sale or disposition of that real property interest 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 above described conveyance of a non-exclusive utility easement under
and across the Easement Area is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is authorized to execute such documents of conveyance as are
necessary to convey the Easement to REA upon the terms and conditions described above, and
subject to such other terms and conditions as the City Manager determines are in the best interest of
the City.
Introduced, considered favorably on first reading and ordered published this 4th day of
March, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
EXHIBIT A-PARCEL 1
LEGAL DESCRIPTION FOR A 15'WIDE POUDRE VALLEY R.E.A. UTILITY
EASEMENT
A 15' wide Poudre Valley R.E.A. utility easement situate in the Southeast quarter of Section 33,
Township 7 North, Range 69 West, of the 6th P.M., City of Fort Collins, County of Larimer, State
of Colorado and being more particularly described as follows:
Considering the West line of the said Southeast quarter as bearing North 00°49'51" East and with
all bearings contained herein relative thereto:
Commencing at the South quarter comer of said Section 33, thence along said West line of the
Southeast quarter, North 00°49'51" East 10.00 feet to the TRUE POINT OF BEGINNING of this
description; thence continuing along said West line, North 00°49'51" East 15.00 feet; thence South
89"35'38" East 10.00 feet to the East line of Lot 31, Taft Canyon P.U.D., Second Replat, a
subdivision on record in the office of the Clerk and Recorder of said County; thence along the East
line of said Lot 31, South 00°49'51" West 15.00 feet to the Southwest most corner of Lot 18A of
said Taft Canyon P.U.D., Second Replat; thence North 89°35'38" West 10.00 feet to the true point
of beginning. The above described easement is subject to all rights-of-way, easements and
restrictions now in use or on record.
•
EXHIBIT A-PARCEL 2
LEGAL DESCRIPTION FOR A IN WIDE POUDRE VALLEY R.E.A. UT _JTY
EASEMENT
A 15' wide Poudre Valley R.E.A. utility easement situate in the Southeast quarter of Section 33,
Township 7 North, Range 69 West, of the 6th P.M., City of Fort Collins, County of Larimer, State
of Colorado and being more particularly described as follows:
Considering the West line of the said Southeast quarter as bearing South 00°49'51" West and with
all bearings contained herein relative thereto:
Commencing at the Center quarter corner; thence along the West line of said Southeast quarter of
Section 33, South 00°49'51" West 60.00 feet to the Northwest corner of Lot 20, Taft Canyon
P.U.D., Second Replat, a subdivision on record in the office of the Clerk and Recorder of said
County; thence along the North line of said Lot 20, North 89'59'55" East 10.00 feet to the TRUE
POINT OF BEGINNING of this description; thence continuing along said North line, North
89'59'55" East 15.00 feet; thence South 00'49'51" West 10.00 feet to the North line of Tract "C"
of said Taft Canyon P.U.D., Second Replat; thence along said North line, South 89`59'55" West
15.00 feet to the Northwest corner of said Tract "C"; thence North 00°49'51" East 10.00 feet to the
true point of beginning. The above described easement is subject to all rights-of-way, easements
and restrictions now in use or on record.
LOCATION SKETCH
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