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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/02/2014 - SECOND READING OF ORDINANCE NO. 111, 2014, AUTHORIAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Ginger Purvis, Senior Electrical Engineer Steven Catanach, Light & Power Operations Manager SUBJECT Second Reading of Ordinance No. 111, 2014, Authorizing the Conveyance of a Shared Access Easement on City Property to Public Service Company of Colorado. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 19, 2014, authorizes the conveyance of a shared access easement to Public Service Company of Colorado for an access road at the Timberline Substation Property. The City of Fort Collins Utility Department owns a property at the southwest corner of Prospect Road and Timberline Road which is the location of the Timberline Substation (the “City Property”). Public Service Company of Colorado, Inc. (PSCo) owns a small tract of land on Timberline Road which is surrounded on three sides by the City Property. The access to the two properties is by means of an existing driveway located on Timberline Road of which a portion falls on to each property. In order to establish an easement of record for the allowed use of the driveway by each party, the Utility Department and PSCo have proposed the conveyance of a shared access easement allowing both parties the right to use the driveway for access purposes. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, August 19, 2014 (w/o attachments) (PDF) 2. Timberline Substation Xcel Easement.ord (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY August 19, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Ginger Purvis, Senior Electrical Engineer Steven Catanach, Light & Power Operations Manager SUBJECT First Reading of Ordinance No. 111, 2014, Authorizing the Conveyance of a Shared Access Easement on City Property to Public Service Company of Colorado. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of a shared access easement to Public Service Company of Colorado for an access road at the Timberline Substation Property. The City of Fort Collins Utility Department owns a property at the southwest corner of Prospect Road and Timberline Road which is the location of the Timberline Substation (the “City Property”). Public Service Company of Colorado, Inc. (PSCo) owns a small tract of land on Timberline Road which is surrounded on three sides by the City Property. The access to the two properties is by means of an existing driveway located on Timberline Road of which a portion falls on to each property. In order to establish an easement of record for the allowed use of the driveway by each party, the Utility Department and PSCo have proposed the conveyance of a shared access easement allowing both parties the right to use the driveway for access purposes. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION The City Property was purchased in 1973 by the City Utility Department and developed for an electric power substation and transmission facility which is operated by PRPA. PSCo’s property is surrounded by the City Property on Timberline Road (“PSCo Property). The access to both the City Property and the PSCo Property is by means of a driveway located on Timberline Road. The driveway has existed and has been used by the City and PSCo since the 1980s. It was recently determined that an easement for the driveway had never been recorded. A survey of the driveway revealed that a portion of the driveway is located on the City Property and a portion on the PSCo Property. The conveyance of the shared access easement will establish for the record the location of the easement and the allowed use by each party. As part of the shared access easement agreement, the City will reserve the right for PRPA and other users of the City Property to utilize the driveway for access purposes. FINANCIAL / ECONOMIC IMPACTS Given the existence and usage of the driveway by both parties for over three decades, City staff recommends the shared access easement be granted to Public Service Company of Colorado, Incorporated at no cost. Agenda Item 12 Item # 12 Page 2 ATTACHMENTS 1. Location Map (PDF) - 1 - ORDINANCE NO. 111, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A SHARED ACCESS EASEMENT ON CITY PROPERTY TO PUBLIC SERVICE COMPANY OF COLORADO WHEREAS, the City owns a parcel of land at the southwest corner of Prospect Road and Timberline Road identified in the records of the County Assessor as parcel number 87191-00- 917 (the “City Property”); and WHEREAS, the City Property is the location of an electric power substation and transmission facility that is operated by Platte River Power Authority (“Platte River”); and WHEREAS, Public Service Company of Colorado, Inc. (PSCo) owns a small tract of land on Timberline Road identified in County records as parcel number 87191-00-826 (the “PSCo Property”), which is surrounded on three sides by the City Property; and WHEREAS, both the City Property and the PSCo Property have historically been accessed by means of a shared driveway, which a recent survey shows is partly on the City Property and partly on the PSCo Property; and WHEREAS, no easement has ever been recorded for the driveway; and WHEREAS, the City and PSCo would like to establish an easement of record on their respective properties for a right of shared access by both parties and their agents, assignees and licensees, including Platte River; and WHEREAS, the location of the proposed easement on the City Property is described on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the City does not plan to charge PSCo for the Easement on the City Property because, as consideration for the Easement, PSCo has agreed to grant the City reciprocal rights on the PSCo Property; and WHEREAS, City staff has not identified any negative impacts to the City resulting from the granting of the Easement; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: - 2 - Section 1. That the conveyance of the Easement on the City Property to PSCo as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to PSCo 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 description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 19th day of August, A.D. 2014, and to be presented for final passage on the 2nd day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk