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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/06/2001 - FIRST READING OF ORDINANCE NO. 41, 2001, AUTHORIZI FSUBJECT : ITEM SUMMARY ITEM NUMBER: 20 DATE: March 6, 2001 OLLINS CITY COUNCIL FROM: Craig Foreman of Ordinance No. 41, Authorizing the Conveyance of Non-exclusive Easement e Construction of a 27-Inch Sewer Line by South Fort Collins Sanitation District the Staley Neighborhood Park Site. RECOMMENDATION: Staff recommends the adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The Staley Neighborhood Park is located on the south side of Kechter Road (East County Road 36) between Ziegler Road (County Road 9) and Strauss Cabin Road (County Road 7). The park site is 10 acres in total area and joins the 15-acre Poudre School District site to the east. The proposed sanitary sewer line will be located along the west boundary of the Staley Neighborhood Park site, and is being installed to serve a new development to the west of the Park site. The permanent sewer line right-of-way will be 20' wide and adjacent to the park boundary. The temporary 80' wide construction easement will be located adjacent and to the east of the permanent right-of-way. The proposed sanitary sewer line can also provide service to the Park site, as well as to the adjacent school site. This will reduce the cost of developing the Park, because it will reduce the amount of sewer line required to be installed by the City at that time. The Park will not be developed for several years. ORDINANCE NO. 41, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A 27-INCH SEWER LINE BY THE SOUTH FORT COLLINS SANITATION DISTRICT ON A PORTION OF THE STALEY NEIGHBORHOOD PARK SITE WHEREAS, the City of Fort Collins owns that certain real property located on the south side of Kechter Road(East County Road 36)between Ziegler Road(County Road 9) and Strauss Cabin Road (County Road 7) in Latimer County, Colorado, known as the Staley Neighborhood Park site (the "Park"); and WHEREAS, the South Fort Collins Sanitation District (the "District') has proposed to develop a new sewer line 27 inches in diameter to be buried 20 feet deep along the western boundary of the Park, which will served a development to the west of the Park and will ultimately serve the Park, when the Park is improved in the future; and WHEREAS, in order to install the sewer line, the District has requested an 80-foot wide temporary construction easement and a 20-foot wide permanent easement over portions of the Park, as described in Exhibit "A", attached hereto and incorporated herein by this reference (the • "Temporary Construction Easement" and the "Permanent Easement'); and WHEREAS,the District has worked with City staff to coordinate the location of the proposed pipeline; and WHEREAS,City staff has negotiated with the District a Temporary Construction Easement Agreement, a draft of which, dated March 2, 2001, is on file in the office of the City Clerk and available for public inspection(the"Temporary Easement Agreement'),and which includes specific conditions governing the timing and extent of construction activities, and site reclamation requirements; and WHEREAS,City staff has negotiated with the District a Permanent Easement Agreement, a draft of which, dated March 2, 2001, is on file in the office of the City Clerk and available for public inspection (the "Permanent Easement Agreement'), and which includes specific conditions governing the operation, maintenance, and repair of the proposed sewer line; and WHEREAS,City staff has recommended that there be no charge to the District for the grant of the Temporary Construction Easement and Permanent Easement,because the proposed sewer line will eventually be used to serve the Park, as well as the adjacent Poudre School District site to the east of the Park, and will reduce the cost of developing the Park, because it will reduce the amount of sewer line required to be installed by the City at that time; 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 City 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 Temporary Construction Easement and the Permanent Easement, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Temporary Easement Agreement and the Permanent Easement Agreement, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney,determines to be necessary or appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 6th day of March, A.D. 2001, and to be presented for final passage on the 20th day of March, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of March, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT EXHIBIT A A Page 1 of 2 PROPERTY DESCRIPTION • City of Fort Collins Sewer Easement A strip of land Twenty feet(20') in width and being part of Lot One(1), MLD 00-S 1535 as recorded November 15, 2000 as Reception Number 2000078405 of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter(NE 1/4) of Section Nine (9), Township Six North(T.6N.), Range Sixty-eight West (R.68 W.)of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: Said 20' strip of land being the Westerly 20'of said Lot 1. Said described parcel of land contains 0.372 Acres, more or less (t) and is subject to any rights- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. TOGETHER WITH a Temporary Construction Easement being a strip of land Eighty feet(80') in width and being the East 80 feet of the West One Hundred feet(100') of the aforesaid Lot 1 and containing 1.486 Acres, more or less (t). SURVEYOR'S CERTIFICATE I, Charles B. Jones, 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, information, belief, and in my professional opinion. DD �D�•• rF9 Charles B. Jon :Q 2: :c) 2 098 in. • _ Colorado Regis McE.Professional v Land Surveyor # ........D S�Q KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-501 I Project Number: 99358 (May 16, 2000) (File: ft-col-a.txt) (Revised: December 20, 2000) PART OF SECTION 9 EXHIBIT SEWER EASEMENT EXHIBIT T.6N., R.68W., 6TH P.M. A Page 2 of 2 S88'28'48"E (BASIS OF BEARINGS) 2656.31' S88R8'48'E NORTH OUARTER CORNER SECTION 9, TOWNSHIP 6 NORTH, NORTHEAST CORNER RANGE 68 WEST SECTION 9, POINT OF BEGINNING TOWNSHIP 6 NORTH, RANGE 68 WEST m C SEWER EASEMENT W fi0.395 t ACRES f3 1 \N90'00'00'W 20.00' 100 50 0 100 1"= 100' RING SIIRI�EYDRS, INC. PROJECT 140:99358 9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 5/16/00 PHONE:(970) 686-5011 FAX:(970) 686-5821 CLIENT: EVERITT CO.'S WWW.KINGSURVEYORS.COM DWG: EXHIBIT-A.DWG Harmony Road 4t it ti b 04 U o �- U W °J U m N m Kechter Rd. (Co. Rd. # 36) I i ! Staley Neighborhood Park P g oudre School District (undeveloped) (undeveloped school site) Proposed Sewer Line Right-of-Way DETAIL Kechter Rd. (Co. Rd. # 36) 71, I Existing sewer line Poudre School District / � Staley Neighborhood School Site Park Site i