HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2019 - ITEMS RELATING TO NON-EXCLUSIVE UTILITY EASEMENT AAgenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY March 5, 2019
City Council
STAFF
Shane Boyle, Civil Engineer III
Ken Sampley, Water Systems Engineering Manager
Judy Schmidt, Legal
SUBJECT
Items Relating to Non-Exclusive Utility Easement Agreements with Colorado State University and Colorado
State University Research Foundation.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 024, 2019, Approving a Non-Exclusive Utility Easement Agreement for
City Storm Sewer Lines on Colorado State University Property, Including Vacation of Easements Granted
in 1966 Right-of-Way Agreement.
B. Second Reading of Ordinance No. 025, 2019, Approving a Non-Exclusive Utility Easement Agreement for
City Storm Sewer Lines on Colorado State University Research Foundation Property, Including Vacation of
Easements Granted in 1966 Right-of-Way Agreement.
These Ordinances, unanimously adopted on First Reading on February 19, 2019, vacate a 1966 storm sewer
easement on Colorado State University’s (CSU) Main Campus, portions of which are now owned by the
Colorado State Research Foundation (CSURF), and approve a new Utility Easement Agreement in its place.
The existing storm sewer main is generally not located in the center of the existing right-of-way and in some
places is not within the right-of-way at all. These Ordinances will abandon the 1966 right-of-way and replace it
with a new easement that is centered on the existing storm sewer main.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 19, 2019 (w/o attachments) (PDF)
2. Ordinance No. 024, 2019 (PDF)
3. Ordinance No. 025, 2019 (PDF)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY February 19, 2019
City Council
STAFF
Shane Boyle, Civil Engineer III
Ken Sampley, Water Systems Engineering Manager
Judy Schmidt, Legal
SUBJECT
Items Relating to Non-Exclusive Utility Easement Agreements with Colorado State University and Colorado
State University Research Foundation.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 024, 2019, Approving a Non-Exclusive Utility Easement Agreement for City
Storm Sewer Lines on Colorado State University Property, Including Vacation of Easements Granted in 1966
Right-of-Way Agreement.
B. First Reading of Ordinance No. 025, 2019, Approving a Non-Exclusive Utility Easement Agreement for City
Storm Sewer Lines on Colorado State University Research Foundation Property, Including Vacation of
Easements Granted in 1966 Right-of-Way Agreement.
The purpose of this item is to vacate a 1966 storm sewer easement on Colorado State University’s (CSU) Main
Campus, portions of which are now owned by the Colorado State Research Foundation (CSURF), and approve
a new Utility Easement Agreement in its place. The existing storm sewer main is generally not located in the
center of the existing right-of-way and in some places is not within the right-of-way at all. These Ordinances will
abandon the 1966 right-of-way and replace it with a new easement that is centered on the existing storm sewer
main.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The City has existing storm sewer mains located on CSU property that serves the area near Shields Street and
Plum Street. The storm sewer conveys stormwater runoff from this area southeastward across CSU’s Main
Campus and south to Spring Creek. In conjunction with the construction of the storm sewer mains, an existing
easement was granted as part of a 1966 right-of-way agreement. Recent investigations have determined that
the storm sewer is often not located in the center of the existing easement and, in some locations, is not located
within the easement at all. The true existing location of the storm sewer main has been determined by City
surveyors. This Ordinance vacates the existing easement and replaces it with a new easement that is centered
on the existing storm sewer main. A portion of the Storm sewer main is located on property now owned by
CSURF, so there are two new Easement Agreements - one from CSU and one from CSURF - to cover the
existing mains.
CITY FINANCIAL IMPACTS
No financial impacts to the City are anticipated with this Ordinance.
ATTACHMENT 1
Agenda Item 10
Item # 10 Page 2
BOARD / COMMISSION RECOMMENDATION
As this change is at the request of CSU and no other public or private parties are anticipated to be impacted, no
public outreach was performed.
ATTACHMENTS
1. Aerial Reference Map (PDF)
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ORDINANCE NO. 024, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT FOR CITY
STORM SEWER LINES ON COLORADO STATE UNIVERSITY PROPERTY, INCLUDING
VACATION OF EASEMENTS GRANTED IN 1966 RIGHT-OF-WAY AGREEMENT
WHEREAS, the Board of Governors of the Colorado State University System, acting by
and through Colorado State University (“Colorado State”) as grantor and the City of Fort Collins,
Colorado (“City”), as grantee entered into a Right of Way Agreement dated May 27, 1966 (“ROW
Agreement”) whereby Colorado State granted to the City a right of way for the construction,
maintenance, servicing and operation of underground storm sewer lines upon certain properties of
Colorado State University; and
WHEREAS, a portion of the storm sewer lines installed under the ROW Agreement are on
real property now owned by the Colorado State University Research Foundation (“CSURF”); and
WHEREAS, the parties have reviewed the currently existing City storm sewer lines
installed on the properties of Colorado State University under the ROW Agreement and have
agreed to restate the legal description to depict the specific areas in which such lines are located
and currently exist as of the date surveyed on March 2, 2018; and
WHEREAS, the parties have further agreed to replace and restate the ROW Agreement in
its entirety, including vacation and termination of the prior grant of easement rights for storm sewer
lines set forth in the ROW Agreement and the grant of easement rights for the existing City storm
sewer lines on the terms and conditions set forth in the Non-Exclusive Utility Easement Agreement
attached hereto as Exhibit A and incorporated herein by this reference (the “New Utility Easement
Agreement”); and
WHEREAS, the vacation of the easements for stormwater purposes granted in the ROW
Agreement by approval of the New Utility Easement Agreement requires Council action by
Ordinance pursuant to Section 23-115 of the Fort Collins City Code; and
WHEREAS, staff has advised Council that easements granted in the ROW Agreement for
City storm sewer lines are no longer needed for public right-of-way purposes and it is in the
public’s interest to vacate the same upon the grant of the easements for City storm sewer lines set
forth in the New Utility Easement Agreement; and
WHEREAS, staff has advised Council that the City Engineer has routed the vacation
request to, and solicited comments from potentially affected utility agencies, City staff, emergency
service providers and affected property owners in the vicinity of the right of way and easements
to be vacated, if any, and recommended vacation of the easements for City storm sewer lines
granted in the ROW Agreement to the City’s Director of Planning, Development and
Transportation, who has in turn recommended to Council vacation of the easements for City storm
sewer lines granted in the ROW Agreement upon the grant of the easements for City storm sewer
lines set forth in the New Utility Easement Agreement.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby vacates the easements for City storm sewer
lines as set forth in the ROW Agreement upon the effective date of the New Utility Easement
Agreement. Title to the vacated right-of-way shall vest in accordance with Colorado Revised
Statutes Section 43-2-302.
Section 3. That the City Council hereby accepts the easements for City storm sewer
lines as granted in the New Utility Easement Agreement.
Introduced, considered favorably on first reading, and ordered published this 19th day of
February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
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ORDINANCE NO. 025, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT
FOR CITY STORM SEWER LINES ON COLORADO STATE UNIVERSITY
RESEARCH FOUNDATION PROPERTY, INCLUDING VACATION OF
EASEMENTS GRANTED IN 1966 RIGHT-OF-WAY AGREEMENT
WHEREAS, the Board of Governors of the Colorado State University System, acting by
and through Colorado State University (“Colorado State”) as grantor and the City of Fort Collins,
Colorado (“City”), as grantee entered into a Right of Way Agreement dated May 27, 1966 (“ROW
Agreement”) whereby Colorado State granted to the City a right of way for the construction,
maintenance, servicing and operation of underground storm sewer lines upon certain properties of
Colorado State University; and
WHEREAS, a portion of the storm sewer lines installed under the ROW Agreement are on
real property now owned by the Colorado State University Research Foundation (“CSURF”); and
WHEREAS, the parties have reviewed the currently existing City storm sewer lines
installed under the ROW Agreement and have agreed to restate the legal description to depict the
specific areas in which such lines are located and currently exist as of the date surveyed on March
2, 2018; and
WHEREAS, the parties have further agreed to replace and restate the ROW Agreement in
its entirety, including vacation and termination of the prior grant of easement rights for storm sewer
lines set forth in the ROW Agreement and the grant of easement rights for the existing City storm
sewer lines on the terms and conditions set forth in the Non-Exclusive Utility Easement Agreement
attached hereto as Exhibit A and incorporated herein by this reference (the “New Utility Easement
Agreement”); and
WHEREAS, the vacation of the easements for stormwater purposes granted in the ROW
Agreement by approval of the New Utility Easement Agreement requires Council action by
Ordinance pursuant to Section 23-115 of the Fort Collins City Code; and
WHEREAS, staff has advised Council that easements granted in the ROW Agreement for
City storm sewer lines are no longer needed for public right-of-way purposes and it is in the
public’s interest to vacate the same upon the grant of the easements for City storm sewer lines set
forth in the New Utility Easement Agreement; and
WHEREAS, staff has advised Council that the City Engineer has routed the vacation
request to, and solicited comments from potentially affected utility agencies, City staff, emergency
service providers and affected property owners in the vicinity of the right of way and easements
to be vacated, if any, and recommended vacation of the easements for City storm sewer lines
granted in the ROW Agreement to the City’s Director of Planning, Development and
Transportation, who has in turn recommended to Council vacation of the easements for City storm
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sewer lines granted in the ROW Agreement upon the grant of the easements for City storm sewer
lines set forth in the New Utility Easement Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby vacates the easements for City storm sewer
lines as set forth in the ROW Agreement upon the effective date of the New Utility Easement
Agreement. Title to the vacated right-of-way shall vest in accordance with Colorado Revised
Statutes Section 43-2-302.
Section 3. That the City Council hereby accepts the easements for City storm sewer
lines as granted in the New Utility Easement Agreement.
Introduced, considered favorably on first reading, and ordered published this 19th day of
February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A