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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/19/2019 - ITEMS RELATING TO NON-EXCLUSIVE UTILITY EASEMENT AAgenda 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. 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) Sc PIHTo defo 6Do DDo OJo "go #o K9o %&o -1- 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 -2- 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. 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 -1- 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 -2- 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. 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 4o 7 o )o@_;`ao $mo * lo ,YjGZo ?o Cko +P:o EEFAo 3o Mo -o /WU]o o >o BX5Do 8o0o [1oNo .o 'o n o 2o DRo o !o \o (Q=K^Lo o oo hoo o Vio o o \=Po <bo ATTACHMENT 1