HomeMy WebLinkAbout038 - 04/05/2016 - AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT ON CITY PROPERTY TO PETER AND CRYSTAL HARPERORDINANCE NO. 038, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT
ON CITY PROPERTY TO PETER AND CRYSTAL HARPER
WHEREAS, the City is the owner of a parcel of land located in Larimer County,
Colorado as described on Exhibit "A", attached and incorporated herein by reference (the "City
Property"); and
WHEREAS, the City Property is on Highway 14 near the Poudre River, upstream from
the City's Water Treatment Plant #1 property, and was purchased in order to help the City's
water utility manage and protect the quality of the City's water supply; and
WHEREAS, Peter and Crystal Harper (the "Harpers"), who own a parcel of land adjacent
to the City Property, recently discovered that the driveway to their property encroaches on the
City Property; and
WHEREAS; the Harpers have requested an easement from the City that would allow
their driveway to remain in the present location, rather than excavate a new driveway; and
WHEREAS, City staff has investigated the situation and possible alternatives, and
concluded that the present location of the driveway does not increase the erosion risk on the City
Property, but excavating a new driveway in an alternate location would create new, significant
erosion hazards; and
WHEREAS, the proposed access easement is described on Exhibit "B", attached and
incorporated herein by reference (the "Easement"); and
WHEREAS, the Harpers would pay $500 as compensation for the Easement, as well as a
1,000 fee to cover Real Estate Services time spent processing the easement request; and
WHEREAS, in addition, the Harpers have been cooperating with the Coalition for the
Poudre River Watershed (CPRW) in allowing post-fire restoration work to be performed on,the
Harpers' property, and have also been facilitating discussions between CPRW and other property
owners in the same basin area; and
WHEREAS, CPRW's restoration work in this basin will further protect the City's water
supply from erosion, and City staff appreciates the Harpers' assistance in this'regard; and
WHEREAS, at its regular meeting on February 18, 2016, the Water Board voted to
recommend approval of the Easement to the Harpers; and
WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided that the City
Council first finds, by ordinance, that such sale or other disposition is in the best interests of the
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City and, with respect to property that is part of the City's water or utility systems, that the
disposition will not materially impair the viability of the particular utility system as a whole and
will be for the benefit of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the.determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City's conveyance of the
Easement to the Harpers as provided herein is in the best interests of the City, will not materially
impair the viability of the City's water system as a whole, and will be for the benefit of the
citizens of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to the Harpers 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 interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 15th day of
March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016.
O4FpRT Cp<lj
Mayor
ATTEST:
LSEA ,
City Clerk
COLORP
Passed and adopted on final reading on the 5th day of April, A.D. 2016.
O
OVIT C94
SEAS
oo ayor
ATTEST:COLO?-
City Clerk
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Exhibit"A"
City Property
Parcel Number:
08052-00-906
L
Legal Description (Per County Assessor):
E 1/2 OF NW 1/4, NW 1/4 OF NE 1/4; LESS 936-39; ALSO POR SW 1/4 OF NE 1/4 DESC IN 1744-770
Exhibit B
Description:
A portion of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West,
Larimer County, Colorado being described as the West 120.00 feet of the South 70.00 feet of the
East 187.00 feet of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70
West, Larimer County, Colorado;being more particularly described as follows:
COMMENCE at the Southeast corner of the East 1/2 of the Northwest 1/4 of Section 5,
Township 8 North, Range 70 West, Larimer County, Colorado;
thence S 88°57'31" W for a distance of 67.00 feet along the South line of said East 1/2 to the
POINT OF BEGINNING;
thence continue S 88°57'31" W for a distance of 120.00 feet along said South line;
thence N 00°48'13" W for a distance of 70.00 feet parallel with the East line of the aforesaid
East 1/2 of the Northwest 1/4 of Section 5; '
thence N 88°57'31" E for a distance of 120.00 feet parallel with aforesaid South line of the East
1/2;
thence S 00°48'13" E for a distance of 70.00 feet parallel with aforesaid East line of the East 1/2
to the Point of Beginning;
Containing 8,400 square feet, more or less, and being subject to any easements or rights of way
of record.
This description was created on March 1, 2016 by M. Bryan Short, Licensed Colorado PLS No. 32444..