HomeMy WebLinkAbout115 - 09/19/2023 - AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-EXCLUSIVE UTILITY EASEMENT ON PROPERTY JOINTLY OWNED BORDINANCE NO.115,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-EXCLUSIVE UTILITY
EASEMENT ON PROPERTY JOINTLY OWNED BY THE CITY OF FORT COLLINS AND
THE CITY OF LOVELAND AT THE NORTHERN COLORADO REGIONAL AIRPORT FOR
THE AEROFNL DEVELOPMENT
WHEREAS,the City of Fort Collins (“City”)and the City of Loveland (“Loveland”)
(collectively,the “Cities”)jointly own property located in Loveland (the ‘Property”)known
as the Northern Colorado Regional Airport (the “Airport”);and
WHEREAS,the Cities currently operate and maintain the Airport pursuant to that
certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the
Fort Collins-Loveland Airport dated January 22,2015,as amended (the “IGA”);and
WHEREAS,in connection with the planned development of certain undeveloped real
property on the Airport leased to and to be developed by IC Loveland Investors,LLC,
(“Developer”)for aeronautical uses,Loveland Utilities has requested a permanent non-exclusive
easement for installation of Loveland-owned utility systems to serve the Developer’s leased
property (the “Easement”)over and across that portion of the Airport property legally described
on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference
(the “Easement Property”);and
WHEREAS,the Cities desire to grant the Easement on the terms and conditions more
fully set forth in the Grant of Utility Easement attached hereto as Exhibit C and incorporated
herein by this reference (the “Easement Agreement”);and
W1-IEREAS,City Code Section 23-111(a)authorizes the City Council to sell,convey
or otherwise dispose of any interest in real property owned by the City,provided the City
Council first finds,by ordinance,that such sale or other disposition is in the best interest 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 on the terms and conditions set forth in the Easement Agreement for less than fair market
value serves a bona fide public purpose and is in the best interests of the City as required by City
Code Section 23-114 because:
a.The use to which the Easement Property will be put promotes health,safety or general
welfare and benefits a significant segment of the citizens of Fort Collins by facilitating
private investment in and improvement of the Airport and the users it serves,including
provision of many important emergency response and safety functions,such as
medevac flights and aerial firefighting operations,and the improvements to be
constructed by Developer will provide revenue and revert to the Cities and continue to
serve the Airport after the expiration of the lease;
b.The use to which the Easement Property will be put supports one (1)or more of the
City Council’s goals,adopted policies,projects or plans,including the Airport Master
Plan,which was approved by Council;
c.The financial support provided by the City through the below-market disposition of the
Easement Property will be leveraged with other funding or assistance enabling the
construction and operation of new on-Airport development at the Developer’s cost,
which will provide an ongoing revenue stream to the Airport;
d.The sale or lease will not result in any direct financial benefit to any private person or
entity,except to the extent such benefit is only an incidental consequence and is not
substantial relative to the public purpose being served because it will enable
development of the Airport for the benefit of the Cities and the Developer will not
receive any benefit different from that afforded to all customers to which Loveland
provides utility services;and
e.Granting the Easement for less than fair market value will not interfere with current
City projects or work programs,hinder workload schedules,or divert resources needed
for primary City functions or responsibilities and will ultimately benefit the Airport
and the Cities.
Section 3.That the City Council hereby authorizes the Mayor to execute the Easement
Agreement substantially in the form attached hereto as “Exhibit A”with such modifications or
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 or effectuate the
purposes of this Ordinance.
Introduced,considered favorably on first reading,and ordered published this 5th day of
September,2023,and to be presented for final passage on the 19th day of Septe ber 2023
/A
ATTEST:
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City Clerk
Passed and adopted on final reading on this 19th da of Septembej’3.
ATTEST:
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City Clerk S
EXHIBITATO ORDINANCE NO 115,2023 EXHIBIT A
A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 33,TOWNSHIP 6 NORTH,RANGE 68 WEST
OF THE SIXTH PRINCIPAL MERIDIAN;CITY OF LOVELAND COUNTY OF LARIMER,STATE OF COLORADO’
BEING A PORTION OF TRACT B,BARNSTORM SECOND ADDITION TO THE CITY OF LOVELAND AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:BEARINGS ARE BASED ON THE EAST LINE,OF THE NORTHEAST CORNER OF SAID
SECTION 33 WHICH IS ASSUMED TO BEAR S0024’16”E
COMMENCING AT THE NORTHEAST CORNER OF SECTION 33
THENCE ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33 SO024’16”E A DISTANCE
OF 1989.53 FEET;
THENCE 589°3544”W A DISTANCE OF 115.34 FEET TO THE POINT OF BEGINNING
THENCE N 14°2648”E A DISTANCE OF 203.95 FEET;
THENCE N 7533’12”WA DISTANCE OF 10.00 FEET,
THENCE S 142648”WA DISTANCE OF 204.19 FEET;
THENCE S 70’50’24”WA DISTANCE OF 77479 FEET;
THENCE N 1 9’09’03”WA DISTANCE OF 171 50 FEET;
THENCE S 70’50’57”WA DISTANCE OF 2644 FEET;
THENCE S 19°09’03”E A DISTANCE OF 10.00 FEET;
THENCE N 700501571 E A DISTANCE OF 16.44 FEET;
THENCE S 19°09’03”E A DISTANCE OF 166.69 FEET;
THENCE N 70’Sl’Ol”E A DISTANCE OF 79325 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 0.185 ACRES MORE OR LESS.
I,CHAD R.WASHBURN,A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF,ARE CORRECT.
CHAD R.WASHBURN,PROFESSIONAL LAND SURVEYOR
COLORADO NO.37963
FOR AND ON BEHALF OF WASHBURN LAND SURVEYING,LLC
EXHIBIT A
DATE:AUGUST 01,2023
JOB NO.1232.0001.01
SHEET 1 OF 1
TST TSt INC.CONSULTING ENGINEERS
74a W~idn Way,SuIte 200
Fort Collins.Colorado
Phone:970.226.0557
EXHIBIT B TO ORDINANCE NO.115,2023
POINT OF
BEGINNING
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EXHIBIT B NORThEAST CORNER
SECTION 33,
T.6N.,R.68W
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AEROFNL
LEASE BOUNDARY
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S89
11
I
LI
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LINE TABLE
LINE LENGTH DIRECTION
Li 203.95 N14’26’48”E
L2 10.00 N75’3Yi2”W
L3 204.19 S1426’48”W
L4 774.79 S70’50’24”W
L5 171.50 Ni9’09’03W
LB 26.44 s70’50’5rW
L7 10.00 Si9t9’03”E
L8 16.44 N70’50’57”E
L9 166.69 S19’09t3”E
L1O 793.25 N70’Si’Oi”E
EAST QUARTER
CORNER SECTION 33,
T.6N.,R.68W
EXHIBIT B
DATE:AUGUST 01,2023
JOB NO.1232.0001.01
SHEET1 OF1
ST TST,INC.CONSULTING ENGINEERS
74a Ythden Woy,SuIte 200
Fort Colirn,Colorodo
Phone:970.226.0557
300 0
scale
300 600
1~=300’feet
EXHIBITCTO ORDINANCE NO 115,2023
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT is made and entered into by and between the
City of Loveland,Colorado,a municipal corporation,with an address of 500 E.Third Street,
Loveland,CO 80537,and the City of Fort Collins,Colorado,a municipal corporation
(“Grantors”),with an address of 300 LaPorte,Fort Collins,CO 80521,and the CITY OF
LOVELAND,COLORADO,a Colorado home rule municipal corporation (“City”),with an
address of 500 E.Third Street,Loveland,Colorado 80537.This Grant of Utility Easement is
effective as of the date of the City’s Official Acceptance in the City’s signature block below.
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION,the adequacy and receipt of which
is hereby acknowledged,Grantors have this day bargained,sold,conveyed,transferred,and
delivered unto the City,its successors,and assigns,in perpetuity,a non-exclusive easement in,
over,under,through,and across the real property described below for purposes of constructing,
repairing,replacing,relocating,inspecting,operating,maintaining,and accessing City-owned
utility systems across,through,upon,and under the real property described on the attached
Exhibits A and B (the “Easement Area”);provided,however,that the City shall restore the
ground surface to its prior condition after any disturbance of such surface.The term “City-owned
utility systems,”means above and below ground wires lines,cables,ducts,conduits,pipes,
pumps,pedestals,risers,poles,vaults,manholes,fire hydrants,pull boxes,and any other
equipment,appurtenances,and structures associated with electric systems that are owned and
operated by the City.
Grantors are prohibited from constructing or placing on any part of the Easement Area
without prior written approval from the City any fence or gate,building,above or below ground
utility systems or appurtenances not owned or maintained by the City,or any other permanent or
substantial structure.Grantor is prohibited from making or permitting any use of the Easement
Area that would impair,impede,or interfere with the City’s access to or along the easement,or
the City’s full free use and exercise of the easement.The City shall be permitted to immediately
remove without liability for damages any obstruction prohibited by this easement that interferes
with the City’s access to the City-owned utility systems or impairs the City’s full free use and
exercise of the easement.
This easement is and shall be subordinate to the provision of existing and future
agreements between the Grantor and the United States relative to the operation or maintenance of
the Northern Colorado Regional Airport (the “Airport”),the execution of which has been or may
be required as a condition precedent to the obtaining or expenditure of federal funds for the
benefit of the Airport.
The Grantors or their successors and assigns owns the trees and other vegetation on the
Easement Area,and the Grantors acknowledge,for themselves and for all successors and
assigns,that this easement provides the City with the authority to cut and remove trees and other
vegetation that encroaches upon the Easement Area if,in the sole discretion of the City,such
trees or vegetation interfere with the City’s use and enjoyment of this easement.
EXHIBITCTOORDINANCENO 115 2023
The Easement Area hereby granted,situated in Larimer County,Colorado,is described as
follows:
Exhibit A Easement Description
Exhibit B Easement Drawing
TO HAVE AND TO HOLD said easement unto the City,its successors,and assigns
forever.This perpetual easement and the rights,benefits,and obligations created hereby
constitute a burden upon the estate of Grantor in the underlying lands and shall run with the land
and be binding upon Grantor and its successors,personal representatives,assigns,and heirs.
Grantor does hereby covenant with the City that it is lawftilly seized and possessed of the real
property above described,that it has a good and lawful right to convey the easement herein
granted,that the easement is free and clear of all liens and encumbrances,and that it will forever
warrant and defend the title thereto against lawful claims of all persons whomsoever.
IN WITNESS WHEREOF,Grantor has executed this Grant of Utility Easement on the
date below.
GRANTOR:
By:
Date:
Print Name:
Title:
State of____________________)
)ss
County of________________)
Acknowledged before me this day of 20_,by (Name)
____________________________________as (Title)
Witness my hand and seal.My commission expires:_____________________
(SEAL)
Notary Public
OFFICIAL ACCEPTANCE BY THE CITY OF LOVELAND
APPROVED AS TO FORM:
Stephen C.Adams,City Manager Assistant City Attorney
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EXHIBIT C TO ORDINANCE NO 115 2023
AflEST:
City Clerk Date